July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11487 SENATE—Wednesday, July 18, 2012

The Senate met at 9:30 a.m., and was BRING JOBS HOME ACT—MOTION sion to outsource jobs, especially when called to order by the Honorable TO PROCEED there are millions of people in this KIRSTEN E. GILLIBRAND, a Senator from Mr. REID. Madam President, I move country looking for work. 1 the State of New York. to proceed to Calendar No. 442. Over the last 10 years, about 2 ⁄2 mil- The ACTING PRESIDENT pro tem- lion jobs in call centers, sales centers, PRAYER pore. The clerk will report. financial firms, and factories were The Chaplain, Dr. Barry C. Black, of- The assistant legislative clerk read shipped overseas, and American tax- fered the following prayer: as follows: payers helped foot the bill for sending Let us pray. those jobs overseas. Every time U.S. Motion to proceed to S. 3364, a bill to pro- companies ship jobs or facilities over- O Lord our God, we turn to You for vide an incentive for businesses to bring jobs strength and courage and faith. We back to America. seas, American taxpayers help cover the moving costs. The Bring Jobs thank You for Your promise to supply Mr. REID. Madam President, I sug- all our needs from Your bountiful res- Home Act will end these disgraceful gest the absence of a quorum. subsidies for outsourcing and would ervoir of grace. The ACTING PRESIDENT pro tem- Today, empower our lawmakers to give a 20-percent tax break to cover the pore. The clerk will call the roll. cost of moving those jobs back to the find new opportunities for service. The assistant legislative clerk pro- Lord, infuse them with such hope and United States. ceeded to call the roll. But Republicans are filibustering purpose that their labors will bring a Mr. REID. Madam President, I ask this commonsense legislation. It is no harvest of goodness and justice that unanimous consent that the order for surprise Republicans are on the side of will reign in our land and world. May the quorum call be rescinded. corporations—corporations making big our Senators yield their attitudes and The ACTING PRESIDENT pro tem- bucks—sending American jobs to dispositions to Your control so that pore. Without objection, it is so or- China, India, and other places. After they might work effectively with each dered. all, their Presidential nominee, Mitt other. SCHEDULE Romney, made a fortune in outsourc- We pray in Your gracious Name. Mr. REID. Madam President, the ing jobs also. So Republicans are once Amen. schedule here this morning is that the again putting tax breaks for big cor- f first hour will be equally divided and porations and multimillionaires ahead controlled between the two leaders or of the needs of ordinary Americans. PLEDGE OF ALLEGIANCE their designees, the majority control- What most Americans need is a good The Honorable KIRSTEN E. GILLI- ling the first half and the Republicans job—a job here at home—and the assur- BRAND led the Pledge of Allegiance, as the final half. ance their taxes won’t go up on Janu- follows: Yesterday cloture was filed on the ary 1. Democrats, Republicans, and motion to proceed to the Bring Jobs Independents across the country agree I pledge allegiance to the Flag of the United States of America, and to the Repub- Home Act. Unless an agreement is with our plan. It is only Republicans in lic for which it stands, one nation under God, reached, this vote will occur tomorrow Congress who disagree. Yet Repub- indivisible, with liberty and justice for all. morning. licans here in the Senate are filibus- MEASURE PLACED ON THE CALENDAR—S. 3393 tering legislation to bring jobs back to f Mr. REID. Madam President, I am America. They have twice blocked a APPOINTMENT OF ACTING told S. 3393 is at the desk and due for vote on legislation to keep taxes low PRESIDENT PRO TEMPORE a second reading. for 98 percent of American families. The ACTING PRESIDENT pro tem- It was Republicans who asked for a The PRESIDING OFFICER. The pore. The clerk will report the bill by vote on the plan to raise taxes for 25 clerk will please read a communication title. million families and a vote on our plan to the Senate from the President pro The assistant legislative clerk read to keep taxes low for 135 million Amer- tempore (Mr. INOUYE). as follows: ican taxpayers. So we offered them The assistant legislative clerk read what they wanted. We offered them up- the following letter: A bill (S. 3393) to amend the Internal Rev- enue Code of 1986 to provide tax relief to or-down votes on both proposals—no U.S. SENATE, middle-class families. procedural hoops, no delay tactics, just PRESIDENT PRO TEMPORE, a simple majority vote on our plan and Mr. REID. Madam President, I object Washington, DC, July 18, 2012. theirs. And they refused. to any further proceedings on this bill To the Senate: Maybe Republicans refused our offer Under the provisions of rule I, paragraph 3, at this time. because they don’t have the votes for of the Standing Rules of the Senate, I hereby The ACTING PRESIDENT pro tem- their plan to raise taxes on 25 million appoint the Honorable KIRSTEN E. GILLI- pore. Objection is heard. The bill will BRAND, a Senator from the State of New Americans or maybe they have refused be placed on the calendar under the it because the majority of Americans York, to perform the duties of the Chair. provisions of rule XIV. DANIEL K. INOUYE, support our plan to keep taxes low for President pro tempore. TAXPAYER SUBSIDIZATION 98 percent of families, while asking Mr. REID. Madam President, if you Mrs. GILLIBRAND thereupon as- only the top 2 percent to contribute a want to do business in America today, sumed the chair as Acting President little bit more to reduce the deficit. your goal should be to make a profit. pro tempore. Everyone across America—the major- There is nothing wrong with that. That ity of Republicans—supports our plan. f is good. Millions of hard-working Yet, still, Republicans here in the Sen- American entrepreneurs are the back- ate are holding hostage tax cuts for RECOGNITION OF THE MAJORITY bone of our economy. And if your com- nearly every American family to extort LEADER pany boosts profits by sending jobs more budget-busting giveaways to mil- The ACTING PRESIDENT pro tem- overseas, that is your right as a busi- lionaires and billionaires. pore. The majority leader is recog- ness owner. But American taxpayers For a year, the budget deficit was all nized. shouldn’t subsidize your business deci- Republicans wanted to talk about.

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

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But now that Democrats have a of changing the basic rules of the Sen- has marked up his bill—subcommittee plan to reduce the deficit by almost $1 ate where we require not 50 votes to bills. trillion simply by ending wasteful tax pass something but 60 votes on every- But I would also say the House is not breaks, Republicans have given up fis- thing is wrong. I think we waste weeks serious about what they do. Energy and cal responsibility. and weeks on motions to proceed. Water used to be one of the most im- So I say this to my Republican I had a conversation with a real tra- portant subcommittees—the most pop- friends: You can’t have it both ways. ditionalist last evening—CARL LEVIN, ular, I should say, in addition to being You can’t call yourself a deficit hawk the Senator from Michigan—where we important—in this body. I was fortu- and fight for more tax breaks for mil- talked about this at some length. He nate to serve on that subcommittee for lionaires and billionaires while the def- acknowledges the motion to proceed is more than a quarter of a century under icit increases. You can’t call yourself a a real problem here but he disagrees great leaders—Domenici, Bennett, fiscal conservative and fight to protect with me. Others can talk to him per- Johnson, and the committee chairs tax breaks for companies that sonally, but that is the way I under- switched back and forth. But the House outsource jobs to India and China. stood him. But I am convinced some- sent over here an Energy and Water RECOGNITION OF THE MINORITY LEADER thing must change, unless there is an Subcommittee appropriations bill that The ACTING PRESIDENT pro tem- agreement to change how we focus on has more than 30 riders directed toward pore. The Republican leader is recog- the motion to proceed. EPA-type functions alone. I mean, they nized. I will try to end this quickly, but I are not serious about doing legislation. They are serious about satisfying their SENATE PROCEDURE think the leader deserves a full expla- tea party and the ridiculous messages Mr. MCCONNELL. Madam President, nation. The filibuster was originally devised—it is not in the Constitution— they are trying to send. I indicated to the majority leader be- I would also say one of the other fore the Senate convened today that I to help legislation get passed. That is the reason they changed the rules here problems we have is we have to fight to wanted to have a discussion, the two of get to anything—any legislation. We us, on several items. to do that. Now it is being used to stop legislation from passing, and so we have to fight to get that done. As you No. 1, I understand my friend the ma- know, we have wasted—I said weeks jority leader, last night on MSNBC, have to change things because this place is becoming inoperable. earlier—months trying to get legisla- said it was his intention at the begin- tion on the floor. So appropriations ning of the next Congress, if Democrats Mr. MCCONNELL. I gather then my friend the majority leader’s commit- bills, I want to get these done. I am an were in the majority, to change the appropriator. But it has been unreal- rules of the Senate by a simple major- ment at the beginning of the Congress, that we would follow the regular order istic with the actions of the House. ity. So I want to begin by asking my Mr. MCCONNELL. Madam President, to change the rules of the Senate, is no friend the majority leader if his com- what we just heard is that it is not the longer operative. So let me turn to a ments at the beginning of this Con- Senate’s fault, it is the House’s fault second area of discussion. gress, on January 27, 2011, are no longer that the Senate won’t schedule appro- The principal advantage of being in operative. At that time, my friend the priations bills that have been marked the majority is you get to schedule leg- majority leader said: up in the Senate appropriations com- islation. And of course there are a I agree that the proper way to change Sen- mittees. ate rules is through the procedures estab- number of things that can be done with My concern here is that nobody is lished in those rules, and I will oppose any a simple majority of 51. So I would ask taking responsibility for the Senate effort in this Congress or the next to change my friend the majority leader why it is itself. We are not responsible for what the Senate’s rules other than through the his view Republicans have somehow the House is doing. And typically these regular order. prevented the Senate from passing a differences in what we call 302(b)s; that So my first question to my friend the budget, which could have been done is, what each subcommittee is going to majority leader is: Is that statement with a mere 51 votes anytime during spend, are worked out in conference. no longer operative? the last 3 years? We can’t have a conference on any of Mr. REID. Madam President, through Mr. REID. Madam President, that is the bills because we haven’t passed any the Chair, I would answer my friend an easy question to answer. We already of the bills across the Senate floor. the Republican leader, as I have said have a budget. We passed, in August of So the majority leader doesn’t want here on the floor. I believe what took last year, a budget that took effect for to do a budget. He doesn’t want to place at the beginning of this Congress the last fiscal year and this fiscal year. schedule votes on appropriations bills. was something that was very impor- It set numbers—302(b) numbers, in ef- Then I would ask my friend, why don’t tant for this body. It was led by Sen- fect. There was no need for a budget we do the DOD authorization bill? ator UDALL of New Mexico and Senator this year. We already had one. Mr. REID. The answer is pretty sim- MERKLEY of Oregon. They had been So the hue and cry of my Repub- ple there too: We have spent the last here a little while and they thought licans friends that we need to have a many weeks working through proce- the Senate was dysfunctional. Well, budget is just a lot of talk. We already dural matters on bills the Republicans they hadn’t been here a long time, and have a budget. have held up. I was still willing to go along at that Mr. MCCONNELL. Madam President, We are now in a cloture situation. I time with the traditional view of let’s I would say to my friend the majority spoke to Senator LEVIN last night not rock the boat here. But that was leader, he knows the Parliamentarian about that. He is the chairman of that with the hope, and I thought the assur- disagrees with his view that we already committee. I have spoken to JOHN ance of my Republican colleagues, that have a budget. But let us assume for MCCAIN several times on this matter. I we would not have these continual, the sake of discussion we do have a know how important they feel this leg- nonsensical motions to proceed filibus- budget. Then I would ask my friend the islation is, and I think it is important tered, taking a week to get through majority leader why we haven’t passed also. But we can only do what we have that before finally moving to a piece of a single appropriations bill? to do. legislation. Mr. REID. That also is an easy ques- One of the things I have an obliga- So I said here in the Senate a few tion to answer. The Republicans in the tion for our country to get to is cyber- months ago that I was wrong. It is hard House—and this is a bicameral legisla- security. I was asked to visit with Gen- to acknowledge you are wrong. It is ture—have reneged on the law that was eral Petraeus. I did that a day or two

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There are people a jump ball. my Members why we shouldn’t do what out there making threats on this coun- What my friend the majority leader the majority leader was just recom- try every day, and we have been fortu- is saying is that it is inconvenient, it is mending about 6 months before. nate in being able to stop a number of hard to work with all these Senators Let’s assume we have a new Presi- them. So we are going to have to get to who have different points of view and dent and I am the majority leader next cybersecurity before we get to the De- want to do different things. Well, heck, time and we are operating at 51. I won- fense authorization bill because on the that is the way legislation is passed. It der how comforting that is to my relative merits of the two, cybersecu- is not supposed to be easy, and Sen- friends on the other side. How does it rity is more important. They are both ators are supposed to have an oppor- make you feel about the security of important, but I believe that one is tunity to participate. ObamaCare, for example? I think that more important than the other. I would argue that in the examples I is worth thinking about. Mr. MCCONNELL. Madam President, just cited where Senators did partici- The Senate has functioned for quite a it is pretty obvious that the reason the pate—both in the committee and on number of decades without a simple Senate is so inactive is because the ma- the floor—the Senate functioned the majority threshold for everything we jority leader doesn’t want to take up way it used to. And all this talk about do. It has a good effect because it any serious bills that are important to rules change is just an effort to try to brings people together. To do anything the future of the country. He men- find somebody else to blame for the in the Senate, you have to have some tioned cybersecurity. Why isn’t it on fact that the Senate has been ruled es- bipartisan buy-in. the floor? Defense authorization: Why sentially dysfunctional by 62 efforts by My colleagues, do we really want the isn’t it on the floor? Appropriations my good friend the majority leader to Senate to become the House? Is that bills: Why don’t we call them up? These fill up the tree—in effect, deny Sen- really in the best interests of our coun- try? Do we want a simple majority of are not partisan bills. They are widely ators, both Democrats and Repub- 51 to ramrod the minority on every supported. They are the basic work of licans, the opportunity to offer any issue? I think it is worth thinking government, including the budget. And amendments he doesn’t select. That is about over the next few months as the I understand his view is that the Par- the reason we are having this problem. American people decide who is going to liamentarian is wrong and that we So it doesn’t require a rules change, it be in the majority in the Senate and really did pass a budget. But the budg- requires an attitude change. And I who is going to be the President of the et could be done with a simple major- sense on both sides of the aisle—this is United States. not just a Republican complaint, I ity. The appropriations bills are not Mr. REID. Madam President, the Re- would say to my friend the majority partisan in nature. If there are dif- publican leader has asked a few ques- ferences in the 302(b)s, they could be leader. I have talked to a lot of Demo- tions, so I will proceed to answer. worked out in conference, which is the crats about this too. They would like I can remember reading with great way we did it for years. to be relevant again, and the way Sen- interest George Orwell’s ‘‘1984’’ book We have followed the regular order ators are relevant is for their com- where, as you know, it came out that occasionally, and when we have Sen- mittee work to be respected and to be up was down and down was up. The Re- ators have been involved, they were important and to become a part of the publican leader is living in a fantasy relevant in the process. I will give five bill coming out of committee or, if it world if he believes what he said, and I examples. The Export-Import Bank re- didn’t, an opportunity to offer an assume he does. That is why two schol- authorization, trade adjustment assist- amendment to effect it on the floor. ars, Mann and Ornstein, a couple ance patent reform, FAA reauthoriza- Sure, we don’t have rules of germane- months ago wrote a book. They have tion, the highway bill, and the farm ness. We generally are able to work been watching Washington for three or bill are all examples of when Senators that out. When we were in the major- four decades, and they said they have were made relevant by the fact that we ity, we got nongermane amendments over the years been like a lot of people took up bills that actually came out of from the Democratic side, and I used to who are writers—Democrats did this, committees, that were worked on by tell my Members that the price of Republicans did this—but their conclu- Members of both parties, that were being in the majority is you have to sion was that what has happened in re- brought up on the floor, amendments cast votes you don’t want to cast be- cent years is the Republicans have were offered, and in the end bills cause that is the way you get a bill stopped this body from working by all passed. across the floor and get it to comple- of their shenanigans on these motions The core problem here is that my tion. to proceed, creating 60 votes where it good friend the majority leader as a So I would say to my good friend the never existed before. practical matter is running the whole majority leader, quit blaming every- Robert Caro, who is writing the de- Senate because everything is central- body else. It is not the House; it is not finitive work on Lyndon Johnson, one ized in his office, which diminishes the the Senate; it is not the motion to pro- of my predecessors, said that I had a opportunity for Senators of both par- ceed. Why don’t we operate the way we very difficult job based on how the Sen- ties to represent their constituents. used to under leaders of both parties ate has changed with what the Repub- Look, we all were sent here by dif- and understand that amendments we licans are doing. ferent Americans who expected us to don’t like are just part of the process Now, we have tried mightily. We have a voice, to have an opportunity to because everybody here doesn’t agree have gotten a few things done. When- effect legislation. on everything? That would be my ever there is a decision made that they I would say to my good friend the thought about how to move the Senate want to help a bill get passed, we get it majority leader, we don’t have a rules forward. done—for example, the highway bill. problem, we have an attitude problem. But at the beginning of this discus- That bill took so long to get done. We When is the Senate going to get back sion, the majority leader made it clear had one major piece of legislation that to normal? that what he said at the beginning of we waited 4 weeks before they could I can recall my friends on the other the Congress is no longer operative. It get it out of their system that instead side saying repeatedly that the dif- is now his view that the Senate ought of doing highways, we should be doing ference between the House and Senate to operate like the House—it ought to birth control, determining what birth is you get to vote; it is not a top-down operate like the House, with a simple control women should be entitled to. organization the way the House is, it is majority. I think that is a mistake. I All of these extraneous issues—impor- really kind of a level playing field in think that would be a mistake if I were tant legislation held up. One of the Re- which the majority leader has a little the majority leader and he were the publicans over here decides they are a

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But I would just suggest to my which could have been done with sim- and views are now taken for granted. friend that if a Democratic Senator—as ple 51 votes, passing a budget, and not Understand, Ornstein works for the the Presiding Officer knows—has a even bringing up bills that we all want American Enterprise Institute, a con- problem about anything going on to act on—all the appropriations bills, servative think tank. They go on to around here, they talk to me. I don’t the Defense authorization bill. And on say: think there is any reason for them to the rare occasions when the majority The GOP has become an insurgent outlier talk to the Republican leader. But if leader has turned to a measure that in American politics. It is ideologically ex- they do that, more power to them. Senators have been involved in devel- treme; scornful of compromise; unmoved by There have been volumes of pieces of oping, we have come to the floor, we conventional understanding of facts, evi- legislation that have been brought to a have had amendments, we have had dence and science; and dismissive of the le- standstill here. Why do we now have a votes, and the bills have passed. That gitimacy of its political opposition. rule that every basic piece of legisla- is the way the Senate used to operate. I am a legislator. I have been doing it tion has 60 votes? So this isn’t a rules problem, this is for 30 years here and for quite a few I had a meeting with Senator FEIN- a making-excuse argument to try to years in Nevada prior to getting here. I STEIN, Senator TESTER, and Senator blame somebody else for the lack of have enjoyed being a legislator. These LAUTENBERG. In the course of the con- productivity of a Senate that I sense last few years, because of what we hear versation, Senator FEINSTEIN looked on a bipartisan basis would like to be a from Ornstein and Mann, has made it back and said: You know, I had really lot more productive, which would in- very unpleasant. For the Republican a controversial amendment dealing volve the use of Senators’ talents, leader, with a straight face, to come with what should happen to assault speaking ability, voting, and debating and say: Why aren’t we doing the De- weapons. That passed on a simple ma- on the floor of the Senate. fense authorization bill? Why aren’t we jority vote. No one suggested filibus- Since when did that go out of fash- doing appropriations bills, everyone tering that thing to death. That is new. ion? knows why we are not doing them. That is new—legislation being used as Yes, we have a big difference of opin- They have not let us get to virtually an excuse to stop things. ion about the way this place is being anything. To be dismissive of me be- Now, I want the record to be very run. It is not a rules problem; it is an cause I say the Republican leadership clear—and I have made it all very clear attitude problem. It is a looking for in the House has been dismissive of the in all of my public statements—about somebody else to blame game. law we have guiding this country, I the need to get rid of the motion to I say to my friend the majority lead- think says it all. I recognize we are a proceed. I am not for getting rid of the er, I think what we need to do is get bicameral legislature. We have our own filibuster rule. It is ‘‘1984’’ to suggest busy with the serious business con- things to do. But we have to take this that I think the House and the Senate fronting the American people. Where is as a whole and look at the record— should be the same. But I do believe the Defense authorization bill? Where major pieces of legislation we cannot that when the filibuster came into are the appropriations bills? Don’t get to. being, it was to help get legislation blame it on the House. Don’t blame it For example, we cannot get to some- passed. I repeat: It is now to stop legis- on Senate Republicans. We want to go thing dealing with outsourcing of jobs. lation from passing. That is not appro- to these bills. Our Members have been We are here filibustering a motion to priate. involved in developing this legislation. proceed to that—a motion to proceed So I am convinced that the best In the Armed Services Committee, in to it, not the substance of the legisla- thing to do with filibusters is to have the Appropriations subcommittees, tion, a motion to proceed to it. filibusters. I have been involved in a Senate Republicans are involved in de- The record speaks for itself. The couple of them, and I am sure I irri- veloping that legislation. We would record speaks for itself: tated people on both of them, but I did like to see it brought up on the floor, We have been studying Washington politics that. One of them didn’t last too long, debated, and considered. and Congress for more than 40 years, and but the first one lasted 11 or 12 hours. What is more important than funding never have we seen them this dysfunctional. That is what filibusters are supposed to the government? What is more impor- In our past writings, we have criticized both be, not throwing monkey wrenches tant than the Defense authorization parties when we believed it was warranted. bill? Why isn’t it on the floor? That is Today, however, we have no choice but to ac- into decisions we are trying to make knowledge that the core of the problem lies and then walking off the floor. my question to the majority leader. with the Republican Party. The rules have to be changed. I ac- We can have the rules debate later, The GOP— and apparently we will, but why aren’t knowledge that, and I don’t apologize The Grand Old Party, the Republican we doing anything now is my question for it for 1 second. Party— As far as how I attempt to run the for my friend the majority leader. Mr. REID. Madam President, I think has become an insurgent outlier in American Senate, I do the best I can under very politics. It is ideologically extreme; scornful difficult circumstances, as indicated by this best can be answered in my not re- of compromise; unmoved by conventional the two writers Mann and Ornstein. sponding directly but quoting. This is understanding of facts, evidence and science; Mr. MCCONNELL. Madam President, from an op-ed that appeared around the and dismissive of the legitimacy of its polit- most people think a filibuster is a lot country by Thomas E. Mann and Nor- ical opposition. of talking to stop the bill from passing. man J. Ornstein. ‘‘Let’s just say it,’’ is Mr. MCCONNELL. The reason I am In fact, cloture is to end debate. And the headline, ‘‘The Republicans are the having a hard time restraining my what we have had here on at least 62 problem.’’ laugher, I actually know Norm occasions while the majority leader I am quoting: Ornstein and Tom Mann. They are was running the Senate are examples Rep. Allen West, a Florida Republican, was ultra ultraliberals. Norm Ornstein is of times when Senators were not al- recently captured on video asserting that the house liberal over at the American lowed to talk, not allowed to offer there are ‘‘78 to 81’’ Democrats in Congress Enterprise Institute. Their problem who are members of the Communist Party. amendments, and not allowed to par- Of course, it’s not unusual for some renegade with the Senate is the Democrats don’t ticipate in the process. Cloture is fre- lawmaker from either side of the aisle to say have 60 votes anymore. Their problem quently used in order to advance a something outrageous. What made West’s is the Republicans control the House. measure, but, as you can imagine, comment—right out of the McCarthyite Their views about dysfunctionality of

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11491 the Senate carry no weight, certainly gress is not anything any of us should about the difficult job I have had be- with me. I know they have an ideolog- be happy about. We should not be cause of the way the Senate has ical agenda, always have, and usually happy about that at all. We should be changed because of what has taken admit it—although it is cloaked in this passing scores of pieces of legislation, place in the last couple years. We have particular instance. as we did in the last Congress. had bills we have been able to work But I think the best way to wrap it But, no, the decision was made at the things out with, with Republicans. up is nobody else is keeping the major- beginning of this Congress—it may not That is pleasant, and I am glad we have ity leader from calling up the appro- be a direct quote but substantively ac- been able to do that. Most of the time priations bills, from calling up the De- curate—my friend the Republican lead- we cannot do that. We have, for exam- fense authorization bill, from calling er said his No. 1 goal is to stop Obama ple, one Republican Senator, when we up a budget. That is his responsibility. from being reelected, and that is what are in tense negotiations with Paki- He has a unique role in this institu- this legislation we have tried to get stan on a lot of very sensitive issues, tion. He has the opportunity to set the forward has had, the barrel we tried to who wants to do something that is out- agenda, and just because all 100 Sen- get around continually. We are going side the scope of rational thinking, ators do not immediately fall into to go ahead. We will have cloture to- which holds up legislation. We have line—and it may be a little bit difficult morrow on another one of our scores of had—we have tried very hard all dif- to go forward—is no excuse for not times we have tried to break cloture ferent ways to move legislation in this doing the important and basic work this Congress and move on to some- body. For the first time in the history the American people sent us to do. It is thing else. We have had 13 cloture of the country, the No. 1 issue in the time to bring up serious legislation votes on motions to proceed in the sec- Senate of the United States has been a that affects the future of the country ond session of the Congress alone—13. procedural matter: How do we get on a that the American people expect us to Others just went away because we run bill? A motion to proceed to some- act on and not expect 100 Senators to out of time to do those kinds of things. thing—that has taken over the Senate all agree on every piece of legislation As indicated by the Republican lead- and it needs to go away. We should not from the outset. er, we passed five things. That is about have to do that anymore. Passing bills is inevitably difficult one-third of the motions I have had to Mr. MCCONNELL. Madam President, but not impossible. That has been dem- file to invoke cloture on motions to the final thing I would say is just last onstrated on at least five occasions proceed, not on basic legislation. week the chairman of the Appropria- when the majority leader allowed the Mr. MCCONNELL. Just one final tions Committee, Senator INOUYE, said committees to function, allowed the point on that. The reason it has been his committee has been working hard Senate floor to function, allowed Mem- difficult to get on bills is we cannot to have the bills ready to go. To date, bers to have amendments, and we got a have an agreement with the majority the panel has cleared 9 of 12 annual result. leader to let us have amendments once bills. Senator INOUYE is quoted, on July Mr. REID. Madam President, in one we do get on the bill. So the reaction 10, just last week, ‘‘After putting us all committee, the Energy and Water on this side is, if the majority leader is to work like this I expect some of these Committee led by Senator BINGAMAN— not going to let us have amendments, bills to pass.’’ that committee alone has had hundreds if the only result of invoking cloture I recommend that my good friend the of pieces of legislation held up. It can’t on a motion to proceed is that he fills majority leader heed the advice of the get out of the committee. I am sorry it the tree and doesn’t allow us to offer chairman of the Appropriations Com- is an unusual thing to have Ornstein any amendments, why would we want mittee of his party, let’s pass some ap- and Mann referred to as liberals, but to do that? All this is much more eas- propriations bills. whatever they are, working for the ily avoided than you think. Mr. REID. I do not have a better conservative American Enterprise In- The majority leader is basically try- friend in this body than the chairman stitute, one of them at least—it is very ing to convince the American people it of the Appropriations Committee. I clear they view this body as being in is somebody else’s fault that the Sen- have been one of his big fans. He has deep trouble because of the Repub- ate is not doing the basic work of gov- been one of my big fans. He, of course, licans being dysfunctional themselves. ernment. Regardless of the blame is a national hero, a Medal of Honor I think it is very clear we have a sit- game, the results are apparent: no winner, and great chairman of the Ap- uation—I understand there is a Presi- budget, no appropriations bills, no De- propriations Committee. We work hand dential election going on. I clearly un- fense authorization. We are not doing in glove. Everything I have said about derstand that. I know there are efforts the basic work of government and that the appropriations process will be un- to protect their nominee. We do what ought to stop. It is within the purview derscored, will be and has been, by Sen- we can to protect the President of the of the majority leader to determine ator INOUYE. He supports what we are United States. But that should not pre- what bill we try to turn to, and just be- unable to do. He realizes that. He real- vent us from legislating. cause it may be occasionally difficult izes his counterpart in the House has For my friend, who has been on the to get to a bill, particularly when the fumbled with the numbers and it Appropriations Committee as long as I majority leader will not say we can makes it extremely difficult to get have, to talk about why aren’t we have amendments, is no good excuse things done. We understand that. doing appropriations bills—it is obvi- for not trying. We spend days sitting But the main problem is we cannot ous. We have 12 or 13 appropriations around when we could be processing get legislation on the floor because the bills. We have simply not been able to amendments and working on bills. All No. 1 issue we have talked about in the get to the appropriations bills—— we would need is an indication from Senate this entire Congress is how to Mr. MCCONNELL. Have you tried the majority leader that these bills are get on a bill, and that is why the mo- calling up any of them? going to be open for amendment. We tion to proceed must go away. Mr. REID. Mr. President, I don’t tried that a few times and it worked Mr. MCCONNELL. A good example of think it calls for my being interrupted. quite well. It is amazing how the Sen- the problem is the bill we are on right I have listened patiently to all his ate can function when Members are al- now. The Stabenow bill bypassed the name calling and I do not intend to do lowed to participate, offer amend- committee entirely. It was introduced that. But I do say this. I have tried to ments, get votes, and move forward. I a week ago and placed on the calendar. call up lots of things—lots of things, by recommend we try that more often. This is not the way legislation is nor- consent or by filing motions, and vir- Mr. REID. Madam President, we are mally done. It is crafted in somebody’s tually everything has been held up. where we are. I think it is very clear office. Rule XIV is brought up by the The bills he is talking about, to stand from outside sources—take, for exam- majority leader. I expect it has some- here and boast about passing five ple, I repeat what Caro said, writing thing to do with the campaign. We pieces of legislation in an entire Con- the definitive work of Lyndon Johnson, spent a week on it when we could have

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11492 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 done the DOD authorization bill. Chair- We are here dealing with outsourcing just the building of the towers, the man INOUYE says: Where are the appro- because that is what we should be blades, and the cells, but there are priations bills? doing. maintenance needs. They have support That is my point. RESERVATION OF LEADERSHIP TIME sectors and a supply chain that results What are we doing here? Is the Sen- The ACTING PRESIDENT pro tem- in the manufacturing of some 8,000 ate a messaging machine or are we pore. Under the previous order, the parts. doing the basic work of government? leadership time is reserved. Under the In Ohio, 6,000 jobs are tied to the We are not doing the basic work of gov- previous order, the following hour will wind energy industry, and that is 50 ernment, but we can change. There are be equally divided and controlled be- different companies that have created a vast majority of Senators of both tween the two leaders or their des- those jobs. Here is an area that is of parties who would like to become rel- ignees, with the majority controlling real interest as well: $2.5 million in evant, who would like to participate in the first half and the Republicans con- property tax payments result to local the legislative process, and who would trolling the final half. governments. That is money that helps like to do the basic work of governing. WIND PRODUCTION TAX CREDIT fund schools, roads, and other basic Mr. REID. Madam President, one of Mr. UDALL of Colorado. Madam services. the most important issues facing President, I am here on the Senate It is important to focus too on the America today is jobs being shipped floor urging my colleagues in both par- people to whom we are alluding. I want overseas. Whether it is Olympic uni- ties to extend the production tax credit to focus on one of the 6,000 employed forms being made in China when they for wind as soon as possible. I listened Ohioans who has been a beneficiary of could be made by Hickey Freeman in with great interest to the discussion the tangible effect of wind PTC, and New York and made here in America, the majority leader and the Republican that is Jeff Grabner. He is a wind prod- uct sales manager for Cardinal Fas- outsourcing is an important piece of leader just had, and as the majority teners in Cleveland, OH. He was origi- America that we now have to deal leader just said, to focus—as it should nally born in Ohio, but he left Ohio. He with. And, of course, we have the addi- be—on jobs and the economy. This is a returned to Ohio when the wind indus- tional problem that Governor Romney way in which we can enhance job cre- try started looking for talented people has made a fortune shipping jobs over- ation and make sure our economy con- in the State, and he has been working seas. tinues to grow; that is, by extending now for almost 6 years in the wind in- The American people care about this the production tax credit. issue. We can sit here and point fingers This tax credit is also critical to the dustry. Cardinal’s Cleveland facility employs and say: Boy, that is terrible. We are maintenance of our economic leader- almost 55 people. It has been in oper- now going to have to deal with out- ship when it comes to clean energy sourcing. We should deal with out- ation for 30 years. Cardinal used to sup- technologies. Every day I have come to ply the construction industry, but the sourcing. We should have done it be- the floor of the Senate to talk about a fore, but we have had a problem get- demand fell off in recent years. Now different State and the efforts that are this growth in the wind industry pre- ting legislation on the Senate floor. So underway in those States. I look for- sented them with an entirely new mar- I don’t apologize to anyone for having ward to talking about the Presiding Of- ket. The factory is retooled and now the debate on outsourcing. Senator ficer’s State at some point in the fu- supplies fasteners, which is the STABENOW has done a wonderful job on ture. Today I want to talk about the superglue that holds a wind turbine to- that. We couldn’t have a better Sen- Buckeye State, Ohio. gether. In fact, thousands of fasteners ator to deal with outsourcing than her. Many families and businesses in Col- were used in every wind turbine to Because of what we did in the stimulus orado and across our country are still keep them standing and operating se- bill, the American Recovery Act di- struggling in this economic downturn curely. rected jobs back to Michigan, Detroit, even though we have seen some signs of I don’t think I have to say that Jeff and other places. With what we did improvement. This is especially true in loves his job at Cardinal, and because with batteries, billions of dollars were Ohio. Over the last couple of decades, of it he is able to provide for his own saved. Instead of importing batteries, Ohio has been plagued by outsourcing growing family. In fact, he and his wife we are making most of them in Amer- and layoffs, which is one of the things are about to celebrate their 1-year wed- ica. we want to prevent by way of Senator ding anniversary this week. All of that Governor Romney wanted to just let STABENOW’s bill. Those layoffs and out- could change if we don’t extend the General Motors and Chrysler go bank- sourcing have cost Ohioans thousands wind production tax credit. rupt. We didn’t do that, and as a result, of jobs. It looked as though we literally Orders for wind turbines are down 98 that created almost 200,000 jobs in the devastated the manufacturing base of percent from last year in large part be- automobile industry alone. Outsourc- one of the world’s best manufacturing cause of the uncertainty tied to the ing is important, and it is a debate we bases in the State of Ohio. But in re- market. Without new orders, Cardinal are going to have. cent years the wind industry has and other manufacturers like it may be Let me remind the Republican leader helped turn that around. forced to shut down and let people like it wasn’t Democrats who threatened to We can see on the map of Ohio that Jeff go. shut down government last year and these green circles show all of the ac- That is why I am back on the Senate took most all the time we had. First, it tivity tied to the wind industry in floor today urging my colleagues to was the debt ceiling, and then after we Ohio. That renewal, if you will, is tied pass the wind production tax credit got through the debt ceiling, then they to Ohio’s long history as a manufac- now. The PTC equals jobs. We should weren’t going to allow us to do any- turing powerhouse. There are dozens of pass it and extend it as soon as pos- thing for getting funding to take us manufacturing facilities that have re- sible. It is a commonsense bipartisan through the end of the fiscal year. tooled to build wind turbines across measure. It has strong support across It was the Republican Party last year Ohio, while in the process employing our country. Not only has it shown that threatened to default the debt we thousands of hard-working middle- that we can turn around manufac- have as a country. Now they are hold- class Americans. We can see that those turing in States like Ohio, but it has ing up tax cuts for 98 percent of the manufacturing skills easily transfer to shown us that we can outcompete American people in an effort to satisfy the wind industry. PTC has been key to China and other countries. If we want this mysterious man I have never met, this and has created those incentives to continue to lead and then win the but he must be a dandy. He has gotten that allowed the manufacturing his- global economic race—and, specifi- every Republican, with rare exception, tory of Ohio to take center stage. cally, the clean energy race—it is now to sign a pledge that they are not going I wanted to specifically talk about time for us to listen to the people of to deal with the 98 percent because what is happening in Ohio. When we Ohio and Utah and South Carolina and they have to protect the 2 percent. think about the wind industry, it is not New York.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11493 This shouldn’t be a partisan issue. I have an idea that I talk about all States. We still produce more in dollar This is an issue on which Americans the time at home in Delaware; that is, value in manufacturing than any coun- expect us to work together. We must we need to get back to ‘‘Made in Amer- try on Earth, but there has been a pass an extension of the production tax ica’’ and ‘‘Manufactured in Delaware.’’ downward slope in the number of jobs credit as soon as possible. That means something to us. Back in and in the sense of energy and invest- As I close, I want everybody to know 1985 when I was just finishing school, ment and focus in our policy and in our I will be back on the Senate floor to- transportation equipment manufac- priorities in manufacturing for years. morrow to talk about wind production turing—which is the fancy way of say- I think we can become a great manu- in another State, and I will keep push- ing making cars and all the stuff that facturing Nation again and our middle ing for this commonsense policy. Let’s goes in them—employed 10,000 people class can be stronger than ever, but we pass this as soon as possible. in Delaware. Today it is well below have to make smarter choices. We have I yield the floor. one-tenth of that. to make smarter choices in our Tax The ACTING PRESIDENT pro tem- Made in America and manufactured Code. We have to look at our Tax Code pore. The Senator from Delaware. in Delaware has to mean something for with an eye toward fairness and invest- Mr. COONS. Madam President, I ap- our families, for our communities, and ment for the future and not just short- preciate the opportunity to speak for our future. Delaware was once a term profitability. We need common today. I am following the Senator from great and strong manufacturing State, sense and we need, in my view, to sup- the State of Colorado. My topic is also as America was once the greatest man- port companies that are creating jobs about manufacturing jobs in the ufacturing Nation on Earth. Some be- here, and we need to cut our support United States. I thank the Senator lieve those days are behind us, but I do for companies that instead want to cre- from Colorado for coming to the Sen- not. ate jobs in China, in India, in Vietnam, ate floor every day and reminding us of I know my colleague, Senator DEBBIE in Thailand, by exporting jobs from the the importance of the consequences of STABENOW from Michigan, the lead United States. the choices we make, whether it is the sponsor of the bill we are debating, the As our economy pulls back out of tax policy choice of failing to extend Bringing Jobs Home Act, also does not what has been a devastating recession, the production tax credit and the con- believe our future as a world-class, I can think of no more galling idea sequences for high-quality manufac- world-leading manufacturer is behind than this country incentivizing Amer- turing jobs in the wind industry or the us. I know the people of Michigan, the ican companies to ship some of our consequences for manufacturing all best jobs overseas. Yet, as the Pre- people of New York, and the people of across our country, including the great siding Officer knows, our current Tax Delaware do not. State of New York, the State of Colo- I had the great opportunity this Code allows businesses to deduct the rado, or the State of Delaware. morning to visit with two leaders of cost of moving expenses, including per- What we are on the Senate floor talk- mits and license fees, lease brokerage ing about is the Bring Jobs Home Act, Delaware-based manufacturers whom I just wanted to lift up for a moment as fees, equipment installation costs, and which is just one of the many impor- certain other expenses. A company can we talk about the Bring Jobs Home tant ways we can and should be fight- take this deduction if they are moving Act. Marty Miller, the CEO of Miller ing for high-quality manufacturing from Bridgeville, DE, to Birmingham, Metal in Bridgeville, DE, has had a lit- jobs in our home States and across our AL, but it also turns out they can take tle heralded program known as the country. it if they are moving to Bridgeville manufacturing extension partnership It was a very dark day when the from Bangalore or Beijing. Can any of that helps small manufacturers Chrysler plant in Newark, DE, where I us think of a worse way to spend tax streamline their production processes, am from, shut its doors. It was built in dollars? This is a loophole so big we reduce waste and inefficiency, do their the early 1950s first as a tank plant and could drive a car through it, right out ordering and throughput far more ef- then converted to an auto plant. This of the shuttered manufacturing plants was a manufacturing facility that had fectively, and compete head-to-head of Delaware. sustained whole communities over sev- around the world successfully. This Fixing the injustice of our Tax Code eral generations with high-quality, manufacturing extension partnership is the first half of the Bring Jobs Home highly-skilled, and highly paid manu- has allowed Marty’s company to grow Act. We say: We are not going to pay facturing jobs. In December of 2008, by 25 jobs in just the last year and to anymore for companies that send U.S. they closed their doors for the very compete head to head with Chinese jobs overseas. We have better ways to last time, and that plant has now been metal fabricating plants in the global invest our tax dollars in rebuilding the torn down to the ground. It is an empty market, and win. base of manufacturing and the high- hole in the heart of the city of Newark. ILC Dover has been known to Dela- quality, high-paying jobs that come We thought it couldn’t have gotten wareans for its storied history in our from them. any worse than the day that those space program. They made all the The second thing this bill does is in- thousands of workers filed out of the spacesuits for NASA. But they have stead of incentivizing the outsourcing plant for the very last time, but it did also made blimps that have hovered of American jobs, we incentivize just a few short months later when the over Iraq and Afghanistan and pro- insourcing. We say: Bring these jobs General Motors plant—a few miles tected our troops with downward-look- home. The Bring Jobs Home Act says a away in Boxwood—shuttered its doors. ing radar and real-time information, company can keep the deduction to In just a year Delaware went from and they make the escape hoods and help pay moving costs if they are mov- having two high-performing, high-qual- the masks that actually are positioned ing from one facility in the United ity auto plants to none. We lost nearly around the periphery of this Chamber States to another. That is fine. They 3,000 middle-class manufacturing jobs, and throughout this building and at can still use the moving cost deduction and this was followed by a whole con- the Pentagon. They have made remark- if they are moving from a facility stellation of other plant closings from able high quality soft goods for decades abroad back to the United States. That Avon, which lost hundreds of jobs to and they too have a promising future is better. But this bill takes a further dozens of smaller manufacturers that and the opportunity to grow even in step. We say: If companies bring jobs had supported these auto plants for this recovery because they too are fo- home to the United States, we will give decades. cused on things made in America and them an additional 20-percent tax cred- I know 3,000 jobs may not sound like manufactured in Delaware. it on the costs associated with moving a lot in the wreckage of the recession These two companies, these two men, that production back to the United of 2008 to this whole country, but for the organizations they lead, are, in my States. Delawareans, for our small State, and view, just an introduction to what can The message of this bill is straight- for all the families who were supported and should be a renaissance, a recov- forward: If you are an American com- for so long, it was huge. ery, of manufacturing in the United pany and you have manufacturing jobs

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11494 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 or service jobs that could be done by our manufacturers, and change things 3 years and the law already requires Americans, we want you to bring those in our Tax Code, in our trade policy, in that. The law already requires a sig- jobs home, and we are going to help our intellectual property policy, to nificant disclosure on the part of the you do it. make it possible to not just invent Senate, and that is disclosing how we For my small State, I want to keep things here and make them elsewhere are going to spend the money. The Sen- saying every chance I get that what we but to invent them here and make ate of the United States, for the first want is made in America and manufac- them here. time in the history of the Budget Con- tured in Delaware. Lord knows we have I hope this body will proceed to vote trol Act, 3 years ago—the second time the workforce. There is an army of tal- in favor of the Bring Jobs Home Act so 2 years ago and the third time this ented Delawareans, of Americans, that for every one of our home States year—has decided we are not going to ready to go. Ford knows it; Caterpillar we can make this phrase true—that we obey the law. One of the leaders was knows it; GE knows it. As we have want things made in America and man- asked: Why aren’t you having a budg- heard from Senator STABENOW, that is ufactured in our home States. et? He said: Well, we would be politi- why they have brought jobs home. I thank the Chair. cally foolish to say what we are for. They are opening new plants in the ORDER OF PROCEDURE What kind of responsible position is United States and putting Americans Madam President, before I yield the that? The other way we could disclose back to work. floor, I ask unanimous consent that things is we could have the appropria- There is a company in Newark, DE, the remainder of the majority’s time tions bills on the floor. The House has called FMC BioPolymer. They make be reserved for use following the Re- a budget. The House has passed half of specialty chemicals. They have run a publicans’ 30 minutes of controlled the appropriations bills already. We factory in Newark, DE, for 50 years—in time. haven’t had a single bill on the floor, fact, exactly 50 years this year. They The ACTING PRESIDENT pro tem- and the majority leader announced last make a type of cellulose we find in ev- pore. Without objection, it is so or- week that we wouldn’t have an appro- eryday products such as foods, pharma- dered. priations bill on the floor before the ceuticals, cosmetics, and cleaning The Senator from Missouri. election. Why is it we don’t want to products. They had outsourced some of Mr. BLUNT. Madam President, I ask say before the election what we are their manufacturing to China to save unanimous consent to enter into a col- for? Why is it we don’t want to say be- costs. But as we can imagine, when a loquy with some of my colleagues on fore the election how we are going to company is working with these sorts of the minority side for 30 minutes. spend the people’s money? Why is it we advanced products that go into con- The ACTING PRESIDENT pro tem- don’t want to say before the election sumer products, safety is key. So for pore. Without objection, it is so or- what the budget would be? Even before performance and engineering and intel- dered. the last election, the Senate wouldn’t lectual property and safety reasons, Mr. BLUNT. I will yield to Mr. say what the budget would be, so we they brought some of their most crit- WICKER who I believe has a unanimous don’t have one. ical jobs home. They employ more than consent request as well. When we don’t have a plan, we plan 100 people and contribute more than $20 The ACTING PRESIDENT pro tem- to fail. Clearly, the economy is doing million to our local economy every pore. The Senator from Mississippi. exactly that. Statistic after statistic is year, and it is an important part of our Mr. WICKER. I thank my friend. not what the American people would Mr. BLUNT. Madam President, we economy. So to FMC BioPolymer, I say want them to be. Housing prices are thank you for bringing jobs home and have heard our colleagues talking down. Unemployment is up. The labor strengthening made in America, manu- about jobs. Clearly, that needs to be group of people who want to be in the factured in Delaware. the No. 1 priority in the country today, economy is at a 30-year low. If we had If big companies and small compa- and it needs to be domestic jobs. the same number of people looking for nies are figuring this out, when will The private sector is not doing just jobs who were looking for jobs and had the Federal Government, when will fine. The answer to the problems we jobs in January of 2009, the unemploy- this Congress figure it out as well? face is not more government jobs, it is ment rate would be over 11 percent. The best thing we can do for our more private sector jobs, and the num- The only reason the unemployment is economy—for millions of talented bers aren’t good anywhere we look, any 8.2 percent is because so many people Americans looking for work, from our way we look. In fact, if we look at the have given up on the economy. Nobody returning veterans to those who have last 3 months in the country, more peo- thinks we have fewer working-aged searched so hard for work for the last 2 ple signed up for disability than new people than we had when Ronald or 3 years, is to invest in them. We can jobs were created. More people signed Reagan was President, but the labor pass the Bring Jobs Home Act as a up for disability than new jobs were force we are counting is smaller than smart choice to invest in American created. More people decided they were at any time since Ronald Reagan was workers and their communities, to in- going to opt out of the workforce be- President. vest in their education, in their schools cause of disability reasons than people There must be some big problem or and in their teachers, to invest in our who got jobs. people would be out looking for jobs. infrastructure and our roads and our We are here talking about things People would be out finding jobs. Peo- power grid, to make smarter choices as that have minimal impact on the econ- ple would want to be part of an econ- a country and a Congress. There is no omy when we could be talking about omy that they see as faltering. We are better investment I can think of than things that have lots of impact on the talking about little things instead of to make this phrase real, to return to economy: good energy policy, good tax big things while the big things that af- Made in America and manufactured in policy, good regulatory policy. As long fect America are dramatically affect- the States of every one of the Senators as this uncertainty continues or as ing American families and American of this great body. long as there is substantial certainty job creators. This is common sense. But, alas, in that all of those things are going to The President is telling small busi- the Senate, common sense these days begin to work against job creators, nesses that if their business was suc- rarely seems to win the day. I hope people aren’t going to create jobs. cessful, it wasn’t because of them; it those watching and I hope those whom This week we voted twice on some- was because of all kinds of other fac- we represent take this seriously and thing called the DISCLOSE Act that tors that they happened to take advan- recognize that the most important had absolutely no chance of becoming tage of. No small businessperson in question before us is what are we going law this year and everybody on this America believes that. Nobody who to do to take the fight in the global floor knew it. What we ought to be dis- ever opened the door to a business on economy, on behalf of our families, on closing is what our budget would look the first day and put their phone num- behalf of our communities, on behalf of like. The Senate hasn’t had a budget in ber in the phone book the first day and

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11495 said, ‘‘Call me; I can provide these our country during their entire stew- I rise to talk about something I know services for you,’’ thinks they weren’t ardship. something about, which sometimes in successful because of their work. The Senator from Missouri men- the Senate we do not do very often. I I wish to turn to my friend, the Sen- tioned it has been 8 percent or higher, ran a small business for 22 years. I ator from Mississippi, Mr. WICKER, to and the effective rate is 11 percent if worked in a small business for 33 years. speak on these issues as well. There are everybody who had left the job force Quite frankly, I think I understand so many things we could be talking came back trying to get a job. Actu- small business as well as anyone who about today, but clearly jobs and the ally, the unemployment rate in the Af- has done it. economy are critical to American fam- rican-American community is 15 per- I was astounded, disappointed, and ilies. cent—an astounding and shameful fig- perplexed with the President’s state- Mr. WICKER. Absolutely. I thank my ure. ment last week that small business did friend for leading us in this colloquy. The Obama stimulus program failed. not owe its success to itself, but it We ought to be talking about jobs and It cost us over $800 billion, and we are owed it to government, because it is the economy. We ought to be bringing going to have to pay that back some- the other way around. We would not legislation to the floor and giving our how, but it failed. The unemployment exist as a Senate were it not for the side an opportunity to offer sugges- rate for 40 straight months remains taxpayers of the United States of tions and hearing if the majority party above 8 percent. Dodd-Frank failed. America. They send us our cashflow, in this Senate has something to offer The Affordable Care Act not only has they send us the money we invest to other than the 31⁄2 years of failed poli- made health care less affordable and build the roads and bridges and high- cies. less available, but it has failed to stim- ways. So it is an affront to those who Their intentions are absolutely hon- ulate any jobs. have risked capital, as Senator WICKER orable. Everyone wants to create jobs. Then yesterday, as a member of the said, those who have taken chances, Everyone wants the unemployment Banking Committee, I heard testi- and those who have succeeded and rate to go down. But I think any fair mony, and this country heard testi- those who have failed to build small observer would have to conclude that mony, from the Chairman of the Fed- businesses, to employ the American after 31⁄2 years, the policies of the ma- eral Reserve. Basically, he said he has people, to make this great engine of jority party in this body, the policies lowered the economic expectations. He America work. of the Obama administration, have and the rest of the Federal Reserve But I want to just go down a litany been an utter failure—forty consecu- now say the economy is going to get for a second of what small business tive months of unemployment over 8 worse than they expected in January of does to make us exist as a Congress percent. The latest numbers were 8.2 this year, and the unemployment rate and as a government. Every January percent. The last time we had a com- will be above 7 percent in his esti- 15, April 15, June 15, and September 15 parable sustained period of joblessness mation, even at the end of calendar businesses pay their quarterly estimate was World War II. It is absolutely un- year 2014. That would be 6 straight on their taxes. So do independent con- believable that the policies of our years, under these current policies— tractors. Employees pay it every Democratic friends have been so unsuc- unless we change our approach to job month in withholdings. The cashflow of cessful and such a failure. creation—that would be 6 straight the United States is not owed to the To put that in context, in September years of unemployment higher than it government; it is owed to the Amer- of 2008, we had a severe crisis because ever was during the first 7 years even ican people by the contributions they of the subprime loans, because of the of the Bush administration. make. excesses of Fannie Mae and Freddie We have some ideas about how to Social Security. Every beneficiary of Mac, which a lot of us who have been in turn that around: an American-made Social Security for their entire life the Congress for some time have tried energy policy; ending this regime of paid 6.2 percent of their income, and to rein in. Because of that subprime overregulation, which is just such a their employer matched it with an- crisis, unemployment went through the wet blanket on job creation; and end- other 6.2 percent, up to $102,500 in in- roof, the economy crashed. ing the situation we have now of the come. The other crisis we had earlier than tax burden on job creators. The tax Medicare. With no cap whatsoever, that, of course, was September 11, 2001, burden on American risk takers is now 1.35 percent of your income from day when the terrorists attacked the very higher than on any of our allies in the one to the day you die goes to the heartland and soul of the United States industrialized world. We hit job cre- Medicare trust fund. of America—the Twin Towers, the Pen- ators and risk takers and the people we Talking about medicine for a second, tagon. In 2001 we had a spike in unem- want to help us with this 8.2-percent many small businesses—19 percent of ployment and our economy went in the unemployment rate. We hit them hard- American jobs are in health care now. tank. er than they do in any other country in They now have device taxes. If a small Between that time, though, I think the industrialized world. business is building an implant for den- Americans should realize we did not So we have some ideas. We would like tal work or something for some kind of have exactly everything we wanted in an honest-to-goodness jobs bill, and we a heart treatment or something like terms of job growth, but unemploy- would like the majority leader to give that, they have an extra tax because of ment between 2002 and the middle of us a vote on some amendments. Do not the affordable health care bill. For 2007 actually averaged between 4.5 per- just call up a bill, fill up the tree, offer those who pay dividends or pay out in- cent unemployment and 6 percent un- every amendment you could possibly vestment income to their investors, employment. We were not happy with offer on the Democratic side, file clo- they have a new surtax to help pay for that then, but wouldn’t we love to have ture, and call that a filibuster. We need the Affordable Care Act. Then we have that level of unemployment now rather to go back to regular order in this Sen- our ordinary income tax that we all than the 8.2 percent and the over 8 per- ate and let’s offer some ideas. Let’s pay on April 15. For our highways, cent we have sustained for 40 straight have a debate again on this Senate when we fill up our tanks with gas, we months. floor about some ideas we have about pay the motor fuel tax to build our As a matter of fact, Americans need job creation. highways. And for our airports, we pay to remember this does not have to be So I am glad to join my colleagues. I the passenger facility charge that goes the case, the 8.2 percent. As late as Oc- see my friend from Georgia in the to the government to reinvest in our tober 2007, the unemployment rate in Chamber, and I know he has been very infrastructure. this country was 4.4 percent. We can do thoughtful about this issue. So it sounds to me as if it is us who that again, but we will not do it again Mr. ISAKSON. Madam President, I owe small business, not small business with the failed policies the President thank the distinguished Senator from that owes us. I think if we began acting and his party have been imposing on Mississippi. like people who understood from

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In fact, it has been spending week or two that would permanently there is one simple reason. We are a na- more than it takes in for so long people keep tax rates at their current levels tion of uncertainty. Nobody knows almost cannot remember a time when so American families and businesses what the boundaries are going to be or Congress routinely balanced its budget. can know what to expect. It would also what the policy is going to be on Janu- This is a problem, and it is a problem eliminate the death tax, and it would ary 1. that should not be fixed by taxing the stop the expansion of the alternative Let me close with one example. On same people who are already paying minimum tax, which is quickly becom- January 1, the estate tax goes back this bill even more. This is not the ing the middle-income penalty tax. from a $5 million unified credit and ex- fault of the American people, and the These measures and others would go emption and 35-percent rate to a $1 job of fixing it lies right here in Con- a long way—a long way—toward im- million unified credit and a 55-percent gress—not with the American people. proving our economy and getting the rate. Do you know what that is going Second, from the CBO to the IMF to American people back to work again. If to do? That is going to close thousands the Federal Reserve to Ernst & Young, my friends on the other side of the of small businesses eventually around experts around the world are warning aisle disagree, as is their right to do, America because when a small business of the dire economic consequences that then let’s come together and work to is owned by a family—a family farm in await us if we raise taxes. We cannot find some common ground. These elec- Mississippi or Georgia—when the allow it to happen. We have had over $4 tion-year antics and distractions are owner of that farm dies, and they go to trillion added to the national debt dur- not what the American people sent us pass their assets on to their heirs, after ing this President’s administration. At here to do, and the longer we wait be- that $1 million deduction, they owe a the same time, we have had unemploy- fore enacting real reform, the worse 55-percent tax on the rest. Most of ment exceeding 8 percent for the last 41 the problem is going to get. their value is in real estate and land, consecutive months. Nearly 13 million I would now like to turn the time which is depressed. They are forced to Americans are currently out of work, over to my friend, the junior Senator liquidate land at suppressed prices to and millions more are underemployed from Missouri, who has fought long and pay an income tax within 9 months of and looking for more work. We cannot hard on these issues, who will wrap this death. That is wrong and that should allow this to continue. up for us. Mr. BLUNT. I thank the Senator. not happen. But if—as Senator MURRAY I would add here that there is a cer- Madam President, how much time do said yesterday or the day before—we tain irony in the President’s proposal we have? to increase taxes on some Americans allow every tax treatment we have The ACTING PRESIDENT pro tem- while leaving the necessary tax relief today to go back to the 2001 rates, pore. There is 8 minutes 43 seconds re- small businesses in America will be hit in place for others. While purporting to maining. again with a tax that will force them help hard-working Americans, this ap- Mr. BLUNT. How much? to close or to liquidate. proach would actually have the oppo- The ACTING PRESIDENT pro tem- It is time we understood from whence site effect, hurting most—many of pore. There is 8 minutes 40 seconds re- we get our strength. It is the American those Americans who can least afford maining. taxpayers. As we consider them and the hit right now. Mr. BLUNT. Well, I am pleased to their investment in small business, we A new study from Ernst & Young re- have the time on the floor today to will make better decisions, we will act veals that this tax hike—the tax hike talk about these issues: the attack on faster, and America will be better, and that hits some Americans but not oth- small business, and the idea that the America will be stronger. ers—would kill 710,000 jobs. These are private sector is doing fine, that we I see the Senator from Utah is on the people who cannot afford to lose their just need more government jobs. I just Senate floor. I would like to turn to jobs. These are people who are living do not find anybody in America who him. paycheck to paycheck. These are not believes that is the reality of the world Mr. LEE. I thank the Senator very CEOs. These are not the top 1 percent. we live in today. much. These are hard-working Americans who The reluctance of the Senate to take Madam President, on Monday we cannot afford to lose a job. We cannot votes—Mr. WICKER, who has served in heard from Democrats who insist that let a tax hike bring about that kind of the House of Representatives with Mr. Congress must now raise taxes on the terrible consequence. ISAKSON and I, said we should have American people. In fact, they are so Democrats will assure you that their amendments; we should take votes; we committed to this task that they are tax hikes are all about reducing the should say what we are for; and we willing to take the country off the fis- deficit. That is curious because their should not wait until after the election cal cliff in order to get their way. This proposal would leave 94 percent of this to say what we are for. is unfortunate. It is unnecessary, and year’s deficit intact, which makes it an The reports that are out are con- it is a course of action we cannot pur- inherently unserious proposal insofar sistent with the President’s view in sue. as it relates to deficit reduction. 2010 when he said we should not do any- Mind you, they are not trying to pur- Further, the President’s own 10-year thing to change tax policy because the sue comprehensive tax reform. No. budget, which includes massive tax in- economy was struggling. By any meas- They are not trying to fix this Byzan- creases, by the way, still adds $11 tril- ure of the economy, it is struggling tine-era Tax Code which occupies tens lion to the national debt. more now than it was in 2010. Growth of thousands of pages. What they are I really do appreciate the fact that in the economy is about half what it doing instead is just to raise taxes the President is finally talking about was when the President said: With this right now so they can get their way these issues—issues that have long kind of economy, we should not raise right now, so they can cover the short- gone unaddressed and need to be ad- taxes. So he agreed to extend the cur- fall that exists right now because of a dressed—but he cannot look the Amer- rent tax policies for 2 more years. chronic failure by Congress over time ican people in the eyes and tell them But the minute we did that, we made to set and stick to spending priorities. he is doing something about the debt exactly the same mistake we had made Well, the vast majority of Repub- when his own budget, while raising the previous 2 years: We created a big licans are committed not to raise taxes, nearly doubles our already question mark out there for the Amer- taxes—not on anyone. There are some sprawling national debt over the next ican people as to what tax policies were very good reasons for it. 10 years. going to be.

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If we go back about not only today’s taxes but the this debate, which is that when people to the old 39 rate, then we add the likelihood that if the current majority talk about wanting to raise takes on President’s taxes in, we put an extraor- has its way and the President has his one group of Americans and not in- dinary tax on working families who, way, the current tax policies will dra- creasing them on another, that causes for whatever reason, decide they are matically go up. In fact, they are guar- problems. And we are concerned about not going to participate in the insur- anteed to go up from the current rate job creation. We are not concerned ance system. The mandate—the tax on even if we stayed at the current rate about any one particular group, we are that would fall heavily—50 percent of because of all of the health care taxes. concerned about Americans as a all of that tax comes from families of We would also say we want to go whole—most importantly, about those four who make less than $72,000. Be- back to a death tax that goes back al- who are most vulnerable, those who tween $24,000 and $72,000 for families of most to a $1 million exemption. If you can least afford to lose their jobs. four—we decided we are going to penal- are a small business or a family farm— The ACTING PRESIDENT pro tem- ize them with a tax if you voted for the many family farms, if you just cal- pore. The Senator’s time has expired. President’s health care plan. culate the value of your farm equip- Mr. LEE. I see our time has expired. What are we thinking here? Why are ment, you are suddenly at the edge of Mr. BLUNT. I thank the Chair. we ignoring all of the warnings? Last that number that sounds so big until I thank my colleagues for joining me. month the Congressional Budget Of- you realize you would have to sell the The ACTING PRESIDENT pro tem- fice, the nonpartisan Congressional farm to pay the taxes. If you have the pore. The Senator from Illinois. Budget Office, gave a rare warning that business that you are trying to pass Mr. DURBIN. Madam President, I ask if we let the defense sequestration go along, maybe to the very people who unanimous consent to speak as in into effect and return to the tax poli- stood by your side, your children and morning business. cies of 2000, we will be in a recession, grandchildren, who helped you grow The ACTING PRESIDENT pro tem- that we will see a 4-percent decline in that business—it is almost impossible pore. Without objection, it is so or- growth in an economy, as I said earlier, to evaluate who created that growth. dered. that has more people signing up for dis- But when you pass away, as the person FINANCIAL DISCLOSURE TO REDUCE TAX HAVEN ability than new jobs being created— who started the business, suddenly this ABUSE ACT OF 2012 already the case, and we want to take big tax obligation falls to your family. Mr. DURBIN. Madam President, another 4 percent out of that economy? Senator LEE’s proposal to eliminate there is an old adage that sunlight is The Ernst & Young report my friend the death tax would address that. the best disinfectant. The reason it is from Utah mentioned said that if we The proposal that we are for on this an old adage is it is true. That is why drive over this fiscal cliff one of the side to continue current tax policies as I introduced the Financial Disclosure Senate majority leaders said this week we look toward an effort to have tax to Reduce Tax Haven Abuse Act of 2012. at the Brookings Institute that the policies that make more sense—we I introduced this months ago. It would majority is prepared to drive over, that have the highest corporate rate in the require candidates for Federal office we would lose 700,000 jobs, we would world. We are seeing American compa- and certain Federal employees to dis- shrink the economy by 1.3 percent, we nies say: Well, we think we are going close any financial interests they or would reduce investment by 21⁄2 per- to incorporate in Great Britain. We are their spouses have in an offshore tax cent, and we would cut wages by 2 per- going to move our company, our head- haven. If the bill becomes law, individ- cent, and this is in a country in which quarters, who we are, to Great Britain uals who file financial disclosure re- middle-class incomes have already because they have better tax policies. ports would be required to list the dropped by $4,350 since the President Who would have ever thought Great identity, category of value, and loca- took office. Why would we be looking Britain would have better tax policies tion of any financial interest in a juris- for another time to cut wages? Why than the United States of America, but diction considered to be a tax haven by would we think this is a better time to it does today, as does every other Euro- the Secretary of the Treasury. The slow the economy than the end of 2010? pean country. We have managed to get Secretary would be required to provide Chairman Bernanke from the Federal at the top of the list. a list of those countries to filers and to Reserve was here yesterday and said In return for those lower tax rates consider for its inclusion on the list that we are being held back because and a system that works internation- any jurisdiction that has been publicly there is so much uncertainty. We are ally, let’s eliminate a lot of the com- identified by the Internal Revenue being held back because people are not plexity of this Tax Code. We are for Service as a secrecy jurisdiction. making the investments, they are not that. But let’s not increase taxes while The American people might be sur- taking the risks Senator WICKER we are having that debate. Let’s com- prised to know that we do not already talked about. mit ourselves to that debate and not ask whether candidates and Members I would like to go back to Senator increase taxes, not move forward with of Congress are sheltering their money LEE and talk a little more about his all of the new health care taxes and the offshore to avoid paying taxes in Amer- ideas on taxes. taxes that—apparently the majority ica. That is because under current law Whenever you do not reward risk, says: Well, we are prepared to raise those individuals—that would be can- people do not take risk. If they do not taxes on the middle class because then didates and Members of Congress—are take risk, they do not create oppor- they will put so much pressure on Re- not required to account for where their tunity for others. If we look at putting publicans in the Senate that we will financial interests are held. Candidates this tax on small businesses, if we are have to eliminate some of the current for Federal office, including President, putting this tax on people who other- tax policies that impact small busi- do not have to explicitly disclose their wise might take a chance with some of nesses and other individuals. holdings in tax havens. The bill, which their investments, we are just not Does the Senator want to talk a lit- I introduced months ago with Senator going to have the risk-reward system tle bit more about it? I think we have FRANKEN, would change that. work the way it needs to work. If you now a couple more minutes to think Today it seems that we have a tax don’t want people to take risks, don’t about how these tax policies really system with two sets of rules: one for reward risk. hold back opportunity for other people. those who are very wealthy and one for Government has traditionally taxed If you don’t reward risk, people don’t the rest of the people in America. The the things it wanted to discourage and take risks. If they do not take risks, wealthiest Americans are able to take

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I happen to have had the good for- leaders—why would anybody have a Without this bill, the American peo- tune of coming into politics being Swiss bank account? I asked Warren ple will not know whether a candidate schooled by two people who were my Buffet, who is one of the wealthiest has taken advantage of foreign tax ha- mentors and inspired me, Senator Paul men in America. I said: You have been vens to avoid paying his or her fair Douglas of Illinois and Senator Paul a successful businessman for decades. share. Offshore tax havens and other Simon, both of whom enjoyed positive Why would you have a Swiss bank ac- similar loopholes cost taxpayers in reputations after the end of their pub- count? He said: I don’t know. I have America $100 billion a year which oth- lic career for being honest people. One never had one. We have good banks in erwise would be paid by these Ameri- of the things Senator Douglas started America, so why would I go there? cans who are using these offshore tax doing—and Senator Simon followed— There are two reasons: One is to con- havens. was to make public disclosure of in- ceal their wealth and how they are Senator CARL LEVIN of Michigan may come and net worth. They did it long changing, moving the money around; be joining me shortly. I hope he can. before it was the law and always did it and second, if they happen to believe He has held an extensive set of inves- to a greater degree and greater detail the Swiss franc is a stronger currency, tigative hearings in the Permanent than was required by law. a better bet than the U.S. dollar. That Committee on Investigations on this I have followed that practice, and is it. There are no other reasons for an particular issue. No one has explored it sometimes it has been hard. I can re- American to have a Swiss bank ac- more than Senator LEVIN of Michigan. member coming out of law school and count. Yet people do. I think they I am hoping he can join me and share going to work for then-Lieutenant should disclose it, and then they should his findings. Governor Paul Simon in Springfield, stand ready to explain which of those The money that is invested in these IL. There I was, deep in student loan two explanations stands behind their offshore tax havens is money that debt with a beat-up old car, a wife and decision. could be invested in America. It could two babies, filing an income and net Senator CARL LEVIN has come to the be invested in America’s schools, worth disclosure. My first filing, be- floor. At this point, I will yield to him America’s roads, America’s Medical re- cause of my student loan debt, showed because he has done extensive inves- search, America’s jobs, and it could be me with a negative net worth. I took a tigation on the Senate Permanent Sub- paying down America’s deficit. Instead, little bit of ribbing as a result of that. committee on Investigations about that money is headed to Swiss bank ac- But I continued to do it every single these foreign tax havens. He and Sen- counts and holding companies in Ber- year I served on a public staff and ator CONRAD have probably told us muda and the Cayman Islands. every year I was a candidate or elected more about dollars lost and tax col- Senator LEVIN and Senator CONRAD, to office. lected and what is happening in some who will be joining me, have both done So there is a rich trove for anyone of these tax havens and shelters around extraordinary work to shine light on who is summarily bothered and wants the world. I yield to Senator LEVIN. these practices and what they mean to to spend some time, if they would like The ACTING PRESIDENT pro tem- the American economy. Those two Sen- to read what happens to a public offi- pore. The Senator from Michigan is ators, LEVIN and CONRAD, successfully cial over the span of a lifetime, when recognized. included a provision in the Senate they are in this business, in terms of Mr. LEVIN. Madam President, I Transportation bill that will give the their own personal wealth. There have thank the Senator from Illinois for his Treasury Department greater tools to been moments when the detail I have leadership in dealing with the offshore crack down on offshore tax haven provided in these disclosures has been tax haven problem. abuse. Unfortunately, that provision an invitation to the press; it makes This is not a new issue. It is not a was not included in the conference re- their life easier to take a look at new issue for me. In fact, my Perma- port, and so we have to continue to things that I and my family do. I can nent Subcommittee on Investigations fight to put an end to offshore tax recall when, regarding my daughter has been exploring the damage the se- haven abuse. Jennifer, I got a question from a re- crecy of offshore tax havens has caused The American people are rightly con- porter about what was her financial in- for the nearly two decades we have cerned that wealthy and well-con- terest in Taco Bell. It turned out her been looking at this issue trying to nected Americans are skirting our laws financial interest was as a person change the situation that exists, and it to avoid paying their taxes. They de- working at the Springfield Taco Bell is not a new issue for Senator DURBIN. serve to know that the people who hope making tacos. That was it. But because He has been on this issue a long time. to represent them in Washington are we go into detail, those things are open Indeed, when President Obama was a not cheating the system. for investigation and provide some Senator, he joined in an effort to bring Nothing in my bill impinges on any clarity about my financial cir- tax haven abuses to light. Then-Senator Obama, in 2007, was an individual’s right to hold financial in- cumstance. original cosponsor of the Stop Tax terests anywhere in the world. If there Paul Simon used to always say: When Haven Abuse Act, which I introduced is a legitimate reason for a candidate my career comes to an end, I want peo- with our Republican colleague Senator or a Member of Congress or any other ple to look at my record and say I Coleman, and he said the following: individual who files a financial disclo- never understood why he voted this sure to hold their money, let’s say, in way or that way, but he said I never There is no such thing as a free lunch— an account in the Cayman Islands, someone always has to pay. And when a want them to question my honesty in crooked business or a shameless individual they should not have any problem ex- making a political decision. That has does not pay its fair share, the burden gets plaining that to the voters. But any in- been my goal as well. shifted to others, usually to ordinary tax- dividual who has or wants to have the What I am suggesting is to expand payers and working Americans without ac- public trust should be honest about the the disclosure of Members of Congress cess to sophisticated tax preparers or cor- practices they have engaged in that, in and candidates for Federal office, such porate loopholes. fact, cost American taxpayers, whom as President of the United States, to It was a bipartisan bill aimed at pre- they may wish to represent, literally include foreign tax havens. I think it is venting the loss to taxpayers that re- billions of dollars every single year. an important element that people who sults from tax-avoidance schemes that

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use secret tax haven jurisdictions, such These tax havens have been a perva- Senator DURBIN’s bill would ensure as the Cayman Islands. sive problem for our Treasury and for that Americans know when their elect- Those words I quoted remain just as our economy and for our security. ed representatives and candidates for true today as they were in 2007. There We can stop them. When it comes to office are taking advantage of the off- is indeed no free lunch. In 2006, our tax avoidance, our Federal fiscal situa- shore tax havens. Permanent Subcommittee on Inves- tion demands we stop them. In the This is not about a political cam- tigations estimated that tax havens past, addressing offshore tax evasion paign; this is about years of effort to cost the Treasury in the neighborhood was not a partisan issue. In 2004, Con- make visible those who shortchange of $100 billion a year, and though we gress stopped companies from taking their fellow citizens by concealing have had some successes in the battle advantage of what was called invert- their finances abroad and to argue for against tax havens since then, tax ing. When a company inverts, it will reforms that make our tax system dodgers and avoiders have continued to shift its headquarters, on paper, to a more fair for the vast majority of hard- exploit every offshore loophole and tax low-tax or no-tax country. It is just on working Americans who pay what they haven they can find. paper, though. It was decided we were owe. This has significant consequences to not going to allow that game to be I yield the floor. the rest of us. Offshore tax evasion and played by American companies, and we The PRESIDING OFFICER. The Sen- avoidance takes money out of the stopped that practice. Since then, ator from Washington. hands of our military, takes money out every year I have worked with Senator (The remarks of Mrs. MURRAY are of programs that millions of Americans DURBIN and colleagues of both parties printed in today’s RECORD under rely on for good schools, roads, health to ensure that these inverted compa- ‘‘Morning Business.’’) care, protecting the environment or se- nies are prohibited from receiving gov- The ACTING PRESIDENT pro tem- curing our borders. When money is lost ernment contracts. If these tax dodgers pore. The Senator from South Caro- to these tax havens that belongs in our cannot see fit to pay their taxes, we lina. Treasury, it adds to our deficits and shouldn’t be giving them our tax dol- Mr. DEMINT. Madam President, I debt. Ultimately, the rest of us are lars. wish to thank the chairman for her forced to pay more on our tax bills to Much more needs to be done. We hard work, as well as the staff of the make up for those who shirk their tax- could pass the Stop Tax Haven Abuse committee, and Representative JEFF paying responsibilities. Act, which I have introduced again in MILLER and others who have worked on As I said, we spent years in my sub- this Congress, to address some of the this bill. I am very supportive of the committee exploring this problem. In worst offshore tax abuses and end the underlying bill, and I appreciate Sen- 2001, we heard testimony from the use of these tax havens that cost Amer- ator MURRAY’s willingness to consider former Cayman Islands banker who ican taxpayers. We could pass the CUT the modification to make sure the vet- said 100 percent of his clients were Loopholes Act, which Senator CONRAD erans who deserve these benefits get avoiding or evading taxes. In 2006, we and I introduced earlier this year, them and they are not taken advantage reported on some brothers from Texas, which includes a number of provisions of by the fraud of others who don’t de- who, over the course of 13 years, aimed at stopping offshore tax evasion serve them. stashed more than $700 million in off- and closing loopholes that allow com- I think the modification the Senator shore tax havens in a massive tax eva- panies to dodge their taxes. and I have talked about will solve that sion scheme. The Senate, earlier this year, passed problem, and hopefully we can get this When a company incorporates in the one important provision of the CUT bill agreed to this afternoon. Cayman Islands or another tax haven, Loopholes Act. This provision is known I yield the floor. The ACTING PRESIDENT pro tem- with a mail drop as their only physical as the special measures provision. This pore. The Senator from Washington. presence in that country, they most would have given the Justice Depart- Mrs. MURRAY. Madam President, I likely have one purpose: avoiding ment the same tools to combat tax wish to thank the Senator, and I sug- taxes. In 2006, we explored the history haven abuses they now have to combat gest the absence of a quorum. of the Ugland House, a small building money laundering. Unfortunately, the The ACTING PRESIDENT pro tem- in the Caymans that, remarkably, is House of Representatives succeeded in pore. The clerk will call the roll. listed as the headquarters for nearly stripping this commonsense provision The assistant legislative clerk pro- 20,000 different corporations. In 2005, we from the surface transportation bill to ceeded to call the roll. showed how a Seattle securities firm which it was attached in the Senate. Mr. KOHL. Madam President, I ask called Quellos devised a scheme of That vote by the House allows the unanimous consent that the order for faked stock trades between two off- wealthy and powerful to continue dodg- the quorum call be rescinded. shore companies, creating phantom ing the taxes they owe, increasing the The ACTING PRESIDENT pro tem- stock losses used to avoid taxes on bil- tax burden on American families who pore. Without objection, it is so or- lions of dollars in income. In 2001 and abide by the law and by their tax obli- dered. 2002, we explored how Enron used off- gations. Mr. KOHL. Madam President, I am shore tax havens—dozens of them—as The bill Senator DURBIN offered is here today to talk about the state of part of its deceptive schemes. another way we can combat tax ha- manufacturing in this country, how we Just yesterday, in our subcommittee vens, and I thank him for this effort. can do better, and how we can create hearing on a global bank called HSBC Simply put, his legislation would bring more jobs here at home. and money laundering, we saw how the much needed daylight to the use of off- The Bring Jobs Home Act is a good secrecy of tax havens, such as the Cay- shore tax havens. It would require that bill that will help keep jobs in this mans, so often used to conceal income, officeholders and candidates for public country, and help businesses bring can also be used by criminal enter- office disclose their financial interests more jobs back here at home. It would prises to conceal and launder the pro- located in tax haven countries. Perhaps be especially good for manufacturing— ceeds of their crimes. HSBC’s Mexican there are some who believe individuals and manufacturing, as we all know, is affiliate had an office in the Caymans and corporations should be allowed to a critical part of our economy. with thousands of U.S. dollar accounts. continue concealing their income and A healthy manufacturing sector is The bank had no client information on their assets overseas, adding to the def- key to better jobs, rising productivity, 41 percent of those accounts, and inter- icit and forcing the rest of us to carry and higher standards of living. Every nal documents, our investigation dis- their own share of the burden and that individual and industry depends on covered, showed the bank was aware of tax dodgers as well. But surely we manufactured goods, and the produc- the accounts were being used by drug can all agree the American people de- tion of these goods creates the quality cartels and were subject to ‘‘massive serve to know when their public offi- jobs that keep so many Americans fam- misuse . . . by organized crime.’’ cials are using offshore tax havens. ilies healthy and strong. That is why

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11500 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 we need continued investment in the evitable. These critics point to high Recently, it has been alleged that Manufacturing Extension Partnership, wages and claim that those make us Huma Abedin, a Muslim American, is or MEP, as it is called. uncompetitive worldwide. I do not part of a nefarious conspiracy to harm Created in 1994, MEP is not just a agree. Look at Germany and Japan, the United States by unduly influ- Federal Government-funded program. two countries with high-wage struc- encing U.S. foreign policy at the De- MEP is unique in that it is funded al- tures, and yet both have a larger man- partment of State in favor of the Mus- most equally between the States, fees ufacturing sector as a portion of their lim Brotherhood and other Islamist paid by companies that use MEP, as economy than we do. So higher wages causes. On June 13, five Members of well as the Federal Government. Each are not why we trail Germany and Congress wrote to the Deputy Inspec- year, a bipartisan effort led by Senator Japan in manufacturing. We have tor General of the Department of State SNOWE, Senator LIEBERMAN, and myself failed to invest in manufacturing and demanding that he begin an investiga- has worked to secure funding for this employee training sufficiently to keep tion into the possibility that Huma important program. up with global competition—and that Abedin, and other American officials, MEP is the only public-private pro- is the problem. are using their influence to promote gram dedicated to providing technical We do have the tools and the pro- the cause of Muslim Brotherhood with- support and services to small and me- grams available to help grow our econ- in the U.S. government. The informa- dium-sized manufacturers, helping omy and bring jobs back to the United tion offered to support these serious al- them provide quality jobs for American States. Workers in Wisconsin and legations is based on a report, ‘‘The working people. MEP is a nationwide across the country stand ready to get Muslim Brotherhood in America,’’ network of proven resources that helps back to work. Programs such as MEP which is produced by the Center for Se- manufacturers compete nationally as help companies do the right thing for curity Policy. I wish to point out, I well as globally. Simply put, MEP both their country as well as their bot- have worked with the Center for Secu- helps manufacturers grow sales, in- tom line—because betting on the rity Policy. The head of it is a long- crease profits, and hire more workers. American worker is still the best in- time friend of mine. Still, this report is Throughout our country, day in and vestment in the world. scurrilous. day out, MEP is working with small Madam President, I yield the floor To say that the accusations made in and medium-sized manufacturers to and I suggest the absence of a quorum. both documents are not substantiated keep jobs here, and also helping exist- The ACTING PRESIDENT pro tem- by the evidence they offer is to be over- ing businesses bring their outsourced pore. The clerk will call the roll. ly polite and diplomatic about it. It is The assistant legislative clerk pro- jobs back to the United States. Let me far better and more accurate to talk ceeded to call the roll. say that again, because it bears repeat- straight. These allegations about Mr. MCCAIN. Madam President, I ask ing. Each day, MEP is working with Huma Abedin and the report from manufacturers to keep jobs here, and unanimous consent that the order for the quorum call be rescinded. which they are drawn are nothing less bring their outsourced jobs back to the than an unwarranted and unfounded at- United States. The ACTING PRESIDENT pro tem- tack on an honorable citizen, a dedi- Our small and medium-sized manu- pore. Without objection, it is so or- cated American, and a loyal public facturers face different challenges than dered. servant. larger companies, especially in this DEFENDING HUMA ABEDIN The letter alleges that three mem- tough economy. The improvements Mr. MCCAIN. Madam President, rare- bers of Huma’s family are ‘‘connected that come to a business from working ly do I come to the floor of this body to to Muslim Brotherhood operatives and/ with an MEP center can make the dif- discuss particular individuals. But I or organizations.’’ Never mind that one ference between profitability or shut- understand how painful and injurious of these individuals—Huma’s father— ting their doors. it is when a person’s character, reputa- You would be hard pressed to find an- tion, and patriotism are attacked with- passed away two decades ago. The let- other program that has produced the out concern for fact or fairness. It is ter and the report offer not one in- results MEP has. In fiscal year 2010— for that reason that I come to the floor stance of an action, a decision, or a the most recent data available—MEP today to speak regarding the attacks public position that Huma has taken clients across the United States re- recently on a fine and decent Amer- while at the State Department or as a ported over 60,000 new or retained ican, Huma Abedin. member of then-Senator Clinton’s staff workers, sales of $8.2 billion, cost sav- Over the past decade, I have had the that would lend credence to the charge ings of $1.3 billion, and plant and equip- pleasure of knowing her during her that she is promoting anti-American ment investments of $1.9 billion. long and dedicated service to Hillary activities within our government. Nor And in a sign of how strong manufac- Rodham Clinton, both in the Senate does either document offer any evi- turing is in Wisconsin, the Wisconsin and now in the Department of State. I dence of a direct impact that Huma MEP is opening up a third office in my know Huma to be an intelligent, up- may have had on one of the U.S. poli- State, this time in Milwaukee. The standing, hard-working, and loyal serv- cies with which the authors of the let- Milwaukee region—which ranks No. 2 ant of our country and our govern- ter and the producers of the report find among the Nation’s top 50 metropoli- ment, who has devoted countless days fault. These sinister accusations rest tan areas for manufacturing employ- of her life to advancing the ideals of solely on a few unspecified and unsub- ment—is seeing high growth in the the Nation she loves and looking after stantiated associations of members of food processing, equipment manufac- its most precious interests. That she Huma’s family—none of which have turing, and industrial controls fields. has done so well maintaining her char- been shown to harm or threaten the These businesses want to create jobs acteristic decency, warmth, and good United States in any way. These at- and grow here in the United States, humor is a testament to her ability to tacks have no logic, no basis, and no and they are turning to MEP, a public- bear even the most arduous duties with merit, and they need to stop. They private partnership, to help them com- poise and confidence. need to stop now. pete in the global economy. Since 1996, Put simply, Huma Abedin represents Ultimately, what is at stake in this Wisconsin MEP has helped over 1,300 what is best about America: the daugh- matter is larger even than the reputa- Wisconsin manufacturers make nearly ter of immigrants, who has risen to the tion of one person. This is about who $400 million in improvements in tech- highest levels of our government on we are as a Nation and who we aspire nology, productivity, and profits, help- the basis of her substantial personal to be. What makes America excep- ing to generate $2 billion in economic merit and her abiding commitment to tional among the countries of the impact, and creating or saving over the American ideals she embodies. I am world is that we are bound together as 14,000 manufacturing jobs. proud to know her, and I am proud— citizens, not by blood or class, not by Many people seem to think the de- even maybe with some presumption— sector or ethnicity, but by a set of en- cline of American manufacturing is in- to call her my friend. during universal and equal rights that

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Everybody ment, but in the end the whole thing ignorance of what they stand for, it de- presents their budget, defends their has been vetted, vetted in front for the fames the spirit of our Nation, and we budget. We make decisions, and we American to see, for us to understand, all grow poorer because of it. come up with legislation—13 separate and therefore, when we do vote, we Our reputations and our character pieces of legislation—that essentially know that our yes means yes and our are the only things we leave behind covers the functions of this Congress no means no. when we depart this Earth, and unjust and how we are going to pay for it. So it is a mystery to me why this acts that malign the good name of a So we go through all this work. We year and in previous years under the decent and honorable person are not work through subcommittee, then we leadership of the majority leader we only wrong, they are contrary to ev- work through the full committee, and have not done what the Senate, histori- erything we hold dear as Americans. then the bills are ready, stacked up, cally is designed to do and has done Some years ago, I had the pleasure, waiting to be brought to the floor to be and what I think is a duty and a re- along with my friend, the Senator from debated by Members—both Republicans sponsibility to the people whom we South Carolina, LINDSEY GRAHAM, of and Democrats, both sides of the represent. traveling overseas with our colleague aisle—with amendments offered. Now, in normal times of economic then-Senator Hillary Clinton. By her The same process happens in the growth, maybe you can get away with side, as always, was Huma, and I had House. We merge the two bills. We something like this. But at a time the pleasure of seeing firsthand her bring one product here. We make a when lack of action in Congress con- hard work and dedicated service on be- final vote on that and send it to the tributes to an already staggering econ- half of the former Senator from New President. He either signs it or rejects omy—many analysts say we are head- York, a service that continues to this it. But that is a necessary procedure ing back into recession—when we look day at the Department of State and that is a written part of the way this at the situation around the world and bears with it a significant personal sac- Congress is designed to function. see the slowing down of economic ac- rifice for Huma. Yet that procedure has essentially tivity and the problems in China and I have every confidence in her loy- been discarded. To then hear that after Brazil and in India, the major markets, alty to our country, and everyone else all that effort by all of us in our re- and we see what is happening in Eu- should as well. All Americans owe her spective committees, including the Ap- rope, and we read from analysts their a debt of gratitude for her many years propriations Committee but also au- evaluation of our current economic sit- of superior public service. I hope these thorizing committees in terms of how uation and this fiscal cliff that we are ugly and unfortunate attacks on her we are going to spend the money and driving toward by the end of the year can immediately be brought to an end what direction it goes—after all of this unless we address it, how uncertainty and put behind us before any further effort, we are told: No, none of those over all of that is negatively affecting damage is done to a woman, an Amer- bills will be brought to the floor. our economy and affecting those who ican, of genuine patriotism and love of Well, that is not the function of the are in a position to either buy new ma- country. Senate. The response is, well, we will chinery for their plant, increase em- Mr. President, I suggest the absence put it all into one big bill at the end— ployment, do more research, or expand of a quorum. 13 bills, called an omnibus bill. Earlier, a business. They are frozen in time say- The PRESIDING OFFICER (Mr. we had something put together called a ing: I cannot make decisions because FRANKEN). The clerk will call the roll. minibus—they took three major bills, there is uncertainty about what money The bill clerk proceeded to call the and put them together—and we were will be available, what our budget will roll. then asked to have either a ‘‘yes’’ or a be, what our tax rate will be, what our Mr. COATS. Mr. President, I ask ‘‘no’’ vote on the whole thing. health care obligations will be, what unanimous consent that the order for You know, there is a reason the pub- the Federal Government will be doing the quorum call be rescinded. lic is so frustrated with the Congress. with this budget and how it affects our The PRESIDING OFFICER. Without They cannot get clear answers from business. objection, it is so ordered. their respective Members as to whether So whether it is paving roads or fund- THE ECONOMY they are for something or against ing hospitals, addressing education Mr. COATS. Mr. President, I come to something because when you combine issues or any other function that Fed- the floor today to comment on a couple all of those bills together, of course eral, State, local governments or indi- of things. One is the dialog that took you are for parts of it and you are viduals and businesses get involved in, place this morning between the major- against parts of it, but Members are this cloud of uncertainty that has set- ity leader and the minority leader re- only allowed one vote, yes or no. tled over this country has kept us from garding how the Senate should func- When I ran for office in 2010, I putting those policies in place that are tion. There were two different views on pledged to the people of Indiana that if going to restore our country to eco- this between the two, and they had I were elected, I would let my yes be nomic growth, that are going to put quite a back-and-forth exchange. I am yes and my no be no as it applied to a people back to work and get our coun- not sure how many people in America specific program or a specific spending try back on track toward fiscal health. were watching that conversation this item so that they could then evaluate This is an issue that should not be di- morning, but I watched in my office their Senator in terms of how he was viding us on a partisan basis. Whether while I was trying to catch up on some representing them. And they could you are listening to a liberal economic other work and then found myself pret- then make a judgment that, I want to commentator or conservative economic ty engaged in that discussion. support this person or I am opposed to analyst, there is a growing consensus It all stemmed from the fact that the supporting this person because I do not that inactivity, this stalemate that ex- majority leader announced he was not agree with his vote on this or I support ists is contributing significantly, and going to bring any of the appropria- him because I do agree with a vote he the failure to address the fact that we tions bills to the floor for debate, con- took. That is the clarity and trans- are heading toward this fiscal cliff, sideration, amendment, or voting. I am parency the American people are ask- with all its ramifications, will have a Member of that Appropriations Com- ing for. Of course, they are getting ex- enormous negative consequences if we mittee. The initial information passed actly the opposite here. do not take some action.

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We are viewed as a dysfunc- But let’s set that aside right now and in dealing with this fiscal cliff. tional institution, either incapable or acknowledge that what the Federal Re- It is not just a fiscal cliff, it is a unwilling to address the critical issues serve Chairman has said will have a whole range of issues that have enor- facing our country—in particular, the major negative impact on this econ- mous implications for our national de- dismal state of our economy and the omy if Congress does not step up and fense, for our economy, for our budget, fact that we have now for 41 straight take its responsibility and do what we for going forward for our retirees, for months had unemployment above 8 all know we need to do. I repeat again those beneficiaries of some of the pro- percent. that statement by the Federal Reserve grams of the Federal Government— This morning more than 12 million Chairman: major implications—and all of that is Americans woke up without a job and The most effective way that the Congress left in a cloud of uncertainty. many others woke up with a job much could help support the economy right now The interesting thing to me is that below their abilities, much below what would be to work to address the nation’s fis- whether you are a Democrat or Repub- cal challenges in a way that takes into ac- lican, whether you are President of the they had hoped to gain in a salary and count both the need for long-run sustain- a pay package that allows them to pay ability and the fragility of the economy. United States or a candidate for Presi- dent of the United States, good policy the mortgage, buy the groceries, save Economists from across the political is what the American people are look- for their children’s education. So the spectrum are sounding the alarm. Ana- ing for. Action is what they are look- underemployed combined with the un- lysts report that the threat of the fis- ing for. Debate is what they are look- employed is a staggering number. That cal crisis in Europe is now being dis- is something I believe we have a moral placed by the threat of our country’s ing for, and then putting that forward duty to address. inaction and refusal to address this fis- with some sense of certainty in terms We may have a disagreement on the cal cliff now. The American people and of where we are going. But right now policies to address this crisis. I under- American industry and American busi- politics seems to be dominating the stand that. But when we are not even nesses need to know what our plan is to Presidential race. I do not think there allowed to come down to this floor and stabilize our economy. Yes, it is impor- is anything we can do about that, but debate those policies and have a pack- tant what Spain is doing and Italy is what we can do here in this body is ac- age of legislation in front of us that we doing and Greece is doing and Germany knowledge what was acknowledged by think will address some of these situa- is doing and France is doing to work on a lot of Democrats and a lot of Repub- tions, that is simply taking a pass at a the European situation. Those of us licans in 2011 but not accomplished; time when our country desperately who live in glass houses should not be what we can do is what we have the re- needs us to be engaged. throwing stones. There is a lot of criti- sponsibility to do, and that is to step If you looked at the Washington Post cism over what they are doing or not into the breach and do everything we this morning, you saw the account of doing across the Atlantic. But we can to put those policies in place that Federal Reserve Chairman Ben ought to be looking at ourselves and I think there is substantial agreement Bernanke, his testimony before the saying: How dare we tell them what on, put those policies in place that will Senate yesterday, and I want to quote they need to do—as some have tried to get our economy moving again, and, what he said: do—when we are not doing anything most important, put some certainty The most effective way that the Congress ourselves to address this. into what the future looks like so that could help support the economy right now The failure of Congress to act is hav- those who go shopping and those who would be to work to address the Nation’s fis- ing a negative impact, not only in my make products and those who are part cal challenges in a way that takes into ac- State but across the country. House- of our American economy have the cer- count both the need for long-run sustain- hold confidence is waning. Retail sales tainty of knowing what the future ability and the fragility of the recovery. are down, according to the latest re- looks like so they can make decisions. I think if that question was posed to port. The manufacturing sector is tak- We have a chance, Mr. President— a Member of this body, whether that ing a hit. As I said earlier, there have even as recent discoveries can lead us Member is conservative or liberal, been 41 consecutive months of unem- to energy independence, given our es- Democratic or Republican, I think ployment above 8 percent. tablished rule of law, given the fact most would simply say: I agree with So it falls to Congress to act. Unfor- that right now America is the only safe that. I cannot find fault with what he tunately, now we have been told that haven—even though it is getting less said. even on the regular process of how we safe—to invest your money if you are You know, we look to the Fed to act on a year-by-year basis to set the overseas—we have the opportunity, if solve all of our problems but the Fed spending standards for the taxpayers’ we step up to our responsibilities, to has used about every major tool they hard-earned money out of this Federal open a new chapter and put America have—they might have a couple of lit- Government, set those standards, we back in its place as that ‘‘shining city tle ones left. You can only do so much are unwilling to have open debates, we on a hill,’’ that place of freedom and with monetary policy. The problem is are unwilling—the majority leader will opportunity where you want to put fiscal policy, and fiscal policy is the re- not allow us to have amendments, will your money and invest, raise your chil- sponsibility of the Congress and the ex- not even bring the bill to the floor. All dren, an opportunity to be the country ecutive branch and the President. of this legislation is needed to osten- the world looks at to take the lead. Look, it is clear that we are not sibly run this Federal Government. Yet We have a golden opportunity now to going to get any leadership from this it is being run in a way that throws ev- send that signal. I think the invest- President, at least until after this elec- erything into the pot. It goes right up ment markets would respond dramati- tion has taken place. He is clearly in to the edge, and we have this drama cally, we would start putting people campaign mode. He is not doing busi- about whether they will pass it or not back to work, and get our economy ness out of the White House relative to pass it. In the meantime, the negative humming again. People would then policy. He even said months and impact that it has on our economy is look at us and say: They are taking months ago: Well, we are not really very troubling and not something we this debt and deficit situation seri- going to do any more this year. ought to be doing. ously. They put a credible long-term So that has all been put on hold. So here I am again voicing my frus- plan in place to address it, and we have Well, in normal times, that might be tration over our inability to step up to the confidence to go forward, knowing

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11503 that America will still be the place to McConnell already houses a total of One of those programs, called the live, work, raise a family, and invest. 63 KC–135R tankers—48 assigned and Honorary Commander Program, pairs We can bring our economy back. manned, plus an additional 15 for glob- up more than 30 squadron and group I am trying to end on a positive note al contingency purposes, making it by commanders with local civic leaders simply by saying good policy is good far the largest tanker presence in our for 2 years to build meaningful rela- politics. The people are hungry for us country. In fact, McConnell is consid- tionships between civilian and military to stand up and basically say this is ered the supertanker base in the Air leadership. When I talk with the air what we believe in, what we stand for. Force, with twice the number of tank- men and women stationed at McCon- Yes, we had to modify this or that in ers than any other base. nell, they often tell me how much they order to get consent on going forward, Looking at the geography of the have enjoyed the quality of life Wich- but we are going forward. We know United States, it is clear McConnell ita offers them and their families. what the plan will be, and we can send serves our country well in terms of air When it comes to Air Force air mo- a signal to the world that Congress has mobility. Strategically located in the bility missions, there are four compo- lived up to those responsibilities. You Nation’s heartland—equidistant from nents that make a mission successful: are not going to get it out of the White both coasts—McConnell’s location is a airmen, command and control, infra- House—at least until November. This great asset. structure, and equipment. McConnell is the body where the responsibility To this point, the 22nd Air Refueling Air Force Base not only has the ex- falls. I think we all need to stand up Wing and the 931st Air Refueling Group tremely capable airmen of the 22nd and and understand not only our constitu- at McConnell are frequently called 931st, but it also has the proven com- tional duties but our moral responsi- upon for refueling missions, within a mand and control to handle a myriad bility to move forward and in the reg- 1,000-mile ‘‘service radius’’ of the base, of operational needs and a sprawling ular order address these issues that are which further highlights the reliability infrastructure with enormous capacity. so critical to the future of this Nation. of this location in the Midwest for do- In fact, McConnell will soon have the With that, I yield the floor. mestic or overseas missions. One thou- newest runway in the Air Force at a The PRESIDING OFFICER (Mr. sand nautical miles is a vast portion of length of 12,000 feet, which more than UDALL of Colorado). The Senator from the continental United States and in- exceeds the requirements of the first Kansas is recognized. cludes hundreds of routes, military op- round of tankers. Mr. MORAN. Mr. President, I ask erating areas, and airspace reserved for By locating the new tankers at unanimous consent to address the Sen- various air missions. McConnell, the Air Force would have ate as in morning business. McConnell supports all branches of the strategic flexibility and capacity The PRESIDING OFFICER. Without the military and allied partners, re- needed to carry out a variety of mis- objection, it is so ordered. fueling off of either coast and around sions both at home and abroad. Now is KC–46A TANKER BASING the world every day. The Air Force has the time for the Air Force to replace Mr. MORAN. Mr. President, Kansas long taken advantage of the expansive the aging KC–135Rs with the ‘‘iron’’ of has a long and remarkable history of airspace available over and around KC–46As at McConnell Air Force Base. supporting our Nation’s aviation indus- Kansas, so it would be natural for The Air Force has made clear that try both commercially and in support McConnell Air Force Base to continue the acquisition and recapitalization of of our Nation’s men and women in uni- its important air mobility missions the KC–46A is their top priority. Air form. In Kansas, roughly 40,000 citizens with the KC–46As. Force Chief of Staff GEN Norton McConnell also has a clear advantage support approximately 270 aviation and Schwartz said it best when he stated: in personnel because it houses both Ac- aerospace companies and generate The KC–46A tanker is a critical force mul- tive and Reserve air men and women in tiplier and essential to the way this Nation nearly $2.9 billion in exports annually the air mobility mission. The Air Force fights its wars and provides humanitarian from our State. Many of those workers calls this arrangement a classic asso- support around the globe. live in Wichita, which has long been ciation, and McConnell is one of the I agree. I recently had the oppor- known as the air capital of the world. only few bases in the country that can tunity to speak with Air Force Sec- Not only do these workers contribute boast this level of coordination be- retary Michael Donley while at the to the vitality of our State’s economy, tween the Active and Reserve in air Farnborough airshow, and I empha- but they also strengthen our Nation’s mobility missions. sized personally the need to base KC– economy, and they certainly con- The 22nd and 931st are prime exam- 46A tankers at McConnell Air Force tribute to our Nation’s defense. ples of Active and Reserve components Base in order to meet this need for At both McConnell Air Force Base working together, sharing capabilities, global mobility. and Forbes Field, in Topeka, members collocating in various facilities, inte- It is often said in the military that of the Active, Reserve, and the Na- grating crews and providing global sup- the difference between success and fail- tional Guard serve our country through port to operational needs. ure is logistics. McConnell Air Force a variety of missions. Since 1941, The 22nd and 931st have a tremendous Base offers the instrumental, logistical McConnell Air Force Base has been an history of conducting air mobility op- muscle that is vital to successful, stra- instrumental part of the Wichita com- erations not only throughout the tegic air power. Kansans have a long munity, and Kansans have a proud his- United States, but in places in Libya, history of supporting air power and air tory of standing behind the air men Serbia, Turkey, Iraq and Afghanistan. mobility, and I know McConnell Air and women who have called McConnell Furthermore, the Air Force has indi- Force Base is the best choice for our home. McConnell Air Force Base em- cated their strong preference for this Nation’s new tanker fleet. ploys more than 17,000 people, military arrangement as they choose the loca- I am hopeful that Kansas air men and and civilian, and last year it had an tion for the first round of KC–46A tank- women will have the opportunity to overall impact of more than $520 mil- ers. continue their tradition of service in lion on our local economy. Another advantage McConnell boasts defending our Nation with this first I have come to the floor today to out- is a surrounding community that fully round of KC–46As. line my support, strong support, for supports and embraces the air men and Mr. President, I yield the floor and McConnell Air Force Base as the best women and their families. Since 1960, suggest the absence of a quorum. choice for our Nation’s new tanker an organization of area business lead- The PRESIDING OFFICER. The fleet, the KC–46A. Currently, the Air ers and residents called Friends of clerk will call the roll. Force is considering McConnell for the McConnell has supported the men and The assistant legislative clerk pro- first home—or main operating base 1— women of McConnell Air Force Base ceeded to call the roll. for the new tanker, which will be put through a wide range of programs and Mr. SESSIONS. Mr. President, I ask into service in 2016. McConnell Air special events on and off the base each unanimous consent that the order for Force Base is our Nation’s best choice. year. the quorum call be rescinded.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11504 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 The PRESIDING OFFICER. Without This measure should not be partisan. necticut for his efforts and commit- objection, it is so ordered. It should not be a matter of geography ment. I know he shares my belief that (The remarks of Mr. SESSIONS per- or party as to whether one of our col- we need to be bringing jobs home, and taining to the introduction of S. 3396 leagues supports it. There should be a that is what we intend to do. are located in today’s RECORD under bipartisan coalition behind it. I have I do want to speak today about the ‘‘Statements on Introduced Bills and found in Connecticut, as I go around legislation that is in front of us. We Joint Resolutions.’’) the State, regardless of party, people can come together and agree we don’t Mr. SESSIONS. I thank the Chair, I support this idea of bringing jobs home have to go forward and have this vote yield the floor, and I suggest the ab- and reshoring and restoring jobs to our to stop a filibuster. If we could agree to sence of a quorum. State and to our country, particularly bring up the bill and discuss it and pass Mr. BLUMENTHAL. Mr. President, I manufacturing jobs. it, it would be terrific. We know we ask unanimous consent that the order In the city of Waterbury, I visited on have a majority to support this bill and for the quorum call be rescinded. Monday a steel plant where there are be able to pass it, send it to the House, The PRESIDING OFFICER. Without 3,000 manufacturing jobs—part of the and the President will sign it in 30 sec- objection, it is so ordered. 165,000 manufacturing jobs that we onds, I know, to be able to close this Mr. BLUMENTHAL. Mr. President, I have in Connecticut. Manufacturing is loophole. But we are, unfortunately, come to the floor to join the voices of alive and well. Taxpayers should not be engaged in something right now that my colleagues in favor of supporting subsidizing companies that move those we are engaged in all the time now. It strongly, and I hope persuasively, the kinds of jobs overseas. In the last 10 used to be a rare occurrence to have an Bring Jobs Home Act. years, 2.4 million jobs were shipped objection that triggers a filibuster. The Bring Jobs Home Act is a meas- Now it is on every issue. So we find overseas—mostly manufacturing—and ure that contains some provisions that ourselves waiting to be able to vote to taxpayers helped to foot the bill for it. are hardly novel, not complex, and a see whether we are going to be able to In Connecticut, the National Bureau of matter of common sense. get a supermajority to be able to go to Economic Research has found more They involve some of the basic ideas this bill. That is very concerning to we have advanced and advocated in than 250,000 jobs are at risk of being me, given the fact that we do have the this Chamber for some time. They are outsourced. People are angry and out- majority in the Senate that wants to measures that are contained in a pro- raged that they are subsidizing that debate and pass this bill and we have posal very eloquently argued for by my risk, that outsourcing and offshoring of the vast majority of Americans. It is colleague, Senator STABENOW, and I jobs. not about Democrats or Republicans. thank her for her leadership, as well as In the steel plant I visited, fortu- We have people all over this country for Leader REID’s leadership, in bring- nately those jobs have stayed. But who want to see us move forward on ing this measure to the floor now. from around the country and in Con- this bill as well as others that will Very simply, the Bring Jobs Home necticut, many of them have moved focus on jobs and focus on bringing jobs Act will reshore and restore jobs to overseas because of the economic in- home. We want to build an economy this country with two simple, straight- centives we have created and that now that lasts. The way we do that I believe forward provisions. This measure pro- we should stop. At a time when job cre- is by making things—making things in vides a 20-percent tax credit for the ex- ation is our No. 1 priority, American America. penses incurred in moving facilities or taxpayers deserve that these loopholes Two weeks ago, we passed the farm plants—basically, jobs—back to Amer- and hidden subsidies be closed and bill on an overwhelmingly bipartisan ica. It also does something that is ended forever. vote. As chair of the Agriculture Com- critically vital to this country, which I hope I speak for many of my col- mittee, working with my ranking is to close the loopholes that right now leagues in saying shipping jobs over- member Senator ROBERTS, we very reward companies for moving those seas with the subsidies and incentives much appreciated the hard work and jobs overseas. Again and again over the now provided very simply is unaccept- support of Members on both sides of past 2 years I have advocated this able. Let’s pass the Bring Jobs Home the aisle to pass something that is in- straightforward, simple step: Close the Act now to close those loopholes and to volved in growing things. We don’t loopholes that permit companies to de- provide these incentives so that compa- have a middle class in this country and duct expenses when moving those jobs nies such as Otis Elevator, United we don’t have an economy unless we overseas. Technology, DuPont, Ford, Master make things and grow things. So we The average American—certainly the Lock, GE, Spectrum Plastics in Anso- showed we could come together around average person in Connecticut—when nia, CT, will be encouraged to continue a major piece of legislation that in- told that these loopholes exist, simply doing the right thing, bringing those vests in growing things and all of the is incredulous. They cannot believe the jobs back, walking the walk, and walk- offshoots of that as it relates to the United States of America rewards com- ing jobs back to Connecticut and to the food economy. panies for moving these jobs overseas. United States. I will be voting yes to This is an opportunity to say ‘‘we get Let’s close that loophole now. It will bring jobs home. it’’ when it comes to making things produce revenue for the United States. Again, I thank my colleague Senator and bringing jobs back from overseas Literally tens of millions of dollars STABENOW for her invaluable leadership so we can make more things again in will come back to our country as a re- on this issue. I am proud to join her America. It is unbelievable to me—and sult of closing this loophole, and jobs today. I know it is unbelievable to hard-work- will come back as well. The 20-percent Mr. President, I yield the floor. ing men and women in Michigan and I tax credit, although it may not sound The PRESIDING OFFICER. The Sen- know all across the country—that com- like a lot of money to major corpora- ator from Michigan is recognized. panies actually get a tax writeoff for tions, could well be the tipping point Ms. STABENOW. Mr. President, I packing up shop, paying for the moving for executives considering what to do first want to thank my friend and col- expenses, doing what they need to do in terms of investing in this country. It league from Connecticut for his com- to close down and move jobs overseas. is an incentive to invest in the United mitment and compassion and passion It is actually astounding. And when we States instead of moving those jobs on this issue. I appreciate very much look at the fact that we have lost 2.4 abroad. A 20-percent tax credit could be his joining with me and others to come million jobs in the last 10 years be- a critical decision point and a turning together to put forward what I think is cause of that, it is outrageous when point in those decisions. The Boston a commonsense bill that focuses on you think about it that we are losing Consulting Group surveyed 37 compa- closing a major loophole that is requir- 2.4 million jobs and it continues, and, nies which have $10 billion or more in ing basically taxpayers to help foot the at the same time, American taxpayers revenues and found that 50 percent are bill when jobs are shipped overseas. So are helping to foot the bill. That makes at that tipping point. I want to thank the Senator from Con- absolutely no sense.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11505 We have heard a lot about tax reform Her coworker Joyce is 60 years old about how important those jobs are to from Members on both sides of the and has worked at the same company her and her colleagues. aisle, and I support that. I think there for 29 years. She has given them her Yesterday I was on the floor talking are some larger tax issues. As a mem- whole career, and in those years she about our American automobile indus- ber of the Finance Committee, I am has developed a very specific set of job try. I am very proud that Ford has re- committed to addressing a range of skills that have made her a tremendous tooled. The largest plant they have is issues that deals with incentives and asset to the work they do at their facil- in North America, in Wayne, MI, and how we compete globally and our com- ity. But those skills aren’t necessarily because of that effort and new ad- panies are able to compete globally. transferrable to another company, and vanced batteries, they are bringing But this is tax reform we can do right she is worried those companies would jobs back from Mexico and, we are now now. We don’t have to wait for some- rather hire somebody half her age to hearing, from China and other places. I thing big to come someday. We are save money. She is another person who know GM and Chrysler are very fo- going to have an opportunity in the must be absolutely outraged to find cused on jobs here and bringing jobs next day to vote on tax reform imme- out that the taxes she has paid for back, and that is all good news. diately. I know the Presiding Officer nearly 30 years in her career are being These are companies that want to in- shares the desire to bring those jobs used to help her company ship her job vest in America. They want to bring home. The fact is, we have something to China. jobs home. Our Tax Code should be re- very simple and straightforward we are I have heard similar worries from my warding that, not rewarding those who going to be asked to vote on. constituents all over Michigan, people want to leave. Our Tax Code still re- First of all, the Bring Jobs Home Act who have worked all their lives—often wards their competitors who are not would end the taxpayer subsidies that for the same company—in their late making investments in America, and it are helping to pay for moving costs for fifties, early sixties, a few years shy of makes absolutely no sense. When CEOs corporations that are closing up shop retirement, and who suddenly find the are making calculations about where and sending jobs overseas. Secondly, rug pulled out from under them. It is to move production, we do not want we are going to allow companies to outrageous to think that those individ- the Tax Code standing in the way. It is very simple. We know we have have that deduction when they bring uals, who have played by the rules and to focus on jobs in America. We are in the jobs back. So if we have a company worked hard their whole lives, sud- a global economy. Our companies are wanting to close up shop in China and denly find themselves in a situation competing with countries and policies bring the jobs back, we are happy to where their jobs are shipped overseas of countries and investments by other allow a business tax deduction for that. and American taxpayers are sub- countries. We have to make sure that And, on top of it, we will allow an addi- sidizing it. We can change that. We can we are doing everything, that it is all tional 20-percent tax credit for the cost change that when we vote to move for- hands on deck, that everybody is mov- of bringing those jobs back. So we are ward on this bill. ing in the same direction, that the Tax happy to do that. But we are not pay- The good news, and the reason we Code works, that we are partnering in ing to ship the jobs overseas. need to do this to keep this momentum the right way in every part of our econ- I don’t know of any country in the going, is that we have a lot of compa- omy so that the message is sent out: world right now that would have a tax nies that are now doing the math and Bring jobs home. ‘‘American made.’’ policy that involves helping to pay for finding it makes good business sense to We want to strengthen America. jobs leaving their country. If anything, bring jobs home. So we have some good This is about America first. That is we are in a situation today where we news stories, and we need to keep them what the Tax Code ought to focus on, have other countries either trying to going. and that is what this bill is all about. block us from selling to them or they But our Tax Code needs to catch up I am hopeful that our colleagues will create incentives. I have mentioned so with that and reward those companies get beyond the politics of the moment. many times but it is true, I have instead of putting them at a competi- I know we are in an election year. I get talked to companies that had the Chi- tive disadvantage when we have com- the partisan politics of the moment. nese Government approach them and panies closing up here and shipping But there are people around our coun- say, ‘‘Come on over, we will build the jobs the other way. try counting on us—Democrats, Repub- plant for you.’’ And then they steal Caterpillar is making major new in- licans, Independents, folks who vote, your patent. vestments in the United States, bring- folks who do not vote—counting on us But the fact is other countries are ing jobs back from Japan, Mexico, and to actually step up together and do aggressively trying to get what we China. things that make sense. This makes have had as America, what has created DuPont is building a plant in sense. We need to bring jobs home. This the middle class of America, which is Charleston, SC, to produce Kevlar. bill will help do that. the ability to make things in this That is great news. They are making I yield the floor. country. We don’t seem to understand investments in Ohio, Iowa, Pennsyl- The PRESIDING OFFICER (Mr. that if we are not vigilant, if we are vania, and Delaware. CARDIN). The Senator from Wyoming is not paying attention, if we are not fo- All-Clad Metalcrafters, the folks who recognized. cused, if we don’t have the right poli- make high-end cookware, have brought Mr. BARRASSO. Mr. President, I ask cies and the right kinds of investments their production of lids back from unanimous consent to speak as in and partnerships with the private sec- China to the United States. morning business. tor, they are going to have all of those Keen, a shoe manufacturer, just The PRESIDING OFFICER. Without middle-class jobs. So when we look at opened a 15,000-square-foot plant to objection, it is so ordered. The Senator this, it is time to begin that process. In manufacture boots in Portland, OR— is recognized. fact, it is way past time to do this. production that used to be in China. A SECOND OPINION Cheryl Randecker would certainly Master Lock, the world’s largest pad- Mr. BARRASSO. Mr. President, I agree with that. She worked at Sensata lock maker, moved jobs back to their come to the floor, as I do each week, as for 33 years. She has a daughter who is facility in Milwaukee, WI, and they a physician who practiced medicine in ready to go to college. She is worried now have 50 products manufactured ex- Wyoming for a quarter of a century, about how she is going to pay her bills clusively in the United States made taking care of so many families there, and put food on the table and pay for with U.S. component parts. to give a doctor’s second opinion about her daughter’s schooling. And now she US Airways brought hundreds of jobs the health care law that has now been finds she has lost her job. It is being back to their call centers in North found constitutional by the Supreme shipped to China. Her employer gets a Carolina, Arizona, and Nevada. Today, Court. Although it may not be uncon- tax deduction that she is helping to Lori Manuel is joining me in just a few stitutional, it is still unworkable, it is pay for, for the moving expenses. moments at a press conference to talk unaffordable, and it is very unpopular.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11506 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 Today I wish to talk about one of the with laughter. Apparently it seemed al- Washington cannot expect States to specific components of the health care most inconceivable to these White simply trust that the money will come law; that is, the issue of Medicaid ex- House officials that States would want through in the future. States basically pansion. to opt out of the Medicaid expansion. do not trust Washington, and they are Most of the discussion of the Su- In fact, Washington Democrats have right to not trust Washington. States preme Court’s health care decision has argued that it is a good deal for States and Governors across the country are been focused on the individual man- since the Federal Government is pay- much smarter than trusting Wash- date, that incredibly unpopular portion ing for the entire expansion through ington. of the law that forces every American 2017, and then it will cover 90 percent It did not have to be this way. If the to buy a government-approved product, of the cost of the States. But, again, White House and Democrats in Con- government-approved health insurance. that is not of all of the people on Med- gress had actually focused on lowering The Supreme Court has ruled it a tax. icaid, that is only of these newly eligi- costs—that was supposed to be the con- It is a tax. Still, the American people ble individuals. Never mind that the cern of the health care law, lowering know it is a mandate coming out of Congressional Budget Office predicted the cost of care—if the White House Washington that they buy a govern- that the Medicaid expansion would cost and Democrats in Congress had actu- ment-approved product for the first the Federal Government over $900 bil- ally focused on lowering the cost of time ever in American history. lion between 2014 and 2022. Apparently care, States now would not be facing Today I would like to talk about an- Washington Democrats, who have not this bad choice. other important part, which is the Su- passed a budget—Members of this Sen- We need to repeal this bad health preme Court’s ruling that the law’s ate—in over 3 years, believe the Fed- care law. We need to replace it with Medicaid mandate is unconstitutional. eral Government has extra money to legislation that will make it easier for As many Americans know, Medicaid is spend. It is completely irresponsible. States to work with Washington with- a government program that is jointly While this might be a laughing mat- out going bankrupt. We need to move funded between States and the Federal ter for the White House, people who forward. We need to move forward with Government. The President’s health work in State governments take this legislation that will allow Americans care law contained a huge expansion of issue much more seriously. The con- to get what they have been looking for, Medicaid, and more than half of the cerns of Governors of both parties was which is the care they need from a doc- new insurance coverage provided by recently highlighted in a Washington tor they choose at lower costs. the health care law was supposed to be Post article. Not only are Republican I point out that the Republican Gov- delivered through the Medicaid Pro- Governors concerned about the expan- ernors Association has a lot of ques- gram. sion, but at least seven Democratic tions about this Medicaid expansion. The President’s health care law Governors have been noncommittal As a matter of fact, Virginia Governor forces States to expand their Medicaid about expanding the program in their Bob McDonnell, who is chairman of the eligibility or face the loss of all of own States as well. Governors are con- Republican Governors Association, their Medicaid matching funds. Cur- cerned because they know Medicaid has sent a letter to the President seeking rently, the States put up some money, been the fastest growing part of the answers to a number of questions deal- and the Federal Government puts up State budget for over the past decade. ing with Medicaid and dealing with the some—it varies from State to State. In In fact, Medicaid spending has ex- exchanges that are part of this health my State of Wyoming, the State puts panded twice as fast as spending on care law. There are 30 specific ques- up half, the Federal Government puts education, and this is according to the tions in the letter Governor McDonnell up half, and 15 States are in that 50–50 bipartisan National Governors Associa- sent. I suggest that possibly the Presi- range. In some States, it goes up to 70 tion. dent has not thought of these issues as cents from the Federal Government In addition, State leaders worry that they relate to the health care law and and 30 cents from the State. Across the the Federal Government will not keep does not have answers. But these are board, the average is about 57 cents the promises Washington has made to answers Governors of both parties con- from Washington, 43 cents from the the States regarding Medicaid’s pay- tinue to seek because they want to home State. ment rates. know what the impact of this Medicaid Many States believed that this ex- The Wall Street Journal referred to expansion is going to be on their own pansion, this forced expansion, this the matching rate this way: States and their own budgets. forced mandate on them was unconsti- This 100 percent matching rate is like a The health care law may not be un- tutional, that it was expensive, and subprime loan with a teaser rate and a bal- constitutional. It continues to be un- that it would essentially leave States loon payment. workable, it continues to be with no choice but to participate in the When asked to comment about the unaffordable, and it continues to be un- program. That is why 26 different Medicaid expansion, Jay Nixon, the popular. You say: How unpopular is it? States filed a lawsuit against the Fed- Governor of Missouri, who is a Demo- In a poll done just after the Supreme eral Government to stop this massive crat, said: Court ruling, just last week, July 9 to Medicaid overreach. This deals with hundreds of thousands of July 12, a Gallup Poll talked to Repub- Supreme Court Chief Justice Roberts Missourians, it deals with their health licans, they talked to Democrats, but and a majority of Justices agreed with care . . . then they focused on the Independents, the States. Chief Justice Roberts de- He went on to say: and what they have shown is, of Inde- scribed the Medicaid expansion as a . . . it deals with billions of dollars, and we pendents in this country, how they ‘‘gun to the head’’ that would leave will be involved in the process that defines think this health care law will affect States no choice but to participate in the best fit for our state and respects the different components of our society. the program. The decision of the Su- sovereignty of our state and the individ- They think it will actually make preme Court made clear that States uality of our state. things worse for doctors, make things cannot be forced by Washington—can- Brian Schweitzer, Democratic Gov- worse for people who currently have not be forced by Washington—to par- ernor of Montana, put it best when he health insurance, they think it will ticipate in the health care law’s Medi- said: make things worse for hospitals, they care expansion. Unlike the Federal Government, Montana think it will make things worse for In response, after the Supreme Court just can’t print money. We have a budget businesses, it will make things worse announced its decision, a reporter surplus and we are going to keep it that way. for taxpayers and, most importantly, asked senior White House officials how Unlike this current administration, they believe it will make things worse they would entice States to partici- Governors of both parties recognize the for them personally. pate. According to Kaiser Health News, importance of controlling government That is where we are today, which is the White House officials responded spending. why we need to repeal and replace this

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11507 health care law. My advice to Gov- control of the people’s money. The ap- out. Or, if we want to spend more ernors around the country would be to propriations bills I am talking about, money for national defense, that is the wait a minute until after the election the 12 of them together, constitute a place to put it in. Or if we think we are to decide what you want to do about pretty big number. More than a third— wasting money on national parks or Medicaid expansion because we are 38 percent—of all the dollars we spend too much government land, that is the continuing to work to repeal and re- in the Federal Government go through place to take it out. Are those bills place this broken health care law. those 12 bills. It used to be a lot more. ready to come to the floor? Yes, they I yield the floor. I suggest the ab- So when the majority leader and the are. In the Senate, we have been doing sence of a quorum. Republican leader said, Yes, we are our job in our committees. Let me be The PRESIDING OFFICER. The going to do our best to bring all of exactly right about this, but I believe clerk will call the roll. those appropriations bills to the floor, we have nine of our appropriations bills The bill clerk proceeded to call the I thought the Senate had taken an im- that are ready to come to the floor, roll. portant step in functioning the way the that we are ready to go to work on The PRESIDING OFFICER. The Sen- American people expect the Senate to right now. The House of Representa- ator from Utah. function. The American people expect tives has already passed 11 of the 12 ap- (The remarks of Mr. HATCH per- us to get about the serious business of propriations bills through committee taining to the introduction of S. 3397 this country so that, in the words of and 6 of those have been passed by the are printed in today’s RECORD under the Australian Foreign Minister, Bob House. So this month, we could be de- ‘‘Statements on Introduced Bills and Carr, we can show the people we recog- bating any of those appropriations Joint Resolutions.’’) nize that we are really one budget bills. We could have amendment after Mr. HATCH. I suggest the absence of agreement away from reasserting amendment after amendment. We a quorum. America’s preeminence in the world. could reduce our spending. We could in- The PRESIDING OFFICER. The We have that within our power. crease our spending. We could say to clerk will call the roll of the Senate. The economy of the country, the the American people: We are doing our The bill clerk proceeded to call the economy of other countries depends, to job. roll. a great extent, on our ability to govern That brings me to my second dis- The PRESIDING OFFICER. The Sen- ourselves properly. So I was very en- appointment. I was greatly encouraged ator from Tennessee. couraged when the majority leader and this year—and a lot of the credit goes Mr. ALEXANDER. Mr. President, I the Republican leader said, Yes, we are to Senators on the Democratic side as ask unanimous consent that the order going to do our best to bring all 12 of well as some on our side—who are say- for the quorum call be rescinded. those bills to the floor. ing, Wait a minute. We are grownups. The PRESIDING OFFICER. Without I regret to say I am equally dis- We recognize we are political acci- objection, it is so ordered. appointed that the majority leader sud- dents. We have been given the great Mr. ALEXANDER. I ask unanimous denly announced last week he won’t privilege of representing the people of consent to speak for up to 15 minutes bring any appropriations bills to the our State and swearing an oath to our as in morning business. floor. The reasons he gives are very Constitution of the United States so we The PRESIDING OFFICER. Without puzzling to me. First he says, Well, the can help lead this country. So we want objection, it is so ordered. House is using a different number than to go to work. We want to go to work. What does the Senate do? Well, the Mr. ALEXANDER. Mr. President, the Senate. What is so new about that? Senate brings bills up through com- would the Chair please let me know That is why we have the House and the when there is a couple of minutes re- mittee, it brings bills to the floor, and Senate. They are one kind of body and then, as the late Senator Byrd used to maining. we are another kind. They have their The PRESIDING OFFICER. The say, almost any amendment comes to opinion; we have ours. We vote on our the floor and we debate it and we vote Chair will so advise. opinions. Then we have a procedure Mr. ALEXANDER. I thank the Chair. on it, and then we either pass the bill called the conference in which we come or we don’t pass the bill. That is what SENATE RESPONSIBILITY together and we get a result. We have the Senate does. Mr. President, earlier this year I had so few conferences lately that We on our side have been saying to came to the floor with a group of Re- maybe some people have forgotten we the majority leader: Mr. Majority publican and Democratic Senators to do that, but we have a way to do it. Leader, let us offer our amendments. congratulate the majority leader, Sen- Then the majority leader said, Well, Don’t silence the voices of the people ator REID, and the Republican leader, they in the House violated the Budget in our States that we represent. So he Senator MCCONNELL, as well as the Control Act. The Budget Control Act has been allowing that to happen more. leaders of the Appropriations Com- was simply something we agreed on—I Of course, he has the procedural ability mittee, Senator INOUYE and Senator voted for it—to try to put some limits to stop that. The Senator from Michi- COCHRAN. The reason for the congratu- on the growth of discretionary spend- gan said: Let’s try just having relevant lations was this: They said they were ing in the budget. If we stick to that amendments, so we said: OK, let’s try going to do their best to bring all of over the next 10 years, the discre- that. So we began to make some the appropriations bills to the floor tionary spending—not the two-thirds of progress. and pass them. That may not seem like the budget that is entitlement spend- There was a dispute over district such a monumental pledge or promise, ing but this one-third we are talking judges. We resolved that. We have been but it, in fact, is, because only twice about—will only grow at an little bit confirming them. The Postal Service since the year 2000 has the Senate gone more than the rate of inflation. If our bill, the farm bill, the FDA bill, the through the whole process of bringing whole budget grew at that rate, we highway bill—these are all important all 12 appropriations bills to the Senate wouldn’t have a fiscal problem. pieces of legislation that affect almost floor and enacting them in time for the Those aren’t good reasons. We have a every American family, and what did beginning of the fiscal year on October way to reconcile our differences. The we do? They went through committee; 1. Budget Control Act is only limits. The they had the expertise of the members Why is that so important? Well, we Senate actually has exceeded those who work on those committees; they are in the midst of a fiscal crisis. We limits, according to my colleague Sen- came to the floor; we had a lot of are borrowing 42 cents out of every dol- ator CORKER, already three times in amendments, we voted on them, and lar we spend. One way to deal with that this year. So there is no excuse whatso- they were passed by the Senate. In is through the appropriations process. ever for not bringing up appropriations other words, we did what we should do. That is our first constitutional respon- bills on the floor of the Senate. I thought we were on a lot better sibility. Judges judge; we appropriate. If we think the Solyndra loan was a track until the last 2 or 3 weeks. Sud- That is the first thing we do. We have bad idea, that is the place to take it denly, what has happened? Suddenly,

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The Senators with those bills is they have not been the Senate still has rights, and those were in there and the aides were in through committee. They are not going aren’t just the rights of the Senators there. Pretty soon everyone was in- to pass the House. Everybody knows themselves, those are their rights to vested in it. When it passed, as I said, that. So we are wasting our time at a speak the voices of Tennessee or Mary- Senator Russell went home to Georgia time when we could be debating all of land or Nevada or New York or Ken- and said, it is the law of the land. We the appropriations bills of the U.S. tucky. It is those voices that need to have to support it. Government. At a time when the U.S. be heard on the floor of the Senate. Now we are coming up on what the Government is borrowing 42 cents out And when we can’t debate, when we Chairman of the Federal Reserve Board of every dollar we are spending, we are can’t offer amendments and we can’t has called the fiscal cliff. This is a con- not even going to do our job and con- vote, those voices are silenced. vergence of big issues ranging from the sider appropriations bills on the floor So to my great surprise, the majority debt ceiling to how we pay doctors to and amend them. What will the whole leader—and as I said, I came to the the spiraling, out-of-control entitle- world think? What will our constitu- floor more than once to compliment ments we have, to the need for a sim- ents think about our ability to govern him for this—said at the beginning of plified Tax Code, to the need for lower ourselves if we can’t pass—even con- this Congress that he wouldn’t seek to rates. We have been working on this in sider—an appropriations bill in the change the rules of the Senate except various ways across party lines for sev- U.S. Senate? according to the regular order—except eral months. On top of that, we haven’t had a according to the rules of the Senate There is a growing consensus that budget for over 1,000 days. I remember which say we have to have 67 votes. the time to act is after the election. It when Condoleezza Rice, the Secretary That is what the rules say. We agreed will require Presidential leadership, of State, came back and met with a on that. What that meant was we need- whether it is newly inaugurated Presi- group of Senators. She came back from ed a change in behavior, not a change dent Obama or a new President Rom- Iraq early after their government was in the rules, to show that the Senate ney, and our job will be to see that the formed and she said, They can’t even could function. newly inaugurated President succeeds, whether he is a Republican President get a budget over there in Iraq. Sen- Last night on television, apparently or a Democratic President, because if ators looked around at each other, and the majority leader said that in the next Congress—he had changed his he does, then our country succeeds. here we have been a Republic for a long What are the stakes? The Foreign time and we can’t get one, either. So I mind and that if he is the majority leader, he will seek to change the rules Minister of Australia, Bob Carr, put it am very disappointed by the fact that very well when he said in a speech after such a promising surge of activity of the Senate by 51 votes. That will de- stroy the Senate. That will make it no here—and he is a great friend of the that was bipartisan and that got re- United States and I have known him sults, we have suddenly reverted back different than the House. I would say to my friends on the other side, if they for 25 years—he said: The United to forgetting that we have a way to States is one budget agreement away deal with our differences. want to make the Senate like the House where a freight train can run from reasserting its global pre- It is not because we don’t have any- eminence—one budget deal away from thing to do. Where is the cybersecurity through it with 51 votes, they might not like it so well when the freight reasserting our global preeminence. bill? Where is the Defense authoriza- But if we cannot even bring up an ap- train is the tea party express, which it tion bill? Where are the appropriations propriations bill to debate it, to amend could be. Republicans could be in con- bills? They are all ready to be consid- it, to vote on it, and to pass it, if we trol of the Senate after this session. ered, at a time when we are in a fiscal suddenly are dealing with bills that Republicans could have a President, crisis, looking at a fiscal cliff which, if have not gone to committee that are we don’t solve, according to the Con- and then where would ObamaCare be? nothing more than a political exercise, gressional Budget Office and the Chair- Where will a whole series of things be? if we are sitting around in the Senate man of the Federal Reserve Board yes- There will be a great many Senators on with nothing to do of significance—and terday, it will plunge us into a reces- the other side who will say, Wait a there is only one person who can bring sion in the first 6 months of 2013. Those minute, let’s slow down the train. Let’s up issues here; that is, the majority are the stakes we are playing with. think about what we are doing. That leader—how is that going to convey to There is also a third area in which I was the original intention of the the American people we are capable of must express my severe disappoint- Founders of this country. The House is governing ourselves? I think it sends a ment. We worked hard at the beginning majoritarian and 51 votes control. A clear message that we are failing to do of this Congress to accommodate a freight train can run through it day in that. number of Senators who felt we needed and day out. But when it gets to the So having expressed my disappoint- changes in the rules, and we made Senate we stop and think and minority ment, I wish to express my respect for some changes. But we preserved the rights are protected. As a result of the majority leader and to say again Senate’s integrity as a different sort of that, usually that forces us to have a how much I appreciated the efforts he institution—as a place where the party supermajority 60, 65, or 70 votes—in made at the beginning of the Congress that has 51 votes doesn’t run over any- order to do anything big, such as the to say we would not change the rules of body else. time when finally the civil rights bill this institution, except according to Alexis de Tocqueville said the two was enacted in the 1960s. Senator Rus- the rules, and the effort he said he greatest problems he foresaw with the sell, who led the debate against the would make at the beginning of this American democracy—this was back in Civil Rights Act, filibustered it. He was year to bring up the appropriations the 1830s—were, No. 1, Russia; and No. finally defeated. He flew home to Geor- bills and the efforts he has made to 2, the tyranny of the majority. Well, gia and said, It is now the law of the allow more amendments on a whole se- the Senate, as Senator Byrd used to so land; we support it. That is why Presi- ries of bills this year and say: Can we eloquently say, is the single most im- dent Johnson wrote the bill in the of- not go back to that, even though this is portant institution in our country, to fice of the Republican leader, even a Presidential election year? protect minority rights and minority though the President was a Democrat. The stakes are too high. As far as points of view. Sometimes we are in He wanted bipartisan support. voting on amendments, that is why we

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are here. Why would you join the league Senator STABENOW of Michigan, and we are confident that this will in turn Grand Ole Opry if you do not want to who understands this issue because in provide a better quality product to our cus- sing? That is why we are here. We are her State of Michigan they almost lost tomers. here to express the views of ourselves the auto industry. They almost lost I say to my Republican colleagues—I and the people we represent to make the auto industry. There were those do not know how they are going to sure their voice is heard, and then we who said: Let them go bankrupt. We vote, but they have not been very sup- are here to get results. know who those people are. portive of this bill—if a businessman I hope my record is a pretty good We supported our President. We had feels great because he is bringing jobs record of working to get results. I a majority who did so. We had tough home to the United States, why don’t sometimes say to my friends—they will votes, and we said: We are not going to you feel great and do your part and say: You are being bipartisan. I am not be the only industrialized country in take away tax breaks for companies interested in being bipartisan. I am in- the world to not have an auto industry. that ship jobs overseas and give them terested in results. I learned in the We looked at it as not only a jobs to companies that bring jobs home? public schools of Maryville, TN, how to issue—clearly, it is a jobs issue—but we Here is another one. count, and I know it takes 60 votes to looked at it as a national security LightSaver Technologies, in Carls- get results. So anything important we issue as well. bad, CA, makes emergency lighting for do is going to require Democrats and What this bill is about, the Bring homes. They also moved their manu- Republicans. We are going to need a co- Jobs Home Act, is making sure we see facturing back from China. They found alition of Democrats and Republicans, the words ‘‘Made in America’’ again— that making adjustments to the manu- not 51 or 53 or 54, no matter who is in we see the words ‘‘Made in America’’— facturing process is easier when the charge next year. We are going to need so it is not a surprise when we see plant is only 30 miles away, as opposed a coalition of 60 or 65 or 70 who will those words, but we say: That is right. to 12 time zones away. come around some of the most difficult It is made in America because we have Jerry Anderson, one of the com- issues we have had to face in terms of the best workforce, the best entre- pany’s founders, said: tax reform, in terms of deficit reduc- preneurs in the world, and we need the If we have an issue in manufacturing, in tion, in terms of reining in entitle- jobs here. America we can walk down to the plant What has happened over the years is ments—a whole series of issues. We are floor. We can’t do that in China. that shipping jobs overseas became a going to have to remember our pledge He says manufacturing in the U.S. is trend and a lot of important voices to the Constitution that we take at the 2 to 5 percent cheaper once he takes were heard saying: That is just the way beginning of each 6-year term, and we into account the time and trouble of it is. It is not just the way it is. If we are going to have to honor that pledge. outsourcing jobs overseas. have policies in place that incentivize That is the Senate I hope to see. Again, I say to my friends, if entre- manufacturing and production here, we That is the Senate I am working to preneurs such as these feel good about are not going to lose those jobs. But create. I wish to create an environment bringing jobs home, why are you con- what happened during these years is in which the Democratic leader and the tinuing to support subsidies to compa- that companies got a tax deduction for Republican leader can succeed on big nies that move jobs overseas? moving jobs overseas. Imagine that. We issues in helping us put together re- We are coming out of a very tough American taxpayers were subsidizing sults on the serious problems. I wish to recession—a very tough recession—and companies, giving them tax breaks for make the Australian Foreign Min- we know we need to create jobs here at moving jobs overseas. ister—a great friend of the United home. I truly wish to say to the people The Bring Jobs Home Act ends those who may be watching this debate—if States—I wish to show him we can an- tax breaks for companies that ship jobs swer his question and that we realize, there are a few; I think there might be overseas. What we do instead is say: We just a few—we have control over this. just like he does, that we are one budg- will give a 20-percent tax credit to et agreement away from reasserting We know if we give incentives to com- companies that move their jobs back panies to ship jobs overseas, their bot- America’s global preeminence and that from overseas. So they get a 20-percent we in the Senate are perfectly capable tom line is going to be changed by tax credit for their moving expenses. that. But if we give incentives to com- of doing it. So we stop giving tax incentives to By not bringing up appropriations panies to bring jobs back, their bottom companies that move jobs overseas, bills, by reverting to political exer- line will look much better. and we instead give tax incentives to cises, by leaving off the table many So we have the opportunity with this those who bring them back. important bill to move forward and amendments that need debate, and by Let me tell you the good news. The turn things around. Do not believe even suggesting we would change the good news is that there are some com- when people say: Oh, it is just the way nature of the Senate so a freight train panies that are coming back home. I it is. We are just outsourcing. That is could run through it with 51 votes, wish to highlight a couple companies the global marketplace. That is it. none of that encourages confidence in in California. If we take that attitude, the future is the ability of the United States to gov- Simple Wave, a company that makes going to be pretty bleak. Because we do ern that I think exists. snack bowls from recycled materials, have the greatest workers in the world. I know my colleagues pretty well. I relocated its production to Union City, They have the best productivity of any work hard with people on both sides. I CA, from China. Simple Wave chose to workers—the best. So why would we respect them all and their opinions and complete its manufacturing in America say: It is just the way it is. We need to I do not question their motives. It is because they said it saves time and al- fight for those jobs. We need to fight. my personal judgment that 80, 85 per- lows for greater quality control and We have to stand up to the people who cent of us on both sides of the aisle flexibility. want a result on the big fiscal issues A cofounder of Simple Wave, Rich say: It is just the way it is. It is just and on every other big issue that Stump, said: the way business is. comes here, and I would like to do my Our business is growing very quickly and When somebody tells us that kind of best to create an environment in which by having the ability to react quickly and a simple statement, we should question that could happen. provide just-in-time manufacturing will pro- it. It is the way it is for many reasons. I thank the Presiding Officer and vide the fuel to our growth. Knowing that we One of them is, we are giving incen- yield the floor. are contributing to the US economy re-shor- tives right now to companies to ship The PRESIDING OFFICER. The Sen- ing effort is a great feeling— jobs overseas. ator from California is recognized. Listen to that. This is a businessman A Wall Street Journal survey found Mrs. BOXER. Mr. President, I am who says: ‘‘Knowing that we are con- that some of our largest corporations here to speak in favor of the Bring Jobs tributing to the US economy re-shor- cut 2.9 million U.S. jobs over the last Home Act. I wish to thank my col- ing effort is a great feeling’’— decade from America, while hiring 2.4

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11510 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 million people overseas. So they cut understand. But I have to say, we can sequester in place as written would be jobs here, and they created jobs there. do this for the American worker, irresponsible regardless of the outcome So when a politician says to you: I whether they are from California or of the Presidential election. am for job creation, ask him, where. Ohio or Texas or Arizona or Maryland Think about it. If Governor Romney We want it here. We do not want it in or Kentucky—wherever they may be. is elected, he will be responsible for other countries at the expense of This is one we can do for the working managing $50 billion of programmatic American workers. We wish all coun- people and the entrepreneurs of our Na- cuts before he or a new Secretary of tries well, but we have to take care of tion. Defense has even had a chance to con- America. So I congratulate Senator STABENOW. duct a review of the Defense Depart- People talked about the uniforms at I look forward to voting in favor of the ment’s plans, programs, and strategy. the Olympics, and some said: Oh, I am Bring Jobs Home Act. And if President Obama is reelected, not going to get into that. That is not I yield the floor and suggest the ab- the arbitrary spending cuts directed by such a big deal. sence of a quorum. the Budget Control Act of 2011 that he It is important. It is important we The PRESIDING OFFICER (Mr. insisted on would eviscerate the Presi- make a conscious effort for our ath- MERKLEY). The clerk will call the roll. dent’s own defense strategic guidance letes that they do have a ‘‘Made in The legislative clerk proceeded to issued earlier this year. America’’ label. call the roll. No wonder Secretary Panetta has Many of us have had the experience Mr. MCCONNELL. Mr. President, I said these cuts would be like ‘‘shooting of using, as a fundraising tool, the sale ask unanimous consent that the order ourselves in the head.’’ The weapons of T-shirts or purses or shopping bags for the quorum call be rescinded. systems and capabilities required to or hats. Yes, it takes an effort to find The PRESIDING OFFICER. Without provide a dominant presence in the the right place to go, but those can be objection, it is so ordered. Asia-Pacific Theater, attack sub- made in America. I say it takes a little DEFENSE SEQUESTER marines, amphibious ships, marines effort for a good result. As Senator Mr. MCCONNELL. Mr. President, we afloat and ashore, the next generation REID said, we have people in the textile know with some certainty that on Jan- bomber, completing acquisition of the industry crying for work. So do not uary 20, 2013, regardless of who the F–35, and the Ford class aircraft car- just brush it off as a nonissue. It is an President is, he will swear, to the best riers will be required to deter and de- important issue. of his ability, to protect and defend the feat aggression and to project power. In California, more than 3,400 jobs Constitution of the United States; that Investments in these capabilities were lost to outsourcing this year more than 60,000 soldiers, sailors, air- must be made while we continue to alone—3,400. men, and marines will remain deployed combat and pursue al-Qaida, deploy From 2000 to 2010, the United States in Afghanistan, and that our All-Vol- and equip special operations forces, lost 5.7 million manufacturing jobs. unteer Force will stand ready to defend and, of course, seek to deter Iran. That But it is not just manufacturing. American interests in the Strait of is why the President should prepare for Science and high-tech jobs, legal and Hormuz, in the Republic of Korea, as the possibility of a possible transition financial services, business operations well as defend our allies across the in power now and should do so with the are being moved overseas as well. We globe. same foresight and concern for our op- all know we make those calls trying to Our forces will remain committed on erations that previous administrations find out something, whether it is an that day to denying the Taliban a re- have demonstrated. airline schedule or information on a turn to Afghanistan, to denying al- The last two transfers of political product, and you get the sense the per- Qaida a safe haven, to training the Af- power, that from President Clinton to son is not talking to you from an ghan national security forces, and to President Bush, and that from Presi- American city. Why on Earth would we fulfilling the operational plans of our dent Bush to President Obama, are in- give incentives to have those jobs cre- regional commanders. As important: structive in how past administrations ated elsewhere? the troops in the training pipeline and have managed the transition of the De- That is what this bill is all about. the schoolhouse, the F–35s in produc- fense Department’s leadership both in With 12.7 million unemployed people tion, and the basic research and devel- peace and in war. and only 3.6 million jobs that we have opment programs in progress will pro- Early in 2001, before the Senate ma- open nationwide, we have to find ways vide the capabilities to meet future jority changed control from that of Re- to reverse this trend. threats. publicans to Democrats, before the at- I think Senator STABENOW has hit on What is not certain is whether the tacks of September 11, and before an a very good way to start with the President who is sworn in on that day envelope containing anthrax was sent bringing American jobs home act. It is will have to attempt to manage the to the Hart Building, Secretary Rums- so easy. We want to say to companies: damage done on January 2, 2013, by feld assumed his duties as the Sec- We are for your bringing jobs back, to across-the-board cuts to the Defense retary of Defense. He informed the the extent that we will give you an ac- Department of roughly $50 billion. But Congress that he would conduct a stra- tual tax credit for doing that. It is very he will if the President and the Demo- tegic review of the Department’s plan key. crats in Congress fail to act on the cuts and programs and submit an amended So I hope we can come together to defense that the President has in- budget later in the year. across the lines that divide us, these sisted on, but which his own Secretary That document was ultimately pro- artificial lines, and work together. We of Defense has said would be ‘‘dev- vided to the Congress in June 2001. Sec- have done it on a few occasions. We did astating.’’ retary Rumsfeld had months—literally it on the highway bill. I am so pleased Let me say that again. These are months—to develop an initial plan. we were able to do it then. The Pre- cuts the President is insisting on, but And this, by the way, was prior to the siding Officer was very involved in his own Secretary of Defense says war on terror, or as we thought it then, that. It was not easy. This one is easy. would be ‘‘devastating.’’ during peacetime. The highway bill had 30 different pro- That is why I and my Republican col- At the end of the second term of grams in it. We are talking about a leagues call on the President to make President Bush, Secretary Gates found very simple premise: Right now we give his plans for these cuts clear right now. himself responsible for the first Presi- tax breaks to companies who shift jobs The President owes it to our forces dential transition during wartime in 40 overseas, and we want to end it. around the world and to their families years. Secretary Gates established a Enough. It is not complicated; it is to put a plan on the table for all to see transition staff and a briefing process easy. now rather than waiting until after the to ensure all incoming Obama adminis- Why my Republican friends cannot November elections pass. To keep these tration officials were well prepared join hands with us on this one I do not details secret and to leave the defense during a time of war. He encouraged

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11511 political appointees to remain in office our forces with an emphasis on a grow- flows from an open and free inter- and to help with the new administra- ing presence in the Asia-Pacific The- national system; and a sustainable tion. Ultimately, he ended up staying ater. The wars in Iraq and Afghanistan international order. Needless to say, on as Secretary. and the counterinsurgency strategy those interests will be extremely dif- Just consider the plight of what a used in both campaigns required an ex- ficult to maintain with a hollow force. President-elect may face in January pansion of our Marine Corps and Army Just as the next President will take 2013. Iran has shown no willingness to ground forces. President Obama has an- the oath on Inauguration Day, we too end its uranium enrichment effort. A nounced plans to reduce the Army by take an oath as Senators. We have a re- young, inexperienced, untested leader 72,000 soldiers between 2012 and 2017 and sponsibility to raise and support ar- is in charge of North Korea. The the Marine Corps by 20,000 between 2012 mies and provide and maintain a navy. Taliban patiently waits for the United and 2017. Yet the force structure re- If we let sequestration as currently States and NATO to withdraw from Af- quired to conduct counterinsurgency in written go forward and do not act, we ghanistan. And al-Qaida’s senior lead- Iraq and Afghanistan is far different will have failed. That is why I am so ership, though weakened, and al-Qaida from that required to convince friend disappointed with the President’s fail- and an affiliate remain determined to and foe alike that our presence in Asia ure of leadership on this issue and that strike the homeland. Egypt and Libya is significant and sustainable. of Senate Democrats as well. struggle with forming new govern- We must invest in a new generation Both House and Senate Republicans ments. The revolt in Syria threatens of warfighting capability. The Presi- have offered proposals to replace the regional stability, and al-Qaida affili- dent’s budget insufficiently funds this savings from sequestration with more ates stay active in Mali, North Africa, new strategy, and that is actually be- thoughtful and targeted spending cuts. and Yemen. fore sequestration. This year’s budget Both of those proposals also either As the next President attempts to request delayed construction of a eliminated or reduced the sequester on have his Cabinet Secretaries con- large-deck amphibious ship, a new Vir- nondefense programs as well. Last week, Speaker BOEHNER, Major- firmed, he will be dealing with man- ginia-class submarine, and announced ity Leader CANTOR, Senator KYL, and I aging a disruption in procurement con- the early retirement of other ships. sent a letter to the President asking tracts and deliveries, actions that are These reductions are envisioned with- him to work with us to find a bipar- likely to elevate the cost of weapons out those related to sequestration. tisan solution before the end of the fis- systems and lead to layoffs in our in- Naval, air and forced-entry capabilities cal year. With a $3.6 trillion annual dustrial base. Troops preparing for de- to combat anti-access weapons are the budget, clearly there is a smarter, ployment will see training curtailed. capabilities required under the new more thoughtful way to achieve at Permanent change-of-station orders strategy, and they are underfunded in least $110 billion in savings. will likely be delayed. Training and the President’s budget. This comes at a It is simply outrageous that this maintenance readiness levels will de- time when military expenditures in President and Senate Democrats are cline. All of this will occur while a new Asia are outpacing those in Europe. missing in action on this issue. We are administration is reviewing war plans Let me be clear. The failure of the committed to finding a solution on this in Afghanistan. administration to match the Presi- before we recess for the election. Are Think of what this would say to a dent’s budget request to his new strat- they? Or are they committed to jeop- President-elect: As you are developing egy is not an argument for growing the ardizing our national security? When your new national security strategy, defense top line, it is emblematic of will they sit down and work with us to attempting to seat your Cabinet, and the difficulty our regional commanders find a solution? assessing the war in Afghanistan, the will have in fulfilling current oper- The House overwhelmingly passed sequester will slash every program ational plans before you even get to the Sequestration Transparency Act under review. Welcome aboard, sir. You the sequester. today by a vote of 414 to 2. This bill is have your hands full. Although the administration has em- modeled after a Thune-Sessions bill. It More important is what this will say phasized that the rebalancing of our asks the President’s Office of Manage- to every soldier and marine still fight- forces in Asia is not a strategy to con- ment and Budget to submit a report to ing in Regional Command East: De- front the growth of China’s military, if Congress on the impact of sequestra- spite the outcome of the election, you we fail to match our commitment to tion on both defense and nondefense may still be fighting the Taliban, at- Asia with the requisite force structure, programs. Every single Democrat in tempting to train and mentor an Af- China’s influence, military posture, the House Budget Committee sup- ghan soldier, conducting a drawdown of and sphere of influence will actually ported it—every one. Will that bill die forces, and handing off operational re- expand. As the Pentagon’s own Annual in the Senate because Democrats not sponsibilities at the same time the Report to Congress makes clear, China only do not want to address sequestra- funding of your operational training, is committed to annual military spend- tion, they want to hide the ball on the weapons maintenance, and operations ing increases of roughly 12 percent, and impact of sequestration until after the of your base childcare center are being it has undertaken a broad-based effort November elections? If they resist this slashed. If you are wounded, the fund- to expand the capabilities of the Peo- effort to get more information on se- ing for the defense health program and ple’s Liberation Army. questration out in the open, it is clear the care you receive will also be cut. Both Secretary Panetta and General that they wish Congress to be both That is why allowing the sequester to Dempsey have made it clear that the blind and mute when it comes to our go into effect as currently written and ability of our Armed Forces to execute national defense and the fate of those as demanded, demanded by the Presi- the new strategy under sequestration who volunteer to defend it. dent, would break faith with the forces would be at risk. As General Dempsey, We need President Obama to tell this we have sent abroad. the Chairman of the Joint Chiefs, has Congress his plan for avoiding the se- To confront a new President with stated, under sequestration, ‘‘it’s com- quester, for preventing the gutting of this level of disruption as he transi- ing out of three places: equipment and his strategy, for responsibly tions to wartime command would be modernization—that’s one. It’s coming transitioning to a new Commander in deeply irresponsible. We must deal out of maintenance, and it’s coming Chief, and for keeping faith with the with defense sequestration prior to the out of training. And then we’ve warriors we have sent into combat. In election. The sequester should be hollowed out the force.’’ all of this, our overriding objective—in equally concerning to President In his new strategic guidance, Presi- fact, our duty—should be to work with Obama. dent Obama articulated a commitment the President to achieve the level of In January of this year, the Depart- to our enduring national security in- savings called for in the Budget Con- ment of Defense released strategic terests; the security of our Nation, al- trol Act without doing harm to our na- guidance that entails a rebalancing of lies, and partners; the prosperity that tional security or to our military.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11512 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 I yield the floor. pact on private sector jobs across the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- country. By one estimate, it is 90,000 ator from Arizona. ator from Texas is recognized. jobs in my State alone. So why we Mr. MCCAIN. Mr. President, may I Mr. CORNYN. Mr. President, I yield would see our colleagues and the Com- say to my colleague that I thank him to the majority whip for a unanimous mander in Chief himself wanting to for his important words, and I thank consent request. play a game of chicken with our na- the Republican leader for his commit- The PRESIDING OFFICER. The Sen- tional security and our economy is be- ment. I also point out that the Senator ator from Illinois. yond me. from Alabama, the ranking member on Mr. DURBIN. Mr. President, I have a Mr. MCCONNELL. Will the Senator the Budget Committee, has some very unanimous consent request that when yield for a question? interesting statistics that I hope in the the colloquy is finished with the five Mr. CORNYN. Yes, I will. course of our colloquy he will talk Republican Senators on the floor, I be Mr. MCCONNELL. With regard to the about—how America’s spending on de- recognized. impact on the economy, I wonder how fense has decreased over the years and The PRESIDING OFFICER. Without many Boeing employees, for example, how Draconian the effects on national objection, it is so ordered. there may be in the State of Wash- defense will be in the case of the imple- The Senator from Texas. ington. Does the Senator have a num- mentation of the sequester on our de- Mr. CORNYN. Mr. President, listen- ber on that? fense spending and the security of our ing to the distinguished Republican Mr. CORNYN. Responding to the Nation. leader, I am reminded of that question, I don’t have an exact number, We need to discuss this issue in the quotation from former Secretary of De- but I do know that by one estimate as context of what the Secretary of De- fense Robert Gates, who said that our many as 1 million private sector jobs fense said. He said that if this seques- records of predicting when we will use would be affected if this sequester goes tration is implemented, it will place military force since Vietnam is per- into effect as currently written. our national security in jeopardy. It fect—we have never been right once. We made it clear under the leader- will be, in his words, devastating. So I We live in a dangerous and unpredict- ship of Senator MCCAIN, ranking mem- believe it is important for the Amer- able world. We also know the global ber of the Armed Services Committee, ican people and our colleagues to un- economy is in dire straits, in some that we are willing to work with our derstand that the Secretary of De- places worse than others. In Europe, colleagues to try to change the struc- fense—not JOHN MCCAIN, Senator SES- relevant to the national security ques- ture of this sequester. We all believe SIONS, or any of my Republican col- tion, we can no longer necessarily de- Federal spending needs to be cut. But leagues, but the Secretary of Defense— pend on our NATO allies to step up and this is something that would, as the said it will be devastating. do what they have done heretofore be- Republican leader said and Secretary We live in a dangerous world—a very cause they have their own economic Panetta admitted, would hollow out dangerous world. If we cut defense the and budgetary problems. Talking to our national security and would be dis- way this sequestration is headed, then some of our counterparts in the United astrous. Why the President won’t lis- there is no doubt we will have the Kingdom, the British Army is being ten to his own Secretary of Defense is smallest Navy and Air Force in his- cut by 20 percent because of austerity beyond me. tory, with fewer ships than we have measures. So at a time when the world Mr. MCCONNELL. So I say to the had since before World War II, and it continues to be a very dangerous Senator from Texas, it is not just the will be a hollow force. place—and Secretary Gates said we impact on the military, which is dev- I would like to make one other com- cannot know where the next threat to astating enough, but on our economy ment as my friends join me. What is America or our allies will come from— as well, correct? our country’s greatest obligation? we are finding the capability to address Mr. CORNYN. That is exactly right. What is our No. 1 obligation, both the that threat reduced because of the The consensus appears to be—I remem- administration and Congress? It is to budgetary cuts and thus increasing the ber that Alice Rivlin, a former budget ensure the security of our Nation. That risk to not only the United States but director under President Clinton, said takes priority over every other item on to our allies as well. that if the sequester goes into effect as our agenda. So when we start talking I wish to make just one point clear. currently written and this tax increase about sequestration, that is important National security is not just one thing occurs at the same time, we will be in in its effect, but I also think it is en- on a laundry list of the things the Fed- a recession. tirely proper—in fact, it should be our eral Government can or should do, it is This is the part I really don’t under- priority to talk about sequestration’s No. 1. It is the ultimate justification stand. I think we all have been around effect on our defense. for the Federal Government to provide politics enough to know that people I will point out that all of my col- for the safety and security of the act in their own self-interest, but how leagues here know we are facing reduc- American people. When the Federal in the world could this be in the Presi- tions in defense. We already had $87 bil- Government treats national security dent’s or his party’s self-interest—it is lion implemented by Secretary Gates, just like any other expense on the gov- certainly not in the national interest— and another $400 billion has already ernment ledger, I think it denigrates to see the economy bouncing along been implemented. If we implement the priority it should be. from the bottom, with slow growth and this sequestration, it will be over $1 When I heard the Senator from Wash- the threat of a recession going into a trillion in a very short period of time. ington the other day speaking at the national election? That makes no sense We need to sit down and work to- Brookings Institute, she made an to me whatsoever. gether, Republicans, Democrats, and amazing speech in which—I am summa- I know we have other colleagues from the President—who so far has been rizing—she suggested that she and her the Armed Services Committee here completely MIA—and work this out so colleagues will be prepared to trigger a who have something to say about this. that we can avoid what can be Draco- recession unless this side would agree I will reiterate something the Repub- nian cuts and jeopardize our national to raise taxes. It is not just the expir- lican leader said. We stand ready to defense, not to mention, as I am sure ing tax provisions on December 31, deal with this issue now—sooner rather my colleague from Alabama will point which would be the single largest tax than later. To ignore this until after out, the effect on our economy—the ef- increase in American history, it is this the election, creating not only more fect on our economy of over 1 million $1.2 trillion sequester that cuts not uncertainty but the inability of our jobs lost and a reduction in our GDP. only into the muscle but into the bone Department of Defense and our mili- So this is an important discussion. of our Defense Department and our tary to provide for the protection and This is a very important debate. And if ability to provide for our national se- the security of the American people, is someone disagrees with our assessment curity needs. It also has collateral im- completely irresponsible. and that of the Secretary of Defense,

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Our budget staff has worked From the Senator’s perspective—as comes sequestration. That is over and hard to correctly do these numbers. the Senator has been on this com- above. A lot of people don’t realize it. Under the sequester, the additional mittee a long time, he has served in They think we are talking just about $492 billion in cuts, adjusted for infla- the military, and he is the ranking Re- the $1⁄2 trillion that will be cut over a tion, the defense budget over 10 years publican on the committee—in the period of time. I will use one of the would be reduced by a real 11 percent. Senator’s judgment, based on the obli- charts that was actually put together That is, one-sixth of the Federal Gov- gations we have—and I know the Sen- by the Senator from Alabama that ernment’s spending is defense. The re- ator has openly and aggressively con- shows where this stuff is coming from. maining five-sixths of the Federal Gov- demned waste and abuse in the Defense Everything seems to be exempt except ernment would increase 35 percent Department—but does the Senator the military. Food stamps, exempt 100 under the sequestration and current think the Defense Department can percent of it; Medicaid, 37 percent; and BCA policies. So again, I think that is maintain its responsibilities with this only 10 percent of the DOD base budg- clear proof the Defense Department is cut? et. So why is it we find ourselves in a disproportionately being asked to re- Mr. MCCAIN. I would respond to my situation where that is the problem? duce. friend, through the Chair, that I don’t The only thing other thing I want to Senator MCCAIN suggests another think in the dangerous world in which mention is this. I have every reason to chart. He likes my charts. we live that we can afford to have the believe, because I have heard from peo- How about the 50-year switch? It is so smallest Air Force in history, the ple in industry, the President of the dramatic. And the American people smallest Navy since before World War United States is trying to get them to have to know this. I wish it were not II, and the smallest Army since before avoid sending out pink slips until after so. I wish I could be more optimistic World War II. Most importantly, we the November 7 election. I would re- about our financial future and the ease have to continue to modernize and we mind him that we have something with which we can get ourselves on the have to continue to invest, as my called the Workers Adjustment Re- right track, but it is not going to be friend from Alabama knows. training and Notification Act—WARN easy, and this chart indicates that. The fact is we have a crisis with Iran, Act—and that requires any of these In 1963, defense made up 48 percent of we have a rising challenge with in- companies, prior to sequestration on the outlays of the United States—48 creasing activities of China, we have an January 2, within 60 days, which would percent in 1963. This was not at the unsettled North Africa, we have an be November 2, to notify people of their height of Vietnam or the Korean war Arab spring going on all over the Mid- pink slips. or anything. The entitlements of dle East, and all of these present a But this is what I wish to remind America amounted to 26 percent of the compelling argument for us to be pre- people. They do not have to wait. If budget. What has happened in the past pared to meet contingencies. they want to do it today, they can do 50 years? Entitlements have now If we were having this debate a year it. I think it is imperative the people— reached 60 percent of the budget and and a half ago, Ben Ali is in power in the workers who will be laid off work the Defense Department is 19 percent Tunisia, Qadhafi is in power in Libya, as a result of Obama’s sequestration— of the budget. Mubarak is in power in Egypt, and know in advance of the November elec- This is a dramatic alteration of there would not be a bloody civil war tion, and we are going to do everything where we are. Some of this is normal taking place in Syria. So where will we we can to make sure that happens. and natural. But I think what Senator be, I ask my friend from Alabama, a I yield the floor. MCCAIN is saying is that defending year and a half from now? I don’t The PRESIDING OFFICER. The Sen- America is a core function of govern- know. But it seems to me we cannot af- ator from Alabama. ment and we need to be sure this alter- ford to be cutting defense in this fash- Mr. SESSIONS. Mr. President, Sen- ation does not put us in the position ion. ator INHOFE referred to this chart and I where America is not properly de- Mr. SESSIONS. Mr. President, I have now had it brought over at his re- fended. value Senator MCCAIN’s judgment be- quest. This is something we prepared, I thank the Senator from Arizona. cause he has been engaged in these de- and it dispels the myth that the reason The PRESIDING OFFICER. The Sen- bates for many years. this government is running such huge ator from South Dakota. Mr. President, I want to yield to Sen- deficits is surges in military spending. Mr. THUNE. Mr. President, I would ator INHOFE because I know he wants That is an inaccurate event. say to my colleagues who are here on to share his thoughts at this time. The base defense budget from 2008, the floor that this is a defining mo- The PRESIDING OFFICER. The Sen- 2009, 2010, and 2011 increased about 10 ment for our country. The most basic ator from Oklahoma. percent. Medicaid, during the same responsibility and the most important Mr. INHOFE. Mr. President, I thank time, increased 37 percent; and food priority we have as Americans is to de- the Senator from Alabama. A lot has stamps, during this same 4-year period, fend the country. If we don’t get na- been said, and those of us who serve on doubled—a 100-percent increase. Under tional security right, the rest is con- the Armed Services Committee have the sequester, food stamps get not a versation. We can talk about all these been watching what is going on with a dime of cuts; Medicaid gets not a dime other things in the budget—we can lot of distress. I think it is important worth of cuts. These cuts are dis- talk about all the other priorities the for us to understand how we got into proportionately targeted at the De- country has, all of which are impor- this mess to start with. By his own fense Department. tant—but if we fail to defend the budget, we have a President who has The Defense Department, as the Sen- United States of America, we have given us over $1 trillion in deficit each ator says, has already taken a $487 bil- failed the citizens of this country. It is year for 4 years, totaling $5.3 trillion. lion reduction under the BCA, and due the No. 1 priority we have. It is the So that is the mess we are in that we to sequestration it would be another most important responsibility and obli- are trying to get out of. But in all that $492 billion. That is why, I believe, it gation we have as public servants here time, the one that has not been prop- has gone from belt tightening, waste in the Senate—to make sure we are erly funded has been the military. The reducing, and efficiency to producing taking the steps necessary to keep this

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The reason we are here is cent cut in the defense budget—or 50 aster to the Defense Department for because for 3 consecutive years now the percent of the cuts coming out of the these cuts to take effect. Isn’t it true Democratic majority in the Senate has defense budget on top of $487 billion in that the President is the Commander not done the most fundamental respon- cuts that were already approved last in Chief of all our military forces? sibility we have, which is to pass a year. So we are talking about another Mr. THUNE. That is correct. budget that addresses our national se- huge amount of reduction, up to about Mr. SESSIONS. Isn’t it true that we curity interests. What did we end up another $1⁄2 trillion on top of what al- are at a situation at this point in his- with? We ended up last summer with ready is $1⁄2 trillion in cuts that came tory where we are heading toward a se- the Budget Control Act—something last year. quester, and the Commander in Chief is cobbled together at the eleventh hour Remember, the defense budget, as utterly silent on how to fix the prob- to avoid a deadline on raising the debt has been pointed out, only represents lem? limit—and we put in place a process 20 percent of all Federal spending, so Mr. THUNE. The Senator from Ala- where a supercommittee would look at we are going to take half the cuts out bama is correct. That is one of the re- ways to define long-term savings so we of 20 percent of the budget. Where is markable things about this. The Com- could avoid the sequester. But the se- the proportionality in that? And as the mander in Chief, of course, is tasked quester was put in place as a result of Senator from Alabama has highlighted, with the responsibility of being just the Budget Control Act, which was put what we have done essentially is we that, the Commander in Chief. Yet in place because the Senate hasn’t have shielded many areas of the budg- when it comes to the national security passed a budget now for 3 straight et. So a lot of the things some of our interests that we have and to at least years. That is why we are where we colleagues on the other side of the aisle spelling out how he would implement are. don’t want to see cut are protected what we believe are going to be some Having said that, we need to fix the from this. Yet we are going to make disastrous cuts to the defense budget, problem. And the problem is we have huge, steep, Draconian, and dangerous he is not even informing us about what defense cuts that are going to cut very cuts in America’s national military his ideas are with respect to that so we deeply into our national security inter- and national security budget. can react to that. More importantly, ests, and we even have the Secretary of I would hope we can at least act on he doesn’t seem to be the least bit in- Defense coming out and saying these what the House of Representatives did terested in addressing this. cuts would be devastating. The Presi- earlier today by a 414-to-2 vote, pick up There is a huge silence coming out of dent’s own Secretary of Defense has that legislation, and require the ad- the White House—the Senator from made a statement to that effect. With ministration to tell us how they are Alabama is absolutely correct—and it sequestration, we would have the going to implement these reductions. has to change if we are going to be able smallest ground force since 1940, the Then let’s go to work on a bipartisan to fix this. It starts by at least him smallest number of ships since 1915, basis and try to come up with a plan presenting a plan, and the Senator and the smallest tactical Air Force lit- whereby we can avoid what will be a from Alabama and I have introduced erally in the history of the Air Force. disaster, as has been described by every legislation in the Senate that would re- That is the dimension of the problem national security expert out there, for quire that, much like what passed in we are talking about, as has been de- our national security interests. the House today, and that is where it scribed by the experts who are sup- We live in a dangerous world. We all starts. posed to know these things. As I said, can’t avoid that. The United States of Mr. SESSIONS. I thank the Senator the President’s own Defense Secretary America is looked to for leadership from South Dakota for his leadership, has made these sorts of statements. around the world. We have to continue and I was proud to join with him on One of the problems we have, of to ensure we can protect this country similar legislation to that in the course, is we don’t even know what the and America’s interests around the House. But isn’t it true that we agreed full impact of the sequester will be be- world. In order to do that, we have to last August with the Budget Control cause the administration hasn’t put a make sure our military is resourced in Act to reduce spending over 10 years by plan forward. So we are awaiting that a way that enables them to protect our $2.1 trillion; that is, reduce $47 trillion plan. Today the House of Representa- interests. We cannot continue to go to $45 trillion, and there are no tax in- tives voted 414 to 2 to require the ad- forward with this sequester, which creases involved in that? Now we are ministration to at least submit to Con- would dramatically and in a very dan- discovering that late-minute deal has gress and to the American people how gerous way harm those national secu- disproportionately impacted the De- they intend to implement sequestra- rity interests. fense Department, as the President’s tion so we can at least have a better Mr. SESSIONS. Mr. President, I ask own Secretary of Defense acknowl- idea about what these impacts will be, unanimous consent that we be allowed edged. where are they going to make the cuts, to proceed as in a colloquy so we can Should we not be able to expect that by account, so we can examine that address one another directly. the President would enter into discus- and come up with a plan, hopefully, to The PRESIDING OFFICER. Without sions about how to deal with this? Does replace those deep unbalanced cuts in objection, it is so ordered. it not seem to the Senator, as an expe- the defense budget with reductions Mr. SESSIONS. Senator THUNE is in rienced part of the leadership in this elsewhere in the budget. But we don’t the leadership on the Republican side Senate, that the President is saying: know that because we can’t get the ad- and he is in the Budget Committee and You Republicans care about the De- ministration to put forward the plan the Defense Committee and is aware of fense Department. You Republicans we need to move forward with our pro- how this all happened. So we are at a care about preserving America. But I posals here in order to do away with point where it appears to me the De- am not going to do it unless you agree what we think will be a very dangerous fense Department is being asked to to my tax increases. I am not going to cut to America’s national security. take unacceptable, disproportionate re- do, as Commander in Chief, what I I hope the Senate will do something ductions in spending that go so far as ought to be doing and providing the to address that. We can start by taking to create damage rather than improv- leadership on this because I am going up the bill passed in the House, pass it ing its efficiency. to use this as leverage against you

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11515 guys to force you to agree to a tax in- tially has cut $487 billion from our is why it is so important that we re- crease; is that the bottom line? I hate military over the next 10 years. But on solve this now. It is my hope Members to be so frank about it, but that is the top of that, there are across-the-board from the other side of the aisle will way I feel it is sort of developing; am I cuts coming in January. I think the come to the table now. wrong about that? No. 1 lesson we learned from the Budg- To put it in perspective, we could re- Mr. THUNE. I don’t think the Sen- et Control Act is when we kick the can solve and find spending reductions to ator from Alabama is wrong at all. In down the road and we don’t make the deal with not only the defense but the fact, that is what much of the news decisions right away or when we dele- nondefense part of these across-the- stories that have been printed in the gate it to some other committee to board cuts by living within our means last few days and reporting on the sub- make the decisions, when we don’t do a for 1 month within this government. It ject have said. Some of our colleagues budget in 3 years, here is where we are. is $109 billion. We need to do this for on the other side have essentially con- So we owe it to the American people to the American people. cluded this is leverage—leverage for make the decisions that need to be Our men and women in our forces of them to get higher taxes. made now. every branch of this service are so as- It strikes me, at least, that there is a It is irresponsible to put our Depart- tounding in their courage. Just one ex- tremendous risk associated with allow- ment of Defense and our military—our ample. There was a sergeant in the Ma- ing the country to go over a fiscal men and women who have fought so rine Corps who lost his leg in Afghani- cliff—which includes not only these bravely for this country—at risk be- stan and he took 1 year to recover. Draconian cuts to the defense budget cause somehow there are Members who With a prosthetic leg, he reenlisted. He but also tax increases that would occur think it is important to play roulette actually redeployed in the Marine on January 1, to go over the fiscal cliff, and to play chicken with our national Corps. Those are the types of men and risk plunging the country into a reces- security. women to whom we owe that they sion, raise the unemployment rate This isn’t just from the Senator from don’t just get pink slips because we which is already at historically high New Hampshire. Just listen to our own aren’t showing the courage that needs levels, all to prove a point about rais- Secretary of Defense. He describes to be shown right here in the Senate to ing taxes. But that appears to be—at what is coming with these across-the- come up with the spending reductions least by the reporting. There was a board cuts in January as: that don’t put our country at risk. Our Commander in Chief should be story in the Washington Post over the Devastating. Catastrophic. Would lead to a leading that effort. Unfortunately, all weekend that said: Democrats threaten hollow force incapable of sustaining the mis- we have seen so far from the President going over the fiscal cliff basically to sions of the Department of Defense. is punting this issue. I would call upon get higher taxes out of Republicans. He has compared sequestration or him and Members of both sides of the That, to me, seems like a terrible these across-the-board cuts to ‘‘shoot- aisle to come together to resolve this. trade to make, to risk the country ing ourselves in the head, inflicting se- We should resolve this before the going into a recession, to risk these vere damage to our national security.’’ election. If we wait until after the elec- To the point the Senator from Ala- tremendous cuts in our national secu- tion, then our Department of Defense rity priorities, just simply so they can bama made as well as the Senator from is going to be under this cloud of un- get higher taxes. South Dakota, which is the President certainty. Our men and women in uni- Mr. SESSIONS. I think so. I would who is the Commander in Chief of this form need to know we will not break just say this—and I am so glad our col- country, I would call upon him: Mr. faith with them, that we will stand league Senator AYOTTE is here. President, lead an effort to resolve with them, that we are not going to use One thing more I would say about it this. We can come up with alternative them as a political football for other is the agreement last August was to spending reductions. Yes, we need to issues because, on a bipartisan basis, raise the debt ceiling $2.1 trillion and cut spending, and I will be the first to we should stand with them, with our to reduce spending over 10 years $2.1 stand in line to say we need to make national security. trillion. It did not include a tax in- sure we make those spending cuts. But In addition, one of the reasons we crease. let’s not do it at the sake of our mili- should resolve this before the elections What we are saying is we need to tary. is it is not just about the safety of our simply reorganize how all those cuts If the Presiding Officer doesn’t want country, which should come first and fell so they are more realistic and the to listen to me, the Senator from New foremost, but we are also talking about government is not so damaged, and we Hampshire, please listen to your own nearly 1 million jobs in the private sec- don’t need to have agency after agency Secretary of Defense and make sure we tor in our defense industrial base, totally exempt from any cuts. do not undermine our national secu- based on a report from AIA and George We are glad to have Senator AYOTTE rity. Mason University—just looking at de- here. She is a new member of the I serve as the ranking Republican on fense, 1 million jobs. Armed Services Committee and the the Readiness Subcommittee. I asked Those jobs are the manufacturers, Budget Committee. She is a fabulous the Assistant Commandant of the Ma- both large and small, that build the new addition to the Senate. Her hus- rine Corps: What is the impact on the equipment, the protection, the weapons band is a military officer. She has con- Marine Corps from these across-the- systems our men and women in uni- tributed greatly to our discussion. board meat axe cuts that are coming in form need to fight the wars we ask The PRESIDING OFFICER. The Sen- January to our military? them to do to keep them safe and pro- ator from New Hampshire. Already the Marine Corps, under the tected. If we lose that capacity, not Ms. AYOTTE. Mr. President, I wish initial reductions, is going to be re- only do we lose the jobs that are good to thank Senator SESSIONS. I appre- duced 20,000. If this goes forward, this jobs in this country, but we also lose ciate his leadership as the ranking irresponsible way of treating our mili- capacity, which is very much a part of member on the Budget Committee and tary and our Department of Defense, the defense of this Nation. Under Fed- also as a senior member of the Armed the Marine Corps will take another eral law, these companies will be re- Services Committee. 18,000 reduction. The Assistant Com- quired to issue, under the Warren Act, This is so troubling, where we are mandant of the Marine Corps said: The notices of layoff, potential layoff 60 right now with respect to our Depart- most shocking thing to me is actually days before it happens, which brings us ment of Defense, our military—the something that keeps me up at night; to November. most important constitutional func- that is, he said, the Marine Corps will That is why we need to address this tion we have as a government to make be incapable of responding to one sin- issue before the election as well. We sure the American people are safe. gle major contingency. should not put all those Americans Essentially, where we are is the Think about it. Think about it in who work for those companies and Budget Control Act, as described, ini- terms of protecting our country. That those companies at risk.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11516 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 Yesterday, AIA also issued a report growth in spending as a percentage of missiles, or the paychecks for our sol- looking at the nondefense implications those budgets. Defense spending, diers, we borrow 40 cents for every dol- of sequestration. If we put it all to- through those 3 years, increased 11 per- lar we spend. No company, no family gether, it is over 2 million jobs in this cent. The non-defense discretionary could survive borrowing 40 percent of country that are at issue. spending increased 24 percent. That is a everything they spend. That is a fact. We should get to the table right now, rate of more than twice as fast. So it is So we need to be serious about reduc- resolve this, cut the spending in a re- not surging defense spending that is ing this deficit. sponsible way that doesn’t add a na- driving up the cost of government as We are confronted, however, with a tional security crisis to our fiscal cri- much as the increase in the non-de- reality in terms of our economy. Since sis. We can do it, but we aren’t going to fense spending. 2008 we have had a weak economy. We do it if we continue to put off the dif- One more chart that should make us have had a recession that has killed off ficult decisions, if we kick this can all nervous. This is a Congressional a lot of jobs. We are coming back but down the road again, if we use this as Budget Office estimate of interest slowly. If we are not careful in the way roulette or chicken or in some other costs on the debt we are now accumu- we reduce the deficit, we can make it debate in December. lating. We are now at $16 trillion in worse. I think everybody agrees with This needs to be resolved right now debt. Every penny of that is borrowed that premise on both sides of the aisle. for our men and women in uniform who money. We have to pay interest on that So we have a massive deficit, and we have shown the courage, the tenacity, $16 trillion. We are adding $1 trillion a have a weak economy. We have to be and the love of country. They have year to it. We have added $1.2-plus tril- careful how we reduce spending and done so much for us and they deserve lion for each year for the last 4 years. raise revenue in a way that doesn’t kill better from us than to use them as a According to the CBO, in 2019, just 7 off the recovery. Ultimately, we cannot political football in some other debate. years from now, interest will exceed have a strong American economy un- I urge my colleagues from both sides the Defense expenditures. The amount less we start putting people back to of the aisle to come to the table now. of money we spend servicing the debt work in larger numbers. I think both I urge the President to come and lead that we have run up will exceed the De- sides will agree on that. this effort so we can resolve this issue Here is an area where we start to dis- fense Department and surge past it. on behalf of the American people. If we have a situation that could hap- agree. How do we achieve this? Several I yield my time to the Senator from years ago the majority leader, Senator pen as is now happening in Europe, and Alabama. REID, asked me to serve on the Simp- the interest rates surge faster, that Mr. SESSIONS. I thank the Senator son-Bowles Commission. I sat for over number could be a devastating number from New Hampshire. She made a great a year listening to testimony about to the economy. It is a matter of great series of points. One of the most dra- ways to reduce the deficit. At the end concern to us. matic, is that we should not be wait- of the day I came to a conclusion that That is why we have to contain ing. turned out to be bipartisan, and 11 out spending. The Defense Department has This is going to cost the Defense De- of 18 of the members of the Commission to reduce spending. We support the $487 partment tremendous amounts of voted for it—Democrats, Republicans, billion in cuts they are working on money. Private contractors may well public members. assess against the Department of De- today, but the additional $492 billion is It basically said this: Any honest ap- fense costs for confusion and delays. so large that it does damage to the De- proach to reducing our deficit puts ev- I just want to wrap up with these fense Department and actually will erything on the table—everything. It three charts. cost us money by making rapid reduc- puts spending cuts on the table for One of the myths is the reason the tions in spending in such a way that sure, but it also puts on the table rev- United States is running the largest cannot be accommodated in any ra- enue. And entitlements. deficit in its history is the wars, the tional way. I can tell you, there is a great deal of Afghan and Iraqi wars. We ran the I believe if we work together, get this pain in addressing some of these issues. numbers on that. The war outlays rep- thing on the right path, be honest with On the Republican side of the aisle resent only 4 percent of defense spend- ourselves about how much we can re- when you say the word ‘‘revenue’’—I ing. That is a lot, but it is only 4 per- duce the defense budget without hurt- wouldn’t dare use the word ‘‘taxes’’— cent. It is not the biggest part of it. In ing our security, I believe we can work but when you say the word ‘‘revenue’’ 2001–2011 it totaled $1.1 trillion during out something before the end of the they race for the door. that time; 2001 through 2011 we spent year. But I tell you, the President is On our side of the aisle, when you $1.1 trillion on both wars in Iraq and going to have to get engaged. He can- mention the entitlements—my col- Afghanistan. not just sit back and think he is going league from Vermont and I and many During that same time—this rep- to use this for leverage to raise taxes others share a real concern about the resents the rest. The red represents the as it appears to me he is doing. I know future of programs such as Social Secu- remaining expenditures of the U.S. others want to speak. rity, Medicare, and Medicaid, the basic Government, 96 percent. It is not so I yield the floor. insurance policy for senior citizens of that defense and the war have caused The PRESIDING OFFICER. The Sen- America and the safety net for the poor the deficit we are in. Indeed, last year ator from Illinois. and disabled. So you can understand our deficit was about $1.3 trillion. The Mr. DURBIN. Mr. President, for the this becomes extremely difficult in entire 10 years of the war effort last hour my friends on the Republican terms of cutting spending, raising rev- amount to less than 1 year’s deficit side of the aisle have had the floor, and enue, reducing the deficit, and not kill- last year. In fact, we have averaged they have presented their point of ing off an economic recovery. over $1.2 trillion for the last 4 years in view. I would like to—and I am joined What happened last year? Last year deficits. For one year, you could elimi- by the Senator from Vermont—I would we faced what is called the debt ceil- nate the entire Defense Department, like to spend a few moments, if I can, ing. The debt ceiling is a vague term all $540 billion of it, and you would not reflecting on what they said and per- that not many people understand. Let cut the deficit in half. You can add the haps making some observations that me try to put it in simple words, if I war costs to it, which is a little over disagree with some of their conclu- can. $100 billion, and it is still less than sions. The debt ceiling is America’s mort- half. It is not so that the reason this There are some points on which we gage. America’s mortgage is growing in country is in financial trouble is that agree. The deficit is a serious national size, unlike many home mortgages defense and the war have caused the problem. Right now we are borrowing which go down. America’s mortgage is deficit. 40 cents for every dollar we spend. growing because our national debt is There are other factors going on. Whether we are spending that dollar on growing. Periodically, we have to bor- From 2008 through 2010, this shows the education, student loans, food stamps, row more money to cover what we have

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11517 spent. So Members of the Senate on Senators in describing the defense se- also want to be realistic about the de- both sides of the aisle who vote for the questration cut, and every one of them fense budget. It is a big budget. spending—whether it is for a war or for came to the floor to condemn it. The The last time the Federal budget was education or health care—ultimately words they used in describing it are in balance was about 10 years ago, and know the day will come when we have ‘‘predictable,’’ ‘‘devastating,’’ ‘‘arbi- we hit the sweet spot when it came to to borrow more money to cover the 40 trary,’’ ‘‘irresponsible’’—one after the taxes and revenue on one side and percent of what that expenditure is other. That is how they described this. spending on the other. The sweet spot that we are not raising in revenue. Then I asked my staff to please get was 19.5 percent of our gross domestic The debt ceiling came up for us to me a copy of the rollcall of Senators product. That is the sum total and consider last year, and for the first who voted for this option. Of the Sen- value of all the goods and services pro- time—the first time—the Republicans ators—Republican Senators—who duced in America. So we raised 19.5 in the House and Senate said: Let’s de- spoke on the Senate floor this after- percent of our gross domestic product fault on the national debt. noon protesting the defense sequestra- on taxes and that is how much we What would happen if you started tion as devastating, irresponsible, and spent. We were in balance 11 years ago. missing mortgage payments at home? arbitrary, the following Republican What has happened since? Senator After a month or two somebody might Senators voted for it: Senator MCCON- DAN INOUYE, chairman of the Senate give you a phone call. Then on the NELL of Kentucky, Senator MCCAIN of Appropriations Committee, told us. third month you might get a letter Arizona, Senator THUNE of South Da- Since the budget was last in balance, from a lawyer. On the fourth month kota, and Senator CORNYN of Texas. In domestic discretionary spending for you might be in foreclosure pro- fact, the entire Republican leadership things such as education, health care, ceedings. In other words, you were not team voted for what they are now correction systems, highways, and all a trustworthy borrower and your credit branding as devastating, arbitrary, and the nondefense items in our budget has rating is being destroyed by your fail- irresponsible. So it is a little hard for not grown at all. It flatlined, zero ure to pay your bills. me to understand how on this date, Au- growth. When it came to the entitle- The same thing would happen to gust 2, 2011, in the early afternoon, ment programs, such as Medicaid, America if we did not pass the debt they could vote for this and now come Medicare, veterans programs, and the ceiling, if we did not extend our mort- to the floor and condemn it. like, they have gone up about 30 per- gage, if we did not make our timely Here is the reality. The reality is we cent in costs since the budget was last payments on our debt. But that was need to deal with our deficit in a re- in balance. what the Republicans threatened. So in sponsible fashion. We need to keep this What about the defense budget? What order to get through this crisis, the economy moving forward. In order to has happened to the defense budget possibility that our entire economy deal with the deficit in a responsible since we had a balanced budget? It has would shut down over this default on fashion, I still believe the Bowles- gone up 73 percent. Zero on domestic our national debt, we came up with a Simpson approach is the right ap- discretionary, 30 percent on entitle- plan. Here is what the plan was. ments, 64 percent on the military side. We would create a bipartisan House proach—put everything on the table So what happened in the last 10 years? and Senate supercommittee. We said to and work through it in a responsible that supercommittee: Come up with way. I thought it was right then; I still There were two wars we didn’t pay for, $1.5 trillion in deficit reductions over believe it is right. a dramatic buildup in the military, and I am troubled, though, by this con- the next 10 years—$1.5 trillion in def- the reality is all of it was added to the icit reduction. We did not say to the cept about defense spending. Let me debt. When we had the Simpson-Bowles committee how to do it, but we told confess my own personal family feel- them if they fail to come up with this ings. An hour ago my nephew Michael Commission, we brought in experts savings of $1.5 trillion over the next 10 Cacace, who is in the 10th Mountain from the Department of Defense and years, there will be automatic spending Division out of Fort Totten, NY, came asked them a lot of questions about cuts—automatic spending cuts called to visit me upstairs. He was a sight for our spending over there. There were sequestration. We said specifically sore eyes. I hadn’t seen him in a long some things there that were troubling. what they would be: $500 billion from time. A little over a year ago he was a The F–35, which is supposed to be the defense spending, $500 billion from non- doorman letting people into the gallery fighter of the future, ends up dramati- defense spending. That was the alter- upstairs, and then he enlisted in the cally overspent. There were cost over- native. Reach an agreement, cut the U.S. Army and spent a year in Afghani- runs in every direction. You may have deficit, or face this automatic penalty. stan. I thought about him every single heard a lot about the Solyndra energy What we have heard on the floor of day. We sent him care packages and project. The cost overrides on the F–35 the Senate today are the protests of a got notes back from him and occa- project are more than 10 times the half dozen or more Republican Sen- sional e-mails, and in he walks to my money we lost on the Solyndra energy ators to what we are now facing. You office today safe and sound. I couldn’t project. There has been a dramatic see, the supercommittee could not have been happier to see him. In just a overrun on some of these major weap- reach an agreement. There was no few weeks he is off to Korea. He has 2 ons systems. agreement because basically the Re- more years in his commitment to the We then asked the Department of De- publican side refused to even consider Army. fense: How many contractors do you raising revenue—raising taxes on any- I thought about him—and think have working for you, not including ci- body over the next 10 years. So the al- about him and so many others like vilian employees, in the Department of ternatives were to continue to cut him—every time the issue of America Defense or uniformed employees? Their spending and/or cut Medicaid and Medi- and the military came up. While Mi- answer to us was very candid: We don’t care. chael and so many others are risking know. We really don’t. We hire con- It broke down. So the automatic their lives for our country, we can do tractors, and they hire people. We have spending cuts, sequestration is now nothing less than to keep them safe— no idea how many people work for us. looming. January 2 they are looming as Michael was able to do. I am com- It could be a million people, it could be as a possibility. The protests on the mitted to that personally, politically. 3 million people. It raises a question in floor today from Republican Senators To suggest that any of us, in either my mind: Can we be safe as a country are over the possibility of a $500 billion party, would jeopardize the defense and and still save some money at the De- cut in defense spending over the next 9 security of America for political rea- partment of Defense? I think we can. years, $55 billion a year—not an incon- sons I do not accept. Everyone here is What I hear from the Republican side sequential cut by any means. committed to the basic premise of of the aisle is: Keep your hands off the Here is what is interesting. I asked keeping America safe and standing be- Department of Defense. Well, I don’t for the transcript from the Republican hind our men and women in uniform. I want to cut them and jeopardize our

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.000 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11518 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 security or endanger our servicemen, families. They can’t make it on what I yield to my colleague from but I do believe money can be saved they are being paid. They are strug- Vermont, Senator SANDERS. there. How did we find ourselves in this gling from paycheck to paycheck. At The PRESIDING OFFICER (Ms. KLO- position where we are even considering the end of the month, they are looking BUCHAR). The Senator from Vermont. these cuts? Because the Republicans for something to put on the table. Mr. SANDERS. I thank the Senator have steadfastly refused to consider Sadly, families who have an income from Illinois. revenue. still qualify for food stamps because Mr. SANDERS. Madam President, I Before you took the chair, Madam their income is too small. appreciate the remarks of the Senator President, our colleague and friend The Senator from Alabama said the from Illinois, and I wanted to amplify Senator MERKLEY of Oregon sent me a food stamp costs have gone up way too on them a little bit. But before I do, I note to ask Senator SESSIONS of Ala- high. True, they are high, but they re- wanted to mention something we don’t bama a question. I want to read it. He flect the state of the economy and the talk about enough here on the floor of said: Ask Senator SESSIONS the fol- troubling challenges that face working the Senate. lowing: What is more important, tak- families and poor families across In New England, and I’m sure in Min- ing care of our national security or giv- America. He also made a point of say- nesota, we have a lot of sports fans. ing bonus tax breaks of over $100,000 a ing the entitlement payments are When we are interested in baseball, person for the richest 2 percent of going up dramatically. Why? Because basketball, football, hockey, or what- Americans? What the President has today in America 10,000 of our fellow ever, the key question everyone always proposed is that we cut the tax breaks citizens reached the age of 65. Yester- asks is: Who wins and who loses? Well, off at $250,000 of income, and it means day was the same thing, tomorrow is I think it is appropriate that in terms the top 2 percent of Americans would the same thing, and for the next 18 of the economy, as it currently stands, pay more. They would pay the rate years it will be the same thing: The we should also ask that simple ques- they used to pay under President Clin- boomers have arrived. And when they tion: Who is winning and who is losing? ton, and the Republicans have said: No arrive at age 65, they look around and Let me discuss that for one moment way. President Obama’s tax proposal say: Well, we paid in all of our lives for before I get into deficit reduction. would save us $800 billion. The Depart- Social Security and Medicare. Aren’t We don’t talk about it almost at all ment of Defense cut over 9 years is $500 we qualified? Aren’t we entitled to our on the floor of the Senate. The media billion. So the Republicans here, al- benefits? doesn’t talk about it terribly much ei- most to a person, are basically arguing Is the Senator from Alabama sug- ther. But the reality is we have the that rather than raise taxes on the gesting we walk away from those com- most unequal distribution of wealth richest 2 percent in America at all, we mitments? I don’t think that is fair. and income of any major country on would run the risk of jeopardizing our We can make these better programs, Earth and more income and wealth in- national security. That is a false we can make them more efficient, but equality in this country than at any choice. We can have a strong national we certainly don’t want to give up on time since the late 1920s. defense and we must, but we can also our commitment to Medicare, for ex- Today the wealthiest 400 people own have a rational approach to reducing ample, as the Paul Ryan budget did. I more wealth than the bottom half of our debt. think that is a serious mistake. America, which is about 150 million Our military is the best in the world, To my friends on the Republican side people. We could squeeze 400 people the biggest in the world, and larger of the aisle, I think the message is into this room, and if they were the than most other nations—the next 10 clear: You voted for this, so don’t keep wealthiest people in America, they combined—and it is dramatically larg- coming to the Senate floor and criti- would own more wealth than the bot- er than any potential enemy of the cizing it. They knew what they were tom half of America. United States. It has kept us safe as a voting for. It said if you failed to reach A report came across my desk yester- Nation, and we want it to continue to a bipartisan agreement on the super- day which I want to share with the do so. The men and women who serve committee, this is what we would face. American people. This is quite incred- us in the military are the best, but we Secondly, we can solve this problem ible and kind of tells us where we are can save money in the Department of still. We can avoid sequestration with a moving as a Nation, and that is that Defense. We can do it and reduce the bipartisan approach that considers all today the Walton family of Wal-Mart deficit. of the key elements to bring deficit re- fame—the folks who own Wal-Mart— What we need from the Republican duction in a sensible and thoughtful now owns more wealth than the bot- side of the aisle is the willingness we way, that doesn’t kill our economic re- tom 40 percent of America. One family found in the Simpson-Bowles Commis- covery. owns more wealth than the bottom 40 sion of a few Republicans to step up Third, I will never question any col- percent of America. and say: Yes, we need to put everything league’s commitment to the safety and Today the top 1 percent owns 40 per- on the table. Let’s avoid deep cuts ei- security of this Nation, and I hope our cent of the wealth of the country. I ther on the domestic side or the de- friends on the other side won’t either. think a lot of people are very surprised fense side. Let’s basically come up with Everyone is committed to that, and we by that number. The top 1 percent an approach that is fair across the are committed to our men and women owns 40 percent of the wealth of Amer- board, and we can do it. Let’s spare in uniform. Now let’s do them proud ica. But what people would be far more those who are the most vulnerable in and make America’s economy stronger shocked at is if we asked them how America, the homeless and helpless. and make America stronger. Let’s in- much the bottom 60 percent of the For goodness sake, we all care for vest in what we know will make us a American people own. I have done this. them. We should all care for America’s strong Nation. In addition to our mili- In Vermont, I have asked people. They needy. Those programs have to be pro- tary, let’s invest in our schools and say: 10 percent, 20 percent. The answer tected. education, research and innovation, is less than 2 percent. The top 1 percent When the Senator from Alabama clean energy projects that offer an op- owns 40 percent of the wealth of Amer- comes to the floor and decries the fact portunity for 21st century leadership ica. The bottom 60 percent owns less that more people are using food for America, the infrastructure which than 2 percent. The bottom 40 percent stamps, I say to my friend from serves our country from one side to the of America owns three-tenths of 1 per- Vermont, who has probably seen the other and keeps products moving and cent, less than one family—the Walton same thing I have: Meet these families keeps America competitive. We can family—owns. on food stamps. make the investments in these key Why is that important? It is impor- Meet them when you go to the soup areas and not jeopardize our national tant because it tells us from both a kitchens and when you go to the food defense. We can do that and reduce the moral and economic perspective the di- pantries. Many of them are working deficit. rection we have to move in terms of

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11519 deficit reduction. I find it a little bit are a bunch of crooks. We deregulated cause so that my Republican friends— amusing that some of my Republican them, and they did what many of us all of them—want to cut it and some friends come to the floor of the Senate thought they would do: they began ex- Democrats may want to cut it? Well, and say: We are deficit hawks. We have changing incredibly complicated finan- the answer is zero, and everybody in got to cut, cut, cut. We are worried cial transactions, which took this America back home understands it, be- about our kids, we are worried about country to the verge of an inter- cause Social Security is funded by the our grandchildren, and we are worried national financial collapse. And our FICA tax, by the payroll tax. Social about borrowing money from China. friends on Wall Street needed their Security does not get general fund They have a whole set of talking welfare payment from the middle class money, it comes independently. Social points. They are worried about the def- of America—$700-and-some billion of Security, according to the Social Secu- icit. welfare payments for Wall Street—to rity Administration, has a $2.7 trillion I am worried about the deficit, every bail them out. The Fed provided $16 surplus—let me say it again: surplus— American should be worried about the trillion in low-interest loans on a re- to pay every benefit for the next 22 deficit, but I have a question to ask volving loan basis. So in the midst of years. Why do they want to cut Social some of my Republican friends who all of that, what ended up happening is Security? Go ask them. I don’t know. today are great deficit hawks and that that revenue is now down to 15.8 per- It certainly doesn’t make any sense to is: Where were they a few years ago? I cent of GDP, which is the lowest me. It should not be part of any deficit voted against the war in Iraq for a amount of revenue per GDP we have reduction effort. But it is not just So- number of reasons, not the least of seen in a very long time. cial Security that is under attack. which is it wasn’t paid for. The war in So we go into two wars and don’t pay They want to go after Medicare. They Afghanistan wasn’t paid for. I find it for them; we give tax breaks to billion- want to go after Medicaid. They want kind of interesting that former Presi- aires; we deregulate Wall Street, which to go after nutrition programs for el- dent Bush, who was a great deficit causes a recession; revenue declines as derly people and for children. They hawk, and all of my Republican friends a percentage of GDP; and we have a se- want to go after Pell grants. You name who are great deficit hawks went not rious deficit crisis, which is where we the program that benefits working- just to one war, they went into two are right now. We have a $16 trillion class and middle-class families, and wars. And you know what. It just national debt. I think it is a $1.2 tril- they want to go after it. slipped their minds. They forgot to pay lion-a-year deficit—a serious situation. What about asking the wealthiest for it. We all have slips of memory. How do we deal with it? Everybody people to pay a nickel more in taxes? You go to the grocery store and forget here recognizes that it is a problem. We Oh, we can’t do that, just can’t do to buy the container of milk your wife don’t want the younger generation to that—moral objection to having bil- wanted you to buy. It just slipped their have to pick up this national debt. How lionaires, who are doing phenomenally mind. They were so busy talking about do we deal with it? well and who are now paying the low- the deficit, they went into two wars Well, my Republican friends have a est effective tax rate they have paid in that cost trillions of dollars and forgot great idea. Let’s see. We went to two a very long time—we cannot allow to pay for them. Today they have no- wars and didn’t pay for them; tax them to pay a nickel more in taxes. It ticed and it has come to their atten- breaks for the rich; deregulated Wall is far more important to cut Social Se- tion that there is a deficit. Street; a recession. Oh, I know how we curity, Medicare, Medicaid, and edu- I voted against the war in Iraq. I am can deal with the deficit. Let’s cut So- cation. not so sure many of them did. cial Security. That is a good idea. Well, I think that set of priorities is The second issue. If we go on a shop- After all, we only have 50-some-odd dead wrong, and I think the American ping spree or a gambling spree or what- million people on Social Security. Why people think those priorities are dead ever it may be and we spend a lot of don’t we come up with a chained CPI? wrong. We have to work together to money, give away a lot of money, we Nobody outside of Capitol Hill knows make sure that doesn’t happen in some have less money. Our Republican what a chained CPI is. And to any sen- kind of grand plan or whatever it is. friends fought for and created huge tax ior citizen, somebody on Social Secu- Yes, we can deal with the deficit. We breaks for the wealthiest people in this rity, who is watching this, please don’t should deal with the deficit but not on country. Hundreds and hundreds of bil- laugh, but I do want to tell you what a the backs of the elderly. lions of tax dollars in tax breaks went chained CPI is. You will think I am not Millions of senior citizens of this to the top 1 percent, went to the top 2 telling you the truth. Check it out. I country are living on $12,000, $13,000, percent. So our deficit hawk friends am. $14,000 in Social Security—it is either who come down here every day to tell There are people here in the Senate all or most of their income—and people us how concerned they are went into and in the House who think your here are talking about cutting Social two wars they forgot to pay for, and, COLAs have been too large; that the Security? We have 50 million people for the first time in American history, formula that determines COLAs—cost- who have no health insurance. We have they actually gave tax breaks to the of-living allowance increases for sen- 45,000 people who died this year because very rich while they were at war. iors—has been too generous. they didn’t get to a doctor on time, and Furthermore, one of the major prob- Now, the seniors are saying: What is people say: Let’s take our kids off Med- lems our country is facing now in this guy talking about? How can it be icaid. Let’s take lower income people terms of the deficit, which Senator too generous when for the last 2 years off Medicaid. What happens? Let’s do DURBIN touched on, is that because of we didn’t get any COLA? At a time away, says the Ryan budget, the Re- the recession, which was caused by the when our prescription drug costs are publican budget, with Medicare as we greed and recklessness and illegal be- going up and our health care costs are know it. Let’s give people an $8,000 havior of Wall Street—and many of my going up, what are they talking about? check instead of Medicare. Well, a per- Republican friends and some Demo- Well, you are right, I say to those son has cancer or heart disease, and we crats told us awhile back when I was in back home, they are a little bit off have an $8,000 check for them to go out the House how important it was to de- their rocker. The idea that they could and get private insurance. How many regulate Wall Street, to allow the large think that after 2 years of zero COLAs, days do my colleagues think they are commercial banks that have merged those are too large, and that we have going to stay in a hospital with cancer with the investor banks to merge with to create a new formula to reduce on $8,000? Not a whole long time, but the insurance companies, and just get COLAs—that is what people—certainly that is what their plan is. the government off the backs of these Republicans and some Democrats—are So we are now in the midst of a great honorable people on Wall Street who talking about right now. philosophical and economic debate. are looking out for the American peo- So what about Social Security? How The rich are getting richer, and our Re- ple. It turned out, of course, that they much of the deficit did Social Security publican friends want to give them

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11520 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 more tax breaks. The middle class is continue our normal, business-as-usual things with his hands for years and collapsing. Our Republican friends trade agreements that fail to hold our now has gone from $17 an hour to $11 an want to cut Social Security, Medicare, trading partners responsible. hour—and still has to provide for his and Medicaid. We know what happened in the early family. In terms of defense spending, I would 1990s with the North American Free It is just this simple: enforcement just say this: Everybody here agrees we Trade Agreement. We know what hap- and accountability must be at the want and need a strong defense. Do we pened in the late 1990s with the perma- heart of our trade commitments with really have to spend more on defense in nent normal trade relations with every single country in the world. the United States of America than the China. Look at the most recent events Granting Russia PNTR; that is, rest of the world combined? We spend around the U.S. Olympic Committee granting Russia permanent normal more on defense than the rest of the and these American athletes, with hun- trade relations, is important for U.S. world combined. Do we really have to dreds and hundreds of them soon to pa- businesses. It could be a major step to- do that? We spend 4.8 percent of our rade down the streets in London, Eng- ward boosting exports of machinery, GDP on defense. land, wearing clothes made in China. If aerospace products, and other manu- Our European allies, by the way, pro- that does not tell somebody about our factured goods. I get that. I support vide health care to all of their people trade relations with China. that. It could be helpful to Ohioans as a right. Our European allies provide, We need to do it right because we who produce nearly 328 million pounds in many instances, college education know what happened not too many of chicken. It could be helpful to hog free to their young people—not $40,000 years ago with the Central American farmers around Johnstown, OH, and or $50,000 a year. Our European allies— Free Trade Agreement, so-called pork producers throughout Ohio and and I say this in all due respect to CAFTA. The American people recog- throughout the United States. them; I respect that, and it is what we nize that. But we need to ensure our manufac- should be doing—provide excellent Too often we have allowed countries turers, our ranchers, and our producers quality childcare to their working fam- to violate their trade commitments are not economically hogtied, if you ilies. Our European allies spend 2 per- with detrimental consequences to our will, by our trading partners. U.S. cent of their GDP on defense. own industries, especially our manu- workers have learned the hard way We spend 4.8 percent. facturing. that promises about strict enforcement So we are in the midst of an inter- Between 2000 and 2010, we lost one- simply do not go far enough and are esting moment. I hope the American third of our manufacturing jobs in this simply too often empty. people become engaged in this debate country. More than 5 million manufac- A decade of experience with China’s because I think, by and large, the posi- turing jobs disappeared. Madam Presi- failure to abide by its WTO commit- tion the Republican Party is taking— dent, 60,000 plants closed. That is not ments has provided ample evidence tax breaks for billionaires, cuts in So- by accident. That globalization evolved that we must strengthen our enforce- cial Security, Medicare, and Med- that way. It was because of trade law ment regime. icaid—is way out of touch with where and tax law in our country that gave How many Senators who voted for the American people are today. incentives in far too many cases for permanent normal trade relations with I hope we have a serious debate on companies to shut down in the United China, how many Congress men and these issues. I hope the American peo- States and move overseas. women who voted for permanent nor- ple join us, and I hope the road we go We know a number of large American mal trade relations with China have down in terms of deficit reduction is businesses have decided their business come to the floor and complained one that is fair to working families and plan is to shut down production in San- about China breaking the rules? They the middle class, and that means ask- dusky or Hamilton, OH, and to move have attacked China because China ing the wealthiest people in this coun- production to Shihan or Wuhan, China cheats. They have complained to China try and the largest corporations in this and sell those products back into the on the Senate floor. They have gone to country to start paying their fair share United States of America. the International Trade Commission of taxes. Never, to my knowledge, in world saying China is not playing by the With that, I yield the floor and note history has a large number of compa- rules. Yet they voted for PNTR a dozen the absence of a quorum. nies in one country put together a years ago. The PRESIDING OFFICER. The business plan such as that: Shut down But put that aside, make up for it by clerk will call the roll. production in the home country, move passing a Russian PNTR that has real The assistant bill clerk proceeded to it overseas, and sell back those prod- commitments, has real language, not call the roll. ucts into the home country. By and just for reporting language but for en- Mr. BROWN of Ohio. Madam Presi- large, it has not worked for our coun- forcement language. dent, I ask unanimous consent that the try. Part of the result is a diminished After 10 years, after hundreds of order for the quorum call be rescinded. middle class with stagnant wages. thousands of American jobs lost, we The PRESIDING OFFICER. Without That is what we need to make sure are seeing the same arguments we saw objection, it is so ordered. we understand as we go, with eyes wide for PNTR made in support of granting Mr. BROWN of Ohio. Madam Presi- open, into this PNTR with Russia. Russia WTO membership. dent, I ask unanimous consent to speak Too often we compromise our values Our experience with China has shown for up to 10 minutes as in morning in these trade agreements, we com- we must ensure that our trading part- business. promise our commitment to upholding ners follow through on their commit- The PRESIDING OFFICER. Without human rights. ments. Our workers, our farmers, our objection, it is so ordered. Granting Russia PNTR status with- ranchers, our producers, our manufac- RUSSIA PERMANENT NORMAL TRADE RELATIONS out oversight is another such deal in turers should have confidence that if a Mr. BROWN of Ohio. Madam Presi- the making. We have a responsibility trade deal is signed, it will actually be dent, I rise because the pending pro- to American steelmakers and welders, enforced. posal to grant permanent normal trade the companies and the workers, the We cannot afford another one-way relations with Russia must be done small manufacturers and the employ- trade agreement because one-way trade right. It was voted out of the Finance ees, the engineers, the laborers, all of agreements tend to lead to one-way job Committee today. There is discussion them, to get it right this time. movements—companies shutting down about further changes in the legisla- I want more trade, and this is not here, manufacturing somewhere else, tion on the Senate floor when it just about Russia. This is about Amer- and selling back into the United reaches here. ica’s trade policy, America’s workers, States. People in my home State of Ohio American job creation. This is about That is why we must have oversight. know too well that we cannot afford to the guy in Zanesville who made big We must have mechanisms in place to

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We can solve it because it Then what I am going to talk about in tion of PNTR—passed in 1999, begun in is an issue in all regions of our coun- another portion of my presentation 2000—accession to the World Trade Or- try. this afternoon did away with the ganization, around then for China, we President Reagan once said about ground-based interceptor in Poland. saw what happened with job loss. Russia we must ‘‘trust, but verify.’’ He Now that was the first budget. I mentioned a minute ago, between was actually talking about the old Since that time, it has been deterio- 2000 and 2010, we lost one-third of our days of the Soviet Union. The same ap- rating even more. So our national de- manufacturing jobs in this country, plies today—‘‘trust but verify.’’ Bring fense has been doing everything it can more than 5 million jobs. We lost 60,000 the reporting requirements forward. to try to stay afloat, try to support our plants in this country—not entirely be- Bring accountability forward. It will troops who are over in harm’s way. It cause of China not playing fair, not en- matter for American jobs, for Amer- is becoming more and more difficult. tirely because of PNTR, not even en- ican manufacturers, for a middle-class If we project what this President has tirely because of PNTR with China and standard of living for so many in our done and would be doing over the next the North American Free Trade Agree- country. 10 years, it would be cutting the mili- I yield the floor. ment. tary by $1⁄2 trillion. Now, that is bad It is our tax law. It is our trade law. The PRESIDING OFFICER. The Sen- enough, but what is worse is what It is our unwillingness or inability to ator from Oklahoma. would happen under sequestration. enforce these trade rules. All that has SEQUESTRATION Under sequestration, the way he has conspired for this job loss. Mr. INHOFE. Madam President, ear- engineered sequestration, the cuts Since 2010, I might add—because of lier today, we had a colloquy on this would take place—as was pointed out the auto rescue and some other floor talking about the devastating ef- very effectively by the Senator from fects of sequestration, and I think we things—we have gained back one-half Alabama, Mr. SESSIONS—the amount of million manufacturing jobs. Ten years covered most everything. One of the cuts that would come from sequestra- of manufacturing job loss; since the significant parts of this is how we got tion would be coming almost entirely auto rescue, 500,000 manufacturing job here in the first place. from the military. So not only is he Not many people realize that in our gains. projecting a cut of $1⁄2 trillion in our form of government the President of We have to have monitoring. We have military as it is today, but if Obama’s the United States, whether he is a to have appropriate consequences in sequestration goes into effect, it is Democrat or a Republican, comes out place when these rules are violated. If going to be another $1⁄2 trillion. So we with a budget each year. Of course, we we repeat our mistakes of the past— know what this is going to do to jobs, have not actually passed a budget in from the lessons we should have we know what it is going to do to our the Senate, so that becomes the budg- learned from China—we will have no ability, we know what it is going to do one to blame but ourselves. et. In his budget, starting 4 years ago, he in terms of putting our troops in My bill, the Russian World Trade Or- has had, each year, in excess of $1 tril- harm’s way. ganization Commitments Verification So I would only say, in my State of lion of deficit each year. Add them all Act of 2012, would help ensure Russia Oklahoma an article came out. It was up and it is $5.3 trillion of deficit. abides by the schedules set out in its I only mention that in conjunction by Marion Blakley, the president and WTO terms of accession. with the concern we have on sequestra- CEO of the Aerospace Industries Asso- Russia said it is going to do A, B, C, tion. How did we get here in the first ciation. She released a report, and it D, and E. So did China. The point is, we place? This is something that is very was covered very well by Chris Casteel need not just reporting language about much of a concern for us because it in the Oklahoman in this morning’s evaluating—did they do A, B, C, D, and seems as if, when we look at all the in- paper. E—but we need enforcement mecha- creases, the deficit increases during They talked about: Surely, Okla- nisms. So if they do A and they do not this administration since 2008, the only homa could lose 16,000 jobs. Well, that do B, then the administration or the area that has not been dealt with fair- is bad enough, but the figure actually House or the Senate or we individually ly, in terms of keeping up with our ob- is much higher than that when we can begin to bring some actions ligations, is national defense. throw in the uniformed presence we against Russia for not following these I am not too surprised this happened, have and the jobs we would lose. rules. but it did. In fact, I can remember In my State of Oklahoma we have We accomplish this by requiring going over to—let me interrupt myself. five major military installations. We USTR to report to Congress annually Madam President, it is my under- have Tinker Air Force Base, which on how Russia is adhering to the com- standing I have 30 minutes; is that cor- does a lot of the repairs on the heavy mitments it made as part of joining the rect? stuff, KC–135s, and so forth. We have World Trade Organization. The PRESIDING OFFICER. There is Vance that does primary training, an If Russia fails to comply—and here is no time allocation. excellent job. We have our depot and what our language does differently Mr. INHOFE. Oh, fine. I like that bet- the ammunition depot that is in from what we have done in the past; ter. McAlester. We have Altus Air Force learning from what happened with After the first budget, I can recall Base that trains people in flying the China—if Russia fails to comply, the going over to Afghanistan, knowing heavy stuff. And we have Fort Sill in U.S. Trade Representative will be re- this President would be disarming Lawton, OK. quired—required, not an optional thing America in his first budget. I think he I have to say, this is a great com- because we see how Trade Representa- will go down in history as the most pliment to my State of Oklahoma be- tives, particularly during the Bush antidefense President we have ever cause we have had, since 1987, five years, acted on these kinds of prob- had. But I remember going over there. BRAC rounds. It is called Base Realign- lems—the U.S. Trade Representative I knew, with the tanks going back and ment and Closure Commission rounds. will be required to explain what the ad- forth in the background, that I would These are rounds where they go ministration is doing about it. If the be able to respond and to get some at- through and make evaluation as to administration does nothing, my bill tention of the American people. which of these military establishments clarifies that Congress can request that Of course, that first budget, I remem- are perhaps not making the contribu- the administration take action. ber it so well. He did away with our tion to our Nation’s defense they

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For ex- United States, and they said the idea terms of numbers of missions and num- ample, the Non-Line-of-Sight Cannon. that we could shoot down a missile bers of people. I have to say there is a There are five countries, including with a missile or shoot down a bullet reason for that. It is not political influ- South Africa, that have better equip- with a bullet is inconceivable. They did ence, as a lot of people might guess. It ment than we do. not believe that would ever happen, but is community support. So as we look down the road and we it is happening today and we all know I have people saying, well, every see these cuts that are taking place, it. We know the missile capability of community, every State has that. No, and then come back, as I just did from countries that would like to kill all of it is not true. When there is a problem the Farnborough Airshow, seeing the us. So it is a very serious threat right and a need, we pass bond issues such as other countries—France and all the now. the very large bond issue in Oklahoma other countries—and their propulsion By the end of 2008 President Bush had City to allow us to get the GM plant systems, they are developing vehicles succeeded in fielding a missile defense and, consequently, we have new mis- that are actually, in some cases, better system capable of defending all 50 sions going in. So I am saying that in than what we are doing over here. States and had security agreements a complimentary way. The problem we are having is the with the Czech Republic and Poland on On the other hand, with the seques- deep cuts that have taken place in de- the construction of a third missile de- tration that will be the Obama seques- fense. I would have to say there is one fense site. The radar would be in the thing that I am concerned about. This tration that will take place starting on Czech Republic. January 2 of this coming year, we is kind of a warning shot for manufac- I can remember talking to one of my would have huge losses in Oklahoma. turers, for defense contractors around favorite people, who was the President The estimate is probably closer to the country that it is my opinion that of the Czech Republic, Vaclav Klaus, 22,000 jobs in the first year that we the President—and I have heard this about this subject. This took a lot of from several of the defense contractors, would be suffering in my State of Okla- courage for President Bush to go in saying the administration is leaning on homa. there and say: Look, we have a serious It is bad enough what that will do to them not to send pink slips out on fir- problem. the economy in my State of Oklahoma, ing these people as a result of the Let me kind of get into the record— but what is even worse is what it does Obama sequestration until after the I want to make sure people understand to our national defense. We have no November 7 election. this. We have great ground-based inter- way of knowing right now where that Well, I think they are overlooking ceptors in Alaska and California. I am money is going to be coming from. I that there is a law that was passed confident that any missile coming in had a conversation—the first one in a back in 1988 called the WARN law. It long time yesterday—with Dick Che- was the Worker Adjustment and Re- from that direction we can kill, we can ney. Of course, we all recall not just training Notification law. It says if we knock down. The problem is if it came his Vice-Presidential relationship, but go through something like this, we from the other direction, such as Iran, he used to be Secretary of Defense. have to send out pink slips—or the con- we do not have that capability. Sure, He was one of those who was trying tractors have to send out pink slips to we might get one lucky shot from the to make a lot of the cuts, and he did those who are going to lose their jobs west coast, knock it down, something make a lot of the cuts. But he was 60 days prior to the time that is going coming into the east coast. With 20 talking about, if they do this and have to take place. kids and grandkids, that does not give these across-the-board cuts, it would be Well, if sequestration takes place on me a lot of comfort. not just devastating—I mean, we all January 2, that would mean November Instead, in his wisdom and the wis- understand it would be devastating. 2, only 5 days before the election. So I dom of the administration under the That word was actually used by Sec- just want to make sure everybody Bush administration, we started build- retary of Defense Panetta, who is knows. The law says they must do it by ing a ground-based interceptor in Po- under the Obama administration, say- 60 days. But they can do it tomorrow if land with the radar located in the ing the Obama sequestration would be they want to. I think the people of this Czech Republic. Russia did not like devastating to our military. country who are going to lose their that. They do not like the idea that we But Dick Cheney was kind of point- jobs due to the Obama sequestration are defending ourselves in—you have to ing out some of the areas of interest. should be entitled to know they are use your own judgment to decide why One of my backgrounds, and I still do going to get their pink slips before the they have come to that conclusion. But it today, I have been a flight instructor election so that could certainly affect it took courage for the Poles and the for 50 years. I am sensitive to the need what they are going to be doing in an Czechs to come up and build this thing, we have for pilots and how to train election. and they agreed to do it. them. If we are to take across-the- MISSILE DEFENSE I remember talking to Vaclav Klaus board cuts, that would mean our pilots That is not what I came down to talk when it first started. He said: We want in the Air Force, in the Navy, and the about because we already talked about to make sure if we make this commit- Marines would not be subjected to the that before. But I would like to men- ment and we anger Russia that you are training I believe, in my opinion, would tion something that occurred in the not going to pull the rug out from keep them as the crack pilots they are last couple of days that has put us in a under us. I gave them the assurance today. more dangerous position, and nobody is that was not going to happen. The thing they would probably do is talking about it. Well, unfortunately that did happen. say: Well, we have simulators. We have Back in December of 2002, President When President Obama was elected, he simulators. That does not do it. Every- Bush issued a National Security Presi- first cut the budget for missile defense body knows that does not do it. So the dential Directive, Directive No. 23, an- by $1.4 billion, and he killed the cuts the Obama sequestration would nouncing the plan to begin deploying a ground-based interceptor in Poland. At make would be devastating to the set of missile defense capabilities that that time—this is very significant our whole country, devastating to my would include ground-based intercep- intelligence had said Iran will have the State of Oklahoma but more so, it tors, sea-based interceptors—land, sea, capability of sending a nuclear weapon would affect the lives of our troops. and space, kind of a triad system. over a delivery system by 2015. You know, there is this kind of a This is a system that people did not Well, the Obama administration cut myth out there, and the American peo- object to at that time because they re- that program. They said: No, they are

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11523 not going to have that capability until about the internationalists, and a lot I can remember using this argument 2020. Well, guess what happened. Just 2 serve in this body. They don’t think on gun control in the United States. or 3 days ago, Secretary Panetta said any idea is a good one unless it comes Gun control assumes that people out on ‘‘60 Minutes’’ that he believes Iran from the U.N. It makes you wonder there are going to obey the laws. But would be able to procure the nuclear where is sovereignty anymore. they are not the problem people; it is weapon in about a year, and then it Here is another one, the U.N. Arms the people who are not going to obey will take them another year or two in Trade Treaty, which they are trying to the law. Why would they single out a order to put it on a delivery vehicle. get through. Over the past 15 years, the law on gun control that would preclude That would be 2015. So now we know we idea of creating a global arms trade them from having guns if they are were right way back in the Bush ad- treaty has been debated at the United criminals to start with? It doesn’t ministration. We know the danger that Nations. During the Bush administra- make sense. Internationally, the same the Obama administration has put us tion, the United States stood in opposi- thing is taking place. in. I think people are going to have to tion to such a treaty. Yet it should This treaty is rife with opportunities understand that is true. come as no surprise that soon after en- for such behavior. In fact, the draft re- For us to use the system that Presi- tering the White House, President quires that provisions ‘‘shall be imple- dent Obama wants to use, we would Obama reversed this position and went mented in a manner that would avoid have to have capability—it is a system to work crafting and negotiating a hampering the right of self defense of called SM32B. That missile would give U.N. arms trade treaty. any state party.’’ One need look no fur- us that protection we would have oth- We all hear about gun control and ther than the current conflict in Syria erwise gotten by the system in Poland what we are going to do with your abil- to see how ridiculous this requirement and the Czech Republic and would not ity to keep and bear arms. We hear is. The arms that Russia is currently be developed to be able to use until about the Second Amendment to the supplying to Syria obviously have a after 2020. Constitution, how it means very little dual purpose—for its national defense So this is something that is probably to a lot of people. against a foreign aggressor but also to It should be noted first that the trea- one of the most serious matters we are be used in the oppression of its own ty is currently being negotiated, so we dealing with right now. I remember people. We know that is happening. cannot speak with certainty about the very well when President Obama was Just yesterday we watched this taking details. However, in March the presi- meeting with Russian President place. Russia would, of course, claim dent of the conference that is negoti- Medvedev on Monday, March 26, of this they are doing it for their own defense. ating the treaty released a ‘‘chairman’s year, President Obama said—this is How, then, does anyone expect an draft.’’ Through the draft, we know when the mic was on and nobody knew arms trade treaty which would not that the treaty may seek to establish that he could be heard. He said: have stringent enforcement mecha- certain criteria that must be met be- On all of these issues, but particularly mis- nisms to have any impact whatsoever? fore the international transfer of con- sile defense, this, this can be solved but it’s The answer is, against bad actors and ventional weapons—including small important for him to give me space. rogue nations, it will not. But against arms and light weapons—is allowed to He was talking about Russian incom- nations such as the United States, the ing President Vladimir Putin. These take place. Here is what we are talking about. I arms trade treaty may have a consider- are his words. remember that back during the Clinton able impact. This is my last election. After my election, administration they were saying: We Take, for example, the requirement I have more flexibility. have to do something about restricting in the draft that arms should not ‘‘be What does that tell us? It tells us arms in the United States. After all, used in a manner that would seriously that not only is it bad enough what he they said, look at all of the things hap- undermine peace or security, or pro- has already done in taking out our pening with the drug cartels in Mexico voke, prolong or aggravate internal, re- ability to defend ourselves against an and in Central America; they are get- gional, subregional or international in- incoming missile from anywhere, spe- ting their weapons from the United stability.’’ Does anyone deny that each cifically from Iran, but it is a crisis States. That was the justification for and every time we supply weapons to that we are dealing with that has got having a gun treaty at that time. This some of our greatest allies, such as to be dealt with. isn’t all that bad. Israel, Taiwan, and South Korea, that LAW OF THE SEA TREATY We don’t know the details of this yet, we are, in fact, prolonging regional or I want to mention one last thing be- but we know the draft treaty may seek international stability? The answer is cause it is new—it is not new; it is to establish certain criteria to be met no. But this is instability that is nec- something they have been trying to do before we can sell to other countries. essary for international order and the for a long time. I quite often criticize We have a lot of friendly countries out prevalence of democracy in regions the United Nations. Many times they there to which we would like to sell. where it might not otherwise exist. Yet do not have our interests at heart. I am Although we all agree that a com- the terms of the draft treaty could be very glad we got the 34th signature on mitted effort must be made to prevent read to prohibit such weapons sales. a letter we were prepared to send say- terrorists and criminals from acquiring We can all agree that it is a great un- ing: Do not bring the Law of the Sea weapons, the treaty could undermine derstatement to say that we don’t want Treaty for a ratification vote to the our foreign policy and national secu- American gun companies selling weap- Senate because we will vote against it. rity strategy and infringe Americans’ ons internationally when they might Now, 34 Senators signed that letter, second amendment rights. In Okla- be used to commit violations of human which means they cannot do it. They homa, maybe people are a little more rights, but, as everyone knows, we al- are still having the hearings and all of sensitive to second amendment rights, ready have laws on the books that pro- that because they like to talk about it, but I seem to be hearing from them, hibit this. The export of firearms is al- I guess. But we are not going to cede and they are dead right. The heart of ready subject to a very strict and com- our jurisdiction over 70 percent of the the problem with the treaty is the no- plex regime. Earth’s surface to the United Nations, tion that bad actors will continue to be The U.S. international trade in arms nor are we going to give the United Na- bad actors. We have seen this time and regulations—that is why I call this the tions the power, for the first time, to time again. Law-abiding nations will foot in the door, a first step—which has tax the United States of America. That constrain themselves to the terms of been promulgated pursuant to the is what we would find in this treaty. the treaty, and rogue nations and cor- Arms Export Control Act, already That is when he signed this treaty. I rupt states will contravene the explicit strictly limits the transfer or sale of only mention that because these trea- text of the treaty that only months ago firearms. This regulatory regime has ties that come along somehow—I don’t they were negotiating and whole- been in place since the 1950s. The know what it is, but there is something heartedly endorsing. United States has been doing this for a

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11524 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 very long time. Other nations—our al- I am concerned with some of the cuts would limit our capabilities. As of lies primarily—have mirrored our ex- things I have been hearing, and, frank- this moment, sequestration is the law port control regime because it is so ly, I hope we can come back from the of the land unless Congress passes—and comprehensive. precipice of some of these disturbing the President signs—a bill to stop it. This goes back to my earlier point. proposals I have heard. One way to do The administration needs to get spe- The United States has been very re- that would be to address, in a bipar- cific about the results of this ‘‘meat sponsible in the area of exporting fire- tisan way, this issue of sequestration. axe.’’ arms, but other nations will not be, So I rise this afternoon to point out to Our military faces a diverse set of even as signatories to this treaty. It my colleagues that we are now less challenges and emerging threats—a nu- gets back to the nations that are the than 6 months away from seeing se- clear North Korea, a volatile Iran that bad guys—they will not pay attention questration go into effect. This is a wants to be nuclear, our commitment to the treaty even though they signed grim reality that was never supposed to a Democratic Taiwan, and the com- it. to happen. It is a reality that doesn’t petition for mineral resources in the The final point is that this treaty, have to happen. But it will happen un- South China Sea. All of these and more even if negotiations result this month less we act and unless the President require the ability to project American in a finalized version, is just going to signs legislation. Budget sequestration power abroad. collect dust in the Senate. We already means defense and nondefense spending This year we celebrate the bicenten- have 58 Members of this body who have will be cut automatically and across nial of the War of 1812, and the lessons already signed a letter in opposition, the board, without regard to the prior- of that conflict should be remembered. and I feel strongly that this will meet ities or the importance of programs. During that war, it was our Navy that the same fate as the Law of the Sea We need to avoid this. reaffirmed America’s sovereignty. The Treaty and so many other U.N.-spon- How did we get here? Almost a year United States saw that even the border sored treaties. ago, Congress voted for the Budget of an expansive ocean would not fully So you know the administration is in Control Act as a first step toward seri- protect our Nation. The influence of constant negotiations with inter- ously addressing the national debt. We sea power on national security and national groups, such as the United Na- authorized, in good faith, a supercom- commerce was clear then and it re- tions, and we have to go around and get mittee to produce a blueprint that mains clear today. people, as we did on the Law of the Sea As ranking member of the Armed would reduce the national deficit by Treaty. We have 35 Senators saying Services Subcommittee on Seapower, I $1.5 trillion or more. Our hope and our they will vote not to ratify, and that can attest that the Navy Department expectation was that both political means you are wasting your time. Why is the Armed Forces’ most capital-in- parties would come to a reasoned, long- are we even talking about it if it can’t tensive branch, and the Navy will be term solution to America’s debt crisis. be ratified because it takes two-thirds particularly hit hard by indiscriminate Of course, that hope faded quickly with for ratification? The same thing is true sequestration cuts. According to civil- the announcement of an impasse by the here, except we have 58 Members. ian and uniformed Navy leaders, our Keep in mind that the collectivists supercommittee. capacity to deter threats, defend our With a national debt approaching an who are opposed to the private owner- priorities, and project sea power could unprecedented $16 trillion, reining in ship of firearms, opposed to the second be gravely compromised. Sequestration Federal spending is imperative to our amendment rights, are the ones who would hurt readiness, fleet size, stra- national and economic security. ADM are trying to do it internationally. tegic investment, and the strength of Mike Mullen, former Chairman of the With that, I yield the floor and sug- America’s workforce. gest the absence of a quorum. Joint Chiefs of Staff, put it simply: The projected numbers are striking. The PRESIDING OFFICER (Mr. ‘‘Our debt is our number one national The Marine Corps would endure an ad- WHITEHOUSE). The clerk will call the security threat.’’ Severe, across-the- ditional 10-percent cut in troop roll. board cuts to the Department of De- strength, leaving our marines without The assistant legislative clerk pro- fense are not the way to address this sufficient manpower to meet even one ceeded to call the roll. security threat, and they are not the major contingency operation. The Mr. WICKER. Mr. President, I ask way to achieve long-term fiscal respon- Navy fleet would drop to 230 ships, well unanimous consent that the order for sibility. Federal debt is a national se- below the Navy’s 313-ship requirement. the quorum call be rescinded. curity threat, to be sure, but so is uni- It would drop to 230 from 313, hindering The PRESIDING OFFICER. Without laterally cutting key funding to Amer- the ability of our combatant com- objection, it is so ordered. ica’s men and women in uniform. manders to execute their missions SEQUESTRATION Realistically confronting the debt abroad. Even now, the Navy can satisfy Mr. WICKER. Mr. President, it has problem means addressing soaring en- only half of combatant commander re- been a tough day, a tough week. We titlement costs, which are growing at quests for naval support. could use a little bipartisanship in this three times the rate of inflation, three Sequestration could affect the qual- Chamber and in this Congress. I don’t times the rate of our economic growth. ity of future investments and the long- understand it. We heard the Demo- We can’t sustain that. But realistically term vitality of America’s shipbuilding cratic leadership of the supercom- confronting the debt does not mean workforce. Experience has shown that mittee come right out the other day gambling with the resources our mili- stable shipbuilding rates have a direct and say that it was preferable to her tary needs to protect this Nation and impact on the acquisition and oper- that the fiscal cliff be encountered and the skilled jobs necessary to supply to- ational cost of amphibious ships, air- that we actually bring our Nation over day’s advanced force. craft carriers, and submarines. Cuts the fiscal cliff rather than working to- Unless we act, and act soon, $492 bil- would prevent the Navy from ensuring gether in a bipartisan way to avoid it lion will be cut from defense spending new ships are delivered on time and on before the end of the year. beginning January 3, 2013. budget. Then I was mystified today to learn According to Defense Secretary Leon The average age of today’s shipyard that the majority leader of this great Panetta, the effect would be ‘‘dev- worker is 45, and only 24 percent of our body proposes next year, if his party astating’’—a ‘‘meat axe.’’ Our Sec- naval shipbuilding workforce is under remains in power, to forever change retary of Defense, a member of the 35 years of age. Sequestration would the nature of the Senate in terms of Obama administration, said it would drive a generation of skilled ship- being a great deliberative body and to ‘‘hollow out the force.’’ Unfortunately, builders from the workforce and would go to the majority-rule 51-vote process Secretary Panetta and the White have a prolonged negative impact on that they have in the House. It worked House, so far, have failed to identify American high-tech manufacturing. OK in the House, but we have never the specific impact of these cuts. Clar- I am proud to be from a State with a done that in the Senate. ity is needed as to how these automatic highly skilled manufacturing base.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11525 Mississippi workers produce ships, air- cal discipline we need without compro- America at a competitive disadvan- craft, and equipment that our troops mising the ability of our military to tage. depend upon throughout the world. protect and defend America. It is time we look at our Tax Code Sharp cuts to defense will have a direct Addressing sequestration should be and call for a patriotic tax code. and detrimental impact on Mis- our No. 1 priority—this week. We We walk around the floor of the Sen- sissippi’s families and communities. should act before the August break. ate. We go to rallies. We love to be in The stakes are high for the military After Labor Day, after the political parades. We wear our flags because we and America’s economy. These looming conventions, when campaigns are in want to stand up for our troops, and we cuts are real, they are drastic, and full swing and we have only 2 months should stand up for our troops. But we they are just around the corner. Se- to go before these devastating cuts go also have to stand up for America. questration is real and not a hypo- into effect, do we truly believe the at- The current Tax Code is putting com- thetical threat. It is the law unless we mosphere will be conducive to solving panies that stay in America at a dis- change it. Our national security is on sequestration? I don’t think so. Is it advantage because they keep their the line, and it is in our interest either truly in our Nation’s best national se- business here, hire their workers at to prevent sequestration or prepare for curity interest to address this during a home, pay their share of taxes, and it. Indeed, some defense manufacturers lameduck session? I don’t think so. We provide health care to their employees. have already begun the process of should not leave town for an August We should be rewarding these compa- issuing legally required layoff warning break if we have not answered this se- nies with ‘‘good guy’’ tax breaks for notices to shareholders and employees. questration issue. The hour is upon us. hiring and building their businesses According to multiple forecasts, up I yield the floor. right here in the United States. to 1 million American jobs are at risk. Mr. BENNET. Mr. President, I sug- I have been on a jobs tour of Mary- The current unemployment rate al- gest the absence of a quorum. land. I visited bakeries, microbrew- ready stands at 8.2 percent, and Fed- The PRESIDING OFFICER (Mr. eries, and factories of small machine eral Reserve Chairman Ben Bernanke SANDERS). The clerk will call the roll. tool companies. I visited Main Street, projected unemployment rates will re- The assistant legislative clerk pro- small streets, and rural communities. main high, as he testified before the ceeded to call the roll. I talked with business owners and Congress yesterday and today. Mr. BENNET. Mr. President, I ask their employees. These are ‘‘good guy’’ There are some faint and hopeful unanimous consent that the order for businesses. They work hard and play by signs this catastrophe can be avoided. the quorum call be rescinded. the rules. They have jobs right here in Indeed, in the Congress, there has al- The PRESIDING OFFICER. Without the United States. They want to ex- ways been bipartisan cooperation to objection, it is so ordered. pand. They want to hire. They need a ensure our military remains the best The Senator from Colorado is recog- government on their side and at their trained, the best equipped, and most nized. side. They are harmed by thoughtless professional fighting force in the world. Mr. BENNET. I thank the Chair. government tax incentives that reward We argue about a lot of things, but bi- (The remarks of Mr. BENNET per- competitors who move overseas. partisanship has prevailed when it taining to the introduction of S. 3400 That is why I am a proud cosponsor comes to the defense budget. The fiscal are located in today’s RECORD under of the Bring Jobs Home Act. This bill year 2013 Defense authorization bill is a ‘‘Statements on Introduced Bills and ends the loophole that gives companies hopeful example. Joint Resolutions.’’) a tax break for sending jobs overseas. The bill recently passed by the Mr. BENNET. I yield the floor. There is a loophole in the Federal Armed Services Committee, of which I Ms. MIKULSKI. Mr. President, I rise Tax Code that lets businesses deduct am a member, contains many provi- in support of the Bring Jobs Home Act. the ‘‘business expense’’ for costs of sions reflecting Congress’s support of Growing up in a blue-collar neighbor- moving the company or its workers the Defense Department’s top strategic hood in Baltimore during World War II, right out of the country. priorities. It also reflects the chal- my father had a small neighborhood This legislation tells these compa- lenges we may encounter while out- grocery store. nies. If you want to export jobs out of lining ways to reduce spending, and we We were the neighborhood of mom- America, you can’t file a deduction for must reduce military spending, no and-pop businesses and factories. We doing it. And it ensures the Tax Code question about it. But sequestration is made liberty ships. We put out turbo can’t be used to boost corporate re- not the way. steel to make the tanks. Glenn L. Mar- wards at the expense of American Also, with regard to the Defense au- tin made the seaplanes that helped win workers. thorization bill, I should mention this the battle of the Pacific. We were in This bill is about helping those ‘‘good is the 51st consecutive year that Con- the manufacturing business. But the guy’’ businesses who are creating jobs gress has passed such a bill. Again, blue-collar Baltimore of World War II, here. It says: If you bring jobs back to that is testimony to bipartisanship Korea, and Vietnam just isn’t what it the United States, you can get a tax with regard to DOD reauthorization. used to be. break for 20 percent of the cost of That is the good news. The bad news is The jobs are leaving now. Our ship- bringing the jobs home. the failure to address our past spending yard jobs have left. Our steel mills That is why I am proud to stand with has compounded the situation we now have shrunk to miniscule levels. We my colleague from Michigan to call on face. Further delays only make the don’t make ships. And we don’t make us to think about economic patriotism, problem worse. clothing. a tax code that rewards American com- We know tough decisions will have to Where did those jobs go? panies that bring jobs back home, and be made to fix our country’s debt prob- Those jobs are on a slow boat to a tax code that ends despicable tax lem. All Federal agencies, including China. They are on a fast track to Mex- breaks and subsidies to companies that DOD, will have to do more with less in ico and other jobs are in dial 1–800 any- move jobs overseas. today’s era of fiscal austerity. But the where. I call upon my colleagues to think bottom line is this: We have an over- And why did they go? about where America is going in the riding constitutional obligation to pro- In some cases, they went because of 21st century. Where are we going to be? vide for the common defense, to ensure tax breaks that rewarded corporations Are we going to create more oppor- our country is safe, and that our men for moving manufacturing overseas. tunity? Are we going to create more and women in uniform are well It is wrong to give companies incen- jobs that pay good wages with good equipped to face the challenges of the tives to send millions of jobs to other benefits or are we going to resemble 21st century. I urge my colleagues to countries, especially when millions of the economy of a third-world country? work together in a bipartisan fashion Americans are looking for work. It is I really want to have a tax code that toward a solution that achieves the fis- wrong to put companies that stay in brings our jobs back home, brings our

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11526 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 money back home, and stands up for market conditions, and to take action hospital-based research program in the America. So let’s pass the Bring Jobs if they cannot. Such serious allega- United States. This network includes Home Act and take an important step tions should be properly investigated over 20 clinical departments and cen- toward economic patriotism. by the Oil and Gas Price Fraud Work- ters, investing $550 million per year to Mr. President, I suggest the absence ing Group at the U.S. Department of work towards discoveries that trans- of a quorum. Justice and the Federal Trade Commis- form treatments and patient care. The PRESIDING OFFICER. The sion. For example, the Global Network for clerk will call the roll. The largest oil companies raked in Women’s and Children’s Health Re- The bill clerk proceeded to call the $137 billion in profits last year alone, search at Massachusetts General Hos- roll. while also taking in billions in tax- pital for Children is one of only 7 loca- Mr. REID. Mr. President, I ask unan- payer subsidies. Repeated efforts to re- tions in the country funded by the NIH imous consent that the order for the peal these ridiculous subsidies by my- to study the rates of morbidity and quorum call be rescinded. self and a majority of the Senate have mortality in women and children in de- The PRESIDING OFFICER (Mr. BEN- been filibustered by friends of the big veloping countries. These discoveries NET). Without objection, it is so or- oil industry. It is these large oil com- have not only led to better treatments dered. panies and those working at the whole- for children, but have also led to policy changes at the World Health Organiza- f sale level that are reaping tremendous profits, while many of our independent tion—WHO—to better address inter- MORNING BUSINESS and locally owned stations are strug- national health for women and chil- Mr. REID. Mr. President, I ask unan- gling to make ends meet. Regrettably, dren. imous consent that the Senate proceed many of these same local stations are Mass General has also made impor- to a period of morning business with forced to shutter their doors when the tant strides in primary care, especially Senators allowed to speak therein for large oil chains undercut their busi- for our State’s seniors. The Mass Gen- up to 10 minutes each. ness. eral Geriatric Medicine Unit is rated The PRESIDING OFFICER. Without The real cost of high gas prices is one of the top departments in the na- objection, it is so ordered. more than just the bill at the pump. tion for geriatric care, due to their di- verse staff of specialists, including f These prices force families to choose those in geriatric medicine, geriatric HIGH GAS PRICES between filling their gas tanks and put- ting food on the table. And they mean psychiatry, rehabilitation medicine, Mr. LEAHY. Mr. President, I remain rising food prices due to increased ship- geriatric nursing, and social work, who concerned about the high price of gaso- ping costs. These are costs that work- focus on both the patient’s physical line that continues to disproportion- ing families, particularly in these dif- and mental wellbeing. Mass General is changing the way ately hurt working class families, espe- ficult economic times, often cannot ab- that we look at patient primary care. cially those in rural States like sorb. I will continue to push for cre- Vermont. In Vermont, the average You may be familiar with Patient Cen- ative, long-term solutions to relieve tered Medical Homes, which focus on price of gasoline remains above the na- the pain at the pump. tional average. Despite significant ef- patient care and health in a very per- f forts to improve public transportation sonalized and coordinated way. Mass in the State, many Vermonters must CONGRATULATING MASSACHU- General Senior Health is a recognized still rely on their cars as the primary SETTS GENERAL HOSPITAL Level 3 Patient Centered Medical Home, which is setting the standard for mode of transportation. More can and Mr. BROWN of Massachusetts. Mr. the industry. I recently visited Mass must be done to help families who are President, I rise today to recognize General, and I am continually im- struggling to find jobs and put food on Massachusetts General Hospital, lo- pressed by their coordination to bring the table. cated in my home State of Massachu- together multiple doctors and services Crude oil accounts for the largest setts. Mass General has recently been to ensure the highest quality of care share of the price of gasoline. I am con- named the number one hospital in cerned that excessive speculation in for Massachusetts residents. America by U.S. News & World Report I would also like to recognize the the oil market has contributed to a sig- for their dedication and excellence in Mass General nursing staff, as the hos- nificant rise in the price of gasoline. providing care to thousands of patients pital is a designated Magnet hospital. Congress included important protec- every year. I also want to acknowledge This is the highest honor in nursing ex- tions to address excessive speculation Brigham and Women’s Hospital for cellence that is awarded by the Amer- in the Dodd-Frank Wall Street Reform being named among the top hospitals ican Nurses Credentialing Center, and and Consumer Protection Act. As a in the country. recognizes Mass General’s excellence conferee and strong advocate for that Mass General cares for more than and innovations in their nursing prac- law, I have pushed the U.S. Commodity 47,000 inpatients each year, and serves tice. Futures Trading Commission to quick- as the largest teaching hospital of Har- Finally, Mass General’s Home Base ly implement the protections and rules vard Medical School. It is also the old- Program has partnered with the Bos- to help curb these abuses. est and largest hospital in New Eng- ton Red Sox Foundation to raise At the same time, we must ensure land. Located right in Boston, Mass awareness about post-traumatic stress that local and regional markets remain General’s 907 bed facility has a tradi- and traumatic brain injuries among competitive and that oil companies do tion of excellence. They also have four our returning veterans. I am encour- not engage in anticompetitive prac- additional health centers in Charles- aged by their work to develop new tices. While prices have eased some- town, Chelsea, Revere and the North treatments for these injuries, as well what nationally this summer, there End. Together, these locations handle as their efforts to educate our commu- have been concerns raised about price over one million outpatient visits, as nity. Roughly 50,000 veterans returning disparities in the cost of gasoline in well as over 80,000 emergency visits, from Iraq or Afghanistan are affected Vermont. Vermont prices remain high- each year. It is no surprise that Mass by these injuries, and the Home Base er than the national average and resi- General is the top hospital in the Na- Program is making great strides in dents of northern Vermont are paying tion, with its impressive research pro- supporting these wounded warriors. even more than their neighbors just gram, innovative primary care, and In closing, I congratulate Mass Gen- one or two towns to the south. I sup- distinguished staff. eral Hospital for achieving the number port the efforts by the State of Massachusetts is home to a number one hospital ranking in the country. I Vermont, Senator SANDERS and Fed- of remarkable research programs, know that the people of Massachusetts eral regulators to look into whether many of which are housed within Mass are extremely proud of this accom- these differences can be explained by General’s network, which is the largest plishment.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11527 TRIBUTE TO COMMANDER ADDITIONAL STATEMENTS Milwaukee & St. Paul Railroad line WILLIAM MOELLER was built and sparked the official es- Mr. BLUMENTHAL. Mr. President, tablishment of the town. By the end of REMEMBERING RICHARD EARDLEY today I wish to honor the tremendous 1887, Garden City had a post office, a lifetime of service by one of our Na- ∑ Mr. CRAPO. Mr. President, today I railroad depot, and a grocery and hard- tion’s most courageous heroes, CDR wish to honor the life of Dick Eardley, ware business. In the years that fol- William Moeller. Commander Moeller who will be remembered as a man who lowed, Garden City became an agricul- has served for 22 years in the Coast cared deeply about his loved ones and tural center for the area, especially for Guard in four location assignments, community and worked hard to make a potatoes. The first potato crop in the dedicating his time, energy, and even difference on their behalf. Garden City area was planted in the risking his life for his fellow service- As mayor for more than a decade, he early 1900s. By the 1940s, half a million men and women, the U.S. Coast Guard, was the longest serving mayor of Boise bushels of potatoes were being har- and his country. On September 1, 2012, and was successful in enriching the vested from the area each year. he will retire from the U.S. Coast city. During his time as mayor, he fo- South Dakotans living in the Garden Guard Reserve. cused on revitalizing the city and City area have a proud tradition of Upon graduation from the United worked extensively with business and hard work and remain committed to States Coast Guard Academy in 1990 community leaders to draw more com- their strong heritage and traditions. with a B.S. in government, Commander merce into downtown Boise. Those ef- Though many things have changed in Moeller began his career and his sea forts led later to both a vibrant down- the last 125 years, the quality of char- tour as a deck watch officer aboard the town core and to the development of acter of Garden City residents has re- USCGC Tamaroa. He soon rose to first the Boise Towne Square Mall, preserva- mained something of which the town lieutenant and in this capacity led the tion of Boise’s historic North End, cre- should be very proud. rescue of four members of the Air Na- ation of the Boise Arts Commission Garden City has been a tight-knit tional Guard in October 1991. This res- and bringing the World Center for community for the past 125 years, and cue among monstrous waves, churned Birds of Prey to Boise. He was also in- I am confident that it will continue to by the worst storm off the Eastern sea- volved in many other local advance- serve as an example of South Dakota board in 100 years, captured the Na- ments, including the Greenbelt, the values and hospitality. I would like to tion’s imagination in the book and Senior Citizens Center, the parks, and offer my congratulations to the citi- later the film adaptation of ‘‘The Per- Warm Springs Golf Course. zens of Garden City on this landmark fect Storm.’’ In addition to his public service, Dick occasion and wish them prosperity in Following his commission as group had a career as a newsman. In his the years to come.∑ captain, he transferred to reserve sta- hometown of Baker City, OR, Dick f tus at the Port Long Island Sound in worked in radio before moving to New Haven. Promoted to lieutenant Idaho, where he went to work as a re- MESSAGES FROM THE PRESIDENT commander in the Marine Safety Office porter covering sports and news for the Messages from the President of the located in Portland, ME, he served in Idaho Statesman. He then went on to United States were communicated to the Coast Guard Reserve until recalled work for KBOI–Channel 2 and KBOI– the Senate by Mr. Pate, one of his sec- to active duty during 9/11. Returning to 670. He announced high school sports retaries. reserve status and to the Sector Long and worked as a sportscaster and news f Island Sound, he was promoted to com- executive. His reporting and work as mander in 2006. After a few years at Ac- city councilman and mayor earned EXECUTIVE MESSAGES REFERRED tivities New York, he returned to New many honors and recognitions. As in executive session the Presiding Haven in 2010 for the last time as re- Dick was an extraordinary individual Officer laid before the Senate messages serve logistics section chief. Com- who moved forward from a modest, De- from the President of the United mander Moeller’s dedicated protection pression-era beginning in pursuit of his States submitting sundry nominations of the Nation, most of which took place dreams. He had an exceptional way of which were referred to the Committee at the Long Island Sound—waters sig- connecting with people, which is likely on Foreign Relations. nificant to Connecticut and the East- why he had so many friends and ac- (The messages received today are ern seaboard—is appreciated by mil- quaintances who admired and respected printed at the end of the Senate pro- lions. him. He had a deep love and devotion ceedings.) In addition to receiving extensive for his wife, Pat, of 57 years, who military recognition—including the passed away 5 years ago, and he was a f Coast Guard Medal for Extraordinary caring, giving and supportive father. REPORT RELATIVE TO THE CON- Heroism, the Coast Guard Commenda- Dick was also a natural athlete, who TINUATION OF THE NATIONAL tion Medal, and the Air Force Com- played semi-pro baseball and was EMERGENCY WITH RESPECT TO mendation Medal—Commander Moeller known for his fondness and knack for SIGNIFICANT TRANSNATIONAL has been awarded the Coast Guard golf. CRIMINAL ORGANIZATIONS THAT Medal by President George W. Bush. In I extend my condolences to Dick’s WAS ESTABLISHED IN EXECU- April 2012, he was inducted as a mem- loved ones, including his three sons, TIVE ORDER 13581 ON JULY 24, ber of the Coast Guard Academy’s Wall Randy, Rick and Ron; six grand- 2011—PM 57 of Gallantry. children, and two great-grandchildren. The PRESIDING OFFICER laid be- Commander Moeller has further con- Dick’s example of respectful sincere, fore the Senate the following message tributed to our Nation’s safety and se- humble, benevolent service and hard from the President of the United curity as a business executive with ∑ work will endure. States, together with an accompanying Pratt & Whitney. In this capacity, he f report; which was referred to the Com- has furthered the development of the mittee on Banking, Housing, and aerospace industry, committed to our GARDEN CITY, SOUTH DAKOTA Urban Affairs: national defense by both air and sea. ∑ Mr. THUNE. Mr. President, today I I invite my Senate colleagues to join wish to recognize Garden City, SD. The To the Congress of the United States: me in congratulating Commander town of Garden City will commemorate Section 202(d) of the National Emer- Moeller on his retirement and remark- the 125th anniversary of its founding gencies Act (50 U.S.C. 1622(d)) provides able allegiance to the Coast Guard and this year. for the automatic termination of a na- his country. We wish him great success Located in Clark County, Garden tional emergency unless, within the 90- and thank him for his tremendous serv- City was first settled in 1882. However, day period prior to the anniversary ice. it was not until 1887 that the Chicago, date of its declaration, the President

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A communication from the Sec- publication the enclosed notice stating CALENDAR retary, Division of Trading and Markets, Se- that the national emergency declared The following bill was read the sec- curities and Exchange Commission, trans- in Executive Order 13581 of July 24, ond time, and placed on the calendar: mitting, pursuant to law, the report of a rule 2011, is to continue in effect beyond entitled ‘‘Brokers or Dealers Engaged in a July 24, 2012. S. 3393. A bill to amend the Internal Rev- Retail Forex Business’’ (RIN3235–AL19) re- The activities of significant trans- enue Code of 1986 to provide tax relief to ceived in the Office of the President of the middle-class families. national criminal organizations have Senate on July 12, 2012; to the Committee on reached such scope and gravity that f Banking, Housing, and Urban Affairs. they threaten the stability of inter- EC–6873. A communication from the Acting MEASURES READ THE FIRST TIME Secretary of Commerce, transmitting, pursu- national political and economic sys- The following bill was read the first ant to law, a report relative to the export to tems. Such organizations are becoming time: the People’s Republic of China of an item not increasingly sophisticated and dan- S. 3401. A bill to amend the Internal Rev- detrimental to the U.S. space launch indus- gerous to the United States; they are enue Code of 1986 to temporarily extend tax try; to the Committee on Foreign Relations. increasingly entrenched in the oper- relief provisions enacted in 2001 and 2003, to EC–6874. A communication from the Assist- ations of foreign governments and the provide for temporary alternative minimum ant Secretary, Legislative Affairs, Depart- international financial system, thereby tax relief, to extend increased expensing lim- ment of State, transmitting, certification of weakening democratic institutions, de- itations, and to provide instructions for tax proposed issuance of an export license pursu- grading the rule of law, and under- reform. ant to section 36(c) of the Arms Export Con- trol Act (Transmittal No. DDTC 12–088); to mining economic markets. These orga- f the Committee on Foreign Relations. nizations facilitate and aggravate vio- EXECUTIVE AND OTHER EC–6875. A communication from the Assist- lent civil conflicts and increasingly fa- COMMUNICATIONS ant Secretary, Legislative Affairs, Depart- cilitate the activities of other dan- ment of State, transmitting, certification of gerous persons. The following communications were proposed issuance of an export license pursu- The activities of significant trans- laid before the Senate, together with ant to section 36(c) of the Arms Export Con- national criminal organizations con- accompanying papers, reports, and doc- trol Act (Transmittal No. DDTC 12–074); to tinue to pose an unusual and extraor- uments, and were referred as indicated: the Committee on Foreign Relations. dinary threat to the national security, EC–6866. A communication from the Ad- EC–6876. A communication from the Chief Human Capital Officer, Equal Employment foreign policy, and economy of the ministrator of the Fruit and Vegetable Pro- grams, Agricultural Marketing Service, De- Opportunity Commission, transmitting, pur- United States. Therefore, I have deter- suant to law, a report relative to a vacancy mined that it is necessary to continue partment of Agriculture, transmitting, pur- suant to law, the report of a rule entitled in the position of Member, Equal Employ- the national emergency declared in Ex- ‘‘Tart Cherries Grown in the States of Michi- ment Opportunity Commission; to the Com- ecutive Order 13581 with respect to sig- gan, et al.; Increasing the Primary Reserve mittee on Health, Education, Labor, and nificant transnational criminal organi- Capacity and Revising Exemption Require- Pensions. zations. ments’’ (Docket No. AMS–FV–11–0092; FV12– EC–6877. A communication from the Direc- BARACK OBAMA. 930–1 FR) received in the Office of the Presi- tor, Office of the Whistleblower Protection THE WHITE HOUSE, July 18, 2012. dent of the Senate on July 11, 2012; to the Program, Occupational Safety and Health Administration, transmitting, pursuant to f Committee on Agriculture, Nutrition, and Forestry. law, the report of a rule entitled ‘‘Procedures MESSAGE FROM THE HOUSE EC–6867. A communication from the Ad- for the Handling of Retaliation Complaints ministrator of the Fruit and Vegetable Pro- Under Section 219 of the Consumer Product At 11:56 a.m., a message from the Safety Improvement Act of 2008’’ (RIN1218– House of Representatives, delivered by grams, Agricultural Marketing Service, De- partment of Agriculture, transmitting, pur- AC47) received in the Office of the President Mrs. Cole, one of its reading clerks, an- suant to law, the report of a rule entitled of the Senate on July 12, 2012; to the Com- nounced that the House has passed the ‘‘Avocados Grown in South Florida; De- mittee on Health, Education, Labor, and following bill, in which it requests the creased Assessment Rate’’ (Docket No. AMS– Pensions. concurrence of the Senate: FV–11–0094; FV12–915–1 IR) received in the Of- EC–6878. A communication from the Direc- H.R. 6018. An act to authorize appropria- fice of the President of the Senate on July tor, Directorate of Standards and Guidance, tions for the Department of State for fiscal 11, 2012; to the Committee on Agriculture, Occupational Safety and Health Administra- year 2013, and for other purposes. Nutrition, and Forestry. tion, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Updating OSHA The message also announced that the EC–6868. A communication from the Man- agement Analyst, Forest Service, Depart- Standards Based on National Consensus House has passed the following bills, ment of Agriculture, transmitting, pursuant Standards; Head Protection’’ (RIN1218–AC65) without amendment: to law, the report of a rule entitled ‘‘Special received in the Office of the President of the S. 2009. An act to improve the administra- Areas; Roadless Area Conservation; Applica- Senate on July 11, 2012; to the Committee on tion of programs in the insular areas, and for bility to the National Forests in Colorado’’ Health, Education, Labor, and Pensions. other purposes. (RIN0596–AC74) received in the Office of the EC–6879. A communication from the Dis- S. 2165. An act to enhance strategic co- President of the Senate on July 11, 2012; to trict of Columbia Auditor, transmitting, pur- operation between the United States and the Committee on Agriculture, Nutrition, suant to law, a report entitled, ‘‘District of Israel, and for other purposes. and Forestry. Columbia Agencies’ Compliance with Small The message further announced that EC–6869. A communication from the Prin- Business Enterprise Expenditure Goals the House has passed the following bill, cipal Under Secretary of Defense (Personnel through the 2nd Quarter of Fiscal Year 2012’’; with amendment, in which it requests and Readiness), transmitting the report of to the Committee on Homeland Security and the concurrence of the Senate: an officer authorized to wear the insignia of Governmental Affairs. the grade of rear admiral in accordance with EC–6880. A communication from the Acting S. 1959. An act to require a report on the title 10, United States Code, section 777; to Assistant Secretary, Indian Affairs, Depart- designation of the Haqqani Network as a for- the Committee on Armed Services. ment of the Interior, transmitting, pursuant eign terrorist organization and for other pur- EC–6870. A communication from the Sur- to law, a report entitled ‘‘Report to the Con- poses. geon General and Commanding General, U.S. gress on Shortfall for Contract Support f Army Medical Command, Department of the Costs of Self-Determination Contracts Fiscal MEASURES REFERRED Army, transmitting, pursuant to law, a re- Year 2011’’; to the Committee on Indian Af- port relative to incentives for recruitment fairs. The following bill was read the first and retention of Army healthcare profes- EC–6881. A communication from the Assist- and the second times by unanimous sionals; to the Committee on Armed Serv- ant Secretary, Bureau of Political-Military consent, and referred as indicated: ices. Affairs, Department of State, transmitting,

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pursuant to law, an addendum to a certifi- S. 3401. A bill to amend the Internal Rev- the Senator from Louisiana (Mr. VIT- cation, transmittal number: DDTC 12–075, of enue Code of 1986 to temporarily extend tax TER) were added as cosponsors of S. the proposed sale or export of defense arti- relief provisions enacted in 2001 and 2003, to 1728, a bill to amend title 18, United cles and/or defense services to a Middle East provide for temporary alternative minimum States Code, to establish a criminal of- country regarding any possible affects such a tax relief, to extend increased expensing lim- sale might have relating to Israel’s Quali- itations, and to provide instructions for tax fense relating to fraudulent claims tative Military Edge over military threats to reform; read the first time. about military service. Israel; to the Committee on Foreign Rela- By Mr. CASEY (for himself and Mr. S. 1935 tions. BROWN of Ohio): At the request of Mrs. HAGAN, the f S. 3402. A bill to require the Secretary of name of the Senator from South Da- Labor to maintain a publicly available list of kota (Mr. THUNE) was added as a co- REPORTS OF COMMITTEES all employers that relocate a call center sponsor of S. 1935, a bill to require the The following reports of committees overseas, to make such companies ineligible for Federal grants or guaranteed loans, and Secretary of the Treasury to mint were submitted: to require disclosure of the physical location coins in recognition and celebration of By Mr. KERRY, from the Committee on of business agents engaging in customer the 75th anniversary of the establish- Foreign Relations, without amendment: service communications, and for other pur- ment of the March of Dimes Founda- H.R. 4240. A bill to reauthorize the North poses; to the Committee on Commerce, tion. Korean Human Rights Act of 2004, and for Science, and Transportation. S. 1947 other purposes. f By Mr. BAUCUS, from the Committee on At the request of Mr. BLUMENTHAL, Finance, without amendment: ADDITIONAL COSPONSORS the name of the Senator from Wash- S. 3326. A bill to amend the African Growth ington (Mrs. MURRAY) was added as a S. 672 and Opportunity Act to extend the third- cosponsor of S. 1947, a bill to prohibit country fabric program and to add South At the request of Mr. ROCKEFELLER, attendance of an animal fighting ven- Sudan to the list of countries eligible for the names of the Senator from Ne- ture, and for other purposes. designation under that Act, to make tech- braska (Mr. NELSON) and the Senator S. 2074 nical corrections to the Harmonized Tariff from Nevada (Mr. HELLER) were added At the request of Mr. CARDIN, the Schedule of the United States relating to the as cosponsors of S. 672, a bill to amend name of the Senator from Louisiana textile and apparel rules of origin for the Do- the Internal Revenue Code of 1986 to (Ms. LANDRIEU) was added as a cospon- minican Republic-Central America-United extend and modify the railroad track States Free Trade Agreement, to approve the sor of S. 2074, a bill to amend the Inter- maintenance credit. renewal of import restrictions contained in nal Revenue Code of 1986 to expand the the Burmese Freedom and Democracy Act of S. 722 rehabilitation credit, and for other pur- 2003, and for other purposes. At the request of Mr. WYDEN, the poses. f name of the Senator from Arkansas S. 2264 (Mr. BOOZMAN) was added as a cospon- At the request of Mr. HOEVEN, the INTRODUCTION OF BILLS AND sor of S. 722, a bill to strengthen and JOINT RESOLUTIONS name of the Senator from Arkansas protect Medicare hospice programs. (Mr. PRYOR) was added as a cosponsor The following bills and joint resolu- S. 1039 of S. 2264, a bill to provide liability pro- tions were introduced, read the first At the request of Mr. CARDIN, the tection for claims based on the design, and second times by unanimous con- names of the Senator from Maine (Ms. manufacture, sale, offer for sale, intro- sent, and referred as indicated: SNOWE) and the Senator from Iowa (Mr. duction into commerce, or use of cer- By Mr. SESSIONS (for himself and Mr. GRASSLEY) were added as cosponsors of tain fuels and fuel additives, and for CARDIN): S. 1039, a bill to impose sanctions on other purposes. S. 3396. A bill to amend the Public Health persons responsible for the detention, S. 2325 Service Act to provide for a national cam- abuse, or death of Sergei Magnitsky, paign to increase public awareness and At the request of Mr. NELSON of Flor- knowledge of Congenital Diaphragmatic Her- for the conspiracy to defraud the Rus- ida, the name of the Senator from Ar- nia, and for other purposes; to the Com- sian Federation of taxes on corporate kansas (Mr. PRYOR) was added as a co- mittee on Health, Education, Labor, and profits through fraudulent transactions sponsor of S. 2325, a bill to authorize Pensions. and lawsuits against Hermitage, and further assistance to Israel for the Iron By Mr. HATCH (for himself, Mr. ROB- for other gross violations of human Dome anti-missile defense system. ERTS, Mr. CORNYN, Mr. GRASSLEY, Mr. rights in the Russian Federation, and S. 2374 ENZI, Mr. COBURN, Mr. CRAPO, Mr. for other purposes. THUNE, Mr. BURR, Mr. KYL, and Mr. At the request of Mr. BINGAMAN, the S. 1299 MCCONNELL): name of the Senator from Vermont S. 3397. A bill to prohibit waivers relating At the request of Mr. MORAN, the (Mr. SANDERS) was added as a cospon- to compliance with the work requirements names of the Senator from North Da- sor of S. 2374, a bill to amend the He- for the program of block grants to States for kota (Mr. CONRAD) and the Senator lium Act to ensure the expedient and temporary assistance for needy families, and from West Virginia (Mr. MANCHIN) were responsible draw-down of the Federal for other purposes; to the Committee on Fi- added as cosponsors of S. 1299, a bill to Helium Reserve in a manner that pro- nance. require the Secretary of the Treasury By Mr. BINGAMAN (by request): tects the interests of private industry, S. 3398. A bill to provide for several critical to mint coins in commemoration of the the scientific, medical, and industrial National Park Service authorities, and for centennial of the establishment of communities, commercial users, and other purposes; to the Committee on Energy Lions Clubs International. Federal agencies, and for other pur- and Natural Resources. S. 1673 poses. By Mr. BINGAMAN (by request): At the request of Mr. AKAKA, the S. 2620 S. 3399. A bill to authorize studies of cer- name of the Senator from Delaware At the request of Mr. SCHUMER, the tain areas for possible inclusion in the Na- tional Park System, and for other purposes; (Mr. CARPER) was added as a cosponsor name of the Senator from New Mexico to the Committee on Energy and Natural Re- of S. 1673, a bill to establish the Office (Mr. UDALL) was added as a cosponsor sources. of Agriculture Inspection within the of S. 2620, a bill to amend title XVIII of By Mr. BENNET (for himself and Mr. Department of Homeland Security, the Social Security Act to provide for UDALL of Colorado): which shall be headed by the Assistant an extension of the Medicare-depend- S. 3400. A bill to designate certain Federal Commissioner for Agriculture Inspec- ent hospital (MDH) program and the land in the San Juan National Forest in the tion, and for other purposes. increased payments under the Medicare State of Colorado as wilderness, and for S. 1728 low-volume hospital program. other purposes; to the Committee on Energy and Natural Resources. At the request of Mr. BROWN of Mas- S. 3204 By Mr. HATCH (for himself and Mr. sachusetts, the names of the Senator At the request of Mr. JOHANNS, the MCCONNELL): from South Carolina (Mr. GRAHAM) and names of the Senator from Idaho (Mr.

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RISCH), the Senator from West Virginia pressing the sense of Congress regard- This is an important issue, and (Mr. MANCHIN) and the Senator from ing the nuclear program of the Govern- makes promoting awareness of this Wyoming (Mr. BARRASSO) were added ment of the Islamic Republic of Iran. birth defect and the positive outcomes as cosponsors of S. 3204, a bill to ad- S. CON. RES. 46 of good treatment especially impor- dress fee disclosure requirements under At the request of Mr. WEBB, the tant. the Electronic Fund Transfer Act, and names of the Senator from Utah (Mr. CDH will normally be diagnosed by for other purposes. LEE) and the Senator from Connecticut prenatal ultrasound as early as the S. 3252 (Mr. LIEBERMAN) were added as cospon- 16th week of pregnancy. That is impor- At the request of Mr. PORTMAN, the sors of S. Con. Res. 46, a concurrent tant. If undiagnosed before birth, the names of the Senator from North Caro- resolution expressing the sense of Con- baby may be born in a facility that is lina (Mr. BURR), the Senator from gress that an appropriate site at the not equipped to treat its compromised Oklahoma (Mr. INHOFE), the Senator former Navy Dive School at the Wash- respiratory system because many CDH from Texas (Mrs. HUTCHISON), the Sen- ington Navy Yard should be provided babies need to be placed on a heart- ator from Alabama (Mr. SESSIONS), the for the Man in the Sea Memorial Monu- lung bypass machine, which is not Senator from Tennessee (Mr. CORKER), ment to honor the members of the available in many hospitals. the Senator from Tennessee (Mr. ALEX- Armed Forces who have served as div- The lungs of a baby with CDH are ANDER), the Senator from Georgia (Mr. ers and whose service in defense of the often too small, biochemically imma- ISAKSON) and the Senator from Arkan- United States has been carried out be- ture, structurally immature, and the sas (Mr. PRYOR) were added as cospon- neath the waters of the world. flow in the blood vessels may be con- stricted, resulting in pulmonary hyper- sors of S. 3252, a bill to provide for the S. RES. 428 tension. award of a gold medal on behalf of Con- At the request of Mr. BLUMENTHAL, gress to Jack Nicklaus, in recognition As a result, the babies are intubated the name of the Senator from New as soon as they are born, and parents of his service to the Nation in pro- York (Mrs. GILLIBRAND) was added as a moting excellence, good sportsman- are often unable to hold their babies cosponsor of S. Res. 428, a resolution for weeks or even months at a time. ship, and philanthropy. condemning the Government of Syria S. 3340 Most babies are repaired with sur- for crimes against humanity, and for gery 1 to 5 days after birth, usually At the request of Mrs. MURRAY, the other purposes. names of the Senator from Vermont with a GORE-TEX patch. The abdom- S. RES. 490 inal organs that have migrated into (Mr. SANDERS) and the Senator from At the request of Mrs. BOXER, the the chest are put back where they are West Virginia (Mr. ROCKEFELLER) were name of the Senator from Virginia (Mr. added as cosponsors of S. 3340, a bill to supposed to be and the hole in the dia- WEBB) was added as a cosponsor of S. phragm is closed, hopefully allowing improve and enhance the programs and Res. 490, a resolution designating the activities of the Department of Defense the affected lungs to expand. However, week of September 16, 2012, as hospitalization often ranges from 3 to and the Department of Veterans Af- ‘‘Mitochondrial Disease Awareness fairs regarding suicide prevention and 10 weeks, depending on the severity of Week’’, reaffirming the importance of the condition. resilience and behavioral health dis- an enhanced and coordinated research orders for members of the Armed Survivors often have difficulty feed- effort on mitochondrial diseases, and ing, some require a second surgery to Forces and veterans, and for other pur- commending the National Institutes of poses. control reflux, others require a feeding Health for its efforts to improve the tube, and a few will reherniate and re- S. 3364 understanding of mitochondrial dis- quire additional repair. At the request of Ms. STABENOW, the eases. Congenital diaphragmatic hernia is a names of the Senator from Minnesota f birth defect that occurs in 1 out of (Ms. KLOBUCHAR) and the Senator from every 2,500 babies. Every 10 minutes a Missouri (Mrs. MCCASKILL) were added STATEMENTS ON INTRODUCED baby is born with CDH, adding up to as cosponsors of S. 3364, a bill to pro- BILLS AND JOINT RESOLUTIONS more than 600,000 babies with CDH vide an incentive for businesses to By Mr. SESSIONS (for himself since just 2000. CDH is a severe, some- bring jobs back to America. and Mr. CARDIN): times fatal defect that occurs as often S. 3394 S. 3396. A bill to amend the Public as cystic fibrosis and spina bifida. Yet At the request of Mr. JOHNSON of Health Service Act to provide for a na- most people have never heard of CDH. South Dakota, the names of the Sen- tional campaign to increase public In my opinion, awareness and early ator from Oregon (Mr. MERKLEY), the awareness and knowledge of Congenital diagnosis and skilled treatment are the Senator from Tennessee (Mr. CORKER) Diaphragmatic Hernia, and for other keys to a greater survival rate in these and the Senator from West Virginia purposes; to the Committee on Health, babies. Fifty percent of the babies born (Mr. MANCHIN) were added as cospon- Education, Labor, and Pensions. with CDH do not to survive. sors of S. 3394, a bill to address fee dis- Mr. SESSIONS. Mr. President, I rise In 2009, my grandson, Jim Beau, now closure requirements under the Elec- today to introduce legislation, along 21⁄2 years old, was diagnosed with CDH tronic Fund Transfer Act, to amend with my friend and able colleague, Sen- during my daughter Mary Abigail’s the Federal Deposit Insurance Act with ator BEN CARDIN of Maryland, that 34th week of pregnancy. Although she respect to information provided to the would create a national campaign at had both a 20-week and a 30-week Bureau of Consumer Financial Protec- the Department of Health and Human ultrasound, the nurses and doctors did tion, and for other purposes. Services to bring attention to con- not catch the disease on the baby’s S. 3395 genital diaphragmatic hernia. heartbeat monitor. Thankfully, when At the request of Mr. MERKLEY, the What is CDH? It is a birth defect that Mary Abigail and her Navy officer hus- name of the Senator from Oregon (Mr. occurs when the fetal diaphragm fails band Paul and daughter Jane Ritchie WYDEN) was added as a cosponsor of S. to fully develop, allowing abdominal moved to southeast Georgia, the baby’s 3395, a bill to amend the Federal Crop organs to migrate up into the chest. irregular heartbeat was heard at her Insurance Act to extend certain supple- This invasion of organs—including first appointment with her new OB. mental agricultural disaster assistance the bowel, stomach, spleen, and liver— She was sent to Jacksonville, FL, for programs. may severely limit the growth of a a fetal echo. The technician there told S.J. RES. 41 baby’s lungs. her she wasn’t going to do the echo be- At the request of Mr. GRAHAM, the Regrettably, some have rec- cause there was something else wrong name of the Senator from Montana ommended terminating the pregnancy with the baby. She asked my daughter (Mr. BAUCUS) was added as a cosponsor when a woman learns that her unborn if she had ever heard of congenital dia- of S.J. Res. 41, a joint resolution ex- child has CDH. phragmatic hernia. Of course, Mary

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COBURN, THUNE, and BURR—valuable Gainesville, FL on November 16, and The bill Senator CARDIN and I are in- and distinguished members of the Sen- Jim Beau was born 2 weeks later on troducing today is important because a ate Finance Committee. November 30. They heard their son cry national campaign for CDH will help This bill includes dispositive findings out twice after he was born, right be- bring awareness to this birth defect clearly demonstrating that the Obama fore they intubated him, but they were and save lives, I am convinced of it. Al- administration acted outside the scope not allowed to hold him. though hundreds of thousands of babies of the law and the clear intent of Con- The doctors let his little lungs get have been diagnosed with this defect, gress. I would like to stress the fact strong before they did the surgery to the causes are unknown and more re- that I am introducing this legislation correct the hernia, when he was 4 days search is needed. The thousands of because I believe the Obama adminis- old. As it turned out, the hole in his di- happy, growing children who have tration grossly undermined the con- aphragm was large, and his intestines, overcome this condition validates what stitutional authority of the legislative spleen, and one kidney had moved up has been accomplished to date and en- branch to effect changes and settle the into his chest cavity. Thankfully, Jim courages us to do even more. law. Beau did not have to go on a heart-lung I hope my colleagues will join me and It does not mean I believe the 1996 bypass machine, but he was on a venti- my friend and colleague Senator law is perfect in every way and cannot lator for 12 days and on oxygen for 36. CARDIN in supporting this bill to bring be improved upon. That could not be In total, he was in the NICU—the neo- awareness of CDH to the world. I think further from the truth. A case could be natal intensive care unit—for 43 days it will create many more happy and made that due to prolonged inaction before he was able to go home, all healthy young people in the years to the TANF Programs, the Temporary under the constant watch of his angel come. Assistance for Needy Families Pro- grams, have withered on the vine, and mother. I could not have been prouder By Mr. HATCH (for himself, Mr. of her. She and Paul were wonderful now many States see TANF as a fund- ROBERTS, Mr. CORNYN, Mr. during this time. ing stream rather than a welfare pro- GRASSLEY, Mr. ENZI, Mr. This country has superb health gram. COBURN, Mr. CRAPO, Mr. THUNE, An exception to this is my State of care—the world’s best. Without even Mr. BURR, Mr. KYL, and Mr. Utah. Utah runs a gold standard wel- our knowledge, this young Navy family MCCONNELL): fare program which focuses, like a had their unborn child diagnosed and S. 3397. A bill to prohibit waivers re- laser, on work. By work, I mean real sent to a university hospital three lating to compliance with the work re- work, as in a paying job; work as most hours away the University of Florida’s quirements for the program of block Americans define work, not work as de- Shands Hospital. grants to States for temporary assist- fined in the ‘‘Alice in Wonderland’’ Fortunately for my family, and for ance for needy families, and for other world of TANF, where running errands, thousands of other similar families purposes; to the Committee on Fi- smoking cessation, and bed rest count across the United States, there are a nance. as work. Utah would like some relief— number of physicians doing incredible Mr. HATCH. Mr. President, today I I think a lot of other States, in addi- work to combat CDH. By chance, the introduce the Preserving Work Re- tion to Utah, would like some relief— University of Florida’s Shands Chil- quirements Act of 2012. Chairman CAMP from a number of administrative proce- dren’s Hospital is surely one of the of the House Committee on Ways and dures in order to focus even more vig- world’s best—maybe the best. The CDH Means will introduce a companion orously to moving welfare clients to survival rate at Shands in Gainesville measure in the House. This bill halts jobs. This is a very reasonable propo- is unprecedented. The survival rate of last week’s unprecedented power grab sition, especially if combined with a CDH babies born at Shands is being re- from the Obama administration, robust evaluation of the success of ported at 80 to 90 percent, while the na- whereby unelected bureaucrats unilat- moving clients into work. tionwide average is 50 percent. erally granted themselves the author- I do not want the introduction of this Dr. David Kays, who directs the CDH ity to waive Federal welfare work re- legislation to prevent the Obama ad- program and who was the physician for quirements. ministration from bypassing Congress my grandson’s surgery, is a magnifi- To put this another way, unelected to imply that when Congress does take cent surgeon and physician. He uses bureaucrats ignored the law passed by up the reauthorization of the TANF gentle ventilation therapy as opposed Congress, the elected representatives Programs, that I will not be open to to hyperventilation. Gentle ventilation of the American people. They ignored giving States flexibility in exchange therapy, he has discovered over the the work requirements intended by for results. The fact remains that this years, is less aggressive and therefore Congress and by the Presidents of both administration and the Democratically protects the underdeveloped lungs. Jim parties who signed welfare reform and controlled Senate could have made Beau, I have to say, is a wonderful lit- its subsequent reauthorizations. welfare reform a priority for several tle boy, full of energy and enthusiasm. Ultimately, they decided they knew years. They did not. For the adminis- He is active and happy—one of the better than the American people. The tration to be arguing now that they most happy young children I have ever American people, through their rep- need to give States flexibility under seen—and so quick to smile. resentatives, enacted work require- TANF rules is so urgent the need to by- This weekend, he attended his big ments in welfare reform. These pass Congress right this very minute sister Jane Ritchie’s 5 year birthday unelected administrators decided they does not pass the laugh test. party and he was totally happy and did not like these work requirements, I am going to do everything I can to running around, climbing over all the so with the stroke of a pen, they have stop the administration from going for- playground equipment, with the older attempted to eliminate them. Not to ward with its waiver scheme. Then we children just as though he was one of put too fine a point on it, but this ac- should roll up our sleeves and take a them. He thought he was in high cot- tion is fundamentally illegitimate in a good, honest look at how welfare re- ton to be playing with these big boys Democratic Republic and is just the form has been working for the past 16 and girls. latest example of President Obama’s years. While the challenges are many, so administration acting without legal Domestic social policy is rarely per- are the successes with this condition. warrant when the law stands in their manently settled. Things change; peo- Every year more is learned and there way. ple change. A law that is more than

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I do not view the Preserving undertake or update fifteen special re- but the effects of this proposal would net to zero; therefore, it is in compliance with the Work Requirements for Welfare Pro- source studies to determine the appro- Statutory PAYGO Act. grams Act of 2012 as the end of the de- priateness of adding the study areas to The Office of Management and Budget has bate on how best to get families out of the National Park System. advised that there is no objection to the en- poverty. In fact, I see it as the begin- I am pleased to introduce these bills, actment of the attached draft legislation ning of what I hope will be a thought- S. 3398 and S. 3399, by request as a cour- from the standpoint of the Administration’s ful and deliberative discussion of these tesy to the Administration. Mr. Presi- program. critical issues. dent, I ask unanimous consent that the Sincerely, KEN SALAZAR. Finally, some in the press have at- transmittal letters from the Secretary Enclosures. tempted to characterize this debate, of the Interior, including a section-by- NATIONAL PARK SYSTEM CRITICAL AUTHORI- section analysis of each bill, be printed which at its heart is one of Executive TIES ACT OF 2012 SECTION-BY-SECTION ANAL- overreach as a standoff between me and in the RECORD. YSIS my own home State of Utah. As they There being no objection, the mate- Section 1: Provides a short title, ‘‘National say in the country, that dog just won’t rial was ordered to be printed in the Park System Critical Authorities Act of hunt. I have consistently supported RECORD, as follows: 2012’’. State flexibility in exchange for meas- DEPARTMENT OF THE INTERIOR, Section 2: Amends ‘‘An Act providing for urable outcomes. One of the few pieces OFFICE OF THE SECRETARY, the removal of snow and ice from the paved of domestic social policy legislation Washington, DC, June 5, 2012. sidewalks of the District of Columbia’’ by di- that has actually been enacted during Hon. JOSEPH R. BIDEN, Jr., recting federal agencies in the District to be responsible for snow and ice removal in pub- this session of Congress, Public Law President of the Senate, Washington, DC. lic areas in front of or adjacent to their man- AU 112–34, was authored by Chairman B - DEAR MR. PRESIDENT: Enclosed is a draft of aged properties. CUS and me to provide States with a bill entitled, ‘‘National Park System Crit- Section 3: Authorizes an exchange of land waivers to improve outcomes in their ical Authorities Act of 2012.’’ Also enclosed between the National Park Service and the child welfare systems. Utah has applied is a section-by-section analysis of the bill. Federal Highway Administration. The ex- for one of these child welfare waivers. We recommend that the bill be introduced, change would allow for permanent access to As Casey Stengel said: You can look it referred to the appropriate committee for the Claude Moore Colonial Farm, part of the up. consideration, and enacted. George Washington Memorial Parkway, and This proposal is needed to resolve three for improved security at the Turner- I worked very hard back in the mid- specific National Park Service issues that Fairbank Highway Research Center and the dle 1990s to get welfare reform passed. are of critical concern. Enactment of this Central Intelligence Agency’s Langley Head- We required a work part of that. We legislation would promote more effective and quarters. said: We are going to help you folks. efficient government operations. None of the Section 4: Amends the Act of March 2, 1933, We are going to subsidize you, we are three measures would result in costs to the to make violations occurring in various park going to give you help financially, but federal government, other than very nominal sites consistent with the penalties set out in at the end of a certain period of time, costs. 16 U.S.C. 3 and 18 U.S.C. 3571. you better have a job. The work These new authorities address: Section 5: Authorizes appropriations to District of Columbia Snow Removal: The carry out this Act. clauses of that bill have helped mil- proposal amends a 1922 law by requiring fed- lions of people to get jobs and get the eral agencies in the District to be respon- THE SECRETARY OF THE INTERIOR, self-esteem that comes from working sible for the removal of snow and ice in the Washington, DC, June 22, 2012. and supporting themselves. To have public areas associated with their buildings. Hon. JOSEPH R. BIDEN, Jr., this administration unilaterally, and Although federal agencies have assumed re- President of the Senate, without any congressional authoriza- sponsibility for snow removal at their re- Washington, DC. tion, modify that work requirement is spective sites, the language in the 1922 law DEAR MR. PRESIDENT: Enclosed is a draft of specifies that the National Park Service is a bill entitled. the ‘‘National Park Service just plain wrong. responsible. Enactment of this provision Study Act of 2012.’’ Also enclosed is a sec- Frankly, I will be for flexibility in would eliminate a longstanding legal liabil- tion-by-section analysis of the bill. the work requirement, but I don’t con- ity burden for the National Park Service. We recommend that the bill be introduced, sider bed rest work. We can list 10 or 15 George Washington Memorial Parkway: referred to the appropriate committee for other things that the administration The proposal authorizes the Federal High- consideration, and enacted. has been talking about that don’t qual- way Administration (FHA) and the National This proposed legislation would authorize ify for work either. Park Service to exchange lands along the the National Park Service to conduct several This is an important issue. I hope the George Washington Memorial Parkway. Cur- studies of areas and themes that merit con- rently, the Service has a written agreement sideration. The studies would include: Congress will stand up for itself and let with the FHA permitting public access to Kau Coast—Adjacent to Hawaii Volcanoes this administration know there is a the Claude Moore Historical Farm. Land ex- National Park, the area includes more than limit to what we are going tolerate change authority would allow for a perma- 20,000 acres along 27 miles of the spectacular from an Executive order standpoint. nent guarantee of visitor access to the site Kau Coast on the south side of the island of as well as the ability to increase security at Hawaii. A reconnaissance survey completed By Mr. BINGAMAN (by request): the FHA’s Turner-Fairbank Highway Re- in 2006 found the area contains significant S. 3398. A bill to provide for several search Center and the Central Intelligence natural, geological, and archeological fea- critical National Park Service authori- Agency complex adjacent to the farm. tures including both black and green sand ties, and for other purposes; to the Uniform Penalties for Violations on Park beaches as well as a significant number of Committee on Energy and Natural Re- Service Lands: The inclusion of a number of endangered and threatened species, most no- military and historic sites into the National tably the endangered hawksbill turtle. It sources. Park System during the 1930’s created incon- also exhibits some of the best remaining ex- Mr. BINGAMAN. Mr. President, last sistencies in the penalties used for violations amples of native coastal vegetation in Ha- month the Department of the Interior at various parks. This disparity in penalties waii. transmitted two draft legislative pro- undermines fair and effective law enforce- Rota, Commonwealth of the Northern Mar- posals relating to the National Park ment and criminal prosecution. This pro- iana Islands—Rota was the only major island Service. Both executive communica- posal would eliminate these inconsistencies in the Mariana Archipelago to be spared the tions were referred to the Committee in federal penalties for crimes committed in destruction and large-scale land use changes on Energy and Natural Resources. certain park units. brought about by World War II and its after- The Statutory Pay-As-You-Go Act of 2010 math. The best remaining examples of this The first legislative proposal, the Na- provides that revenue and direct spending island chain’s native limestone forest are tional Park Service Critical Authori- legislation cannot, in the aggregate, increase found on Rota. Rota is also regarded as the ties Act of 2012, would address three the on-budget deficit. If such legislation in- cultural home of the indigenous Chamorro National Park Service management creases the on-budget deficit and that in- people and contains the most striking and

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11533 well-preserved examples of their three thou- can Americans in realistic terms rather than Register of Historic Places and for designa- sand-year old culture. the caricatures and stereotypes commonly tion as National Historic Landmarks. Aleut Relocation and Confinement—Nine found in Hollywood films of that era. On the Reconstruction Era in the South—A Na- sites in the State of Alaska are associated basis of a reconnaissance survey completed tional Historic Landmark theme study with the forced relocation of the Aleut peo- in 2010, the National Park Service concluded would identify sites that are significant to ple by the United States during World War that a special resource study of the Norman the Reconstruction era in the south. It was a II. Unlike the internment of Japanese-Amer- Studios site is warranted. controversial and difficult period in Amer- icans during the war, the forced evacuation Mobile-Tensaw River Delta—This delta, in ican history characterized by the adoption of and confinement of Alaska natives is little southern Alabama, is the second largest new constitutional amendments and laws, known but equally poignant and historically delta in the United States, after the Mis- the establishment of new institutions, and significant. Four Unangan villages were left sissippi River Delta, and is considered the the occurrence of significant political events behind in the evacuations and never perma- best remaining delta ecosystem of its kind in all surrounding the efforts to reincorporate nently resettled. Residents of the villages of the country. At 40 miles long and 6 to 16 the South into the Union and to provide Biorka, Kashega, and Makushin, all in the miles wide, it contains 300 square miles of newly freed slaves with political rights and Unalaska Island area, were removed and flood plains, cypress-gum swamps, tidal opportunities to improve their lives. The taken to southeast Alaska. Residents of Attu marshes, and bottomland forests. The Delta theme study would include recommendations were taken by Japanese soldiers to an in- is ecologically rich, supporting 126 species of for the nomination of any new National His- ternment camp on Hokkaido, Japan for the fish, 46 species of mammals, 99 species of rep- toric Landmarks, and sites which merit fur- duration of the war. tiles and amphibians, and over 300 species of ther study for potential inclusion in the Na- Japanese American Relocation Camps— birds. It was designated as a national natural tional Park System. Japanese Americans were forced into 10 in- landmark in 1974 and has more than 100,000 Chattahoochee River National Recreation ternment and relocation camps in the con- contiguous acres of Federal and state prop- Area—A study of a boundary expansion for tiguous United States by the U.S. Govern- erty. the Chattahoochee River National Recre- ment during World War II. The special re- Galveston Bay—Galveston Bay is the larg- ation Area is proposed for an area extending source study proposed by this legislation est, most biologically productive estuary approximately 45 miles from the southern would look at seven camps where the extant along the Texas Gulf coast. The shallow boundary of the existing National Recre- resources remain without National Park bay’s 600 square miles (384,000 acres) of open ation Area south to the junction of Coweta, Service protection: Heart Mountain Reloca- water, freshwater and tidal marshes, Heard, and Carroll Counties. These areas tion Center in Wyoming; Gila River and seagrass meadows, and oyster reefs are sur- along the Chattahoochee River corridor in- Poston in Arizona; Grenada in Colorado; Je- rounded by bottomland forest and prairie clude several state and county parks. rome and Rohwer in Arkansas; and Topaz in wetland and are home to over 1,800 pairs of The Office of Management and Budget has Utah. endangered brown pelicans. The bay pro- advised that there is no objection to the en- American Latino Heritage in the San Luis duces more oysters than any other body of actment of the attached draft legislation Valley and Central Sangre de Cristo Moun- water in the United States, and yields about from the standpoint of the Administration’s tains—The San Luis Valley represents the one third of Texas’ commercial fishing har- program. northernmost expansion of the Spanish Colo- vest. Dredged shipping channels cross the Sincerely, nial and Mexican frontiers into North Amer- bay to the busy port of Houston. The east KEN SALAZAR. ica. Here at the edge of the southern Rocky and west lobes of the bay adjoin the Anahuac Mountains, the legacy of this Latino settle- and Brazaria National Wildlife Refuges, By Mr. BENNET (for himself and ment is still clearly evident. A reconnais- which together protect over 77,000 acres of Mr. UDALL of Colorado): sance survey conducted in 2011 identified a habitat. S. 3400. A bill to designate certain distinctive and exceptional concentration of Peleliu—A special resource study of the Federal land in the San Juan National historic resources associated with Latino World War II Peleliu battlefield was com- Forest in the State of Colorado as wil- settlement, including Colorado’s oldest docu- pleted in 2003. The study found that the mented town, only communal pasture, first Peleliu battlefield met significance and suit- derness, and for other purposes; to the water right, and oldest church, and called for ability criteria but the village clans who Committee on Energy and Natural Re- further study. claim ownership of the lands would consider sources. Goldfield—Goldfield is a historic mining setting aside only a small portion as a bat- Mr. BENNET. Mr. President, I have community in southwestern Nevada. A re- tlefield site. The area was considerably come to the floor to talk about Colo- connaissance survey completed in 2009 found smaller than that identified by the NPS as rado. This summer, most people have the site contained nationally significant re- the minimum area for which a determination been thinking about the wildfires we sources, and recommended that a special re- of feasibility could be made. There has been have had up there. These fires were source study be completed. The study would a substantial shift in support by the local include extensive public involvement with people for the site becoming a unit of the Na- widespread throughout the State, and local landowners, government agencies, area tional Park System and an updated study it is still just the beginning of fire sea- businesses and non-profit organizations. It would allow a reexamination of the feasi- son. We have already seen a lot of dam- would examine a wide range of public and bility issue. age, including the destruction of hun- private options for the future protection and Vermejo Park Ranch—A special resource dreds of homes, and, most sadly, the interpretation of the Goldfield site in rela- study of the Vermejo Park Ranch in New loss of life. tion to the mining history of the United Mexico and Colorado was completed in 1979, I wish to say in this Chamber, to all States and the State of Nevada. and concluded that the ranch possessed na- my colleagues, how much I appreciate Hudson River Valley—The Hudson River tionally significant cultural and natural re- Valley in New York is known for its unique sources that merited inclusion in the Na- their kindness. The knowledge that all natural resources, its archeological remains tional Park System. Thirty-two years have of you have been thinking about people documenting 6,000 years of human occupa- elapsed since the special resource study and at home has been very comforting to tion, and its history as the river that revolu- several significant changes to the ranch have the people I represent. Thanks to the tionized a new method of waterborne trans- occurred during the interim. A recent recon- heroic work of the firefighters, and portation—the steamboat. It also provides naissance survey recommended an update of with a lot of help also from Mother Na- recreational opportunities to millions of the 1979 study to determine whether this ture, the fires are under control. So I residents. The area may provide an oppor- area still meets the criteria for addition to wish to remind people, as I have been tunity to explore a new prototype of land- the National Park System. scape scale protection in an urban, suburban Buffalo Soldiers in the National Parks—In doing now for months, that Colorado is and rural setting through the combination of the early years of the National Parks, the the best place to visit during the sum- potential unit designation and a Federal, Buffalo Soldiers were the forerunners of to- mer. It is the best place to bring your state and local cooperative effort to protect day’s park rangers, patrolling the family. non-federally owned natural and historic re- backcountry, building trails, and stopping In fact, last week—or during the re- sources. poaching. The study would evaluate the suit- cess—Susan and I loaded up the Norman Studios—Norman Studios was a ability and feasibility of establishing a na- minivan and drove across the State silent movie production house in Jackson- tional historic trail commemorating the with our kids. It takes all the fun out ville, Florida during the 1920s specializing in route traveled by the Buffalo Soldiers from what were then known as ‘‘race films.’’ their post in the Presidio of San Francisco to of playing the license plate game when These films used African American writers Sequoia and Yosemite National Parks. It you are driving in Colorado because in and actors to create entertainment for an would also identify sites that could be fur- about 2 hours the kids saw half the li- African American audience, portraying Afri- ther evaluated for listing on the National cense plates representing half the

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11534 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 States in the United States—just 2 an agreement to work together on a LA PLATA COUNTY, hours from Denver, CO. So I would say, bill, a balanced bill that managed the Durango, CO, November 3, 2011. as I have said time and time again, watershed so it would contribute to the Hon. MICHAEL BENNET, over the coming months, if you have Hart Senate Office Building, local economy long into the future. Washington, DC. plans to come to our State, please do. After nearly 14 months of discussions DEAR SENATOR BENNET: You recently re- Today, I wish to focus on one area and negotiations since that hike, I in- leased draft legislation to protect the that illustrates how special our State troduced that bill earlier today. Hermosa Creek area just north of Durango, of Colorado is. and we wish to express our strong support for The Hermosa Creek watershed is a The Hermosa Creek Watershed Pro- that component of the legislation. We have beautiful parcel of land just up the tection Act governs the entire 108,000- previously supported the work and rec- road from Durango in the southwest acre watershed. It includes provisions ommendations of the Hermosa Creek corner of our State. to allow for multiple uses, such as tim- Workgroup, and believe that this draft accu- rately reflects those recommendations. Over 4 years ago, an incredibly di- ber harvesting for forest health; access and trails for off-road vehicle enthu- The Board of Commissioners has followed verse group of local citizens, mountain the public process conducted by the Hermosa bikers, fishermen, outfitters, local siasts, and for mountain bikers. Creek Workgroup since its beginning over elected officials, and others got to- It keeps getting better. The bill also two years ago, and we believe that the proc- gether to talk about the future of this adds nearly 40,000 acres to the National ess has been open, transparent, and effective. striking land. Everybody involved likes Wilderness Preservation System, lands Virtually every group with an interest in the Hermosa watershed participated in the dis- to visit the area for recreation or to do that provide unique and important op- business there. Their discussion was cussions, which were constructive and well- portunities for solitude and reflection, facilitated. about how to put together a plan from lands that will remain undeveloped for- The Hermosa Creek watershed is an invalu- the local level up to manage the area ever, so they will always have clear able resource for La Plata County for a num- so everyone could enjoy it and benefit, streams of fish and lush forests for a ber of reasons. The recreational opportuni- and so that we could protect it for the local outfitter to take clients into the ties the area offers, from hunting and fishing to hiking, mountain biking, and skiing, are next generations of Coloradans and the wilderness on horseback. next generations of Americans. world class, and contribute significantly to A little over a year ago, the group in- I am proud to report the bill has the the County’s recreation and tourism eco- nomic base. Local outfitting businesses, ho- vited my family and me to take a hike unanimous bipartisan backing of the two county commissions involved, the tels, restaurants, gas stations, and gear through the watershed and join the dis- shops all benefit from a protected Hermosa cussion. During a tour over the last San Juan County Commission and the Creek region. Memorial Day weekend, we unloaded at La Plata County Commission. I ask With its Outstanding Waters designation the Hermosa Creek trailhead, we tied unanimous consent to have printed in by the State of Colorado, Hermosa Creek up our boots, and my youngest daugh- the RECORD a copy of letters of support provides a major clean water contribution to ter Anne made a hiking stick out of a from both counties. the Animas River, which is the water source nearby fallen branch. We started up the for many of La Plata County’s residents. As There being no objection, the mate- a source of clean air and spectacular scenery, trail with 40 or so others from the local rial was ordered to be printed in the Hermosa Creek also plays a key role in community. RECORD, as follows: maintaining the natural amenities that As we climbed higher and higher, we SAN JUAN COUNTY, make La Plata County attractive to new were all overcome by the beauty. Peo- Silverton, CO, June 27, 2012. residents and businesses. The proposal to protect the Hermosa Creek ple stopped talking. I stopped talking Sen. MICHAEL F. BENNET, largely because I was out of breath. Russell Senate Office Building, watershed through a special management But the people I was with were as awe- Washington, DC. designation, containing wilderness and un- roaded designations for portions of the area, struck as I was by the beauty of this DEAR SENATOR BENNET: San Juan County is truly a community-based approach to place. It was a particularly settling is supportive of the collaborative community local land management. We commend you walk after being cooped up with my process conducted by the Hermosa Creek for respecting the hard work of the Hermosa children. Workgroup. This was an open, inclusive proc- Creek Workgroup by including the group’s There are forested valleys, crystal- ess that has brought together local citizens recommendations in your draft legislation. clear streams, and unspoiled views. and organizations that are concerned with We support the legislation, and stand ready After about an hour, the group pulled protecting the special values of the Hermosa to help in whatever way to see it enacted off the Forest Service trail into a Creek Watershed in San Juan and La Plata into law. meadow. And as Anne, Helena, and Counties in southwest Colorado. Sincerely, For more than two years the Hermosa KELLIE C. HOTTER, Caroline Bennet made themselves and Chair. their father and mother dandelion Creek Workgroup worked within the frame- work developed by the River Protection ROBERT A. LIEB, JR., necklaces, we started a discussion Vice-Chair. Workgroup whose goal is ‘‘Involving the pub- about what this area means to the peo- WALLACE ‘‘WALLY’’ WHITE, lic in protecting the natural values of se- Commissioner. ple who live there and the people who lected streams while allowing water develop- visit. The sportsmen come to fish for ment to continue.’’ Mr. BENNET. It has the support of native Colorado cutthroat trout and the Hermosa Creek Workgroup, rang- As a result of this process, the Hermosa for back-country elk hunting. The Creek Workgroup determined that ‘‘The ing from hard-rock miners to wilder- mountain bikers come to enjoy single- Hermosa Creek Area is exceptional because ness advocates. I am pleased to carry track riding on trails known through- it is a large intact (unfragmented) natural this bill on behalf of the people of Colo- out the United States of America, and watershed containing diverse ecosystems, in- rado. I am especially proud because actually in other countries as well. The cluding fish, plants and wildlife, over a road this was a community-driven process local water districts love Hermosa be- elevation range, and supports a variety of at its very finest, through and through, cause it provides drinking water for multiple uses, including recreation and graz- from beginning to end. Colorado wrote the great city of Durango. Workers in ing, in the vicinity of a large town.’’ this bill. This bill wasn’t written in the timber and mining industries stress San Juan County supports the proposed Washington, DC. The bill has grown that some of the watershed could con- Federal Legislation for the Hermosa Creek from the grassroots up, Republicans, tribute to extractive development in Watershed Protection Act of 2012 and re- Democrats, and Independents working the future. Some might not know that spectfully requests that your office initiate a together to cement a long-term plan legislative process to achieve the goals set mining has long been an economic driv- forth by the Hermosa Work Group. for the community’s future. er in that region of our State. Sincerely, I also want to thank my senior Sen- This is a photograph of the group ERNEST F. KUHLMAN, ator, Senator UDALL of Colorado, for that hiked that day. The upshot of the Chairman, joining me as a cosponsor of the bill, discussion we had in that meadow was San Juan County Commissioners. and to thank Senators BINGAMAN and

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MURKOWSKI for their past help moving was ordered to lie on the table; as fol- SEC. 203. RECOMMENDATIONS BY UNITED Colorado land bills through their com- lows: STATES INTERNATIONAL TRADE COMMISSION FOR DUTY SUSPEN- mittee. I am confident that as we work At the end, add the following: SIONS AND REDUCTIONS. on this bill together we will find simi- SEC. ll. REQUIRED DISCLOSURE OF NUMBER (a) ESTABLISHMENT OF REVIEW PROCESS.— lar consensus. OF DOMESTIC AND FOREIGN EM- Not later than 30 days after the date of the To bring this back to the beginning, PLOYEES. enactment of this Act, the Commission shall I don’t have to convince most people Section 13 of the Securities Exchange Act complete all actions necessary to establish a that Colorado is a special place. Many of 1934 (15 U.S.C. 78m) is amended by adding process pursuant to which the Commission have visited our State over their life- at the end the following new subsection: will— ‘‘(r) DISCLOSURE OF NUMBER OF DOMESTIC times to ski our mountains, run our (1) review each article with respect to AND FOREIGN EMPLOYEES.— which a duty suspension or reduction may be rivers, or climb a ‘‘14er.’’ The Hermosa ‘‘(1) IN GENERAL.—Beginning with the first Creek watershed represents some of the made— full fiscal year that begins after the date of (A) at the initiative of the Commission; or best Colorado has to offer. It deserves enactment of this subsection, each issuer re- (B) pursuant to a petition submitted or re- to be protected for our outdoor recre- quired to file reports with the Commission ferred to the Commission under subsection ation economy, and for future genera- pursuant to subsection (a) shall disclose an- (b); and tions. nually to the Commission and to share- (2) submit a draft bill to the appropriate I want to thank all of the people who holders— congressional committees under subsection ‘‘(A) the total number of employees, as de- (d). have spent countless hours working to- fined in subsection (d) of section 3121 of title gether to make sure they could over- 26 United States Code, or any regulations in- (b) PETITIONS.— come their differences and reach a con- terpreting such subsection, who are domi- (1) IN GENERAL.—As part of the process es- sensus on this bill. As I have told all of ciled in the United States and employed by tablished under subsection (a), the Commis- them, it makes my work so much easi- the issuer or any consolidated subsidiary of sion shall establish procedures under which a petition requesting the Commission to re- er when people work in such a con- the issuer; ‘‘(B) the total number of employees, as de- view a duty suspension or reduction pursu- structive way together, and for that, ant to that process may be— they have my deep appreciation. fined in subsection (d) of section 3121 of title 26 United States Code, or any regulations in- (A) submitted to the Commission by a f terpreting such subsection, who are domi- member of the public; or ciled in any country other than the United (B) referred to the Commission by a Mem- AMENDMENTS SUBMITTED AND ber of Congress. PROPOSED States and employed by the issuer or any consolidated subsidiary of the issuer, listed (2) REQUIREMENTS.—A petition submitted SA 2554. Mr. BROWN of Ohio (for himself, by number in each country; and or referred to the Commission under para- Mr. HARKIN, Mr. SANDERS, Mr. WHITEHOUSE, ‘‘(C) the percentage increase or decrease in graph (1) shall be submitted or referred at Mr. BLUMENTHAL, Mr. ROCKEFELLER, and the numbers required to be disclosed under such time and in such manner and shall in- Mrs. MCCASKILL) submitted an amendment subparagraphs (A) and (B) from the previous clude such information as the Commission intended to be proposed by him to the bill S. reporting year. may require. (3) NO PREFERENTIAL TREATMENT FOR MEM- 3364, to provide an incentive for businesses to ‘‘(2) EXEMPTIONS.—An issuer shall not be bring jobs back to America; which was or- subject to the requirements of paragraph (1) BERS OF CONGRESS.—A petition referred to dered to lie on the table. if the issuer is an emerging growth company, the Commission by a Member of Congress SA 2555. Mrs. MCCASKILL (for herself and as defined in section 3(a). under subparagraph (B) of paragraph (1) shall receive treatment no more favorable than Mr. PORTMAN) submitted an amendment in- ‘‘(3) REGULATIONS.—The Commission may tended to be proposed by her to the bill S. promulgate such regulations as it considers the treatment received by a petition sub- 3364, supra; which was ordered to lie on the necessary to implement the requirement mitted to the Commission by a member of table. under paragraph (1).’’. the public under subparagraph (A) of that SA 2556. Mrs. HUTCHISON submitted an paragraph. amendment intended to be proposed by her SA 2555. Mrs. MCCASKILL (for her- (c) PUBLIC COMMENTS.—As part of the proc- to the bill S. 3364, supra; which was ordered self and Mr. PORTMAN) submitted an ess established under subsection (a), the to lie on the table. amendment intended to be proposed by Commission shall establish procedures for— SA 2557. Mrs. HUTCHISON submitted an (1) notifying the public when the Commis- amendment intended to be proposed by her her to the bill S. 3364, to provide an in- sion initiates the process of reviewing arti- to the bill S. 3364, supra; which was ordered centive for businesses to bring jobs cles with respect to which duty suspensions to lie on the table. back to America; which was ordered to or reductions may be made and distributing SA 2558. Mrs. HUTCHISON (for herself and lie on the table; as follows: information about the process, including Mr. COBURN) submitted an amendment in- At the end, add the following: by— tended to be proposed by her to the bill S. (A) posting information about the process 3364, supra; which was ordered to lie on the TITLE II—TEMPORARY DUTY SUSPENSION on the website of the Commission; and table. PROCESS ACT (B) providing that information to trade as- SA 2559. Mr. REID (for Mrs. MURRAY) pro- SEC. 201. SHORT TITLE. sociations and other appropriate organiza- posed an amendment to the bill H.R. 1627, to This title may be cited as the ‘‘Temporary tions; amend title 38, United States Code, to fur- Duty Suspension Process Act of 2012’’. (2) not later than 45 days before submitting nish hospital care and medical services to SEC. 202. DEFINITIONS. a draft bill to the appropriate congressional veterans who were stationed at Camp In this title: committees under subsection (d), notifying Lejeune, North Carolina, while the water (1) APPROPRIATE CONGRESSIONAL COMMIT- the public of the duty suspensions and reduc- was contaminated at Camp Lejeune, to im- TEES.—The term ‘‘appropriate congressional tions the Commission is considering includ- prove the provision of housing assistance to committees’’ means the Committee on Fi- ing in the draft bill; and veterans and their families, and for other nance of the Senate and the Committee on (3) providing the public with an oppor- purposes. Ways and Means of the House of Representa- tunity to submit comments with respect to SA 2560. Mr. REID (for Mrs. MURRAY) pro- tives. any of those duty suspensions or reductions. posed an amendment to the bill H.R. 1627, (2) COMMISSION.—The term ‘‘Commission’’ (d) SUBMISSION OF DRAFT BILL.— supra. means the United States International Trade (1) IN GENERAL.—The Commission shall f Commission. submit to the appropriate congressional (3) DUTY SUSPENSION OR REDUCTION.—The committees a draft bill that contains each TEXT OF AMENDMENTS term ‘‘duty suspension or reduction’’ means duty suspension or reduction that the Com- SA 2554. Mr. BROWN of Ohio (for an amendment to subchapter II of chapter 99 mission determines, pursuant to the process himself, Mr. HARKIN, Mr. SANDERS, Mr. of the Harmonized Tariff Schedule of the established under subsection (a) and after WHITEHOUSE, Mr. BLUMENTHAL, Mr. United States— conducting the consultations required by (A) extending an existing temporary sus- subsection (e), meets the requirements de- ROCKEFELLER, and Mrs. MCCASKILL) pension or reduction of duty on an article scribed in subsection (f), not later than— submitted an amendment intended to under that subchapter; or (A) the date that is 120 days after the date be proposed by him to the bill S. 3364, (B) providing for a new temporary suspen- of the enactment of this Act; to provide an incentive for businesses sion or reduction of duty on an article under (B) January 1, 2015; and to bring jobs back to America; which that subchapter. (C) January 1, 2018.

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(2) EFFECTIVE PERIOD OF DUTY SUSPENSIONS described in paragraph (1), the Commission toral basis rather than on individual arti- AND REDUCTIONS.—Duty suspensions and re- may consider any information the Commis- cles. ductions included in a draft bill submitted sion considers relevant to the determination. under paragraph (1) shall be effective for a (4) JUDICIAL REVIEW PRECLUDED.—A deter- SA 2556. Mrs. HUTCHISON submitted period of not less than 3 years. mination of the Commission with respect to an amendment intended to be proposed (3) SPECIAL RULE FOR FIRST SUBMISSION.—In whether or not a duty suspension or reduc- by her to the bill S. 3364, to provide an the draft bill required to be submitted under tion meets the requirements described in incentive for businesses to bring jobs paragraph (1) not later than the date that is paragraph (1) shall not be subject to judicial back to America; which was ordered to 120 days after the date of the enactment of review. lie on the table; as follows: this Act, the Commission shall be required (g) REPORTS REQUIRED.— At the end, add the following: to include only duty suspensions and reduc- (1) IN GENERAL.—Each time the Commis- ll tions with respect to which the Commission sion submits a draft bill under subsection SEC. . PERMANENT EXTENSION OF DEDUC- TION FOR STATE AND LOCAL GEN- has sufficient time to make a determination (d), the Commission shall submit to the ap- ERAL SALES TAXES. under that paragraph before the draft bill is propriate congressional committees a report (a) IN GENERAL.—Subparagraph (I) of sec- required to be submitted. on the duty suspensions and reductions con- tion 164(b)(5) of the Internal Revenue Code of (e) CONSULTATIONS.—In determining wheth- tained in the draft bill that includes— 1986 is amended by striking ‘‘, and before er a duty suspension or reduction meets the (A) the views of the head of each agency January 1, 2012’’. requirements described in subsection (f), the consulted under subsection (e); and (b) EFFECTIVE DATE.—The amendment Commission shall, not later than 30 days be- (B) any objections received by the Commis- made by this section shall apply to taxable fore submitting a draft bill to the appro- sion during consultations conducted under years beginning after December 31, 2011. priate congressional committees under sub- subsection (e) or through public comments section (d), conduct consultations with the submitted under subsection (c), including— SA 2557. Mrs. HUTCHISON submitted Commissioner responsible for U.S. Customs (i) objections with respect to duty suspen- an amendment intended to be proposed and Border Protection, the Secretary of sions or reductions the Commission included by her to the bill S. 3364, to provide an Commerce, the United States Trade Rep- in the draft bill; and incentive for businesses to bring jobs resentative, and the heads of other relevant (ii) objections that led to the Commission back to America; which was ordered to Federal agencies. to determine not to include a duty suspen- lie on the table; as follows: (f) REQUIREMENTS FOR DUTY SUSPENSIONS sion or reduction in the draft bill. AND REDUCTIONS.— (2) INITIAL REPORT ON PROCESS.—Not later At the end, add the following: (1) IN GENERAL.—A duty suspension or re- than 300 days after the date of the enactment SEC. l. REPEAL OF SUNSET ON MARRIAGE PEN- duction meets the requirements described in of this Act, the Commission shall submit to ALTY RELIEF. this subsection if— the appropriate congressional committees a Title IX of the Economic Growth and Tax (A) the duty suspension or reduction can report that includes— Relief Reconciliation Act of 2001 (relating to be administered by U.S. Customs and Border (A) an assessment of the effectiveness of sunset of provisions of such Act) shall not apply to sections 301, 302, and 303(a) of such Protection; the process established under subsection (a) Act (relating to marriage penalty relief). (B) the estimated loss in revenue to the and the requirements of this section; United States from the duty suspension or (B) to the extent practicable, a description SA 2558. Mrs. HUTCHISON (for her- reduction does not exceed the dollar amount of the effects of duty suspensions and reduc- self and Mr. COBURN) submitted an specified in paragraph (2) in a calendar year tions recommended pursuant to that process during which the duty suspension or reduc- on the United States economy that in- amendment intended to be proposed by tion would be in effect; and cludes— her to the bill S. 3364, to provide an in- (C) on the date on which the Commission (i) a broad assessment of the economic ef- centive for businesses to bring jobs submits a draft bill to the appropriate con- fects of such duty suspensions and reduc- back to America; which was ordered to gressional committees under subsection (d) tions on producers, purchasers, and con- lie on the table; as follows: that includes the duty suspension or reduc- sumers in the United States; and At the end, add the following: tion, the article to which the duty suspen- (ii) case studies describing such effects by SEC. ll. REPEAL OF CERTAIN LIMITATIONS ON sion or reduction would apply is not pro- industry or by type of articles, as available HEALTH CARE BENEFITS. duced in the United States and is not ex- data permits; (a) REPEAL OF DISTRIBUTIONS FOR MEDICINE pected to be produced in the United States (C) a comparison of the actual loss in rev- QUALIFIED ONLY IF FOR PRESCRIBED DRUG OR during the subsequent 12-month period. enue to the United States resulting from INSULIN.— (2) DOLLAR AMOUNT SPECIFIED.— duty suspensions and reductions rec- (1) HSAS.—Section 223(d)(2)(A) of the Inter- (A) IN GENERAL.—The dollar amount speci- ommended pursuant to that process to the nal Revenue Code of 1986 is amended by fied in this paragraph is— loss in such revenue estimated during that striking the last sentence thereof. (i) for calendar year 2013, $500,000; and process; (2) ARCHER MSAS.—Section 220(d)(2)(A) of (ii) for any calendar year after calendar (D) to the extent practicable, information such Code is amended by striking the last year 2013, an amount equal to $500,000 in- on how broadly or narrowly duty suspensions sentence thereof. creased or decreased by an amount equal and reductions recommended pursuant to (3) HEALTH FLEXIBLE SPENDING ARRANGE- to— that process were used by importers; and MENTS AND HEALTH REIMBURSEMENT ARRANGE- (I) $500,000, multiplied by (E) any recommendations of the Commis- MENTS.—Section 106 of such Code is amended (II) the percentage (if any) of the increase sion for improving that process and the re- by striking subsection (f). or decrease (as the case may be) in the Con- quirements of this section. (4) EFFECTIVE DATE.— sumer Price Index for the preceding calendar (h) FORM OF DRAFT BILL AND REPORTS.— (A) DISTRIBUTIONS FROM SAVINGS AC- year compared to the Consumer Price Index Each draft bill submitted under subsection COUNTS.—The amendments made by para- for calendar year 2012. (d) and each report required by subsection (g) graphs (1) and (2) shall apply to amounts (B) ROUNDING.—Any increase or decrease shall be— paid with respect to taxable years beginning under subparagraph (A) of the dollar amount (1) submitted to the appropriate congres- after December 31, 2011. specified in this paragraph shall be rounded sional committees in electronic form; and (B) REIMBURSEMENTS.—The amendment to the nearest dollar. (2) made available to the public on the made by paragraph (3) shall apply to ex- (C) CONSUMER PRICE INDEX FOR ANY CAL- website of the Commission. penses incurred with respect to taxable years ENDAR YEAR.—For purposes of this para- SEC. 204. REPORTS ON BENEFITS OF DUTY SUS- beginning after December 31, 2011. graph, the Consumer Price Index for any cal- PENSIONS OR REDUCTIONS TO SEC- (b) REPEAL OF LIMITATION ON HEALTH endar year is the average of the Consumer TORS OF THE UNITED STATES ECON- FLEXIBLE SPENDING ARRANGEMENTS UNDER Price Index as of the close of the 12-month OMY. CAFETERIA PLANS.— period ending on September 30 of that cal- Not later than January 1, 2014, and annu- (1) IN GENERAL.—Section 125 of the Internal endar year. ally thereafter, the Commission shall submit Revenue Code of 1986 is amended by striking (D) CONSUMER PRICE INDEX DEFINED.—For to the appropriate congressional committees subsection (i) and by redesignating sub- purposes of this paragraph, the term ‘‘Con- a report that— sections (j) through (l) as subsections (i) sumer Price Index’’ means the Consumer (1) makes recommendations with respect through (k), respectively. Price Index for All Urban Consumers pub- to sectors of the United States economy that (2) EFFECTIVE DATE.—The amendments lished by the Bureau of Labor Statistics of could benefit from duty suspensions or re- made by this subsection shall apply to tax- the Department of Labor. ductions without causing harm to other do- able years beginning after December 31, 2012. (3) CONSIDERATION OF RELEVANT INFORMA- mestic interests; and TION.—In determining whether a duty sus- (2) assesses the feasibility and advisability SA 2559. Mr. REID (for Mrs. MURRAY) pension or reduction meets the requirements of suspending or reducing duties on a sec- proposed an amendment to the bill

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11537 H.R. 1627, to amend title 38, United Sec. 207. Occupancy of property by depend- Sec. 509. Exclusion of certain reimburse- States Code, to furnish hospital care ent child of veteran for pur- ments of expenses from deter- and medical services to veterans who poses of meeting occupancy re- mination of annual income were stationed at Camp Lejeune, North quirement for Department of with respect to pensions for Veterans Affairs housing loans. veterans and surviving spouses Carolina, while the water was contami- Sec. 208. Making permanent project for and children of veterans. nated at Camp Lejeune, to improve the guaranteeing of adjustable rate TITLE VI—MEMORIAL, BURIAL, AND provision of housing assistance to vet- mortgages. CEMETERY MATTERS erans and their families, and for other Sec. 209. Making permanent project for in- Sec. 601. Prohibition on disruptions of funer- suring hybrid adjustable rate purposes; as follows: als of members or former mem- mortgages. Strike all after the enacting clause and in- Sec. 210. Waiver of loan fee for individuals bers of the Armed Forces. sert the following: with disability ratings issued Sec. 602. Codification of prohibition against SECTION 1. SHORT TITLE; TABLE OF CONTENTS. during pre-discharge programs. reservation of gravesites at Ar- (a) SHORT TITLE.—This Act may be cited as Sec. 211. Modification of authorities for en- lington National Cemetery. the ‘‘Honoring America’s Veterans and Car- hanced-use leases of real prop- Sec. 603. Expansion of eligibility for presi- ing for Camp Lejeune Families Act of 2012’’. erty. dential memorial certificates to persons who died in the ac- (b) TABLE OF CONTENTS.—The table of con- TITLE III—HOMELESS MATTERS tents for this Act is as follows: tive military, naval, or air serv- Sec. 301. Enhancement of comprehensive ice. Sec. 1. Short title; table of contents. service programs. Sec. 604. Requirements for the placement of Sec. 2. References to title 38, United States Sec. 302. Modification of authority for provi- monuments in Arlington Na- Code. sion of treatment and rehabili- tional Cemetery. Sec. 3. Scoring of budgetary effects. tation to certain veterans to in- TITLE VII—OTHER MATTERS TITLE I—HEALTH CARE MATTERS clude provision of treatment and rehabilitation to homeless Sec. 701. Assistance to veterans affected by Sec. 101. Short title. veterans who are not seriously natural disasters. Sec. 102. Hospital care and medical services mentally ill. Sec. 702. Extension of certain expiring provi- for veterans stationed at Camp Sec. 303. Modification of grant program for sions of law. Lejeune, North Carolina. homeless veterans with special Sec. 703. Requirement for plan for regular Sec. 103. Authority to waive collection of co- needs. assessment of employees of payments for telehealth and Sec. 304. Collaboration in provision of case Veterans Benefits Administra- telemedicine visits of veterans. management services to home- tion who handle processing of Sec. 104. Temporary expansion of payments less veterans in supported hous- claims for compensation and and allowances for beneficiary ing program. pension. travel in connection with vet- Sec. 305. Extensions of previously fully fund- Sec. 704. Modification of provision relating erans receiving care from Vet ed authorities affecting home- to reimbursement rate for am- Centers. less veterans. bulance services. Sec. 105. Contracts and agreements for nurs- Sec. 705. Change in collection and TITLE IV—EDUCATION MATTERS ing home care. verification of veteran income. Sec. 106. Comprehensive policy on reporting Sec. 401. Aggregate amount of educational Sec. 706. Department of Veterans Affairs en- and tracking sexual assault in- assistance available to individ- forcement penalties for mis- cidents and other safety inci- uals who receive both sur- representation of a business dents. vivors’ and dependents’ edu- concern as a small business Sec. 107. Rehabilitative services for veterans cational assistance and other concern owned and controlled with traumatic brain injury. veterans and related edu- by veterans or as a small busi- Sec. 108. Teleconsultation and telemedicine. cational assistance. ness concern owned and con- Sec. 109. Use of service dogs on property of Sec. 402. Annual reports on Post-9/11 Edu- trolled by service-disabled vet- the Department of Veterans Af- cational Assistance Program erans. fairs. and Survivors’ and Dependents’ Sec. 707. Quarterly reports to Congress on Educational Assistance Pro- Sec. 110. Recognition of rural health re- conferences sponsored by the gram. source centers in Office of Department. Rural Health. TITLE V—BENEFITS MATTERS Sec. 708. Publication of data on employment Sec. 111. Improvements for recovery and col- Sec. 501. Automatic waiver of agency of of certain veterans by Federal lection of amounts for Depart- original jurisdiction review of contractors. ment of Veterans Affairs Med- new evidence. Sec. 709. VetStar Award Program. ical Care Collections Fund. Sec. 502. Authority for certain persons to Sec. 710. Extended period of protections for Sec. 112. Extension of authority for copay- sign claims filed with Secretary members of uniformed services ments. of Veterans Affairs on behalf of relating to mortgages, mort- Sec. 113. Extension of authority for recovery claimants. gage foreclosure, and eviction. of cost of certain care and serv- Sec. 503. Improvement of process for filing SEC. 2. REFERENCES TO TITLE 38, UNITED ices. jointly for social security and STATES CODE. dependency and indemnity TITLE II—HOUSING MATTERS Except as otherwise expressly provided, compensation. whenever in this Act an amendment or re- Sec. 201. Short title. Sec. 504. Authorization of use of electronic peal is expressed in terms of an amendment Sec. 202. Temporary expansion of eligibility communication to provide no- to, or repeal of, a section or other provision, for specially adapted housing tice to claimants for benefits the reference shall be considered to be made assistance for certain veterans under laws administered by the to a section or other provision of title 38, with disabilities causing dif- Secretary of Veterans Affairs. United States Code. ficulty with ambulating. Sec. 505. Duty to assist claimants in obtain- SEC. 3. SCORING OF BUDGETARY EFFECTS. Sec. 203. Expansion of eligibility for spe- ing private records. The budgetary effects of this Act, for the cially adapted housing assist- Sec. 506. Authority for retroactive effective purpose of complying with the Statutory ance for veterans with vision date for awards of disability Pay-As-You-Go-Act of 2010, shall be deter- impairment. compensation in connection mined by reference to the latest statement Sec. 204. Revised limitations on assistance with applications that are titled ‘‘Budgetary Effects of PAYGO Legisla- furnished for acquisition and fully-developed at submittal. tion’’ for this Act, submitted for printing in adaptation of housing for dis- Sec. 507. Modification of month of death the Congressional Record by the Chairman of abled veterans. benefit for surviving spouses of the Senate Budget Committee, provided that Sec. 205. Improvements to assistance for dis- veterans who die while entitled such statement has been submitted prior to abled veterans residing in hous- to compensation or pension. the vote on passage. ing owned by a family member. Sec. 508. Increase in rate of pension for dis- Sec. 206. Department of Veterans Affairs abled veterans married to one TITLE I—HEALTH CARE MATTERS housing loan guarantees for another and both of whom re- SEC. 101. SHORT TITLE. surviving spouses of certain to- quire regular aid and attend- This title may be cited as the ‘‘Janey tally disabled veterans. ance. Ensminger Act’’.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11538 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 SEC. 102. HOSPITAL CARE AND MEDICAL SERV- with respect to health-plan contracts (as de- Secretary of Veterans Affairs shall com- ICES FOR VETERANS STATIONED AT fined in such section).’’. mence a three-year initiative to assess the CAMP LEJEUNE, NORTH CAROLINA. (2) CLERICAL AMENDMENT.—The table of feasibility and advisability of paying under (a) HOSPITAL CARE AND MEDICAL SERVICES sections at the beginning of such chapter is section 111(a) of title 38, United States Code, FOR VETERANS.— amended by inserting after the item relating the actual necessary expenses of travel or al- (1) IN GENERAL.—Paragraph (1) of section to section 1786 the following new item: lowances for travel from a residence located 1710(e) is amended by adding at the end the ‘‘1787. Health care of family members of vet- in an area that is designated by the Sec- following new subparagraph: erans stationed at Camp retary as highly rural to the nearest Vet ‘‘(F) Subject to paragraph (2), a veteran Lejeune, North Carolina.’’. Center and from such Vet Center to such res- who served on active duty in the Armed (c) ANNUAL REPORTS.— idence. Forces at Camp Lejeune, North Carolina, for (1) IN GENERAL.—Not later than December (b) REPORT.— not fewer than 30 days during the period be- 31 of each of 2013, 2014, and 2015, the Sec- (1) IN GENERAL.—Not later than 180 days ginning on January 1, 1957, and ending on De- retary of Veterans Affairs shall submit to after the date of the completion of the initia- cember 31, 1987, is eligible for hospital care the Committee on Veterans’ Affairs of the tive, the Secretary shall submit to Congress and medical services under subsection Senate and the Committee on Veterans’ Af- a report on the findings of the Secretary (a)(2)(F) for any of the following illnesses or fairs of the House of Representatives a re- with respect to the initiative required by conditions, notwithstanding that there is in- port on the care and services provided under subsection (a). sufficient medical evidence to conclude that sections 1710(e)(1)(F) and 1787 of title 38, (2) ELEMENTS.—The report required by such illnesses or conditions are attributable United States Code (as added by subsections paragraph (1) shall include the following: to such service: (a) and (b)(1), respectively). (A) A description of the individuals who ‘‘(i) Esophageal cancer. (2) ELEMENTS.—Each report under para- benefitted from payment under the initia- ‘‘(ii) Lung cancer. graph (1) shall set forth the following: tive. ‘‘(iii) Breast cancer. (A) The number of veterans and family (B) A description of any impediments to ‘‘(iv) Bladder cancer. members provided hospital care and medical the Secretary in paying expenses or allow- ‘‘(v) Kidney cancer. services under the provisions of law specified ances under the initiative. ‘‘(vi) Leukemia. in paragraph (1) during the period beginning (C) A description of any impediments en- ‘‘(vii) Multiple myeloma. on October 1, 2012, and ending on the date of countered by individuals in receiving such ‘‘(viii) Myleodysplasic syndromes. such report. payments. ‘‘(ix) Renal toxicity. (B) The illnesses, conditions, and disabil- (D) An assessment of the feasibility and ‘‘(x) Hepatic steatosis. ities for which care and services have been advisability of paying such expenses or al- ‘‘(xi) Female infertility. provided such veterans and family members lowances. ‘‘(xii) Miscarriage. under such provisions of law during that pe- (E) An assessment of any fraudulent re- ‘‘(xiii) Scleroderma. riod. ceipt of payment under the initiative and the ‘‘(xiv) Neurobehavioral effects. (C) The number of veterans and family recommendations of the Secretary for legis- ‘‘(xv) Non-Hodgkin’s lymphoma.’’. members who applied for care and services lative or administrative action to reduce (2) LIMITATION.—Paragraph (2)(B) of such under such provisions of law during that pe- such fraud. section is amended by striking ‘‘or (E)’’ and riod but were denied, including information (F) Such recommendations for legislative inserting ‘‘(E), or (F)’’. on the reasons for such denials. or administrative action as the Secretary (b) FAMILY MEMBERS.— (D) The number of veterans and family considers appropriate with respect to the (1) IN GENERAL.—Subchapter VIII of chap- members who applied for care and services payment of expenses or allowances as de- ter 17 is amended by adding at the end the under such provisions of law and are await- scribed in subsection (a). following new section: ing a decision from the Secretary on eligi- (c) VET CENTER DEFINED.—In this section, ‘‘§ 1787. Health care of family members of vet- bility for such care and services as of the the term ‘‘Vet Center’’ means a center for re- erans stationed at Camp Lejeune, North date of such report. adjustment counseling and related mental Carolina (d) EFFECTIVE DATE.— health services for veterans under section (1) IN GENERAL.—The provisions of this sec- ‘‘(a) IN GENERAL.—Subject to subsection 1712A of title 38, United States Code. tion and the amendments made by this sec- (b), a family member of a veteran described SEC. 105. CONTRACTS AND AGREEMENTS FOR in subparagraph (F) of section 1710(e)(1) of tion shall take effect on the date of the en- NURSING HOME CARE. actment of this Act. this title who resided at Camp Lejeune, (a) CONTRACTS.—Section 1745(a) is amend- North Carolina, for not fewer than 30 days (2) APPLICABILITY.—Subparagraph (F) of ed— during the period described in such subpara- section 1710(e)(1) of such title, as added by (1) in paragraph (1), by striking ‘‘The Sec- graph or who was in utero during such period subsection (a), and section 1787 of title 38, retary shall pay each State home for nursing while the mother of such family member re- United States Code, as added by subsection home care at the rate determined under sided at such location shall be eligible for (b)(1), shall apply with respect to hospital paragraph (2)’’ and inserting ‘‘The Secretary hospital care and medical services furnished care and medical services provided on or shall enter into a contract (or agreement by the Secretary for any of the illnesses or after the date of the enactment of this Act. under section 1720(c)(1) of this title) with conditions described in such subparagraph, SEC. 103. AUTHORITY TO WAIVE COLLECTION OF each State home for payment by the Sec- COPAYMENTS FOR TELEHEALTH retary for nursing home care provided in the notwithstanding that there is insufficient AND TELEMEDICINE VISITS OF VET- medical evidence to conclude that such ill- ERANS. home’’; and nesses or conditions are attributable to such (a) IN GENERAL.—Subchapter III of chapter (2) by striking paragraph (2) and inserting residence. 17 is amended by inserting after section the following new paragraph (2): ‘‘(b) LIMITATIONS.—(1) The Secretary may 1722A the following new section: ‘‘(2) Payment under each contract (or agreement) between the Secretary and a only furnish hospital care and medical serv- ‘‘§ 1722B. Copayments: waiver of collection of State home under paragraph (1) shall be ices under subsection (a) to the extent and in copayments for telehealth and telemedicine based on a methodology, developed by the the amount provided in advance in appro- visits of veterans priations Acts for such purpose. Secretary in consultation with the State ‘‘The Secretary may waive the imposition ‘‘(2) Hospital care and medical services home, to adequately reimburse the State or collection of copayments for telehealth may not be furnished under subsection (a) home for the care provided by the State and telemedicine visits of veterans under the for an illness or condition of a family mem- home under the contract (or agreement).’’. laws administered by the Secretary.’’. ber that is found, in accordance with guide- (b) AGREEMENTS.—Section 1720(c)(1)(A) is (b) CLERICAL AMENDMENT.—The table of lines issued by the Under Secretary for sections at the beginning of such chapter is amended— Health, to have resulted from a cause other amended by inserting after the item relating (1) in clause (i), by striking ‘‘; and’’ and in- than the residence of the family member de- to section 1722A the following new item: serting a semicolon; scribed in that subsection. (2) in clause (ii), by striking the period at ‘‘1722B. Copayments: waiver of collection of ‘‘(3) The Secretary may provide reimburse- the end and inserting ‘‘; and’’; and copayments for telehealth and ment for hospital care or medical services (3) by adding at the end the following new telemedicine visits of vet- provided to a family member under this sec- clause: erans.’’. tion only after the family member or the ‘‘(iii) a provider of services eligible to provider of such care or services has ex- SEC. 104. TEMPORARY EXPANSION OF PAYMENTS enter into a contract pursuant to section AND ALLOWANCES FOR BENE- hausted without success all claims and rem- FICIARY TRAVEL IN CONNECTION 1745(a) of this title that is not otherwise de- edies reasonably available to the family WITH VETERANS RECEIVING CARE scribed in clause (i) or (ii).’’. member or provider against a third party (as FROM VET CENTERS. (c) EFFECTIVE DATE.— defined in section 1725(f) of this title) for (a) IN GENERAL.—Beginning one year after (1) IN GENERAL.—The amendments made by payment of such care or services, including the date of the enactment of this Act, the this section shall apply to care provided on

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11539 or after the date that is 180 days after the based panic alarm systems, stationary panic fairs of the Senate and the Committee on date of the enactment of this Act. alarms, and electronic portable personal Veterans’ Affairs of the House of Representa- (2) MAINTENANCE OF PRIOR METHODOLOGY OF panic alarms. tives a report on the development of the pol- REIMBURSEMENT FOR CERTAIN STATE HOMES.— ‘‘(5) Clear, consistent, and comprehensive icy required by section 1709 of title 38, In the case of a State home that provided criteria and guidance with respect to an em- United States Code, as added by subsection nursing home care on the day before the date ployee of the Department communicating (a). of the enactment of this Act for which the and reporting sexual assault incidents and SEC. 107. REHABILITATIVE SERVICES FOR VET- State home was eligible for pay under sec- other safety incidents to— ERANS WITH TRAUMATIC BRAIN IN- tion 1745(a)(1) of title 38, United States Code, ‘‘(A) supervisory personnel of the employee JURY. at the request of any State home, the Sec- at— (a) REHABILITATION PLANS AND SERVICES.— retary shall offer to enter into a contract (or ‘‘(i) a medical facility of the Department; Section 1710C is amended— agreement described in such section) with ‘‘(ii) an office of a Veterans Integrated (1) in subsection (a)(1), by inserting before such State home under such section, as Service Network; and the semicolon the following: ‘‘with the goal amended by subsection (a), for payment for ‘‘(iii) the central office of the Veterans of maximizing the individual’s independ- nursing home care provided by such State Health Administration; and ence’’; home under such section that reflects the ‘‘(B) a law enforcement official of the De- (2) in subsection (b)— overall methodology of reimbursement for partment. (A) in paragraph (1)— such care that was in effect for such State ‘‘(6) Clear and consistent criteria and (i) by inserting ‘‘(and sustaining improve- home on the day before the date of the en- guidelines with respect to an employee of the ment in)’’ after ‘‘improving’’; actment of this Act. Department referring and reporting to the (ii) by inserting ‘‘behavioral,’’ after ‘‘cog- SEC. 106. COMPREHENSIVE POLICY ON REPORT- Office of Inspector General of the Depart- nitive,’’; ING AND TRACKING SEXUAL AS- ment sexual assault incidents and other safe- (B) in paragraph (2), by inserting ‘‘rehabili- SAULT INCIDENTS AND OTHER SAFE- ty incidents that meet the regulatory crimi- tative services and’’ before ‘‘rehabilitative TY INCIDENTS. nal threshold prescribed under sections 901 components’’; and (a) POLICY.—Subchapter I of chapter 17 is and 902 of this title. (C) in paragraph (3)— amended by adding at the end the following: ‘‘(7) An accountable oversight system with- (i) by striking ‘‘treatments’’ the first place ‘‘§ 1709. Comprehensive policy on reporting in the Veterans Health Administration that it appears and inserting ‘‘services’’; and and tracking sexual assault incidents and includes— (ii) by striking ‘‘treatments and’’ the sec- other safety incidents ‘‘(A) systematic information sharing of re- ond place it appears; and ‘‘(a) POLICY REQUIRED.—(1) Not later than ported sexual assault incidents and other (3) by adding at the end the following new September 30, 2012, the Secretary shall de- safety incidents among officials of the Ad- subsection: velop and implement a centralized and com- ministration who have programmatic re- ‘‘(h) REHABILITATIVE SERVICES DEFINED.— prehensive policy on the reporting and sponsibility; and For purposes of this section, and sections tracking of sexual assault incidents and ‘‘(B) a centralized reporting, tracking, and 1710D and 1710E of this title, the term ‘reha- other safety incidents that occur at each monitoring system for such incidents. bilitative services’ includes— medical facility of the Department, includ- ‘‘(8) Consistent procedures and systems for ‘‘(1) rehabilitative services, as defined in ing— law enforcement officials of the Department section 1701 of this title; ‘‘(A) suspected, alleged, attempted, or con- with respect to investigating, tracking, and ‘‘(2) treatment and services (which may be firmed cases of sexual assault, regardless of closing reported sexual assault incidents and of ongoing duration) to sustain, and prevent whether such assaults lead to prosecution or other safety incidents. loss of, functional gains that have been conviction; ‘‘(9) Clear and consistent guidance for the achieved; and ‘‘(B) criminal and purposefully unsafe acts; clinical management of the treatment of ‘‘(3) any other rehabilitative services or ‘‘(C) alcohol or substance abuse related sexual assaults that are reported more than supports that may contribute to maximizing acts (including by employees of the Depart- 72 hours after the assault. an individual’s independence.’’. ment); and ‘‘(c) UPDATES TO POLICY.—The Secretary (b) REHABILITATION SERVICES IN COM- ‘‘(D) any kind of event involving alleged or shall review and revise the policy required PREHENSIVE PROGRAM FOR LONG-TERM REHA- suspected abuse of a patient. by subsection (a) on a periodic basis as the BILITATION.—Section 1710D(a) is amended— ‘‘(2) In developing and implementing a pol- Secretary considers appropriate and in ac- (1) by inserting ‘‘and rehabilitative serv- icy under paragraph (1), the Secretary shall cordance with best practices. ices (as defined in section 1710C of this consider the effects of such policy on— ‘‘(d) ANNUAL REPORT.—(1) Not later than 60 title)’’ after ‘‘long-term care’’; and ‘‘(A) the use by veterans of mental health days after the date on which the Secretary (2) by striking ‘‘treatment’’. care and substance abuse treatments; and develops the policy required by subsection (c) REHABILITATION SERVICES IN AUTHORITY ‘‘(B) the ability of the Department to refer (a) and not later than October 1 of each year FOR COOPERATIVE AGREEMENTS FOR USE OF veterans to such care or treatment. thereafter, the Secretary shall submit to the NON-DEPARTMENT FACILITIES FOR REHABILI- ‘‘(b) SCOPE.—The policy required by sub- Committee on Veterans’ Affairs of the Sen- TATION.—Section 1710E(a) is amended by in- section (a) shall cover each of the following: ate and the Committee on Veterans’ Affairs serting ‘‘, including rehabilitative services ‘‘(1) For purposes of reporting and tracking of the House of Representatives a report on (as defined in section 1710C of this title),’’ sexual assault incidents and other safety in- the implementation of the policy. after ‘‘medical services’’. cidents, definitions of the terms— ‘‘(2) The report required by paragraph (1) (d) TECHNICAL AMENDMENT.—Section ‘‘(A) ‘safety incident’; shall include— 1710C(c)(2)(S) of title 38, United States Code, ‘‘(B) ‘sexual assault’; and ‘‘(A) the number and type of sexual assault is amended by striking ‘‘opthamologist’’ and ‘‘(C) ‘sexual assault incident’. incidents and other safety incidents reported inserting ‘‘ophthalmologist’’. ‘‘(2)(A) The development and use of specific by each medical facility of the Department; SEC. 108. TELECONSULTATION AND TELEMEDI- risk-assessment tools to examine any risks ‘‘(B) a detailed description of the imple- CINE. related to sexual assault that a veteran may mentation of the policy required by sub- (a) TELECONSULTATION.— pose while being treated at a medical facility section (a), including any revisions made to (1) IN GENERAL.—Subchapter I of chapter of the Department, including clear and con- such policy from the previous year; and 17, as amended by section 106(a), is further sistent guidance on the collection of infor- ‘‘(C) the effectiveness of such policy on im- amended by adding at the end the following mation related to— proving the safety and security of the med- new section: ‘‘(i) the legal history of the veteran; and ical facilities of the Department, including ‘‘§ 1709A. Teleconsultation ‘‘(ii) the medical record of the veteran. the performance measures used to evaluate ‘‘(a) TELECONSULTATION.—(1) The Secretary ‘‘(B) In developing and using tools under such effectiveness.’’. shall carry out an initiative of teleconsulta- subparagraph (A), the Secretary shall con- (b) CLERICAL AMENDMENT.—The table of tion for the provision of remote mental sider the effects of using such tools on the sections at the beginning of such chapter is health and traumatic brain injury assess- use by veterans of health care furnished by amended by adding after the item relating to ments in facilities of the Department that the Department. section 1708 the following new item: are not otherwise able to provide such as- ‘‘(3) The mandatory training of employees ‘‘1709. Comprehensive policy on reporting sessments without contracting with third- of the Department on security issues, includ- and tracking sexual assault in- party providers or reimbursing providers ing awareness, preparedness, precautions, cidents and other safety inci- through a fee basis system. and police assistance. dents.’’. ‘‘(2) The Secretary shall, in consultation ‘‘(4) The mandatory implementation, use, (c) INTERIM REPORT.—Not later than 30 with appropriate professional societies, pro- and regular testing of appropriate physical days after the date of the enactment of this mulgate technical and clinical care stand- security precautions and equipment, includ- Act, the Secretary of Veterans Affairs shall ards for the use of teleconsultation services ing surveillance camera systems, computer- submit to the Committee on Veterans’ Af- within facilities of the Department.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11540 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 ‘‘(3) In carrying out an initiative under rural areas and for implementation of such preclude locomotion without the aid of paragraph (1), the Secretary shall ensure practices and products in the Department braces, crutches, canes, or a wheelchair. that facilities of the Department are able to systemwide.’’. ‘‘(ii) The disability is due to— provide a mental health or traumatic brain SEC. 111. IMPROVEMENTS FOR RECOVERY AND ‘‘(I) blindness in both eyes, having only injury assessment to a veteran through con- COLLECTION OF AMOUNTS FOR DE- light perception, plus (ii) loss or loss of use tracting with a third-party provider or reim- PARTMENT OF VETERANS AFFAIRS of one lower extremity. bursing a provider through a fee basis sys- MEDICAL CARE COLLECTIONS FUND. ‘‘(iii) The disability is due to the loss or tem when— (a) DEVELOPMENT AND IMPLEMENTATION OF loss of use of one lower extremity together ‘‘(A) such facilities are not able to provide PLAN FOR RECOVERY AND COLLECTION.— with— such assessment to the veteran without— (1) IN GENERAL.—Not later than 270 days ‘‘(I) residuals of organic disease or injury; ‘‘(i) such contracting or reimbursement; or after the date of the enactment of this Act, or ‘‘(ii) teleconsultation; and the Secretary of Veterans Affairs shall de- ‘‘(II) the loss or loss of use of one upper ex- ‘‘(B) providing such assessment with such velop and implement a plan to ensure the re- tremity, contracting or reimbursement is more clini- covery and collection of amounts under the which so affect the functions of balance or cally appropriate for the veteran than pro- provisions of law described in section propulsion as to preclude locomotion with- viding such assessment with teleconsulta- 1729A(b) of title 38, United States Code, for out the aid of braces, crutches, canes, or a tion. deposit in the Department of Veterans Af- wheelchair. ‘‘(b) TELECONSULTATION DEFINED.—In this fairs Medical Care Collections Fund. ‘‘(iv) The disability is due to the loss, or section, the term ‘teleconsultation’ means (2) ELEMENTS.—The plan required by para- loss of use, of both upper extremities such as the use by a health care specialist of tele- graph (1) shall include the following: to preclude use of the arms at or above the communications to assist another health (A) An effective process to identify billable elbows. care provider in rendering a diagnosis or fee claims. ‘‘(v) The disability is due to a severe burn treatment.’’. (B) Effective and practicable policies and injury (as determined pursuant to regula- (2) CLERICAL AMENDMENT.—The table of procedures that ensure recovery and collec- tions prescribed by the Secretary). sections at the beginning of chapter 17 is tion of amounts described in section 1729A(b) ‘‘(C) The criterion described in this sub- amended by inserting after the item relating of such title. paragraph is that the disability— to section 1709, as added by section 106(b), (C) The training of employees of the De- ‘‘(i) was incurred on or after September 11, the following new item: partment, on or before September 30, 2013, 2001; and ‘‘1709A. Teleconsultation.’’. who are responsible for the recovery or col- ‘‘(ii) is due to the loss or loss of use of one (b) TRAINING IN TELEMEDICINE.— lection of such amounts to enable such em- or more lower extremities which so affects (1) IN GENERAL.—The Secretary of Veterans ployees to comply with the process required the functions of balance or propulsion as to Affairs shall, to the extent feasible, offer by subparagraph (A) and the policies and preclude ambulating without the aid of medical residents opportunities in training procedures required by subparagraph (B). braces, crutches, canes, or a wheelchair.’’. in telemedicine for medical residency pro- (D) Fee revenue goals for the Department. (b) EFFECTIVE DATE.—The amendment grams. The Secretary shall consult with the (E) An effective monitoring system to en- made by subsection (a) shall take effect on Accreditation Council for Graduate Medical sure achievement of goals described in sub- October 1, 2012. Education and with universities with which paragraph (D) and compliance with the poli- (c) SUNSET.—Subsection (a) of section 2101 facilities of the Department have a major af- cies and procedures described in subpara- is amended— filiation to determine the feasibility and ad- graph (B). (1) in paragraph (1), by striking ‘‘to para- visability of making telehealth a mandatory (b) MONITORING OF THIRD-PARTY COLLEC- graph (3)’’ and inserting ‘‘to paragraphs (3) component of medical residency programs. TIONS.—The Secretary shall monitor the re- and (4)’’; and covery and collection of amounts from third (2) TELEMEDICINE DEFINED.—In this sub- (2) by adding at the end the following new section, the term ‘‘telemedicine’’ means the parties (as defined in section 1729(i) of such paragraph: use by a health care provider of tele- title) for deposit in such fund. ‘‘(4) The Secretary’s authority to furnish communications to assist in the diagnosis or SEC. 112. EXTENSION OF AUTHORITY FOR COPAY- assistance under paragraph (1) to a disabled treatment of a patient’s medical condition. MENTS. veteran described in paragraph (2)(A)(ii) Section 1710(f)(2)(B) is amended by striking shall apply only with respect to applications SEC. 109. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS ‘‘September 30, 2012’’ and inserting ‘‘Sep- for such assistance approved by the Sec- AFFAIRS. tember 30, 2013’’. retary on or before September 30, 2013.’’. Section 901 is amended by adding at the SEC. 113. EXTENSION OF AUTHORITY FOR RECOV- SEC. 203. EXPANSION OF ELIGIBILITY FOR SPE- end the following new subsection: ERY OF COST OF CERTAIN CARE CIALLY ADAPTED HOUSING ASSIST- ‘‘(f)(1) The Secretary may not prohibit the AND SERVICES. ANCE FOR VETERANS WITH VISION IMPAIRMENT. use of a covered service dog in any facility or Section 1729(a)(2)(E) is amended by strik- (a) IN GENERAL.—Paragraph (2) of section on any property of the Department or in any ing ‘‘October 1, 2012’’ and inserting ‘‘October 1, 2013’’. 2101(b) is amended to read as follows: facility or on any property that receives ‘‘(2) A veteran is described in this para- funding from the Secretary. TITLE II—HOUSING MATTERS graph if the veteran is entitled to compensa- ‘‘(2) For purposes of this subsection, a cov- SEC. 201. SHORT TITLE. tion under chapter 11 of this title for a serv- ered service dog is a service dog that has This title may be cited as the ‘‘Andrew ice-connected disability that meets any of been trained by an entity that is accredited Connelly Veterans Housing Act’’. the following criteria: by an appropriate accrediting body that SEC. 202. TEMPORARY EXPANSION OF ELIGI- ‘‘(A) The disability is due to blindness in evaluates and accredits organizations which BILITY FOR SPECIALLY ADAPTED both eyes, having central visual acuity of 20/ train guide or service dogs.’’. HOUSING ASSISTANCE FOR CERTAIN 200 or less in the better eye with the use of SEC. 110. RECOGNITION OF RURAL HEALTH RE- VETERANS WITH DISABILITIES a standard correcting lens. For the purposes SOURCE CENTERS IN OFFICE OF CAUSING DIFFICULTY WITH AMBU- of this subparagraph, an eye with a limita- RURAL HEALTH. LATING. tion in the fields of vision such that the Section 7308 is amended by adding at the (a) IN GENERAL.—Paragraph (2) of section widest diameter of the visual field subtends end the following new subsection: 2101(a) is amended to read as follows: an angle no greater than 20 degrees shall be ‘‘(d) RURAL HEALTH RESOURCE CENTERS.— ‘‘(2)(A) A veteran is described in this para- considered as having a central visual acuity (1) There are, in the Office, veterans rural graph if the veteran— of 20/200 or less. health resource centers that serve as sat- ‘‘(i) is entitled to compensation under ‘‘(B) A permanent and total disability that ellite offices for the Office. chapter 11 of this title for a permanent and includes the anatomical loss or loss of use of ‘‘(2) The veterans rural health resource total service-connected disability that meets both hands. centers have purposes as follows: any of the criteria described in subparagraph ‘‘(C) A permanent and total disability that ‘‘(A) To improve the understanding of the (B); or is due to a severe burn injury (as so deter- Office of the challenges faced by veterans ‘‘(ii) served in the Armed Forces on or mined).’’. living in rural areas. after September 11, 2001, and is entitled to (b) EFFECTIVE DATE.—The amendment ‘‘(B) To identify disparities in the avail- compensation under chapter 11 of this title made by subsection (a) shall take effect on ability of health care to veterans living in for a permanent service-connected disability October 1, 2012. rural areas. that meets the criterion described in sub- SEC. 204. REVISED LIMITATIONS ON ASSISTANCE ‘‘(C) To formulate practices or programs to paragraph (C). FURNISHED FOR ACQUISITION AND enhance the delivery of health care to vet- ‘‘(B) The criteria described in this subpara- ADAPTATION OF HOUSING FOR DIS- erans living in rural areas. graph are as follows: ABLED VETERANS. ‘‘(D) To develop special practices and prod- ‘‘(i) The disability is due to the loss, or loss (a) IN GENERAL.—Subsection (d) of section ucts for the benefit of veterans living in of use, of both lower extremities such as to 2102 is amended to read as follows:

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11541 ‘‘(d)(1) The aggregate amount of assistance disabling for a period of not less than one homelessness or are homeless. Such term available to an individual under section year immediately preceding death.’’. may include the following: 2101(a) of this title shall be limited to $63,780. (b) EFFECTIVE DATE.—The amendment ‘‘(A) Transitional housing. ‘‘(2) The aggregate amount of assistance made by subsection (a) shall apply with re- ‘‘(B) Single-room occupancy. available to an individual under section spect to a loan guaranteed after the date of ‘‘(C) Permanent housing. 2101(b) of this title shall be limited to $12,756. the enactment of this Act. ‘‘(D) Congregate living housing. ‘‘(3) No veteran may receive more than (c) CLARIFICATION WITH RESPECT TO CER- ‘‘(E) Independent living housing. three grants of assistance under this chap- TAIN FEES.—Fees shall be collected under ‘‘(F) Assisted living housing. ter.’’. section 3729 of title 38, United States Code, ‘‘(G) Other modalities of housing.’’. (b) EFFECTIVE DATE.—The amendments from a person described in paragraph (6) of (b) MODIFICATION OF LIMITATIONS ON EN- made by subsection (a) shall take effect on section 3701(b) of such title, as added by sub- HANCED USE LEASES.— the date that is one year after the date of the section (a) of this section, in the same man- (1) IN GENERAL.—Paragraph (2) of section enactment of this Act and shall apply with ner as such fees are collected from a person 8162(a) is amended to read as follows: respect to assistance provided under sections described in paragraph (2) of section 3701(b) ‘‘(2) The Secretary may enter into an en- 2101(a), 2101(b), and 2102A of title 38, United of such title. hanced-use lease only for the provision of States Code, after such date. SEC. 207. OCCUPANCY OF PROPERTY BY DEPEND- supportive housing and the lease is not in- (c) MAINTENANCE OF HIGHER RATES.—The ENT CHILD OF VETERAN FOR PUR- consistent with and will not adversely affect amendment made by subsection (a) shall not POSES OF MEETING OCCUPANCY RE- the mission of the Department.’’. be construed to decrease the aggregate QUIREMENT FOR DEPARTMENT OF (2) EFFECTIVE DATE.— VETERANS AFFAIRS HOUSING amount of assistance available to an indi- (A) IN GENERAL.—Paragraph (2) of section LOANS. vidual under the sections described in sub- 8162(a) of title 38, United States Code, as Paragraph (2) of section 3704(c) is amended section (b), as most recently increased by the amended by paragraph (1), shall take effect to read as follows: Secretary pursuant to section 2102(e) of such on January 1, 2012, and shall apply with re- ‘‘(2) In any case in which a veteran is in ac- title. spect to enhanced-use leases entered into on tive-duty status as a member of the Armed SEC. 205. IMPROVEMENTS TO ASSISTANCE FOR or after such date. Forces and is unable to occupy a property DISABLED VETERANS RESIDING IN (B) PREVIOUS LEASES.—Any enhanced-use because of such status, the occupancy re- HOUSING OWNED BY A FAMILY MEM- lease that the Secretary has entered into BER. quirements of this chapter shall be consid- prior to the date described in subparagraph (a) INCREASED ASSISTANCE.—Subsection (b) ered to be satisfied if— (A) shall be subject to the provisions of sub- of section 2102A is amended— ‘‘(A) the spouse of the veteran occupies or chapter V of chapter 81 of such title, as in ef- (1) in paragraph (1), by striking ‘‘$14,000’’ intends to occupy the property as a home fect on the day before the date of the enact- and inserting ‘‘$28,000’’; and and the spouse makes the certification re- ment of this Act. (2) in paragraph (2), by striking ‘‘$2,000’’ quired by paragraph (1) of this subsection; or (c) CONSIDERATION FOR AND TERMS OF EN- and inserting ‘‘$5,000’’. ‘‘(B) a dependent child of the veteran occu- HANCED-USE LEASES.— (b) INDEXING OF LEVELS OF ASSISTANCE.— pies or will occupy the property as a home (1) IN GENERAL.—Section 8162(b) is amend- Such subsection is further amended— and the veteran’s attorney-in-fact or legal ed— (1) by redesignating paragraphs (1) and (2) guardian of the dependent child makes the (A) in paragraph (1), by striking ‘‘(A) If the as subparagraphs (A) and (B), respectively; certification required by paragraph (1) of Secretary’’ and all that follows through (2) in the matter before subparagraph (A), this subsection.’’. ‘‘under subparagraph (A).’’ and inserting the as redesignated by paragraph (1), by insert- SEC. 208. MAKING PERMANENT PROJECT FOR following: ‘‘If the Secretary has determined ing ‘‘(1)’’ before ‘‘The’’; and GUARANTEEING OF ADJUSTABLE that a property should be leased to another (3) by adding at the end the following new RATE MORTGAGES. party through an enhanced-use lease, the paragraph (2): Section 3707(a) is amended by striking ‘‘(2) Effective on October 1 of each year (be- ‘‘demonstration project under this section Secretary shall, at the Secretary’s discre- ginning in 2012), the Secretary shall use the during fiscal years 1993 through 2012’’ and in- tion, select the party with whom the lease same percentage calculated pursuant to sec- serting ‘‘project under this section’’. will be entered into using such selection pro- cedures as the Secretary considers appro- tion 2102(e) of this title to increase the SEC. 209. MAKING PERMANENT PROJECT FOR IN- amounts described in paragraph (1) of this SURING HYBRID ADJUSTABLE RATE priate.’’; subsection.’’. MORTGAGES. (B) by amending paragraph (3) to read as (c) EXTENSION OF AUTHORITY FOR ASSIST- Section 3707A(a) is amended by striking follows: ANCE.—Subsection (e) of such section is ‘‘demonstration project under this section ‘‘(3)(A) For any enhanced-use lease entered amended by striking ‘‘December 31, 2012’’ and during fiscal years 2004 through 2012’’ and in- into by the Secretary, the lease consider- inserting ‘‘December 31, 2022’’. serting ‘‘project under this section’’. ation provided to the Secretary shall consist solely of cash at fair value as determined by (d) EFFECTIVE DATE.—The amendments SEC. 210. WAIVER OF LOAN FEE FOR INDIVID- made by this section shall take effect on the UALS WITH DISABILITY RATINGS the Secretary. date of the enactment of this Act and shall ISSUED DURING PRE-DISCHARGE ‘‘(B) The Secretary shall receive no other apply with respect to assistance furnished in PROGRAMS. type of consideration for an enhanced-use accordance with section 2102A of title 38, Paragraph (2) of section 3729(c) is amended lease besides cash. United States Code, on or after that date. to read as follows: ‘‘(C) The Secretary may enter into an en- SEC. 206. DEPARTMENT OF VETERANS AFFAIRS ‘‘(2)(A) A veteran described in subpara- hanced-use lease without receiving consider- HOUSING LOAN GUARANTEES FOR graph (B) shall be treated as receiving com- ation.’’; SURVIVING SPOUSES OF CERTAIN pensation for purposes of this subsection as (C) in paragraph (4), by striking ‘‘Secretary TOTALLY DISABLED VETERANS. of the date of the rating described in such to’’ and all that follows through ‘‘use minor’’ (a) IN GENERAL.—Section 3701(b) is amend- subparagraph without regard to whether an and inserting ‘‘Secretary to use minor’’; and ed by adding at the end the following new effective date of the award of compensation (D) by adding at the end the following new paragraph: is established as of that date. paragraphs: ‘‘(6) The term ‘veteran’ also includes, for ‘‘(B) A veteran described in this subpara- ‘‘(5) The terms of an enhanced-use lease purposes of home loans, the surviving spouse graph is a veteran who is rated eligible to re- may not provide for any acquisition, con- of a veteran who died and who was in receipt ceive compensation— tract, demonstration, exchange, grant, in- of or entitled to receive (or but for the re- ‘‘(i) as the result of a pre-discharge dis- centive, procurement, sale, other transaction ceipt of retired or retirement pay was enti- ability examination and rating; or authority, service agreement, use agree- tled to receive) compensation at the time of ‘‘(ii) based on a pre-discharge review of ex- ment, lease, or lease-back by the Secretary death for a service-connected disability isting medical evidence (including service or Federal Government. rated totally disabling if— medical and treatment records) that results ‘‘(6) The Secretary may not enter into an ‘‘(A) the disability was continuously rated in the issuance of a memorandum rating.’’. enhanced-use lease without certification in totally disabling for a period of 10 or more SEC. 211. MODIFICATION OF AUTHORITIES FOR advance in writing by the Director of the Of- years immediately preceding death; ENHANCED-USE LEASES OF REAL fice of Management and Budget that such ‘‘(B) the disability was continuously rated PROPERTY. lease complies with the requirements of this totally disabling for a period of not less than (a) SUPPORTIVE HOUSING DEFINED.—Section subchapter.’’. five years from the date of such veteran’s 8161 is amended by adding at the end the fol- (2) EFFECTIVE DATE.—Paragraph (3) of sec- discharge or other release from active duty; lowing new paragraph: tion 8162(b), as amended by paragraph (1)(B) or ‘‘(3) The term ‘supportive housing’ means of this subsection, shall take effect on Janu- ‘‘(C) the veteran was a former prisoner of housing that engages tenants in on-site and ary 1, 2012, and shall apply with respect to war who died after September 30, 1999, and community-based support services for vet- enhanced-use leases entered into on or after the disability was continuously rated totally erans or their families that are at risk of such date.

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(d) PROHIBITED ENHANCED-USE LEASES.— ing to address the following recommenda- tion inures to the benefit of any member, Section 8162(c) is amended— tions from the February 9, 2012, audit report founder, or contributor of the institution, or- (1) by striking paragraph (2); and of the Department of Veterans Affairs Office ganization, or foundation; and (2) in paragraph (1), by striking ‘‘(1) Sub- of Inspector General on enhanced-use leases ‘‘(III) that the Secretary determines is fi- ject to paragraph (2), the’’ and inserting under subchapter V of chapter 81 of title 38, nancially responsible. ‘‘The’’. United States Code: ‘‘(ii) A for-profit limited partnership or (e) DISPOSITION OF LEASED PROPERTY.— (A) Improve standards to ensure complete limited liability company, the sole general Subsection (b) of section 8164 is amended to lease agreements are negotiated in line with partner or manager of which is an organiza- read as follows: strategic goals of the Department of Vet- tion that is described by subclauses (I) ‘‘(b) A disposition under this section may erans Affairs. through (III) of clause (i). be made in return for cash at fair value as (B) Institute improved policies and proce- ‘‘(iii) A corporation wholly owned and con- the Secretary determines is in the best inter- dures to govern activities such as moni- trolled by an organization that is described est of the United States and upon such other toring enhanced-use lease projects and calcu- by subclauses (I) through (III) of clause (i).’’. terms and conditions as the Secretary con- lating, classifying, and reporting on en- (b) GRANT AND PER DIEM PAYMENTS.— siders appropriate.’’. hanced-use lease benefits and expenses. (1) STUDY AND DEVELOPMENT OF FISCAL CON- (f) USE OF AMOUNTS RECEIVED FOR DISPOSI- (C) Recalculate and update enhanced-use TROLS AND PAYMENT METHOD.—Not later than TION OF LEASED PROPERTY.—Section lease expenses and benefits reported in the one year after the date of the enactment of 8165(a)(2) is amended by striking ‘‘in the De- most recent Enhanced-Use Lease Consider- this Act, the Secretary of Veterans Affairs partment of Veterans Affairs Capital Asset ation Report of the Department. shall— Fund established under section 8118 of this (D) Establish improved oversight mecha- (A) complete a study of all matters relat- title’’ and inserting ‘‘into the Department of nisms to ensure major enhanced-use lease ing to the method used by the Secretary to Veterans Affairs Construction, Major project decisions are documented and main- make per diem payments under section Projects account or Construction, Minor tained in accordance with policy. 2012(a) of title 38, United States Code, includ- Projects account, as the Secretary considers (E) Establish improved criteria to measure ing changes anticipated by the Secretary in appropriate’’. timeliness and performance in enhanced-use the cost of furnishing services to homeless (g) CONSTRUCTION STANDARDS.—Section lease project development and execution. veterans and accounting for costs of pro- 8166 is amended to read as follows: (F) Establish improved criteria and guide- viding such services in various geographic ‘‘§ 8166. Construction standards lines for assessing projects to determine areas; ‘‘The construction, alteration, repair, re- whether they are or remain viable can- (B) develop more effective and efficient modeling, or improvement of a property that didates for enhanced-use leases. procedures for fiscal control and fund ac- is the subject of an enhanced-use lease shall (3) CLERICAL AMENDMENT.—The table of counting by recipients of grants under sec- be carried out so as to comply with all appli- sections at the beginning of chapter 81 is tions 2011, 2012, and 2061 of such title; and cable provisions of Federal, State, and local amended by inserting after the item relating (C) develop a more effective and efficient law relating to land use, building standards, to section 8167 the following new item: method for adequately reimbursing recipi- permits, and inspections.’’. ‘‘8168. Annual reports.’’. ents of grants under section 2011 of such title for services furnished to homeless veterans. (h) EXEMPTION FROM STATE AND LOCAL (j) EXPIRATION OF AUTHORITY.—Section 8169 (2) CONSIDERATION.—In developing the TAXES.—Section 8167 is amended to read as is amended by striking ‘‘December 31, 2011’’ follows: method required by paragraph (1)(C), the and inserting ‘‘December 31, 2023’’. Secretary may consider payments and grants ‘‘§ 8167. Exemption from State and local taxes (k) EFFECTIVE DATE.—Except as otherwise received by recipients of grants described in ‘‘(a) IMPROVEMENTS AND OPERATIONS NOT provided in this section, the amendments such paragraph from other departments and EXEMPTED.—The improvements and oper- made by this section shall take effect on the agencies of Federal and local governments ations on land leased by a person with an en- date of the enactment of this Act. and from private entities. hanced-use lease from the Secretary shall be TITLE III—HOMELESS MATTERS (3) REPORT.—Not later than one year after subject to all applicable provisions of Fed- SEC. 301. ENHANCEMENT OF COMPREHENSIVE the date of the enactment of this Act, the eral, State, or local law relating to taxation, SERVICE PROGRAMS. Secretary shall submit to Congress a report fees, and assessments. (a) ENHANCEMENT OF GRANTS.—Section 2011 on— ‘‘(b) UNDERLYING FEE TITLE INTEREST EX- is amended— (A) the findings of the Secretary with re- EMPTED.—The underlying fee title interest of (1) in subsection (b)(1)(A), by striking ‘‘ex- spect to the study required by subparagraph the United States in any land subject to an pansion, remodeling, or alteration of exist- (A) of paragraph (1); enhanced-use lease shall not be subject, di- ing buildings, or acquisition of facilities,’’ (B) the methods developed under subpara- rectly or indirectly, to any provision of and inserting ‘‘new construction of facilities, graphs (B) and (C) of such paragraph; and State or local law relating to taxation, fees, expansion, remodeling, or alteration of exist- (C) any recommendations of the Secretary or assessments.’’. ing facilities, or acquisition of facilities,’’; for revising the method described in subpara- (i) ANNUAL REPORTS.— and graph (A) of such paragraph and any legisla- (1) IN GENERAL.—Subchapter V of chapter (2) in subsection (c)— tive action the Secretary considers nec- 81 is amended by inserting after section 8167 (A) in the first sentence, by striking ‘‘A essary to implement such method. the following new section: grant’’ and inserting ‘‘(1) A grant’’; SEC. 302. MODIFICATION OF AUTHORITY FOR ‘‘§ 8168. Annual reports (B) in the second sentence of paragraph (1), PROVISION OF TREATMENT AND RE- ‘‘(a) REPORT ON ADMINISTRATION OF as designated by subparagraph (A), by strik- HABILITATION TO CERTAIN VET- ERANS TO INCLUDE PROVISION OF LEASES.—Not later than 120 days after the ing ‘‘The amount’’ and inserting the fol- TREATMENT AND REHABILITATION date of the enactment of the Honoring Amer- lowing: TO HOMELESS VETERANS WHO ARE ica’s Veterans and Caring for Camp Lejeune ‘‘(2) The amount’’; and NOT SERIOUSLY MENTALLY ILL. Families Act of 2012 and not less frequently (C) by adding at the end the following new Section 2031(a) is amended in the matter than once each year thereafter, the Sec- paragraph: before paragraph (1) by striking ‘‘, includ- retary shall submit to Congress a report ‘‘(3)(A) The Secretary may not deny an ap- ing’’ and inserting ‘‘and to’’. identifying the actions taken by the Sec- plication from an entity that seeks a grant SEC. 303. MODIFICATION OF GRANT PROGRAM retary to implement and administer en- under this section to carry out a project de- FOR HOMELESS VETERANS WITH hanced-use leases. scribed in subsection (b)(1)(A) solely on the SPECIAL NEEDS. ‘‘(b) REPORT ON LEASE CONSIDERATION.— basis that the entity proposes to use funding (a) INCLUSION OF ENTITIES ELIGIBLE FOR Each year, as part of the annual budget sub- from other private or public sources, if the COMPREHENSIVE SERVICE PROGRAM GRANTS mission of the President to Congress under entity demonstrates that a private nonprofit AND PER DIEM PAYMENTS FOR SERVICES TO section 1105(a) of title 31, the Secretary shall organization will provide oversight and site HOMELESS VETERANS.—Subsection (a) of sec- submit to Congress a detailed report of the control for the project. tion 2061 is amended— consideration received by the Secretary for ‘‘(B) In this paragraph, the term ‘private (1) by striking ‘‘to grant and per diem pro- each enhanced-use lease under this sub- nonprofit organization’ means the following: viders’’ and inserting ‘‘to entities eligible for chapter, along with an overview of how the ‘‘(i) An incorporated private institution, grants and per diem payments under sections Secretary is utilizing such consideration to organization, or foundation— 2011 and 2012 of this title’’; and support veterans.’’. ‘‘(I) that has received, or has temporary (2) by striking ‘‘by those facilities and pro- (2) ELEMENTS OF INITIAL REPORT.—The first clearance to receive, tax-exempt status viders’’ and inserting ‘‘by those facilities and report submitted by the Secretary under sec- under paragraph (2), (3), or (19) of section entities’’. tion 8168(a) of title 38, United States Code, as 501(c) of the Internal Revenue Code of 1986; (b) INCLUSION OF MALE HOMELESS VET- added by paragraph (1), shall include a sum- ‘‘(II) for which no part of the net earnings ERANS WITH MINOR DEPENDENTS.—Subsection mary of those measures the Secretary is tak- of the institution, organization, or founda- (b) of such section is amended—

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11543 (1) in paragraph (1), by striking ‘‘, includ- (B) to maintain referral networks for cov- graph (1) through the award of grants or con- ing women who have care of minor depend- ered veterans for purposes of assisting cov- tracts to appropriate public and nonprofit ents’’; ered veterans in demonstrating eligibility private entities. (2) in paragraph (3), by striking ‘‘or’’; for assistance and additional services under (3) FUNDING.—From amounts appropriated (3) in paragraph (4), by striking the period entitlement and assistance programs avail- or otherwise made available to the Secretary at the end and inserting ‘‘; or’’; and able for covered veterans, and to otherwise in the Medical Services account in a year, (4) by adding at the end the following new aid covered veterans in obtaining such as- $500,000 shall be available to the Secretary in paragraph: sistance and services; that year to carry out this subsection. ‘‘(5) individuals who have care of minor de- (C) to ensure the confidentiality of records (f) ANNUAL REPORT.— pendents.’’. maintained by the entity on covered vet- (1) IN GENERAL.—Not later than 545 days (c) AUTHORIZATION OF PROVISION OF SERV- erans receiving services through the sup- after the date of the enactment of this Act ICES TO DEPENDENTS.—Such section is fur- ported housing program described in sub- and not less frequently than once each year ther amended— section (a); thereafter, the Secretary of Veterans Affairs (1) by redesignating subsection (c) as sub- (D) to establish such procedures for fiscal shall submit to Congress a report on the col- section (d); and control and fund accounting as the Secretary laboration between the Secretary and eligi- (2) by inserting after subsection (b) the fol- of Veterans Affairs considers appropriate to ble entities in the provision of case manage- lowing new subsection (c): ensure proper disbursement and accounting ment services as described in subsection (a) ‘‘(c) PROVISION OF SERVICES TO DEPEND- of funds under a contract or agreement en- ENTS.—A recipient of a grant under sub- tered into by the entity as described in sub- during the most recently completed fiscal section (a) may use amounts under the grant section (a); year. to provide services directly to a dependent of (E) to submit to the Secretary each year, (2) ELEMENTS.—Each report required by a homeless veteran with special needs who is in such form and such manner as the Sec- paragraph (1) shall include, for the period under the care of such homeless veteran retary may require, a report on the collabo- covered by the report, the following: while such homeless veteran receives serv- ration undertaken by the entity under a con- (A) A discussion of each case in which a ices from the grant recipient under this sec- tract or agreement described in such sub- contract or agreement described in sub- tion.’’. section during the most recent fiscal year, section (a) was considered by the Secretary, SEC. 304. COLLABORATION IN PROVISION OF including a description of, for the year cov- including a description of whether or not and CASE MANAGEMENT SERVICES TO ered by the report— why the Secretary chose or did not choose to HOMELESS VETERANS IN SUP- (i) the services and assistance provided to enter into such contract or agreement. PORTED HOUSING PROGRAM. covered veterans as part of such collabora- (B) The number and types of eligible enti- (a) IN GENERAL.—The Secretary of Vet- tion; ties with whom the Secretary has entered erans Affairs shall consider entering into (ii) the process by which covered veterans into a contract or agreement as described in contracts or agreements, under sections 513 were referred to the entity for such services subsection (a). and 8153 of title 38, United States Code, with and assistance; (C) A description of the geographic regions eligible entities to collaborate with the Sec- (iii) the specific goals jointly set by the en- in which such entities provide case manage- retary in the provision of case management tity and the Secretary for the provision of ment services as described in such sub- services to covered veterans as part of the such services and assistance and whether the section. supported housing program carried out under entity achieved such goals; and (D) A description of the number and types section 8(o)(19) of the United States Housing (iv) the average length of time taken by a of covered veterans who received case man- Act of 1937 (42 U.S.C. 1437f(o)(19)) to ensure covered veteran who received such services agement services from such entities under that the homeless veterans facing the most and assistance to successfully obtain suit- such contracts or agreements. significant difficulties in obtaining suitable able housing and the average retention rate (E) An assessment of the performance of housing receive the assistance they require of such a veteran in such housing; and each eligible entity with whom the Sec- to obtain such housing. (F) to meet such other requirements as the retary entered into a contract or agreement (b) COVERED VETERANS.—For purposes of Secretary considers appropriate for purposes as described in subsection (a). this section, a covered veteran is any vet- of providing assistance to covered veterans (F) An assessment of the benefits to cov- eran who, at the time of receipt of a housing in obtaining suitable housing; and ered veterans of such contracts and agree- voucher under such section 8(o)(19)— (2) has demonstrated experience in— ments. (1) requires the assistance of a case man- (A) identifying and serving homeless vet- (G) A discussion of the benefits of increas- ager in obtaining suitable housing with such erans, especially those who have the greatest ing the ratio of case managers to recipients voucher; and difficulty obtaining suitable housing; of vouchers under the supported housing pro- (2) is having difficulty obtaining the (B) working collaboratively with the De- gram described in such subsection to vet- amount of such assistance the veteran re- partment of Veterans Affairs or the Depart- erans who reside in rural areas. quires, including because— ment of Housing and Urban Development; (H) Such recommendations for legislative (A) the veteran resides in an area that has (C) conducting outreach to, and maintain- or administrative action as the Secretary a shortage of low-income housing and be- ing relationships with, landlords to encour- considers appropriate for the improvement cause of such shortage the veteran requires age and facilitate participation by landlords of collaboration in the provision of case more assistance from a case manager than in supported housing programs similar to the management services under such supported the Secretary otherwise provides; supported housing program described in sub- housing program. (B) the location in which the veteran re- section (a); sides is located at such distance from facili- (D) mediating disputes between landlords SEC. 305. EXTENSIONS OF PREVIOUSLY FULLY ties of the Department of Veterans Affairs as and veterans receiving assistance under such FUNDED AUTHORITIES AFFECTING HOMELESS VETERANS. makes the provision of case management supported housing program; and services by the Secretary to such veteran (E) carrying out such other activities as (a) COMPREHENSIVE SERVICE PROGRAMS.— impractical; or the Secretary of Veterans Affairs considers Section 2013 is amended by striking para- (C) the veteran resides in an area where appropriate. graph (5) and inserting the following new veterans who receive case management serv- (d) CONSULTATION.—In considering entering paragraphs: ices from the Secretary under such section into contracts or agreements as described in ‘‘(5) $250,000,000 for fiscal year 2013. have a significantly lower average rate of subsection (a), the Secretary of Veterans Af- ‘‘(6) $150,000,000 for fiscal year 2014 and each successfully obtaining suitable housing than fairs shall consult with— subsequent fiscal year.’’. the average rate of successfully obtaining (1) the Secretary of Housing and Urban De- suitable housing for all veterans receiving velopment; and (b) HOMELESS VETERANS REINTEGRATION such services. (2) third parties that provide services as PROGRAMS.—Section 2021(e)(1)(F) is amended (c) ELIGIBLE ENTITIES.—For purposes of part of the Department of Housing and by striking ‘‘2012’’ and inserting ‘‘2013’’. this section, an eligible entity is any State Urban Development continuum of care. (c) FINANCIAL ASSISTANCE FOR SUPPORTIVE or local government agency, tribal organiza- (e) TECHNICAL ASSISTANCE FOR COLLABO- SERVICES FOR VERY LOW-INCOME VETERAN tion (as such term is defined in section 4 of RATING ENTITIES.— FAMILIES IN PERMANENT HOUSING.—Section the Indian Self Determination and Education (1) IN GENERAL.—The Secretary may pro- 2044(e)(1) is amended by adding at the end Assistance Act (25 U.S.C. 450b)), or nonprofit vide training and technical assistance to en- the following new subparagraph: organization that— tities with whom the Secretary collaborates ‘‘(E) $300,000,000 for fiscal year 2013.’’. (1) under a contract or agreement de- in the provision of case management services scribed in subsection (a), agrees— to veterans as part of the supported housing (d) GRANT PROGRAM FOR HOMELESS VET- (A) to ensure access to case management program described in subsection (a). ERANS WITH SPECIAL NEEDS.—Section services by covered veterans on an as-needed (2) GRANTS.—The Secretary may provide 2061(c)(1) is amended by striking ‘‘through basis; training and technical assistance under para- 2012’’ and inserting ‘‘through 2013’’.

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TITLE IV—EDUCATION MATTERS ‘‘(B) indicating whether it is necessary for (b) EFFECTIVE DATE.—Subsection (e) of SEC. 401. AGGREGATE AMOUNT OF EDUCATIONAL the purposes of maintaining adequate levels such section, as added by subsection (a), ASSISTANCE AVAILABLE TO INDIVID- of well-qualified active-duty personnel in the shall take effect on the date that is 180 days UALS WHO RECEIVE BOTH SUR- Armed Forces to continue to offer the oppor- after the date of the enactment of this Act, VIVORS’ AND DEPENDENTS’ EDU- tunity for educational assistance under this and shall apply with respect to claims for CATIONAL ASSISTANCE AND OTHER chapter to individuals who have not yet en- which a substantive appeal is filed on or VETERANS AND RELATED EDU- tered active-duty service; and after the date that is 180 days after the date CATIONAL ASSISTANCE. ‘‘(C) describing the efforts under section of the enactment of this Act. (a) AGGREGATE AMOUNT AVAILABLE.—Sec- 3323(b) of this title to inform members of the SEC. 502. AUTHORITY FOR CERTAIN PERSONS TO tion 3695 is amended— Armed Forces of the active duty service re- SIGN CLAIMS FILED WITH SEC- (1) in subsection (a)(4), by striking ‘‘35,’’; quirements for entitlement to educational RETARY OF VETERANS AFFAIRS ON and BEHALF OF CLAIMANTS. assistance under this chapter and the results (2) by adding at the end the following new (a) IN GENERAL.—Section 5101 is amended— from such efforts; and subsection: (1) in subsection (a)— ‘‘(2) such recommendations for administra- ‘‘(c) The aggregate period for which any (A) by striking ‘‘A specific’’ and inserting tive and legislative changes regarding the person may receive assistance under chapter ‘‘(1) A specific’’; and provision of educational assistance to mem- 35 of this title, on the one hand, and any of (B) by adding at the end the following new bers of the Armed Forces and veterans, and the provisions of law referred to in sub- paragraph: section (a), on the other hand, may not ex- their dependents, as the Secretary of Defense ‘‘(2) If an individual has not attained the ceed 81 months (or the part-time equivalent considers appropriate. age of 18 years, is mentally incompetent, or ‘‘(c) CONTENTS OF SECRETARY OF VETERANS thereof).’’. is physically unable to sign a form, a form AFFAIRS REPORTS.—The Secretary shall in- (b) APPLICABILITY.—The amendment made filed under paragraph (1) for the individual by subsection (a) shall take effect on October clude in each report submitted under this may be signed by a court-appointed rep- 1, 2013, and shall not operate to revive any section— resentative, a person who is responsible for entitlement to assistance under chapter 35 of ‘‘(1) information concerning the level of the care of the individual, including a spouse title 38, United States Code, or the provi- utilization of educational assistance and of or other relative, or an attorney in fact or sions of law referred to in section 3695(a) of expenditures under this chapter and under agent authorized to act on behalf of the indi- such title, as in effect on the day before such chapter 35 of this title; vidual under a durable power of attorney. If date, that was terminated by reason of the ‘‘(2) appropriate student outcome meas- the individual is in the care of an institu- operation of section 3695(a) of such title, as ures, such as the number of credit hours, cer- tion, the manager or principal officer of the so in effect, before such date. tificates, degrees, and other qualifications institution may sign the form.’’; (c) REVIVAL OF ENTITLEMENT REDUCED BY earned by beneficiaries under this chapter (2) in subsection (c)— PRIOR UTILIZATION OF CHAPTER 35 ASSIST- and chapter 35 of this title during the aca- (A) in paragraph (1)— ANCE.— demic year covered by the report; and (i) by inserting ‘‘, signs a form on behalf of (1) IN GENERAL.—Subject to paragraph (2), ‘‘(3) such recommendations for administra- an individual to apply for,’’ after ‘‘who ap- in the case of an individual whose period of tive and legislative changes regarding the plies for’’; entitlement to assistance under a provision provision of educational assistance to mem- (ii) by inserting ‘‘, or TIN in the case that of law referred to in section 3695(a) of title bers of the Armed Forces and veterans, and the person is not an individual,’’ after ‘‘of 38, United States Code (other than chapter 35 their dependents, as the Secretary considers such person’’; and of such title), as in effect on September 30, appropriate. (iii) by striking ‘‘dependent’’ and inserting 2013, was reduced under such section 3695(a), ‘‘(d) TERMINATION.—No report shall be re- ‘‘claimant, dependent,’’; and as so in effect, by reason of the utilization of quired under this section after January 1, (B) in paragraph (2), by inserting ‘‘or TIN’’ entitlement to assistance under chapter 35 of 2021.’’. after ‘‘social security number’’ each place it such title before October 1, 2013, the period of (2) CLERICAL AMENDMENT.—The table of appears; and entitlement to assistance of such individual sections at the beginning of such chapter is (3) by adding at the end the following new under such provision shall be determined amended by inserting after the item relating subsection: without regard to any entitlement so uti- to section 3324 the following new item: ‘‘(d) In this section: lized by the individual under chapter 35 of ‘‘3325. Reporting requirement.’’. ‘‘(1) The term ‘mentally incompetent’ with such title. (3) DEADLINE FOR SUBMITTAL OF FIRST RE- respect to an individual means that the indi- (2) LIMITATION.—The maximum period of PORT.—The first reports required under sec- vidual lacks the mental capacity— entitlement to assistance of an individual tion 3325 of title 38, United States Code, as ‘‘(A) to provide substantially accurate in- under paragraph (1) may not exceed 81 added by paragraph (1), shall be submitted by formation needed to complete a form; or months. not later than November 1, 2013. ‘‘(B) to certify that the statements made SEC. 402. ANNUAL REPORTS ON POST-9/11 EDU- (b) REPEAL OF REPORT ON ALL VOLUNTEER- on a form are true and complete. CATIONAL ASSISTANCE PROGRAM FORCE EDUCATIONAL ASSISTANCE PROGRAM.— ‘‘(2) The term ‘TIN’ has the meaning given AND SURVIVORS’ AND DEPENDENTS’ (1) IN GENERAL.—Chapter 30 is amended by the term in section 7701(a)(41) of the Internal EDUCATIONAL ASSISTANCE PRO- striking section 3036. Revenue Code of 1986.’’. GRAM. (2) CLERICAL AMENDMENT.—The table of (b) APPLICABILITY.—The amendments made (a) REPORTS REQUIRED.— sections at the beginning of such chapter is by subsection (a) shall apply with respect to (1) IN GENERAL.—Subchapter III of chapter amended by striking the item relating to claims filed on or after the date of the enact- 33 is amended by adding at the end the fol- section 3036. ment of this Act. lowing new section: TITLE V—BENEFITS MATTERS SEC. 503. IMPROVEMENT OF PROCESS FOR FIL- ‘‘§ 3325. Reporting requirement ING JOINTLY FOR SOCIAL SECURITY SEC. 501. AUTOMATIC WAIVER OF AGENCY OF AND DEPENDENCY AND INDEMNITY ‘‘(a) IN GENERAL.—For each academic ORIGINAL JURISDICTION REVIEW COMPENSATION. year— OF NEW EVIDENCE. Section 5105 is amended— ‘‘(1) the Secretary of Defense shall submit (a) IN GENERAL.—Section 7105 is amended (1) in subsection (a)— to Congress a report on the operation of the by adding at the end the following new sub- (A) by striking ‘‘shall’’ the first place it program provided for in this chapter; and section: appears and inserting ‘‘may’’; and ‘‘(2) the Secretary shall submit to Congress ‘‘(e)(1) If, either at the time or after the (B) by striking ‘‘Each such form’’ and in- a report on the operation of the program pro- agency of original jurisdiction receives a serting ‘‘Such forms’’; and vided for in this chapter and the program substantive appeal, the claimant or the (2) in subsection (b), by striking ‘‘on such provided for under chapter 35 of this title. claimant’s representative, if any, submits a form’’ and inserting ‘‘on any document in- ‘‘(b) CONTENTS OF SECRETARY OF DEFENSE evidence to either the agency of original ju- dicating an intent to apply for survivor bene- REPORTS.—The Secretary of Defense shall in- risdiction or the Board of Veterans’ Appeals fits’’. clude in each report submitted under this for consideration in connection with the section— issue or issues with which disagreement has SEC. 504. AUTHORIZATION OF USE OF ELEC- TRONIC COMMUNICATION TO PRO- ‘‘(1) information— been expressed, such evidence shall be sub- VIDE NOTICE TO CLAIMANTS FOR ‘‘(A) indicating the extent to which the ject to initial review by the Board unless the BENEFITS UNDER LAWS ADMINIS- benefit levels provided under this chapter claimant or the claimant’s representative, as TERED BY THE SECRETARY OF VET- are adequate to achieve the purposes of in- the case may be, requests in writing that the ERANS AFFAIRS. ducing individuals to enter and remain in agency of original jurisdiction initially re- (a) IN GENERAL.—Section 5103 is amended— the Armed Forces and of providing an ade- view such evidence. (1) in subsection (a)(1)— quate level of financial assistance to help ‘‘(2) A request for review of evidence under (A) by striking ‘‘Upon receipt of a com- meet the cost of pursuing a program of edu- paragraph (1) shall accompany the submittal plete or substantially complete application, cation; of the evidence.’’. the’’ and inserting ‘‘The’’;

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11545 (B) by striking ‘‘notify’’ and inserting evant private records to be treated as rea- (1) by redesignating paragraphs (2) and (3) ‘‘provide to’’; and sonable under this section, unless it is made as paragraphs (3) and (4), respectively; and (C) by inserting ‘‘by the most effective evident by the first request that a second re- (2) by inserting after paragraph (1) the fol- means available, including electronic com- quest would be futile in obtaining such lowing new paragraph (2): munication or notification in writing, no- records. ‘‘(2)(A) The effective date of an award of tice’’ before ‘‘of any information’’; and ‘‘(3)(A) This section shall not apply if the disability compensation to a veteran who (2) in subsection (b), by adding at the end evidence of record allows for the Secretary submits an application therefor that sets the following new paragraphs: to award the maximum benefit in accordance forth an original claim that is fully-devel- ‘‘(4) Nothing in this section shall require with this title based on the evidence of oped (as determined by the Secretary) as of the Secretary to provide notice for a subse- record. the date of submittal shall be fixed in ac- quent claim that is filed while a previous ‘‘(B) For purposes of this paragraph, the cordance with the facts found, but shall not claim is pending if the notice previously pro- term ‘maximum benefit’ means the highest be earlier than the date that is one year be- vided for such pending claim— evaluation assignable in accordance with the fore the date of receipt of the application. ‘‘(A) provides sufficient notice of the infor- evidence of record, as long as such evidence ‘‘(B) For purposes of this paragraph, an mation and evidence necessary to substan- is adequate for rating purposes and sufficient original claim is an initial claim filed by a tiate such subsequent claim; and to grant the earliest possible effective date veteran for disability compensation. ‘‘(B) was sent within one year of the date in accordance with section 5110 of this title. ‘‘(4) Under regulations prescribed by the ‘‘(C) This paragraph shall take effect on on which the subsequent claim was filed. the date that is one year after the date of the ‘‘(5)(A) This section shall not apply to any Secretary, the Secretary— ‘‘(A) shall encourage claimants to submit enactment of the Honoring America’s Vet- claim or issue where the Secretary may erans and Caring for Camp Lejeune Families award the maximum benefit in accordance relevant private medical records of the claimant to the Secretary if such submission Act of 2012 and shall not apply with respect with this title based on the evidence of to claims filed after the date that is three record. does not burden the claimant; and ‘‘(B) in obtaining relevant private records years after the date of the enactment of such ‘‘(B) For purposes of this paragraph, the Act.’’. term ‘maximum benefit’ means the highest under paragraph (1), may require the claim- evaluation assignable in accordance with the ant to authorize the Secretary to obtain SEC. 507. MODIFICATION OF MONTH OF DEATH evidence of record, as long as such evidence such records if such authorization is required BENEFIT FOR SURVIVING SPOUSES to comply with Federal, State, or local OF VETERANS WHO DIE WHILE ENTI- is adequate for rating purposes and sufficient TLED TO COMPENSATION OR PEN- to grant the earliest possible effective date law.’’. SION. in accordance with section 5110 of this (b) PUBLIC RECORDS.—Subsection (c) of (a) SURVIVING SPOUSE BENEFIT FOR MONTH title.’’. such section is amended to read as follows: OF VETERAN’S DEATH.—Subsections (a) and (b) CONSTRUCTION.—Nothing in the amend- ‘‘(c) OBTAINING RECORDS FOR COMPENSATION CLAIMS.—(1) In the case of a claim for dis- (b) of section 5310 are amended to read as fol- ments made by subsection (a) shall be con- lows: strued as eliminating any requirement with ability compensation, the assistance pro- ‘‘(a) IN GENERAL.—(1) A surviving spouse of respect to the contents of a notice under sec- vided by the Secretary under this section a veteran is entitled to a benefit for the tion 5103 of title 38, United States Code, that shall include obtaining the following records month of the veteran’s death if— is required under regulations prescribed pur- if relevant to the claim: ‘‘(A) at the time of the veteran’s death, the suant to subsection (a)(2) of such section as ‘‘(A) The claimant’s service medical veteran was receiving compensation or pen- of the date of the enactment of this Act. records and, if the claimant has furnished sion under chapter 11 or 15 of this title; or (c) EFFECTIVE DATE.— the Secretary information sufficient to lo- ‘‘(B) the veteran is determined for purposes (1) IN GENERAL.—The amendments made by cate such records, other relevant records per- subsection (a) shall take effect on the date taining to the claimant’s active military, of section 5121 or 5121A of this title as having that is 180 days after the date of the enact- naval, or air service that are held or main- been entitled to receive compensation or ment of this Act and shall apply with respect tained by a governmental entity. pension under chapter 11 or 15 of this title to notification obligations of the Secretary ‘‘(B) Records of relevant medical treat- for the month of the veteran’s death. of Veterans Affairs on or after such date. ment or examination of the claimant at De- ‘‘(2) The amount of the benefit under para- (2) CONSTRUCTION REGARDING APPLICA- partment health-care facilities or at the ex- graph (1) is the amount that the veteran BILITY.—Nothing in this section or the pense of the Department, if the claimant fur- would have received under chapter 11 or 15 of amendments made by this section shall be nishes information sufficient to locate those this title, as the case may be, for the month construed to require the Secretary to carry records. of the veteran’s death had the veteran not out notification procedures in accordance ‘‘(C) Any other relevant records held by died. with requirements of section 5103 of title 38, any Federal department or agency that the ‘‘(b) CLAIMS PENDING ADJUDICATION.—If a United States Code, as in effect on the day claimant adequately identifies and author- claim for entitlement to compensation or ad- before the effective date established in para- izes the Secretary to obtain. ditional compensation under chapter 11 of graph (1) on or after such effective date. ‘‘(2) Whenever the Secretary attempts to this title or pension or additional pension obtain records from a Federal department or under chapter 15 of this title is pending at SEC. 505. DUTY TO ASSIST CLAIMANTS IN OB- agency under this subsection, the efforts to TAINING PRIVATE RECORDS. the time of a veteran’s death and the check obtain those records shall continue until the (a) IN GENERAL.—Subsection (b) of section or other payment issued to the veteran’s sur- records are obtained unless it is reasonably 5103A is amended to read as follows: viving spouse under subsection (a) is less certain that such records do not exist or that ‘‘(b) ASSISTANCE IN OBTAINING PRIVATE than the amount of the benefit the veteran further efforts to obtain those records would RECORDS.—(1) As part of the assistance pro- would have been entitled to for the month of be futile.’’. vided under subsection (a), the Secretary death pursuant to the adjudication of the (c) EFFECTIVE DATE.— shall make reasonable efforts to obtain rel- pending claim, an amount equal to the dif- (1) IN GENERAL.—The amendments made by evant private records that the claimant ade- ference between the amount to which the subsections (a) and (b) shall take effect on quately identifies to the Secretary. veteran would have been entitled to receive the date that is 180 days after the date of the ‘‘(2)(A) Whenever the Secretary, after mak- under chapter 11 or 15 of this title for the enactment of this Act and shall apply with ing such reasonable efforts, is unable to ob- month of the veteran’s death had the veteran respect to assistance obligations of the Sec- tain all of the relevant records sought, the not died and the amount of the check or retary of Veterans Affairs on or after such Secretary shall notify the claimant that the other payment issued to the surviving spouse date. Secretary is unable to obtain records with shall be treated in the same manner as an (2) CONSTRUCTION.—Nothing in this section respect to the claim. Such a notification accrued benefit under section 5121 of this or the amendments made by this section shall— title.’’. shall be construed to require the Secretary ‘‘(i) identify the records the Secretary is (b) MONTH OF DEATH BENEFIT EXEMPT FROM to carry out assistance in accordance with unable to obtain; DELAYED COMMENCEMENT OF PAYMENT.—Sec- requirements of section 5103A of title 38, ‘‘(ii) briefly explain the efforts that the tion 5111(c)(1) is amended by striking ‘‘apply United States Code, as in effect on the day Secretary made to obtain such records; and to’’ and all that follows through ‘‘death oc- before the effective date established in para- ‘‘(iii) explain that the Secretary will de- curred’’ and inserting the following: ‘‘not graph (1) on or after such effective date. cide the claim based on the evidence of apply to payments made pursuant to section record but that this section does not prohibit SEC. 506. AUTHORITY FOR RETROACTIVE EFFEC- 5310 of this title’’. TIVE DATE FOR AWARDS OF DIS- the submission of records at a later date if ABILITY COMPENSATION IN CON- (c) EFFECTIVE DATE.—The amendments such submission is otherwise allowed. NECTION WITH APPLICATIONS THAT made by this section shall take effect on the ‘‘(B) The Secretary shall make not less ARE FULLY-DEVELOPED AT SUB- date of the enactment of this Act, and shall than two requests to a custodian of a private MITTAL. apply with respect to deaths that occur on or record in order for an effort to obtain rel- Section 5110(b) is amended— after that date.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.001 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11546 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 SEC. 508. INCREASE IN RATE OF PENSION FOR ‘‘§ 1388. Prohibition on disruptions of funer- of this section is liable in an action under DISABLED VETERANS MARRIED TO als of members or former members of the subsection (c) for actual or statutory dam- ONE ANOTHER AND BOTH OF WHOM Armed Forces ages as provided in this subsection. REQUIRE REGULAR AID AND AT- ‘‘(2) ACTIONS BY PRIVATE PERSONS.—A per- TENDANCE. ‘‘(a) PROHIBITION.—For any funeral of a member or former member of the Armed son bringing an action under subsection (a) IN GENERAL.—Section 1521(f)(2) is Forces that is not located at a cemetery (c)(3) may elect, at any time before final amended by striking ‘‘$30,480’’ and inserting under the control of the National Cemetery judgment is rendered, to recover the actual ‘‘$32,433’’. Administration or part of Arlington Na- damages suffered by him or her as a result of (b) EFFECTIVE DATE.—The amendment tional Cemetery, it shall be unlawful for any the violation or, instead of actual damages, made by subsection (a) shall take effect on person to engage in an activity during the an award of statutory damages for each vio- the date of the enactment of this Act. period beginning 120 minutes before and end- lation involved in the action. SEC. 509. EXCLUSION OF CERTAIN REIMBURSE- ing 120 minutes after such funeral, any part ‘‘(3) ACTIONS BY ATTORNEY GENERAL.—In MENTS OF EXPENSES FROM DETER- of which activity— any action under subsection (c)(2), the Attor- MINATION OF ANNUAL INCOME ‘‘(1)(A) takes place within the boundaries ney General is entitled to recover an award WITH RESPECT TO PENSIONS FOR of the location of such funeral or takes place of statutory damages for each violation in- VETERANS AND SURVIVING within 300 feet of the point of the intersec- SPOUSES AND CHILDREN OF VET- volved in the action notwithstanding any re- ERANS. tion between— covery under subsection (c)(3). ‘‘(i) the boundary of the location of such (a) IN GENERAL.—Paragraph (5) of section ‘‘(4) STATUTORY DAMAGES.—A court may funeral; and 1503(a) of title 38, United States Code, is award, as the court considers just, statutory ‘‘(ii) a road, pathway, or other route of in- amended to read as follows: damages in a sum of not less than $25,000 or gress to or egress from the location of such ‘‘(5) payments regarding reimbursements more than $50,000 per violation. funeral; and of any kind (including insurance settlement ‘‘(e) REBUTTABLE PRESUMPTION.—It shall be ‘‘(B) includes any individual willfully mak- payments) for expenses related to the repay- a rebuttable presumption that the violation ing or assisting in the making of any noise ment, replacement, or repair of equipment, was committed willfully for purposes of de- or diversion— vehicles, items, money, or property resulting termining relief under this section if the vio- ‘‘(i) that is not part of such funeral and from— lator, or a person acting in concert with the that disturbs or tends to disturb the peace or violator, did not have reasonable grounds to ‘‘(A) any accident (as defined by the Sec- good order of such funeral; and retary), but the amount excluded under this believe, either from the attention or pub- ‘‘(ii) with the intent of disturbing the licity sought by the violator or other cir- subclause shall not exceed the greater of the peace or good order of such funeral; fair market value or reasonable replacement cumstance, that the conduct of such violator ‘‘(2)(A) is within 500 feet of the boundary of or person would not disturb or tend to dis- value of the equipment or vehicle involved at the location of such funeral; and the time immediately preceding the acci- turb the peace or good order of such funeral, ‘‘(B) includes any individual— impede or tend to impede the access to or dent; ‘‘(i) willfully and without proper authoriza- ‘‘(B) any theft or loss (as defined by the egress from such funeral, or disturb or tend tion impeding or tending to impede the ac- to disturb the peace of any surviving mem- Secretary), but the amount excluded under cess to or egress from such location; and this subclause shall not exceed the greater of ber of the deceased person’s immediate fam- ‘‘(ii) with the intent to impede the access ily who may be found on or near the resi- the fair market value or reasonable replace- to or egress from such location; or ment value of the item or the amount of the dence, home, or domicile of the deceased per- ‘‘(3) is on or near the boundary of the resi- son’s immediate family on the date of the money (including legal tender of the United dence, home, or domicile of any surviving States or of a foreign country) involved at service or ceremony. member of the deceased person’s immediate ‘‘(f) DEFINITIONS.—In this section— the time immediately preceding the theft or family and includes any individual willfully ‘‘(1) the term ‘Armed Forces’ has the loss; or making or assisting in the making of any meaning given the term in section 101 of ‘‘(C) any casualty loss (as defined by the noise or diversion— title 10 and includes members and former Secretary), but the amount excluded under ‘‘(A) that disturbs or tends to disturb the members of the National Guard who were this subclause shall not exceed the greater of peace of the persons located at such location; employed in the service of the United States; the fair market value or reasonable replace- and and ment value of the property involved at the ‘‘(B) with the intent of disturbing such ‘‘(2) the term ‘immediate family’ means, time immediately preceding the casualty peace. with respect to a person, the immediate fam- loss;’’. ‘‘(b) PENALTY.—Any person who violates ily members of such person, as such term is subsection (a) shall be fined under this title (b) EFFECTIVE DATE.—The amendment defined in section 115 of this title.’’. or imprisoned for not more than 1 year, or made by subsection (a) shall take effect on (c) AMENDMENT TO TITLE 38.— both. the date that is 180 days after the date of the (1) IN GENERAL.—Section 2413 is amended to ‘‘(c) CIVIL REMEDIES.— enactment of this Act. read as follows: ‘‘(1) DISTRICT COURTS.—The district courts TITLE VI—MEMORIAL, BURIAL, AND of the United States shall have jurisdiction— ‘‘§ 2413. Prohibition on certain demonstra- CEMETERY MATTERS ‘‘(A) to prevent and restrain violations of tions and disruptions at cemeteries under SEC. 601. PROHIBITION ON DISRUPTIONS OF FU- this section; and control of the National Cemetery Adminis- NERALS OF MEMBERS OR FORMER ‘‘(B) for the adjudication of any claims for tration and at Arlington National Cemetery MEMBERS OF THE ARMED FORCES. relief under this section. ‘‘(a) PROHIBITION.—It shall be unlawful for (a) PURPOSE AND AUTHORITY.— ‘‘(2) ATTORNEY GENERAL.—The Attorney any person— (1) PURPOSE.—The purpose of this section General may institute proceedings under ‘‘(1) to carry out a demonstration on the is to provide necessary and proper support this section. property of a cemetery under the control of for the recruitment and retention of the ‘‘(3) CLAIMS.—Any person, including a sur- the National Cemetery Administration or on Armed Forces and militia employed in the viving member of the deceased person’s im- the property of Arlington National Cemetery service of the United States by protecting mediate family, who suffers injury as a re- unless the demonstration has been approved the dignity of the service of the members of sult of conduct that violates this section by the cemetery superintendent or the direc- such Forces and militia, and by protecting may— tor of the property on which the cemetery is the privacy of their immediate family mem- ‘‘(A) sue therefor in any appropriate located; or bers and other attendees during funeral serv- United States district court or in any court ‘‘(2) with respect to such a cemetery, to en- ices for such members. of competent jurisdiction; and gage in a demonstration during the period (2) CONSTITUTIONAL AUTHORITY.—Congress ‘‘(B) recover damages as provided in sub- beginning 120 minutes before and ending 120 finds that this section is a necessary and section (d) and the cost of the suit, including minutes after a funeral, memorial service, or proper exercise of its powers under the Con- reasonable attorneys’ fees. ceremony is held, any part of which dem- stitution, article I, section 8, paragraphs 1, ‘‘(4) ESTOPPEL.—A final judgment or decree onstration— 12, 13, 14, 16, and 18, to provide for the com- rendered in favor of the United States in any ‘‘(A)(i) takes place within the boundaries mon defense, raise and support armies, pro- criminal proceeding brought by the United of such cemetery or takes place within 300 vide and maintain a navy, make rules for the States under this section shall estop the de- feet of the point of the intersection be- government and regulation of the land and fendant from denying the essential allega- tween— naval forces, and provide for organizing and tions of the criminal offense in any subse- ‘‘(I) the boundary of such cemetery; and governing such part of the militia as may be quent civil proceeding brought by a person ‘‘(II) a road, pathway, or other route of in- employed in the service of the United States. or by the United States. gress to or egress from such cemetery; and (b) AMENDMENT TO TITLE 18.—Section 1388 ‘‘(d) ACTUAL AND STATUTORY DAMAGES.— ‘‘(ii) includes any individual willfully mak- of title 18, United States Code, is amended to ‘‘(1) IN GENERAL.—In addition to any pen- ing or assisting in the making of any noise read as follows: alty imposed under subsection (b), a violator or diversion—

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11547 ‘‘(I) that is not part of such funeral, memo- ‘‘(2) impede or tend to impede the access to spect to the interment of an individual for rial service, or ceremony and that disturbs or egress from such funeral, memorial serv- whom a request for a reserved gravesite was or tends to disturb the peace or good order of ice, or ceremony. approved by the Secretary of the Army be- such funeral, memorial service, or ceremony; ‘‘(f) DEFINITIONS.—In this section— fore January 1, 1962. and ‘‘(1) the term ‘demonstration’ includes— (d) REPORT.— ‘‘(II) with the intent of disturbing the ‘‘(A) any picketing or similar conduct; (1) IN GENERAL.—Not later than 180 days peace or good order of such funeral, memo- ‘‘(B) any oration, speech, use of sound am- after the date of the enactment of this Act, rial service, or ceremony; or plification equipment or device, or similar the Secretary of the Army shall submit to ‘‘(B)(i) is within 500 feet of the boundary of conduct that is not part of a funeral, memo- Congress a report on reservations made for such cemetery; and rial service, or ceremony; interment at Arlington National Cemetery. ‘‘(ii) includes any individual— ‘‘(C) the display of any placard, banner, (2) ELEMENTS.—The report required by ‘‘(I) willfully and without proper author- flag, or similar device, unless such a display paragraph (1) shall include the following: ization impeding or tending to impede the is part of a funeral, memorial service, or (A) The number of requests for reservation access to or egress from such cemetery; and ceremony; and of a gravesite at Arlington National Ceme- ‘‘(II) with the intent to impede the access ‘‘(D) the distribution of any handbill, pam- tery that were submitted to the Secretary of to or egress from such cemetery. phlet, leaflet, or other written or printed the Army before January 1, 1962. ‘‘(b) PENALTY.—Any person who violates matter other than a program distributed as (B) The number of gravesites at such ceme- subsection (a) shall be fined under title 18 or part of a funeral, memorial service, or cere- tery that, on the day before the date of the imprisoned for not more than one year, or mony; and enactment of this Act, were reserved in re- both. ‘‘(2) the term ‘immediate family’ means, sponse to such requests. ‘‘(c) CIVIL REMEDIES.—(1) The district with respect to a person, the immediate fam- (C) The number of such gravesites that, on courts of the United States shall have juris- ily members of such person, as such term is the day before the date of the enactment of diction— defined in section 115 of title 18.’’. this Act, were unoccupied. ‘‘(A) to prevent and restrain violations of (2) CLERICAL AMENDMENT.—The table of (D) A list of all reservations for gravesites this section; and sections at the beginning of chapter 24 is at such cemetery that were extended by indi- ‘‘(B) for the adjudication of any claims for amended by striking the item relating to viduals responsible for management of such relief under this section. section 2413 and inserting the following new cemetery in response to requests for such ‘‘(2) The Attorney General of the United item: reservations made on or after January 1, States may institute proceedings under this 1962. ‘‘2413. Prohibition on certain demonstrations (E) A description of the measures that the section. and disruptions at cemeteries Secretary is taking to improve the account- ‘‘(3) Any person, including a surviving under control of the National ability and transparency of the management member of the deceased person’s immediate Cemetery Administration and of gravesite reservations at Arlington Na- family, who suffers injury as a result of con- at Arlington National Ceme- tional Cemetery. duct that violates this section may— tery.’’. (F) Such recommendations as the Sec- ‘‘(A) sue therefor in any appropriate SEC. 602. CODIFICATION OF PROHIBITION retary may have for legislative action as the United States district court or in any court AGAINST RESERVATION OF Secretary considers necessary to improve of competent jurisdiction; and GRAVESITES AT ARLINGTON NA- such accountability and transparency. ‘‘(B) recover damages as provided in sub- TIONAL CEMETERY. SEC. 603. EXPANSION OF ELIGIBILITY FOR PRESI- section (d) and the cost of the suit, including (a) IN GENERAL.—Chapter 24 is amended by DENTIAL MEMORIAL CERTIFICATES reasonable attorneys’ fees. inserting after section 2410 the following new TO PERSONS WHO DIED IN THE AC- ‘‘(4) A final judgment or decree rendered in section: TIVE MILITARY, NAVAL, OR AIR favor of the United States in any criminal ‘‘§ 2410A. Arlington National Cemetery: other SERVICE. proceeding brought by the United States administrative matters Section 112(a) is amended— under this section shall estop the defendant (1) by inserting ‘‘and persons who died in ‘‘(a) ONE GRAVESITE.—(1) Not more than from denying the essential allegations of the the active military, naval, or air service,’’ one gravesite may be provided at Arlington criminal offense in any subsequent civil pro- after ‘‘under honorable conditions,’’; and National Cemetery to a veteran or member ceeding brought by a person or by the United (2) by striking ‘‘veteran’s’’ and inserting of the Armed Forces who is eligible for inter- States. ‘‘deceased individual’s’’. ment or inurnment at such cemetery. ‘‘(d) ACTUAL AND STATUTORY DAMAGES.—(1) SEC. 604. REQUIREMENTS FOR THE PLACEMENT ‘‘(2) The Secretary of the Army may waive In addition to any penalty imposed under OF MONUMENTS IN ARLINGTON NA- the prohibition in paragraph (1) as the Sec- subsection (b), a violator of this section is TIONAL CEMETERY. retary of the Army considers appropriate. liable in an action under subsection (c) for Section 2409(b) is amended— ‘‘(b) PROHIBITION AGAINST RESERVATION OF actual or statutory damages as provided in (1) by striking ‘‘Under’’ and inserting ‘‘(1) GRAVESITES.—(1) A gravesite at Arlington this subsection. Under’’; National Cemetery may not be reserved for ‘‘(2) A person bringing an action under sub- (2) by inserting after ‘‘Secretary of the an individual before the death of such indi- section (c)(3) may elect, at any time before Army’’ the following: ‘‘and subject to para- vidual. final judgment is rendered, to recover the ac- graph (2)’’; and ‘‘(2)(A) The President may waive the prohi- tual damages suffered by him or her as a re- (3) by adding at the end the following new bition in paragraph (1) as the President con- sult of the violation or, instead of actual paragraphs: siders appropriate. ‘‘(2)(A) Except for a monument containing damages, an award of statutory damages for ‘‘(B) Upon waiving the prohibition in para- or marking interred remains, no monument each violation involved in the action. graph (1), the President shall submit notice (or similar structure, as determined by the ‘‘(3) In any action brought under sub- of such waiver to— Secretary of the Army in regulations) may section (c)(2), the Attorney General is enti- ‘‘(i) the Committee on Veterans’ Affairs be placed in Arlington National Cemetery tled to recover an award of statutory dam- and the Committee on Armed Services of the except pursuant to the provisions of this sub- ages for each violation involved in the action Senate; and section. notwithstanding any recovery under sub- ‘‘(ii) the Committee on Veterans’ Affairs ‘‘(B) A monument may be placed in Arling- section (c)(3). and the Committee on Armed Services of the ton National Cemetery if the monument ‘‘(4) A court may award, as the court con- House of Representatives.’’. commemorates— siders just, statutory damages in a sum of (b) CLERICAL AMENDMENT.—The table of ‘‘(i) the service in the Armed Forces of the not less than $25,000 or more than $50,000 per sections at the beginning of such chapter is individual, or group of individuals, whose violation. amended by inserting after the item relating memory is to be honored by the monument; ‘‘(e) REBUTTABLE PRESUMPTION.—It shall be to section 2410 the following new item: or a rebuttable presumption that the violation ‘‘(ii) a particular military event. of subsection (a) was committed willfully for ‘‘2410A. Arlington National Cemetery: other ‘‘(C) No monument may be placed in Ar- purposes of determining relief under this sec- administrative matters.’’. lington National Cemetery until the end of tion if the violator, or a person acting in (c) APPLICABILITY.— the 25-year period beginning— concert with the violator, did not have rea- (1) IN GENERAL.—Except as provided in ‘‘(i) in the case of the commemoration of sonable grounds to believe, either from the paragraph (2), section 2410A of title 38, service under subparagraph (B)(i), on the last attention or publicity sought by the violator United States Code, as added by subsection day of the period of service so commemo- or other circumstance, that the conduct of (a), shall apply with respect to all inter- rated; and such violator or person would not— ments at Arlington National Cemetery after ‘‘(ii) in the case of the commemoration of ‘‘(1) disturb or tend to disturb the peace or the date of the enactment of this Act. a particular military event under subpara- good order of such funeral, memorial service, (2) EXCEPTION.—Subsection (b) of such sec- graph (B)(ii), on the last day of the period of or ceremony; or tion, as so added, shall not apply with re- the event.

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‘‘(D) A monument may be placed only in (1) IN GENERAL.—Chapter 21 is amended by ‘‘(3)(A) Any real estate housing loan (other those sections of Arlington National Ceme- adding at the end the following new section: than for repairs, alterations, or improve- tery designated by the Secretary of the ‘‘§ 2109. Specially adapted housing destroyed ments) shall be secured by a first lien on the Army for such placement and only on land or damaged by natural disasters realty. In determining whether a loan is so the Secretary determines is not suitable for secured, the Secretary may either disregard ‘‘(a) IN GENERAL.—Notwithstanding the burial. provisions of section 2102 and 2102A of this or allow for subordination to a superior lien ‘‘(E) A monument may only be placed in created by a duly recorded covenant running title, the Secretary may provide assistance Arlington National Cemetery if an appro- with the realty in favor of either of the fol- to a veteran whose home was previously priate nongovernmental entity has agreed to lowing: adapted with assistance of a grant under this act as a sponsoring organization to coordi- ‘‘(i) A public entity that has provided or chapter in the event the adapted home which nate the placement of the monument and— will provide assistance in response to a was being used and occupied by the veteran ‘‘(i) the construction and placement of the major disaster as determined by the Presi- was destroyed or substantially damaged in a monument are paid for only using funds from dent under the Robert T. Stafford Disaster natural or other disaster, as determined by private sources; Relief and Emergency Assistance Act (42 the Secretary. ‘‘(ii) the Secretary of the Army consults U.S.C. 5121 et seq.). with the Commission of Fine Arts and the ‘‘(b) USE OF FUNDS.—Subject to subsection (c), assistance provided under subsection (a) ‘‘(ii) A private entity to secure an obliga- Advisory Committee on Arlington National tion to such entity for the homeowner’s Cemetery before approving the design of the shall— ‘‘(1) be available to acquire a suitable hous- share of the costs of the management, oper- monument; and ation, or maintenance of property, services, ‘‘(iii) the sponsoring organization provides ing unit with special fixtures or moveable fa- cilities made necessary by the veteran’s dis- or programs within and for the benefit of the for an independent study on the availability development or community in which the vet- and suitability of alternative locations for ability, and necessary land therefor; ‘‘(2) be available to a veteran to the same eran’s realty is located, if the Secretary de- the proposed monument outside of Arlington termines that the interests of the veteran National Cemetery. extent as if the veteran had not previously received assistance under this chapter; and borrower and of the Government will not be ‘‘(3)(A) The Secretary of the Army may prejudiced by the operation of such cov- waive the requirement under paragraph ‘‘(3) not be deducted from the maximum uses or from the maximum amount of assist- enant. (2)(C) in a case in which the monument ‘‘(B) With respect to any superior lien de- ance available under this chapter. would commemorate a group of individuals scribed in subparagraph (A) created after ‘‘(c) LIMITATIONS.—The amount of the as- who the Secretary determines— June 6, 1969, the Secretary’s determination sistance provided under subsection (a) may ‘‘(i) has made valuable contributions to the under clause (ii) of such subparagraph shall not exceed the lesser of— Armed Forces that have been ongoing and have been made prior to the recordation of ‘‘(1) the reasonable cost, as determined by perpetual for longer than 25 years and are ex- the covenant.’’. the Secretary, of repairing or replacing the pected to continue on indefinitely; and (e) AUTOMOBILES AND OTHER CONVEYANCES damaged or destroyed home in excess of the ‘‘(ii) has provided service that is of such a FOR CERTAIN DISABLED VETERANS AND MEM- available insurance coverage on such home; character that the failure to place a monu- BERS OF THE ARMED FORCES.—Section 3903(a) ment to the group in Arlington National or is amended— Cemetery would present a manifest injus- ‘‘(2) the maximum amount of assistance to (1) by striking ‘‘No’’ and inserting ‘‘(1) Ex- tice. which the veteran would have been entitled cept as provided in paragraph (2), no’’; and ‘‘(B) If the Secretary waives such require- under sections 2101(a), 2101(b), and 2102A of (2) by adding at the end the following new ment under subparagraph (A), the Secretary this title had the veteran not obtained pre- paragraph: shall— vious assistance under this chapter.’’. ‘‘(2) The Secretary may provide or assist in ‘‘(i) make available on an Internet website (2) CLERICAL AMENDMENT.—The table of providing an eligible person with a second notification of the waiver and the rationale sections at the beginning of such chapter is automobile or other conveyance under this for the waiver; and amended by inserting after the item relating chapter if— ‘‘(ii) submit to the Committee on Veterans’ to section 2108 the following new item: ‘‘(A) the Secretary receives satisfactory Affairs and the Committee on Armed Serv- ‘‘2109. Specially adapted housing destroyed evidence that the automobile or other con- ices of the Senate and the Committee on or damaged by natural disas- veyance previously purchased with assist- Veterans’ Affairs and the Committee on ters.’’. ance under this chapter was destroyed— Armed Services of the House of Representa- (b) EXTENSION OF SUBSISTENCE ALLOWANCE ‘‘(i) as a result of a natural or other dis- tives written notice of the waiver and the ra- FOR VETERANS COMPLETING VOCATIONAL RE- aster, as determined by the Secretary; and tionale for the waiver. HABILITATION PROGRAM.—Section 3108(a)(2) is ‘‘(ii) through no fault of the eligible per- ‘‘(4) The Secretary of the Army shall pro- amended— son; and vide notice to the Committee on Veterans’ (1) by inserting ‘‘(A)’’ before ‘‘In’’; and ‘‘(B) the eligible person does not otherwise Affairs and the Committee on Armed Serv- (2) by adding at the end the following new receive from a property insurer compensa- ices of the Senate and the Committee on subparagraph: tion for the loss.’’. Veterans’ Affairs and the Committee on ‘‘(B) In any case in which the Secretary de- (f) ANNUAL REPORT.— Armed Services of the House of Representa- termines that a veteran described in sub- (1) IN GENERAL.—Each year, the Secretary tives of any monument proposed to be placed paragraph (A) has been displaced as the re- of Veterans Affairs shall submit to Congress in Arlington National Cemetery. During the sult of a natural or other disaster while a report on the assistance provided or action 60-day period beginning on the date on which being paid a subsistence allowance under taken by the Secretary in the last fiscal year such notice is received, Congress may pass a that subparagraph, as determined by the pursuant to the authorities added by the joint resolution of disapproval of the place- Secretary, the Secretary may extend the amendments made by this section. ment of the monument. The proposed monu- payment of a subsistence allowance under (2) ELEMENTS.—Each report submitted ment may not be placed in Arlington Na- such subparagraph for up to an additional under paragraph (1) shall include the fol- tional Cemetery until the later of— two months while the veteran is satisfac- lowing for the fiscal year covered by the re- ‘‘(A) if Congress does not pass a joint reso- torily following a program of employment port: lution of disapproval of the placement of the services described in such subparagraph.’’. (A) A description of each natural disaster monument, the date that is 60 days after the (c) WAIVER OF LIMITATION ON PROGRAM OF for which assistance was provided or action date on which notice is received under this INDEPENDENT LIVING SERVICES AND ASSIST- was taken as described in paragraph (1). paragraph; or ANCE.—Section 3120(e) is amended— (B) The number of cases or individuals, as ‘‘(B) if Congress passes a joint resolution of (1) by inserting ‘‘(1)’’ before ‘‘Programs’’; the case may be, in which or to whom the disapproval of the placement of the monu- and Secretary provided assistance or took action ment, and the President signs a veto of such (2) by adding at the end the following new as described in paragraph (1). resolution, the earlier of— paragraph: (C) For each such case or individual, a de- ‘‘(i) the date on which either House of Con- ‘‘(2) The limitation in paragraph (1) shall scription of the type or amount of assistance gress votes and fails to override the veto of not apply in any case in which the Secretary or action taken, as the case may be. the President; or determines that a veteran described in sub- (g) EFFECTIVE DATE.—The amendments ‘‘(ii) the date that is 30 session days after section (b) has been displaced as the result made by this section shall take effect on the the date on which Congress received the veto of, or has otherwise been adversely affected date that is one year after the date of the en- and objections of the President.’’. in the areas covered by, a natural or other actment of this Act. TITLE VII—OTHER MATTERS disaster, as determined by the Secretary.’’. SEC. 702. EXTENSION OF CERTAIN EXPIRING SEC. 701. ASSISTANCE TO VETERANS AFFECTED (d) COVENANTS AND LIENS CREATED BY PUB- PROVISIONS OF LAW. BY NATURAL DISASTERS. LIC ENTITIES IN RESPONSE TO DISASTER-RE- (a) POOL OF MORTGAGE LOANS.—Section (a) ADDITIONAL GRANTS FOR DISABLED VET- LIEF ASSISTANCE.—Paragraph (3) of section 3720(h)(2) is amended by striking ‘‘December ERANS FOR SPECIALLY ADAPTED HOUSING.— 3703(d) is amended to read as follows: 31, 2011’’ and inserting ‘‘December 31, 2016’’.

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(b) LOAN FEES.—Section 3729(b)(2) is (2) in paragraph (1), as so designated— SEC. 708. PUBLICATION OF DATA ON EMPLOY- amended— (A) by inserting ‘‘willfully and inten- MENT OF CERTAIN VETERANS BY (1) in subparagraph (A)— tionally’’ before ‘‘misrepresented’’; and FEDERAL CONTRACTORS. (A) in clause (iii), by striking ‘‘October 1, (B) by striking ‘‘a reasonable period of Section 4212(d) is amended by adding at the 2016’’ and inserting ‘‘October 1, 2017’’; and time, as determined by the Secretary’’ and end the following new paragraph: (B) in clause (iv), by striking ‘‘October 1, inserting ‘‘a period of not less than five ‘‘(3) The Secretary of Labor shall establish 2016’’ and inserting ‘‘October 1, 2017’’; years’’; and and maintain an Internet website on which (2) in subparagraph (B)— (3) by adding at the end the following new the Secretary of Labor shall publicly dis- (A) in clause (i), by striking ‘‘October 1, paragraphs: close the information reported to the Sec- 2016’’ and inserting ‘‘October 1, 2017’’; and ‘‘(2) In the case of a debarment under para- retary of Labor by contractors under para- (B) in clause (ii), by striking ‘‘October 1, graph (1), the Secretary shall commence de- graph (1).’’. 2016’’ and inserting ‘‘October 1, 2017’’; barment action against the business concern SEC. 709. VETSTAR AWARD PROGRAM. (3) in subparagraph (C)— by not later than 30 days after determining (a) IN GENERAL.—Section 532 is amended— (A) in clause (i), by striking ‘‘October 1, that the concern willfully and intentionally (1) by striking ‘‘The Secretary may’’ and 2016’’ and inserting ‘‘October 1, 2017’’; and misrepresented the status of the concern as inserting ‘‘ (a) ADVERTISING IN NATIONAL (B) in clause (ii), by striking ‘‘October 1, described in paragraph (1) and shall complete MEDIA.—The Secretary may’’; and 2016’’ and inserting ‘‘October 1, 2017’’; and debarment actions against such concern by (2) by adding at the end the following new (4) in subparagraph (D)— not later than 90 days after such determina- subsection: (A) in clause (i), by striking ‘‘October 1, tion. ‘‘(b) VETSTAR AWARD PROGRAM.—(1) The 2016’’ and inserting ‘‘October 1, 2017’’; and ‘‘(3) The debarment of a business concern Secretary shall establish an award program, (B) in clause (ii), by striking ‘‘October 1, under paragraph (1) includes the debarment to be known as the ‘VetStar Award Pro- 2016’’ and inserting ‘‘October 1, 2017’’. of all principals in the business concern for a gram’, to recognize annually businesses for (c) TEMPORARY ADJUSTMENT OF MAXIMUM period of not less than five years.’’. their contributions to veterans’ employ- HOME LOAN GUARANTY AMOUNT.—Section 501 SEC. 707. QUARTERLY REPORTS TO CONGRESS ment. of the Veterans’ Benefits Improvement Act ON CONFERENCES SPONSORED BY ‘‘(2) The Secretary shall establish a process of 2008 (Public Law 110–389; 122 Stat. 4175; 38 THE DEPARTMENT. for the administration of the award program, U.S.C. 3703 note) is amended by striking ‘‘De- (a) IN GENERAL.—Subchapter I of chapter 5 including criteria for— cember 31, 2011’’ and inserting ‘‘December 31, is amended by adding at the end the fol- ‘‘(A) categories and sectors of businesses 2014’’. lowing new section: eligible for recognition each year; and SEC. 703. REQUIREMENT FOR PLAN FOR REG- ‘‘§ 517. Quarterly reports to Congress on con- ‘‘(B) objective measures to be used in se- ULAR ASSESSMENT OF EMPLOYEES ferences sponsored by the Department lecting businesses to receive the award.’’. OF VETERANS BENEFITS ADMINIS- (b) CLERICAL AMENDMENTS.— TRATION WHO HANDLE PROCESSING ‘‘(a) QUARTERLY REPORTS REQUIRED.—Not (1) SECTION HEADING.—The heading of such OF CLAIMS FOR COMPENSATION later than 30 days after the end of each fiscal section is amended by adding at the end the AND PENSION. quarter, the Secretary shall submit to the following: ‘‘; VetStar Award Program’’. Not later than 180 days after the date of Committee on Veterans’ Affairs of the Sen- (2) TABLE OF SECTIONS.—The table of sec- the enactment of this Act, the Secretary of ate and the Committee on Veterans’ Affairs tions at the beginning of chapter 5 is amend- Veterans Affairs shall submit to the Com- of the House of Representatives a report on ed by striking the item relating to section mittee on Veterans’ Affairs of the Senate covered conferences. 532 and inserting the following new item: and the Committee on Veterans’ Affairs of ‘‘(b) MATTERS INCLUDED.—Each report the House of Representatives a plan that de- under subsection (a) shall include the fol- ‘‘532. Authority to advertise in national scribes how the Secretary will— lowing: media; VetStar Award Pro- (1) regularly assess the skills and com- ‘‘(1) An accounting of the final costs to the gram.’’. petencies of appropriate employees and man- Department of each covered conference oc- SEC. 710. EXTENDED PERIOD OF PROTECTIONS agers of the Veterans Benefits Administra- curring during the fiscal quarter preceding FOR MEMBERS OF UNIFORMED tion who are responsible for processing the date on which the report is submitted, SERVICES RELATING TO MORT- claims for compensation and pension bene- including the costs related to— GAGES, MORTGAGE FORECLOSURE, AND EVICTION. fits administered by the Secretary; ‘‘(A) transportation and parking; (a) STAY OF PROCEEDINGS AND PERIOD OF (2) provide training to those employees ‘‘(B) per diem payments; ADJUSTMENT OF OBLIGATIONS RELATING TO whose skills and competencies are assessed ‘‘(C) lodging; REAL OR PERSONAL PROPERTY.—Section as unsatisfactory by the regular assessment ‘‘(D) rental of halls, auditoriums, or other 303(b) of the Servicemembers Civil Relief Act described in paragraph (1), to remediate defi- spaces; (50 U.S.C. App. 533(b)) is amended by striking ciencies in such skills and competencies; ‘‘(E) rental of equipment; ‘‘within 9 months’’ and inserting ‘‘within one (3) reassess the skills and competencies of ‘‘(F) refreshments; year’’. employees who receive training as described ‘‘(G) entertainment; (b) PERIOD OF RELIEF FROM SALE, FORE- in paragraph (2); and ‘‘(H) contractors; and CLOSURE, OR SEIZURE.—Section 303(c) of such (4) take appropriate personnel action if, ‘‘(I) brochures or other printed media. Act (50 U.S.C. App. 533(c)) is amended by following training and reassessment as de- ‘‘(2) The total estimated costs to the De- striking ‘‘within 9 months’’ and inserting scribed in paragraphs (2) and (3), respec- partment for covered conferences occurring ‘‘within one year’’. tively, skills and competencies remain un- during the fiscal quarter in which the report (c) EFFECTIVE DATE.—The amendments satisfactory. is submitted. made by subsections (a) and (b) shall take ef- SEC. 704. MODIFICATION OF PROVISION RELAT- ‘‘(c) COVERED CONFERENCE DEFINED.—In fect on the date that is 180 days after the ING TO REIMBURSEMENT RATE FOR this section, the term ‘covered conference’ date of the enactment of this Act. AMBULANCE SERVICES. means a conference, meeting, or other simi- (d) EXTENSION OF SUNSET.— Section 111(b)(3)(C) is amended by striking lar forum that is sponsored or co-sponsored (1) IN GENERAL.—The amendments made by ‘‘under subparagraph (B)’’ and inserting ‘‘to by the Department and is— subsections (a) and (b) shall expire on De- or from a Department facility’’. ‘‘(1) attended by 50 or more individuals, in- cember 31, 2014. SEC. 705. CHANGE IN COLLECTION AND cluding one or more employees of the De- (2) CONFORMING AMENDMENT.—Subsection VERIFICATION OF VETERAN IN- partment; or COME. (c) of section 2203 of the Housing and Eco- ‘‘(2) estimated to cost the Department at Section 1722(f)(1) is amended by striking nomic Recovery Act of 2008 (Public Law 110– least $20,000.’’. ‘‘the previous year’’ and inserting ‘‘the most 289; 50 U.S.C. App. 533 note) is amended to (b) CLERICAL AMENDMENT.—The table of recent year for which information is avail- read as follows: sections at the beginning of such chapter is able’’. ‘‘(c) EFFECTIVE DATE.—The amendments amended by adding after the item relating to SEC. 706. DEPARTMENT OF VETERANS AFFAIRS made by subsection (a) shall take effect on section 516 the following: ENFORCEMENT PENALTIES FOR MIS- the date of the enactment of this Act.’’. REPRESENTATION OF A BUSINESS ‘‘517. Quarterly reports to Congress on con- (3) REVIVAL.—Effective January 1, 2015, the CONCERN AS A SMALL BUSINESS ferences sponsored by the De- provisions of subsections (b) and (c) of sec- CONCERN OWNED AND CON- partment.’’. TROLLED BY VETERANS OR AS A tion 303 of the Servicemembers Civil Relief SMALL BUSINESS CONCERN OWNED (c) EFFECTIVE DATE.—Section 517 of title Act (50 U.S.C. App. 533), as in effect on July AND CONTROLLED BY SERVICE-DIS- 38, United States Code, as added by sub- 29, 2008, are hereby revived. ABLED VETERANS. section (a), shall take effect on October 1, (e) REPORT.— Subsection (g) of section 8127 is amended— 2012, and shall apply with respect to the first (1) IN GENERAL.—Not later than 540 days (1) by striking ‘‘Any business’’ and insert- quarter of fiscal year 2013 and each quarter after the date of the enactment of this Act, ing ‘‘(1) Any business’’; thereafter. the Comptroller General of the United States

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11550 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 shall submit to Congress a report on the pro- AUTHORITY FOR COMMITTEES TO tation be authorized to meet during tections provided under section 303 of such MEET the session of the Senate on July 18, Act (50 U.S.C. App 533) during the five-year COMMITTEE ON FINANCE 2012, at 3 p.m. in room 253 of the Rus- period ending on the date of the enactment sell Senate Office Building. of this Act. Mr. DURBIN. Mr. President, I ask The Committee will hold a hearing (2) ELEMENTS.—The report required by unanimous consent that the Com- paragraph (1) shall include, for the period de- mittee on Finance be authorized to entitled, ‘‘The Global Competitiveness scribed in such paragraph, the following: meet during the session of the Senate of the U.S. Aviation Industry: Address- (A) An assessment of the effects of such on July 18, 2012, at 9:30 a.m., in room ing Competition Issues to Main U.S. section on the long-term financial well-being 215 of the Dirksen Senate Office Build- Leadership in the Aerospace Market.’’ of servicemembers and their families. ing. The PRESIDING OFFICER. Without (B) The number of servicemembers who objection, it is so ordered. faced foreclosure during a 90-day period, 270- The PRESIDING OFFICER. Without SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- day period, or 365-day period beginning on objection, it is so ordered. AGEMENT, GOVERNMENT INFORMATION, FED- the date on which the servicemembers com- COMMITTEE ON FOREIGN RELATIONS ERAL SERVICES, AND INTERNATIONAL SECU- pleted a period of military service. Mr. DURBIN. Mr. President, I ask RITY (C) The number of servicemembers who ap- unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask plied for a stay or adjustment under sub- mittee on Foreign Relations be author- section (b) of such section. unanimous consent that the Com- (D) A description and assessment of the ef- ized to meet during the session of the mittee on Homeland Security and Gov- fect of applying for a stay or adjustment Senate on July 18, 2012 at 2:30 p.m. ernmental Affairs’ Subcommittee on under such subsection on the financial well- The PRESIDING OFFICER. Without Federal Financial Management, Gov- being of the servicemembers who applied for objection, it is so ordered. ernment Information, Federal Serv- such a stay or adjustment. COMMITTEE ON HOMELAND SECURITY AND ices, and International Security be au- (E) An assessment of the Secretary of De- GOVERNMENTAL AFFAIRS fense’s partnerships with public and private thorized to meet during the session of Mr. DURBIN. Mr. President, I ask the Senate on July 18, 2012, at 2:30 p.m. sector entities and recommendations on how unanimous consent that the Com- the Secretary should modify such partner- to conduct a hearing entitled, ‘‘Census: ships to improve financial education and mittee on Homeland Security and Gov- Planning Ahead for 2020.’’ counseling for servicemembers in order to ernmental Affairs be authorized to The PRESIDING OFFICER. Without assist them in achieving long-term financial meet during the session of the Senate objection, it is so ordered. stability. on July 18, 2012, at 9:30 a.m. to conduct SUBCOMMITTEE ON PRIVACY, TECHNOLOGY, AND (3) PERIOD OF MILITARY SERVICE AND SERV- a hearing entitled ‘‘Show Me the THE LAW ICEMEMBER DEFINED.—In this subsection, the Money: Improving the Transparency of Mr. DURBIN. Mr. President, I ask terms ‘‘period of military service’’ and ‘‘serv- Federal Spending.’’ unanimous consent that the Com- icemember’’ have the meanings given such The PRESIDING OFFICER. Without terms in section 101 of such Act (50 U.S.C. mittee on the Judiciary, Sub- objection, it is so ordered. App. 511). committee on Privacy, Technology, COMMITTEE ON THE JUDICIARY and the Law, be authorized to meet SA 2560 Mr. REID (for Mrs. MURRAY) Mr. DURBIN. Mr. President, I ask during the session of the Senate, on proposed an amendment to the bill unanimous consent that the Com- July 18, 2012, at 2:30 p.m., in room SD– H.R. 1627, to amend title 38, United mittee on the Judiciary be authorized 226 of the Dirksen Senate Office Build- states Code, to furnish hospital care to meet during the session of the Sen- ing, to conduct a hearing entitled and medical services to veterans who ate, on July 18, 2012, at 10 a.m., in room ‘‘What Facial Recognition Technology were stationed at Camp Lejeune, North SD–226 of the Dirksen Senate Office Means for Privacy and Civil Liberties.’’ Carolina, while the water was contami- Building, to conduct a hearing entitled The PRESIDING OFFICER. Without nated at Camp Lejeune, to improve the ‘‘Improving Forensic Science in the objection, it is so ordered. Criminal Justice System.’’ provision of housing assistance to vet- f erans and their families, and for other The PRESIDING OFFICER. Without purposes; as follows: objection, it is so ordered. PRIVILEGES OF THE FLOOR COMMITTEE ON VETERANS’ AFFAIRS Amend the title so as to read: ‘‘A bill to Mr. WICKER. Mr. President, I ask amend title 38, United States Code, to fur- Mr. DURBIN. Mr. President, I ask unanimous consent that LCDR Brian nish hospital care and medical services to unanimous consent that the Com- Amador, a Navy fellow in my Senate veterans who were stationed at Camp mittee on Veterans’ Affairs be author- office, be granted floor privileges for Lejeune, North Carolina, while the water ized to meet during the session on July the remainder of the time. was contaminated at Camp Lejeune, to im- 18, 2012. The Committee will meet in The PRESIDING OFFICER. Without prove the provision of housing assistance to room 418 of the Senate Russell Office objection, it is so ordered. veterans and their families, an for other pur- Building, beginning at 10 a.m. poses.’’. Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the following objection, it is so ordered. f staff of the Finance Committee be al- SPECIAL COMMITTEE ON AGING lowed on the Senate floor for the re- Mr. DURBIN. Mr. President, I ask mainder of the 112th Congress: Avital NOTICE OF HEARING unanimous consent that the Special Barnea, Amanda Bartmann, Harun COMMITTEE ON HEALTH, EDUCATION, LABOR, Committee on Aging be authorized to Dogo, Farrah Freis, Neil Pinney, and AND PENSIONS meet during the session of the Senate Christopher Tausanovitch. Mr. HARKIN. Mr. President, I wish to on July 18, 2012, at 2 p.m., in room 216 The ACTING PRESIDENT pro tem- announce that the Committee on of the Hart Senate Office Building to pore. Without objection, it is so or- Health, Education, Labor, and Pen- conduct a hearing entitled ‘‘Examining dered. sions will meet in open session on Medicare and Medicaid Coordination Mr. SESSIONS. Mr. President, I ask Thursday, July 19, 2012, at 10 a.m. in for Dual-Eligibles.’’ unanimous consent that my Defense room 430 of the Dirksen Senate Office The PRESIDING OFFICER. Without fellow, CDR Jeff Bennett, be granted Building to conduct a hearing entitled objection, it is so ordered. the privilege of the floor for debate on ‘‘Making College Affordability a Pri- SUBCOMMITTEE ON AVIATION OPERATIONS, sequestration and consideration of the ority: Promising Practices and Strate- SAFETY, AND SECURITY Defense authorization bill and the De- gies.’’ Mr. DURBIN. Mr. President, I ask fense appropriations bill. For further information regarding unanimous consent that the Sub- The PRESIDING OFFICER. Without this meeting, please contact Spiros committee on Aviation Operations, objection, it is so ordered. Protopsaltis of the committee staff on Safety, and Security of the Committee Mr. SANDERS. Mr. President, before (202) 224–5501. on Commerce, Science, and Transpor- I begin, on behalf of Senator MERKLEY,

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11551 I ask unanimous consent that privi- ing programs by expanding the eligi- solved and have had a gentleman’s leges of the floor be granted to the fol- bility for the VA’s specially adapted agreement to move the bill forward lowing member of my staff for the bal- housing assistance grants. today. ance of the day, Maya Arrieta Walden. These are some of the most disabled I wish to thank the Senator from The PRESIDING OFFICER. Without veterans in our Nation, and they de- South Carolina for his work and effort objection, it is so ordered. serve to be able to move about in their to get this bill passed. I know our vet- f homes freely and safely. erans and families across the Nation This bill will also help more veterans are waiting. HONORING AMERICA’S VETERANS use telehealth and telemedicine and I thank all our colleagues who have AND CARING FOR CAMP allow veterans to receive travel assist- worked so hard on this very critical LEJEUNE FAMILIES ACT OF 2012 ance for visits to our vet centers. These piece of legislation. Mr. REID. Mr. President, I ask unan- provisions will especially help our vet- I ask unanimous consent to have imous consent that the Veterans Af- erans in rural and highly rural areas to printed in the RECORD the Joint Ex- fairs Committee be discharged from access care from the VA. planatory Statement in relation to this further consideration of H.R. 1627. It will also improve the way the VA bill. The PRESIDING OFFICER. Without reimburses State veterans homes for There being no objection, the mate- objection, it is so ordered. the care of elderly, seriously disabled rial was ordered to be printed in the The clerk will report the bill by title. veterans. RECORD, as follows: The assistant bill clerk read as fol- I know every Member of the Senate JOINT EXPLANATORY STATEMENT FOR CERTAIN lows: has at least one State veterans home in PROVISIONS CONTAINED IN THE AMENDMENT A bill (H.R. 1627) to amend title 38, United their State. Without this change, some TO H.R. 1627, AS AMENDED States Code, to provide for certain require- of these homes may have to lay off The Amendment to H.R. 1627, as passed by ments for the placement of monuments in staffers or be unable to accept more the House on May 23, 2011, reflects a Com- Arlington National Cemetery, and for other veterans, so it is a very important pro- promise Agreement reached by the House purposes. vision of the bill. and Senate Committees on Veterans’ Affairs There being no objection, the Senate This legislation will also require im- (hereinafter, ‘‘the Committees’’) on provi- proceeded to consider the bill. portant policy changes to protect vet- sions within the following bills reported dur- Mrs. MURRAY. Mr. President, as erans from sexual assault and other ing the 112th Congress: H.R. 1627; S. 277; S. chairman of the Committee on Vet- 914; S. 951; H.R. 802; H.R. 1484; H.R. 2074; H.R. threats in the VA’s inpatient mental 2302; H.R. 2349; H.R. 2433; H.R. 4299; and sev- erans’ Affairs, I am pleased to speak in health units and homeless programs. eral free-standing provisions. support of the Honoring America’s Vet- Finally, we all know veterans con- S. 277, as amended, was reported favorably erans and Caring for Camp Lejeune tinue to find themselves waiting en- out of the Senate Committee on August 1, Families Act of 2012. tirely too long for a decision on their 2011; S. 914, as amended, was reported favor- I thank my colleagues from the Vet- claims. This legislation will address ably out of the Senate Committee on Octo- erans’ Committee for their continuous the claims backlog by providing the ber 11, 2011; and S. 951, as amended, was re- support of our Nation’s veterans—espe- VA with the ability to process appeals ported favorably out of the Senate Com- cially my ranking member Senator mittee on July 18, 2011 (hereinafter, ‘‘Senate much more quickly and by supporting Bills’’). H.R. 802, as amended, passed the BURR of North Carolina, for his stead- the VA’s transformation to a paperless House on June 1, 2011; H.R. 1484, as amended, fast advocacy of the government’s re- system. It will also make other needed passed the House on May 31, 2011; H.R. 2074, sponsibility to provide health care for improvements to the claims system, as amended, passed the House on October 11, the veterans and family members sta- such as ensuring surviving spouses re- 2011; H.R. 2302, as amended, passed the House tioned at Camp Lejeune. ceive proper and timely benefit pay- on October 11, 2011; H.R. 2349, as amended, In addition, I thank Representatives ments. passed the House on October 11, 2011; and JEFF MILLER and BOB FILNER, the Above all, this bill fulfill’s the re- H.R. 2433, as amended, passed the House on October 12, 2011 (hereinafter, ‘‘House Bills’’). chairman and ranking Member of the sponsibility this Nation has to provide The Committees have prepared the fol- House Committee on Veterans’ Affairs, care and service to our veterans and lowing explanation of certain provisions con- for their hard work in developing this their families. In the case of those fam- tained in the amendment to H.R. 1627, as bipartisan, bicameral, and fully paid- ilies who spent time at Camp Lejeune, amended, to reflect a Compromise Agree- for legislation. this bill gives sick veterans and their ment between the Committees. Differences With the passage of the Honoring families the benefit of the doubt their between the provisions contained in the America’s Veterans and Caring for illness or condition was caused by the Compromise Agreement and the related pro- Camp Lejeune Families Act of 2012, water at Camp Lejeune so they can fi- visions of the House Bills and the Senate Bills are noted in this document, except for military families affected by contami- nally get the health care they need. clerical corrections, conforming changes nated water at Camp Lejeune, NC, This is something Congress has done made necessary by the Compromise Agree- would have the health care they need. before. When an illness or condition ment, and minor drafting, technical, and These families have waited for dec- comes about after a veteran’s service clarifying changes. ades to get the assistance they need, and any relationship between the vet- TITLE I—HEALTH CARE MATTERS and they should not be forced to wait eran’s current illness and their service HOSPITAL CARE AND MEDICAL SERVICES FOR any longer. is not readily apparent, the burden of VETERANS STATIONED AT CAMP LEJEUNE, The legislation would also allow the proving the illness is a result of one’s NORTH CAROLINA VA to continue a number of programs service can be insurmountable. In such Current Law that are so critical to helping veterans circumstances, we have presumed a In a few specific instances, Congress has who have no place to call home. veteran’s exposure caused their current acted to provide benefits and health care to Currently, the VA can only provide condition and got them the help they veterans who may have been exposed to envi- emergency shelter to veterans who are needed. We have lived up to the respon- ronmental hazards during their military diagnosed with a serious mental ill- sibility we owed them, which is in the service. On a few occasions, Congress has ex- ness. But we all know not all homeless core of this bill. tended health care and benefits to the chil- dren of servicemembers and veterans based veterans are mentally ill. Yet the VA Many veterans and their families are on a concern that they were born more sus- is currently prevented from offering waiting for the passage of this bill. Our ceptible to certain diseases or conditions be- these critical services to all our vet- House colleagues are ready and willing cause of a parent’s exposure to an in-service erans. to move this forward quickly as well. environmental hazard. The Honoring America’s Veterans We did have one concern from the Sen- Senate Bill and Caring for Camp Lejeune Families ator from South Carolina, Mr. DEMINT. S. 277, as amended, would provide health Act of 2012 would also make much We had a very productive conversation, care benefits through the Department of needed improvements to the VA’s hous- and we now have that language re- Veterans Affairs (hereinafter, ‘‘VA’’ or ‘‘the

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11552 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 Department’’), starting in fiscal year (here- Compromise Agreement ology developed in consultation with State inafter, ‘‘FY’’) 2013, to certain veterans for Section 103 of the Compromise Agreement homes, to pay for nursing home care pro- any illness that is attributable to the con- reflects the Senate Bill. The Committees ex- vided to certain veterans with service-con- taminated drinking water on Camp Lejeune. pect that, despite the loss of copayments, nected disabilities, and would apply to care The bill would provide health care benefits the resulting reduction in hospitalizations provided on or after January 1, 2012. to spouses and dependents of veterans for and in the length of stay per hospitalization House Bill conditions associated with exposure to the will allow VA to deliver health care to vet- Section 3 of H.R. 2074, as amended, con- contaminated drinking water on Camp erans in a substantially more efficient and tains a similar provision. Lejeune. The bill would also direct the Sec- cost-effective manner. In addition to this Compromise Agreement retary of the Department of Defense (herein- cost avoidance, veterans’ quality of life Section 105 of the Compromise Agreement after, ‘‘DOD’’) to transfer funds to VA to should increase through more effective man- generally reflects this provision except the cover the costs of the health care provided to agement of chronic medical conditions and Compromise Agreement adjusts the effective these veterans and their families. In order to reduced time spent in medical facilities. pay for the increase in funding for providing date from January 1, 2012, to the date 180 health care to veterans and their families, TEMPORARY EXPANSION OF PAYMENTS AND AL- days after the date of enactment. The Com- the bill would decrease DOD spending by LOWANCES FOR BENEFICIARY TRAVEL IN CON- promise Agreement also includes a provision consolidating its commissaries and ex- NECTION WITH VETERANS RECEIVING CARE that would require VA, at the request of a changes. FROM VET CENTERS State home, to offer to enter into a contract House Bill Current Law or agreement that replicates the reimburse- The House Bills contain no similar provi- Section 111 of title 38, U.S.C., authorizes ment methodology that was in effect on the sion. VA to reimburse beneficiaries for travel to day before enactment. The Committees note that State homes are Compromise Agreement VA facilities in connection with care, sub- ject to certain restrictions, at a rate of 41.5 significantly under compensated by the cur- Section 102 of the Compromise Agreement cents per mile. rent reimbursement framework. VA has been would provide health care benefits through Senate Bill aware of and actively assisting with the de- VA to certain veterans and family members velopment of these provisions. The Commit- Section 103 of S. 914, as reported, would who lived aboard Camp Lejeune during the tees expect VA to make the negotiation and clarify that VA is authorized to pay travel period the drinking water was contaminated execution of these contracts a top priority— benefits to veterans receiving care at Vet and have certain illnesses or conditions. VA and further expect that no State home will Centers pursuant to existing authority under would reimburse family members for health be without a contract on the date that this section 111(a) of title 38, U.S.C. It would also care services provided under this section as a provision goes into effect. This includes the require VA to submit a report to Congress, final payer to other third party health care immediate development of the contract lan- no later than one year after the enactment plans. Similar to the treatment, under cur- guage required under subsection (c)(2) of this rent law, of other exposures, such as Agent of the Senate Bill, on the feasibility and ad- section of the Compromise Agreement. Orange and toxins from the Gulf War, the visability of paying travel benefits to vet- The Committees further expect that VA Compromise Agreement includes language erans receiving care at Vet Centers. Finally, and the State homes will negotiate equitably that health care may not be provided to vet- this section of the Senate Bill would author- and agree upon several elements of all con- erans or family members if that illness or ize such sums as may be necessary be appro- tracts or agreements under this section. condition is found by VA to have resulted priated for the Department to pay such ex- First, that reimbursement will be not only from a reason other than residence of the penses and allowances for the one-year pe- adequate but will also reflect the reasonable family aboard Camp Lejeune. The Com- riod following the enactment of the Senate cost of care provided. Second, that the serv- promise Agreement directs VA to report an- Bill. ices for which VA will make reimbursement nually on the number of veterans and family House Bill will be mutually acceptable. Finally, that members who were provided hospital care The House Bills contain no similar provi- the contracts will provide appropriately for and medical services under the Compromise sion. updating, revising, or renegotiating the con- Agreement; the illnesses, conditions, and dis- tracts as payment rates or other cir- abilities for which care and services were Compromise Agreement cumstances change. provided under the Compromise Agreement; Section 104 of the Compromise Agreement the number of veterans and family members reflects the Senate Bill with a modification COMPREHENSIVE POLICY ON REPORTING AND who applied for care and services under the to limit the authority to a temporary three- TRACKING SEXUAL ASSAULT INCIDENTS AND Compromise Agreement but were subse- year expansion, and a modification that OTHER SAFETY INCIDENTS quently denied (including information on the would limit eligibility for reimbursement Current Law reasons for denial); and the number of vet- under the temporary expansion to only vet- There is no similar provision in current erans and family members who applied for erans who live in highly rural areas. The law. care and services and are awaiting a decision Committees note that Vet Centers offer val- Senate Bill from VA. uable services to veterans but those services The Committees understand that it may are inaccessible to some veterans living in The Senate Bills contain no similar provi- take VA some time to implement this sec- highly rural areas. For instance, an eligible sion. tion; however, the Committees anticipate individual living in Glasgow, Montana has to House Bill the process should be executed as expedi- travel five hours each way to receive care at Section 2 of H.R. 2074, as amended, would tiously as possible to enable eligible vet- the nearest Vet Center, which is located in amend chapter 17 of title 38, U.S.C., to re- erans and their family members to receive Billings, Montana. Another example is an el- quire VA to develop, by March 1, 2012, a com- needed care and medical services. igible individual living in Liberal, Kansas prehensive policy on sexual assault and AUTHORITY TO WAIVE COLLECTION OF COPAY- has to travel four hours each way to receive other safety incidents to include the: (1) de- MENTS FOR TELEHEALTH AND TELEMEDICINE care at the nearest Vet Center, which is lo- velopment of clear and comprehensive cri- VISITS OF VETERANS cated in Wichita, Kansas. teria with respect to the reporting of sexual Current Law CONTRACTS AND AGREEMENTS FOR NURSING assault incidents and other safety incidents Pursuant to section 1710(g) of title 38, HOME CARE for both clinical personnel and law enforce- United States Code (hereinafter, ‘‘U.S.C.’’), Current Law ment personnel; (2) establishment of an ac- VA is required to collect copayments from countable oversight system within VA to re- Section 1745(a)(1) of title 38, U.S.C., re- port and track sexual assault incidents for veterans, who are not otherwise exempted quires VA to pay the cost of nursing home from such copayments under section 1710(a) all alleged or suspected forms of abuse and care in a State home to veterans in need of unsafe acts; (3) systematic information shar- of title 38, U.S.C., for medical services pro- such care due to a service-connected dis- vided by VA. ing of reported sexual assault incidents, and ability or with a service-connected disability a centralized reporting, tracking, and moni- Senate Bill rated at 70 percent or greater. Section toring system to ensure each case is fully in- Section 101 of S. 914, as reported, would 1745(a)(2) establishes such cost as the lesser vestigated and victims receive appropriate amend subchapter III of chapter 17 of title 38, of either a prevailing rate determined by VA treatment; (4) use of specific ‘‘risk assess- U.S.C., by adding a new section 1722B. The or the actual cost of care in a State home. ment tools’’ to examine any danger related new section would authorize VA to waive Section 1745(a)(3) establishes that such pay- to sexual assault that a veteran may pose collections of copayments from veterans for ment shall constitute payment in full. while being treated, including clear guidance the utilization of telehealth or telemedicine. Senate Bill on the collection of information relating to House Bill Section 109 of S. 914, as reported, would re- the legal history of the veteran; (5) manda- The House Bills contain no similar provi- quire VA to enter into contracts or agree- tory training of employees on safety aware- sion. ments with State homes, based on a method- ness and security; and (6) establishment of

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11553 physical security precautions including ap- Section 102(c) of the Senate Bill would re- research into issues affecting rural veterans; propriate surveillance and panic alarm sys- quire VA to modify the Veterans Equitable working with all Department personnel and tems that are operable and regularly tested. Resource Allocation (hereinafter, ‘‘VERA’’) offices to develop, refine, and promulgate This section of the House Bill would also re- system to include teleconsultation, teleret- policies, best practices, lessons learned, and quire VA to report to the Committees on the inal imaging, telemedicine, and telehealth successful programs to improve care and development of the policy not later than 30 coordination services. VA would also be re- services for rural veterans; designating a days after enactment, and to report on the quired to assess, within one year of modi- rural health coordinator within each Vet- implementation of such policy not later than fying the VERA system, the effect on the erans Integrated Service Network; and per- 60 days after it is put in place and not later utilization of telehealth technologies and de- forming other duties as appropriate. than October 1 of each subsequent year. termine whether additional incentives are Senate Bill Compromise Agreement necessary to promote their utilization. VA Section 106(a) of S. 914, as reported, would would also be required to include telemedi- Section 106 of the Compromise Agreement create a new section 7330B in title 38, U.S.C., cine visits when calculating facility work- generally reflects the House Bill but it modi- which would require VA, acting through the load. fies the date the comprehensive policy is re- Director of the Office of Rural Health, to es- quired to be in place from March 1, 2012, to House Bill tablish and operate centers of excellence for September 30, 2012. The Compromise Agree- The House Bills contain no comparable rural health research, education, and clinical ment also requires VA, in developing the provision. activities. Those centers would be required to perform comprehensive policy and risk assessment Compromise Agreement tools, to consider the effects on veterans’ use one or more of the following functions: col- Section 108 of the Compromise Agreement of mental health and substance abuse treat- laborate with the Veterans Health Adminis- reflects subsections (a) and (b) of the Senate ments, and the ability of VA to refer vet- tration’s Office of Research and Develop- Bill with a modification to specify that the erans to such services. ment on rural health research; develop spe- implementation of the teleconsultation pro- cific models for the Department to furnish REHABILITATIVE SERVICES FOR VETERANS WITH gram does not preclude the referral of vet- care to rural veterans; develop innovative TRAUMATIC BRAIN INJURY erans to third-party providers under VA’s ex- clinical activities and systems of care for Current Law isting fee-basis or contracting authority. rural veterans; and provide education and Sections 1710C and 1710D of title 38, U.S.C., USE OF SERVICE DOGS ON PROPERTY OF THE training on rural health issues for health direct VA to provide comprehensive care in DEPARTMENT OF VETERANS AFFAIRS care professionals. accordance with individualized rehabilita- Current Law Section 106(b) of the Senate Bill would fur- tion plans to veterans with traumatic brain ther amend title 38, U.S.C., by adding a new Section 901 of title 38 authorizes VA to pre- injury (hereinafter, ‘‘TBI’’). Although these subsection (d) to section 7308, which would scribe rules to govern conduct on Depart- sections of law do not provide a definition of codify the existence and describe the pur- ment property, which is defined as land and the word ‘‘rehabilitation,’’ the phrase ‘‘reha- poses of rural health resource centers. Rural buildings under the Department’s jurisdic- bilitative services’’ is defined in section health resource centers would be required to tion and not under the control of the Admin- 1701(8) of title 38, U.S.C., for VA health-care work to improve the Office of Rural Health’s istrator of General Services. Section 1714(c) purposes as professional, counseling, and understanding of challenges faced by rural of title 38, U.S.C., authorizes VA to provide guidance services and treatment programs veterans, identify disparities in the avail- service dogs to veterans who, in order of that are necessary to restore, to the max- ability of health care to rural veterans, cre- precedence, are hearing impaired, have spi- imum extent possible, the physical, mental, ate programs to enhance the delivery of nal cord injuries, or are mentally ill. and psychological functioning of an ill or health care to rural veterans, and develop disabled person. Senate Bill best practices and products for VA to use in Senate Bill Section 104 of S. 914, as reported, would providing services to rural veterans. amend section 1714 of title 38, U.S.C., by add- Finally, section 106(c) of the Senate Bill Section 105 of S. 914, as reported, would ing a new subsection (e), which would require would designate the VA Medical Center amend section 1710C of title 38, U.S.C., to in- VA to admit full access to all service ani- (hereinafter, ‘‘VAMC’’) in Fargo, North Da- clude (1) the goal of maximizing the individ- mals accompanying individuals at every VA kota, as a center of excellence for rural ual’s independence, and (2) improving such facility according to the same regulations health research, education, and clinical ac- veteran’s behavioral functioning. Section 105 that govern the admission of the public to tivities. would also require the inclusion of rehabili- such facilities. The provision would apply tative services in (1) a VA comprehensive House Bill not only to service dogs as provided for in program of long-term care for veterans with The House Bills contain no similar provi- section 1714(c) of title 38, U.S.C., but would TBI, and (2) cooperative agreements for the sion. also include trained service animals that ac- use of non-VA facilities for veterans’ reha- Compromise Agreement company individuals with disabilities not bilitation from TBI within a program of indi- specified by that subsection. Further, VA Section 110 of the Compromise Agreement vidualized rehabilitation and reintegration would be authorized to prohibit service ani- reflects section 106(b) of the Senate Bill. plans for veterans with TBI. mals from roaming or running free and to re- IMPROVEMENTS FOR RECOVERY AND COLLECTION House Bill quire the animals to wear harnesses or OF AMOUNTS FOR DEPARTMENT OF VETERANS Section 4 of H.R. 2074, as amended, con- leashes and be under the control of an indi- AFFAIRS MEDICAL CARE COLLECTIONS FUND tains a similar provision. vidual at all times while at a Department Current Law Compromise Agreement owned or funded facility. Section 1729A of title 38, U.S.C., creates Section 107 of the Compromise Agreement House Bill within the Treasury the VA Medical Care contains this provision. Section 5 of H.R. 2074, as amended, would Collections Fund (hereinafter, ‘‘MCCF’’) in which amounts recovered or collected under TELECONSULTATION AND TELEMEDICINE amend section 901 of title 38, U.S.C., by add- ing a new subsection (f), which would pro- several VA collections authorities are to be Current Law hibit VA from refusing to allow the use of deposited. There is no similar provision in current service dogs in any facility or on any prop- Senate Bill law. erty owned or funded by the Department. Section 111 of S. 914, as reported, would re- Senate Bill Compromise Agreement quire VA to develop and implement, within Section 102(a) of S. 914, as reported, would Section 109 of the Compromise Agreement 180 days of enactment of the Senate Bill, a amend subchapter I of chapter 17 of title 38, reflects the House Bill with a modification plan to ensure accurate and full collections U.S.C., by adding a new section 1709, which to specify that the provision applies only to by the VA health care system, pursuant to would require VA to create a system for con- service dogs that have been trained by enti- existing authorities for billing and collec- sultation and assessment of mental health, ties that have been accredited for such work tions. The amounts collected would be re- TBI, and other conditions through telecon- by an appropriate accrediting entity. quired to be deposited in the MCCF. This sultation when a VA medical facility is un- provision would further require the following RECOGNITION OF RURAL HEALTH RESOURCE able to do so independently. elements to be included in the plan: an effec- CENTERS IN OFFICE OF RURAL HEALTH Section 102(b) of the Senate Bill would re- tive process to identify billable fee claims, quire VA to offer opportunities for training Current Law effective and practicable policies and proce- in telemedicine to medical residents in fa- Section 7308 of title 38, U.S.C., establishes dures to ensure billing and collection using cilities that have and utilize telemedicine, the Office of Rural Health within the Office current authorities, training of employees consistent with medical residency program of the Under Secretary for Health and sets responsible for billing or collection of funds standards established by the Accreditation the functions of such Office as: conducting, to enable them to comply with the provi- Council for Graduate Medical Education. coordinating, promoting, and disseminating sions of this section, fee revenue goals for

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11554 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 the Department, and an effective monitoring loss of use, of both lower extremities to the total service-connected disability due to system to ensure the Department meets fee degree that locomotion without the aid of blindness in both eyes has to have visual revenue goals and complies with such poli- braces, crutches, canes or a wheelchair is acuity of 5/200 or less in order to qualify for cies and procedures. precluded; or B) a disability due to blindness certain adaptive housing assistance grants. House Bill in both eyes, having light perception plus According to the National Eye Institute, visual acuity is defined as the eye’s ability The House Bills contain no similar provi- the loss, or loss of use, of one lower extrem- to distinguish object details and shape with sion. ity; or C) a disability due to loss, or loss of use, of one lower extremity with residuals of good contrast, using the smallest identifi- Compromise Agreement organic disease or the loss, or loss of use, of able object that can be seen at a specified Section 111 of the Compromise Agreement one upper extremity that affects balance or distance. It is measured by use of an eye reflects the Senate Bill. propulsion to preclude locomotion without chart and recorded as test distance/target EXTENSION OF AUTHORITY FOR COPAYMENTS the aid of braces, crutches, canes or a wheel- size. Visual acuity of 5/200 means that an in- Current Law chair; or D) a disability due to the loss, or dividual must be 5 feet away from an eye In relevant part, section 1710(f)(2) of title loss of use, of both upper extremities such as chart to see a letter that an individual with 38, U.S.C., states that a veteran who is fur- to preclude use of the arms at or above the normal vision could see from 200 feet. While VA had used the 5/200 or less stand- nished hospital care or nursing home care elbows; or E) a disability due to a severe ard of visual acuity for blindness over the under this section and who is required to burn injury, is entitled to grant assistance last several decades, a consensus definition agree to pay a designated amount to the for housing adaptations. of what constitutes ‘‘legal blindness’’ has United States in order to be furnished such Senate Bill emerged. The Senate Bills contain no comparable care, shall be liable to the United States for This consensus definition is the statutory provision. an amount equal to the lesser of the cost of definition used for the Social Security dis- furnishing such care, the amount determined House Bill ability insurance program and the Supple- under paragraph (3) of the section, or $10 for The House Bills contain no similar provi- mental Security Income program and is less every day the veteran receives hospital care sion. stringent than VA’s standard, encompassing and $5 for every day the veteran receives Compromise Agreement individuals with lesser degrees of vision im- nursing home care, before September 30, 2012. Section 201 of the Compromise Agreement pairment. The American Medical Associa- Senate Bill would temporarily add certain severe inju- tion has espoused this definition since 1934 The Senate Bills contain no similar provi- ries and dismemberment disabilities that af- and defines blindness as a ‘‘central visual sion. fect ambulation to the eligibility criteria for acuity of 20/200 or less in the better eye with House Bill the specially adapted housing program under corrective glasses, or central visual acuity of The House Bills contain no similar provi- section 2101(a) of title 38, U.S.C., for those more than 20/200 if there is a visual field de- sion. veterans 1) who served on or after September fect in which the peripheral field is con- tracted to such an extent that the widest di- Compromise Agreement 11, 2001, and 2) became permanently disabled on or after that same date. This expansion of ameter of the visual field subtends an angu- The Compromise Agreement amends sec- authority would expire on September 30, lar distance no greater than 20 degrees in the tion 1710(f)(2)(B) of title 38, U.S.C., by ex- 2013, and require that VA receive grant appli- better eye.’’ tending the date of liability from before Sep- cations prior to that date in order to receive Recognizing this consensus definition, tember 30, 2012, to before September 30, 2013. consideration. Public Law (hereinafter, ‘‘P.L.’’) 110–157, the EXTENSION OF AUTHORITY FOR RECOVERY OF Because of advances in medical tech- Dr. James Allen Veteran Vision Equity Act COST OF CERTAIN CARE AND SERVICES nology, many individuals are surviving trau- of 2007, amended the criteria for receiving Current Law matic events which past generations of mili- special monthly compensation to allow vet- In relevant part, section 1729(a)(2)(E) of tary personnel were not able to survive. erans who are very severely disabled as the title 38, U.S.C., provides that, in any case in However, as a result of these traumatic result of blindness, and other severe disabil- which a veteran is furnished care or services events, these individuals are left with spe- ities, to be eligible to receive a higher rate of under chapter 17 of such title for a non-serv- cific types of physical losses and injuries disability compensation if their visual acu- ice-connected disability, the United States which often affect their ability to ambulate ity in both eyes is 20/200 or less. has the right to recover or collect reasonable without assistance. For example, some indi- Senate Bill charges for such care or services (as deter- viduals are returning from the current con- Section 306 of S. 914, as reported, would mined by VA) from a third party to the ex- flicts with varying degrees of impairment amend section 2101(b) of title 38, U.S.C., by tent that the veteran (or the provider of the that impact mobility due to the loss or loss requiring central visual acuity of 20/200 or care or services) would be eligible to receive of use of one limb, such as a single above the less in the better eye with the use of a stand- payment for such care or services furnished knee amputation. ard correcting lens. It also provides that an before October 1, 2012, from such third party The Committee intends that this provision eye with a limitation in the fields of vision if the care or services had not been furnished assist those individuals with balance prob- such that the widest diameter of the visual by a department or agency of the United lems resulting from traumatic injuries that field subtends an angle no greater than 20 de- States. affect their ability to ambulate. The Com- grees shall be considered as having a central mittees believe that there are numerous visual acuity of 20/200 or less. Senate Bill home adaptations available which would House Bill The Senate Bills contain no similar provi- maximize physical abilities and enhance the sion. quality of life for individuals with these The House Bills contain no similar provi- House Bill types of injuries. While these individuals sion. The House Bills contain no similar provi- would clearly benefit from home adapta- Compromise Agreement sion. tions, VA cannot assist these individuals Section 202 of the Compromise Agreement reflects the Senate Bill. Compromise Agreement with home modifications because of existing statutory limitations. Changes to these pro- REVISED LIMITATIONS ON ASSISTANCE FUR- Section 113 of the Compromise Agreement visions are necessary in order for VA to be NISHED FOR ACQUISITION AND ADAPTATION OF amends section 1729(a)(2)(E) of title 38, responsive to the growing numbers of these HOUSING FOR DISABLED VETERANS U.S.C., by extending the date of liability different types of injuries. Current Law from before October 1, 2012, to before October Some of these adaptations include: adding Since 1948, VA has provided adaptive hous- 1, 2013. a new bathroom or adapting existing bath- ing assistance grants to eligible individuals TITLE II—HOUSING MATTERS room fixtures with features such as grab who have certain service-connected disabil- TEMPORARY EXPANSION OF ELIGIBILITY FOR bars, bath transfer benches, or high-rise toi- ities to construct an adapted home or modify SPECIALLY ADAPTED HOUSING ASSISTANCE lets; providing non-slip flooring for balance- an existing home to accommodate their dis- FOR CERTAIN VETERANS WITH DISABILITIES related issues; and installing special kitchen abilities. Today, VA provides adaptive hous- CAUSING DIFFICULTY WITH AMBULATING and laundry appliances (with locations and ing assistance primarily through two pro- controls in optimal reach zone) to address Current Law grams—Specially Adapted Housing (herein- safety issues. Section 2101(a) of title 38, U.S.C., provides after, ‘‘SAH’’) and Special Home Adaptation VA with the authority to assist disabled vet- EXPANSION OF ELIGIBILITY FOR SPECIALLY (hereinafter, ‘‘SHA’’). Both programs are erans in acquiring suitable housing with spe- ADAPTED HOUSING ASSISTANCE FOR VET- codified under chapter 21 of title 38, U.S.C. cial fixtures or movable facilities made nec- ERANS WITH VISION IMPAIRMENT The SAH grant program provides financial essary by the veteran’s disability. Current Law assistance to veterans and servicemembers Under section 2101(a)(2), a permanently and Under current law, section 2101(b) of title who are entitled to compensation for perma- totally disabled veteran who has A) loss, or 38, U.S.C., a veteran with a permanent and nent and total service-connected disability

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11555 due to the loss or loss of use of multiple ing adaptive housing assistance grants, erans are not eligible for the VA home loan limbs, blindness and limb loss, or a severe known as TRA grants, to include eligible in- guaranty benefit administered by VA. burn injury. Eligible individuals may receive dividuals temporarily living in a home Senate Bill up to three SAH grants totaling no more owned by a family member. The benefit was The Senate Bills contain no similar provi- than 50 percent of the cost of a specially extended to active duty servicemembers sion. adapted house, up to the aggregate max- with the passage of P.L. 110–289, the Housing House Bill imum amount for FY 2011 of $63,780. This and Economic Recovery Act of 2008. amount is adjusted annually based on a cost- Under current law, section 2102A of title 38, Section 502 of H.R. 2433, as amended, would of-construction index. Grants may be used to U.S.C., the TRA grant program allows vet- amend section 3701(b) of title 38, U.S.C., to extend eligibility for the VA Home Loan construct a house or remodel an existing erans and servicemembers eligible under the guaranty benefit to surviving spouses of vet- house, or they may be applied against the SAH and SHA programs to use up to $14,000 erans whose deaths were not service-con- unpaid principal mortgage balance of a spe- and $2,000, respectively, to modify a family nected, but who had service-connected dis- cially adapted house. The SHA grant pro- member’s home. The TRA grant program is abilities that were permanent and total for gram, which is similar to SAH but is for in- scheduled to expire on December 31, 2012. at least 10 years immediately preceding their dividuals with other disabilities, may be Section 101 of P.L. 109–233 also required the deaths. used for slightly different purposes and can- GAO to submit a report to Congress on VA’s not exceed $12,756 during FY 2011. This implementation of the TRA grant program. Compromise Agreement amount is also adjusted annually based on a The interim report, ‘‘Veterans Affairs: Im- Section 205 of the Compromise Agreement cost-of-construction index. plementation of Temporary Residence Adap- reflects the House Bill. P.L. 109–233, the Veterans’ Housing Oppor- tation Grants’’ (GAO–09–637R), and the final OCCUPANCY OF PROPERTY BY DEPENDENT CHILD tunity and Benefits Improvement Act of 2006, report, ‘‘Opportunities Exist to Improve Po- OF VETERAN FOR PURPOSES OF MEETING OC- authorized VA to expand its previously exist- tential Recipients’ Awareness of the Tem- CUPANCY REQUIREMENT FOR DEPARTMENT OF ing adaptive housing assistance grants to in- porary Residence Adaptation Grant’’ (GAO– VETERANS AFFAIRS HOUSING LOANS clude eligible individuals temporarily living 10–786) (hereinafter, ‘‘GAO Reports’’), both Current Law in a home owned by a family member. The noted limited participation in the TRA pro- Current law, section 3704(c)(2) of title 38, Temporary Residence Adaptation (herein- gram. The interim report examined a num- U.S.C., states that, ‘‘[i]n any case in which a after, ‘‘TRA’’) benefit, codified at section ber of reasons for the low usage, and noted veteran is in active-duty status as a member 2102A of title 38, U.S.C., allows veterans to that veterans often choose to wait to take of the Armed Forces and is unable to occupy apply for a grant to adapt the home of a fam- advantage of benefits to adapt their own a property because of such status, the occu- ily member with whom they are temporarily home because the TRA grant counts against pancy requirements [for purposes of obtain- residing. The benefit was extended to active the overall amount available to an indi- ing a VA-backed home loan] shall be consid- duty servicemembers with the passage of vidual under the SAH or SHA grant program. ered to be satisfied if the spouse of the vet- P.L. 110–289, the Housing and Economic Re- One of the potential solutions GAO identified eran occupies the property . . . and the covery Act of 2008. The TRA grant program was to increase the maximum benefit avail- spouse makes the certification required by enables veterans and servicemembers eligi- able under SAH and SHA. paragraph (1) of this subsection.’’ Under cur- ble under the SAH and SHA programs to use Senate Bill rent law, a single veteran with a dependent up to $14,000 and $2,000, respectively, to mod- Section 305 of S. 914, as reported, would child is disqualified from obtaining a VA- ify a family member’s home. amend section 2102A of title 38, U.S.C., by in- backed home loan if he or she is on active- Under current law, section 2102(d) of title creasing the amount of assistance available duty status, because he or she does not have 38, U.S.C., each TRA grant counts as one of for individuals with permanent and total a spouse to satisfy occupancy requirements. the three grants allowed under either SAH or service-connected disabilities that meet the Senate Bill SHA. TRA grants also count toward the criteria of section 2101(a)(2) of title 38, Section 303 of S. 914, as reported, would add maximum allowable FY 2011 amount of U.S.C., from $14,000 to $28,000. It would in- to section 3704(c)(2) a provision allowing a $63,780 under SAH and $12,756 under SHA. crease the amount of assistance available for veteran’s dependent child who occupies, or The Government Accountability Office’s individuals with permanent and total serv- will occupy, the property as a home to sat- (hereinafter, ‘‘GAO’’) congressionally man- ice-connected disabilities that meet the cri- isfy the occupancy requirements. To qualify dated reports on the TRA grant program teria of section 2101(b)(2) of title 38, U.S.C., them for a VA-backed home loan, the vet- noted the limited participation in the TRA from $2,000 to $5,000. eran’s attorney-in-fact or a legal guardian of program. GAO found that one of the reasons It would add a new paragraph to section the veteran’s dependent child must make the for the low usage was that veterans often 2102A that would provide for automatic an- certification required by section 3704(c)(1) of choose to wait to take advantage of benefits nual adjustments to the maximum grant title 38. to adapt their own home because the TRA amounts, based on a cost-of-construction grant amount counts against the overall House Bill index already in effect for other SAH and amount available to an individual under the The House Bills contain no similar provi- SHA grants authorized under chapter 21 of SAH or SHA grant programs. One potential sion. title 38, U.S.C. Finally, the Senate bill would solution GAO identified would be no longer Compromise Agreement amend section 2102A of title 38, U.S.C., by ex- counting TRA grants against the maximum tending VA’s authority to provide assistance Section 206 of the Compromise Agreement funds available under SAH and SHA. under the TRA grant program until Decem- reflects the Senate Bill. The Committees be- Senate Bill ber 31, 2021. lieve this provision would allow single-par- ent veterans performing active-duty service Section 307 of S. 914, as reported, would House Bill amend section 2102(d) of title 38 to exclude to obtain a VA-guaranteed home loan in sit- Section 2 of H.R. 4299 would amend section the TRA grant from the aggregate limita- uations where a veteran’s dependent child 2102A of title 38, U.S.C., by striking ‘‘Decem- tions on assistance furnished to an eligible will be occupying the home with an approved ber 31, 2012’’ and inserting ‘‘December 31, veteran or servicemember pursuant to sec- guardian. The Committees also intend that 2014.’’ tion 2102 of title 38, U.S.C. TRA grants would this provision apply to situations where vet- no longer be counted against the maximum Compromise Agreement erans, married to each other, are both de- funds available under SAH and SHA grants. Section 204 of the Compromise Agreement ployed. MAKING PERMANENT PROJECT FOR GUARAN- House Bill generally follows the Senate Bill except the authority to provide TRA grants is extended TEEING OF ADJUSTABLE RATE MORTGAGES The House Bills contain no similar provi- to 2022. Current law sion. DEPARTMENT OF VETERANS AFFAIRS HOUSING Section 3707(a) of title 38, U.S.C., author- Compromise Agreement LOAN GUARANTEES FOR SURVIVING SPOUSES izes the guaranty of adjustable rate mort- Section 203 of the Compromise Agreement OF CERTAIN TOTALLY DISABLED VETERANS gages for veterans. The authority for VA to reflects the Senate Bill. The Committees be- Current Law guaranty such mortgages is set to expire at lieve this change would increase participa- the end of FY 2012. VA currently provides that surviving tion in the TRA grant program. House Bill spouses of veterans whose deaths were not IMPROVEMENTS TO ASSISTANCE FOR DISABLED service-connected, but who had service-con- Section 501 of H.R. 2433, as amended, would VETERANS RESIDING IN HOUSING OWNED BY A nected disabilities that were permanent and amend section 3707(a) to reauthorize the ad- FAMILY MEMBER total for at least 10 years immediately pre- justable rate mortgages until the end of FY Current Law ceding their deaths, are eligible to receive a 2014. P.L. 109–233, the Veterans’ Housing Oppor- monthly dependency and indemnity com- Senate Bill tunity and Benefits Improvement Act of 2006, pensation (hereinafter, ‘‘DIC’’) payment from The Senate Bills contain no similar provi- authorized VA to expand its previously exist- VA. However, surviving spouses of such vet- sion.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11556 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 Compromise Agreement Senate Bill ment cannot deny a grant on the basis that Section 207 of the Compromise Agreement The Senate Bills contain no similar provi- the entity proposes to use funding from would make this authority permanent. sion. other public or private sources, including en- tities that are Low-Income Housing Tax MAKING PERMANENT PROJECT FOR INSURING House Bill Credit recipients controlled by eligible non- HYBRID ADJUSTABLE RATE MORTGAGES The House Bills contain no similar provi- profits. This provision also would require sion. Current law VA, a year after enactment, to complete a Section 3707A(a) of title 38, U.S.C., author- Compromise Agreement study on grant and per diem payment meth- izes the guaranty of hybrid adjustable rate Section 210 of the Compromise Agreement ods within the comprehensive service grant mortgages for veterans. The authority for would reauthorize VA’s EUL authority until and per diem programs, and issue a report to VA to guaranty such mortgages is set to ex- December 31, 2023. The Compromise Agree- Congress on the findings therein. pire at the end of FY 2012. ment also would make several changes to House Bill House Bill VA’s authority, including permitting EULs only for the purpose of creating programs to The House Bills contain no similar provi- Section 501 of H.R. 2433, as amended, would sion. amend section 3707A(a) to reauthorize hybrid assist veterans who are homeless or at risk adjustable rate mortgages until the end of of homelessness, requiring VA to receive ap- Compromise Agreement proval for future EULs from the Office of FY 2014. Section 301 of the Compromise Agreement Management and Budget, prohibiting VA reflects the Senate Bill. Senate Bill from receiving any type of in-kind consider- The Senate Bills contain no similar provi- ation for leased property, and forbidding fed- MODIFICATION OF AUTHORITY FOR PROVISION OF sion. eral entities from leasing property from a TREATMENT AND REHABILITATION TO CERTAIN Compromise Agreement lessee when that property is already subject VETERANS TO INCLUDE PROVISION OF TREAT- Section 208 of the Compromise Agreement to an EUL. MENT AND REHABILITATION TO HOMELESS would make this authority permanent. The Compromise Agreement also would re- VETERANS WHO ARE NOT SERIOUSLY MEN- quire a report to Congress 120 days after en- TALLY ILL WAIVER OF LOAN FEE FOR INDIVIDUALS WITH actment and annually thereafter, and in- Current Law DISABILITY RATINGS ISSUED DURING PRE-DIS- clude the key changes made to the adminis- CHARGE PROGRAMS tration of the program to address defi- Section 2031 of title 38, U.S.C., authorizes Current Law ciencies identified by VA’s Office of Inspec- VA to provide outreach services, care, treat- Under current law, section 3729(c) of title tor General in a February 29, 2012, report ti- ment, rehabilitative services, and certain 38, U.S.C., a housing loan fee may not be col- tled ‘‘Audit of the Enhanced-Use Lease Pro- therapeutic transitional housing assistance lected if a veteran is rated eligible to receive gram.’’ The Committees note, with signifi- to veterans suffering from serious mental ill- compensation as a result of a pre-discharge cant concern, the findings of the Office of In- ness, including such veterans who are also VA disability examination and rating. The spector General and expect VA to ensure homeless. time period between pre-discharge ratings substantial improvements are made to the Senate Bill and release from active-duty service can be management of the EUL program. Section 203 of S. 914, as reported, would quite long. During that time, many disabled TITLE III—HOMELESS MATTERS modify the authority for the provision of servicemembers utilize their VA home loan ENHANCEMENT OF COMPREHENSIVE SERVICE treatment, rehabilitation, and other services benefit. Under current law, servicemembers PROGRAMS to certain veterans to include the provision who are rated eligible to receive compensa- Current Law of such services to homeless veterans who tion solely as the result of a pre-discharge are not seriously mentally ill. review of existing medical evidence and not Section 2011 of title 38, U.S.C., sets forth as the result of a VA examination are re- the authority, criteria, and requirements for House Bill quired to pay the housing loan fees until VA’s grant program. The law requires VA to The House Bills contain no similar provi- they have been discharged or released from establish criteria and requirements for sion. active duty. grants awarded under this section. Eligible entities for these grants are restricted to Compromise Agreement Senate Bill public or nonprofit private entities with the Section 302 of the Compromise Agreement Section 304 of S. 914, as reported, would capacity to administer these grants effec- reflects the Senate Bill. amend section 3729(c) of title 38, U.S.C., by tively who demonstrate that adequate finan- MODIFICATION OF GRANT PROGRAM FOR adding a provision that waives the collection cial support will be available to carry out HOMELESS VETERANS WITH SPECIAL NEEDS of housing loan fees from a servicemember the project for which the grant is sought rated eligible to receive compensation based consistent with the plans, specifications, and Current Law on a pre-discharge review of existing medical schedule submitted by the applicant. An eli- Section 2061 of title 38, U.S.C., authorizes evidence that results in the issuance of a gible entity must also agree to meet, as well VA to operate a grant program for homeless memorandum rating. as have the capacity to meet, the applicable veterans with special needs. Section 2061(b) House Bill criteria and requirements established by VA. defines homeless veterans with special needs The House Bills contain no similar provi- Subsection (b) specifies the kinds of projects as: 1) women, including women who have sion. for which the grants are available, including care of minor dependents; 2) frail elderly; 3) Compromise Agreement the expansion, remodeling, and alteration of terminally ill; or 4) chronically mentally ill. existing buildings. Subsection (c) of this sec- Senate Bill Section 209 of the Compromise Agreement tion stipulates that funds may not be used to reflects the Senate Bill. The Committees be- support operation costs and may not exceed Section 202 of S. 914, as reported, would in- lieve this provision would ensure that all 65 percent of the estimated cost of the clude male homeless veterans with minor de- servicemembers eligible to receive com- project concerned. In addition, the grants pendents as an additional population with pensation as the result of a pre-discharge may not be used to support operational costs special needs for the purpose of receiving per program are eligible for the housing loan fee and the amount of the grant may not exceed diem payments to provide services. It would waiver, regardless of whether the eligibility 65 percent of the estimated cost of the also authorize recipients of special needs was the result of an examination or a review project concerned. grants to provide services directly to a de- of existing evidence. Section 2012 of title 38, U.S.C., sets forth pendent of a homeless veteran with special MODIFICATION OF AUTHORITIES FOR ENHANCED- the authority for VA’s per diem program. needs who is under the care of such veteran USE LEASES OF REAL PROPERTY The law requires VA to provide to recipients while receiving services from the grant re- Current Law of grants under section 2011 of title 38, cipient. Section 202 also authorizes the pro- vision of grants to entities that are eligible Subchapter V of chapter 81 of title 38, U.S.C., per diem payments for services fur- for, but not currently in receipt of, funding U.S.C., provides VA with authority to enter nished to any homeless veteran whom VA under VA’s Comprehensive Service Pro- into enhanced-use leases (hereinafter, has referred to the grant recipient or author- grams. ‘‘EULs’’). EULs allow VA to lease underuti- ized the provision of services. The per diem lized real property to third-parties, so long rate is defined as the estimated daily cost of House Bill as it will be used for a purpose that com- care, not in excess of the per diem rate for VA’s State Home Per Diem Program. The House Bills contain no similar provi- plements the mission of VA. VA was per- sion. mitted to accept monetary or in-kind consid- Senate Bill eration for EULs and to spend any money Section 201 of S. 914, as reported, would au- Compromise Agreement collected on medical care via the MCCF. thorize grant funds to be used for new con- Section 303 of the Compromise Agreement This authority expired on December 31, 2011. struction and stipulates that the Depart- reflects the Senate Bill.

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COLLABORATON IN PROVISION OF CASE MANAGE- $250 million for the comprehensive service other educational assistance programs listed MENT SERVICES TO HOMELESS VETERANS IN programs for homeless veterans in FY 2012. at section 3695 of title 38, U.S.C., would be SUPPORTED HOUSING PROGRAM Section 206 of S. 914, as reported, would ex- capped at 81 months. Current Law tend through FY 2012 the existing $50 million Section 702 would also revive a period of entitlement to education benefits in situa- The Housing and Urban Development-Vet- authorization of appropriations for HVRP. tions where such benefits were reduced by erans Affairs Supportive Housing Program Section 207 of S. 914, as reported, would au- the 48–month limitation. The maximum pe- (hereinafter, ‘‘HUD–VASH’’) is a cooperative thorize the appropriation of $100 million for riod of assistance for individuals with re- partnership between HUD and VA that pro- financial assistance for supportive services vived benefits would also be capped at 81 vides long-term case management, sup- for very low-income veteran families in per- months. portive services, and permanent housing sup- manent housing in FY 2012. port for eligible homeless veterans. Section Section 208 of S. 914, as reported, would au- House Bill 2003(b) of title 38, U.S.C., requires VA to en- thorize the appropriation of $5 million for The House Bills contain no similar provi- sure that there are adequate case managers the grant program for homeless veterans sion. available for veterans who receive section 8 with special needs in FY 2012. Compromise Agreement vouchers under the HUD–VASH program. House Bill Section 401 of the Compromise Agreement Senate Bill The House Bills contain no similar provi- reflects the Senate Bill. Section 209 of S. 914, as reported, would re- sion. ANNUAL REPORTS ON POST–9/11 EDUCATIONAL quire VA to consider entering into contracts Compromise Agreement ASSISTANCE PROGRAM AND SURVIVORS’ AND or agreements with State or local govern- Section 305 of the Compromise Agreement DEPENDENTS’ EDUCATIONAL ASSISTANCE PRO- ments, tribal organizations, or nonprofit or- would increase the authorization of appro- GRAM ganizations to collaborate in the provision of priations to $250 million for comprehensive Current Law case management services to veterans in the Under section 3036 of title 38, U.S.C., DOD supported housing program. service programs for homeless veterans in Section 209 of S. 914, as reported, also FY 2013 and $150 million for every fiscal year and VA, both bi-annually report to Congress would require a report to Congress 545 days after and including FY 2014. on the effectiveness of the Montgomery GI after enactment and not less frequently than Section 305 of the Compromise Agreement Bill (hereinafter, ‘‘MGIB’’) Program in meet- once each year thereafter. This report would would extend through FY 2013 the existing ing the statutory objectives of the program. include, but would not be limited to, a de- $50 million authorization of appropriations Senate Bill scription of any consideration to contract for HVRP. The Senate Bills contain no similar provi- for case management; a description of the Section 305 of the Compromise Agreement sion. entities with whom VA entered into con- would authorize the appropriation of $300 House Bill million for financial assistance for sup- tracts; a description of the veterans served Section 504 of H.R. 2433, as amended, would via contract; an assessment of contract per- portive services for very low-income veteran require DOD and VA to annually submit to formance; and recommendations for legisla- families in permanent housing in FY 2013. Congress reports on the effectiveness of the tive or administrative action for the im- Section 305 of the Compromise Agreement Post–9/11 GI Bill. The section would require provement of collaboration in the provision would authorize the appropriation of $5 mil- DOD’s report to measure what effect the of case management services under the HUD– lion for the grant program for homeless vet- level of GI Bill benefits has on DOD’s ability VASH program. erans with special needs in FY 2013. to recruit and maintain qualified active-duty House Bill TITLE IV—EDUCATION MATTERS personnel. This section would also require The House Bills contain no similar provi- AGGREGATE AMOUNT OF EDUCATIONAL ASSIST- VA to report on the level of utilization of sion. ANCE AVAILABLE TO INDIVIDUALS WHO RE- benefits under all education programs ad- Compromise Agreement CEIVE BOTH SURVIVORS’ AND DEPENDENTS’ ministered by VA, the number of credit Section 304 of the Compromise Agreement EDUCATIONAL ASSISTANCE AND OTHER VET- hours, certificates, degrees, and other quali- generally reflects the Senate Bill with the ERANS AND RELATED EDUCATIONAL ASSIST- fications earned by students under the GI addition of technical changes in subsection ANCE Bill, and VA’s recommendations on ways to (b) that ensure veterans who meet eligibility improve the benefit for servicemembers, vet- Current Law erans, and their dependents. This section criteria when entering the program and who Under chapter 35 of title 38, U.S.C., certain are receiving case management from a con- also repeals section 3036 of title 38, U.S.C., survivors and dependents of individuals who which requires the current biennially report tract provider can continue to receive case die or are disabled while on active duty are management from that same entity after on the MGIB program. eligible for educational assistance benefits. they are placed into housing. Compromise Agreement Section 3511(a)(1) provides that each eligible Section 402 of the Compromise Agreement EXTENSIONS OF PREVIOUSLY FULLY-FUNDED person is entitled to the equivalent of 45 AUTHORITIES AFFECTING HOMELESS VETERANS generally reflects the House Bill with some months of full-time benefits. minor modifications. With the advent of the Current Law P.L. 110–252, the Post–9/11 Veterans Edu- Post–9/11 GI Bill, and the resulting reduction Under section 2013 of title 38, U.S.C., funds cational Assistance Act of 2008, codified at in the participation in the MGIB, the Com- are authorized to be appropriated for com- chapter 33 of title 38, established a new pro- mittees believe it is time to refocus this re- prehensive service programs for homeless gram of educational assistance for individ- port on the Post–9/11 GI Bill. veterans. $250 million is authorized to be ap- uals who served on active duty after Sep- The Compromise Agreement provides VA propriated for the program in FY 2012, but tember 11, 2001. This Act established a pro- increased flexibility in determining what ad- only $150 million is authorized to be appro- gram of educational assistance in which in- ditional type of data on student outcomes priated for FY 2013. dividuals may earn up to a maximum of 36 can be included in the report and specifies Under section 2021 of title 38, U.S.C., $50 months of full-time benefits. that the first reports are due by November 1, million is authorized to be appropriated for Further, under section 3695 of title 38, 2013. the Homeless Veterans Reintegration Pro- U.S.C., an individual who is eligible for as- The Committees believe that, with the sig- gram (hereinafter, ‘‘HVRP’’) for FY 2012. sistance under two or more specific edu- nificant investment, estimated to be as There are no funds authorized to be appro- cational programs may not receive in excess much as $60 to $80 billion over the first 10 priated for this program in FY 2013. of the equivalent of 48 months of full-time years, Congress needs to be able to deter- Under section 2044 of title 38, U.S.C., $100 benefits. This means that an eligible sur- mine whether provisions of the Post–9/11 GI million is authorized to be appropriated in vivor or dependent who is entitled to receive Bill are meeting their intended outcomes. FY 2012 for financial assistance for sup- education benefits under the chapter 35 pro- portive services for very low-income veteran TITLE V—BENEFITS MATTERS gram, who uses all 45 months of those bene- families in permanent housing. There are no AUTOMATIC WAIVER OF AGENCY OF ORIGINAL funds authorized to be appropriated for this fits to obtain a college education, and who JURISDICTION REVIEW OF NEW EVIDENCE program in FY 2013. subsequently decides to enter the military, Current Law would only be able to earn the equivalent of Under section 2061 of title 38, U.S.C., $5 Current law precludes the Board of Vet- three months of benefits under P.L. 110–252. million is authorized to be appropriated an- erans’ Appeals (hereinafter, ‘‘Board’’) initial nually for the grant program for homeless Senate Bill consideration of evidence submitted in con- veterans with special needs between FY 2007 Section 702 of S. 914, as reported, would nection with a claim, unless the claimant and FY 2012. There are no funds authorized amend section 3695 of title 38, U.S.C., to pro- waives the right to initial consideration by to be appropriated for this program in FY vide that an individual entitled to benefits the Agency of Original Jurisdiction (herein- 2013. under chapter 35 will not be subject to the after, ‘‘AOJ’’). Evidence first must be consid- Senate Bill 48–month limitation. However, the maximum ered by the AOJ in order to preserve a claim- Section 201 of S. 914, as reported, would in- aggregate period of benefits an individual ant’s statutory right under section 7104 of crease the authorization of appropriations to may receive under chapter 35 and certain title 38, U.S.C., to one review on appeal.

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11558 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 Senate Bill This provision also would amend section 5105 contribute to the claims backlog. The first is Section 404 of S. 914, as reported, would so that any form indicating an intent to that, in many cases, VA is forced to take a amend section 7105 of title 38, U.S.C., by cre- apply for survivor benefits would be deemed redundant step of producing the exact same ating a new subsection, (e), to incorporate an an application for both DIC and Social Secu- notice it has already provided to the veteran, automatic waiver of the right to initial con- rity benefits. This is intended to codify VA’s which increases the processing time without sideration of certain evidence by the AOJ. practice under which any indication of in- affecting the outcome of the claim. The sec- The evidence subject to the waiver is evi- tent to apply for Social Security survivor ond issue is that the notices provided by VA dence in connection with the issue or issues benefits also is treated as an application for must be in writing and mailed through the with which disagreement has been expressed, VA DIC benefits. postal system. Because it is not authorized and which is submitted by the claimant, or House Bill to do so, VA cannot utilize the speed and ef- his or her representative, to the AOJ or the The House Bills contain no similar provi- ficiency provided by electronic mail, even if Board concurrently with or after the filing of sion. that were the claimant’s preferred method of communication regarding the claim. This re- a substantive appeal. Such evidence would be Compromise Agreement subject to initial consideration by the Board, striction of VA’s means of communication Section 503 of the Compromise Agreement unless the appellant or his or her representa- prevents it from utilizing a widely-used and reflects the Senate Bill. tive requests, in writing, that the AOJ ini- accepted form of efficient and timely cor- tially consider the evidence. The request AUTHORIZATION OF USE OF ELECTRONIC COMMU- respondence. Section 4 of H.R. 2349, as would be required to be submitted with the NICATION TO PROVIDE NOTICE TO CLAIMANTS amended, directly addresses those inefficien- evidence. These changes would take effect FOR BENEFITS UNDER LAWS ADMINISTERED BY cies. 180 days after enactment and apply with re- THE SECRETARY OF VETERANS AFFAIRS Section 4 of H.R. 2349, as amended, also au- spect to claims for which a substantive ap- Current Law thorizes VA to waive the requirements for peal is filed on or after that date. Section 5103 of title 38, U.S.C., requires VA issuing a VCAA notice when ‘‘the Secretary House Bill to issue a notice to claimants of further evi- may award the maximum benefit in accord- ance with this title based on the evidence of Section 2 of H.R. 1484 would direct the dence needed to substantiate a claim, re- ferred to as a VCAA notice because of its re- record.’’ This provision will eliminate delays Board to consider evidence submitted by a that occur when a VCAA notice would be claimant after a substantive appeal has been quirement under the Veterans Claims Assist- ance Act of 2000. Section 5103 further re- sent in connection with claims for which VA filed unless the claimant elects to have the will award a benefit, and when such notice evidence considered first by the AOJ. quires VA to issue a separate written notice to claimants upon receipt of any subsequent has little likelihood of leading to a higher Compromise Agreement claim, regardless of whether the information level of benefit. This section contains no re- Section 501 of the Compromise Agreement contained is different from any prior notices quirement limiting correspondence to elec- reflects the language of the Senate Bill. issued. The VCAA notice also outlines VA’s tronic mail. AUTHORITY FOR CERTAIN PERSONS TO SIGN duty to assist the claimant in obtaining evi- Compromise Agreement CLAIMS FILED WITH SECRETARY OF VETERANS dence, including what steps VA will take, Section 504 of the Compromise Agreement AFFAIRS ON BEHALF OF CLAIMANTS and explains the role the claimant can play generally follows the House’s position with a Current Law to ensure all relevant evidence is submitted minor change in the language of paragraph Under current law, section 5101 of title 38, for consideration. The VCAA notice explains (5)(B) of H.R. 2349. The House-passed lan- U.S.C., VA lacks specific authority to au- how a disability rating and effective date guage in paragraph (5)(B) reads ‘‘For pur- thorize a court-appointed representative or will be determined, and each VCAA notice poses of this paragraph, the term ‘maximum caregiver to sign an application form allow- contains a VCAA Notice Response Form, benefit’ means the highest evaluation assign- ing the adjudication of the claim to proceed. which identifies the date of claim and pro- able in accordance with the evidence of vides a brief explanation regarding the sub- record, as long as such evaluation is sup- Senate Bill mission of any additional information or evi- ported by such evidence of record at the time Section 704 of S. 914, as reported, would au- dence. the decision is rendered.’’ Per the Com- thorize certain individuals to sign claims Senate Bill promise Agreement, this language is changed filed with VA on behalf of claimants who are to ‘‘For purposes of this paragraph, the term under age 18, are mentally incompetent, or The Senate Bills contain no similar provi- sion. ‘maximum benefit’ means the highest eval- are physically unable to sign a form. uation assignable in accordance with the evi- House Bill House Bill dence of record, as long as such evidence is The House Bills contain no similar provi- Section 4 of H.R. 2349, as amended, would adequate for rating purposes and sufficient sion. remove the requirement that the VCAA no- to grant the earliest possible effective date tice be sent only after receipt of a claim, Compromise Agreement in accordance with section 5110 of this title.’’ thereby allowing VA to put notice on claims This revised definition of ‘‘maximum ben- Section 502 of the Compromise Agreement application forms as is currently done with efit’’ clarifies that VA must have evidence generally follows the Senate Bill but with the Department’s 526–EZ form for Fully De- that is sufficient to meet all aspects of the the addition of a new section, veloped Claims (hereinafter, ‘‘FDCs’’). VA rating schedule for each condition. 502(a)(2)(A)(iii), in order to clarify that if a must ensure that veterans are adequately in- DUTY TO ASSIST CLAIMANTS IN OBTAINING person signs a form on behalf of a claimant, formed about their right to submit an infor- PRIVATE RECORDS the claimant’s social security number must mal claim for the purpose of establishing an be submitted in addition to the social secu- earlier effective date in rewriting new appli- Current Law rity number or tax identification number of cation forms. Such information is currently Section 5103A of title 38, U.S.C., outlines the individual signing the form on behalf of included on the 526–EZ form for those filing VA’s duty to assist claimants in obtaining the claimant. under the FDC program, and it should simi- evidence needed to substantiate a claim. IMPROVEMENT OF PROCESS FOR FILING JOINTLY larly be included for those submitting stand- Under current law, VA must make ‘‘reason- FOR SOCIAL SECURITY AND DEPENDENCY AND ard non-FDC forms to ensure that veterans able efforts’’ to obtain private medical INDEMNITY COMPENSATION do not lose any benefit. records on behalf of a claimant who ade- Current Law Section 4 of H.R. 2349, as amended, author- quately identifies and authorizes VA to ob- izes VA to use the most effective means tain them. What constitutes a ‘‘reasonable Under current law, section 5105 of title 38, available for communication, including elec- effort’’ by VA to obtain private medical U.S.C., VA and the Social Security Adminis- tronic or written communication, and re- records on behalf of a claimant is undefined. tration (hereinafter, ‘‘SSA’’) are required to moves the requirement that VA send a no- develop and use joint applications for sur- Senate Bill tice for a subsequent claim if the issue is al- vivors who apply for both dependency and in- The Senate Bills contain no similar provi- ready covered under a previous claim and no- demnity compensation DIC and Social Secu- sion. tice. However, under this section, VA must rity survivor benefits. Section 5105 further still send a notice if over one year has passed House Bill provides that, if such a joint application since any notice was last sent to the claim- Section 5 of H.R. 2349, as amended, author- form is filed with either VA or SSA, it will ant. According to VA, the subsequent reduc- izes VA to waive its duty to assist require- be deemed an application for both DIC and tion in claims processing times by this sec- ment when ‘‘the Secretary may award the Social Security benefits. tion can range from 30 to 40 days, which pro- maximum benefit in accordance with this Senate Bill vides a positive step toward reducing the title based on the evidence of record.’’ The Section 705 of S. 914, as reported, would claims backlog. effect of this provision would prevent both amend section 5105 of title 38, U.S.C., to per- The requirement that VA issue a separate the claimant and VA from having to collect mit—but not require—the development of a written VCAA notice upon receipt of any further evidence that would have no impact joint form for SSA and VA survivor benefits. subsequent claim presents two issues that on the claim. Under the revised definition of

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In gen- pects of the rating schedule for each condi- vide that the effective date of an award of eral, when a veteran is married to another tion. disability compensation to a veteran who veteran, the pension benefits paid are the Section 5 of H.R. 2349, as amended, also submitted an FDC would be based on the same as for a veteran who is married to a adds a provision to encourage claimants to facts found, but would not be earlier than 1 non-veteran. However, in cases where one or take a proactive role in the claims process. year before the date on which VA received both members of a veteran couple is house- By encouraging ‘‘claimants to submit rel- the veteran’s application. That change would bound and/or in need of aid and attendance, evant private medical records of the claim- take effect on the date of enactment and the additional amounts paid are computed ant to the Secretary if such submission does would not be applied to claims filed after separately for each veteran and then added not burden the claimant,’’ the collection of September 30, 2012. to the basic grant. evidence necessary to render a decision can In 1998, section 8206 of P.L. 105–178, the House Bill be greatly facilitated. Transportation Equity Act for the 21st Cen- Section 5 of H.R. 2349, as amended, is in- The House Bills contain no comparable tury, increased the benefit for a veteran who tended to reduce the number of situations provision. requires aid and attendance by $600 per year. wherein VA spends unnecessary time and re- Compromise Agreement Because of the way the bill was drafted, the sources to pursue private medical records Section 506 of the Compromise Agreement benefit was increased for only one of the vet- that may already have been submitted in the erans in the rare case that a veteran is mar- claimant’s file, may not exist, may not be generally follows the Senate bill. However, a retroactive effective date will only be avail- ried to a veteran and both require aid and at- obtainable, are not relevant to the claim, or tendance. The legislative history does not in- even if obtained, are highly unlikely to able for original claims that are fully-devel- oped upon submittal. The changes will be ef- dicate any intent to treat these spouses dif- change the rating that would otherwise be ferently. Therefore, under current law, a vet- assigned based on the evidence of record. VA fective 1 year after the date of enactment, eran who is married to a veteran where both would continue to have an obligation to ob- and the changes will not apply with respect veterans qualify for aid and attendance bene- tain or assist veterans in obtaining relevant to claims filed after the date that is three fits, the benefit amount for one of the medical records, both public and private; years after the date of enactment. spouses is lower than for the other spouse. however, this provision clarifies that the MODIFICATION OF MONTH OF DEATH BENEFIT purpose of the duty to assist should be lim- FOR SURVIVING SPOUSES OF VETERANS WHO Senate Bill ited to situations where it will actually as- DIE WHILE ENTITLED TO COMPENSATION OR Section 401 of S. 914, as reported, would in- sist veterans in substantiating their claims. PENSION crease the benefit paid to married couples In addition, a claimant’s knowledge of where Current Law where both members of the couple are vet- certain medical records may be located is in- erans and both qualify for aid and attend- Under current law, veterans’ benefits for a valuable to claim development. In many ance, so that each member of the married specific month are paid in the month fol- cases a claimant can identify, obtain, and couple receives the full aid and attendance lowing the month to which they are attrib- submit that evidence more quickly than if amount. utable. No benefits are owed to a veteran for the Department received a claim and subse- the month in which a veteran dies. However, House Bill quently had to locate and request those same if the veteran had a surviving spouse, the The House Bills contain no similar provi- records. month of death provision in current law, sec- sion. Compromise Agreement tion 5310 of title 38, U.S.C., provides that the Compromise Agreement Section 505 of the Compromise Agreement amount of benefits that the veteran would Section 508 of the Compromise Agreement generally follows the House’s position with a have received had the veteran not died, is generally follows the Senate Bill, but with a minor change in the language of paragraph payable to the surviving spouse. slight increase in the amount of the benefit (2)(B) of H.R. 2349. The House-passed lan- Section 5310 also provides that, if the ben- paid to married couples where both members guage in paragraph (2)(B) reads ‘‘For pur- efit payable to a surviving spouse as death of the couple are veterans, and both qualify poses of this paragraph, the term ‘maximum compensation, DIC, or death pension is less for aid and attendance. This increased benefit’ means the highest evaluation assign- than the amount that the veteran would amount of $32,433 reflects the current rate able in accordance with the evidence of have received for that month but for the vet- needed to equalize the benefit provided to record, as long as such evaluation is sup- eran’s death, the greater benefit would be each veteran spouse as a result of the 2012 ported by such evidence of record at the time paid for the month of death. the decision is rendered.’’ Per the Com- cost-of-living adjustment applied to the pre- Senate Bill promise Agreement, this language is changed vious shortfall remedy of $825. This increase to ‘‘For purposes of this paragraph, the term Section 403 of S. 914, as reported, would was necessary to ensure that the Com- ‘maximum benefit’ means the highest eval- amend current law in order to clarify that a promise Agreement adequately reflected the uation assignable in accordance with the evi- surviving spouse of a veteran who is receiv- amount necessary to correct the benefit dence of record, as long as such evidence is ing compensation or pension from VA, is due level for each spouse to the amount intended adequate for rating purposes and sufficient the amount of benefits the veteran would by P.L. 105–178. to grant the earliest possible effective date have received for the entire month of the EXCLUSION OF CERTAIN REIMBURSEMENTS OF in accordance with section 5110 of this title.’’ veteran’s death, regardless of whether the EXPENSES FROM DETERMINATION OF ANNUAL This revised definition of ‘‘maximum ben- surviving spouse is otherwise entitled to sur- INCOME WITH RESPECT TO PENSIONS FOR VET- efit’’ clarifies that VA must have evidence vivor benefits. Also, if at the time of death, ERANS AND SURVIVING SPOUSES AND CHIL- that is sufficient to meet all aspects of the the veteran had a claim pending for com- DREN OF VETERANS pensation or pension that was subsequently rating schedule for each condition. Current Law AUTHORITY FOR RETROACTIVE EFFECTIVE DATE granted, the surviving spouse would be eligi- ble for any benefits or additional benefits Veterans of a period of war who meet in- FOR AWARDS OF DISABILITY COMPENSATION IN come, net worth, and other eligibility cri- CONNECTION WITH APPLICATIONS THAT ARE due as accrued benefits for the month of death. teria are eligible to receive a pension based FULLY-DEVELOPED AT SUBMITTAL upon need. Under current law, section 1503 of House Bill Current Law title 38, U.S.C., reimbursements for any kind Under section 221 of Public Law 110–389, the The House Bills contain no similar provi- of casualty loss are exempt from income de- Veterans’ Benefits Improvement Act of 2008, sion. terminations for purposes of determining VA was required to conduct a pilot project to Compromise Agreement pension eligibility. test ‘‘the feasibility and advisability of pro- Section 507 of the Compromise Agreement Senate Bill viding expeditious treatment of fully devel- reflects the Senate Bill. The Senate Bill contains no similar provi- oped compensation or pension claims.’’ After INCREASE IN RATE OF PENSION FOR DISABLED sion. carrying out that pilot at 10 VA regional of- VETERANS MARRIED TO ONE ANOTHER AND fices, VA expanded the FDC process to all House Bill BOTH OF WHOM REQUIRE REGULAR AID AND VA regional offices. Under section 5110(a) of Section 3 of H.R. 2349, as amended, would ATTENDANCE title 38, U.S.C., the effective date of an award prevent the offset of pension benefits for vet- of disability compensation generally is the Current Law erans, surviving spouses, and children of vet- date on which VA received the application Veterans of a period of war who meet in- erans due to the receipt of payments by in- for those benefits. Although there are excep- come, net worth, and other eligibility cri- surance, court award, settlement or other tions to that general rule, none of the excep- teria are eligible to receive a pension based means to reimburse expenses incurred after tions would allow a retroactive effective upon need. The pension amount is based an accident, theft, ordinary loss or casualty date for veterans who file FDCs. upon the number of veteran dependents. Ad- loss. Section 3 would also exempt pain and

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11560 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 suffering income from pension calculations, until he was forced to retire last year, also rifices made by America’s men and women in but only amounts determined by VA on a apparently allowed people to pick areas of uniform, it is paramount that their burials case-by-case basis. The House Bill would also the cemetery where they wanted to be bur- at ANC occur with integrity, in a manner be- extend the authority of VA to verify income ied, Army officials said. fitting such sacrifice, and in accordance with information with the Internal Revenue Serv- The Army, which investigated the matter Army policy and regulation. ice (hereinafter, ‘‘IRS’’) to November 18, 2013. two decades ago and is looking into it again, The Compromise Agreement also permits Compromise Agreement has a list from 1990 with ‘senior officials’ the President to waive the prohibition on who have plots that ‘were de facto reserved Section 509 of the Compromise Agreement burial reservations at Arlington National in violation of Army policy,’ according to a generally follows the House Bill except it Cemetery as the President considers appro- memo obtained by The Post under the Free- does not exclude payments for medical ex- priate, and requires the President to notify dom of Information Act. Some of these offi- penses resulting from any accident, theft, the Committees and the Senate and House cials were driven around the cemetery by loss, or casualty loss or payments for pain Armed Services Committees of any such Costanzo, who told investigators that he had and suffering related to an accident, theft, waiver decision. The Committees expect that allowed them to pick their spots. loss, or casualty loss. The Committees be- decisions to waive the prohibition will be ‘I take the position that if there is any- lieve payments received for pain and suf- done only under extraordinary cir- thing I can do positively for a person, I will fering should not be excluded from countable cumstances, i.e., for a Medal of Honor recipi- try to do that as long as it is not a serious income because such payments are not a re- ent, former President, etc. violation of any rule, regulation, or law,’ he imbursement for expenses and such an exclu- EXPANSION OF ELIGIBILITY FOR PRESIDENTIAL told investigators at the time.’’ sion would be inconsistent with a needs MEMORIAL CERTIFICATES TO PERSONS WHO Media reports regarding preferential treat- based program. DIED IN THE ACTIVE MILITARY, NAVAL, OR AIR ment of and reservations for certain people, The Compromise Agreement does not ex- SERVICE coupled with a 2010 investigation of ANC by tend the authority of VA to verify income the Army Inspector General, reflect a series Current Law information with the IRS. This authority of problems with the previous management Under current law, section 112 of title 38, was extended until September 30, 2016, by of ANC. As ANC works to build account- U.S.C., eligibility for presidential memorial P.L. 112–56. ability and transparency in its management certificates is limited to survivors of vet- TITLE VI—MEMORIAL, BURIAL & CEMETERY and operations, the issue of gravesite res- erans who were discharged from service MATTERS ervations remains a paramount concern. under honorable conditions. For purposes of PROHIBITION ON DISRUPTIONS OF FUNERALS OF Senate Bill this section, under the section 101, title 38, MEMBERS OR FORMER MEMBERS OF THE U.S.C., definition of ‘‘veteran,’’ an individual Section 502 of S. 914, as reported, would ARMED FORCES who died in active service, including an indi- codify the Army regulations that ban reserv- vidual killed in action, technically is not a Current Law ing gravesites and would provide account- veteran because the individual was not ‘‘dis- Section 2413 of title 38, U.S.C., restricts the ability and transparency. The section would charged or released’’ from service. Therefore, time, place, and manner of demonstrations amend chapter 24 of title 38, U.S.C., by re- under current law, the survivors of such an at funerals for servicemembers or former quiring that not more than one gravesite at individual are not eligible for a presidential servicemembers at National Cemetery Ad- ANC be provided to eligible veterans or memorial certificate honoring the memory ministration (hereinafter, ‘‘NCA’’) facilities members of the Armed Forces, unless a waiv- of the deceased. and Arlington National Cemetery (herein- er is made by the Secretary of the Army as after, ‘‘ANC’’). considered appropriate. This requirement Senate Bill Section 1388 of title 18, U.S.C., restricts the would apply with respect to all interments Section 503 of S. 914, as reported, would time, place, and manner of demonstrations at ANC after the date of the enactment of amend section 112 of title 38 by allowing VA at funerals for servicemembers or former this section. to provide presidential memorial certificates servicemembers that take place in ceme- Section 502 would also prohibit the res- to the next of kin, relatives, or friends of a teries other than NCA facilities or ANC. ervation of gravesites at ANC for individuals servicemember who died in active military, Senate Bill not yet deceased. This prohibition would not naval, or air service. Section 501 of S. 914, as reported, increases apply with respect to the interment of an in- House Bill dividual for whom a request for a reserved the space and time restrictions, and liability The House Bills contain no similar provi- gravesite was approved by the Secretary of for those protesting at funerals of sion. servicemembers and former servicemembers the Army before January 1, 1962, when ANC Compromise Agreement in both section 2413 of title 38 and section formally stopped accepting reservations. 1388 of title 18, U.S.C. For a full explanation A reporting requirement would also be im- Section 603 of the Compromise Agreement of section 501 of S. 914 please see Senate Re- posed by the section. Not later than 180 days reflects the Senate Bill. after the enactment of this section, the port 112–088, the Veterans Programs Im- REQUIREMENTS FOR THE PLACEMENT OF MONU- Army would be required to submit to Con- provement Act of 2011. MENTS IN ARLINGTON NATIONAL CEMETERY gress a report on reservations made for in- House Bill terment at ANC. The report would describe Current Law The House Bills contain no similar provi- the number of requests for reservations at Section 2409 of title 38, U.S.C., allows the sion. ANC that were submitted to the Secretary of Secretary of the Army to set aside areas in Compromise Agreement the Army before January 1, 1962. The report ANC to honor military personnel and vet- Section 601 of the Compromise Agreement would also describe the number of gravesites erans who are missing in action or whose re- reflects the Senate Bill. at ANC that, on the day before the date of mains were not available for various other the enactment of this section, were reserved reasons. Section (b) provides for the erection CODIFICATION OF PROHIBITION AGAINST RES- in response to such requests. The number of of appropriate memorials or markers to ERVATION OF GRAVESITES AT ARLINGTON NA- such gravesites that, on the day before the honor such individuals. TIONAL CEMETERY enactment of this section, were unoccupied Senate Bill Current Law would also be included in the report. Addi- The Senate Bills contain no similar provi- Army Regulation 290–5, Paragraph 2–5, tionally, the report would list all reserva- sion. states that ANC selection of specific tions for gravesites at ANC that were ex- gravesites or sections is not authorized. De- tended by individuals responsible for the House Bill spite a stated policy against preferential management of ANC in response to requests Section 2 of H.R. 1627, as amended, would treatment and the reservation of gravesites, for such reservations made on or after Janu- establish clear and objective criteria for the the Washington Post reported that in recent ary 1, 1962. Secretary of the Army in considering and ap- years ANC had repeatedly provided pref- House Bill proving monument requests. It would do this erential treatment to VIPs by setting aside by putting in place a requirement that Section 3 of H.R. 1627 contains a similar select and prestigious gravesites for their fu- monuments commemorate the military serv- provision on burial reservations. ture use. An article dated March 20, 2011, ti- ice of an individual, a group of individuals, tled ‘‘Arlington Cemetery struggles with old Compromise Agreement or a military event that is at least 25 years reservations,’’ is excerpted in relevant part: Section 602 of the Compromise Agreement old. The purpose of the 25-year requirement ‘‘Although [ANC] stopped formally taking reflects the Senate and House Bills. The would be to ensure that a permanent monu- reservations in 1962, the practice of reserving Committees believe that the inclusion of ment truly stands the test of time and is not choice grave sites continued, if unofficially, this provision is necessary to ensure that commemorating events based on the pas- under Raymond J. Costanzo, who was super- qualified servicemembers and veterans are sions of a moment. H.R. 1627, as amended, intendent from 1972 to 1990. [John C. Metzler, honored at ANC without regard to rank or would also require that monuments be Jr.], his successor, who ran the cemetery status. In light of the extraordinary sac- placed in sections of ANC designated by the

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11561 Secretary of the Army for that explicit pur- grant for the purchase of an automobile. If House Bill pose and only on land that is not suitable for that vehicle has been destroyed by a natural The House Bills contain no similar provi- burial. The bill would further require that or other disaster, current statutory limita- sions. tions would prevent VA from providing an- monument construction and placement must Compromise Agreement be funded by a non-governmental entity other grant to repair or replace the damaged using funds from private sources. The Sec- vehicle. Section 701 of the Compromise Agreement follows the Senate Bill. retary of the Army would be required to con- Senate Bill sult with the U.S. Commission on Fine Arts Section 701 of S. 914, as reported, would EXTENSION OF CERTAIN EXPIRING PROVISIONS before approving the monument design, and provide certain types of assistance to eligi- OF LAW the sponsoring entity must issue a study on ble veterans affected by a natural or other Current Law the suitability and availability of other sites disaster. Under section 3720(h) of title 38, U.S.C., VA (outside of ANC) where the monument could Section 701 of S. 914, as reported, would has the authority to issue, or approve the be placed. amend chapter 21 of title 38, U.S.C., by add- issuance of, certificates or other securities Recognizing the need for flexibility in ing a new section which would provide as- evidencing an interest in a pool of mortgage monument determinations, H.R. 1627, as sistance to a veteran whose home is de- loans VA finances on properties it has ac- amended, would permit the Secretary of the stroyed or substantially damaged in a nat- quired and guarantee the timely payment of Army to waive the 25-year rule (noted above) ural or other disaster, and that was pre- principal and interest on such certificates or in the event a monument proposes to com- viously adapted with assistance through the other securities. This authority expired on memorate a group of individuals who have SAH or SHA grant program. Such assistance December 31, 2011. made valuable contributions to the Armed would not be subject to the limitations on Section 3729(b)(2) of title 38, U.S.C., sets Forces for longer than 25 years and those assistance under section 2102. However, forth a loan fee table that lists funding fees contributions continue, and are expected to under this section a grant award would not to be paid by beneficiaries, expressed as a continue indefinitely, and such groups have exceed the lesser of the reasonable cost of re- percentage of the loan amount, for different provided service of such a character that it pairing or replacing the damaged or de- types of loans guaranteed by VA. Funding would present a manifest injustice if ap- stroyed home in excess of the available in- fee rates have varied over the years, but with proval of the monument was not permitted. surance coverage on such home, or the max- one exception, have remained constant since Finally, H.R. 1627, as amended, would re- imum grant amount to which the veteran 2004. All funding fee rates are set to be re- tain ultimate Congressional oversight of would have been entitled under the SAH or duced on October 1, 2016. monument placement at ANC by requiring SHA grant programs had the veteran not ob- Finally, P.L. 110–389, the Veterans’ Bene- the Secretary of the Army to notify Con- tained the prior grant. fits Improvement Act of 2008, authorized VA gress of any decision to approve a monu- Section 701 would amend section 3108 of to temporarily guarantee mortgages with ment, along with the stated rationale, before title 38, U.S.C., by authorizing VA to extend higher loan values in recognition of the high the payment of a subsistence allowance to a monument may be placed. Congress would cost of housing in several areas of the coun- qualifying veterans participating in a reha- have 60 days to review the decision and, if it try. This authorization expired on December bilitation program under chapter 31 of title chooses, pass a disapproval resolution in 31, 2011. order to halt the monument from going for- 38. The extension would be authorized if the Senate Bill ward. If Congress takes no action, the monu- veteran has been displaced as a result of a ment would be deemed approved after the 60- natural or other disaster while being paid a Section 15 of S. 951, as reported, would day period lapses. subsistence allowance. If such circumstances amend the fee schedule set forth in section H.R. 1627, as amended, therefore, retains are met, VA would be permitted to extend 3729(b)(2) of title 38, U.S.C., by extending elements of the Department of the Army’s the payment of a subsistence allowance for VA’s authority to collect certain fees and by existing regulatory framework with respect up to an additional two months while the adjusting the amount of the fees. Specifi- to monument placement at ANC and builds veteran is satisfactorily following a program cally, the section would amend section upon that framework by establishing an ob- of employment services. 3729(b)(2)(B)(ii) by striking ‘‘January 1, 2004, jective, transparent, rigorous, and flexible Section 701 also would amend section 3120 and before October 1, 2011’’ and inserting criteria for future monument placement. of title 38, U.S.C., by waiving the limitation ‘‘October 1, 2011, and before October 1, 2014,’’ on the number of veterans eligible to receive Compromise Agreement and by striking ‘‘3.30’’ both places it appears programs of independent living services and and inserting ‘‘3.00.’’ Section 604 of the Compromise Agreement assistance, in any case in which VA deter- The section also would amend section generally follows the House Bill except that mines that an eligible veteran has been dis- 3729(b)(2)(B)(i) by striking ‘‘January 1, 2004’’ it requires that the Advisory Committee on placed as the result of, or has otherwise been and inserting ‘‘October 1, 2011’’ and by strik- Arlington National Cemetery also be con- adversely affected in the areas covered by, a ing ‘‘3.00’’ both places it appears and insert- sulted prior to a monument being placed in storm or other disaster. ing ‘‘3.30.’’ The section would also strike the Cemetery. Section 701 would amend section 3703 of clause (iii) and re-designate clause (iv) as TITLE VII—OTHER MATTERS title 38, U.S.C., to allow VA to guarantee a clause (iii). Clause (iii), as re-designated, ASSISTANCE TO VETERANS AFFECTED BY loan, regardless of whether such loan is sub- would be amended by striking ‘‘October 1, ordinate to a superior lien created by a pub- NATURAL DISASTERS 2013’’ and inserting ‘‘October 1, 2014.’’ lic entity that has provided, or will provide, Current Law assistance in response to a major disaster. House Bill Laws such as P.L. 93–288, the Robert T. Additionally, section 701 would amend sec- Section 501 of H.R. 2433, as amended, would Stafford Disaster Relief and Emergency As- tion 3903, of title 38, U.S.C., by authorizing amend section 3720(h)(2) to extend VA’s pool- sistance Act, provide federal assistance to VA to provide, or to assist in providing, an ing authority for mortgages until December individuals and families affected by natural eligible person receiving assistance through 31, 2016. The section also would amend the disasters. However, current law is not spe- the Automobile Assistance Program with a fee schedule set forth in section 3729(b)(2) of cifically tailored to the needs of veterans, second automobile. This assistance would be title 38, U.S.C., by extending VA’s authority particularly veterans with service-connected permitted only if VA receives satisfactory to collect certain fees and by adjusting the disabilities affected by such disasters. This evidence that the automobile, previously amount of the fees. Specifically, the section means that under current law, targeted as- purchased with assistance through this pro- would amend section 3729(b)(2)(A)(iii) and sistance is unavailable to those veterans who gram, was destroyed as a result of a natural 3729(b)(2)(A)(iv) by striking ‘‘November 18, are particularly vulnerable and most in need or other disaster, the eligible person bore no 2011’’, and inserting ‘‘October 1, 2017’’. of assistance in the event of a natural dis- fault, and the person would not receive com- The section also would amend section aster. pensation for the loss from a property in- 3729(b)(2)(B)(i) by striking ‘‘November 18, For example, VA adaptive housing assist- surer. 2011’’ and inserting ‘‘October 1, 2017’’. The ance grants are available to eligible individ- Finally, section 701 would require VA to section also would strike clause (ii) and (iii) uals who have certain service-connected dis- submit an annual report to Congress detail- and re-designate clause (iv) as clause (ii). abilities, to construct an adapted home or to ing the assistance provided or action taken The section also would amend section modify an existing home to accommodate by VA during the last fiscal year pursuant to 3729(b)(2)(C)(i) and 3729(b)(2)(C)(ii) by striking their disabilities. However, limitations such the authority of this section. Required re- ‘‘November 18, 2011’’ and inserting ‘‘October as caps on the total amount of assistance port provisions would include: a description 1, 2017’’. The section also would amend sec- available under SAH or SHA grants, may for each natural disaster for which assist- tion 3729(b)(2)(D)(i) and 3729(b)(2)(D)(ii) by prevent a veteran from receiving additional ance was provided, the number of cases or in- striking ‘‘November 18, 2011’’ and inserting assistance from VA to repair an adapted dividuals in which, or to whom, VA provided ‘‘October 1, 2017’’. home damaged by a natural disaster. assistance, and for each such case or indi- Finally, this section also would amend sec- Similarly, under current law, section 3903 vidual, a description of the assistance pro- tion 501 of the Veterans Benefits Improve- of title 38, U.S.C., a veteran may receive a vided. ment Act of 2008 to extend the authority to

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11562 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 18, 2012 temporarily guarantee mortgages with high- order to improve the accuracy of claims de- House Bill er loan values in certain areas of the country cisions. H.R. 1657 would amend section 8127(g) of until December 31, 2014. MODIFICATION OF PROVISION RELATING TO RE- title 38, U.S.C., to require that VA debar a Compromise Agreement IMBURSEMENT RATE FOR AMBULANCE SERV- company and its principals from contracting Section 702 of the Compromise Agreement ICES with VA for a period of not less than five generally follows the House Bill. Current Law years, if it is determined that the company REQUIREMENT FOR PLAN FOR REGULAR ASSESS- Section 111(b)(3)(A) of title 38, U.S.C., has misrepresented its status. H.R. 1657 also MENT OF EMPLOYEES OF VETERANS BENEFITS states that VA shall not reimburse for spe- requires VA to begin a debarment action by ADMINISTRATION WHO HANDLE PROCESSING OF cial modes of travel unless such mode was not later than 30 days after determining that CLAIMS FOR COMPENSATION AND PENSION medically required and authorized in ad- the firm misrepresented its status, and to Current Law vance by VA or was a medical emergency. complete the debarment process within 90 days after the finding of misrepresentation. Under current law, section 7732A of title 38, Subparagraph (B) states that VA may pro- U.S.C., VA shall provide for an examination vide payment to the provider of special Compromise Agreement transportation and subsequently recover the of appropriate employees and managers of Section 706 of the Compromise Agreement amount from the beneficiary if they are de- the Veterans Benefits Administration (here- follows generally both the Senate and House termined to be ineligible. Subparagraph (C) inafter, ‘‘VBA’’) who are responsible for Bills. The Compromise Agreement adopts states that for ambulance services the trans- processing claims for compensation and pen- and clarifies the standard of deliberateness portation provider may be paid either the ac- sion benefits under the laws administered by as set forth in section 703 of S. 914, by defin- tual charge or the amount determined in the VA. In developing the required examination, ing a deliberate misrepresentation as one Social Security Act fee schedule, whichever VA must consult with appropriate individ- that is willful and intentional. uals or entities, including examination de- is less. Senate Bill QUARTERLY REPORTS TO CONGRESS ON velopment experts, interested stakeholders, CONFERENCES SPONSORED BY THE DEPARTMENT and employee representatives; and consider The Senate Bills contain no comparable the data gathered and produced under sec- provision. Current Law tion 7731(c)(3) of title 38, U.S.C., which estab- House Bill There is no provision in current law in re- lishes a quality assurance program within The House Bills contain no comparable gards to reporting to Congress on con- VBA. provision. ferences of VA. Senate Bill Compromise Agreement Senate Bill The Senate Bills contain no comparable Section 704 of the Compromise Agreement The Senate Bill contains no similar provi- provision. amends section 111(b)(3)(c) of title 38, U.S.C., sions. House Bill by striking ‘‘under subparagraph (B)’’ and in- House Bill Section 2 of H.R. 2349, as amended, allows serting ‘‘to or from a Department facility.’’ Section 1 of H.R. 2302, as amended, amends for VA to take a more deliberate approach to CHANGE IN COLLECTION AND VERIFICATION OF subchapter I of chapter 5 of title 38, U.S.C., the skills assessments required by section VETERAN INCOME to require VA to provide Congress with infor- 7723A of title 38, U.S.C., by requiring biennial Current Law mation regarding the cost of covered con- assessments of appropriate employees and Section 1722 of title 38, U.S.C., defines ‘‘at- ferences. managers at five regional offices (herein- tributable income’’ as a veteran’s income after, ‘‘ROs’’) from 2012 through 2016. The as- Subsection (a) would require that VA sub- from the previous year and sets out guide- mit a quarterly report to the Committees de- sessments would be required of appropriate lines for determining such income. employees and managers responsible for tailing the expenses related to conferences processing claims for compensation and pen- Senate Bill hosted or co-hosted by VA. It also requires sion benefits. If employees or managers re- The Senate Bills contain no comparable that VA submit this quarterly report within ceive a less-than-satisfactory score on the provision. 30 days of the end of the quarter. assessment exam, VA would be required to House Bill Subsection (b) would require that the re- provide appropriate remediation training so The House Bills contain no comparable ports include actual expenses for conferences that the assessment exam could be taken provision. occurring during the previous quarter re- again. If, after remediation, an employee or lated to: transportation and parking; per Compromise Agreement diem payments; lodging; rentals of halls, manager again gets a less-than-satisfactory Section 705 of the Compromise Agreement score, VA would then be required to take ap- auditoriums, or other spaces; rental of equip- amends section 1722(f)(1) of title 38, U.S.C., ment; refreshments; entertainment; contrac- propriate personnel action. Section 2 would by striking ‘‘the previous year’’ and insert- authorize $5 million over five years to carry tors; and brochures or printed material. It ing ‘‘the most recent year for which informa- also requires that the report include an esti- out the biennial assessments, the results of tion is available.’’ which VA would be required to report to mate of the expected conference expenses for Congress. DEPARTMENT OF VETERANS AFFAIRS ENFORCE- the next quarter. MENT PENALTIES FOR MISREPRESENTATION OF Subsection (c) defines covered conferences Compromise Agreement A BUSINESS CONCERN AS A SMALL BUSINESS that will be included in the report as those Section 703 of the Compromise Agreement CONCERN OWNED AND CONTROLLED BY VET- that are attended by 50 or more individuals, requires VA to submit a plan to the Commit- ERANS OR AS A SMALL BUSINESS CONCERN including one or more employees of VA, or tees detailing how VA will regularly assess OWNED AND CONTROLLED BY SERVICE-DIS- have an estimated cost of at least $20,000. the skills and competencies of appropriate ABLED VETERANS Compromise Agreement VBA employees and managers, provide train- Current Law ing to remediate deficiencies in skills and Section 707 of the Compromise Agreement competencies, reassess skills and com- Under 38 U.S.C. 8127(g), the Department is follows the House Bill. With a growing def- petencies following remediation, and take directed to debar for a reasonable period of icit, and scarce discretionary funding re- appropriate personnel action following reme- time any business concern determined by VA sources, the Committees are concerned about diation training and reassessment if skills to have misrepresented its status as a small the significant growth in costs that are not and competencies remain unsatisfactory. business concern owned and controlled by directly related to the mission of providing The Committees believe certification test- veterans, or as a small business concern services and benefits to veterans. While the ing could be used to more broadly influence owned and controlled by service-disabled Committees are concerned with the signifi- the type of training or remediation nec- veterans. cant cost of such conferences, this section essary at the individual employee level in Senate Bill would not limit VA’s travel budget or elimi- order to improve the accuracy of claims de- Section 703 of S. 914, as reported, would nate any conferences. The Committees un- cisions. This Compromise Agreement reflects amend section 8127(g) of title 38, U.S.C., by derstand that it is often advantageous for the Committees’ sensitivities to the con- requiring that the Department debar any VA employees to meet face-to-face for train- cerns expressed by VA regarding the cost and firm determined by VA to have deliberately ing and leadership development, but believe management difficulties associated with an- misrepresented its status for a period of not that there must be more transparency and nual testing and follow-up remediation of less than five years, and that such debar- oversight of these meetings. every employee. As a result, it allows VA to ment also would include all principals of the PUBLICATION OF DATA ON EMPLOYMENT OF provide the Committees with a plan to ac- firm for a period of not less than five years. CERTAIN VETERANS BY FEDERAL CONTRACTORS complish the intent of the Committees, The section also would require the Depart- which is to use certification testing as a way ment to commence any debarment action Current Law to influence the type of training and remedi- within 30 days of its determination that the Section 4212 of title 38, U.S.C., requires ation necessary for individual employees, in firm misrepresented its status. companies with federal contracts worth

VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11563 $100,000 or more to have an affirmative ac- court may stay proceedings or adjust obliga- Compromise Agreement tion plan to hire veterans and to report cer- tions. These protections were scheduled to Section 710 of the Compromise Agreement tain veteran-related employment data annu- expire on December 31, 2010. Public Law 111– generally follows the Senate’s position ex- ally to the U.S. Department of Labor (here- 346, the Helping Heroes Keep Their Homes cept the agreement includes an effective inafter, ‘‘DoL’’). This data is compiled by Act of 2010, extended the enhanced protec- date 180 days after enactment, and a provi- DoL but there is no requirement to make the tions through December 31, 2012. sion extending the enhanced protections of data available to the public. Senate Bill this Compromise Agreement through Decem- Senate Bill Section 302 of S. 914, as reported, would ex- ber 31, 2014. The Senate Bills contain no similar provi- tend from 9 months to 12 months after mili- It is the Committees’ view that inclusion sions. tary service, the period of protection against of a sunset provision will continue the en- House Bill mortgage foreclosure, and the period in hanced mortgage protections provided by this bill, but also will allow GAO sufficient Section 3 of H.R. 2302, as amended, amends which a court may stay a proceeding or ad- time to collect information on the impact of section 4212(d) of title 38, U.S.C., to require just an obligation. It also would require the these provisions on the financial well-being the Department of Labor (hereinafter, Comptroller General to report on certain of servicemembers before allowing the en- ‘‘DoL’’) to publish on an Internet Web site, foreclosure protections. hanced protections to expire. reports submitted by government contrac- House Bill tors on the results of their affirmative ac- Section 1 of H.R. 1263, as amended, would Mr. REID. Mr. President, I ask unan- tion plans to hire veterans. amend section 303 of the SCRA extend mort- imous consent that the Murray sub- Compromise Agreement gage related protections to surviving spouses stitute amendment, which is at the Section 708 of the Compromise Agreement of servicemembers who die on active duty, or desk, be agreed to; the bill, as amend- follows the House Bill. whose death is service-connected. This pro- ed, be read three times; and the statu- tection would preclude a lending institution VETSTAR AWARD PROGRAM tory pay-go statement be read. from foreclosing on property owned by the The amendment (No. 2559), in the na- Current Law surviving spouse until at least 12 months fol- There is no requirement in current law lowing the servicemember’s death. This pro- ture of a substitute, was agreed to. that VA recognize businesses for their con- vision would be effective with the enactment (The amendment is printed in today’s tributions to veterans employment. of this bill and would sunset five years from RECORD under ‘‘ Text of amendments.’’) Senate Bill the date of enactment. The amendment was ordered to be The Senate Bill contains no similar provi- Section 2 of H.R. 1263, as amended, would engrossed and the bill to be read a sions. require all lending institutions covered by third time. the SCRA to designate an employee who is The bill was read the third time. House Bill responsible for the institution’s compliance H.R. 802 amends section 532 of title 38, with SCRA and who is responsible for pro- The PRESIDING OFFICER. The U.S.C., to direct VA to establish a VetStar viding information to customers covered by clerk will read the pay-go statement. award program to annually recognize busi- the SCRA. Section 2 would require any insti- The assistant bill clerk read as fol- nesses that have made significant contribu- tution with annual assets of $10 billion in the lows: tions to veterans employment. previous fiscal year to maintain a toll-free Mr. CONRAD. This is the Statement Compromise Agreement telephone number for their customers. It of Budgetary Effects of PAYGO Legis- Section 709 of the Compromise Agreement also would require these institutions to pub- lation for H.R. 1627, as amended. follows the House Bill. lish this toll-free number on their website. Section 3 of H.R. 1263, as amended, would Total Budgetary Effects of H.R 1627 for the EXTENDED PERIOD OF PROTECTIONS FOR MEM- amend section 303(b) of the SCRA to extend 5-year Statutory PAYGO Scorecard—net re- BERS OF UNIFORMED SERVICES RELATING TO the protection allowing a court to stay pro- duction in the deficit of $401 million. MORTGAGES, MORTGAGE FORECLOSURE, AND ceedings and adjust obligations related to Total Budgetary Effects of H.R 1627 for the EVICTION real or personal property for SCRA covered 10-year Statutory PAYGO Scorecard—net re- Current Law property from 9 months after the duction in the deficit of $215 million. Section 2203 of Public Law 110–289, the servicemember’s period of military service, Also submitted for the RECORD as Housing and Economic Recovery Act of 2008, to 12 months. Section 3 would amend section part of this statement is a table pre- amended the Servicemembers Civil Relief 303(c) of the SCRA to extend the protection pared by the Congressional Budget Of- Act (hereinafter, ‘‘SCRA’’), by extending preventing foreclosure or seizure for SCRA from 90 days to 9 months after military serv- covered property from 9 months after the fice, which provides additional infor- ice, the period of protection for servicemember’s period of military service mation on the budgetary effects of this servicemembers against mortgage fore- to 12 months. These protections would sunset Act. closure, and the time period during which a five years after enactment of the House bill. The table follows: CB0 ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 1627, THE HONORING AMERICA’S VETERANS AND CARING FOR CAMP LEJEUNE FAMILIES ACT OF 2012, AS AMENDED (VERSION BAG12759)

By fiscal year, in millions of dollars— 2012– 2012– 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2017 2022

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 0 ¥36 ¥28 ¥37 ¥49 ¥257 34 35 34 38 38 ¥401 ¥215 Source: Congressional Budget Office. Notes: Components do not sum to totals because of rounding. The legislation would provide health care benefits to certain veterans and their dependents who were stationed at Camp Lejeune, NC, as well as making several changes to housing, compensation, and education benefits provided by the Department of Veterans Affairs.

Mr. REID. Mr. President, I ask unan- The amendment (No. 2560) was agreed MEASURE READ THE FIRST imous consent the bill, as amended, be to, as follows: TIME—S. 3401 passed; the Murray title amendment, (Purpose: To amend the title) Mr. REID. Mr. President, I under- which is at the desk, be agreed to; and stand S. 3401 is due for its first reading. the motions to reconsider be laid upon Amend the title so as to read: ‘‘A bill to The PRESIDING OFFICER. The the table, with no intervening action amend title 38, United States Code, to fur- clerk will read the bill by title for the or debate, and any related statements nish hospital care and medical services to first time. be printed in the RECORD. veterans who were stationed at Camp Lejeune, North Carolina, while the water The assistant bill clerk read as fol- The PRESIDING OFFICER. Without was contaminated at Camp Lejeune, to im- lows: objection, it is so ordered. prove the provision of housing assistance to A bill (S. 3401) to amend the Internal Rev- The bill (H.R. 1627), as amended, was veterans and their families, and for other enue Code of 1986 to temporarily extend tax passed. purposes.’’. relief provisions enacted in 2001 and 2003, to

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VerDate Sep 11 2014 15:06 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00078 Fmt 0686 Sfmt 9801 E:\TEMP\BR12\S18JY2.002 S18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11565 HOUSE OF REPRESENTATIVES—Wednesday, July 18, 2012

The House met at 10 a.m. and was Ironically, that study—requested by nate public broadcasting as we know it, called to order by the Speaker pro tem- our Republican colleagues—now being is the most powerful symbol of how out pore (Mrs. SCHMIDT). circulated, clearly shows that there is of step the Republican leadership is f no viable alternative to Federal fund- from the country they are supposed to ing for public broadcasting. Many of represent. DESIGNATION OF SPEAKER PRO the proposals that have been suggested There’s no reason to make public TEMPORE would actually end up with less overall broadcasting a partisan issue. The The SPEAKER pro tempore laid be- revenues in the long term. American public has broad support for fore the House the following commu- The House appropriations bill being it, Republicans, Independents and nication from the Speaker: marked up this morning would slash Democrats alike, especially when PBS funding now, defund NPR Federal sup- WASHINGTON, DC, and its member stations were named July 18, 2012. port, and end public broadcasting as we number one in public trust and an ‘‘ex- I hereby appoint the Honorable JEAN know it, within 2 years. At the same cellent’’ use of taxpayer dollars for the SCHMIDT to act as Speaker pro tempore on time, we have a Republican Presi- ninth consecutive year. this day. dential nominee who singled out public Since I’ve been in Congress, we’ve JOHN A. BOEHNER, broadcasting as one of the five pro- beaten back this destructive effort, but Speaker of the House of Representatives. grams that he would eliminate. our challenge now has never been more f This is because Governor Romney urgent. It’s time for people who believe and the Republicans listen to a tiny in public broadcasting to stand up to MORNING-HOUR DEBATE fraction of the American public that is what can only be termed extremism The SPEAKER pro tempore. Pursu- even a minority in their own party. A and settle this question once and for ant to the order of the House of Janu- recent poll showed that two-thirds of all about the future of public broad- ary 17, 2012, the Chair will now recog- the Republicans surveyed would either casting. For unless we fight it now, nize Members from lists submitted by keep Federal funding as it is, or in- there may be nothing left to protect. the majority and minority leaders for crease it. What resonates with Repub- f morning-hour debate. lican primary voters is not what Amer- The Chair will alternate recognition ica wants, needs, or believes. RUSSIA’S MEMBERSHIP IN THE between the parties, with each party The unprecedented threat comes at WORLD TRADE ORGANIZATION limited to 1 hour and each Member exactly the time America needs public broadcasting most. NPR News, the ob- The SPEAKER pro tempore. The other than the majority and minority Chair recognizes the gentleman from leaders and the minority whip limited ject of greatest Republican scorn, is the most trusted brand in the Amer- California (Mr. DREIER) for 5 minutes. to 5 minutes each, but in no event shall Mr. DREIER. Madam Speaker, the debate continue beyond 11:50 a.m. ican news media. Listeners learn some- thing, unlike Fox News viewers, who, cover of this week’s Economist maga- f surveys show, actually know less about zine covers it very well. Rebuilding America’s economy is its point. We all PUBLIC BROADCASTING the facts than people who listen to no news at all. want to do everything we can to create The SPEAKER pro tempore. The NPR News has again the highest rat- good, American jobs. Well, unfortu- Chair recognizes the gentleman from ing for the ninth year in a row. PBS nately, we’re on the verge of losing a Oregon (Mr. BLUMENAUER) for 5 min- shows like ‘‘Sesame Street’’ have potential market of 140 million con- utes. helped three generations of parents sumers. And the reason I say that is Mr. BLUMENAUER. There is a sad, raise their children with effective, that just last week and today, debate is unnecessary battle shaping up again commercial-free educational pro- taking place in the Duma, the Russian over the future of public broadcasting. graming. parliament. The Duma is the lower It’s not an exaggeration to say that Locally owned news is becoming only house, and the Federation Council is this battle is about the very future, the a memory for most of America as larg- the upper house. The Duma has passed very existence of public broadcasting. er corporations buy up radio and tele- it, and the Federation Council today is You might have thought that we were vision stations and local newspapers. debating. They may have already voted past this when, 15 months ago, the Re- There’s no money to be made by com- on it. They are going to be joining the publican House leadership targeted mercial stations that cater to the spe- World Trade Organization. NPR and tried to defund the Corpora- cial needs of rural and small-town This Economist publication talks tion for Public Broadcasting. America. But public broadcasting is about the fact that the way we rebuild Luckily, last year, the 170 million there because their mission is to serve, our market is through expanded ex- people who don’t just listen or watch not make money. Often, these locally ports. Well, we know that forcing Rus- public broadcasting but depend upon it, owned and managed public broad- sia to live with a rules-based trading unleashed an unprecedented show of casting stations are the only source system is something that could inure support. As a result, the Republican that is direct news, education, and en- to the benefit of U.S. workers. And leadership walked back. They cut, but tertainment locally managed for local that’s what accession to the WTO is. did not kill, the Federal support for needs. Guess what? Russia is going to be a public broadcasting despite the rhet- We must stop the attack on this crit- member of the World Trade Organiza- oric. And there was actually a con- ical service for rural and small-town tion within 30 days. The question is structive sign in last year’s appropria- America. It’s time for the 170 million whether or not the United States of tions bill that requested a study to ex- Americans who depend on public broad- America will be able to have access to amine alternatives to funding public casting every month to speak out that market. We all know that Putin broadcasting with Federal funding so again and for Congress to finally listen. engages in crony capitalism. They have that people would have hard facts to The radical proposal to slash public a massive bureaucracy and a corrupt operate on this year. broadcasting, defund NPR, and termi- court system. Forcing them to live

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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And opposed to a person—the average Fed- Now, I’m happy to say that there has once again, they’re providing tremen- eral tax rate fell to a 31-year low. been an effort led by my colleagues, dous leadership on our goal of creating The average Federal rate since 1979 is Mr. LONG and Mr. REED, within the good American jobs by prying open 21 percent—meaning that, on average freshman class that has brought 73 Re- that market and ensuring that the over the past 31 years, Americans paid publican Members to send a letter to United States worker will have access 21 percent of their yearly income to the the President of the United States urg- to it. Federal Government each April. The ing support of permanent normal trade If you think about not only creating previous low for the past 31 years was relations with Russia and urging this jobs here, but dealing with the prob- 18 percent. But in 2009, President institution to support that. I’m happy lems of crony capitalism, dealing with Obama’s first year in office, the aver- it’s a bipartisan effort. My friend, Mr. the problems of a massive bureaucracy, age Federal tax rate actually fell to MEEKS, has joined in this effort, as and dealing with a corrupt court sys- 17.4 percent, the lowest since 1979 when well. tem—which is what exists under Vladi- Jimmy Carter was in the White House. I would like to, at this point, yield to mir Putin today—this is the right That means a lower percentage of taxes my good friend from Missouri (Mr. thing for us to do. We should not lose paid than under Bill Clinton, lower LONG) and thank him for the effort access to the market. taxes than under both of the two that he has made to tackle this impor- I also want to note that my very George Bushes, and, yes, a lower aver- tant issue. I’m happy to yield to my good friend, Mr. HERGER, who has been age Federal tax rate than under the friend. a great leader on the issue of trade, is Gipper, Ronald Reagan. Mr. LONG. I thank the gentleman for here. Mr. BERG is here as well, who’s Throughout President Reagan’s 8 yielding. been very involved in this. years in office, the average Federal tax Madam Speaker, we agree that we I would be happy to yield, if I might, rate was 20.9 percent, never dropping need to get our Nation’s economy to my friend from New York (Mr. below 20.2. In contrast, in his first year, growing again in order to create jobs REED), who has played such an impor- the average rate under President for American families. Increasing our tant role on the trade issue. Obama was 17.4. In other words, after Nation’s exports is one area that would Mr. REED. I thank the gentleman, taking into account all the tax breaks help grow the economy and create jobs and I rise today in strong support to and tax loopholes—especially the Re- without costing one thin dime. I sup- join my friend from California. As he covery Act’s Making Work Pay tax port free trade because more exports knows, we’ve been supportive of free cut—Americans, in 2009, paid 2.8 per- equal more jobs. trade from the moment we got here, cent less of their income to the Federal I recently led an effort, as Mr. and I was so pleased to see Colombia, Government than they paid during DREIER mentioned there, to rally my Panama, and South Korea be passed. Ronald Reagan’s best year. Ronald freshman class to support permanent f Reagan, George Bush, Bill Clinton, the normal trade relations with Russia. other George Bush, and President WHAT WOULD RONALD REAGAN After nearly two decades of negotia- Obama. By far, President Obama has DO? tions, Russia is poised to join the the lowest tax rates. World Trade Organization this sum- The SPEAKER pro tempore. The Perhaps if the average Federal tax mer, and without repealing a Cold War- Chair recognizes the gentleman from rate under President Obama was as era trade restriction, American busi- Virginia (Mr. CONNOLLY) for 5 minutes. high as those during President Clin- nesses will be at a severe disadvantage Mr. CONNOLLY of Virginia. Madam ton’s second term, then maybe Repub- to international competitors. While the Speaker, this month, as American fam- licans would have a better argument. U.S. already trades with Russia, the re- ilies and businesses anxiously await Of course, President Clinton’s second peal of the Jackson-Vanik provision Congress’ action on the expiration of term also saw significant job growth would level the playing field for U.S. any number of tax cuts, I thought it and expanding economy, and the only exports after Russia joins the WTO. would be a good idea to ask ourselves Federal budget surpluses since 1969— again that question: What would Ron- four in a row. But to complain about b 1010 ald Reagan do? Let’s query the Gipper. Federal deficits and then immediately The media and some in this country After all, for the past 3 years all we’ve call for cutting taxes on the highest in- like to portray my freshman class as a heard from Republicans is the claim come brackets—even lower than the group that’s not willing to work for the that President Obama taxes too much. current 31-year low under President benefit of the American people or work When the Tea Party started its lob- Obama—shows significant hypocrisy or in a bipartisan spirit. We can put those bying efforts in 2009, their name ‘‘tea’’ a lack of basic addition and subtrac- portrayals to rest. The President has actually was an acronym standing for tion skills. shown an interest in increasing Amer- ‘‘taxed enough already.’’ So just like So as today’s Republicans try to spin ican exports, and the purpose of my the Republican Party, the Tea Party a tax fairy tale, where the lowest Fed- letter was to show the President that expressed an apoplectic furor about eral tax rate in 31 years under Presi- 73 Members of the Republican freshman what they thought was happening to dent Obama is somehow too high, while class are willing to work on this issue taxes. ignoring the higher rates through the to help support American jobs. But while blind conjecture and pithy eighties and nineties, perhaps it’s time I will continue to support efforts that slogans are useful in getting attention, once again to ask: What would Ronald will boost trade opportunities for they ultimately fail unless they’re Reagan have done? American manufacturers and busi- backed by facts. Thankfully, the non- Republicans, even those who profess nesses. This is about doing what is partisan Congress Budget Office re- to idolize President Reagan, of course, right for our country and supporting cently came out with its comparison of won’t ask because they don’t want to efforts to create jobs for American the average Federal tax rates paid by hear the answer. Following the signifi- families. American families over the past 31 cant initial tax cuts in 1981, President Mr. DREIER. Madam Speaker, let me years. I’m sure Republicans and the Reagan subsequently signed into law a thank my friend for his very thought- Tea Party were all as surprised as host of taxes to try to bring the budget ful contribution and, in fact, dis- many of us to learn that since 1979 back into balance. Five times he raised abusing people of this notion that Americans paid the lowest average taxes in his 8 years. somehow this group of 87 new Repub- Federal rate in 2009 under President Madam Speaker, as Congress debates licans who have come to Congress are Obama. That’s right. Thanks in large the extension of the current tax bur- not willing to tackle important issues. part to the Recovery Act’s $243 billion den, comprehensive tax reform, and They led the effort to bring about pas- in middle class tax cuts—which my overall budget deficits, I again feel

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Madam Speaker, posed by government. and a rapidly growing market, will join the World Trade Organization by sum- recently I heard from Jacqueline, a b 1020 small business owner in southeast mer’s end. After 18 years of negotiating According to the World Bank’s 2012 Texas, and here’s what she said: with the United States and the World ‘‘Doing Business in a More Transparent Trade Organization, after improving Business owners who want to succeed put World’’ report, the U.S. now ranks 13th their trade laws and reducing tariffs, their heart and soul into their business. in the world in places to start a busi- They are the ones who get there at the crack yes, very shortly Russia will be a mem- of dawn and leave after everyone else is long ness. We trail countries like Belarus, ber of the World Trade Organization. settled in for the night. I’ve been a small Macedonia, and Rwanda. Now, isn’t For the United States, this could business owner, and I know a great many that lovely? mean improved market access for our others like me, and nobody did anything for America should not be a place where exports of goods and services. It could us, we did it for ourselves, and the only thing people wait for a government handout mean protections if Russia violates that the government did for us was tax us. check. Instead, they should get a pay- international rules. It could mean a Apparently, this President disagrees check for working. trade boost, an additional 50,000 jobs or with Jacqueline’s statement. Accord- Individual achievement used to be more right here in the United States of ing to the administration: ‘‘If you’ve celebrated in this country, but the ad- America, and all of this, if the United got a business, you didn’t build that. ministration seems to punish success. States and this Congress lifts the Cold Somebody else made that happen.’’ So And what does the government do War relic, the Jackson-Vanik amend- the President is inferring, I suspect, when individuals are successful? The ment, and authorizes permanent nor- that government should get the credit government punishes them with taxes. mal trade relations. We’ve waived for the success of entrepreneurs. He is According to the collectivists, busi- Jackson-Vanik for over 20 years. We wrong, Madam Speaker. ness wealth was created by govern- now need PNTR, and we need to do it People are the reason for American ment, and so it belongs to everybody. now. success—not government. Americans Sounds a lot like statism to me, Our competitors will have access to have the vision, creativity, and audac- Madam Speaker, the idea that citizens that market. We will then fall behind ity to pursue a dream—not the govern- should be beholden to the government them. ment. Americans risk their life sav- for everything and government is wor- We can compete with anybody in the ings, not knowing what profit they will shipped as the savior of us all. That is world. This is the greatest country in get back in return for their labor. Gov- not the American philosophy, I know. the world. Let’s not lock ourselves out ernment doesn’t risk anything. Ameri- So the policy is, under the statists, of the market in Russia. Let’s not put cans spend long days, sleepless nights, tax people to death. Madam Speaker, ourselves behind our competitors. and working on weekends away from you’ve heard that statement. If some- Here’s an opportunity for us to come their family in order to keep their thing moves, regulate it. If it keeps together. company afloat and pay their employ- moving, tax it. And then if it stops You heard earlier this morning my ees. Americans battle through discour- moving, subsidize it. Government is friend and colleague, DAVID DREIER, agement and criticism in the hope for doing all of the above to businesses in bringing folks together, talking about better days ahead. It is Americans who this country. And government is also how we can do this together with the give up their home in order to pay for overtaxing those small businesses, President of the United States, who a store. And it’s Americans who pay all keeping 23 million Americans from has an export initiative, to create more those taxes and expensive government finding jobs. jobs. regulations that they’re forced to pay. Madam Speaker, small businesses Here we can demonstrate to the Government isn’t there when a deci- create most of the jobs in this country. American people that we’re concerned sion is made to get a business started, You see, when a small business is suc- about creating jobs, and that we’re to take a leap of faith, make a hire, cessful it can expand by hiring people. going to make sure that we take ad- sell first goods, or tally bills. People Government doesn’t create jobs; people vantage of that opportunity by bring- pursue their own American Dream and businesses do. ing PNTR for Russia immediately, get- without government holding their So what next? Are the good days of ting involved, and trading with them hand. American exceptionalism behind us? to create jobs right here in the good Those believers in Big Government No. Americans are as exceptional as old United States of America. say that Americans can only be suc- ever before, and it’s the government f cessful if government controls their that is our problem. lives. Madam Speaker, government Where I come from, we teach our kids TAX CLIFF isn’t the answer; government’s the that, in this country, no matter who The SPEAKER pro tempore. The problem. America is not great because you are or where you came from, hard Chair recognizes the gentlewoman from of government programs. It’s great be- work and personal responsibility will Tennessee (Mrs. BLACK) for 5 minutes. cause of Americans, individuals with pay off. In the America I know, people Mrs. BLACK. Madam Speaker, it has the spirit and desire to make their earn their paycheck and don’t sit been 41 months of unemployment above lives and this country better. Govern- around waiting for a free government 8 percent, and the President is calling ment doesn’t assume the risk in busi- check. for higher taxes on small businesses. ness, individuals do. Small business owner Jacqueline is That is the devastating reality cur- Starting a business is not easy. Busi- correct. Individuals, American inge- rently facing 13 million unemployed ness is driven by American ingenuity, nuity, and free enterprise create suc- Americans. creativity and, yes, hard work. Those cess, not Washington. That is the America’s in the midst of a jobs cri- who have been successful didn’t wait American Dream, Madam Speaker. And sis unlike anything this country has around for someone else to help them when you see the President, tell him seen since the Great Depression. And with a government handout. The re- he’s wrong. the President’s most recent answer to

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11568 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 this crisis? A tax hike on small busi- Americans if they aren’t able to get My mom had three kids. When I was nesses to feed Democrats’ insatiable their way and raise taxes on 1.2 million a kid, someone told her that she was appetite for more wasteful, ever-ex- small businesses. Now, every day the going to the doctor with us, and we panding government spending. President and the Senate Democrats were not sick. Well, that was some- This past week, the President fol- continue with this political posturing thing that we didn’t think was a luxury lowed up his recent call for higher and class warfare nonsense while the we could afford. Now, in seeing how im- taxes by scolding entrepreneurs. And I economy suffers and small businesses portant it is to contain serious ill- quote: ‘‘If you’ve got a business, you suffer, and ultimately, the American nesses and to reduce the costs of health didn’t build it. Somebody else built people suffer. care, it is so important that preventa- that.’’ The question is, will the President tive care be a part of our national His disdain for American enterprise and the Senate Democrats who run health system, and the quicker we get truly underscores that he not only Washington work with the House Re- on with the implementation of this doesn’t know what it takes to start and publicans to stop this huge, job-killing great bill, the more lives and the more run a business, but he is clueless about tax increase from hitting small busi- dollars we will be able to save. how jobs are created. nesses and every American who pays So, remember, if you have any inter- If the President gets his way, instead an income tax? Or will they continue est at all, take a look at what is going of small businesses creating more pay- to insist on higher taxes to pay for to be happening in September. The checks for more workers, they will be wasteful government spending and Congressional Black Caucus, during paying more taxes to the Federal Gov- bailouts for political allies? our legislative weekend that month, ernment. I wonder if the President has will have professionals come in to talk f considered the fact that small busi- with us, to teach us, to tell us what we nesses create two out of every three b 1030 can do to extend this education process new jobs in America? And that means, throughout our great country. INTERNATIONAL AIDS for the majority of the nearly 13 mil- f CONFERENCE lion unemployed Americans, their best GRANT PERMANENT NORMAL The SPEAKER pro tempore. The hope of being able to provide for their TRADE RELATIONS WITH RUSSIA family hinges on small businesses’ abil- Chair recognizes the gentleman from ity to hire more people. New York (Mr. RANGEL) for 5 minutes. The SPEAKER pro tempore. The The administration’s onslaught of Mr. RANGEL. This Sunday, the Chair recognizes the gentleman from new regulations and ObamaCare’s cost- International AIDS Conference is going New York (Mr. REED) for 5 minutes. Mr. REED. I rise this morning to ex- ly taxes and mandates have already to be held in our Nation’s Capital. It press my support for the Russian acces- placed a huge burden on our Nation’s was some 30 years ago that this serious sion to the WTO and for our need here small businesses. The President now disease became known in our great in this Chamber and in Washington, wants to add insult to injury and si- country and spread from other parts of D.C., to grant Russia PNTR status so phon away 201 billion more dollars the world. Since that time, we’ve lost over a half a million people, yet we that we can establish a strong, for- from the American job creators. ward-looking trade relationship with Now, a new study released yesterday have not found a cure for this deadly disease. Russia. from Ernst & Young confirms what Madam Speaker, it’s simple. Amer- I have introduced legislation, H.R. many Americans already know: the ican trade opportunity, as represented 1462, with Senator GILLIBRAND, to see President’s latest tax hike plan would by the Russian market, equals Amer- whether or not we can have more na- destroy 700,000 jobs and further weaken ican job opportunity here on our soil, tional attention focused on the fact our struggling economy. and I am proud to support this need to that we can do a lot more than we are The House is scheduled to vote in a get PNTR trade status for Russia. couple of weeks on legislation to ex- doing. I am also joined this morning by a tend all of the current Federal income The major thrust, of course, of what good friend from North Dakota to tax rates while, at the same time, lay- we have to do is to educate people that, whom I would like to yield, Mr. BERG. ing the groundwork for making our although it used to have great stigma, Mr. BERG. Today, I rise to urge Con- Tax Code simpler and fairer by low- there are so many different ways to gress to grant permanent normal trade ering rates and closing loopholes. Pro- come in contact with the disease. Edu- relations, also known as PNTR, with growth tax reform is needed to help cation is one way that we can help peo- Russia. Russia will soon join the World create the climate for job creation and ple. Prevention, of course, is another, Trade Organization. This will increase to ensure more jobs stay right here in but I would like to emphasize the need trade with Russia, and it will create the United States. for testing. So many people are walk- significant export opportunities. How- The most recent unemployment re- ing around with the virus and have no ever, before we can take advantage of port shows that the number of people idea that they have it. Even though these trade benefits, we must grant leaving the job market to go into So- there have been efforts made by com- permanent normal trade relations with cial Security disability outnumbers munity organizations for free testing, Russia. the number of people who are going this is one of the exciting things about This is a great opportunity for our back to work. Let me repeat that. The the President’s Affordable Care Act. State of North Dakota to increase most recent unemployment report There is no question that after we trade with the ninth largest economy shows that the number of people leav- get finished with the political circus in the world. In 2011, last year, North ing the job market to go on Social Se- that we are forced to go through be- Dakota had over $46 million worth of curity disability outnumbers the num- cause of the coming election that more exports to Russia. This impacted 160 ber of people who are going back to and more Americans will understand jobs in our State directly. That number work. the benefits they are receiving even will grow significantly if we grant So, regardless of one’s political ide- now from this universal coverage, PNTR to Russia. On the other hand, ology, it’s truly unconscionable for the which so many people need, and the failing to grant them PNTR will sig- President or any Member of Congress dramatic decrease in cost when people nificantly impact North Dakota busi- to be calling for tax hikes on Ameri- are able to get preventative care. Pre- nesses as well as all American busi- cans when millions are out of work and ventative care is one of the major parts nesses. It will put us at a competitive the economy is still treading water. of the President’s Affordable Care Act. disadvantage. But, to make matters worse, this What it means is that people can now This is why it is important for Con- week many Democrat leaders in the go to doctors for regular checkups and gress to grant permanent normal trade Senate have said that they are willing can find out things in time to prevent relations with Russia and to do it as to allow these taxes to increase for all them from becoming more serious. quickly as possible.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11569 Mr. REED. I thank the gentleman for the defense budget by an identical $294 Madam Speaker, perhaps that is why his comments. million; he’s so determined to raise taxes on I also thank the folks who came to The Ag appropriations bill provides small businesses on January 1. Now the Chamber this morning, Madam $119 million less than the President re- Senate Democrats are saying that if Speaker, in a bipartisan fashion to rec- quested for WIC—the Women, Infants, they can’t get their small business tax ognize the need to grant PNTR status and Children’s program—which pro- hike, they’ll let taxes go up for every- to Russia in order for us—American vides badly needed nutrition assistance one. That’s just wrong. Let’s stop the manufacturers, American job cre- for poor pregnant women, new moth- tax hike for all Americans. ators—to take advantage of that trade ers, and children up to the age of 5. So, f opportunity that is represented by the if we are going to shortchange a pillar Russian accession to the WTO. of our safety net by $119 million, then RECESS If we go forward and grant PNTR sta- I believe the Department of Defense The SPEAKER pro tempore. Pursu- tus to Russia, United States exports can do without that same $119 million. ant to clause 12(a) of rule I, the Chair could double or, perhaps, even triple as b 1040 declares the House in recess until noon a result of the trade opportunity that today. Here’s the big ticket item: the Re- Russia represents to our American job Accordingly (at 10 o’clock and 43 publican budget. The budget that creators; and in the great State of New minutes a.m.), the House stood in re- passed this body in March zeroed out York, that means tremendous numbers cess. of jobs will be created. all funding for the Social Services As we all know, the number one issue Block Grant, including $1.7 billion in f facing us in this Chamber, in this city, cuts for next year. If my Republican b 1200 is: How are we going to grow jobs friends believe that we can’t afford $1.7 across America? As I said in the begin- billion next year to provide daycare, AFTER RECESS ning and as I will say again, American housing, home health care, home meal The recess having expired, the House trade opportunity, such as represented delivery, and other social services, was called to order by the Speaker at by Russia, equals American job oppor- then I say we can also eliminate a cor- noon. tunity. responding $1.7 billion in defense spend- f f ing. The fact is, Madam Speaker, defense PRAYER STOP SPENDING ON WEAPONS AND cuts are not only fiscally responsible Reverend Dr. Stan Ballard, Nettleton WARFARE; START INVESTING IN and morally defensible; they’re widely Baptist Church, Jonesboro, Arkansas, THE AMERICAN PEOPLE popular. USA Today reported yester- offered the following prayer: The SPEAKER pro tempore. The day on a new survey that shows that Father in Heaven, thank You for this Chair recognizes the gentlewoman from two-thirds of those living in Repub- unique privilege You have given me California (Ms. WOOLSEY) for 5 min- lican congressional districts believe today to pray and to ask Your bless- utes. that the defense budget is too large. ings on the Congress of the United Ms. WOOLSEY. Madam Speaker, this It is no secret that military spending States. I pray for Your wisdom and week, the House is debating the De- is widely out of control. Let’s remem- guidance to be given to each Member of fense appropriations bill, which pro- ber that none of this takes into ac- Congress. I pray for Your protection vides an excellent opportunity to point count the war in Afghanistan, which for them and their families. out something quite ironic about my isn’t funded through the appropriations Please reveal to each of them that colleagues in the majority because, process. On top of the bloated defense they have a great responsibility to vote Madam Speaker, for all of their talk budget, American taxpayers are shell- and conduct themselves according to about getting spending under control, ing out another $10 billion a month— Your divine will and purpose. Show that same rhetoric is surprisingly ab- not a year—for a decade-long war that them that they are accountable not sent when we are talking about the is failing to advance our national secu- only to the voters, but to You, Al- Pentagon budget, which we are talking rity objective. mighty God. about this week. It’s time to reverse this course. It’s Thank You for the United States and You see, they’re eager to slash and time to bring our troops home from Af- the freedom and opportunities we enjoy burn when it comes to programs that ghanistan. It’s time for the Pentagon as Americans. Thank You for allowing invest and support middle class work- to assume its share of the shared sac- us to be blessed by Your omnipotent ing families, but somehow, when it is rifice. It’s time to do the right and the hand for over 236 years. Your purpose is time for sacrifice to be shared, the sensible thing: stop spending on weap- for us to share Your blessings of love military industrial complex is nowhere ons and warfare and start investing in and grace to all people. We pray for a to be found. While we have to fight for the American people. strong economy and for national unity. every penny of domestic spending, the f We are blessed because You are our Pentagon simply fills in its amount on God. a blank check, it appears. So I think EXTENDING TAX RELIEF In Jesus’ name, amen. we ought to have a dollar-for-dollar The SPEAKER pro tempore. The match in spending cuts. Chair recognizes the gentleman from f I will be offering a series of amend- California (Mr. HERGER) for 5 minutes. THE JOURNAL ments to the DOD appropriations bill Mr. HERGER. Madam Speaker, com- that call for defense cuts in the exact ing from a small business background, The SPEAKER. The Chair has exam- amounts by which other important I originally ran for public office not be- ined the Journal of the last day’s pro- programs are being reduced. cause of what government was doing ceedings and announces to the House For example, the proposed Labor- for me, but rather what it was doing to his approval thereof. HHS-Education spending bill elimi- me. Pursuant to clause 1, rule I, the Jour- nates the title X program. Title X, the Many small business owners in my nal stands approved. family planning program that histori- northern California district feel the f cally has been passed with bipartisan same way, but apparently the Presi- support, has provided contraceptive dent isn’t getting that message. The PLEDGE OF ALLEGIANCE and preventive health services to low- other day he said: The SPEAKER. Will the gentle- income women for more than 40 years. If you’ve got a business, you didn’t woman from California (Ms. WOOLSEY) The Republicans want the title X $294 build that. Somebody else made that come forward and lead the House in the million investment gone. So let’s cut happen. Pledge of Allegiance.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11570 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Ms. WOOLSEY led the Pledge of Alle- spending by an additional $500 billion Mr. PALAZZO. Madam Speaker, I giance as follows: ‘‘would do real damage to our security, come before you today not just as a I pledge allegiance to the Flag of the our troops and their families, and our Congressman from Mississippi’s Fourth United States of America, and to the Repub- military’s ability to protect the Na- Congressional District, but also as a lic for which it stands, one nation under God, tion.’’ Marine veteran of the Persian Gulf War indivisible, with liberty and justice for all. Cuts of this nature would result in us and the only Member of this body that f having the smallest ground force since is currently serving as a noncommis- World War II, the smallest Navy since sioned officer in the National Guard, WELCOMING REVEREND DR. STAN World War I, and the smallest tactical BALLARD simply to say that one of the biggest Air Force since the Air Force was cre- threats to our national security that The SPEAKER. Without objection, ated in 1948. we face as a nation is the crippling de- the gentleman from Arkansas (Mr. Independent economists have testi- fense cuts that would put our men and CRAWFORD) is recognized for 1 minute. fied before the House Armed Services women in uniform at physical risk and There was no objection. Committee that these cuts will cause more than 1 million Americans out of Mr. CRAWFORD. Mr. Speaker, it is massive job losses, including as many work. an honor for me to introduce our guest as 4,000 in my State of Nevada, which It will harm folks like the 857th that pastor this morning, Dr. Stan Ballard. already suffers from the highest unem- I had the privilege to send off this For the past 30 years, Brother Stan ployment rate in the Nation. weekend as they are about to deploy to has pastored numerous congregations, The House has passed a plan to re- Afghanistan, or the more than 170,000 and today he serves as a pastor of my place these devastating cuts, maintain warfighters from all across the United family’s church, Nettleton Baptist in national security, and prevent job States who have come through the Jonesboro, Arkansas. losses. Today, I urge the administra- gates of Camp Shelby Joint Forces Brother Stan is a native Mississip- tion to outline its plan for addressing Training Center as part of the global pian and earned his undergraduate de- this situation. war on terrorism. gree from Mississippi State University. f Today, once more, I join my col- After graduating from Mississippi INTERNATIONAL AIDS leagues in asking the President and the State, he earned a bachelor’s degree CONFERENCE Senate Democrats to come to the from New Orleans Baptist Theological table, consider the solutions we’ve al- (Mr. CICILLINE asked and was given Seminary in New Orleans and a doc- ready brought forth, or propose your permission to address the House for 1 torate degree from Luther Rice Theo- own. The American people deserve an- minute.) logical Seminary in Atlanta. During swers on how these defense cuts will af- his career in ministry, Brother Stan Mr. CICILLINE. Madam Speaker, I rise today to recognize the Inter- fect them, and American soldiers de- has pastored churches in Louisiana, serve leadership from their Commander Mississippi, Ohio, and Arkansas. national AIDS Conference that will bring 25,000 men and women to Wash- in Chief. The pride and joy of Brother Stan’s f life are his wife, Beth, and their chil- ington, D.C., next week. As a country, we’ve made incredible dren and grandchildren. During their 42 AMERICAN COMPASSION FOR HIV/ strides in the three decades since the years of marriage, Stan and Beth have AIDS first cases of HIV/AIDS were identified been blessed with three sons and, more (Ms. WOOLSEY asked and was given in the United States. permission to address the House for 1 recently, four grandchildren. In the 1980s, after Ryan White, a minute and to revise and extend her re- On a personal level, I can say that teenager living in Indiana, acquired the marks.) Brother Stan has been a constant disease through a blood transfusion, Ms. WOOLSEY. Next week, more source of support and guidance for the his family had to fight their local than 20,000 delegates from around the entire Nettleton Baptist congregation. school board that feared he might in- world will convene in Washington for Any time a member of our congrega- fect his classmates simply by showing tion is in need, we can rely on Brother the International AIDS Conference. up for school. I find it ironic and a little bit sad Stan. Today, men, women, and children that, as so many mobilize to fight this It’s an honor to introduce Pastor with HIV are living longer, more ful- deadly epidemic, the majority in this Stan Ballard and welcome him to the filling lives due to advances in treat- body want to cut $150 million from U.S. House of Representatives. ment and a better understanding of the USAID’s global health initiative, which f disease. And just this week, the FDA funds AIDS prevention efforts. approved the first pill designed to help ANNOUNCEMENT BY THE SPEAKER When will we learn? Fighting dis- prevent healthy people from acquiring PRO TEMPORE eases in the developing world is more the virus. The SPEAKER pro tempore (Ms. But even today, HIV/AIDS is still an than a matter of humanitarian de- FOXX). The Chair will entertain 15 re- epidemic that primarily afflicts our cency. It’s also critical to our national quests for 1-minute speeches on each poorest and most vulnerable citizens security. This week, as we debate how much side of the aisle. across the world and even here in the money to appropriate to the Defense f United States. We must continue to Department, I hope we will remember work with advocates like those attend- SEQUESTRATION that defending America and our values ing next week’s conference so that one isn’t just about how many weapons we (Mr. HECK asked and was given per- day we can finally eradicate HIV/AIDS. mission to address the House for 1 In Rhode Island, EpiVax, under the build, but how many lives we save minute and to revise and extend his re- leadership of Dr. Annie DeGroot, is around the world. This is the core marks.) working to develop a globally acces- truth behind my SMART Security pro- Mr. HECK. Madam Speaker, I come sible vaccine, and I wish them great posal, that fighting terrorism and to the floor today to call on the admin- success in their important work. keeping our country safe depends less on American military force and more istration to inform the American peo- f ple how they intend to implement the on American compassion. sequester cuts mandated by the Budget THE DAMAGING EFFECTS OF f DEFENSE CUTS Control Act. With the failure of the b 1210 supercommittee, we now face defense (Mr. PALAZZO asked and was given cuts that everyone agrees are far too permission to address the House for 1 TAX HIKES steep. Secretary of Defense Leon Pa- minute and to revise and extend his re- (Mr. SAM JOHNSON of Texas asked netta has said that cutting military marks.) and was given permission to address

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11571 the House for 1 minute and to revise dress the House for 1 minute and to re- mitment to HIV/AIDS, not less; more and extend his remarks.) vise and extend his remarks.) advocacy, not less; more investment, Mr. SAM JOHNSON of Texas. Just Mr. DUNCAN of South Carolina. not less; more research, not less. when I thought the administration’s Madam Speaker, you know, last week f economic policies couldn’t get worse, the President said to American job cre- HONORING ARMY SPECIALIST SER- the President is now calling for a tax ators that if you’ve got a business, you GIO EDUARDO PEREZ AND ARMY increase that will hit 53 percent of didn’t build that; somebody else made SPECIALIST NICHOLAS ANDREW small business income. that happen. TAYLOR OF THE INDIANA NA- At a time when small businesses Well, let me tell you, Mr. President, TIONAL GUARD aren’t able to hire because of the con- that prior to coming to Congress I ran stant threat of higher taxes, that just my own business for 16 years. Where (Mr. PENCE asked and was given per- doesn’t make sense. was the President or this phantom per- mission to address the House for 1 The President’s tax plan does noth- son that he claims that created my minute and to revise and extend his re- ing to reduce the ever-increasing na- business? Where were they when I was marks.) tional debt. Instead of threatening job driving 60,000 miles a year chasing Mr. PENCE. Madam Speaker, I rise creators with more job-destroying business or putting in 16-hour days or with a heavy heart to remember two taxes, we need to cut spending, get our signing the loan paperwork at the bank Hoosier National Guardsmen who fell fiscal house in order, and ensure that so that I could make payroll or keep in Kandahar province, Afghanistan, on American families and businesses will the wheels turning on my vehicles? The 16 July, this week. Army Specialist not have to fork over more of their only other person that was there when Sergio Eduardo Perez of Crown Point, hard-earned money to Uncle Sam. I started my business was my wife, Indiana, and Specialist Nicholas An- drew Taylor of Berne, Indiana, both The President should recognize that Melody, who supported me in so many lost their lives in the same attack job creators put their own blood, ways. This asinine comment by the Presi- while courageously supporting combat sweat, and tears into building their dent of the United States clearly shows operations. own businesses and that the govern- that neither he nor anyone in the ad- Specialist Perez and Specialist Tay- ment shouldn’t be destroying small ministration know anything about cre- lor both served with the 713th Engineer business owners with any tax hike. ating jobs or running a business here in Company of the Indiana National f America. Guard based out of Valparaiso, Indiana. May God bless the real job creators Specialist Perez was born in Crown JOBS AND TAXES in America, and may God continue to Point, Indiana. He enlisted after grad- (Mr. BACA asked and was given per- bless this great Nation. uating from nearby Lake Central High mission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE School in 2010. By all accounts, he was minute.) The SPEAKER pro tempore. Mem- a young man who could get along with Mr. BACA. Madam Speaker, the bers are reminded to address their re- everyone. He was the pride of his fam- American people need Congress to take marks to the Chair. ily and would do anything for anybody. bold action to create jobs. While our f Army Specialist Nick Taylor was economy is slowly improving, unem- from a town in my district, Berne, In- ployment remains at 11.9 percent in my INTERNATIONAL AIDS diana. Despite receiving several offers hometown of San Bernardino County. CONFERENCE to play college football after grad- In the last 500 days since the Repub- (Mr. HONDA asked and was given uating from South Adams High School licans took control of the House, they permission to address the House for 1 in 2010, Taylor signed up to serve his have refused to move forward a real minute and to revise and extend his re- country in the Indiana National Guard. plan to put more Americans back to marks.) He was a hard worker, a man of integ- work. Instead of working to create Mr. HONDA. Madam Speaker, next rity. He excelled in everything he tried jobs, Republicans have passed a budget week marks the launch of the 19th and was active in the First Missionary that gives away $3 trillion in tax International AIDS Conference. It Church. breaks to big corporations and the brings together advocates and leaders Our hearts in Indiana are heavy as we ultra rich. It ends Medicare as we know from all over the world. remember those who lost their lives it by turning the program into a pri- The conference’s presence in the wearing the uniform of the United vate voucher system. United States for the first time in 20 States on our behalf and those they Just last week, the Republicans years is a testament to the hard work left behind. again voted to repeal the Affordable that members of the HIV/AIDS commu- On behalf of all Hoosiers, I extend Care Act, which benefits millions of nity, including many in my district our deepest sympathies to their fami- Americans. and my colleagues in Congress, like my lies, including Specialist Nick Taylor’s It’s time to stop the political games dear friend, BARBARA LEE, have done. father, Police Chef Timothy Taylor; his and get to work on finding real solu- In the 20 intervening years, we have mother, Stephania Taylor; his brother, tions to the problems we face. We must for the first time in a generation seen Drew; and sisters, Holly and Sophia; end the Bush tax cuts for the rich, pro- infection rates go down within the and Specialist Sergio Eduardo Perez’s tect Medicare, and work to create new United States and stabilize abroad. De- father, Sergio E. Perez, Sr., and moth- jobs for all Americans—and assure that spite these steps, however, it is clear er, Veronica Orozko. we don’t outsource those jobs as well. that we are still losing the war in key The Bible tells us the Lord is close to minority communities. Rising infec- the broken-hearted, and that shall be ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion rates in the African American, our prayer. The SPEAKER pro tempore. The Latino, Asian, and gay and lesbian f Chair will remind all persons in the communities are a stark reminder that gallery that they are here as guests of our work is not done. CONTINENTAL FLIGHT 3407 the House and that any manifestation It is fitting that our Nation’s Capital (Mr. HIGGINS asked and was given of approval or disapproval of pro- is hosting this critical event as it is in permission to address the House for 1 ceedings is in violation of the rules of the epicenter of this rising problem. minute.) the House. Washington, D.C., has a higher HIV/ Mr. HIGGINS. Mr. Speaker, in the f AIDS infection rate than most places wake of the tragic crash of Continental in Africa, primarily in these minority Flight 3407 in my western New York JOB CREATORS IN AMERICA communities. community, Congress successfully (Mr. DUNCAN of South Carolina From legislative action to grassroots passed comprehensive airline safety re- asked and was given permission to ad- efforts, now is the time for more com- forms. While final rules have begun to

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11572 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 be released for these reforms, there are those who attacked us on September Ms. PELOSI. I want to join my col- still many regulations yet to be final- 11, 2001. With extraordinary bravery, league, Congresswoman BARBARA LEE, ized and implemented. our troops have accomplished the mis- in acknowledging that this weekend we Yesterday, Congresswoman JEAN sion they were set out to do over 10 will begin the International AIDS Con- SCHMIDT and I, along with 44 of our col- years ago. Osama bin Laden has been ference, which will come to America leagues, sent a letter asking the Fed- brought to justice and al Qaeda has with a fitting theme: ‘‘Turning the eral Aviation Administration to take been largely crushed. Our troops have Tide Together.’’ immediate action on finalizing long done their job. Many of them—over It has a long history. In 1990, expert overdue rules on crew training. This 2,000 of them, in fact—have given their scientists and political officials from rule would mandate additional training lives not only to defend our freedoms across the globe gathered in San Fran- and evaluation of requirements, ensur- but those of Afghans as well. cisco, in my district, for the Inter- ing that those working aboard an air- After 10 years of war and reconstruc- national AIDS Conference to turn our craft are best equipped to handle po- tion, it’s time for Afghans to stand up promise of leadership into progress. tential emergency situations. for Afghanistan, and it’s time for us to Since that time, however, the con- Mr. Speaker, the National Transpor- do our job and bring our troops home. ference has never returned to an Amer- tation Safety Board found that be- We can continue to defend ourselves ican venue for two decades. The orga- tween 1988 and 2009 inadequate training from terrorists without tens of thou- nizers point to our longtime shameful was found to be a leading factor in 178 sands of troops fighting a ground war travel ban on those with HIV/AIDS. accidents. The crash of Flight 3407 was in Afghanistan. The $88 billion we’re Next week, when the conference as- preventable. Each day that these rules talking about putting into Afghanistan sembles right here in our Nation’s Cap- go unfinished carries a potential risk in this Defense appropriations bill this ital, the world will see how far we’ve to the flying public. week could build our own infrastruc- come. Together, we will commit to ture and create jobs and economic op- f turning the tide, as the theme indi- portunity right here at home. It is lu- cates, toward the next stage in our CONGRATULATING CALIFORNIA dicrous to be spending such large sums fight: fewer infections and a cure and STATE UNIVERSITY, FUL- rebuilding other countries when our an end to HIV/AIDS. LERTON, PRESIDENT MILDRED own economic problems are so large Consider what this Congress has GARCIA and persistent. Our greatest leaders done: funding the Ryan White CARE say our greatest threat is not a mili- (Ms. LORETTA SANCHEZ of Cali- Act, creating housing opportunities for tary one, but an economic one. fornia asked and was given permission people with HIV, and expanding access to address the House for 1 minute and f to Medicaid for people with HIV, but to revise and extend her remarks.) SEQUESTRATION TRANSPARENCY not full-blown AIDS. That’s an early Ms. LORETTA SANCHEZ of Cali- ACT intervention. Also, increased invest- ments in research, care, treatment, and fornia. Madam Speaker, I rise today to (Mr. WELCH asked and was given intervention by more than half a bil- congratulate recently appointed Presi- permission to address the House for 1 lion dollars. dent Mildred Garcia of the California minute and to revise and extend his re- And in response to the global chal- State University system’s Fullerton marks.) lenge and the leadership of Congress- campus. Mr. WELCH. Madam Speaker, this President Garcia currently serves on afternoon the House is going to take up woman BARBARA LEE, we have sup- the Commission on Educational Excel- the Sequestration Transparency Act. ported global solutions by increasing lence for Hispanics, and she was ap- It’s harmless enough, but it doesn’t do funds for bilateral AIDS efforts during pointed to that by President Obama. anything. What is it? A year ago, Mr. the Clinton administration; making the first American contribution to the Previously serving as the 11th female BOEHNER and Mr. MCCONNELL took this president for California State Univer- country to the brink of debt default. Global Fund to Fight AIDS, Tuber- sity, Dominguez Hills, President Gar- They demanded that we cut spending culosis, and Malaria in 2000; and work- cia became the first Latina president by $1.2 trillion to offset the increase in ing with Presidents Bush and Obama to within the California State University the debt limit. Now, their plan was to establish PEPFAR. I know that it is a system in 2007. have the supercommittee get the job great source of pride to President She began her career as an educator. done any way they wanted to balance George W. Bush for the leadership he She’s still an educator, still teaching the cuts and revenues. But if that provided, the support he gave, and the at Cal State, Fullerton, while having failed, they had a backup. The backup pride I think he takes in PEPFAR—and the presidency, also. She is a scholar. was automatic cuts that would be half we salute him for that. President Garcia focuses much of her Pentagon and half discretionary. President Obama has continued that research on fairness for higher edu- Now the day arrives. January 1, 2013, work, more than doubling the support cation policy and practice, and she has those cuts go into effect, but they for global health initiatives and dou- authored many books on this subject. don’t want the cuts to go into effect. bling our investment in the Global I wish her great success in her new So this legislation tells the Congres- Fund. These commitments and more position and, again, congratulations, sional Budget Office to look at the law have helped families in the United Millie. we passed and tell us what did we do, States and the villages of Africa and why did we do it, what will happen if communities worldwide. f what we order to be done is allowed to These actions have saved lives, but b 1220 be done. This is a ‘‘Comedy Central’’ there’s much more to do. With the International AIDS Conference coming CONTINUING COSTS OF OPERATION joke. We have to have a balanced ap- proach to a serious problem, but that to Washington, DC, we have an oppor- ENDURING FREEDOM IN AF- means making decisions today about a tunity to recommit ourselves to the GHANISTAN balanced approach that includes reve- cause of a world without HIV/AIDS. (Mr. SCHRADER asked and was nues, includes the Pentagon, and in- That is the challenge. That is the goal. given permission to address the House cludes domestic discretionary. We can turn the tide together. for 1 minute.) f After 25 years in Congress, little sur- Mr. SCHRADER. I rise today to sup- prises me anymore; but one thing that port our planning for a safe and respon- INTERNATIONAL AIDS does is that after all this time we still sible withdrawal from Afghanistan in CONFERENCE do not have a cure. But we’re hopeful. the very, very near term. No one has (Ms. PELOSI asked and was given And when the AIDS conference opens forgotten why we went into Afghani- permission to address the House for 1 its doors next week, we must stand stan: to rout out and bring justice to minute.) united in our pledge to discover a cure

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11573 and raise an AIDS-free generation. ness owners and the people that are But, Madam Speaker, Republicans have Science is making progress. We have a working hard out there in a tough stopped the vote on the DISCLOSE moral obligation to support that. It economy and, in many cases, working Act. The Democrats have signed the has been done in a bipartisan way hard in spite of the many rules and reg- discharge petition to bring it up to under President Bush’s leadership, ulations coming out of this Obama ad- vote. We must bring it up to vote, under President Clinton, and under ministration that’s making it even Madam Speaker. We must show the President Obama. Hopefully, we can harder for them to create jobs and is people that America is not for sale. continue to do that. one of the biggest reasons that we’ve f We can and we must work together seen so many jobs outsourced by this THE FARM BILL to make HIV/AIDS a very, very sad President, who could be called the memory and certainly not part of our Outsourcer in Chief for all of the mil- (Mr. COSTA asked and was given per- future. I thank you, Congresswoman lions of jobs that have left this country mission to address the House for 1 LEE, for your tremendous leadership to go to other countries in the last 31⁄2 minute and to revise and extend his re- locally and globally and in every way, years. marks.) and certainly in this Congress of the There was a report that just came Mr. COSTA. Madam Speaker, despite United States. out yesterday by the National Federa- our economic challenges, agriculture is f tion of Independent Businesses that one of the bright spots in our economy. showed the President’s newest tax pro- Last week, the House Agriculture Com- DISCLOSE ACT posal to raise taxes on small business mittee, in an overwhelming bipartisan (Mr. DEUTCH asked and was given owners will cost 700,000 jobs. That’s fashion, sent a simple message: We permission to address the House for 1 Friday the 13th for every small busi- need a farm bill now. minute and to revise and extend his re- ness owner out there trying to get the We have challenges in American agri- marks.) economy back on and trying to keep culture to be sure, such as dairy price Mr. DEUTCH. Madam Speaker, it’s their businesses afloat. That’s over fluctuations, the current drought af- clear that my Republican colleagues 10,000 jobs lost just in Louisiana. This fecting crops nationwide, and creating cherish the many tax loopholes that needs to stop. We need to stop raising a level playing field for farmers to funnel billions to oil companies, taxes on business owners. compete in foreign markets. This bill outsourcers, and operators bent on re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE isn’t perfect, but there’s a great deal of pealing Wall Street reform. That’s why The SPEAKER pro tempore. Mem- consensus in it. Our farmers need cer- they’ve killed the DISCLOSE Act, bers are reminded to refrain from en- tainty, and only a farm bill can give which would close loopholes used by gaging in personalities toward the them that. special interests to secretly spend un- President. There are 11 days left for the House limited sums of corporate cash in our to vote on a farm bill before the Au- elections. f gust recess. The American people are As terrible as Citizens United was, it MESSAGE FROM THE PRESIDENT tired of Congress bickering just to keep did not include a right to buy elections A message in writing from the Presi- the lights on. This legislation has bi- anonymously. No, it is the Republican dent of the United States was commu- partisan support in the committee and Congress that protects the identities of nicated to the House by Mr. Brian in the United States Senate. those writing these multimillion-dollar Pate, one of his secretaries. Madam Speaker, if the leadership of checks. They want a battle of bank ac- this House is serious about providing counts, Madam Speaker, because they f certainty and promoting economic know that they can’t win a battle of b 1230 growth, they will bring this legislation ideas. They can’t run on deregulating to the floor for a vote now. THE BUYING OF AMERICA Wall Street when America’s financial The farm bill has traditionally been a security is still at risk. They can’t run (Ms. HANABUSA asked and was bipartisan effort. Let’s keep it that on cutting taxes for billionaires when given permission to address the House way. they block every effort to create mid- for 1 minute.) f dle class jobs. And they can’t run on Ms. HANABUSA. Madam Speaker, THE DISCLOSE ACT cut, cap, and balance when the only when the Supreme Court decided Citi- thing that they cut is our seniors’ zens United, it opened the floodgates to (Mr. YARMUTH asked and was given health care. special interests. This country is faced, permission to address the House for 1 If my Republican colleagues believe for the first time, with a small number minute.) they are worthy of competing in the influencing our elections, something Mr. YARMUTH. Madam Speaker, great battle of ideas that is our democ- that we’ve never experienced before. twice this week, Senate Republicans racy, they should put their mouths Let us all remember that it is our elec- blocked a vote on the DISCLOSE Act, where their money is and pass the DIS- tions and our right to vote which which would shine a much-needed light CLOSE Act. makes us the great nation that we are. on the dark corners of secret, anony- f It is what people have gone to war for mous political spending. The bill and died for. stands on a simple idea: Voters have a STOP RAISING TAXES ON SMALL But now we’re seeing the buying of right to know who is trying to influ- BUSINESSES America. We have been told that about ence their votes. (Mr. SCALISE asked and was given 600 super PACs have raised over $240 This year alone, more than 600 super permission to address the House for 1 million, and they’ve already spent over PACs have spent $133 million on out- minute.) $113 million on our elections. We do side ads—most of which have been neg- Mr. SCALISE. This past Friday the know that the Republican donors are ative and, many, dishonest. It’s much 13th, President Obama was out on the famous brothers, and they, with their easier to lie about a candidate when campaign trail, as he seems to be all friends, have spent about $400 million you’re anonymous—and when you can’t the time, and he actually had the nerve in the upcoming election. And we also be held accountable. to say: know that there’s a Republican donor The American people see the damage If you’ve got a business, you didn’t casino owner who has already spent $71 being done. More than three-quarters build it. Somebody else made it hap- million to affect our elections. of voters believe financial campaign re- pen. We can’t prohibit the spending, but form is a key national issue, and the That statement shows not only the we can require transparency so that vast majority of Americans oppose the contempt, but the arrogance, that this the public knows who is spending this Citizens United decision, which opened President has towards our small busi- money. This is the DISCLOSE Act. the floodgates for outside spending and

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11574 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 dishonesty in elections. But even in the being wasted on campaign overkill to and pass the bill (H.R. 5872) to require Citizens United decision, the Supreme help our seniors afford food and to bal- the President to provide a report de- Court anticipated that Congress would ance the national budget. tailing the sequester required by the require disclosure as a critical means f Budget Control Act of 2011 on January of providing transparency in cam- 2, 2013, as amended. paigns. CONTINUATION OF THE NATIONAL The Clerk read the title of the bill. Madam Speaker, the voters have a EMERGENCY WITH RESPECT TO The text of the bill is as follows: right to judge the credibility of cam- SIGNIFICANT TRANSNATIONAL H.R. 5872 paign ads, and they can’t do that with- CRIMINAL ORGANIZATIONS— Be it enacted by the Senate and House of Rep- out disclosure of those who are paying MESSAGE FROM THE PRESIDENT resentatives of the United States of America in for them. OF THE UNITED STATES (H. DOC. Congress assembled, NO. 112–125) SECTION 1. SHORT TITLE. f This Act may be cited as the ‘‘Sequestration AMERICA FOR SALE The SPEAKER pro tempore laid be- Transparency Act of 2012’’. fore the House the following message SEC. 2. SEQUESTER PREVIEW. (Ms. SPEIER asked and was given from the President of the United (a) IN GENERAL.—Not later than 30 days after permission to address the House for 1 States; which was read and, together the date of enactment of this Act, the President minute.) with the accompanying papers, referred shall submit to Congress a detailed report on the Ms. SPEIER. Madam Speaker, I re- to the Committee on Foreign Affairs sequestration required to be ordered by para- gret to say that America is for sale and and ordered to be printed: graphs (7)(A) and (8) of section 251A of the Bal- the White House will go to the highest anced Budget and Emergency Deficit Control bidder. Seventeen people have given $1 To the Congress of the United States: Act of 1985 (2 U.S.C. 901a) for fiscal year 2013 on million to the biggest conservative Section 202(d) of the National Emer- January 2, 2013. gencies Act (50 U.S.C. 1622(d)) provides (b) CONTENTS OF REPORT.—The report re- PACs in this country, and those con- quired by subsection (a) shall include— tributions represent more than one- for the automatic termination of a na- (1) for discretionary appropriations— half what those PACs have received. tional emergency unless, within the 90- (A) an estimate for each category of the se- Who are these 17 people? Well, the day period prior to the anniversary questration percentages and amounts necessary median age is 66, the median wealth is date of its declaration, the President to achieve the required reduction; and (B)(i) for accounts that are funded pursuant $1 billion, and they’re interested in a publishes in the Federal Register and transmits to the Congress a notice to an enacted regular appropriation bill for fis- couple of things. They want to elimi- cal year 2013, an identification of each account nate inheritance tax, they want to ex- stating that the emergency is to con- to be sequestered and estimates of the level of tend the Bush tax cuts for the wealthy, tinue in effect beyond the anniversary sequestrable budgetary resources and resulting and they want to slash the highest tax date. In accordance with this provision, reductions at the program, project, and activity brackets. I have sent to the Federal Register for level based upon the enacted level of appropria- Let’s talk about one of them. publication the enclosed notice stating tions; and Mr. Adelson has contributed $25 mil- that the national emergency declared (ii) for accounts that have not been funded pursuant to an enacted regular appropriation lion, $10 million to Mr. Romney’s Re- in Executive Order 13581 of July 24, 2011, is to continue in effect beyond bill for fiscal year 2013, an identification of each store Our Future. What is $10 million account to be sequestered and estimates pursu- in his budget like? Well, his $10 million July 24, 2012. ant to a continuing resolution at a rate of oper- is a contribution in $24 billion of net The activities of significant ations as provided in the applicable appropria- worth. How does that compare? Well, transnational criminal organizations tion Act for fiscal year 2012 of the level of that would be like a $40 contribution to have reached such scope and gravity sequestrable budgetary resources and resulting someone whose net worth was about that they threaten the stability of reductions at the program, project, and activity international political and economic level; $100,000. So Mr. Adelson can give a lot (2) for direct spending— more money with much less effort. systems. Such organizations are be- (A) an estimate for the defense and non- f coming increasingly sophisticated and defense functions based on current law of the dangerous to the United States; they sequestration percentages and amount necessary THE DISCLOSE ACT are increasingly entrenched in the op- to achieve the required reduction; and (Ms. KAPTUR asked and was given erations of foreign governments and (B) an identification of the reductions re- permission to address the House for 1 the international financial system, quired for each nonexempt direct spending ac- thereby weakening democratic institu- count at the program, project, and activity level; minute.) (3) an identification of all exempt discre- Ms. KAPTUR. When six Wall Street tions, degrading the rule of law, and tionary accounts and of all exempt direct spend- megabanks control two-thirds of the undermining economic markets. These ing accounts; and wealth of our Nation, it’s too much organizations facilitate and aggravate (4) any other data and explanations that en- economic power in too few hands. And violent civil conflicts and increasingly hance public understanding of the sequester when undisclosed billionaires spend bil- facilitate the activities of other dan- and actions to be taken under it. lions on political campaigns and they gerous persons. (c) AGENCY ASSISTANCE.—(1) Upon the request The activities of significant of the Director of the Office of Management and crush the voices of ordinary citizens, Budget (in assisting the President in the prepa- it’s too much political power in too few transnational criminal organizations ration of the report under subsection (a)), the hands. continue to pose an unusual and ex- head of each agency, after consultation with America must put an end to the in- traordinary threat to the national se- the chairs and ranking members of the Commit- fluence of secret money on our elec- curity, foreign policy, and economy of tees on Appropriations of the House of Rep- tions. The DISCLOSE Act of 2012 would the United States. Therefore, I have de- resentatives and the Senate, shall promptly pro- shine the light on the secret money in termined that it is necessary to con- vide to the Director information at the program, political campaigns. But the Repub- tinue the national emergency declared project, and activity level necessary for the Di- in Executive Order 13581 with respect rector to prepare the report under subsection lican leadership won’t bring it up, even (a). though Americans, three-quarters of to significant transnational criminal (2) As used in this subsection, the term ‘‘agen- our voters, think that campaign fi- organizations. cy’’ means any executive agency as defined in nance reform is a key issue for the BARACK OBAMA. section 105 of title 5, United States Code. election, and 69 percent of the public THE WHITE HOUSE, July 18, 2012. The SPEAKER pro tempore. Pursu- believes that super PACs should be ille- f ant to the rule, the gentleman from gal. Yet House Republican leaders Wisconsin (Mr. RYAN) and the gen- SEQUESTRATION TRANSPARENCY refuse to bring up the DISCLOSE Act. tleman from Maryland (Mr. VAN HOL- ACT OF 2012 It’s long past due that we put power LEN) each will control 20 minutes. back in the hands of ordinary citizens. Mr. RYAN of Wisconsin. Madam The Chair recognizes the gentleman In fact, let’s rechannel the billions Speaker, I move to suspend the rules from Wisconsin.

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A coali- damage to our security, our troops and their remarks and include extraneous tion recently reported that the cuts to their families, and our military’s abil- material on H.R. 5872, currently under the National Institutes of Health alone ity to protect our Nation.’’ consideration. would cut 33,000 jobs. That means fewer But although I compliment the rank- The SPEAKER pro tempore. Is there people investigating cures and treat- ing member, I find it more challenging objection to the request of the gen- ments to diseases that plague every to compliment the Democrat Senate tleman from Wisconsin? American family. That’s just one small Majority Leader. Senator REID has There was no objection. example on the nondefense side. said: I’m not going to back off seques- Mr. RYAN of Wisconsin. Madam But, Madam Speaker, I believe, given tration. That’s what he has said. Thus, Speaker, I yield myself 2 minutes. what we know, we should be focused we are looking at a 10 percent real cut Madam Speaker, here’s basically why today and every day on avoiding the in our national defense. we are here today with the Sequester sequester. In the Budget Committee Madam Speaker, I also picked up Transparency Act. As a background, proceedings, the Democrats offered an Monday’s edition of The Washington under the current law, because the alternative approach. I’ve got it right Post—not exactly known as a bastion supercommittee was unable to agree on here in my hand. It called for a bal- of conservative thought—and I read the a deficit-reduction package, the Office anced approach to replacing the se- headline: ‘‘Democrats Threaten to Go of Management and Budget will imple- quester, the kind of balanced approach Over Fiscal Cliff if GOP Fails to Raise ment a $110 billion across-the-board that every bipartisan commission that Taxes.’’ cut—which we have referred to as a se- has looked at our deficit challenge has So on the one hand, again, this is a quester or a sequestration—on January recommended. It included a combina- very simple piece of legislation that I 2, 2013. This comes half on defense, half tion of cuts, such as direct payments in have coauthored with the chairman of on domestic discretionary—in other excessive farm subsidies. It also in- the House Budget Committee. It sim- words, a $55 billion cut, which is a 10 cluded cuts to things like big oil com- ply says: Mr. President, since under se- percent cut to defense immediately, panies, eliminating taxpayer subsidies. questration you get to call a lot of the and then an 8 percent cut to domestic That plan would totally replace the se- shots—according to the Congressional discretionary—but we do not know the quester for 1 year; and it wouldn’t have Budget Office ‘‘the administration’s actual reductions that will result from to have the deficit, the impact that OMB has sole authority to determine this sequester. we’ve heard about. whether a sequestration is required, As we debate this bill today, we will So great to get more information, and if so the proportional allocations probably not be able to avoid the con- may have a unanimous vote here today of any necessary cuts’’—all this is say- tentious issues on the sequester, but in the House; but let’s take a balanced ing: Mr. President, show us your hand, let’s not lose sight of the fact that the approach to reducing our deficits, and show us your plan. Let the American bill before us simply directs the Office let’s take a balanced approach to re- people know what the true impact is of Management and Budget to tell us placing the sequester. going to be on our national defense, on how they will implement the sequester. I reserve the balance of my time. our economy, on a number of vital So we’re just asking for more trans- Mr. RYAN of Wisconsin. Madam services, because you have the discre- parency and more details. Within 30 Speaker, at this time I’d like to yield 5 tion. That’s all this bill does. But I days, they should give us the plan on minutes to the author of this bill, the fear, to some extent, it may mask an- how they will do this. chairman of the House Republican Con- other agenda on what the debate is This bill is essentially about trans- ference, the gentleman from Texas (Mr. really about. parency. It’s not re-litigating the budg- HENSARLING). Madam Speaker, I need not tell you et fight; it’s about making sure that we Mr. HENSARLING. I thank the gen- we continue to face the weakest, slow- have as much information as we can to tleman for yielding. est recovery in the post-war era, and make the right decisions. It’s about Madam Speaker, we know our Nation there are some who seem to have an carrying out a constitutional duty to faces very serious threats overseas, but ideological passion for raising taxes on ensure that laws are faithfully exe- we also have a very serious domestic the American people. An earlier speak- cuted and that we fully understand the threat as well, and that is our national er got up in an earlier debate and said Budget Control Act sequester, how it’s debt, a debt that has increased more in that the largest small business group going to be implemented. It has strong bipartisan support. The the last 3 years on a nominal basis in America, the National Federation of House Budget Committee voted 30–0 to than in the previous 200. Thus, the Independent Business, has just released report this bill here to the floor, and Budget Control Act. The Budget Con- a new study saying that the President’s the Senate has passed similar legisla- trol Act, because, as the chairman of tax plan will cost 710,000 jobs—jobs of tion on a bipartisan basis. the House Budget Committee pointed working families—and those same With that, Madam Speaker, I reserve out, the supercommittee—on which I working families will see their wages the balance of my time. served, as did the ranking member—did fall by 1.8 percent. Mr. VAN HOLLEN. Madam Speaker, not prove so super, we are staring into So why would we want to raise taxes I yield myself 3 minutes. the face of a sequester. on anybody in this economy? Well, Madam Speaker, I support this legis- So I would like to not only com- someone pointed out, well, we need to lation. As the chairman of the Budget pliment the chairman of the House reduce the deficit—and we do. But, Committee said, it passed unanimously Budget Committee for his leadership in Madam Speaker, if you do the math out of the Budget Committee. bringing an alternative to this very, I and give the President the top increas- I believe that more information is believe, destructive sequester that still ing tax rates in the top two tax brack- better than less. I also believe, and maintains the deficit reduction levels ets, not only does it destroy jobs; it’s from the comments I’ve heard from of the Budget Control Act, but I also about 2 to 3 percent of his 10-year colleagues on both sides of the aisle, we want to compliment the Democrat spending budget. So it harms jobs, and also agree that we have enough infor- ranking member for also offering an al- it doesn’t solve the problem. I fear it is mation to know right now today that ternative plan. It is one I disagree diversion from the failed policies that an across-the-board, meat-ax approach with, one that, by my reckoning, in- we have seen from this administration to reducing the deficit—a sequester—is cludes 73 percent tax increases. But he that has created the worst unemploy- a reckless way to deal with our budget. should be applauded, and House Demo- ment crisis since the Great Depression.

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But I would hope that we would at Sequestration, which would trigger fornia (Mr. MCKEON), the distinguished least have a growing consensus that we those automatic cuts, was put in place chairman of the House Armed Services shouldn’t decimate national defense, to force Congress to work to find a bi- Committee, and ask unanimous con- and there should at least be trans- partisan, balanced approach to deficit sent that he be allowed to yield that 5 parency. I urge all of my colleagues to reduction. Today’s legislation does not minutes as he chooses. support the Sequestration Trans- move us any closer to achieving that The SPEAKER pro tempore. Without parency Act. goal. objection, the gentleman from Cali- fornia will control the time and is rec- b 1250 Time and again, the Republicans in Congress have rejected a balanced ap- ognized for 5 minutes. Mr. VAN HOLLEN. Madam Speaker, proach that would include spending There was no objection. I thank the gentleman from Texas for cuts and revenue and economic growth. Mr. MCKEON. Madam Speaker, I his comments about the supercom- They reject a balanced approach that thank the gentleman for yielding, and mittee. I think we all wished it had would protect our Nation’s short-term I thank him and Chairman RYAN for succeeded. It did not, but it was a economic recovery and create the right bringing this bill to the floor. It is privilege to serve with my colleague environment for long-term growth. greatly needed. from Texas. They reject a balanced approach, as Barring a new agreement between Let me just make a quick correction you heard before, that has been rec- Congress and the White House on def- on the math. I think everybody knows, ommended by every bipartisan com- icit reduction, over $1 trillion in auto- under the Budget Control Act, which mission, that would move our country matic cuts, known as sequestration, was enacted last September, we cut $1 forward by making tough yet respon- will take effect. Although the House has passed a measure that would trillion from the budget, 100 percent sible choices on the deficit and would achieve this necessary deficit reduc- cuts. reflect America’s priorities and build tion to avoid sequestration for a year The alternative that the Democrats America’s economic strength. have proposed to the sequester takes a The American people deserve to and give us time to work on it outside of election-year pressure, the Senate balanced approach of additional cuts, know the impact of across-the-board has yet to consider any legislation. but also revenue. In fact, the 1-year cuts resulting from the failure of the Now, I hear a lot of good ideas from proposal that we put forward puts addi- Republican majority to find that com- tional cuts in direct payments, exces- the other side and they talk about in- mon ground and avoid sequester. But creased revenue. All I’m saying is put sive subsidies under the farm bill. they also deserve real solutions, some- Yes, we also eliminate taxpayer sub- it down on paper. thing the Republican majority has yet We have a process by which we work. sidies to the big oil companies. Former to deliver. It’s outlined in the Constitution of the President Bush testified that, when Their so-called solution, their budg- United States. One body passes legisla- oil’s over $50 a barrel, you don’t need et, the House Republican budget, takes tion, the other body passes legislation, taxpayers shelling out dollars to en- a partisan, one-sided approach to def- a conference committee is formed, and courage big oil companies to invest. So icit reduction. It relies solely on spend- the differences are resolved. It goes we think we should eliminate those ing cuts and directs the $100 billion back to the bodies for final passing and subsidies to help remove the sequester, cuts next year from sequestration to then goes to the President for his sig- including the sequester on defense. come only from one part of the budget: nature. Let’s make no mistake. The reason non-defense discretionary. All of the We have taken action in the House. we’re here is that our Republican col- $100 billion cuts next year would come We’re waiting for the other body to leagues deliberately chose, as part of from our domestic priorities: health take some action. the sequester, to put defense spending care, education, scientific research, The President weighed in on this. He on the chopping block along with other transportation, law enforcement, to submitted a budget. His budget sought spending. That was the choice above an name a few. $1.2 trillion in alternate deficit reduc- offer to deal with revenue as part of a Their budget fails to require other tion. He followed the process. That sequester. And when the choice boiled even larger parts of the Federal budget budget was defeated in a bipartisan, bi- down to cutting tax subsidies for oil to reduce costs and be more effective. cameral manner. Now, we need another companies and other special tax breaks Their budget fails to protect our fragile bill that we can work on. or cutting defense, Republicans chose economic recovery. It fails on eco- This impasse and lack of a clear way to put in the sequester cutting defense. nomic growth. They should work to- forward has created a chaotic and un- Now, I know we have a hearing today gether with Democrats to make a real certain budget environment for indus- in the Armed Services Committee. I deficit reduction-economic growth try and defense planners. Compounding see the distinguished chairman on the package for the United States of Amer- the issue is a lack of guidance from the floor today. I have to commend him be- ica. administration on how to implement cause he has said before that if he were Mr. RYAN of Wisconsin. Madam sequestration. faced with that choice he would take Speaker, I yield myself 30 seconds sim- We just held a hearing in the Armed that mixed, more balanced approach. ply to say that when we hear the words Services Committee where we had in- And that ultimately is what we’re ‘‘balanced approach,’’ what that means dustry leaders come in to tell us the going to have to do. That’s the ap- to taxpayers in this country is, You problems they’re having on getting proach that’s been taken by every bi- give us your checkbook and we’ll bal- guidance. partisan commission that’s looked at ance it the way we think it ought to be You know, I come from a small busi- this challenge. balanced here in government. Govern- ness background, nothing like building With that, I yield 2 minutes to the ment first, taxpayers second. That’s planes or ships or boats or the other gentlewoman from Pennsylvania (Ms. what the so-called ‘‘balanced ap- things that our warfighters need to SCHWARTZ), a member of the Budget proach’’ means. It means keep feeding carry out their mission. Committee. higher spending with higher taxes. And I might remind people that we Ms. SCHWARTZ. I appreciate the op- The problem is, Madam Speaker, the are at war. We do have warfighters portunity to speak for just a couple of arithmetic just doesn’t add up. You lit- going outside the wire, as we speak, minutes on the legislation before us. erally cannot tax your way out of this every day, putting their lives on the I do support a transparent process mess. Spending is the cause. We need line, and they’re watching this. that would better ensure that there’s to address our spending. The sooner we They’re watching what we’re doing. public information on the impact of se- do it, the sooner we can get back on to They’re wondering if they’re going to questration which, of course, is the a path to prosperity. have the things that they need to carry automatic spending cuts that are With that, Madam Speaker, I yield 5 out this mission and to return home scheduled for next year. minutes to the gentleman from Cali- safely.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11577 My business, as I said, was a small I would just say—and I want to make I now yield 2 minutes to a member of family business. We were in the west- sure the chairman is on the floor now the Budget Committee, the gentlelady ern wear business. We sold boots and and has a chance to respond—that he from Oregon (Ms. BONAMICI). hats in a retail way. And we would go, demonstrated some leadership on this Ms. BONAMICI. Thank you, Con- my brothers and I, family business, issue last fall because he was asked gressman VAN HOLLEN, for yielding. would go to the market in January. We this question. He was asked if he had to I rise in support of the Sequestration would buy for our needs for the next 6 put together a plan that included some Transparency Act. months. We would buy shirts, hats, revenue. He said, Yes, I understand We have all heard concerns back jeans, boots. And then our suppliers that we’ve got to make cuts, but I’d home about partisan gridlock in our would go to their suppliers and buy the rather include some revenue than deep Nation’s Capitol. Our constituents con- things they need to make those things, cuts to defense. In fact, what he said tinue to ask us: Is there any way to and then they would ship them to us in was: overcome this gridlock to solve the an orderly manner, and then we would We’re going to have to stop repeating ideo- problems facing our country? They ask be able to have the product on the logical talking points and address our budget if it is getting better, if Congress can shelves when our customers came in in problems comprehensively through smarter actually do something. Can we get February, March, April, May. spending and increased revenue. things done? These industry leaders are asking for When asked to choose between deeper With the end of the year approaching a little guidance. All they know is the cuts in defense and cutting some tax and with our country’s inching ever law, as we have it now, kicks in Janu- breaks, he said we should cut some tax closer to the so-called ‘‘fiscal cliff,’’ ary 2, says that there will be no breaks. the questions from our constituents thought, no planning, just we take out That was last fall. That’s exactly the take on a new urgency. They want to the budget and cut every line item by kind of balanced approach that the know what is going to happen if the a margin, 8, 12, 20 percent, whatever it Democrats put forward in the Budget budget sequestration is allowed to go is, realizing we’re already a quarter of Committee. The chairman of the com- into effect, and they want to know if the way into the year. mittee asked for a specific plan. We Congress can function well enough to One of the leaders gave us this quote had a vote on it in the Budget Com- avoid the doomsday scenarios that in this conference. This is Sean mittee. We wish that our colleagues many economists are predicting if se- O’Keefe, president and CEO of EADS would have supported it. It would have questration does occur. Up until now, North America and chairman of the prevented the sequester from taking we have not been able to offer them National Defense Industrial Associa- place for another year, and it would much in the way of positive news, and tion. And I quote: have eliminated all of the uncertainty we’ve had to tell our constituents that Most immediately, the administration the chairman of the Armed Services we’re not quite sure what sequestra- must communicate today its sequestration Committee just talked about. tion will mean for our communities. implementation to the public, our Armed The reason that we haven’t been able Forces, and to industry. to move forward is that our Republican Now, this bill doesn’t solve the prob- The current uncertainty has effectively colleagues continue to insist on sup- lems our constituents will face if se- put sequestration and its consequences in porting these tax breaks for special in- questration actually goes into effect— motion. In the absence of any guidance, in- terests and tax breaks for folks at the the lost jobs or the damage to our still dustry is already holding back investments, very top and that they refuse to elimi- struggling economy—but it does give questioning the fairness of ongoing competi- us valuable information about what tions, doubting the viability of existing con- nate those tax breaks for the purpose of reducing the deficit or for the pur- might happen. It will allow us, the tracts, and starting to trim capacity. body that brought us here in the first In the absence of definitive guidance from pose of eliminating the sequester on the DOD, the OMB, and the Defense Contract defense and non-defense. That’s why we place with the passage of the Budget Management Agency, we feel compelled to are in the situation we are in right Control Act, to at least better under- act in the spirit of this law and, in all likeli- now. The keys to the lock are in the stand the consequences of our actions. hood, will issue WARN notices to those em- hands of our Republican colleagues. Importantly, it signals a bipartisan ac- ployees engaged in ongoing Federal contract tion on the part of Congress to ask: activities. We had the same proposal ready to bring to a vote before the whole House How bad will this be? b 1300 of Representatives as part of the rec- If there is a silver lining to be found, We are going to put thousands of peo- onciliation process. The Rules Com- it is that we have come together on ple in jeopardy of their jobs between mittee didn’t even allow our proposal what could have been a contentious now and when sequestration should to be made in order so that Members of piece of legislation, and I thank the kick in. This is already in motion. this body could vote on it up or down. Budget Committee chairman and rank- Madam Speaker, I ask that we come So, yes, let’s get on with the main ing member for their leadership. together on this issue, that we solve issue. Let’s focus on replacing the se- Now, the fact that we have to pass a this issue. I ask the President to put quester. Let’s do it in a balanced way. bill to get information on legislation forth some leadership. As Commander I have to say, since the gentleman that we have already passed does not in Chief, he has the obligation to help from Texas earlier referenced the com- speak highly of the process. The se- us solve this problem. I ask our col- ments of Senator REID’s, the majority quester was supposed to motivate us to leagues to please support this legisla- leader, I’ve looked at the Senator’s work together and pass a budget that tion and to bring transparency. comments. The Senator’s point was the lowers costs while maintaining critical The SPEAKER pro tempore. The same one I’m making here, which is services. It’s unfortunate that we have time of the gentleman has expired. that, if we are going to remove the se- to pass yet another bill to move us Mr. VAN HOLLEN. Madam Speaker, quester, we need to take a balanced ap- closer to accomplishing what should I listened carefully to what the chair- proach. We need to include cuts. Again, have been done months ago. man of the Armed Services Committee it’s important to remember we did $1 But for the sake of better rep- said, and I didn’t find much that I dis- trillion in cuts—100 percent cuts—as resenting our constituents, let’s focus agreed with. We agree that we should part of the Budget Control Act, but we on the positive: Let’s support a bill replace the sequester, and we agree also need to include some revenue by that gives us the information we as that it’s a mistake to create the kind eliminating some of these special in- legislators need in order to make an of uncertainty that’s out there. Obvi- terest tax breaks and by asking folks educated decision. ously, it has an impact, not just in the at the very top of the income ladder to The SPEAKER pro tempore. The defense sector, but also in all of the pay a little bit more for our national time of the gentlewoman has expired. other areas in which our Federal Gov- defense and for reducing our deficit. Mr. VAN HOLLEN. I yield the gentle- ernment has activities. That is the underlying issue here. lady an additional 30 seconds.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11578 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Ms. BONAMICI. I hope today’s bipar- Mr. COLE. I thank the gentleman for that will cause them even more pain. tisan action is an indicator of a re- including me on his committee. They just want us to identify the prob- newed commitment to tackling the se- H.R. 5872 is a bipartisan bill. As has lem, fix it, and quit messing with the quester, and I hope it sends a message been mentioned several times, it did private business world. to our constituents that we can work pass out of the Budget Committee When a private business sees a threat together to get something done. That’s unanimously, and that’s a very good on the horizon, they prepare for it. If why I supported this bill in the Budget thing. I think, honestly, we have a very it’s good, they ramp up hiring, they Committee, and that’s why I am asking strong bipartisan agreement that se- add more inventory, they increase my colleagues to join me in voting quester is a very bad policy, something training, they increase sales staff. ‘‘yes’’ on the Sequestration Trans- that really shouldn’t be allowed to hap- They get ready for something good. parency Act. pen. They take the entrepreneurial risk. If Mr. RYAN of Wisconsin. Mr. Speaker, b 1310 they see a threat on the horizon that I yield 2 minutes to a distinguished looks bad, they pull back staff, they member of the House Budget and Obviously, I also sit on the Defense slow down internal purchases, they Armed Services Committees, the gen- Appropriation Subcommittee. So I fo- freeze inventory and hiring. tleman from Indiana (Mr. YOUNG). cused on that area. If we don’t arrive I have two quick observations. One is Mr. YOUNG of Indiana. Mr. Speaker, at agreement before the end of the this: right now the national threat on there is broad bipartisan agreement in year, we’ll have $110 billion worth of the economic horizon is the Federal this House that the looming defense se- cuts across the entire budget, but Government’s lack of imperative to re- questration cuts are bad policy for the about a 10 percent cut on top of a half solve this manufactured crisis. We need U.S. military and our national defense. a billion dollars we’ve already taken to fix it now. The second is this: we’ve Our Defense Secretary has testified out of defense that will begin that will got to look up and see there is a finan- to me and to other members of the have tremendous consequences in my cial crisis coming and prepare for it. If Armed Services Committee that such State, potentially 16,000 jobs, $620 mil- we wait until the last minute to act, it cuts would hollow out the military, lion or $630 million to the State econ- creates incredible uncertainty in our and our constituents are rightly con- omy. We all hope this doesn’t occur, economy and businesses and families cerned about our ability to provide but we all know that the administra- can’t prepare for it. When we wait until necessary equipment to troops in the tion does have a responsibility to plan the last minute to do something, we field, troops who are often our sons, for it and to inform us of those plans. have already created economic uncer- daughters, brothers, or sisters. So far it has failed to do that. The original goal of this legislation tainty there. Mr. Speaker, it’s worth noting for Here’s what this bill does: it requires that gave us the sequester was to find the record that we have dealt with se- deficit reduction in the Federal budget that we actually plan for an economic questration in this House. We passed a crisis that we know is coming January in a careful, deliberative manner. De- measure to avoid it. It’s the Senate spite their best efforts, the small group 2, 2013. It pushes us to do what’s essen- that has failed to act. We may not have tial right now. Federal spending has that was charged with finding these acted in a manner in which our friends cuts failed in the end. That’s why we dramatically increased. As we ap- on the other side would like, but the proach $16 trillion in national debt in have passed legislation in the full responsibility now is with the United House to replace the defense cuts with our fourth straight year of trillion-dol- States Senate to at least pass some- lar deficit spending, we should not deficit reduction elsewhere, but the thing and put us in a position to go to Senate has, once again, failed to act. guess or try to make up a financial conference. plan at the last minute. Some have As for the administration, it has failed It would be irresponsible to allow se- to specify how these cuts will be dis- proposed that we debt our way into quester to occur, and it would be re- tributed and what kind of impact they prosperity or that we take even more sponsible for the Senate to actually will inevitably have on our Nation’s se- money from one family and give it to act. I hope today, by giving the Senate curity. another to make life fair. Military spending decisions should additional information, by encouraging This bill simply asks the President to not be made in a vacuum. We shouldn’t the administration to plan for some- let us know the plan, let us know the merely try to manage down to some thing we hope doesn’t happen, that we consequences of sequestration. We predetermined, arbitrary spending will actually bring ourselves a little know it’s bad policy, but the adminis- level. Ultimately, strategy should bit closer to a solution, and we’ll come tration has not given us the details of guide these sorts of decisions. Missions to a bipartisan compromise by the end how they will implement the seques- we are asking our men and women in of this year. tration. Months ago, the House Budget uniform to perform to keep our coun- Mr. Speaker, I urge the passage of Committee and then the full House try safe should be our measuring stick, this legislation. worked with six committees to create a and we should ensure that full funding Mr. RYAN of Wisconsin. Mr. Speaker, specific plan of how we were going to exists to carry out each of these mis- I believe they have the right to close, deal with this. We just want to know sions. so let me inquire of the gentleman what OMB’s plan is and how things are The bottom line is this: It is the re- from Maryland whether or not they going to be done. sponsibility of this administration to have another speaker. Get us the information now. inform Congress and the American pub- Mr. VAN HOLLEN. There was one Mr. VAN HOLLEN. Mr. Speaker, may lic of its plans to implement the se- other gentleman who said he was on I inquire as to how much time we have quester and to provide clarification on his way. He’s not here yet. If he is not left. its scope and severity. here by the time you finish, we will The SPEAKER pro tempore (Mr. With that, I strongly urge my col- close. MARCHANT). The gentleman from Mary- leagues to support this blessedly bipar- Mr. RYAN of Wisconsin. With that land has 8 minutes remaining. tisan legislation, the Sequestration understanding, I yield 2 minutes to the Mr. VAN HOLLEN. Mr. Speaker, I Transparency Act of 2012. gentleman from Oklahoma (Mr. yield myself such time as I may con- Mr. VAN HOLLEN. I reserve the bal- LANKFORD), a member of the Budget sume. ance of my time. Committee. Let me start on the points of agree- Mr. RYAN of Wisconsin. I yield 2 Mr. LANKFORD. At home, people ment. minutes to a gentleman who serves on have just a simple request of Congress: We agree with this piece of legisla- the Budget Committee and who also, I do our job. Just do it. They’re tired of tion. As we said, it passed the Budget believe, serves on the Appropriations worrying about what dumb thing the Committee unanimously. What it does Committee, the gentleman from Okla- Federal Government will do to them is ask for some more detailed informa- homa (Mr. COLE). and their business and their family tion on the impact of the across-the-

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11579 board sequester scheduled to take place icit reduction. They won’t do it. Nor vent the cuts, not just to defense, but in January. The Senate also agrees does that pledge allow them to take a to non-defense. with that. Let’s make no mistake, dollar tax subsidy away for the purpose It’s interesting. I hear our Repub- there was an amendment on the Senate of defense spending. lican colleagues talk about the jobs side, a bipartisan amendment by Sen- We hear a lot of talk about the im- created by defense, that’s true. You ator PATTY MURRAY of Washington portance of defense spending. We agree. know, building aircraft carriers creates State and Senator MCCAIN, asking for Secretary Panetta has talked about it. jobs. Somehow building aircraft car- additional information. We think we should pay for it. Rather riers creates jobs that building roads There was also agreement that we than just talk about defense spending, and bridges doesn’t. The President has don’t need more information to under- why don’t we also pay for it? We have a jobs bill that’s been sitting in this stand that the across-the-board seques- put two wars on our national credit House of Representatives since Sep- ter cuts would have a very negative im- card: Iraq and Afghanistan. Many of us tember, a major boost in infrastruc- pact on the economy and on defense proposed that we help pay for those as ture. and on important nondefense invest- we go so we wouldn’t be leaving the bill We have 14 percent unemployment in ments that are important to the Amer- to future generations, to the children the construction industry. We have ican people. of the troops that are fighting those roads, bridges, and transit systems in The issue really is what are we going wars. We should pay for them. But, no, need of repair. The American Society to do about it. We have proposed an al- those two wars went on the credit card. of Civil Engineers has given our Nation ternative in this House. We proposed Now we’re talking about defense. The a D, grade D. an alternative in the Budget Com- Armed Services Committee has a hear- It’s a win/win. Let’s spend more mittee, and it didn’t pass. We asked for ing today on the impact of defense. As there, boost jobs and the economy, do a this whole House to have a chance to we’ve said, we agree that we don’t want job that needs to be done. But no, you vote on an alternative that had a bal- to see that. But when faced with the know, cutting defense spending and anced approach that included cuts, but simple choice of cutting more tax work on tanks, that will hurt jobs, but also additional revenues from closing breaks for oil companies or asking it’s okay not to fund the President’s tax breaks and loopholes, and we were folks at the very top to pay a little bit infrastructure proposal to put people denied that opportunity for a vote over more for defense and to reduce the def- back to work building bridges and here. icit, no, they won’t touch that. roads. Let’s have a rational conversation Let’s be very clear about what Sen- Let’s understand the underlying here, Mr. Speaker, about what works ator REID has said and what the Presi- issue here, both on the tax issues at the and what doesn’t work, and how we can dent has said on a number of these end of the year, which we can solve take this balanced approach to reduc- issues, both the tax issue, as well as today if our Republican colleagues will ing our deficit and eliminating replac- the sequestration issue that we’re de- stop holding 98 percent of the Amer- ing the sequester so we can avoid the bating today. The President of the ican taxpayers hostage until they get a United States has been very clear that cuts to both defense and non-defense. continuation of the tax breaks for the I look forward to getting the infor- he would like today for the Congress to folks at the very top, and we can deal mation called for by this piece of legis- pass legislation to extend tax relief to with the sequester today if our col- lation. OMB is actually already 98 percent of the American people, all leagues are willing to take the bal- crunching the numbers. There are lots the middle class tax cuts. He wants us anced approach recommended by every of details, I hear, but our time here to get it done today. In fact, what some bipartisan commission. That’s what’s would be best spent putting in place a people don’t realize is that those tax at issue. plan to replace the sequester rather cuts would also benefit folks at the Mr. Speaker, let me close with this. than simply asking for more informa- very top. In fact, it provides tax relief We’ve heard a lot of talk about how tion. to 100 percent of Americans compared asking the folks at the very top to pay More information is good. Solving to current law. Let’s get that done. If a little more would hurt the economy. the problem is better. we agree on it, let’s act now. The reality is we’ve tried the trickle- I yield back the balance of my time. The same is true with the sequester. down theory. It’s in place right now. Mr. RYAN of Wisconsin. Mr. Speaker, The keys to this lock are in the hands We tried it for 8 years under the pre- may I inquire as to how much time I of our Republican colleagues. We’ve vious administration. The last time we have remaining? agreed that part of the solution is cuts. had a balanced budget was at the end The SPEAKER pro tempore. The gen- We did a trillion dollars in cuts last of the Clinton administration in 2001. tleman from Wisconsin has 2 minutes year, 100 percent cuts. We’ve also said Then-President Bush came in with remaining. we can do additional cuts, but we back-to-back tax cuts that dispropor- Mr. RYAN of Wisconsin. Mr. Speaker, should also deal with the revenue side tionately benefited the very wealthy. I yield myself the balance of my time. of the equation if we’re serious about What happened at the end of the 8 Mr. Speaker, if all this borrowing, the deficit. years? We lost private sector jobs. So taxing, and spending was the secret to The chairman talked about our use of much for the theory that tax breaks economic success and prosperity, we the word ‘‘balance.’’ It’s the same use for the folks at the very top trickle would be on the verge of entering a that the Simpson-Bowles and Rivlin- down and lift everybody up. golden age, along with Greece. Domenici bipartisan commissions have The so-called balanced alternative made. What they have said is any seri- b 1320 plan by the other side is balanced in ous approach to reducing the debt, in They lifted the yachts, but the boats that it does have deficit reduction of this case replacing the sequester, re- ran aground, and that’s the reality. $30 billion, according to the Congres- quires cuts, yes, but also revenues. That’s what we are hearing from our sional Budget Office, but only because The reality is, in this House of Rep- Republican colleagues. after the $55 billion spending increase resentatives, 98 percent of our Repub- When it comes right down to it, scored by CBO, it has an $85 billion tax lican colleagues have signed a pledge we’ve been willing to make some tough increase. If we keep going down this to this fellow by the name of Grover cuts, and we’re willing to make more. road, Mr. Speaker we’re going to get Norquist. What that pledge says is you But because of this pledge or other rea- the same results. can’t eliminate one penny of tax sons, our Republican colleagues refused What did we start with in this Con- breaks, you can’t eliminate one dollar to deal with the deficit in a balanced gress? We passed a budget that cuts of taxpayer subsidies for the oil compa- way. They refused to ask folks at the spending, that reformed government, nies, or ask folks who are making more very top to chip in a little bit more to that reformed the taxes and gets back than a million dollars a year to pay reduce our deficits and to help pay for to economic growth to puts us on a one more dollar for the purpose of def- defense. Let’s take action today to pre- path to prosperity to pay off the debt.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11580 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 The Senate hasn’t passed a budget Capps Griffin (AR) McDermott Schmidt Stark Walz (MN) for 3 years. Then we engaged in nego- Capuano Griffith (VA) McGovern Schock Stearns Wasserman Cardoza Grijalva McHenry Schrader Stutzman Schultz tiations on the debt limit to try to get Carnahan Grimm McIntyre Schwartz Sullivan Waters a down payment on deficit reduction Carney Guinta McKeon Schweikert Sutton Watt and the Budget Control Act resulted. Carson (IN) Guthrie McKinley Scott (SC) Terry Waxman Carter Gutierrez McMorris Scott (VA) Thompson (CA) Therefore, the supercommittee Webster Cassidy Hall Rodgers Scott, Austin Thompson (MS) Welch Castor (FL) Hanabusa McNerney Scott, David Thompson (PA) failed, and the sequester is about to West Chabot Hanna Meehan Sensenbrenner Thornberry kick in. So again we took action in the Westmoreland Chaffetz Harper Meeks Serrano Tiberi House, and we passed the reconcili- Chandler Harris Mica Sessions Tierney Whitfield ation package that replaces the seques- Chu Hartzler Michaud Sherman Tipton Wilson (FL) ter, which resulted in a net $242.8 bil- Cicilline Hastings (FL) Miller (FL) Shimkus Tonko Wilson (SC) Wittman lion in additional deficit reduction. We Clarke (MI) Hastings (WA) Miller (MI) Shuler Towns Clarke (NY) Hayworth Miller (NC) Shuster Tsongas Wolf put specifics on the table, passed them Clay Heck Miller, Gary Simpson Turner (NY) Womack through the House again. The crickets Cleaver Heinrich Miller, George Sires Turner (OH) Woodall are chirping in the other body in the Clyburn Hensarling Moore Slaughter Upton Woolsey Senate. No leadership from the Presi- Coble Herger Moran Smith (NE) Van Hollen Yarmuth Coffman (CO) Herrera Beutler Mulvaney Smith (NJ) Vela´ zquez Yoder dent, no leadership from the Senate, no Cohen Higgins Murphy (CT) Smith (TX) Visclosky Young (AK) leadership. Cole Himes Murphy (PA) Smith (WA) Walberg Young (FL) What this is is simple. Since there is Conaway Hinojosa Myrick Southerland Walden Young (IN) Connolly (VA) Hochul Nadler Speier Walsh (IL) an absence of leadership on these crit- Conyers Holden Napolitano NAYS—2 ical fiscal issues from the President of Cooper Holt Neal the United States, from the Senate of Costa Honda Neugebauer Engel Hinchey Costello Hoyer Noem the United States, at the very least Courtney Huelskamp Nugent NOT VOTING—15 show us how this is going to work. If Cravaack Huizenga (MI) Nunes Akin Hirono Reyes you’re not willing to replace the se- Crawford Hultgren Nunnelee Boren Jackson (IL) Ruppersberger quester, tell us how it’s going to be im- Crenshaw Hunter Olson Filner Jackson Lee Sewell Critz Hurt Olver Gonzalez (TX) Stivers plemented. Crowley Israel Owens Gosar Lewis (GA) That is simply a matter of trans- Cuellar Issa Palazzo Hahn Polis parency. We’re not judging the debates Culberson Jenkins Pallone Cummings Johnson (GA) Pascrell b 1354 or the merits or the each other’s ideas Davis (CA) Johnson (IL) Pastor (AZ) Ms. MCCOLLUM changed her vote and how to replace it; we’re simply Davis (IL) Johnson (OH) Paul from ‘‘nay’’ to ‘‘yea.’’ saying to OMB tell us how it’s going to Davis (KY) Johnson, E. B. Paulsen So (two-thirds being in the affirma- go down, because this seems to be your DeFazio Johnson, Sam Pearce DeGette Jones Pelosi tive) the rules were suspended and the only plan. DeLauro Jordan Pence bill, as amended, was passed. With that, Mr. Speaker, I encourage Denham Kaptur Perlmutter The result of the vote was announced all Members to follow the bipartisan Dent Keating Peters DesJarlais Kelly Peterson as above recorded. example that has been set in the Budg- Deutch Kildee Petri A motion to reconsider was laid on et Committee and let’s have a nice bi- Diaz-Balart Kind Pingree (ME) the table. partisan vote on behalf of transparency Dicks King (IA) Pitts Stated for: Dingell King (NY) Platts from the legislative branch. Doggett Kingston Poe (TX) Mr. FILNER. Mr. Speaker, on rollcall 471, I I yield back the balance of my time. Dold Kinzinger (IL) Pompeo was away from the Capitol due to prior com- The SPEAKER pro tempore. The Donnelly (IN) Kissell Posey mitments to my constituents. Had I been question is on the motion offered by Doyle Kline Price (GA) present, I would have voted ‘‘yea.’’ Dreier Kucinich Price (NC) the gentleman from Wisconsin (Mr. Duffy Labrador Quayle Mr. AKIN. Mr. Speaker, on rollcall No. 471, RYAN) that the House suspend the rules Duncan (SC) Lamborn Quigley I was delayed and unable to vote. Had I been and pass the bill, H.R. 5872, as amend- Duncan (TN) Lance Rahall present I would have voted ‘‘yea.’’ Edwards Landry Rangel f ed. Ellison Langevin Reed The question was taken. Ellmers Lankford Rehberg DEPARTMENT OF DEFENSE The SPEAKER pro tempore. In the Emerson Larsen (WA) Reichert APPROPRIATIONS ACT, 2013 opinion of the Chair, two-thirds being Eshoo Larson (CT) Renacci Farenthold Latham Ribble GENERAL LEAVE in the affirmative, the ayes have it. Farr LaTourette Richardson Mr. YOUNG of Florida. Mr. Speaker, Fattah Latta Richmond Mr. RYAN of Wisconsin. Mr. Speaker, I ask unanimous consent that all Mem- on that I demand the yeas and nays. Fincher Lee (CA) Rigell Fitzpatrick Levin Rivera bers may have 5 legislative days in The yeas and nays were ordered. Flake Lewis (CA) Roby which to revise and extend their re- The vote was taken by electronic de- Fleischmann Lipinski Roe (TN) marks and to include extraneous mate- vice, and there were—yeas 414, nays 2, Fleming LoBiondo Rogers (AL) Flores Loebsack Rogers (KY) rial on H.R. 5856, and that I may in- not voting 15, as follows: Forbes Lofgren, Zoe Rogers (MI) clude tabular material on the same. [Roll No. 471] Fortenberry Long Rohrabacher The SPEAKER pro tempore (Mr. Foxx Lowey Rokita REED). Is there objection to the request YEAS—414 Frank (MA) Lucas Rooney Ackerman Bass (NH) Boustany Franks (AZ) Luetkemeyer Ros-Lehtinen of the gentleman from Florida? Adams Becerra Brady (PA) Frelinghuysen Luja´ n Roskam There was no objection. Aderholt Benishek Brady (TX) Fudge Lummis Ross (AR) The SPEAKER pro tempore. Pursu- Alexander Berg Braley (IA) Gallegly Lungren, Daniel Ross (FL) ant to House Resolution 717 and rule Altmire Berkley Brooks Garamendi E. Rothman (NJ) Amash Berman Broun (GA) Gardner Lynch Roybal-Allard XVIII, the Chair declares the House in Amodei Biggert Brown (FL) Garrett Mack Royce the Committee of the Whole House on Andrews Bilbray Buchanan Gerlach Maloney Runyan the state of the Union for the consider- Austria Bilirakis Bucshon Gibbs Manzullo Rush ation of the bill, H.R. 5856. Baca Bishop (GA) Buerkle Gibson Marchant Ryan (OH) The Chair appoints the gentleman Bachmann Bishop (NY) Burgess Gingrey (GA) Marino Ryan (WI) Bachus Bishop (UT) Burton (IN) Gohmert Markey Sa´ nchez, Linda from Texas (Mr. MARCHANT) to preside Baldwin Black Butterfield Goodlatte Matheson T. over the Committee of the Whole. Barber Blackburn Calvert Gowdy Matsui Sanchez, Loretta Barletta Blumenauer Camp Granger McCarthy (CA) Sarbanes b 1356 Barrow Bonamici Campbell Graves (GA) McCarthy (NY) Scalise IN THE COMMITTEE OF THE WHOLE Bartlett Bonner Canseco Graves (MO) McCaul Schakowsky Barton (TX) Bono Mack Cantor Green, Al McClintock Schiff Accordingly, the House resolved Bass (CA) Boswell Capito Green, Gene McCollum Schilling itself into the Committee of the Whole

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And it was not in the budget, but chair. subjects that it took most of the year he convinced us that it was important The Clerk read the title of the bill. leading up to this date in order to do to do; and so besides the DDG–51, we The CHAIR. Pursuant to the rule, the that. I will compliment the members of provided the advance procurement to bill is considered read the first time. the subcommittee because they were schedule that second Virginia-class sub- The gentleman from Florida (Mr. very attentive. The subcommittee marine for 2014. YOUNG) and the gentleman from Wash- hearings and meetings were all very, In addition, there are three cruisers ington (Mr. DICKS) each will control 30 very well attended. The members were that were about to be decommissioned; minutes. very loyal and faithful to their assign- and for a lesser fee than decommis- The Chair recognizes the gentleman ments and to their responsibilities. sioning, we determined to keep those from Florida. During these hearings, we heard one cruisers in business and keep them ca- Mr. YOUNG of Florida. Mr. Chair- word that bothered me a lot, that was pable and keep them available for that man, I yield myself such time as I may the word ‘‘risk.’’ As we got into the naval buildup that our hearings told us consume. issue of the budget requests, we were the Navy felt that they really needed. This is the Defense appropriations told that this might bring about a cer- bill for 2013. It has been done with the One other issue that I would like to tain risk, or a prudent risk, or an ac- raise is the Air Force—and we’re not at cooperation of the Republicans and the ceptable risk. We pursued the issue of Democrats on the subcommittee, the war with the Air Force, by the way, what is an acceptable risk when it but we have some differences. The Air Democrats led by NORM DICKS. I would comes to national defense or what is a Force determined to take away avia- say that NORM and I have worked to- prudent risk. Let me explain briefly tion assets from the Air National gether for so many years in making some of the things that we heard. sure that these Defense appropriations Guard in our States. And we heard One, we were told that the United from all of our Governors. We heard bills were strictly nonpolitical—no pol- States is going to show much more itics in Defense appropriations. And from all of our TAGS, the adjutant presence in the Pacific area. I certainly generals, that this would really be crip- there should not be. agree with that. That is a very, very Our investment in our national de- pling to the mission of the Air Na- important part of the world, and we tional Guard and the National Guard if fense should be based on what is the have got to be present. real threat to the United States and those assets were lost. what does it take to protect against b 1400 So we recommended to the Air Force, that threat and what does it take to The other point was that, as we did we provided $850 million to do what we protect the men and women who pro- our hearings, we were told that in the call a ‘‘pause,’’ to let’s get together vide for that national defense. Mideast, in the Persian Gulf area, we and let’s work with the States, let’s I want to compliment Mr. DICKS for need a buildup of naval forces in order work with the Governors, let’s work having worked together with each to do the job that has to be done, espe- with the adjutant generals to see what other so well, regardless of who was in cially as we watch what Iran is doing, is the right thing to do here, and not the majority, for 35 years, Mr. DICKS. what Iran is threatening to do, and the deny the States the assets that they And I just want to recognize that this choke point of the Strait of Hormuz need, the aviation assets that they will be the last Defense appropriations where much of the world’s oil trans- need. bill that Mr. DICKS will preside over on ports. There’s so much more to this bill. the floor because he is seeking retire- Well, these risks, we think, have been The bill has been available online. The ment at the end of the term. met. But on the Navy buildup, the copies of the bill have been available. This committee will miss Mr. DICKS, budget request actually would reduce The lists of all of the issues have been the House will miss Mr. DICKS, the Con- the naval capability, the number of as- isolated in press releases, so the actual gress will miss Mr. DICKS, and I will sets that we have. So we differed with contents of the bill have been available say the country will miss his service to the budget request on that, and we for weeks and so at this point I’m not the United States of America for so added funding. And by the way, with going to go further into the bill. many years. So Mr. DICKS, I extend to the support of the Secretary of the I reserve the balance of my time

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VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD Insert graphic folio 653/7 EH18JY12.007 July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11589 Mr. DICKS. I yield myself as much The bill addresses the Navy’s strike together when Paul was the clerk and time as I may consume. fighter shortfall by funding F–18 Hor- Tom was representing Mr. YOUNG as Mr. Chairman, I rise in support of the nets and providing advance procure- the ranking member. And the coopera- fiscal year 2013 Department of Defense ment for F–18G electronic attack air- tion of all the staff members has been bill. craft. extraordinary, and they’ve worked I first want to thank Chairman The bill provides for ground equip- very hard to prepare this bill for the YOUNG for his very generous comments ment such as the Abrams tank, Brad- floor, and I want to congratulate them about my service on the Defense Sub- ley Fighting Vehicle, and HMMWV on their good efforts. committee. And he is absolutely right, modernization. This funding provides b 1410 we have always, no matter who was for Army equipment needs, including chairman or which party was in con- the Guard and Reserve, and helps Also, I want to thank Mr. ROGERS for trol, we’ve always, on a bipartisan maintain a stable industrial base. his efforts to restore regular order. I basis, worked to take care of the needs The bill includes $250 million for the think it’s outstanding that we have of our troops to make sure that we Rapid Innovation Fund that will con- had this bill in a subcommittee mark- were properly funded in equipment and tinue the committee’s efforts, started up, a full committee markup, now to do it on the basis of what was right in 2011, to promote innovative research brought to the floor under an open and what was necessary. I appreciate and defense technologies among small rule. This is the way this committee his leadership of this subcommittee, businesses; and the bill includes fund- should operate, and I appreciate his ef- and I wish him well as we finish up this ing above the request for joint U.S.- forts to provide that leadership. year. Israeli missile defense activities, in- With that, I reserve the balance of This bill continues the Defense Sub- cluding $680 million for Iron Dome. my time. committee’s long tradition, as I men- The bill funds operations in Afghani- Mr. YOUNG of Florida. Mr. Chair- tioned, of bipartisanship and finding stan consistent with the President’s man, I yield 5 minutes to the distin- common ground as members work to- plan to wind down our presence as guished chairman of the Appropria- gether, under Mr. YOUNG’s leadership, agreed to in the Lisbon Accord of 2010 tions Committee, the gentleman from to provide for the Department of De- and this year’s NATO summit in Chi- Kentucky (Mr. ROGERS). fense. I’m pleased to report that the cago. Mr. ROGERS of Kentucky. I rise in subcommittee has again crafted a bill The bill also includes important re- support of this essential bill. that places national security and the strictions on DOD activities. The bill It provides more than $519 billion in needs of U.S. servicemembers above prohibits permanent U.S. bases in Iraq critical resources for a strong national partisan politics. or Afghanistan and prohibits U.S. con- defense, supporting our warfighters and I strongly support the priorities set trol over Iraqi oil resources. The bill protecting the American people. This is in this bill. The bill supports our prohibits the torture of detainees. The an increase of $1.1 billion over last year troops. It includes funding for the third bill prohibits training foreign military and more than $3 billion more than consecutive year to replace inadequate forces if these forces are known to what the President asked of us. It is schools owned by local educational au- commit gross violations of human also more than $8 billion over what the thorities and the Department of Edu- rights. And the bill limits reimburse- Senate Democrats would like to pro- cation that are located on military in- ments to Pakistan until the Secretary vide. stallations. of Defense, in consultation with the This Nation, with all the opportuni- It includes $40 million above the re- Secretary of State, certifies that Paki- ties it provides and the rights it quest for Impact Aid. grants, would not be the bastion of It includes $125 million above the re- stan is working cooperatively with the freedom without the greatest defense quest for traumatic brain injury and U.S. against terrorist activity. system in the world. Freedom is not psychological health, as well as an ad- While I support the funding level and free. As we continue to face threats to ditional $20 million above the request priorities included in this bill, I must our safety and way of life, we must for suicide prevention and outreach. also express my objection, not to Mr. And the bill has a total of $1.2 billion YOUNG, but to the majority decision to deal with the costs of war, keep our in Defense Health Program research renege on the bipartisan agreement military at the ready, and stay con- and development, $545 million above reached less than a year ago in the stantly vigilant. the request. Budget Control Act. I believe the re- This bill supports and takes care of The bill continues the committee’s duced discretionary allocation in the our troops at the highest level possible, longstanding support for peer-reviewed Ryan budget threatens to stall eco- providing a 1.7 percent pay raise. We breast cancer research, peer-reviewed nomic growth and job creation; and in have also increased the critical health prostate cancer research, vision re- the near term, it introduces uncer- and benefits program that our troops search, spinal cord research, and many tainty in our appropriations process deserve, providing $35.1 billion for other medical research initiatives. that imperils our ability to produce health and family programs, including The bill supports the Guard and Re- these bills in a timely manner. funding for traumatic brain injury re- serve. It includes funding to pause Accordingly, it is my belief that we search and suicide prevention outreach force structure reductions and aircraft could save a considerable amount of programs. retirements proposed by the Air Force time in the appropriations process if This legislation keeps America at the that would affect Air Guard and Re- we simply returned to the agreement forefront of defense technologies by serve units across the country. reached last year in August, the $1.047 continuing research and development And the bill contains $2 billion for trillion allocation level for this year, a efforts. We boost key training and the National Guard and Reserve Equip- level which even the Republican other readiness programs to prepare our ment Account. body leadership concedes is where we troops for combat and peacetime mis- The bill supports today’s equipment will eventually end up. sions with an increase of $12.1 billion needs and develops tomorrow’s tech- Despite this reservation, I want to for operations and maintenance. We nology. It supports Secretary Panetta’s congratulate Chairman YOUNG for pro- also enhance our military arsenal with strategic focus on the Asia-Pacific re- ducing a bill that meets the most $102.5 billion for equipment and up- gion by including robust funding for pressing needs of the Department of grades, and we continue fighting the shipbuilding and the Patriot missile Defense, and for doing so in the best global war on terror by including $88.5 defense system. tradition of the Appropriations Com- billion for overseas contingency oper- The bill supports DOD’s intelligence, mittee. ations. surveillance and reconnaissance needs And I must say that I feel we have But, in this environment of fiscal by providing the resources for Global one of the best staffs on the whole Hill. austerity, the committee recognized Hawk UAVs. And I know Paul and Tom have worked that even the Pentagon should not

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Our sub- wherever possible, including rescinding tions Committee and a member of the committee has fixed this oversight by unused, prior-year funds and termi- Defense Subcommittee, the gentle- providing the necessary funding to nating unnecessary programs like the woman from Ohio, Congresswoman allow the Guard and Reserve to con- Medium Extended Air Defense System; KAPTUR. tinue their missions, which they do ex- but we can guarantee that none of Ms. KAPTUR. Mr. Chairman, I want tremely well and at considerably less these cuts will affect the safety or suc- to thank the gentleman from Wash- cost than the Air Force does. cess of our troops and missions. ington for yielding me this time. Our bill fixes a continuing issue from The bill also prohibits funding for the I want to acknowledge the work of the executive branch and maintains transfers of Guantanamo detainees to our full committee under the chair- our Nation’s industrial base by making the U.S. or its territories, prohibits manship of Mr. ROGERS, and obviously sure we do not end the domestic pro- funding to modify any facility in the the wonderful work of our chairman, duction capability for tanks for the U.S. to house detainees, and places BILL YOUNG, and of our subcommittee first time since World War II. The bill strict conditions on the release of de- ranking member, Mr. DICKS. Their col- averts a plan to shut down the produc- tainees—all provisions that were au- legial work has made this bill possible, tion line for 2 years. Shutting the lines thorized under the National Defense and it will benefit our entire Nation, would have cost the American tax- Authorization Act. our men and women in uniform, our payers more money than producing I want to take a moment, Mr. Chair- Armed Forces, and all of those who are tanks over the same time and would man, to recognize the Appropriations touched by this legislation. dismantle the critical, fragile supplier Committee’s ranking member, Mr. I would like to add my voice to those network. DICKS, who also serves as ranking who wish to recognize the magnificent The legislation also continues the member of the Defense Subcommittee. work that Congressman DICKS has done military’s commitment to lead our Na- He has been a formidable servant of the during his years of service to our coun- tion towards energy independence. The American people and a dedicated usher try back from the time when he first Pentagon, as the largest petroleum of appropriations dollars for some 36 worked for Senator Warren Magnuson. user in the world, must lead our Nation years, and we appreciate his service. As We would like to wish him, his wife, toward energy independence. No chal- he moves to another phase of his life, Suzie, and their beautiful family many lenge could be more vital to our na- we wish him well and Godspeed. He has healthy and productive years ahead. tional security and economic security been a great member of this committee We thank him for his distinguished and interests. High fuel costs are an enor- and subcommittee and of this Con- honorable and intrepid service—always mous burden on America’s families. It gress. dutiful, always enlightened. When he is also a severe and wasteful burden on Also, I want to say a word of thanks walks from these Halls officially, he our service branches, and it diverts to JERRY LEWIS of California, who has takes great knowledge and should take funds from important readiness and been a member and chairman of the great satisfaction with him for a job modernization needs. Defense Subcommittee and the full well done, indeed. Thank you, Mr. DICKS, for this time. committee, for his many years of serv- I want to extend to Congressman Godspeed to you and to your family in ice to the appropriations process and to JERRY LEWIS, as well, deep apprecia- the years ahead. Thank you, Congressman LEWIS. To this Congress. tion from the people of our States and We will be sorry to lose the expertise, country for your incredible service. you and to your wife, Arlene, may you the leadership, talent, and friendship of I would venture to say, when both of enjoy many wonderful years ahead. Thank you, Chairman YOUNG, for these two gentlemen when they retire you gentlemen leave these Chambers, being a chairman who brings this Con- at the end of this year, but we wish nearly a century of knowledge will gress together at the subcommittee them well in their next pursuits in life. walk with you. You have left America level, and Chairman ROGERS, at the full The Appropriations Committee has with her strongest defense globally, committee level. Thank you for work- been made stronger, more responsive, and you have been a part of crafting ing with all of our Members to meet responsible, and respectful thanks to every single line of these bills. America the needs of our Nation and our Na- these two outstanding and upstanding thanks you and the free world thanks tion’s defense. legislators and appropriators. you. I also want to say a word of con- This bill has been written in a bipar- b 1420 gratulations and thanks to our chair- tisan way by our subcommittee, and I Mr. YOUNG of Florida. Mr. Chair- man, BILL YOUNG, and to this great thank the members for working col- man, I yield 4 minutes to the distin- staff that NORM DICKS has referred to laboratively together. It is a model for guished gentleman from New Jersey as the greatest on the Hill, and I can’t our committee and Congress on how to (Mr. FRELINGHUYSEN), who is an ex- dispute that. They worked long and do the work necessary to meet the tremely important member of this sub- hard on a very, very tough bill, under needs of the American people. committee and also represents this austere circumstances, in order to put The bill includes $125 million above subcommittee with the Intelligence together a bill that is necessary for our the President’s request for funding Committee. Nation’s defense. These many hours health research for traumatic brain in- Mr. FRELINGHUYSEN. I thank the and capable hands that have had a juries and posttraumatic stress, which gentleman from Florida for yielding, touch on this bill, I think, have crafted are the signature wounds of the wars in and for his leadership, and that of Mr. a successful bipartisan bill that all of Iraq and Afghanistan. Our bill includes DICKS, as well. us can be proud to support. an additional $246 million for cancer re- In preparation for this debate, the So congratulations, Chairman search, including breast cancer, pros- subcommittee held a lengthy series of YOUNG, for another great job. You tate cancer, ovarian cancer, and lung hearings examining such varied issues bring such expertise and experience to cancer. as our operations in Afghanistan, the this chore, which is so much appre- The bill also includes necessary fund- so-called pivot to the Asia-Pacific re- ciated by this body. ing for the Iron Dome. During the last gion, Army modernization, Navy ship- Mr. Chairman, this is a must-pass decade of war, our National Guard and building, Marine end strength, and the piece of legislation that is vital to the Reserve units have proven themselves Air Force restructuring proposals. security of our homeland and to the as the strategic reserve force for our Most of these issues relate, as the safety and health of our troops and vet- Nation. The Air Force, in submitting chairman has said, to mitigating risk

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I thank the gen- posing is to really create a true dooms- gains in the Middle East and elsewhere, tleman. day machine, and that doomsday ma- as well as preparing for future and cur- Mr. DICKS and I started 36 years ago chine is the lack of a cure for Alz- rent threats, such as China’s growing at the height of the cold war, with each heimer’s, for Parkinson’s, for all of the military capacity, instability in the country building more and more nu- other diseases which actually do pose a Korean peninsula, civil war in Syria, clear weapons, more and more defense terrorist threat to families across the Iran’s pledge to close the Strait of systems in an ever escalating war of country when they get the call that Hormuz, and others. nerves that kept both countries and once more that disease has come As you’ll hear during this debate, the the whole world on edge. through their family because we—that committee weighed in with its own op- In this Republican fantasy land, gold- is, the Republicans—have decided that tions. As the chairman said, we pause plated nuclear weapons systems budg- they’re going to continue to cut the re- the Air Force restructuring decisions. et, there are going to be programs that search for the cure for disease and in- In light of the tyranny of distance that have long outlived their usefulness stead build more nuclear weapons to be characterizes the Asia-Pacific region, that are lavished with canyons filled aimed at targets that no longer exist. we bolster the Navy’s shipbuilding ac- with cash. In this fantasy land, the This is an important debate to have. counts and add back in a Virginia-class cold war never ended. The Soviet men- It’s a sequestration anticipation debate submarine and a Burke-class destroyer. ace lives on, making it necessary to where we begin to be forced to get real. maintain vast stockpiles of nuclear Our goal here, and throughout the We have to have a debate about what weapons and build new bombers to pen- bill, was to provide the resources to the priorities in the 21st century are etrate the Iron Curtain. In this fantasy support our warfighters now and in the going to be, and not some Dr. Strange- land, there are mountains of money for future whenever the next crisis arises. love smiling from his grave, being so intercontinental ballistic missiles tow- We clearly recognized the Nation’s debt happy that we’re still debating addi- ering over the landscape and providing and deficit, and found areas in pro- tional nuclear weapons. shade and comfort to the legions of de- grams where reductions were possible Mr. YOUNG of Florida. Mr. Chair- fense contractors making nuclear without adversely impacting our man, I yield myself 1 minute. weapons we no longer need and we can Armed Forces and modernization readi- I want to say to the House that we no longer afford. In this fantasy land, ness efforts. understand the importance of seques- the Republicans want to retroactively Exercising our mandate to adhere to tration, and we’ve got to stop seques- re-fight the cold war that we won. This sound budgeting, we reclaimed funding tration. It’s just not good, especially for programs terminated or restruc- makes no sense. Mr. Chairman, it is time to get real. for our national defense. This Congress, tured since the budget was released. Sequestration is coming. The Repub- this committee has not ignored the We’ve achieved savings for favorable licans, in their budget, are ignoring the issue. contract price adjustments, such as doomsday clock that has nearly b 1430 multiyear procurements of com- reached midnight for millions of hard- Last year, last year alone, this com- plicated weapons systems. We cut un- working Americans. We must prepare justified cost increases or funding re- mittee recommended a bill that re- for this reality. The bill the Repub- duced fiscal year ’12, fiscal year ’13, a quested ahead of need. We also took licans have brought to the floor today recisions from surplus from prior year total of $39 billion, but we did it care- provides the Pentagon with a billion fully. We did it by not just going across funds. Frankly, it is important that we more dollars than this year’s spending the board, cutting muscle out of our find savings without harming readiness level, and $3 billion more than the national defense. We took money that or increasing the risks incurred by our Obama administration requested. De- wasn’t going to be spent anyway. We warfighters. spite sequestration, despite budget understand the importance of meeting Mr. Chairman, the legislation before pressures, despite the fragility of the deadlines on funding reductions. us includes funding for critical na- economy, the Republicans still want to We don’t want sequestration. It is tional security needs and provides the increase defense spending. Why? To pay not good for the military, it is not good necessary resources to continue the for more radioactive relics of the past for the country, and it is not good for Nation’s vital military efforts abroad. that no longer are needed in order to the economy. In addition, the bill provides essential protect our country. funding for health and quality-of-life But I have good news for my friends I yield 3 minutes to the gentleman programs for our men and women in on the other side of the aisle: the cold from Florida (Mr. CRENSHAW), who is uniform—all volunteers—and their war ended more than 20 years ago. The one of our subcommittee chairmen on families. Soviet Union crumbled. It’s okay to Appropriations. I want to thank Chairman YOUNG, stop funding nuclear weapons to per- Mr. CRENSHAW. I thank the gen- Ranking Member DICKS, Chairman petuate a cold war rivalry that has dis- tleman for yielding, and I rise in strong ROGERS, and all the Members of the appeared into the mists of history. We support of this legislation. subcommittee for their work, and the don’t have to buy into this insanity. Let me first say thank you to the excellent staff we have, and our past That is why I plan to offer several sane chairman, Chairman YOUNG, and Con- leadership and our continued leader- amendments to reduce Pentagon spend- gressman DICKS, the ranking member. ship from Congressman JERRY LEWIS of ing on unnecessary, outdated nuclear Thank you not only for your leadership California. We were all able to work to- weapons programs. in bringing this bill to the floor, but gether in a bipartisan manner to en- Here is the bottom line: beginning thank you for your spirit of coopera- sure that our men and women in uni- January 1 of next year, 5 months from tion, your spirit of bipartisanship, form—all volunteers—and their fami- now, $55 billion has to be cut out of the which has pervaded our subcommittee. lies have the support they need. The defense budget and $55 billion has to be As we bring this before the full House, years ahead will be challenging, but cut out of civilian social programs. I think there is great agreement among our defense bill will meet those needs. That is $55 billion and $55 billion those that serve on the subcommittee. Mr. DICKS. Mr. Chairman, I yield 3 apiece. The Republicans are increasing When you stop and think about the minutes to the distinguished gen- defense spending heading into that. fact that national security is probably tleman from Massachusetts (Mr. MAR- Moreover, they’re saying, Don’t cut de- the number one responsibility of the KEY). He and I were in the same class fense at all, cut the social programs. Federal Government, the only way to together and enjoyed many spirited de- What does that mean? That means keep America safe is to keep America bates on national security issues. I cutting the NIH, cutting CDC, cutting strong, and I think this bill does that.

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This bill, I believe, reflects respon- Well, as Chairman YOUNG just point- We reduced the number of personnel sibly the challenges of our times. Fur- ed out, we are in the midst of a pro- by over 21,000. We ought to recognize, ther amendments may actually gram where we are reducing spending for those of our friends who think we’re strengthen the bill creatively in bal- on national defense. We looked at spending too much, we are actually at ance with our fiscal responsibility obli- every agency. The Federal Government the beginning of a long drawdown. If gations, but moving forward with our said you’ve got to do more with less, you look over the next 5 years, sadly, primary obligation to govern in defense you’ve got to tighten your belt, and the we’re going to reduce defense spending of our Nation should be our guiding Defense Department is no different. by $500 billion. That means less capa- principle here. We’re in the middle of actually re- bility. That means 70,000 fewer soldiers, Let me add, Mr. Chairman, that I ducing spending $487 billion over the 20,000 fewer marines. That means 25 learned in this debate that this is Mr. DICKS’ retiring session, and I also want next 10 years. Then, of course, we face fewer combat vessels—288 instead of to add my thanks for your many years this draconian cut of sequestration. I 313. Seven fewer aircraft fighter wings. of good service. think that we have got to keep in mind Real reduction in capability. that it is the number one responsi- Mr. YOUNG of Florida. Mr. Chair- A lot of our friends think we spend man, I would like to inquire of the gen- bility. We ask our troops, ask our mili- too much on defense. The reality is we tary to do things. We certainly have tleman if he has further speakers on spend less and less as a percentage of the general debate. the best trained and the best equipped our Federal budget and our overall military in the history of this world. Mr. DICKS. I have no further speak- wealth every year. In the 1970s we were ers. Is the chairman going to close? But you look at our Navy, for in- spending 40 percent plus of the Federal stance. We have half as many ships as Mr. YOUNG of Florida. Yes. budget. This year, it’s less than 20. We Mr. DICKS. I yield back the balance we had 30 years ago, half as many, and were spending 9 percent of GDP at the of my time. yet we’re asking them to do so many height of the Cold War, this year bare- Mr. YOUNG of Florida. Mr. Chair- things. Sure, the ships are more tech- ly 4. man, I yield myself the balance of my nologically advanced. Sure, we’ve got For those of us that think that this time. better trained people. But stop and investment hasn’t made a difference, I I want to take a minute to thank the think about it. When you ask the Navy would just recommend in closing, staff who have worked tirelessly on to go out and interdict drug runners in please read Robert Kagen’s splendid this bill, Mr. DICKS mentioned them the Caribbean, and you say chase the book, ‘‘The World America Made,’’ and earlier on. We have the responsibility pirates off the coast of Somalia and think how much freedom and security to appropriate for the authorization of send a carrier into the Mediterranean, we have enjoyed for a relatively small the Intelligence Committee and for the guard the Strait of Hormuz when Iran price and think about the risk we have authorization legislation of the Armed rattles its saber, conduct humanitarian run as we go forward if we reduce too Services Committee. You can imagine missions down in Haiti, and, by the far too fast. that that is quite a responsibility. The way, keep an eye on the Pacific Rim, I want to thank again the chairman, staffing is extremely important be- because that’s where China is flexing the ranking member, for making sure cause our staff is limited in size to the its muscle, remember, numbers matter. that didn’t happen. I look forward to combined numbers of staff on those The world is no smaller. two committees that we do appropriate We still haven’t solved the problem working with him to make sure seques- tration does not occur. As he rightly for. of how do you have one ship in two But I want to call special attention places at the same time. So it’s impor- points out, it would be devastating. We should pass this bill, and we then to, for example, the minority staff who tant that we continue to provide the worked directly with Mr. DICKS, Paul resources that we need to have a strong should get about the longer term chal- lenge of making sure sequestration Juola and Becky Leggieri. Paul Juola national defense. actually worked in that capacity for I think this bill does that. I think we does not occur. Mr. YOUNG of Florida. Mr. Chair- the majority staff when we were the should all support this. majority. In fact, when I was chairman Mr. DICKS. We have no further man, I yield 2 minutes to the gen- of the Appropriations Committee, I speakers, and I reserve the balance of tleman from Nebraska (Mr. FORTEN- hired Paul. So you can see, this is a my time. BERRY). very nonpolitical subcommittee. Mr. YOUNG of Florida. Mr. Chair- Mr. FORTENBERRY. I thank the I would also like to recognize Brooke man, I yield 2 minutes to the gen- gentleman from Florida for the time and for your leadership on this criti- Boyer on the majority staff; Walter tleman from Oklahoma (Mr. COLE), a Hearne; Tom McLemore, who is the very important member of this sub- cally important bill. Mr. Chairman, in the push and pull chief clerk of the majority staff; Jen- committee. nifer Miller; Tim Prince; Adrienne Mr. COLE. I thank the gentleman for and give and take of the congressional Ramsay; Ann Reese; Megan yielding, as I am the most junior mem- appropriations process we have had Rosenbusch; Paul Terry; BG Wright; ber of this subcommittee. many important debates on the proper But I would be remiss not to echo the role of the Federal Government in soci- and Sherry Young. They are quite a team. praise of my colleagues, both for the ety. But despite our differences and chairman and the ranking member. competing priorities, it is clear that b 1440 They have worked together extraor- Americans believe in a Federal Govern- They are able to analyze the budget dinarily well in a way that makes us ment that provides a strong common requests, the budget justifications, and all proud. Frankly, Mr. DICKS, I am defense as a priority. keep the membership advised. So I going to miss you greatly from this American military leadership is im- want to thank them very much for the committee. You have been a mentor portant for our own security but also good work that they do. and a friend. Thank goodness Mr. for global stability and global human Mr. Chairman, I yield back the bal- YOUNG will be here, and I will have rights. It is also important for my ance of my time. somebody’s knee to learn at. home State of Nebraska. Over the past Mr. DINGELL. Mr. Chair, I rise in support of This is a good bill. It does, as has 10 years, Mr. Chairman, 15,000 Nebras- H.R. 5856, the Department of Defense Appro- been mentioned earlier, add roughly a kans in uniform have served overseas. priations Act for Fiscal Year 2013. We are still

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11593 a nation at war. Our troops continue to remain home for the last time, with the honor and mili- tain improved health outcomes, live more pro- in harm’s way fighting for our country in Af- tary escort he has so rightfully earned. ductive and satisfying lives, and ultimately, ghanistan. Our consideration of this legislation Continuing to fully fund this important mis- save our nation millions of dollars in future must begin with an acknowledgement of this sion will allow other families, who have made care costs. critical fact. the most difficult sacrifice imaginable, the op- Mr. WILSON of South Carolina. Mr. Chair, I In that light, I am pleased that this legisla- portunity to watch their children return home rise in support of Mr. YOUNG’s statement. As tion gives our troops the support they need and laid to rest as a national hero. a fellow National Guard veteran, as is BILL while they are serving our Nation abroad. The Army SPC Clarence Williams III will be laid YOUNG, and as a father of four sons currently bill provides $519.2 billion for the Department to rest next Monday, on July 23, in the Florida in the military, I find the suggestion that the of Defense’s base budget, and $88.5 billion in National Cemetery. He was killed in action in Department of Defense spends too much funding for the war. It also gives a 1.7 percent Afghanistan last week. money recovering the remains of our military pay raise to our troops and provides $2.3 bil- Mr. PASCRELL. Mr. Chair, as Co-Chair of men and women who are killed in action to be lion for family support and advocacy pro- the Congressional Brain Injury Task Force, I absolutely offensive and insensitive to military grams. I am also very pleased to see the have spent the last eleven years I have fought families. As Chair of the Military Personnel Committee include $181 million in funding to for patients with brain injuries, both on and off Subcommittee I appreciate the extraordinary keep the M–1 Abrams tank production line in the battlefield. We all know that traumatic efforts of recovery worldwide. operation, which will help ensure our military brain injury (TBI) is the signature wound of the Our service members who are engaged in industrial base is strong and vibrant. The leg- conflicts in Iraq and Afghanistan, and while we combat operations make a solemn vow to one islation also provides $1.6 billion for activities made great progress on ensuring our soldiers another: ‘‘I will never leave a fallen comrade to counter Improvised Explosive Devices have the best care, there is still more work to behind.’’ The military, consisting of all the (IEDs), which continue to be a leading killer of be done. branches of service have a similar responsi- our troops abroad. All of these programs are An Institute of Medicine study was released bility to the families of our service members. an accurate reflection of our priorities as a na- last week about the effects of Post Traumatic When a service member is killed in action, the tion. Stress Disorder (PTSD) on our troops who military service branch that they belong to has That being said, I am dismayed that House have served in Iraq and Afghanistan. I am par- a responsibility to return the remains home to Republicans chose to write all of this year’s ticularly concerned with the report’s analysis of the family. They have a responsibility to return appropriations bills under a lower limit than the Department of Defense’s efforts to identify the remains to their final resting place with was established under the Budget Control Act and treat PTSD. The 2010 Defense Authoriza- dignity and honor. (BCA). The BCA represents a bipartisan com- tion required this study as well as mandated The military men and women who are killed promise on Federal spending and it should be the Secretary of Defense and the Secretary of in action overseas are heroes who make the respected. The Senate Committee on Appro- Veterans Affairs to report a response to this ultimate sacrifice to preserve the freedom that priations is moving forward with the limit es- report the relevant Committees by no later we all enjoy. The military rightly does every- tablished under the BCA with the blessing of than January 1, 2013. thing necessary to return our service mem- the Republican leadership. Such a disconnect As this report shows, there is still more work bers’ remains to their families. I believe that between the two bodies on an issue of critical to be done when it comes to caring for our the military does a superb job under very try- significance only adds to the uncertainty sur- soldiers suffering from Post Traumatic Stress ing circumstances, and I know that our military rounding our economy and is not in our na- Disorder. The report notes that the prevalence families are very grateful. I know firsthand of tional interest. of PTSD in 2.6 million service members who this issue. I sadly was present for the return I urge all of my colleagues to join me in have served in Iraq or Afghanistan is at a of a brother-in-law killed overseas as a Marine supporting this vital legislation so our troops staggering rate of 13% to 20%. This statistic pilot. Our family appreciates the proven love of can know they have the support of the Con- points to the importance of finding better ways the American people, which has been pro- gress. to identify and treat this ailment. The report’s ILL YOUNG and his Mr. NUGENT. Mr. Chair, it is DoD policy moted by Congressman B many recommendations include the need for wife, Beverly. that when a servicemember becomes a cas- the Department of Defense to collect data on Ms. HIRONO. Mr. Chair, I support passage ualty, his remains are returned to the family as the delivery and effectiveness of all preven- of H.R. 5856, the Department of Defense Ap- quickly as possible with the utmost respect tion, screening, diagnosis, treatment and reha- propriations Act for Fiscal Year 2013, which and dignity. This policy was revised and mandated by bilitative services currently in use to determine supports our servicemembers and makes im- Congress in 2008 when new requirements best practices, as well as ensuring that PTSD portant investments in our national security were established for transportation and honor screening occurs once a year. The report also and in the health, well-being, and readiness of guards for the remains of combat casualties. points out barriers to care faced by returning our Armed Forces. As a nation, we owe our fallen heroes and soldiers to accessing care. Our country owes a debt of gratitude to our their families a debt that can never truly be re- It is clear that the Department of Defense military and their families for their service and paid. The dignified transfer of a casualty is the must do more to ensure that soldiers who suf- selfless sacrifices. We in Hawaii are proud of least that we can do to honor the sacrifice fer from Post Traumatic Stress Disorder are the men and women in our military that have paid by the men and women who volunteer to identified, the effectiveness of treatments are served and are currently serving in Afghani- lay their life down in the defense of others. tracked, and that returning soldiers suffering stan. Above all, we must also never forget I am happy that this bill in front of us today from PTSD are encouraged to come out of the those who have made the ultimate sacrifice for fully funds the transportation and escort of shadows. Making sure that funding for De- our country. Supporting our servicemembers these heroes, and want to thank the Chairman fense Health programs and research into Post and their families, whether it’s during deploy- and the Ranking Member for continuing to Traumatic Stress Disorder addresses the con- ment or as they transition back into civilian make this a priority. cerns raised in the IOM report is extremely im- life, is a solemn commitment we must keep. I remember meeting with a family from my portant. This year’s Defense Appropriations bill Many of our men and women in uniform are district last year whose son, Corporal provides $125 million for traumatic brain injury suffering from serious wounds from their serv- Johnathan W. Taylor, gave his life defending and psychological health research, and $30 ice, both visible and invisible. That’s why I’m our freedom on February 22, 2011 in Afghani- million for suicide prevention and outreach pleased to see increases in traumatic brain in- stan. programs. We must continue to make the in- jury and psychological health funding as well Now beside his fellow brothers in uniform, vestments in these critical areas to ensure the as suicide prevention and outreach. The bill his parents, Mark and Deborah, have said that health and safety of all our returning soldiers. also boosts resources for peer-reviewed re- they were proud to have seen their son off on I hope that going forward, these rec- search on Gulf War Illness, Lou Gehrig’s dis- what they like to call his final tour of duty. ommendations will be factored into the re- ease, breast cancer, prostate cancer, vision This final tour of duty was important for his search and funding undertaken by the Depart- and spinal cord conditions, and many other family, as well as his friends and fellow Ma- ment of Defense-Defense Health Programs. medical research initiatives. rines. With continued work and adequate funding for This legislation will further protect access to It was important because they all had the research and treatment for PTSD and TBI, I health coverage for Hawaii’s military retirees, opportunity to see Corporal Taylor return know our service members will be able to at- who have dedicated their careers in service to

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As a legacy weapons programs that we don’t need, amendment, it was not adopted by the full strong advocate for Impact Aid, I welcome the can’t afford and won’t help us deal with the House. Moreover, I offered an amendment to increased amount of this funding, which helps kind of terrorist threat we face now and into H.R. 5856 to strike funding for the Afghanistan ensure the federal government does its part to the future. The House majority is throwing the Infrastructure Fund (AIF). As originally pre- support our nation’s local school districts and poor under the bus even as it throws a kiss to sented in the full House of Representatives, military families and educate military-con- the military-industrial complex. H.R. 5856 proposed $375 million in spending nected children. The bill also continues funding a war that over the next fiscal year for large-scale water, By providing support for the operation, should have been over long ago. As I’ve said power, transportation and other projects in Af- maintenance and procurement for our mili- since 2009, our continued presence in Afghan- ghanistan through the AIF while our national tary’s installations in Hawaii, including Joint istan is prolonging the conflict, not helping end infrastructure is crumbling here in America and Base Pearl Harbor-Hickam, Schofield Bar- it. The President’s ill-considered assassina- in my home state of Rhode Island. While my racks, and Kaneohe Marine Corps Base, H.R. tion-by-drone policy in Pakistan, which now amendment did not pass, I did vote in favor of 5856 protects jobs and advances President features Vietnam war-style ‘‘signature strikes’’ a successful amendment offered by Rep- Obama’s strategic refocusing on the Asia-Pa- against groups of individuals without resentative COHEN to reduce AIF funding by cific region. The measure also affirms the crit- verification of their status as terrorists, has led $175 million. ical role of our citizen soldiers and airmen in to the deaths of an increasing number of inno- With President Obama’s announcement of the defense of our nation in providing for crit- cent civilians. Indeed, the escalation of the the U.S.-Afghanistan Strategic Partnership ical Army equipment needs and rejecting force drone strikes and the loosening of the intel- Agreement in May 2012, our nation took an- structure reductions and aircraft retirements ligence standards under which they operate other step toward the end of combat oper- proposals that would have negatively affected comes even after Osama bin Laden was killed ations in Afghanistan and the transition of mili- Air Guard and Reserve units across the coun- last year. tary and security operations to the Afghans by try. The original rationale for invading Afghani- 2014—a timeline that had not yet been identi- With turmoil continuing in the Middle East, stan—getting bin Laden and his associates— fied in 2011 during consideration of the FY now more than ever we must stand strong no longer exists, yet this bill continues to fund 2012 Department of Defense Appropriations with our friend and ally Israel. This measure a war whose purpose has clearly been Act. I, and many of my colleagues in Con- includes additional funding for joint U.S.-Israeli achieved. There is perhaps no greater exam- gress, would prefer an accelerated drawdown defense cooperation, and continued support ple of a policy on autopilot than our war in Af- of U.S. combat troops—one that allows for the for Iron Dome system, which has protected ghanistan, which is one of the many reasons safe, orderly, and expedited withdrawal of our and saved lives from the daily threat of rock- I do not support this bill. combat forces. During consideration of H.R. ets aimed at towns and cities in a country sur- Mr. CICILLINE. Mr. Chair, the House of 5856, I voted in favor of amendments offered rounded by hostility and instability. Representatives passed H.R. 5856, the De- by Representative LEE and Representative While H.R. 5856 supports our soldiers, sail- partment of Defense Appropriations Act. While GARAMENDI that would have helped bring our ors, airmen and marines in Hawaii and around I strongly oppose some provisions of H.R. troops home from Afghanistan sooner. Unfor- the world, this defense appropriations bill con- 5856, I voted in favor of this legislation in tunately, these amendments did not pass. As tains provisions that raise serious concerns. order to support our troops, military families, the White House has affirmed in reference to For example, this bill slows down the with- and veterans, and to advance other important the Partnership Agreement, the decisions re- drawal of troops from Afghanistan; it is over priorities for our national defense. garding future troop levels and funding will the President’s budget request and over the I applaud the leadership of Chairmen ROG- need to be made in consultation with Con- Budget Control Act passed last year. H.R. ERS and YOUNG and Ranking Member DICKS gress. 5856 excludes funds requested by the Presi- in crafting a bill that provides an increase to I look forward to working with my colleagues dent for the production of domestic biofuel for service members’ pay, strengthens health care in the House and Senate in a bipartisan fash- our military, an important initiative our military services, and advances critical research for ion to reach an agreement in the coming leadership supports. Furthermore, the bill cancer, Traumatic Brain Injury, and other con- weeks that advances the important priorities I places a significant amount of our nation’s re- ditions. H.R. 5856 supports a continued in- have identified while also fulfilling our commit- sources in certain weapons systems the De- vestment in small businesses through the ment under the Budget Control Act, ending the fense Department neither requested nor need- Rapid Innovation Program, provides for the War in Afghanistan as quickly and safely as ed. production of two Virginia-class attack sub- possible, and recognizing the urgent need to It is my hope that Senate will address these marines, advances the Iron Dome program, reinvest in our own economy and our own in- serious issues and that we can pass a final bill and seeks to hold Pakistan accountable by frastructure right here at home. that is fiscally responsible, reaffirms the Amer- ensuring they are cooperating with the United Mr. VAN HOLLEN. Mr. Chair, I rise in reluc- ican people’s commitment to our States in counterterrorism efforts, including tant opposition to H.R. 5856, the FY2013 De- servicemembers and protects our national se- dismantling and disrupting the manufacture of partment of Defense Appropriations Act. curity. improvised explosive devices—an issue that I Last summer, Congress and the President Mr. HOLT. Mr. Chair, I cannot support this specifically addressed through two successful enacted the bipartisan Budget Control Act, bill in its current form. amendments to the National Defense Author- BCA, a difficult compromise by both Demo- It’s telling that every domestic program in ization Act offered earlier this year. crats and Republicans. As a result, caps on this year’s budget is taking a hit—in some However, I must also note my strong dis- both discretionary and defense spending were cases, a huge hit. The House majority seems appointment that this legislation breaches the significantly tightened for Fiscal Year 2013 ap- perfectly fine with cutting grant funding for our Budget Control Act of 2011—the bipartisan, bi- propriations. Because this bill fails the test of firefighters, our cops, and other first respond- cameral agreement enacted into law last year, balance and funds billions of dollars of unnec- ers. The House majority thinks it’s good public which was designed to help rein in spending essary programs within the Defense Depart- policy to cut programs designed to help the and stabilize our nation’s finances. Despite the ment, while disregarding the caps set forth by most vulnerable in our society, but any sug- fact that over $1 billion in spending was re- the BCA, I cannot support it in its current form. gestion that we need fewer defense contrac- duced through the successful adoption of an I hope to support this bill when it returns from tors provokes howls of protest. Any suggestion amendment offered by Representative the Senate. that national security-related corporate welfare MULVANEY and Representative FRANK, effec- I would refer my colleagues to the Budget should be ended—and I’m referring to the tively freezing defense spending in the bill at Control Act and to Section 302, enforcement over-budget F–35 program as a prime exam- current levels, H.R. 5856 still exceeds the of budget goals. It’s right there in plain English ple—evinces the most hysterical rhetoric about budgetary cap set by last year’s Budget Con- what the defense appropriation number will ‘‘weakening America’s defenses.’’ trol Act by several billion dollars. An additional be. That was the Budget Control Act that was

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I support this bill for three reasons: In fact, the Chairman of the Appropriations However, the bill provides billions of dollars (1) Provides all service members a pay Committee, Mr. ROGERS, said last year when in funding that the Department of Defense raise of 1.7 percent, the level included in the we passed it, and I quote: ‘‘Tough choices will says it neither requested nor needs. For ex- President’s request; have to be made, particularly when it comes ample, it continues to fund unnecessary air- (2) Provides $33.9 billion, $334 million to defense and national security priorities, but craft programs that the Defense Department above the President’s request, for Defense shared sacrifice will bring shared results.’’ He did not allot for in its budget this year, and health care programs for our troops, their fam- went on to say, ‘‘The Appropriations Com- spends $138 million to resurrect C–27J con- ilies, and retirees; and mittee has already started making tough deci- tracts that the Air Force decided not to renew. (3) Provides $1.6 billion for measures to sions on spending and will continue under the Many other wasteful items that are unneces- counter improvised explosive devices in Af- spending limits and guidelines provided in this sary to our national defense are included at ghanistan. bill,’’ meaning the Budget Control Act. That the expense of national funding priorities that I would like to thank Chairman YOUNG and was August 1st of last year. directly impact our country’s future economic Ranking Member DICKS for ensuring that there The Chairman of the full Committee was growth, including investments in education, were no reductions in the number of C–17s right last year but the bill that’s before us vio- seniors, and research and infrastructure. that are in use by our Armed Services in the lates that bipartisan agreement. As a result of During this difficult fiscal period we have to Fiscal Year 2013 Defense Appropriations bill. that violation, the Defense Appropriation Bill be much smarter and more efficient about how The C–17 is the Air Force’s premier strategic exceeds significantly what was requested by we shape our defense budget. Throughout this transport aircraft and remains the military’s the Defense Department. The reality is the debate, I have made clear that we must take most reliable and capable airlift aircraft. The other bills that are coming through the Appro- a balanced approach to cutting the budget in- C–17 has proven capable of delivering more priations Committee are taking much deeper cluding eliminating unnecessary spending. cargo, troops, and non-war humanitarian mis- cuts—cuts to education, cuts to affordable There is no doubt that Congress has a re- sions than any other aircraft. The C–17 deliv- health care, cuts to public safety—because of sponsibility to pass a Defense Appropriations ered needed relief supplies and search and the funding increases in this defense bill. In bill which reflects a commitment to the millions rescue teams immediately in the aftermath of other words, our investment in jobs, and the of dedicated men and women and their fami- the destruction in Japan. The C–17 also deliv- economy, and our kids future is being slashed lies who sacrifice to keep our country safe. ered over 10,005 tons of disaster relief sup- as a direct result of the fact this defense bill However, as testimony before the Budget plies and carried 13,812 passengers in re- exceeds the spending level set in the Budget Committee and House Armed Services Com- sponse to the earthquake that struck Haiti in Control Act agreement mittee has made clear, we can reduce de- 2010. Mr. Chairman, I would refer our colleagues fense spending even as we continue to pro- Mr. Chair, in my remaining time let me brief- to the statements made by Admiral Mullen, vide for our men and women in uniform, for ly highlight additional key provisions. This leg- who served as the Chairman of the Joint our veterans and for their families, without islation provides increased funding of $246 Chiefs of Staff. Admiral Mullen pointed out that compromising national security. million for cancer research, $245 million for our military strength depends on our economic Unfortunately, the FY13 Defense Appropria- medical facility and equipment upgrades, $125 strength and our economic strength depends tions bill upends the balance painstakingly de- million for Traumatic Brain Injury and psycho- on our long-term fiscal health. Admiral Mullen signed by the BCA and appropriates funds un- logical health research, and $20 million for sui- said, ‘‘Our national debt is our biggest national necessarily to some programs at the expense cide prevention outreach programs. Also, pro- security threat.’’ He went on to say, ‘‘with the of other high-priority programs. The vides $2.3 billion for family support and advo- increasing defense budget, which is almost unrequested funding provided in this legisla- cacy programs. double, it hasn’t forced us to make the hard tion will result in direct cuts to such national This bill provides $181 million in additional trades. It hasn’t forced us to prioritize. It hasn’t priorities as education, health care, research funds not requested by the President to keep forced us to do the analysis.’’ We can no and development, and vital job training. I am open production lines for the M–1 Abrams longer go along with business as usual if we also concerned that this bill deprives deserv- tank and the Bradley Fighting Vehicle. As our are going to get our fiscal house in order. ing employees of the Department of Defense nation goes through an Armed Forces reduc- That is why this House agreed to the Budg- of a modest cost-of-living adjustment by not tion, protecting critical industries such as U.S. et Control Act last summer, and it’s unfortu- providing for a civilian pay raise of .5 percent, combat vehicle is imperative. Maintaining a nate that this bill comes to the floor in violation as proposed by the Administration. modest and continuous Abrams production of the agreement, in violation of an under- Mr. Chair, there is no higher priority than line is necessary to persevering superior bat- standing that in order to get our fiscal house providing for the security of our country. How- tlefield capabilities. Chairman of the Joint in order, we had to make tough decisions on ever, during these difficult economic times, we Chiefs of Staff General Martin Dempsey said, defense and non-defense alike. And by vio- have to be smarter and more efficient in how ‘‘capability is more important than size.’’ I lating the agreement in this regard, what the we shape our defense budget. In the end, the agree. In April, I signed onto a letter to Sec- Committee is saying is they are not willing to strength of our military depends on the retary of Defense Leon Panetta expressing make really tough decisions. In fact, they’re strength of our economy. If we don’t reduce that sentiment. making irresponsible decisions with respect to our long-term deficit and get our fiscal house H.R. 5856 maintains our military superiority the nondefense domestic spending. in order, we will weaken our capacity to fund by continuing the research and development I agree with Admiral Mullen who said we all a strong military. At the end of the day, this bill of current and future military equipment. This need to share in this responsibility. I agree falls short of accomplishing that objective. bill provides $5.9 billion for procurement of the with what my Republican Colleagues said last Ms. RICHARDSON. Mr. Chair, I rise today F–35 Joint Strike Fighter. Provides $2.6 billion year when we passed the Budget Control Act. in support of H.R. 5856, Department of De- for procurement of modified F–18 Super Hor- Let’s stick to an agreement and let the Amer- fense Appropriations Act for Fiscal Year 2013. nets, which is $562 million and 11 aircraft ican people know that when this body comes H.R. 5856 provides $519.2 billion for the base more than the President’s request. Also, pro- to an understanding after a hard fought com- budget of the Defense Department in fiscal vides $1.8 billion to develop the KC–46A, the promise, we stick with it for the public good. year 2013 which is $3.1 billion above the Air Force’s next-generation aerial refueling air- The Defense Appropriations bill provides President’s request and $1.1 billion above the craft. $606 billion in defense spending in FY13. It in- fiscal year 2012 level. This bill also provides $250 million above cludes $518.1 billion in funding for non-war re- In addition, the Department of Defense the President’s request for the Rapid Innova- lated expenses. It also provides an additional (DOD) appropriations bill provides $88.5 billion tion Fund. This will continue the efforts started $13.7 billion for Military Personnel Programs in fiscal year 2013 contingency funding for on- by the Armed Services Committee in fiscal and $63.5 billion for Operation and Mainte- going military operations in Afghanistan, at the year 2011 to promote innovative research in

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This bill provides During consideration of the bill for staffs have given me since being on the no funding for the Medium Extended Air De- amendment, the Chair may accord pri- Appropriations Committee in the posi- fense Systems (MEADS) program, which is a ority in recognition to a Member offer- tions they are in. joint U.S.-German-Italian effort planned to re- ing an amendment who has caused it to Mr. DICKS, I would especially like to place Hawk and Patriot systems worldwide by be printed in the designated place in thank you for being a mentor and a 2018. Provides $118 million less than the the CONGRESSIONAL RECORD. Those guide star through this, not only on President request for necessary F–22 war- amendments will be considered read. the Defense Appropriations bill, but on plane modifications. Reduces the Defense Ac- The Clerk will read. the Interior bill and, just in general, quisition Workforce Development Fund The Clerk read as follows: working on health care. Thank you so (DAWDF) by $224 million from the fiscal year H.R. 5856 very much. 2013 budget. Be it enacted by the Senate and House of Rep- Over the past 4 years, the Depart- Mr. Chair, this bill is based upon a $1.028 resentatives of the United States of America in ment of Defense has spent a stunning trillion discretionary spending cap for fiscal Congress assembled, That the following sums $1.55 billion on military bands, musical year 2013, which is $19 billion below the are appropriated, out of any money in the performances, and concert tours $1.047 trillion discretionary spending cap Treasury not otherwise appropriated, for the around the world. That’s right, $1.55 agreed to in the bipartisan Budget Control Act. fiscal year ending September 30, 2013, for billion in taxpayer funds for 4 years for With my colleagues across the aisle squeez- military functions administered by the De- military bands. This amendment re- partment of Defense and for other purposes, duces the Pentagon spending for mili- ing our discretionary spending, they are ham- namely: pering our ability to support many key national tary bands and musical performances TITLE I security priorities. from the $388 million in this bill to $200 For these reasons, I urge my colleagues to MILITARY PERSONNEL million for fiscal year 2013. The $188 support and join me in voting for the bill on MILITARY PERSONNEL, ARMY million reduction is a transfer to the final passage. For pay, allowances, individual clothing, deficit reduction account. In the Na- Mr. STARK. Mr. Chair, I rise today in oppo- subsistence, interest on deposits, gratuities, tional Defense Authorization Act, H.R. sition to H.R. 5856, the Department of De- permanent change of station travel (includ- 4310, the House included language to fense Appropriations Act for fiscal year 2013. ing all expenses thereof for organizational limit the authorization for military movements), and expenses of temporary duty Until we can rein in defense spending and travel between permanent duty stations, for musical units not to exceed $200 mil- treat it like all other federal programs facing members of the Army on active duty, (except lion. This amendment conforms with damaging funding cuts, I cannot support yet members of reserve components provided for the defense authorization while cutting another bloated defense budget. Republicans elsewhere), cadets, and aviation cadets; for spending by $188 million. talk about how entitlements like Medicare are members of the Reserve Officers’ Training Our Nation is in a fiscal crisis. The driving the debt. But it is clear that defense Corps; and for payments pursuant to section Pentagon is on pace to spend $4 billion spending has become just as much of an enti- 156 of Public Law 97–377, as amended (42 over the next decade on military bands. tlement, complete with a team of lobbyists and U.S.C. 402 note), and to the Department of Is the United States really going to Defense Military Retirement Fund, members of this body that are more interested $40,730,014,000. borrow money from China and other in protecting defense contractors than pro- foreign countries so the Defense De- AMENDMENT NO. 4 OFFERED BY MS. MC COLLUM tecting our country. partment can spend billions of dollars Ms. MCCOLLUM. I have an amend- This bill marks the 12th fiscal year the for its 140 bands and more than 5,000 ment at the desk printed in the CON- United States has been fighting and funding full-time professional musicians? How GRESSIONAL RECORD. the War in Afghanistan. During this time, we does this enhance our national secu- The CHAIR. The Clerk will designate have pursued a variety of strategies and rity? plans—none of which have delivered peace the amendment. Congress has a duty to provide the and stability to Afghanistan or the region. The The text of the amendment is as fol- necessary resources for our Armed War has, however, contributed to fiscal insta- lows: Forces and to ensure our national de- bility in our own country. Since 2001, we have Page 2, line 22, insert after the dollar fense. We also have an obligation to en- spent $634 billion on the Afghanistan War amount the following: ‘‘(reduced by sure that every dollar in this bill is alone. This appropriations bill is going to cost $96,950,000)’’. Page 3, line 9, insert after the dollar strengthening our national security. another $608.2 billion that we do not have. amount the following: ‘‘(reduced by Spending $388 million of taxpayers’ Yet the cycle continues. $25,550,000)’’. money on military music does not This year’s bill exceeds the Republicans’ Page 3, line 20, insert after the dollar make our Nation more secure. It is a own funding caps set by the Budget Control amount the following: ‘‘(reduced by luxury the Pentagon and the taxpayers Act by almost $8 billion. This bill ignores ad- $23,710,000)’’. can just no longer afford. ministration proposals to delay or terminate Page 4, line 8, insert after the dollar Before he retired last year, former several military programs while providing fund- amount the following: ‘‘(reduced by Defense Secretary Robert Gates said: ing for weapons programs the DoD said it $23,900,000)’’. Page 8, line 2, insert after the dollar We must come to the realization that not doesn’t want or need. Apparently, funding amount the following: ‘‘(reduced by every defense program is necessary, not wars and weapons instead of better health $10,100,000)’’. every defense dollar is sacred and well spent, care, education, and repairing our crumbling Page 8, line 11, insert after the dollar and that more of everything is simply not infrastructure are more important to the Re- amount the following: ‘‘(reduced by sustainable. publican Majority. It is unconscionable for us $1,360,000)’’. Mr. Chairman, the defense dollars I to be cutting these vital programs at the same Page 8, line 15, insert after the dollar want to cut from military musical time we’re increasing the defense budget. amount the following: ‘‘(reduced by units is not necessary; it is not sacred $2,230,000)’’. That is why I joined with Representative BAR- and not well spent with so many other Page 8, line 24, insert after the dollar pressing needs. In this fiscal environ- BARA LEE (D–CA) to offer an amendment to amount the following: ‘‘(reduced by cut that $8 billion from the defense appropria- $3,970,000)’’. ment it is simply not sustainable. tions bill. Page 153, line 15, insert after the dollar I don’t think anyone here today will I urge my colleagues to support this com- amount the following: ‘‘(increased by tell the American people that there is monsense amendment and join me in voting $187,770,000)’’. no waste or excess in the Pentagon’s

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.000 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11597 budget. This Congress should not be account, which pays for very important there’s no doubt that every aspect of protecting waste and excess in the Pen- things like salaries, military expenses government, including defense, must tagon. It should cut it. of feeding and caring for our military come under close fiscal scrutiny. How- There’s a lot of talk, mostly from my personnel. Why should we have our ever, the short-term benefits of deci- Republican colleagues, about pro- military isolated in the community? mating defense will only leave us in a tecting defense from the sequester and They should be part of our commu- more economically precarious position protecting millionaires and billionaires nities. It’s an all-volunteer force, and in the future. This bill properly bal- from expiring tax cuts. Protecting this country needs a good shot of patri- ances the need to make responsible every single defense dollar means shift- otism because we’ve had too much neg- cuts while ensuring that America ing the burden and the pain for billions ativism coming at us from all different maintains its military superiority. of additional budget cuts onto local directions. On a personal basis, I want to thank communities, middle class families, This is a positive country. This is a some friends that are leaving the com- seniors, the poor, and vulnerable chil- patriotic country. We ought to allow mittee, JERRY LEWIS and NORM DICKS, dren. our military to show off their talents for their many years of service. Not Is this Congress going to really kick not only on the battlefield where they only are they colleagues, but they’re more kids off the school lunch program risk their lives, lose their lives, or are good friends, and we’re going to miss or make deeper cuts to our first re- terribly injured. their service here in this institution. sponders in order to justify paying for So I rise in opposition to this amend- So I thank you for all your hard work. more military music? Well, that will ment, and I yield back the balance of Lastly, I urge my colleagues to vote not be my choice. That does not reflect my time. in favor of this bill, and I yield back my values, and it is not the legacy I The CHAIR. The question is on the the balance of my time. want to leave behind as a policymaker. amendment offered by the gentle- Mr. MCGOVERN. Mr. Chairman, I This amendment cuts a program that woman from Minnesota (Ms. MCCOL- move to strike the last word. has grown out of control. It reduces the LUM). The CHAIR. The gentleman from deficit, and it does nothing to impact The question was taken; and the Massachusetts is recognized for 5 min- military readiness, mission strength, Chair announced that the noes ap- utes. or our troops’ ability to defend our Na- peared to have it. Mr. MCGOVERN. Mr. Chairman, this tion. I urge my colleagues to support Ms. MCCOLLUM. Mr. Chairman, I de- year marks the 12th consecutive appro- the McCollum amendment and cut un- mand a recorded vote. priations season that the United States necessary funding for military bands. The CHAIR. Pursuant to clause 6 of has been funding and fighting the war I yield back the balance of my time. rule XVIII, further proceedings on the in Afghanistan. Sometimes it’s easy to Mr. YOUNG of Florida. Mr. Chair- amendment offered by the gentle- forget that we are still deep in war in man, I rise in opposition to the amend- woman from Minnesota will be post- Afghanistan. The threat of nuclear ment. poned. The CHAIR. The gentleman is recog- weapons in Iran, drone strikes in Paki- b 1450 nized for 5 minutes. stan, and the nightmare of mass mur- Mr. YOUNG of Florida. I’m reluctant Mr. CALVERT. Mr. Chair, I move to der in Syria garner the attention of the to do that because I have the privilege strike the last word. news media, but we currently have of working with Ms. MCCOLLUM on The CHAIR. The gentleman from more than 90,000 troops on the ground other subcommittee and on the full California is recognized for 5 minutes. in Afghanistan and about 110,000 con- committee, and she’s always very sin- Mr. CALVERT. Mr. Chairman, I rise tractors. cere and very generous in the way she in strong support of the 2013 Defense Some of these troops are slated to treats the issues that she’s working appropriations bill. come home over this summer, but with, but I just don’t think that we First, I want to thank my chairman many more, approximately 88,000, will want to eliminate military bands. and friend, Chairman YOUNG, and my remain. And the exact number of First, I must tell you that those who friend, Ranking Member DICKS, for troops that will remain in Afghanistan play in the band are trained as basic their hard work, and their staffs, both as the U.S. and allies transition to combat troops and they are called upon the majority and the minority, for an local security forces through 2013 and in a time of emergency. They are extremely thoughtful and balanced 2014 is still unclear. Neither the Pen- called upon to provide security for bill. tagon nor the administration has pub- military headquarters, wherever it In crafting this bill, the Defense Ap- licly laid out post-2014 plans, but they may be located. So I don’t think that propriations Subcommittee held count- are clearly leaving open the possibility we want to do away with that capa- less hearings and ensured that strong of a significant military presence. This bility. congressional oversight was alive and is the reality we face as we open debate Now, 91 percent of the money that well. It’s been an honor to serve on the on this bill. goes to these military bands is to pay Defense Appropriations Subcommittee, Mr. Chairman, I am not convinced the members and their allowances— and I can attest to the hard work that there is any light at the end of the their uniform, their food—and I just that’s gone into this bill. tunnel. I am not convinced that this don’t think that we want to do that. Our Nation’s first priority is the pro- war is coming to an end, and I do not Our military bands play for the Presi- tection of our citizens and our national believe we should continue sacrificing dent, play for military functions; but interests around the world. This bill the dedication and blood of our service- many communities in our country are fulfills that duty. The FY13 Defense ap- men and -women for a deeply flawed constantly inviting military bands to propriations bill also fulfills a promise and corrupt government that is simply come play patriotic programs in our to our U.S. servicemembers that they not ‘‘fixable.’’ Oh, we can change the hometowns, and this is good for our will continue to receive the best train- names, the programs, and the projects, community. This lets us be part of our ing, equipment, and health care. Like- but it’s simply more of the same prob- military. This doesn’t put our military wise, the bill fulfills needed require- lems over and over and over again. in a barracks someplace and keep them ments to ensure that our commanders It is regrettable that this war is not isolated from the general population, have the tools they need to accomplish more of a priority in public debate, and and I think the military should be part U.S. missions around the world and it is unconscionable that debating this of our general population. support America’s defense industrial war is not a top priority for this Con- I just believe that this is not a good base. gress. The majority wouldn’t even let idea. I understand that many Members us have a full debate and vote on an Ninety-one percent of this money may have objections to the overall amendment during the Defense author- will come out of the military personnel funding level of the defense bill, and izations bill to make sure that the

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11598 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 commitments made by the administra- I yield back the balance of my time. I yield back the balance of my time. tion to draw down our troops over the Mr. JONES. Mr. Chairman, I move to Ms. WOOLSEY. Mr. Chairman, I next 2 years are kept. strike the last word. move to strike the last word. Congress is deeply complicit in main- The CHAIR. The gentleman from The CHAIR. The gentlewoman from taining and continuing this war. We’ve North Carolina is recognized for 5 min- California is recognized for 5 minutes. allocated $634 billion for military oper- utes. Ms. WOOLSEY. Mr. Chairman, we’ll ations in Afghanistan since 2001, in- Mr. JONES. Mr. Chairman, I join my be spending the next several days de- cluding the $85.6 billion in this bill. friend from Massachusetts and anyone bating the Department of Defense We’re not just spending those billions, else, Republican or Democrat, who says budget, a whopping $519.2 billion. By Mr. Chairman, we’re borrowing them. it’s time to bring our troops home from anyone’s accounting, that’s a lot of Every single penny for the war in Af- Afghanistan. money. ghanistan has been borrowed, put on I want to thank Chairman YOUNG and What we won’t be debating is the fu- the national credit card, exploded our Ranking Member DICKS for an excel- ture of our presence in Afghanistan. deficit and our debt—every single lent bill. I agree with probably 80 per- You’d think a Congress obsessed with penny. cent of it, but I cannot continue to sup- the deficit and cutbacks would take a Each week of the war in 2012 costs port legislation that sends billions and look at the costliest item on our books: about $2 billion. If the Pentagon’s ‘‘en- billions and billions of dollars to Af- the war in Afghanistan. during presence’’ means thousands of ghanistan. Nope. No debate on that. Instead, a troops remaining in Afghanistan after Mr. Chairman, I have a book here in few of us are coming here to the well to 2014 for who knows how long, then we my hand called ‘‘Funding the Enemy: take a handful of 5-minute slots. This are looking at a trillion dollar war. How U.S. Taxpayers Bankroll the is for a war that has cost our Nation in Meanwhile, we’re cutting funds for Taliban.’’ And one of the critiques I blood and treasure, in ways we may our schools, preparing to slash billions would like to read on the back of this never be able to add up. of dollars from the safety net that’s book is from the State Department b 1500 supposed to keep our people out of pov- Foreign Service Officer named Peter erty. We’re watching our roads and our Van Buren: What are those costs? As of today, bridges crumble, water systems and in- Sober, sad, and important, ‘‘Funding the we’ve spent $548 billion on the war. frastructure decay, and we’re told Enemy’’ peels back the layers of American That’s $10 billion a month. Actually, there’s no money to invest in health engagement in Afghanistan to reveal its rot- it’s more than this year’s DOD budget. ten core: that the United States dollars This year, we face the 2,000th death care and scientific research. meant for that country’s future instead fund And for what, Mr. Chairman, for the insurgency and support the Taliban. in Operation Enduring Freedom. More what? Show me where our military Paying for both sides of the war ensures than 15,000 of our brave men and might has put a permanent end to in- America’s ultimate defeat. women in uniform have returned home stability, violence, or corruption. Even Mr. Chairman, the reason I’m here wounded. Every day we lose one more though the media isn’t focused on it, today is because I have Camp Lejeune servicemember to suicide. And the Af- the violence in Afghanistan goes on. Marine Base in my district. I have ghan people, how many of them have The U.S. death toll for Operation En- signed over 10,474 letters to families died and been wounded? during Freedom is over 2,000—1,919 of who have lost loved ones since we were So the other side of the aisle wants those deaths happened in Afghanistan. lied to in order to go into Iraq. to talk about cost. Well, let’s do that. Members of the Afghan military and And while we were continuing to sup- What has this misguided war cost us in security forces continue to turn their port Karzai, I saw where Vice President international standing? Is the U.S. guns on our troops and murder them. Cheney was on the Hill yesterday. I more popular in the Middle East and According to the Pentagon, 154 Active have seen my colleagues today talking Central Asia? No. Are we any safer? Duty soldiers committed suicide in the about sequestration. I didn’t see Mr. Probably not. As a new generation of first 159 days of this year—that’s al- Karzai here. No. Why should he be Afghan children grow up in an occupied most one per day. And as for our vet- here? He’s got his money in this bill. country, aren’t they learning to hate erans, the VA estimates that a veteran He doesn’t have to worry about seques- the West? Yes. dies by suicide every 80 minutes. tration. All he’s got to do is take care What’s the cost here at home? How How long will we ask our troops and of his corrupt government in Afghani- many cops could we have put on the their families to pay this price? Be- stan. beat? How many homes could have cause they’re the only ones paying for It is time, Mr. Chairman, it is time been saved from foreclosure? How this war, Mr. Chairman, the only ones. that the Congress listen to 72 percent many farmers could get drought relief? I don’t believe we should abandon the of the American people who say: Bring How many small business jobs could people of Afghanistan, but I do believe our troops home now, not later. And I have been created? How many more pa- we must end this war sooner rather join my friend from Massachusetts, my tients could we have cared for at our than later. And I’m not convinced concern about cutting programs for veterans hospitals? We’ll never know. we’re anywhere close to an end. children who need milk in the morning Because instead of having an honest And it’s the fault of Congress. We ap- and senior citizens who need sand- and open debate about our spending prove the money, and we remain silent wiches in the afternoon. We’re going to priorities, we have to grab 5 minutes year after year after year. We need to cut their money, but we’re going to here and 5 minutes there. That’s not stop. We aren’t supporting our troops; still continue to support the Taliban what the American people want. They we’re committing them to suffer life- who are killing American kids in Af- want transparency. They want more long trauma from too many deploy- ghanistan because we have no account- debate. Further than that, they want ments for too long a time over too ability where this $88 billion is going. this war to be over. They want our many years for a war without end, for It is time for this Congress to come troops to come home. a war that always needs just a little together and say, Yes, we will support So, yes, by all means, let’s talk about more time and just a few billion dollars our military, but we will not support a cost; but let’s not squeeze it in among more. corrupt government who is not going $500 billion worth of weapons, planes, Enough is enough. I urge my col- to survive anyway. The enemy, the and the rest of the military industrial leagues to support amendments over Taliban, will take over Afghanistan complex. the next 3 days to reduce the funding when it’s all said and done. I urge the House leadership to have a for this war, bring it to an end, and Please, America, bring pressure on real debate on the war in Afghanistan, honor the sacrifice of our troops by the Congress to bring our troops home and let’s shine some light on how much bringing them and our tax dollars back from Afghanistan. God help our men it costs. home. and women in uniform. I yield back the balance of my time.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11599 Mr. PAUL. Mr. Chairman, I move to Cambodia and Laos. No, I didn’t want death of Osama bin Laden. Another strike the last word. that. Troops don’t want to go to war. I 12,000 have been wounded. Perhaps The CHAIR. The gentleman from was in a Guard unit as well as Active most staggering, more soldiers have Texas is recognized for 5 minutes. Duty. People join the Guard and Re- committed suicide than have died in Mr. PAUL. Mr. Chairman, I rise to serves because they want to defend the combat in Afghanistan. Our troops talk a little bit about the appropria- country. They don’t want to take six bear devastating physical and psycho- tions that are going on, in particular, trips to the Middle East and endlessly logical wounds of war. the appropriations for the very, very see what’s happening. The war in Afghanistan has placed a long war in Afghanistan. Nobody I get stories all the time about their devastating strain on our military, our knows when it’s going to end. buddies being killed, the loss of limbs. troops, and their families. We’ve asked There’s always a pretense. There’s al- Then they say, well, we’re fighting for more and more from them, with many ways a thought that tomorrow’s going freedom. Think about it seriously. How soldiers serving multiple dangerous de- to be a better day. I was in the mili- in the world does going over there and ployments, taking them away from tary in the sixties, and there was al- fighting in either Iraq or Afghanistan their homes and their families for long ways this promise that we’re just have anything to do with our freedom? periods of time. around the turn, and we’re going to Oh, we’re fighting to defend our Con- have peace and prosperity and have stitution. Well, we never had a con- b 1510 perfect results. Well, so far we have not stitutional declaration of war. So The suicide rate, again, is a stark re- had any perfect results in Afghani- that’s all a facade. That’s all to make minder that we’re not meeting our ob- stan—there is a lot of unknown—and people feel guilty that if you don’t ligations to these men and women. here we are appropriating even more keep the war going—in Vietnam, it was Madam Chairman, keeping our troops money to continue this war. we have to win, we have to win. So we in Afghanistan comes at great cost to When you talk about war power and lose 60,000 troops and we didn’t win. So us. Not only does it cost some $8 billion the resolution on how we go to war, it what does that mean? a month, but it continues to cost becomes very complex today. It was After McNamara wrote his memoirs American lives. It is time for us to end originally intended to be very simple: and was a bit apologetic about it, he this war. Instead of more boots on the you went to war when there was a dec- was asked: Does this mean you’re ground, we need to redirect funding to- laration; and the people, through their apologizing for the kind of war you’re ward diplomatic and economic engage- Congressman, voted up or down on in in Vietnam? He said: No. What good ment with the Afghan people. whether you should have a war. Today, is an apology if you don’t change pol- We need to invest in Afghan women, we slip and slide and we fall into these icy? That is the thing. If this is not ensuring that they have basic human traps. We go to war under the U.N. ban- doing well and not doing right, just to rights protections, as well as edu- ner and NATO. We never know why we say either you’re sorry, you’re con- cational and economic opportunities, go to war and what the goals are and tinuing it, we have to have victory and because Afghanistan will never be sta- when the war is over. And they persist. pretend there is a victory around the ble and prosperous if half of its popu- But there is one analysis made which corner, I think we’re fooling ourselves. lation is oppressed. bothers me a bit and, that is, even if We shouldn’t deceive ourselves. We The bottom line is this: hundreds of there isn’t a declaration of war, if some should wake up. If we lived within the billions of dollars, and over 2,000 Amer- of the Members come along, as we have Constitution and lived within our ican lives, have not brought us secu- been for quite a few years, and say, you means, believe me, we would not be in rity. Keeping our troops in Afghanistan know, the Congress never really de- Afghanistan. will not end the threat of terrorism, clared war, the argument they make is, I yield back the balance of my time. nor will it bring stability to the Af- well, as long as you fund a war, you Ms. SCHAKOWSKY. Madam Chair- ghan people. We need a new strategy, give it credibility, and therefore you man, I move to strike the last word. shifting from military force to true en- indirectly support the war. The Acting CHAIR (Mrs. MILLER of gagement. Of course, the argument is not so Michigan). The gentlewoman from Illi- Madam Chairman, we are fighting a much on how we go to war, but if we nois is recognized for 5 minutes. war that has no military solution. In get into war, the whole thing is you Ms. SCHAKOWSKY. Madam Chair- fact, far from making us safer, our on- can’t vote against any money. Well, man, I rise today to join my colleagues going troop presence actually fuels the then you don’t care about the troops. in calling for an end to the war in Af- insurgency and breeds anti-American Oh, you’re un-American. Don’t do that. ghanistan and the removal of U.S. sentiment. Instead of pouring another That carries the weight of the argu- troops and security contractors. $88 billion into continuing this war for ment, and people shy away and say, no, We face real and ongoing challenges another year, I strongly believe we I don’t like the war, we shouldn’t have from terrorist groups around the world; need to end funding for military en- done it, but I can’t go against the but after 10 years of fighting, it is clear gagement in Afghanistan and finally troops. that an ongoing military presence in bring our troops home. Well, I’ve had a little experience in Afghanistan is simply not the answer. I yield back the balance of my time. the last several years traveling the The over-$630 billion we’ve spent on AMENDMENT OFFERED BY MR. MULVANEY country and talking about issues like this war over the past 10 years has not Mr. MULVANEY. Madam Chair, I this and looking for support for a posi- brought us security, and we cannot have an amendment at the desk. tion which is quite a bit different than bring stability to Afghanistan through The Acting CHAIR. The Clerk will re- what we have followed here recently. an ongoing troop presence. port the amendment. Let me tell you, guess what, the troops I support the President’s efforts to The Clerk read as follows: give me strong support. They gave me begin the withdrawal of U.S. troops, a lot of support. It was huge. For any- and I applaud him for starting that im- Page 2, line 22, after the dollar amount, in- sert ‘‘(increased by $4,359,624,000)’’. body to argue that you don’t want to portant process. Yet we need, in my Page 3, line 20, after the dollar amount, in- send troops carelessly into no-win, end- opinion, to act faster to end the war. sert ‘‘(increased by $1,197,682,000)’’. less wars, to think you’re against the We need an accelerated timetable for Page 121, line 12, after the dollar amount, troops, it’s nonsense. troop withdrawal and a plan to ensure insert ‘‘(reduced by $4,359,624,000)’’. When I was in the military—I was that all U.S. forces are redeployed. Page 122, line 3, after the dollar amount, still in in ’65, and that’s when the esca- Madam Chairman, over 2,000 Ameri- insert ‘‘(reduced by $1,197,682,000)’’. lation came in Vietnam—the last thing cans have given their lives in Afghani- Mr. YOUNG of Florida. Madam I was wanting to say is, oh, I want stan in service of their country. That Chairman, the amendment is subject to somebody in there that wants to ex- includes almost 1,500 since January a point of order, but I am going to re- pand the war. Why don’t we go into 2009 and an estimated 400 since the serve the point of order to allow the

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11600 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 gentleman to have his 5 minutes to ex- son, Madam Chair, I would ask for a tion. The accounts on pages 121 and 122 plain what it is he wants to do. ‘‘yea’’ vote on this particular amend- are under the Overseas Contingency The Acting CHAIR. The gentleman ment. Operations allocation. The amendment reserves a point of order. I yield back the balance of my time. transfers funds from the latter to the The gentleman from South Carolina POINT OF ORDER former. is recognized for 5 minutes. Mr. YOUNG of Florida. Madam The Chair is authoritatively guided Mr. MULVANEY. Madam Chair, I Chairman, I make a point of order under section 312 of the Budget Act and thank the chairman and also the rank- against the amendment because it is in clause 4 of Rule XXIX by an estimate ing member for the opportunity to violation of section 302(f) of the Con- of the chair of the Committee on the present this amendment. gressional Budget Act of 1974. The Budget that an amendment providing Madam Chair, the amendment is Committee on Appropriations filed a any net increase in new discretionary something different for me. It is not an suballocation of budget totals for fiscal budget authority in either allocation amendment to reduce spending, and year 2013 on May 22, 2012, House Report would cause a breach of that alloca- it’s also not an amendment to increase 112–489. tion. spending. In fact, this amendment is The adoption of this amendment The amendment offered by the gen- outlay neutral. would cause the subcommittee general tleman from South Carolina would in- Similarly, consistent with what the purpose suballocation for budget au- crease the level of new discretionary chairman and the ranking member dis- thority made under section 302(b) to be budget authority in the bill under the cussed when introducing the bill, this exceeded, and is not permitted under General Purposes allocation. As such, amendment is not a partisan amend- section 302(f) of the act, and I ask for a the amendment violates section 302(f) ment. I do not seek to lay blame on ei- ruling from the Chair. of the Budget Act. ther party or on the President or on The Acting CHAIR. Does any Member The point of order is sustained, and the Congress for the circumstance in wish to be heard on the point of order? the amendment is not in order. which we find ourselves. Mr. MULVANEY. I ask to be heard Mr. WELCH. Madam Chair, I move to This amendment regards simply a on the point of order. strike the last word. policy, a policy that traditionally has The Acting CHAIR. The gentleman The Acting CHAIR. The gentleman had bipartisan support in this House, from South Carolina is recognized. from Vermont is recognized for 5 min- and that policy is that we keep sepa- Mr. MULVANEY. Madam Chair, it is utes. rate spending on the base defense budg- true that a new point of order was cre- Mr. WELCH. Madam Chair, the war et, and spending on the Overseas Con- ated under the Budget Control Act pre- in Afghanistan had a legitimate pur- tingency Operations, or the war budg- venting any legislation from being con- pose when it began. That was the et. sidered in the House that would cause grounds from which Osama Bin Laden It has come to our attention, and discretionary spending to exceed the engineered the attack on the World both the CBO and the GAO have con- caps established in the Budget Control Trade Center. Congress supported firmed, that there is $5.6 billion in the Act. Under that part of the act, Madam going into Afghanistan to take out Overseas Contingency Operation budg- Chair, the entire bill is technically out Osama Bin Laden and to deny a safe et, in the war budget, that should be in of order because the entire bill exceeds haven to terrorists. At a certain point, the base budget. We have taken things the BCA caps by $7.5 billion. the policy transformed from an effort such as the base salaries for men and Ironically then, if this point of order to protect us against a base of oper- women in uniform who are not de- is sustained, then we will effectively ations into a nation-building mission. ployed and are charging that spending keep within the shadows a nonpartisan b 1520 this year to the war budget. policy, something that everyone has Madam Chair, since 9/11 we have had supported in the past, a good govern- That was a grave mistake. Adopting a policy in this House of keeping those ance issue, while allowing the entire nation-building will be seen through two items separate so that we know bill, which also violates the same point the lens of history as being about as ef- the real cost of the war against terror. of order, to proceed. fective as trench warfare in World War We have taken the base defense spend- My amendment is outlay neutral. It I. ing and accounted for it in one fashion, does not increase spending, it does not Our military will do whatever is and accounted for the war budget in an decrease spending. It simply moves asked of them. Our job is to make re- entirely separate system. This year, for spending from the war budget to the quests of them that are reasonable for the first time, Madam Chair, we are base budget, and vice versa. If the them to do. It is not the job of the men blending those numbers. We take $5.6 amendment were agreed to, the budget and women who serve in the U.S. mili- billion of what should be in the base authority in the bill will be exactly the tary to build nation-states in Afghani- budget and move it to the OCO budget. same as it is if the amendment fails, stan. That policy failed militarily. Madam Chair, the committee itself $608,213,000,000. That policy is unsustainable economi- recognizes that it is not good policy. If Accordingly, the amendment does cally. That policy does not make us you look at the bill, you will see that not violate section 302(f)(1) of the Con- more secure. Why? the committee itself says let’s make gressional Budget Act, and overruling One, it is not the job of the military sure not to do this next year and the the point of order gives us the chance to build nation-states. It is the job of year after that and the year after that. to abide by the precedent established the military—and it is one they do And indeed, we have not done it since long ago and embraced by both parties. very well—to protect America from at- 9/11. But we do it this year, this year I respectfully ask that the Chair tack. only in this particular bill, and I think overrule the point of order. Two, if you are attempting a nation- it’s important that we continue to The Acting CHAIR. Does any other building strategy, you need an ally abide by the policy that accounts cor- Member wish to be heard on the point that is going to be a partner with you. rectly for the cost of the war overseas. of order? If not, the Chair is prepared The Karzai government is corrupt. It is So, Madam Chair, what I say to you to rule. infected with corruption. It has exceed- is, this amendment is not about spend- Under House Concurrent Resolution ed our wildest and most pessimistic ex- ing more money. It’s not about spend- 112, as made applicable by House Reso- pectations of what corruption can be. ing less money. It is about accounting lutions 614 and 643, the Subcommittee We do not have a reliable partner. accurately for the spending that we do on Defense has both a General Pur- So the question becomes: At what so that we can tell folks back home ex- poses allocation and an Overseas Con- point do we step back when we have actly what we spend on the base de- tingency Operations allocation. The the responsibility to set a policy that fense of this Nation and what we spend accounts in the bill on pages 2 and 3 protects this Nation, to set a policy in the wars overseas. And for that rea- are under the General Purposes Alloca- that respects our taxpayer, to set a

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Why lieve it is time to come home from Af- ished the job with the death of Osama are we even discussing $88 billion and ghanistan. They understand it. The bin Laden. perhaps hundreds, if not thousands, of President of the United States has said I commend the President for being in more American lives being sacrificed that we will bring our troops home by charge of that operation. But it’s done. halfway around the world, in some can- the end of 2014. So the policies have It’s over. We killed Osama bin Laden. yon somewhere, where some young been changed. The war in Afghanistan, It is time for us to stop the longest war American loses his life or loses his in fact, is over. The question for Con- in American history, whether it is for- legs? Why are we even discussing the gress is: Will we end it? mally declared or not, and I strongly expenditure of the billions of dollars We are giving it ever more money for identify with many of the comments that we really need so much here at a policy we know doesn’t work. We from my friend RON PAUL on the floor home if, for nothing else, than to help know the Karzai government is incapa- here a moment ago. bring down this level of deficit spend- ble and unwilling to be an honest part- It is time for the United States to ing? ner. We know that nation-building is a stop spending more in a month in Af- b 1530 strategy that cannot succeed. We know ghanistan than it would cost to hire that the threat of terrorism, as per- every man and woman in Afghanistan Why are we in this position now? sistent as it is, is not a nation-state- of working age. That’s what we’re Why are we not recognizing this? First centered threat. It is dispersed, and our spending. You could rent the country of all, let’s just note that we are now in military response to that has likewise for a year for what we are spending for a situation where year after year it is become dispersed. a month, and the resolution is going to taking place after we’ve actually ac- So why are we pursuing this policy be exactly the same. Whether it’s 2013, complished our goals in Afghanistan, when we have renounced it, acknowl- 2014, 2015, whether it’s another 100, an- and our troops are still there losing edged that it has failed? other 1,000 American lives, whether it’s their lives. It’s almost like a ‘‘Twilight The American people don’t support $10 billion or $100 billion, it is time for Zone’’ episode. It is worse than some of it. It’s inertia. It is the unwillingness us to give the military a break, to lis- the situations that we saw in Vietnam of Congress to take a definitive action ten to the American public, to reposi- that degenerated year after year after where our policy should match our tion and deal with the challenges at year of America’s deployment of forces deeds. We are bringing our troops hand. there. We don’t need to spend this home. We should have as a policy that Madam Chair, I am haunted by the money. We don’t need to lose their we bring those troops home as quick- notion that we have lost more men and lives. We just need to say we’ve done ly—as quickly—as we responsibly can. women to suicide than we have to hos- our job and come home. Who are we Madam Chair, I yield back the bal- tile action. There are terrible con- watching out for? ance of my time. sequences for this operation that need The State Department ended up basi- Mr. BLUMENAUER. I move to strike go on no longer. cally stealing victory out of the jaws of the last word. I suggest it’s time to end—to save defeat. We won this years ago. Years The Acting CHAIR. The gentleman lives, to save money, to save the strain ago the Taliban were cleared out of Af- from Oregon is recognized for 5 min- on our military—and for this Congress ghanistan. Now we find the situation utes. to get to work on things that will getting worse. I’ve been in Afghani- Mr. BLUMENAUER. Madam Chair, I make a difference for international stan. I fought with the mujahadeen deeply appreciate the difficult job that peace and security, for restarting the against the Soviets there personally. Chairman YOUNG and Ranking Member American economy and for making our Over the years, I was deeply involved DICKS have. This is important legisla- communities safer, healthier, and more with Afghan policy, and people know tion, difficult balancing. It is a time of economically secure. If we do our job in that. The longer we stay there, the strain in terms of the budget, and it is Afghanistan, in scaling it down and in more enemies we’re going to make for a time of strain for the military. But I getting the troops out as quickly as we the United States. do think that my colleagues who come responsibly can, we will take an impor- It’s going to be harder for us to get to the floor and who are questioning tant step in that direction. out next year than it is for us right whether we need to continue the same I yield back the balance of my time. now, and we will have made more en- policy, the same funding, the same di- Mr. ROHRABACHER. I move to emies out of those people when they rection with Afghanistan are right on strike the last word. see foreign troops. Who cares if there is point. This Congress should be spend- The Acting CHAIR. The gentleman someone in a canyon far away scream- ing more time actually engaging in a from California is recognized for 5 min- ing that he hates America? So what. debate on our policy, our practices, our utes. Our guys are going out there right now future in Afghanistan. Mr. ROHRABACHER. Madam Chair- and investigating situations like that We initially went to war to deal with man, first of all, let me note that our and putting their lives on the line be- the protection of the United States. It goal after the vicious terrorist attack cause someone was heard to say good was in Afghanistan that Osama bin on the United States on 9/11 was to things about the Taliban in some deso- Laden hatched the plot that led to the eliminate Osama bin Laden and to late canyon somewhere. What a waste 9/11 attacks. He was protected by his clear Afghanistan, which had been the of American lives. What a waste of our Taliban enablers, and it was entirely staging area of the 9/11 attacks, of resources. On top of it, our State De- appropriate for the Bush administra- Osama bin Laden’s allies, who hap- partment has created a system of gov- tion and this Congress to go after him pened to have been the Taliban. ernment—we created a system of gov- to end that threat and obtain justice. My fellow colleagues, Osama bin ernment—for the Afghan people, and Sadly, before the job was done in Af- Laden is dead. The Taliban were we’re shoving it down their throats ghanistan, before Osama bin Laden was cleared from Afghanistan years ago. So now, the most highly centralized and actually captured, we veered into a it is time for us to declare victory and corrupt system of any government in tragically misguided, flawed, and ex- to bring our troops home. It is not time this world. Mr. Karzai is creating a pensive mission in Iraq. As were many for us to declare that there is going to kleptocracy in Afghanistan. No matter of the colleagues who are joining us be an extension of the deployment of how much we’re trying to help, that

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11602 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 money is disappearing. We’re not able have carried a tremendous load over flect the majority of the American peo- to accomplish it, even though the the past decade of wars in Iraq and Af- ple’s sentiment in terms of their weari- money is going out. ghanistan. Asking them to stay in Af- ness of this war. It’s time to end it. We should recognize that we cannot ghanistan 2 more years when there is I yield back the balance of my time. make history for the Afghan people. no indication that circumstances on Ms. DELAURO. Madam Chair, I move They will have to make it for them- the ground will change is really uncon- to strike the last word. selves. We have cleared Afghanistan of scionable. The Acting CHAIR. The gentlewoman the Taliban. We have eliminated Before we send our men and women from Connecticut is recognized for 5 Osama bin Laden. The Afghan people in uniform into Afghanistan or ask minutes. will now have to shape their own des- them to stay for another 2 years, we Ms. DELAURO. Madam Chairman, we tinies. It is not up to us to expend more have an obligation to answer simple have now had combat troops in Afghan- of the lives of our young people in questions like: What national security istan for over 10 years. It has become order to get the goal that we want, es- interest does the United States cur- the longest war in the history of our pecially when we know now that our rently have in Afghanistan? To what Republic. Over 2,000 brave American government is allied with such a cor- extent does the United States presence men and women have perished in this rupt regime that it will never succeed. in Afghanistan destabilize the country conflict. Because of their sacrifice and the It is time for us to cut the spending, by antagonizing local Afghans? How hard work, dedication, and sacrifices of get the troops home as soon as we can, critical is the overall effort in Afghani- thousands more brave young men and and not waste the lives of more of our stan compared to other priorities in women, al Qaeda has been decimated people. our own country? and Osama bin Laden, the perpetrator I yield back the balance of my time. Earlier this year, along with my col- of the September 11 attacks against Ms. LEE of California. Madam Chair, leagues Congressman WALTER JONES Americans, has been brought to jus- I move to strike the last word. and Congresswoman WOOLSEY and Con- tice. The Acting CHAIR. The gentlewoman gressman MCGOVERN, we held a hearing is recognized for 5 minutes. on Afghanistan with Lieutenant Colo- b 1540 Ms. LEE of California. Madam Chair, nel Daniel Davis. This was an ad hoc Now, almost 11 years after we first first of all, let me just say thank you hearing, mind you, because we should arrived, it is time to bring our military to my colleagues, Representative have had the authority to hold that involvement in Afghanistan to an end. JONES and Representative MCGOVERN, hearing in the House Armed Services Afghanistan is its own sovereign coun- and to all of the Members today in call- Committee or the House Committee on try, and its citizens need to take re- ing for a real debate on the war in Af- Foreign Affairs, but quite frankly the sponsibility for their destiny. As for us, ghanistan, which really should have oc- leadership would not let us have a for- we need to bring our troops home and curred when it was authorized in 2001, mal hearing. So we had our own. to start reinvesting in America again. which, of course, I could not support We had an ad hoc hearing with Colo- At the recent NATO summit in Chi- then knowing it was a blank check. It nel Daniel Davis, a brave, outspoken cago, President Obama and NATO lead- was an overly broad resolution for war whistleblower, who risked his career to ers announced an end to combat oper- without end. I have to thank my col- tell the truth about what he saw on the ations in Afghanistan in 2013 and a leagues today for their leadership in ground in Afghanistan. It was a hear- transition of lead responsibility for se- calling for a safe and swift end to this ing that every Member of Congress curity to the Afghan Government by war in Afghanistan. We all know the should have heard before voting to the end of 2014. These are important simple truth: there is no military solu- spend tens of billions of dollars and steps, but the President also recently tion in Afghanistan. Earlier this sum- risking the lives and limbs of tens of signed an agreement in Kabul that mer, we passed the sad milestone of thousands of Americans in uniform. could keep American troops in the re- 2,000 American lives lost in Afghani- Those of you who attended the hear- gion until 2024. We need to bring our stan. Tens of thousands suffer more ing or read the witnesses’ testimony troops home now, not 16 years from from wounds both visible and invisible. understand that the current strategy of now. As we remember and honor our dead propping up a corrupt regime in Af- This war is costing American tax- and our wounded and pray for their ghanistan will almost certainly fail. payers $130 billion a year. Especially at families and their loved ones, we also Instead of having a full debate on the a time when we are trying to cut the have the duty and responsibility and current strategy in Afghanistan, in- deficit, reduce unnecessary spending, opportunity to act today to ensure that stead of having a real debate about and reinvest in our own economic further losses are avoided and that we what we hope to gain with more years growth, this is far too much. The en- accelerate the transition to Afghans in Afghanistan, we are limited to these tire GDP of Afghanistan is $30 billion, ruling Afghanistan. brief opportunities on the floor to re- less than a quarter of what we are Later on today, I’m going to intro- mind Congress that the American peo- spending year in and year out. duce an amendment to this Defense ap- ple overwhelmingly want to bring the The nation and Government of Af- propriations bill to limit funding in Af- war in Afghanistan to an end. People ghanistan face many tough challenges ghanistan to the responsible and safe are war-weary, and they want this ahead, including working to foster eco- withdrawal of troops. We have the over. nomic development in the foundations power of the purse strings in this This Congress has the opportunity of civil society, such as literacy, edu- House. For those who believe enough is once again to stand with seven out of cation, agricultural development, and enough, we should vote for this amend- 10 Americans who want to bring the the empowerment of women. But these ment. war in Afghanistan to an end by voting are not challenges that are primarily I encourage all of my colleagues to ‘‘yes’’ on several of the amendments military in nature. As such, it is time support the Lee amendment, which will that we’re going to be considering. My to let local Afghans do local jobs and save at least $21 billion and, most im- amendment I will introduce later in build their economy rather than rely portantly, the lives of countless Ameri- this debate will limit the funding to on government contractors. cans and Afghans. Quite frankly, as has the responsible and safe and orderly I have visited in Afghanistan twice been said earlier, it is time to use these withdrawal of United States troops and over the course of this conflict and saw tax dollars to create jobs here at home. contractors from Afghanistan. firsthand how our renewed attention to It is time to rebuild America and also Madam Chair, let me thank once the region since 2009 and the counterin- to provide for the economic security of again our colleagues, Congressman surgency strategy developed by Gen- our brave troops. They have done a tre- MCGOVERN and Congressman JONES, for eral Petraeus has brought marked im- mendous job. They have done every- gathering us here this afternoon. We provements in securing areas, in train- thing we have asked them to do. They have very limited opportunities to re- ing security and police, in establishing

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11603 the rule of law, and in developing local war since 2001. For that same amount Government decided to spend $105 bil- economies. of money, the State of Arizona could lion rebuilding the infrastructure of Perhaps, most importantly, on a trip have had 336,000 children receiving low- this country, less than $53 billion in last March, I felt a sense of optimism income health care for 1 year; 15,000 el- each of the next 2 years for a Nation of in Afghanistan that was not there be- ementary school teachers employed in over 300 million. fore, as well as an understanding our schools for 1 year; 93,000 Head Start You’ve just spent $78 billion rebuild- among our military that the Afghans slots for children for 1 year; over ing the roads and bridges of Afghani- must soon take over and govern their 100,000 military veterans receiving VA stan, a nation of 30 million people. It’s own nation. medical care for 1 year; over 10,000 po- time that we do nation-building right The time is now. For over a decade, lice officers and law enforcement offi- here at home. our troops have accomplished the mis- cers securing our communities and Of the 34 provinces in Afghanistan, sion that they were given. They have neighborhoods for 1 year; 113,000 schol- the spiritual and financial home of the performed heroically. They, including arships for university students for 1 Taliban are Kandahar and Helmand thousands of brave servicemembers year; 139,000 students receiving Pell provinces, because that is dispropor- from Connecticut, have been operating Grants of $5,550. These are just some of tionately where the poppy fields are in one of the most inhospitable envi- the bad trade-offs we are making with that finance the Taliban. The literacy ronments one can imagine, making our national resources, our treasure rate for women in Kandahar province is sacrifices for their country by serving, and our blood on a war instead of fixing 1 percent. The literacy rate for men is as well as losing this time with their the problems here at home. about 15 percent. families. I would like to take a brief second to How do you build up an Afghan police It is time to bring our troops home thank, to honor, and to commemorate force and Afghan national army with and for the people of Afghanistan to those warriors from my district, Dis- people who are illiterate? We have to forge their own destiny. trict 7, for your ultimate sacrifice to build schools and we have to build I yield back the balance of my time. our country: Sergeant First Class Todd roads to get them to those schools and Mr. GRIJALVA. Madam Chair, I Harris, Sergeant Martin Lugo, Ser- electricity to power those schools. move to strike the last word. geant Justin Gallegos, Master Sergeant That, Madam Chairman, is nation- The Acting CHAIR. The gentleman Joseph Gonzales, Sergeant Charles building in Afghanistan. from Arizona is recognized for 5 min- Browning, First Lieutenant Alejo b 1550 utes. Thompson, Sergeant First Class Jona- Mr. GRIJALVA. Madam Chair, after than McCain, Staff Sergeant Donald We need to do nation-building right 11 years, over 2,000 Americans killed, Stacy, Private First Class Adam Hardt. here at home. This $88.5 billion should 16,000 Americans wounded, nearly $400 Our servicemen and -women have be directed immediately to rebuild the billion spent, and more than 12,000 Af- performed with incredible courage and roads and bridges of this Nation, in ghan civilians dead since 2007, we have commitment in Afghanistan. They America. to question the U.S. presence in Af- have done everything that has been According to Transportation for ghanistan. asked of them; but the truth is, they America, we have 69,000 structurally Should we continue America’s long- have been put in an impossible posi- deficient bridges. In New York State est war? At what cost and for how tion, a war with no foreseeable end and alone, we have over 2,000 structurally long? a war that is costing not just them and deficient bridges. In my home commu- The American people have questioned their families, but our country, the nity of western New York, we have 99 and continue to question time and time ability to prosper and to move forward. structurally deficient bridges, and no again—or should we be there, and the It’s time to say enough is enough. plan to address that. Every second of answer has always been a resounding It’s time to take the responsibility to every day, seven cars drive on a bridge no. It’s not new news that the Amer- end this war in Afghanistan, be respon- that is structurally deficient. ican public, Democrat, Republican and sible, but end it. The cost to America, We need to get our priorities in everyone else has soured on the war. the cost to our future is too enormous order. We need to reaffirm our values. The national security rationale has to continue on the path that we’re on, We need to have a vision for rebuilding lost its resonance, and the economic a path that has no end. America. And the best way to do that and human cost in Afghanistan are I yield back the balance of my time. is start with this appropriation and re- crippling our ability to recover from Mr. HIGGINS. Madam Chair, I move programming it right back here at our own deep recession. to strike the last word. home for nation-building here in Amer- According to The New York Times/ The Acting CHAIR. The gentleman ica. CBS report, more than two-thirds of from New York is recognized for 5 min- I yield back the balance of my time. those polled, 69 percent, thought the utes. Mr. BURTON of Indiana. I move to United States should not be at war in Mr. HIGGINS. Madam Chair, the ap- strike the last word. Afghanistan. The U.S. war in Afghani- propriations process and the budget is The Acting CHAIR. The gentleman is stan is costing the U.S. taxpayers near- not only a spending plan about future recognized for 5 minutes. ly $2 billion per week, over $100 billion priorities, it’s also a statement about Mr. BURTON of Indiana. I support per year. Meanwhile, in the wake of the our values. the military 100 percent and I think we worst economic crisis since the Great The United States in 2001 went into ought to give them all the equipment Depression, too many of our neighbors Afghanistan and took out the Taliban and spend the funds that are necessary and friends are out of work, struggle to government. We have also taken out to make sure they’re prepared to fight pay their bills, and look to us for job Osama bin Laden. a war anyplace. And I think we need to creation and support. The United States is proposing to defeat the Taliban and al Qaeda and Americans who feel the sting of doing spend $88.5 billion again this year in make sure that the threats to America more with less are connecting the dots Afghanistan. We’re going into our 11th are eliminated, at least as much as is between our Federal priorities and year of U.S. involvement in Afghani- humanly possibly. spending and the pain they’re feeling stan. Eleven years ago, Afghanistan The reason I took 5 minutes to speak at home. Americans struggling to put was among the poorest and most cor- today is not because I don’t support the their kids through college without Pell rupt countries on the face of the Earth. military or the appropriation for the Grants or running out of employment Today, it is still among the most cor- military, but because I was shaving the benefits with no new job on the horizon rupt and poorest countries on the face other day before I came into work and cannot ignore the cost of the war. of the Earth. I heard the newsman talking about a Arizona families in my district have We’ve lost 2,000 American soldiers, young family and a young man that paid nearly $777 million for the Afghan 16,000 wounded. Last week the U.S. was in the military. I came out while I

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11604 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 was shaving and I looked at the tele- The Acting CHAIR. The gentleman I wish we could have waved a magic vision. It was a beautiful family— from New York is recognized for 5 min- wand and ended it, but we can’t. We young man and a woman and their utes. should not participate in an Afghan child. And they announced that he had Mr. NADLER. Madam Chair, I regret civil war. We do not need to pick the just been hit with an IED and lost both what I am about to say could have been winner in that civil war. We do not arms and both legs, and I was thinking and was said a year ago. Not much has have the ability to pick that winner in what a tragedy for this young man and changed, but more lives have been de- that civil war. All we are doing is wast- for his family and the horrible things stroyed and more billions of dollars ing lives, wasting limbs, wasting peo- they’re going to have to endure have been wasted, all to no intelligent ple, and wasting dollars. We ought to throughout the rest of their lives. purpose. end our involvement in Afghanistan as And then I started thinking about all The whole premise of the Afghani- rapidly as we can physically remove the technology we have. We have sat- stan war is wrong. The rationale for our troops. ellites that can pinpoint a pack of ciga- the war is to fight al Qaeda, but most I yield back the balance of my time. rettes on the ground, and we have of the day-to-day fighting is against an The Acting CHAIR. The Clerk will drones that can fly over enemy terri- entrenched Taliban insurgency that read. tory and pick out a target and hit will outlast any foreign fighters. Fight- The Clerk read as follows: somebody with a Hellfire missile and ing in Afghanistan does not enhance MILITARY PERSONNEL, NAVY blow them to smithereens. And some- the security of the United States in For pay, allowances, individual clothing, body from a thousand miles away sit- any way. subsistence, interest on deposits, gratuities, ting at a computer with a television In 2001, we were attacked on 9/11 by al permanent change of station travel (includ- ing all expenses thereof for organizational screen can direct that drone and that Qaeda. Al Qaeda had bases in Afghani- Hellfire missile. And I started won- movements), and expenses of temporary duty stan, and at that time it made sense to travel between permanent duty stations, for dering to myself: Why in the world go in and destroy those bases—and we members of the Navy on active duty (except don’t we use more of those instead of did. But that took about 3 weeks. We members of the Reserve provided for else- sending young American men and should have withdrawn after those 3 where), midshipmen, and aviation cadets; for women into harm’s way day in and day weeks. members of the Reserve Officers’ Training out like we do? We have the technology The CIA told us a couple of years ago Corps; and for payments pursuant to section to knock out anybody anyplace in the that there are fewer than 100 al Qaeda 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of world that we want to. personnel in all of Afghanistan. So why So I would just like to ask this ques- Defense Military Retirement Fund, do we still have 70,000 troops there, $27,075,933,000. tion of my colleagues: We have to have troops who will continue to risk their special forces. We have to go into cer- MILITARY PERSONNEL, MARINE CORPS lives every day in a war that has al- For pay, allowances, individual clothing, tain spots and knock out bad guys. ready claimed far too many lives? And We’ve got to do that. But when we subsistence, interest on deposits, gratuities, why should we continue pouring bil- permanent change of station travel (includ- don’t have to, when we know that the lions of dollars into an intractable ing all expenses thereof for organizational enemy is in a certain area, instead of mess when we should be devoting those movements), and expenses of temporary duty sending our young men and women in funds to our own economy, our own travel between permanent duty stations, for there, why don’t we send a drone over jobs, our own schools, our own bridges members of the Marine Corps on active duty to a site that we’ve discovered from a (except members of the Reserve provided for and roads and highways, our own hous- satellite and blow the hell out of those elsewhere); and for payments pursuant to ing, social programs, and education? people? Don’t send our young men and section 156 of Public Law 97–377, as amended Afghanistan is in the middle of what women into that kind of a situation (42 U.S.C. 402 note), and to the Department of is, so far, a 35-year civil war. We do not where they’re going to lose their arms Defense Military Retirement Fund, have either the need or the ability to $12,560,999,000. and their legs when we’ve spent all the determine the winner in that war, ILITARY ERSONNEL IR ORCE money on this technology to stop the M P , A F which is what we’re trying to do. If we enemy. And that’s my biggest concern. For pay, allowances, individual clothing, continue on this course, in 2 years subsistence, interest on deposits, gratuities, Why in the world don’t we use that there will be hundreds more dead permanent change of station travel (includ- technology instead of young men and ing all expenses thereof for organizational women going into harm’s way when it’s American soldiers, several hundred bil- lion more dollars wasted, and two or movements), and expenses of temporary duty not necessary? travel between permanent duty stations, for I understand war is important. I three more provinces labeled ‘‘paci- members of the Air Force on active duty (ex- know we have to defeat the Taliban fied.’’ But as soon as we leave, now or cept members of reserve components pro- and those who would take away our in 2014 or 2016 or 2024 or whenever, vided for elsewhere), cadets, and aviation ca- freedoms. It’s extremely important. those provinces will become dets; for members of the Reserve Officers’ And we should support the military ‘‘unpacified,’’ the Taliban and the war- Training Corps; and for payments pursuant every way we can, give them all the lords will step up the fighting again, to section 156 of Public Law 97–377, as and the Afghan civil war will continue amended (42 U.S.C. 402 note), and to the De- tools that are necessary. But let’s use partment of Defense Military Retirement the tools that we have to stop the its normal, natural course. Our troops are fighting valiantly, but Fund, $28,124,109,000. enemy as much as possible without RESERVE PERSONNEL, ARMY putting young men and women in that we are there on the wrong mission. We should recognize that rebuilding Af- For pay, allowances, clothing, subsistence, situation. I don’t want to turn on the gratuities, travel, and related expenses for television next week or next month ghanistan in our own image, that set- personnel of the Army Reserve on active and see more young men and women ting up a stable government that will duty under sections 10211, 10302, and 3038 of who have suffered this way. I’ve been last is both beyond our ability and be- title 10, United States Code, or while serving out to Bethesda and Walter Reed and yond our mandate to prevent terrorists on active duty under section 12301(d) of title I’ve seen the damage that war does. from attacking the United States. 10, United States Code, in connection with And so if we’re going to go to war—and We fulfilled the mission in protecting performing duty specified in section 12310(a) of title 10, United States Code, or while un- we have to go to war, only when we America from terrorists based in Af- ghanistan over 10 years ago. We should dergoing reserve training, or while per- have to. But if we do, let’s use the forming drills or equivalent duty or other technology we have and defeat the have withdrawn our troops 10 years duty, and expenses authorized by section enemy and minimize the loss of life ago. We should withdraw them now. We 16131 of title 10, United States Code; and for that our young men and women are ex- shouldn’t wait until 2014. We shouldn’t payments to the Department of Defense Mili- periencing. have several thousands advisers or tary Retirement Fund, $4,456,823,000. I yield back the balance of my time. troops helping the Afghanis for another RESERVE PERSONNEL, NAVY Mr. NADLER. I move to strike the 10 years. They have their own civil war For pay, allowances, clothing, subsistence, last word. they have been fighting for 35 years. gratuities, travel, and related expenses for

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11605 personnel of the Navy Reserve on active duty TITLE II 35. So when they go and they’re push- under section 10211 of title 10, United States OPERATION AND MAINTENANCE ing their brand or advertising at Code, or while serving on active duty under OPERATION AND MAINTENANCE, ARMY NASCAR, nearly 70 percent of the peo- section 12301(d) of title 10, United States ple aren’t eligible. That’s not their tar- Code, in connection with performing duty For expenses, not otherwise provided for, specified in section 12310(a) of title 10, United necessary for the operation and maintenance get group. States Code, or while undergoing reserve of the Army, as authorized by law; and not The RAND Corporation, in its 2007 training, or while performing drills or equiv- to exceed $12,478,000 can be used for emer- study of recruitment, said that if you alent duty, and expenses authorized by sec- gencies and extraordinary expenses, to be ex- want to increase recruitment, then you tion 16131 of title 10, United States Code; and pended on the approval or authority of the have to increase the number of recruit- for payments to the Department of Defense Secretary of the Army, and payments may ers, period. That was the number one Military Retirement Fund, $1,871,688,000. be made on his certificate of necessity for confidential military purposes, thing. That’s why on July 10, the Army RESERVE PERSONNEL, MARINE CORPS $36,422,738,000. dropped out of it, and they said: Although it is a beneficial endeavor for us, For pay, allowances, clothing, subsistence, AMENDMENT NO. 2 OFFERED BY MR. KINGSTON it’s also rather expensive, and we decided we gratuities, travel, and related expenses for Mr. KINGSTON. Madam Chair, I have could repurpose that investment into other personnel of the Marine Corps Reserve on ac- an amendment at the desk. programs. tive duty under section 10211 of title 10, The Acting CHAIR. The Clerk will So when Ms. MCCOLLUM actually United States Code, or while serving on ac- designate the amendment. originally offered this, it was an $80 tive duty under section 12301(d) of title 10, The text of the amendment is as fol- United States Code, in connection with per- million reduction into the savings ac- lows: forming duty specified in section 12310(a) of count, but since the Army dropped it, title 10, United States Code, or while under- Page 8, line 2, after the dollar amount, in- now we’re offering $72 million. sert ‘‘(reduced by $4,100,000)’’. going reserve training, or while performing Secondly, very, very important for us drills or equivalent duty, and for members of Page 8, line 11, after the dollar amount, in- the Marine Corps platoon leaders class, and sert ‘‘(reduced by $4,200,000)’’. to remember is that the military is re- expenses authorized by section 16131 of title Page 8, line 15, after the dollar amount, in- ducing its size now, not because of se- 10, United States Code; and for payments to sert ‘‘(reduced by $2,300,000)’’. questration, before sequestration. the Department of Defense Military Retire- Page 8, line 24, after the dollar amount, in- They’re dropping the number of troops ment Fund, $651,861,000. sert ‘‘(reduced by $1,900,000)’’. in the Army and the Marines by 103,000, Page 10, line 23, after the dollar amount, alone. The Defense Department’s re- RESERVE PERSONNEL, AIR FORCE insert ‘‘(reduced by $4,000,000)’’. cruiter has said that the recruitment is Page 11, line 25, after the dollar amount, For pay, allowances, clothing, subsistence, high right now because of the economy. gratuities, travel, and related expenses for insert ‘‘(reduced by $700,000)’’. Page 12, line 17, after the dollar amount, Now, number 3, this program has no personnel of the Air Force Reserve on active accountability. In February, our office, duty under sections 10211, 10305, and 8038 of insert ‘‘(reduced by $53,900,000)’’. title 10, United States Code, or while serving Page 13, line 9, after the dollar amount, in- as a member of the Defense Appropria- on active duty under section 12301(d) of title sert ‘‘(reduced by $1,200,000)’’. tions Subcommittee, we asked the Pen- 10, United States Code, in connection with Page 153, line 15, after the dollar amount, tagon: What are your hard numbers? If performing duty specified in section 12310(a) insert ‘‘(increased by $72,300,000)’’. you’re spending $72 million sponsoring of title 10, United States Code, or while un- The Acting CHAIR. The gentleman major sports programs, what are you dergoing reserve training, or while per- from Georgia is recognized for 5 min- getting out of it? And they couldn’t forming drills or equivalent duty or other utes. come up with it. Now, that disturbs me duty, and expenses authorized by section Mr. KINGSTON. Madam Chair, I offer as a fiscal conservative, because I want 16131 of title 10, United States Code; and for this amendment with Ms. MCCOLLUM payments to the Department of Defense Mili- to believe that if the Pentagon is tary Retirement Fund, $1,743,875,000. from Minnesota today. In fact, it was spending that much money on some- her amendment from last year that got thing, they’re able to defend it. NATIONAL GUARD PERSONNEL, ARMY me involved in this. Basically, what The Miller Beer Company actually For pay, allowances, clothing, subsistence, this does is stops the Defense Depart- put it this way. They said it this way. gratuities, travel, and related expenses for ment from using major sports sponsor- They said, on exposure: personnel of the Army National Guard while ships, such as NASCAR motor sports I don’t care how much exposure we get, on duty under section 10211, 10302, or 12402 of and bass fishing, for a recruitment what that is supposed to be worth, or what title 10 or section 708 of title 32, United tool, which is no longer necessary. our awareness is versus the competition. I States Code, or while serving on duty under need to be able to tell our CEO and our section 12301(d) of title 10 or section 502(f) of b 1600 shareholders how many additional cases of title 32, United States Code, in connection There are a number of reasons for beer that I sold. with performing duty specified in section this: In short, the Army can’t tell us how 12310(a) of title 10, United States Code, or while undergoing training, or while per- Number one, it’s not effective. On many recruiters they really do get forming drills or equivalent duty or other May 18, 2012, Major Brian Creech said from this. duty, and expenses authorized by section in the USA Today that the National And, number four, we’ve got seques- 16131 of title 10, United States Code; and for Guard’s spending $26.5 million dollars tration facing us, on top of a $487 bil- payments to the Department of Defense Mili- to sponsor NASCAR got 24,800 inquir- lion defense cut over the next 10 years, tary Retirement Fund, $8,089,477,000. ies. Of those, they got 20 potential re- plus a troop reduction of over 100,000 NATIONAL GUARD PERSONNEL, AIR FORCE cruits. Of those, what did they get for already. We may have additional cuts. the $26 million? Not one single recruit. And Secretary Panetta has said that For pay, allowances, clothing, subsistence, I want to say again, $26 million, 24,000 we need to work together to find better gratuities, travel, and related expenses for inquiries, zero—zero—recruits. It’s not ways to spend the money and stretch personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 effective. our dollars. or section 708 of title 32, United States Code, Now, the National Guard support I’m as pro military as they get. I’m or while serving on duty under section group has been going around with this proud to say I believe the First District 12301(d) of title 10 or section 502(f) of title 32, document saying, Oh, yes, but look at of Georgia has as much military as any United States Code, in connection with per- all the images that we get. Well, again, district in the country. I have four forming duty specified in section 12310(a) of out of this, according to their own doc- major military installations and two title 10, United States Code, or while under- ument, they got 40 recruits. So for the guard facilities. We have every branch going training, or while performing drills or money, if you do the math, that’s of the military, and we have a bombing equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United $72,000 per recruit. range in there. The only thing that has States Code; and for payments to the Depart- And why is that? Well, perhaps be- a bigger population than my military ment of Defense Military Retirement Fund, cause the demographic of NASCAR is are my NASCAR fans. And yet they’re $3,158,015,000. that 69 percent of the people are over saying to me, We’re pro NASCAR, but

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11606 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 we realize the situation in America The Appropriations Committee has about branding; it was supposed to be today is that for every dollar we spend, done a yeoman’s task of making sure about recruiting. That’s why the Army 40 cents is borrowed. We can spend this that we scrub the Department of De- spokesman on CNN said, when they an- money a lot better than we are today. fense budget from top to bottom. I nounced that they were ending their Again, look what we’re spending per think this is a very strong and good ap- 10-year, multidollar, taxpayer-funded recruit. According to the National propriations bill. It does have bipar- relationship with NASCAR, ‘‘It was not Guard document which they provided tisan support. But let’s face it, when a great investment. our office—at least they did provide us we start micromanaging advertising The Navy pulled out. The Marine with a document which we did not get programs to try to recruit National Corps pulled out of NASCAR years ago. from the Pentagon—it is still costing Guard members, we’ve sort of slipped But yet the Pentagon has paid one rac- us over $700,000 per recruit, from their into the absurd. ing team—Mr. Earnhardt’s team—$136 own documentation. The National Guard, from the experi- million in taxpayer funds for the Na- We can do better than this, and ence that they’ve had in NASCAR ad- tional Guard logo on his car in the that’s why Ms. MCCOLLUM and I have vertising in particular, they generated name of recruitment. This year, worked together and reached across 54,000 leads. I wish my colleague had they’re paying Mr. Earnhardt again the aisle to say we can spend this referenced that other than these other $26.5 million, to which the National money elsewhere more effectively. numbers that you referenced before, Guard has reported—this is what the I yield back the balance of my time. which I think are a good reason why Guard told me—20 qualified candidates Mr. MCHENRY. Madam Chair, I rise the Army is not continuing with that expressing interest, zero actual re- in opposition. The Acting CHAIR. The gentleman program. They didn’t design it appro- cruits. For the past 2 years, the National from North Carolina is recognized for 5 priately, apparently. But the National Guard has spent more than $20 million minutes. Guard has got a huge bang for the buck Mr. MCHENRY. Madam Chair, I cer- and has actually gotten recruits be- in taxpayer funds on professional bass tainly appreciate my colleagues, Ms. cause of this form of advertising. fishing tournaments. Folks, we’re in a MCCOLLUM and Mr. KINGSTON, and what I would encourage my colleagues, if fiscal crisis here. Bass fishing is not a they’re trying to achieve, and I cer- they voted ‘‘no’’ on the McCollum national security priority. This Con- tainly support paring down the budget amendments last year—there were two gress is cutting services to commu- where it is appropriate and where it ac- different amendments that deal with nities and needy families because we’re tually saves money. this very same issue. If they voted in a fiscal crisis, yet the Pentagon is My colleague references some num- ‘‘no’’ on those two amendments, they spending in excess of $80 million on bers that come from the Army. The need to vote ‘‘no’’ again. NASCAR racing sponsorships, profes- Army is getting out of this type of Madam Chairman, I would say this sional bass fishing, ultimate cage sponsorship. The numbers that I want again. If you voted ‘‘no’’ on those two fighting, and other sports sponsorships. to give you are from the National amendments that are structurally the The program is a waste of taxpayer Guard that intends to stay in this form same, vote ‘‘no’’ again. I would encour- money; it doesn’t work. of advertising for recruiting purposes age my colleagues to do that, and I Over the past few days, the profes- and also for building goodwill among yield back the balance of my time. sional sports lobby has come out in full the American people. Ms. MCCOLLUM. Madam Chair, I force to protect their taxpayer-funded This sponsorship program that the move to strike the last word. subsidy. For the purposes of the 2013 National Guard has, in one form, one The Acting CHAIR. The gentlewoman Defense appropriation bill, those pro very specific form of sponsorship that from Minnesota is recognized for 5 min- teams are military contractors who they have, as well as a number of oth- utes. have failed to deliver on their contract ers, but this one form of sponsorship Ms. MCCOLLUM. Well, we just heard in the past for the taxpayers for re- for NASCAR, the National Guard saw a from the last speaker that part of what cruits. nearly 300 percent return on their in- all this money is being spent on is I want to thank Representative KING- vestment. Now, that comes from $68 branding and goodwill and that the STON for his leadership on this and million in media exposure. It comes Congress, and we today, should not be joining me to cut a Pentagon program from 5.5 million pieces of merchandise making any changes and microman- that’s just not effective. and apparel that has ‘‘National Guard’’ aging what the National Guard is This committee, in which we’re hav- on it, which has a value of roughly $70 doing. ing this bill discussed right now, has million. This is a huge return for the been bipartisan in the way the bill has b 1610 buck. This is why Fortune 500 compa- been put together and bipartisan in the nies actually advertise through I would call to our colleagues’ atten- way this amendment has been offered. NASCAR—not because it feels good, tion legislation, Public Law 106–398, in If the private sector wants to pool but because it delivers results. the 106th Congress. The Legislative In- their money to sponsor military race And the fact is that no matter the formation System, which is available car teams to demonstrate their patri- size of the military, you’re going to to all of us, directs us as to what really otism, I say fantastic and go for it. But still need recruits. And the fact re- took place in the 106th Congress. it is my job to be a steward of taxpayer mains, if we look at the example of 2005 We directed the Secretary of the funds. where the Army didn’t meet their re- Army, during a period beginning on Oc- I want to be clear about something cruiting goals, what we had to do is in- tober 1, 2000, and ending December 1, else this amendment does not do. This crease the budget for retention. So the 2005, to carry out a pilot program to amendment in no way, shape, or form fact of cutting one area of recruiting test various recruiting approaches. One prohibits or limits military recruiters means that in a couple of years we’ll of them was to be an outreach that the from recruiting at NASCAR races or have to actually pay more for reten- Army was going to do with motor any other sports event. I just want the tion in order to keep the same folks in sports. It doesn’t work, and that’s why military recruiters to attend those the National Guard that we currently the Army has dropped it. races and community events where need. The National Guard, through what there are potential recruits. Furthermore, back to this one par- Mr. KINGSTON had, didn’t come to us di- We need, as Mr. KINGSTON pointed ticular form of advertising, I think it’s rectly. We were provided some sponsor- out, more recruiters doing their job in highly inappropriate for this Congress ship information through NASCAR of the right way. They have ideas, folks, to get into the business of specifying all the contacts and all the hits. Every- on how they can do this better. We how best the National Guard, or what- body who walked through the gate was need to listen to the recruiters. ever branch, should spend their dollars counted as being part of branding. So, I think it will be just irrespon- on recruiting. Folks, this was not supposed to be sible and outrageous that Congress

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11607 would go ahead and continue to borrow cruiting. This report is available at: http:// notice what I would probably have seen money from China to pay one race car www.gpo.gov/fdsys/pkg/CRPT-106hrpt945/pdf/ in the parking lot, and that would have driver’s team $26 million for delivering CRPT-106hrpt945.pdf been a lot of bumper stickers. On those We hope that you find this information zero recruits. Our Nation is facing a helpful. bumper stickers, there wouldn’t be fiscal crisis. Communities and families faces or political advertisements—of and seniors and vulnerable children are NESE F. DEBRUYNE, course, I wish there would be some— bearing the brunt of deep and painful Information Research but it was more numbers: number 3, Specialist; Foreign budget cuts. Congress needs to get its Affairs, Defense and number 11, number 24, number 14. Most priorities in order and stop protecting Trade Section; likely, there would have been a few military spending that doesn’t work. Knowledge Services number 88s out there, which is the car I urge my colleagues to support Mr. Group; Congres- Dale Earnhardt drives for NASCAR. So KINGSTON’s amendment. It’s an honor sional Research with that, right now there is abso- to be a partner to it. We need to cut Service. lutely no reason this Congress should the wasteful spending in programs and Mrs. MYRICK. Madam Chair, I move be telling the Department of Defense reduce this deficit. to strike the last word. how and where to spend money on re- Madam Chair, I yield back the bal- The Acting CHAIR. The gentlewoman cruitment. ance of my time. from North Carolina is recognized for 5 Sport sponsorships have continually Hon. BETTY MCCOLLUM. minutes. been a major source of recruitment and Mrs. MYRICK. Like my colleague, provided a great deal of return on in- CRS RESPONSE: DOD SPENDING ON NASCAR C ENRY SPONSORSHIP Mr. M H , I also am rising because vestment. The only other option is to I do oppose this amendment, saying In response to your request for U.S. De- spend more on recruitment and reten- partment of Defense spending on NASCAR that the Department of Defense has to tion bonuses. As my colleague just sponsorships, we are providing the following limit what they do and decide how they mentioned, when they fall below a cer- information. can recruit. And mainly, it’s micro- tain number, they spend billions of dol- Budget: managing. lars, and we’re not talking about bil- Each of the Military Services use a variety The biggest issue here is this ap- lions of dollars. So this actually saves of marketing and advertising strategies to proach is not going to save a dime in taxpayers’ money so we can continue meet their annual recruiting targets. For ex- the long run because when recruitment to find the young men and women to ample, the U.S. Army has sponsored NHRA goals aren’t met—and that is a chal- serve in our Nation’s military. and NASCAR vehicles and events, as well as lenge—the military pays out nearly $1 As it currently stands, the National the Golden Knights Parachute Team and billion a year in extra recruitment bo- Guard cannot advertise on television, other activities. The different advertising nuses to maintain needed recruitment which significantly limits their oppor- strategies and approaches are designed for numbers. We’re talking, of course, tunities to reach the audience that maximum impact upon the target population about the National Guard, who did they want to reach. This is an effective and derived from annual youth surveys. U.S. Military recruiting advertising for have a 4–1 return on investment in program that remains a key tool for each of the branches is budgeted under ‘‘Op- motor sports. our National Guard and other branches erations and Maintenance.’’ At this level, we But we’ve got to be aware that we’ve of our military services. only have visibility of the Service’s overall got to recruit men and women where This bill is already taking serious budget for advertising, not the specific sub they are. We need the best men and cuts from advertising and marketing programs. women that we can in our military budgets for the Marine Corps, Navy, Authority: service. Of course, we owe all of those Air Force, and National Guard ac- Each of the U.S. Military branches receive who are currently serving a great debt counts. They have all been cut signifi- authority to conduct ‘‘marketing/adver- of gratitude, but I don’t believe that we cantly already before this amendment. tising’’ under the auspices of recruiting re- need to tell them how to best do their There is no reason why we should con- quirements. Please see the attached docu- recruiting. tinue to tie their hands by cutting ment 10 USCS § 3013 for the Department of I’m also a conservative, and I believe more funds from the budget. the Army. strongly in rooting out government These sponsorships provide the abil- An article published on the U.S. Army web ity to market and create branding op- site states ‘‘The U.S. Army Motorsports Pro- waste, but that’s not what this amend- gram began in September 2000 when Congress ment does because in the long run we portunities and familiarity with the directed the secretary of the Army to con- end up spending more money on re- service branches in areas where market duct a five-year motorsports outreach test. cruitment. research shows that the target audi- In 2003, building upon the success of the As my colleague said before, the ence spends its time. For example, data NHRA program, NASCAR was added.’’ For House has twice voted down this shows that NASCAR fans are very the full article, please: http://www.army.mil/ amendment—it’s the same vote—and I large, up to 70 million—I think that’s a article/30553/armv-to-continue-nhra-nascar- urge them to do so again. low number—very patriotic, very pro- sponsorships/ I yield back the balance of my time. military fan base, and are extremely Legislation Public Law No: 106–398 [106th] Mr. PALAZZO. Madam Chair, I move loyal to sponsors of teams and drivers. The Legislative Information System (LIS) to strike the last word. This is exactly who we want joining summary states the following: ‘‘Subtitle F: The Acting CHAIR. The gentleman our U.S. military. Matters Relating to Recruiting—Directs the from Mississippi is recognized for 5 Madam Chair, we are currently deal- Secretary of the Army, during the period be- minutes. ing with very serious cut to our mili- ginning on October 1, 2000, and ending on De- Mr. PALAZZO. Madam Chair, I rise tary because of sequestration. This is cember 31, 2005, to carry out pilot programs to test various recruiting approaches. Re- in opposition to this amendment. not the time or the place to be cutting quires one program to be a program: (1) of Just this past weekend, I had the the tools that our military is using to public outreach that associates the Army great honor and privilege to send over recruit the very best, patriotic young with motor sports competition; (2) under 150 young men and women off to Fort people who want to serve our Nation in which Army recruiters are assigned at post- Bliss to prepare for their final training the military. secondary vocational institutions and com- to go overseas. This is the 857th Engi- The military is maximizing their re- munity colleges to recruit such students and neering Company. Their mission is hor- sources to fulfill their mission at home graduates; and (3) that expands the scope of izontal construction, which is pretty and abroad. If this wasn’t successful, the Army’s current recruiting initiatives. much they’re going to be clearing they wouldn’t be doing it. I ask that Authorizes such Secretary to expand or ex- tend a pilot program after notification of the roads. As we know, that’s one of the my colleagues oppose the amendment, defense committees. Requires a report on the most dangerous missions in Afghani- and I yield back the balance of my above programs.’’ stan. time. For more information see House Report Now, I was too busy shaking hands Mr. BISHOP of Georgia. I move to 106–945, Subtitle F—Matters Relating to Re- and talking to families and others to strike the last word.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11608 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 The Acting CHAIR. The gentleman is good return on investment, dollar for Mr. KISSELL. I rise in opposition to recognized for 5 minutes. dollar. In 2011 alone, the Army Na- this amendment, and I’m not going to Mr. BISHOP of Georgia. Madam tional Guard spent $44 million on mo- repeat what my colleague from Georgia Chair, I’d like to voice my opposition torsports sponsorships. But based on just said. He covered the facts well. to the amendment sponsored by Mr. market value, the total media exposure I think it’s important here that we KINGSTON and Ms. MCCOLLUM, aimed at the Guard received totaled over $150 recognize that relationships matter; banning pro-sports sponsorship by the million, a 336 percent return on invest- and the relationship that we have seen Department of Defense. ment. with the military and especially Truly, we are in an era where the If less is spent on advertising, history NASCAR seems to be getting the brunt people’s government should take proves that DOD will have to increase of the attention here, a long-time rela- proactive efforts to trim excesses from dollars for bonuses to retain current tionship, an important relationship. the budget wherever possible. This military personnel and increase dollars NASCAR grew up in North Carolina. measure, Madam Chair, does not at- for recruiting bonuses. Its home is in my district in central tack an excess of government. If ac- DOD motorsports partnerships have North Carolina. While NASCAR has cepted, the U.S. Government would be resulted in key transfers of technology. spread out throughout the Nation, cutting out a proven successful invest- For example, the first Humvee sent to which we’re excited about, still the ment in our Nation’s military per- Iraq had canvas doors. Additional roots are here at home and in kind of sonnel. armor added created challenges to the rural America. The Army, the National Guard, and Humvee’s suspension systems. The ma- I don’t think it’s any coincidence rines turned to NASCAR engineers to the National Guard Association strong- that when we look at our military help solve the problem. ly oppose this amendment. Last year, forces, about 41 percent of our military An additional project developed by is from what we describe as rural over 280 Members, in a bipartisan vote, the marines is the mine roller. Pushed opposed this amendment. America, which is only 17 percent of in front of trucks, the roller can deto- our population. And that relationship b 1620 nate explosive devices, while pro- between the military and rural Amer- Appropriations Committee Chairman tecting the marines in the vehicle. One ica is very important. The relationship ROGERS and Defense Subcommittee of the first rollers in Iraq took a blast between NASCAR and rural America— Chairman YOUNG have both been op- and saved the three marines inside. and all America—is very important. We posed to this measure in committee The mine roller uses new suspension don’t need to interfere with that rela- votes and floor votes. Chairman YOUNG technology developed by the Joe Gibbs tionship. has repeatedly said in 2012 that he op- NASCAR racing team. Base com- I don’t think it’s any surprise that poses it. manders say that cooperation between the most popular driver in NASCAR Our military deserves access to the base workers and businesses across the drives the National Guard car, No. 88, most qualified potential recruits avail- country is saving troops’ lives. Dale Earnhardt, Jr. This brings kind of Beyond the direct investment, DOD able. A vote in favor of this amend- the relationship and the viewing that pro sponsorships positively influence ment would handicap our military’s re- cannot be done in many other ways, communities surrounding our Nation’s cruiting efforts. and so we don’t need to strike that re- personnel. For example, the National Starting in 1999, marketing the mili- lationship. We need to build upon that. Guard works together with their part- tary through sports opened the door for And when you start looking at the ners in Panther racing and IndyCar to the DOD’s efforts to brand and to show- ramifications, as my colleague talked address unemployment affecting serv- case their services to a specific target about earlier, other ways that this icemembers and their families by spon- money can be used to help build this audience. The National Guard cannot soring hiring fairs, outreach efforts, advertise on broadcast television, so relationship, we look at NASCAR, the and employer education. Special Forces working with NASCAR professional sports sponsorships be- This amendment would likely limit come an efficient, effective means of to develop equipment for our military. the military from participating in the I’m cochair of Invisible Wounds, the reaching target markets for recruiting Olympics, flyovers over games, spon- and retention of citizen soldiers and idea of how we can absorb the energy soring marathons such as the Marine to help our soldiers that are in combat airmen. Corps Marathon, as well as the Blue Our soldiers, sailors, airmen and ma- situations. NASCAR works on this. Angels, the Thunderbirds, and the The tickets that are given to our rines are athletes. It only makes sense Golden Knights. military families, to the military to advertise and market to professional Cutting all funding towards DOD pro themselves, this is all part of that rela- sports venues. Athletes share common sports sponsorships hinders military tionship. It works. We need for it to values with the military such as honor, recruitment of qualified candidates, work. integrity, individual responsibility, impairs employment resources for our I oppose this amendment and ask my teamwork, and self-sacrifice. Nation’s military families, and se- colleagues to also oppose it. Additionally, athletes are a key de- verely damages a positive financial in- I yield back the balance of my time. mographic in the men and women we vestment for our military. Mr. POSEY. I move to strike the last want to serve. With the DOD’s strict To directly quote the DOD: word. requirements for a recruit to qualify, To ensure the Nation fields a military fully The Acting CHAIR. The gentleman only one in every four young people is capable of performing any assigned mission, from Florida is recognized for 5 min- even eligible to join. The DOD’s success we must recruit highly qualified men and utes. rate in recruiting stems from their di- women from across America. This amend- Mr. POSEY. We were at home watch- rect access to potential recruits and ment will directly impact the recruiting quality and overall mission requirements, ing NASCAR on television a couple of influencers of men and women, like- increasing costs, and forcing reductions in years ago, and my wife said, What are minded about their interest in joining the standards for accessions. the armed services doing sponsoring the military, often found at sporting A vote for this amendment is a vote NASCAR cars? Don’t they have a bet- events. against the effectiveness of our mili- ter use to spend their money than to Pro sports sponsorships increase the tary. Please join me in opposing this spend those big bucks on NASCAR? DOD’s visibility, generate recruitment amendment. And I said, Well, Katie, I can under- opportunities at events, and provide a I yield back the balance of my time. stand why you would think that. But, national platform to promote each Mr. KISSELL. Madam Chairman, I you know, we have a volunteer mili- branch’s image. move to strike the last word. tary, and they have to advertise for re- In addition to recruitment and a rec- The Acting CHAIR. The gentleman cruits somewhere. Where would you ognizable national profile, military from North Carolina is recognized for 5 think the money would be better sponsorships in motorsports spotlight a minutes. spent?

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11609 Do you think they should advertise These are from the other side of the directed. So I think this just isn’t a at the philharmonic? Or maybe you aisle. I’m sure I could talk a lot about good idea to pass this amendment. think they should advertise at the bal- my friends on this side of the aisle and I yield back the balance of my time. let. We could surely get some burly, about how they’ve made good and wise Mr. PENCE. Madam Chair, I rise in opposi- mean paratroopers if we advertised at investments, too. tion to the amendment offered by my col- the ballet. I think that NASCAR is a Again, in this case, I’d like for you to leagues, Rep. MCCOLLUM and Rep. KINGSTON. very appropriate place to advertise for rely upon and reflect upon the com- And let me say that while I wholeheartedly recruits, just like boxing rings might ments made by Mr. MCHENRY, who agree to the notion that this body must take be, cage fights might be. talked about the very pure and simple the lead in putting our nation back on the path So I made some inquiries about it to results and accountability that has towards fiscal responsibility, the move to pro- our armed services, and they said, been achieved by letting the military— hibit our military services from advancing re- you’re exactly right on point. As our the people we trust the most with pro- cruitment and retention goals through various good friend, Mr. MCHENRY, from North tecting our country and our freedoms— athletic sponsorships is unwise. Carolina shared with you a little while do the job that they are entitled to do. At a time when the men and women of our ago, the statistics are overwhelmingly Madam Chairman, I yield back the Armed Forces are undertaking operations in favor of expenditures where you get balance of my time. around the world, we must not move to end the greatest return. And the NASCAR Mr. YOUNG of Florida. Madam the successful platforms used by the Depart- sponsorship seems to have the greatest Chairman, I move to strike the last ment of Defense to recruit able men and return, which results in the greatest word. women into their ranks. savings for our taxpayers back home. The Acting CHAIR. The gentleman is Contrary to popular belief, these sponsor- Now, I wish we were spending this recognized for 5 minutes. ships also go far beyond driver appearances, time right now, rather than trying to Mr. YOUNG of Florida. Much of the commercials and decals on race cars. In fact, micromanage how our military most debate that I would have on this the National Guard’s sponsorship of the Pan- efficiently advertises for recruits, dis- amendment would be very similar to ther Racing IndyCar team has not only been cussing the $14 billion our government the one I’d had earlier when the issue successful in raising the Guard’s profile and overpaid to people who were not enti- was of the military bans, so I won’t re- getting it in front of potential recruits, but also tled to unemployment compensation, peat those again. technology transfers between these entities but got it anyway. will allow for our service members to be better I wish right now we were discussing I would mention the fact that this amendment was defeated by this same protected when downrange. the $4 billion in refunds in the form of J.R. Hildebrand, who drives the National tax credits our government has given House several times last year on the Defense appropriations bill. We have an Guard IndyCar, wears ear sensors that meas- to bogus dependents of people who are ure the G-forces he experiences during a interesting situation here, though, here illegally. crash on the racetrack. Those sensors, known today. This amendment is very similar I wish we were talking about the mil- as an Integrated Blast Effects Sensor System, to language later on in the bill that is lions of dollars we’ve wasted in the are now worn by troops in harm’s way. The in- subject to a point of order. It has been GAO. formation gathered can be very useful to neu- skillfully rewritten so that this one is I wish we were talking about the mil- rosurgeons who treat soldiers suffering from not subject to a point of order, but it is lions of dollars we’ve wasted in crony Traumatic Brain Injury, often the result of basically the same issue. capitalism investment in Solyndra and roadside bomb attacks. the like, and so-called green energy en- Now, understand the United States of Understanding the nature and effects of terprises. America does not have the largest Traumatic Brain Injury advances the ways in military in the world. We do have, by b 1630 which we protect and treat our fighting men far, the best—but not the largest—and But no, we’re not. We are sitting here and women, and those same sensors worn by our military is all volunteer. Members J.R. Hildebrand have a direct benefit to our today. Some people are trying to of the military serve because they micromanage how our military gets re- troops in Afghanistan. Furthermore, helmet want to. Yet, as the all-volunteer force technologies developed in IndyCar and the cruits for its all-volunteer Army, and rotates and changes, members are leav- they are telling the people who are best National Football League have been adapted ing—they retire; their time is up; they for military use. And these represent just a few at managing our military how to do get out; they have to constantly be re- their jobs. It’s an old adage. It’s an old of the results from the military’s sponsorships, placed. There has to be a constant flow or partnerships with professional sports. cliche. It seems like everybody knows of recruits coming in as the older mem- how to make a baby stop crying except As our service members return to civilian bers leave. The military has been run- life, they are often faced with a continuing un- the person holding it. I think, in this ning recruiting programs for years and case, that applies, and I think we employment crisis. In partnership with the Na- years and years and very, very success- tional Guard, Panther Racing continues to should yield to the best judgment of fully. They know a little bit about our armed services in how they feel work with the Employer Support of the Na- what it takes to encourage recruiting. tional Guard (ESGR) program, an agency they need to recruit. The amendment, itself, does more I have seen Democratic Presidential within the Department of Defense designed to than just strike out the sports— candidates advertise on NASCAR. I saw connect citizen soldiers with employers. Pan- NASCAR—and all of these issues. It ac- a Democratic gubernatorial candidate ther Racing continues to work with the Cham- tually cuts $30 million more than is advertise on race cars. As far as Okee- ber of Commerce to support the Hiring our chobee Speedway, I was at Okeechobee spent on these issues. I don’t know why Heroes program. At race events across the Speedway once, and I ran into some- they won’t take that extra $30 million. country, the National Guard partnership with body from the other side of the aisle Anyway, we should not pass this Panther Racing brings military members and whom I never expected to see at a race- amendment. It is, like I said, very their spouses together with CEO’s of local track. similar to one that is already in the businesses and ultimately helping get our na- I said, What are you doing here? bill that is subject to a point of order. tion’s veterans back to work. She said, Well, when person ‘‘blank,’’ I say let the military run the recruit- Madam Chair, utilizing military partnerships who was running for Governor, decided ing as they have done successfully for with professional sports can be a vital tool in we needed to focus on middle America, all of these years in order to maintain improving the lives and care of our service she decided she wanted to sponsor a an all-volunteer force—a powerful mes- men and women. The results of these pro- race car at Okeechobee Speedway. sage to the young Americans or the grams speak for themselves. Amendments Before that, I didn’t even know there older Americans who want to serve. similar to the one currently before this body was an Okeechobee Speedway. Men and women want to serve their have been rejected by wide margins and I She said, Do you know what? It was country in the military, and these re- urge my colleagues, on both sides of the aisle, the best investment of campaign cruiting programs get their attention to stand with those who wear the uniform and money we’ve ever spent. and direct them where they need to be oppose the Kingston/McCollum amendment.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0688 Sfmt 9920 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11610 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 The Acting CHAIR. The question is U.S. forces and keep nearly 70,000 ized by law; and not to exceed $14,804,000 can on the amendment offered by the gen- troops in Afghanistan until at least be used for emergencies and extraordinary tleman from Georgia (Mr. KINGSTON). 2015. expenses, to be expended on the approval or The question was taken; and the Act- When the ranking member of the authority of the Secretary of the Navy, and payments may be made on his certificate of ing Chair announced that the noes ap- House Armed Services Committee tried necessity for confidential military purposes, peared to have it. to offer an amendment to replace this $41,463,773,000. Ms. MCCOLLUM. Madam Chair, I de- provision, the majority said it was out Mr. FARR. Madam Chair, I move to mand a recorded vote. of order. When a bipartisan group of strike the last word. The Acting CHAIR. Pursuant to Members of Congress joined together The Acting CHAIR. The gentleman clause 6 of rule XVIII, further pro- on an amendment replacing this provi- from California is recognized for 5 min- ceedings on the amendment offered by sion, the majority blocked that amend- utes. the gentleman from Georgia will be ment. This is the longest war in Amer- Mr. FARR. Madam Chair, I want to postponed. ica’s history, claiming thousands of have a colloquy between myself, the Mr. GARAMENDI. I move to strike lives and costing hundreds of billions of chairman, and the gentleman from the last word. dollars, and the majority simply Washington on an issue regarding costs The Acting CHAIR. The gentleman doesn’t want to talk about it. associated with the security clearance from California is recognized for 5 min- We must talk about this war. We process. utes. must take time to think deeply about Mr. DICKS. Will the gentleman Mr. GARAMENDI. Madam Chair, the sacrifices of those who are serving yield? after more than a decade of war, it is and who have served. To date, 1,875 of Mr. FARR. I yield to the gentleman time to accelerate our drawdown of our military servicemembers have been from Washington. troops in Afghanistan and bring this killed in Afghanistan, leaving thou- Mr. DICKS. I would be happy to dis- war to a close. sands more to endure the unimaginable cuss the costs of the security clearance We’ve sent our brave servicemen and grief of the loss of a loved one. 15,322 of process. -women to Afghanistan to eliminate our troops have been wounded seri- Mr. FARR. As the gentleman knows, the international terrorists who would ously, suffering life-altering injuries. security clearances are necessary to do us harm. They have successfully ex- Not included in that number are those protect our national security and are ecuted this mission with phenomenal with psychological wounds—invisible required for thousands of jobs. This dedication and capacity: they have but no less devastating. We have spent process is also expensive. driven al Qaeda from Afghanistan, de- a half a trillion taxpayer dollars on the DOD pays billions of dollars to the stroyed their training facilities, killed war in Afghanistan, and this legisla- Office of Personnel Management, OPM, or captured most of their top leaders. tion would allocate $88 billion more to to manage the DOD security clearance Under President Obama’s decisive lead- be spent in this year alone. program. OPM has made some improve- ership and thanks to the courage and There are some who would continue ments in their investigation process so competency of our special forces, the 9/ this war indefinitely. They oppose the the program is no longer on GAO’s 11 mastermind—Osama bin Laden—has fixed timeline for ending combat oper- high-risk list, but the problem remains met his just end. ations and for bringing our troops that OPM relies on manual labor to The President has outlined a plan for home. They oppose any concrete plans process DOD security clearances. winding down this war, and I support for transitioning full responsibility for The research scientists at Personnel drawing down our military presence in Afghanistan’s security as quickly as Security Research Center, PERSEREC, Afghanistan even more quickly than possible. Even worse, they would have under the Office of the Secretary of De- the President has suggested. We should American troops continuing to fight fense for Personnel and Readiness, welcome our troops back as heroes and against a domestic insurgency in Af- have developed a suite of automated ensure they receive the support and ghanistan, and they think it’s Amer- tools. Those tools could save millions care that is due when they return. ica’s job to defeat those armed factions of dollars without sacrificing quality if Our military servicemembers and that threaten the Karzai Government, these tools were incorporated into the their families have borne and continue which is, perhaps, the most corrupt security reinvestigation process. I to bear far more than their share of the government in this world. In fact, they greatly appreciate that the chairman burden of this war. I am a member of have inserted language into this bill and ranking member of the Defense the House Armed Services Committee, that says the U.S. objective in Afghani- Subcommittee have included report and I represent the 10th District of stan is to defend the Karzai Govern- language encouraging DOD to inves- California, which is home to Travis Air ment against the Taliban. They also tigate more in automated tools for the Force Base—the largest Air Mobility have an interest in American troops security clearance process. Command unit in the Air Force. Near- defeating the Haqqani Network and Would my colleagues agree that DOD by in Marysville, California, is Beale any other faction that is taking on the needs to leverage the resources of Air Force Base, which is the leader in Karzai Government, involving us in a PERSEREC to integrate their re- intelligence, surveillance, and recon- multisided civil war. search, called ACES, into the DOD se- naissance. Together, 16,000 service- curity reinvestigation process? members across the active duty Na- b 1640 Mr. DICKS. Will the gentleman tional Guard and Reserves, as well as It was never the American mission in yield? over 75,000 veterans, live in my district Afghanistan, nor should it be. As Presi- Mr. FARR. I yield to the gentleman and in the surrounding area. These are dent Obama clearly said last week, from Washington. the people who are disproportionately ‘‘Our goal is to destroy Al Qaeda.’’ We Mr. DICKS. To my good friend from bearing the cost of this war. began a military operation in Afghani- California, I appreciate the attention As their Representative, I owe it to stan with a very clear reason. It’s time that you bring to this issue. It seems them to make sure that we do not ask for us to end this war and bring our that this is a commonsense thing that of them any more than is absolutely troops home. the Department can do to save millions necessary in order to ensure America’s I yield back the balance of my time. of dollars with no negative impact to national security. But the majority The Acting CHAIR. The Clerk will the security clearance process. Requir- here in this House is determined to pre- read. ing DOD security reinvestigators to vent even a serious debate about end- The Clerk read as follows: use the Automated Continuing Evalua- ing the war in Afghanistan. They have OPERATION AND MAINTENANCE, NAVY tion System, ACES, tool will preserve inserted language into the National For expenses, not otherwise provided for, national security despite the tight Defense Authorization Act that would necessary for the operation and maintenance budget constraints that the DOD is fac- actually slow down the withdrawal of of the Navy and the Marine Corps, as author- ing.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11611 Mr. FARR. Mr. Chairman, I thank In 2003, the U.S. Forest Service had 44 Recently, forest fires have been dev- the distinguished gentleman for his re- fixed-wing aerial firefighting aircraft. astating Colorado, and the Air Na- sponse. By 2004, the number had dwindled to 19. tional Guard has been fighting along- I had hoped to attach to the bill lan- And as of June 3 of this year, that side the Forest Service. The Modular guage directing DOD to conduct a re- number stands at only eight. An addi- Airborne Fire Fighting System, or view, but in the interest of the House tional aircraft, on interim contract MAFFS, provides emergency capability rules and jurisdictional matters, I with the Forest Service, and air tank- to supplement existing commercial chose not to. ers borrowed from Canada and Alaska tanker support on wildland fires. This Mr. YOUNG of Florida. Will the gen- are being utilized to try to fill the system aids the Forest Service. When tleman from California yield? shortfall. all other air tankers are activated but Mr. FARR. I yield to the distin- While the Forest Service firefighting further assistance is needed, the Forest guished chairman, the gentleman from fleet has gotten significantly smaller, Service can request help from the Air Florida. the number of wildfires have been in- Force’s MAFFS unit, who can be ready Mr. YOUNG of Florida. I am aware of creasing. In fact, in 2011, 74,000 fires in a few hours notice with this modular the gentleman’s deep interest and ap- burned 8.7 million acres. The most re- system. preciate his flexibility in finding ways cent 10-year average indicates that the When the Air National Guard adds to address this issue. Like my good fires burned an average of 7.4 million the Modular Airborne Fire Fighting friend from Washington (Mr. DICKS), I acres a year. System to their C–130 aircraft, they are agree that we should work with our As the fleet diminishes, stress on re- adding another capability to their air- good friend, Mr. FARR, to ensure that maining aircraft increases. Further, craft. Creating a dual-mission aircraft DOD is leveraging the security clear- the distance between fires and avail- without major modifications to an ex- ance research of the PERSEREC to im- able aircraft have been increasing. The isting piece of equipment is efficient prove the DOD security reinvestigation result is more fires burning out of con- and cost effective. process. trol. Additionally, an increase of flight Quite frankly, we need to get new C– Mr. FARR. I thank both of you for time and cycles contributes to an ear- 130Js for the Guard. I hope that we can your friendship, leadership, and co- lier demise of the remaining aircraft. do that. That’s been a problem we’ve operation. Only eight C–130s equipped with had with OMB over the scoring on this, I yield back the balance of my time. MAFFS units are equipped to supple- whether you can lease them or buy The Acting CHAIR. The Clerk will ment the Forest Service fleet. Even them. This is an interim step, which is read. when all eight are called upon, the a good one, and I think we should ac- The Clerk read as follows: number of heavy air tanker aircraft is cept the gentleman’s amendment. OPERATION AND MAINTENANCE, MARINE CORPS less than half that existed in 2003. We With that, I yield back the balance of For expenses, not otherwise provided for, clearly need more aircraft, and the my time. necessary for the operation and maintenance Forest Service is not likely to produce of the Marine Corps, as authorized by law, aircraft capable of meeting the need b 1650 $6,075,667,000. for the next 2 or 3 years, or probably The Acting CHAIR. The question is OPERATION AND MAINTENANCE, AIR FORCE longer. on the amendment offered by the gen- For expenses, not otherwise provided for, My amendment will provide an in- tleman from California (Mr. GALLE- necessary for the operation and maintenance terim solution to this problem by pro- GLY). of the Air Force, as authorized by law; and viding $8 million to the Air National The amendment was agreed to. not to exceed $7,699,000 can be used for emer- Guard so they can make two existing The Acting CHAIR. The Clerk will gencies and extraordinary expenses, to be ex- Guard wings capable of operating and read. pended on the approval or authority of the flying two legacy MAFFS, one unit The Clerk read as follows: Secretary of the Air Force, and payments may be made on his certificate of necessity each. That will give us four additional OPERATION AND MAINTENANCE, DEFENSE-WIDE for confidential military purposes, tanker aircraft to fight wildfires that (INCLUDING TRANSFER OF FUNDS) $35,408,795,000. have been ravaging the western United For expenses, not otherwise provided for, AMENDMENT OFFERED BY MR. GALLEGLY States. necessary for the operation and maintenance Mr. GALLEGLY. Madam Chairman, I My amendment will also appropriate of activities and agencies of the Department have an amendment at the desk. $16 million for the Air Force to procure of Defense (other than the military depart- The Acting CHAIR. The Clerk will re- two new aerial dispersal units for use ments), as authorized by law, $31,780,813,000: Provided, That not more than $30,000,000 may port the amendment. by the Air National Guard. Activating the legacy MAFFS units will help get be used for the Combatant Commander Ini- The Clerk read as follows: tiative Fund authorized under section 166a of Page 8, line 24, after the dollar amount, in- more planes fighting fires this next title 10, United States Code: Provided further, sert ‘‘(reduced by $24,000,000)’’. year while these new aerial dispersal That not to exceed $36,000,000 can be used for Page 13, line 9, after the dollar amount, in- units are being produced and hopefully emergencies and extraordinary expenses, to sert ‘‘(increased by $8,000,000)’’. available for use within 2 years. be expended on the approval or authority of Page 27, line 7, after the dollar amount, in- Our Nation desperately needs our air- the Secretary of Defense, and payments may sert ‘‘(increased by $16,000,000)’’. craft to fight wildfires, and the Air be made on his certificate of necessity for The Acting CHAIR. The gentleman Guard is ready to go to work. The U.S. confidential military purposes: Provided fur- from California is recognized for 5 min- needs more aircraft available to fight ther, That of the funds provided under this utes. the wildfires that have ravaged Colo- heading, not less than $35,897,000 shall be made available for the Procurement Tech- Mr. GALLEGLY. Madam Chair- rado, New Mexico, Arizona, Nevada, woman, my amendment will provide nical Assistance Cooperative Agreement and Utah this season alone. I urge the Program, of which not less than $3,600,000 funding to the Air National Guard so it support of my colleagues. shall be available for centers defined in 10 can obtain much-needed firefighting With that, Madam Chairwoman, I U.S.C. 2411(1)(D): Provided further, That none equipment so they can more effectively yield back the balance of my time. of the funds appropriated or otherwise made combat the devastating wildfires that Mr. DICKS. Madam Chair, I rise in available by this Act may be used to plan or destroy millions of acres of land and support of the gentleman’s amend- implement the consolidation of a budget or homes every year in the western ment. appropriations liaison office of the Office of United States. The Acting CHAIR. The gentleman the Secretary of Defense, the office of the The likelihood of calling upon from Washington is recognized for 5 Secretary of a military department, or the MAFFS-equipped Air National Guard service headquarters of one of the Armed minutes. Forces into a legislative affairs or legislative and Air Force Reserve C–130s has in- Mr. DICKS. This amendment seeks to liaison office: Provided further, That creased significantly. MAFFS are mod- add more funding to purchase equip- $8,563,000, to remain available until ex- ular air firefighting systems that drop ment vital to the disaster mission of pended, is available only for expenses relat- retardant to create firebreaks. the Air National Guard. ing to certain classified activities, and may

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11612 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 be transferred as necessary by the Secretary this low-ball figure of $18 billion, we ations and maintenance fund, which of Defense to operation and maintenance ap- will not finish cleaning up the sites we provides for our readiness, which pro- propriations or research, development, test know about for the next 250 years. My vides for training. It provides for our and evaluation appropriations, to be merged amendment would simply restore fund- Special Forces; it provides for the sup- with and to be available for the same time period as the appropriations to which trans- ing to the current level to ensure that port, safety and quality-of-life pro- ferred: Provided further, That any ceiling on we continue work removing these dan- grams for our troops and their families, the investment item unit cost of items that gerous burdens from our communities including programs to assist spouses of may be purchased with operation and main- within our lifetime, to say nothing of servicemembers with employment and tenance funds shall not apply to the funds our great, great grandchildren’s. job training, which is a key initiative described in the preceding proviso: Provided At a time when total military spend- of the First Lady. further, That the transfer authority provided ing amounts to more in 1 day than As much as I agree that this needs to under this heading is in addition to any what we spend in an entire year, I be done, we do not want to take it out other transfer authority provided elsewhere in this Act. strongly urge my colleagues to of the defense operations and mainte- reprioritize our investments. These nance, which is our defense-wide oper- AMENDMENT NO. 8 OFFERED BY MR. BLUMENAUER sites are decades—in some cases they ations and maintenance funding. Mr. BLUMENAUER. Madam Chair, I are hundreds of years old. I oppose the amendment. While I have an amendment at the desk. Now, the Defense Department has an would like to help him in some other The Acting CHAIR. The Clerk will obligation to clean up after itself, and way to accomplish this, not from this designate the amendment. they have made great progress. They fund that is so important. Readiness is The text of the amendment is as fol- have made critical technological readiness is readiness; and our troops lows: breakthroughs in removing unexploded have to be trained, they have to be Page 9, line 6, after the dollar amount, in- ordnance, making it less expensive, and equipped, they have to be ready, and I sert ‘‘(reduced by $88,952,000)’’. some of the investments that we have oppose the amendment. Page 16, line 24, after the dollar amount, made have actually saved lives over- Mr. BLUMENAUER. Will the gen- insert ‘‘(increased by $88,952,000)’’. seas, because the same technology that tleman yield? The Acting CHAIR. The gentleman will help us figure out whether it’s a Mr. YOUNG of Florida. I yield to the from Oregon is recognized for 5 min- hubcap or a 105 millimeter shell can gentleman. utes. make a difference in IEDs overseas in Mr. BLUMENAUER. I appreciate Mr. BLUMENAUER. Madam Chair, Afghanistan or Iran. your understanding of the importance we take great pride in the American I strongly urge my colleagues to sup- and your concern about prioritization. military, trained fighting force. We port this amendment. It has oper- If we don’t prolong it in debate and re- work hard to make sure they are prop- ational impacts today for our military. corded vote and all of this sort of erly equipped, but decades of military It has economic development impact, thing, would it be possible to work training has left dangerous explosives which will help us return millions of with you and the ranking member as and harmful chemicals on millions of acres to productive use; and it’s the we move forward to see if there is an acres of United States land. right thing to do. opportunity for us to plus-up this fund This contaminated real estate now I don’t want a situation where we a little further in other areas? serves as housing, schools, parks and shortchange what the Department of Mr. YOUNG of Florida. I thank the playgrounds in every congressional dis- Defense does. Remember, in prior de- gentleman for the question, and I say trict in the country. In fact, you may bates—Mr. DICKS, Mr. YOUNG may re- absolutely yes. I would very much like have read in the morning paper down member—I brought to the floor Larry to do this, because I believe we need to at what is called The Yards near Na- the Lizard coloring books that we were do what it is you want to do. tionals stadium, the development that distributing to school children to warn But I just can’t support taking it is being done there, they discovered a them of the hazards because we hadn’t from an account that provides for read- thousand-pound bomb less than 1 kilo- invested enough to clean up, or the iness of our troops. meter from where we’re debating children that were killed in a former Mr. DICKS. Will the gentleman today. defense operation in San Diego because yield? Mr. YOUNG of Florida. I yield to the To help the Department of Defense they found a bomb when they were gentleman. become a better partner for our com- playing. Mr. DICKS. I would also support the munities and our constituents, I I strongly urge that you approve this gentleman in efforts to find another strongly urge that my colleagues sup- amendment and simply return the less objectionable source for the fund- port an amendment that would pre- funding to the level that we have serve the Department of Defense ef- ing. today. It will make a difference for the Mr. YOUNG of Florida. I yield back forts to employ skilled labor and high- military now and for generations to the balance of my time. tech companies to clean up these dan- come. The Acting CHAIR. The question is gerous liabilities and create economic I appreciate your consideration and on the amendment offered by the gen- development opportunities on these yield back the balance of my time. tleman from Oregon (Mr. BLU- dangerous properties. Mr. YOUNG of Florida. Madam Chair, MENAUER). Congress established the Defense En- I rise in opposition to the amendment. The amendment was rejected. vironmental Restoration Program-For- The Acting CHAIR. The gentleman is AMENDMENT OFFERED BY MR. KUCINICH merly Used Defense Site Program, recognized for 5 minutes. DERP-FUDS, in 1986 to remove haz- Mr. YOUNG of Florida. I am not op- Mr. KUCINICH. I have an amendment ardous material from former Depart- posed to the gentleman’s amendment, at the desk. The Acting CHAIR. The Clerk will re- ment of Defense properties and allow what he wants to do. But a lot of these port the amendment. for safe reuse. Over two decades later, sites, there is no disposition. We don’t The Clerk read as follows: 2,600 properties nationwide require know what’s going to happen to them. Will they stay as owned by the Fed- Page 9, line 6, after the dollar amount, in- cleanup at an estimated cost of over sert ‘‘(reduced by $10,000,000)’’. $18 billion; and I will tell you, my col- eral Government, will they go to com- Page 35, line 15, after the dollar amount, leagues, after having worked in this munities? We don’t know the answer to insert ‘‘(increased by $10,000,000)’’. area for over a dozen years, that prob- that. We don’t know the disposition. Page 35, line 23, after the dollar amount, ably understates it. But they do need cleaning up, and insert ‘‘(increased by $10,000,000)’’. The current funding for the program there is no doubt about that. The Acting CHAIR. The gentleman is less than $300 million, one-half of 1 Here’s my problem with this amend- from Ohio is recognized for 5 minutes. percent of base defense spending. At ment. He takes the funds from the de- Mr. KUCINICH. Madam Chair, today this rate, the Department estimates, at fense-wide readiness fund, the oper- I, along with my colleague BOB FILNER,

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11613 am offering an amendment to restore I yield back the balance of my time. ranking member know that I appre- an overall loss of $10 million in re- Mr. YOUNG of Florida. Mr. Chair- ciate their support for the Gulf War search funding dedicated to finding a man, I move to strike the last word. veterans in the previous amendment. I cure for gulf war illness, an illness that The Acting CHAIR (Mr. BASS of New also submit that this particular directly affects over one-fourth of vet- Hampshire). The gentleman is recog- amendment addresses another area erans from the first gulf war. nized for 5 minutes. that is receiving attention in the This amendment has the support of Mr. YOUNG of Florida. I’m happy media but needs some money behind it the Veterans of Foreign Wars. It has that I’m finally given an opportunity to make sure that it receives attention the support of the Vietnam Veterans of to be supportive of an amendment of- from the Department. America, and the support of the Na- fered by my friend, Mr. KUCINICH, be- This amendment to the Defense ap- tional Vietnam and Gulf War Veterans cause so often I have to oppose his propriations bill will increase funding Coalition. amendments. for suicide prevention among our sol- b 1700 This bill already includes $10 million diers by $6 million. Now I happen to for the program. He’s concerned that According to the Congressional Budg- know there are members on this com- the Veterans Affairs and Military Con- et Office, it will reduce total outlays mittee who are very concerned about struction Subcommittee did not in- by $7 million. the increased level of suicide among Veterans of the first Gulf War suffer clude an additional $5 million. And I those who serve. And it’s a bipartisan from persistent symptoms, including understand that. And that’s okay. But concern. We know the heartbreak chronic headache, widespread pain, medical research on Gulf War Illness, that’s out there when someone who cognitive difficulties, debilitating fa- or whatever it is, is important. What serves this country finds that the con- tigue, gastrointestinal problems, res- we learned from this program could ditions that they’re in either during piratory symptoms, and other abnor- help us in other programs on diseases service or just afterwards are so hor- malities that are not explained by tra- coming from Iraq and Afghanistan. rendous that they take their own life. ditional medicines or psychiatric diag- We’re seeing, if you get a chance to Far too many troops coming home nosis. Research shows that as these visit at Walter Reed Bethesda Hospital, from war have sustained numerous brave veterans age, they’re at double some very strange bacteria and viruses mental insults, including post-trau- the risk for ALS, or Lou Gehrig’s dis- and mold and funguses that are coming matic stress order and traumatic brain ease, as their non-deployed peers. from places that we never expected to injury. The mental anguish for them is There may also be connections to mul- see. But we’re seeing them now. so unbearable that they’re stripped of tiple sclerosis and Parkinson’s disease. So this research program could help hope and they just feel that they have Sadly, there are no known treatments another research program to deal with to take their own lives. And sometimes for the lifelong pain these veterans en- these deadly diseases that are affecting they take not only their lives but the dure. our troops in large numbers. And so lives of loved ones as well. Gulf War Illness research was slated while we’ve already done $10 million in There was a New York Times article to receive a total of $25 million in fis- this bill, I’m going to agree with Mr. in June of 2012, which said: cal year ’12: $15 million at the VA and KUCINICH and agree to his amendment The suicide rate among the Nation’s active $10 million at the DOD’s Gulf War Ill- to add the additional money. duty military personnel has spiked this year, ness Research Program. We’ve learned Mr. DICKS. Will the chairman yield? eclipsing the number of troops dying in bat- that the VA cut $10 million from its FY Mr. YOUNG of Florida. I will yield to tle and on pace to set a record annual high ’13 program, which more or less sup- the gentleman. since the start of the wars in Iraq and Af- ports allegations that VA officials, Mr. DICKS. I agree with the chair- ghanistan more than a decade ago. whose views on Gulf War illness have man. This Gulf War Illness has been There’s almost one troop suicide per been discredited by the Institute of something that bothered me a great day. Women face additional difficulties Medicine and the scientific commu- deal. This was a very difficult diag- and have a higher rate of attempted nity, are obstructing the research. The nosis, what was causing this. But I suicide. Being a victim of sexual as- veterans of the first Gulf War who re- think an additional investment here is sault, for example, is a known risk fac- main without a cure should not have to worthy, and I think we should accept tor for suicide. The disincentives to pay the price for this controversy. the amendment. I’m glad the chairman simply reporting such an assault are That’s why this amendment would re- accepts it. many and strong, which means getting store $10 million into a research pro- Mr. YOUNG of Florida. I thank the help is even harder. gram that has proven itself: The De- gentleman for those comments, and I The epidemic of veteran or active fense Department’s Gulf War Illness thank Mr. KUCINICH for offering the duty military suicides is not only a Research Program. amendment. reason to increase funding for preven- Last year, researchers funded by this I yield back the balance of my time. tion of suicides, it’s a reason to end the program completed the first successful The Acting CHAIR. The question is wars. It’s one of the hundreds of rea- pilot study of a medication to treat one on the amendment offered by the gen- sons that are independently sufficient of the major symptoms of Gulf War Ill- tleman from Ohio (Mr. KUCINICH). to end the wars. But until we end these ness. The critical increase in funding The amendment was agreed to. wars, the very least we can do is to from this amendment was built on AMENDMENT OFFERED BY MR. KUCINICH summon a good faith effort to do ev- progress that’s already been made, in- Mr. KUCINICH. I have an amendment erything we can to prevent soldier sui- cluding a followup clinical trial, as at the desk. cides. well as other promising studies which The Acting CHAIR. The Clerk will re- The amendment’s offsets come from have been waiting for funding. The off- port the amendment. the Pentagon Channel. set for this amendment comes from the The Clerk read as follows: Mr. DICKS. Will the gentleman $32 billion Operations and Maintenance Page 9, line 6, after the dollar amount, in- yield? Defense-Wide Account in title II. sert ‘‘(reduced by $7,800,000)’’. Mr. KUCINICH. I yield to the gen- Congress has a responsibility to en- Page 35, line 15, after the dollar amount, tleman. sure that these Gulf War veterans who insert ‘‘(increased by $6,000,000)’’. Mr. DICKS. With all due respect, we put it all on the line and who are pay- Page 35, line 16, after the dollar amount, have accepted the gentleman’s pre- ing with a lifetime of pain and a poten- insert ‘‘(increased by $6,000,000)’’. vious amendment. On this one we have tially shortened life—it’s our responsi- The CHAIR. The gentleman from already added $20 million to the budget bility to make sure they’re not left be- Ohio is recognized for 5 minutes. for this purpose, and we will, if nec- hind. I urge my colleagues to support Mr. KUCINICH. I want to thank the essary, go higher in conference because this amendment to fully fund research chairman. I also want to let the chair- of the gentleman’s concern, the chair- into Gulf War Veterans Illness. man of the full committee and the man’s concern, and my concern. But to

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11614 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 totally eliminate funding for the Pen- pressure on the military organizations resulted in the loss of 24,000 Depart- tagon Channel, I think, is a mistake. to do everything they can. ment of Defense files. Secretary of De- There’s very valuable information that Mr. DICKS. Reclaiming my time just fense Leon Panetta has stated that is received by the military, by the Con- for the moment, the point is we have 60,000 new software programs are iden- gress, by everybody who watches this also added money for traumatic brain tified every day which threaten our se- thing. injury, for posttraumatic stress dis- curity, our economy, our citizens, and It’s the source of the amendment. So order. Our subcommittee has been at our military. I would ask the gentleman if he would the forefront of providing additional High-tech threats require high-tech withdraw the amendment and then resources beyond the administration’s defenses to combat the attacks that work with us and we will do the best request for a number of years, since face our armed services on the front we can to get to a higher level in con- this has become a major issue. But I lines and our businesses here at home. ference. would just ask the gentleman to try to Proper funding for our cybersecurity Mr. KUCINICH. The short answer is work with us on this one because of the defenses and advanced research yes. source issue, and we’ll work together projects is critical to our national se- Mr. DICKS. This has become the and do the best we can. curity in today’s high-threat environ- issue of this war, when more people are Mr. KUCINICH. Will the gentleman ment. dying of suicide than are in combat. We yield? The Air Force has always taken the don’t want to lose any lives. It means Mr. DICKS. I yield to the gentleman lead in cyberspace defenses, yet over $1 that there is a serious problem. And we from Ohio. billion is proposed to be cut from their want to work with you to address that. Mr. KUCINICH. I have confidence in research, development, test and evalua- Mr. KUCINICH. Can I ask the chair- the good faith of the chairman and the tion programs under this bill. These man of the full committee if he would ranking member. I know that you’re cuts are not justified based on the fre- enter into a colloquy for this? both concerned about this, you’ve said quency and magnitude of the threats. First of all, I want to acknowledge so now, but I also know that you’ve These cuts would further expose our my friend from Washington for his demonstrated this at other times. So networks and adversely affect our serv- commitment. This isn’t the first time what I would ask is that we could work ice departments and agencies such as you and I have talked about this long together to look at the amount that is Strategic Command, the Defense Intel- commitment to address this suicide in there programatically right now, ligence Agency, and the National Secu- prevention. find a way to plus it up so that we can rity Agency. make sure that the people on Active Secretary Panetta has stated: I would ask the chairman of the full The next Pearl Harbor we confront Duty and those that just left Active committee, would you be willing to could very well be a cyberattack that Duty know about programs, have ac- support such an endeavor to plus-up cripples our systems. the funds for suicide prevention in the cess to programs, and have access to We simply need to protect our net- conference? the kind of treatment that would be works by providing the funding levels necessary to cut down the number of b 1710 necessary to do just that. suicides. My amendment would restore $30 Mr. YOUNG of Florida. Will the gen- In view of this colloquy, I will with- million to the Air Force’s Research, tleman yield? draw the amendment. Again, I thank Development, Test and Evaluation pro- Mr. KUCINICH. I yield to the gen- both gentlemen. grams and reduce Operations and Main- tleman from Florida. The Acting CHAIR. Without objec- tenance by the same amount to sup- Mr. YOUNG of Florida. This issue is tion, the amendment is withdrawn. port research and development of extremely important to all of us. At There was no objection. cyberdefense, advanced communication every one—well, almost every one—of AMENDMENT OFFERED BY MR. HANNA and information technology programs. our hearings, we insisted on getting Mr. HANNA. I have an amendment at Recognizing the need for fiscal re- good answers from the military as to the desk. straint, if adopted, my amendment what they could do, what would they The Acting CHAIR. The Clerk will re- would still fund the Research, Develop- do, what did they plan to do to prevent port the amendment. ment, Test and Evaluation account by the suicides. We have supported so The Clerk read as follows: $1.6 billion, or 6 percent, below this many programs and added the addi- Page 9, line 6, after the dollar amount, in- year’s level; and overall, Operations tional money that Mr. DICKS has sert ‘‘(reduced by $30,000,000)’’. and Maintenance would still receive talked about. Page 32, line 6, after the dollar amount, in- $12.1 billion above the enacted levels. The Acting CHAIR. The time of the sert ‘‘(increased by $30,000,000)’’. Now is simply not the time to cut gentleman from Ohio has expired. The Acting CHAIR. The gentleman back on high-tech research and devel- Mr. DICKS. I move to strike the req- from New York is recognized for 5 min- opment without justification. I urge uisite number of words. utes in support of his amendment. my colleagues to support this amend- The Acting CHAIR. The gentleman Mr. HANNA. Mr. Chair, I would first ment to restore funding for these pro- from Washington is recognized for 5 like to thank the chairman and the grams which are vital to our 21st cen- minutes. ranking member for their good work on tury defenses. Mr. DICKS. I yield to the chairman. this bill. I’m inclined to support the I yield back the balance of my time. Mr. YOUNG of Florida. We have also underlying bill but believe it can be, Mr. YOUNG of Florida. Mr. Chair- funded money for the Yellow Ribbon and should be, strengthened through man, I move to strike the last word. Foundation, which is actually to help this amendment. The Acting CHAIR. The gentleman is servicemen and -women return to soci- The Department of Defense faces recognized for 5 minutes. ety to avoid their desire to commit sui- more than 10 million cyberattacks Mr. YOUNG of Florida. I reluctantly cide. every day. The damage and frequency have to oppose this amendment for Just putting money here is not going of these attacks have been rapidly in- much of the same arguments I used to solve the problem. It’s going to take creasing over recent years. Attacks earlier by taking the money out of a lot of work on the part the military, against our networks cost our busi- O&M defense-wide accounts, which is on the part of the social workers who nesses more than $1 trillion per year in where we provide for our readiness. deal with these soldiers, sailors, air- lost intellectual property and other And we just cannot continue to take men, and marines coming out of the damages, resulting in theft of innova- money out of this fund and use it as a services. Just money is not going to tion and real damage to our economy slush fund. Readiness, we have got to solve this problem. It is a bigger issue and American jobs. maintain. We can’t take a chance on than money. But we have provided a For example, a cyberattack in March not being ready in the event a situa- lot of money, and we continue to keep of 2011 against the military contractor tion develops.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11615 Now, on the issue of cyber, there’s no the Spinal Cord Injury Research Pro- I yield back the balance of my time. doubt that this is a growing threat. It’s gram within the Congressionally Di- Mr. YOUNG of Florida. Mr. Chair- even a larger threat than most people rected Medical Research Program. man, I move to strike the last word. realize today. And members of this Spinal cord injuries are a serious The Acting CHAIR. The gentleman is committee understand that threat be- combat-related condition affecting recognized for 5 minutes. cause we have spent a lot of time deal- many of our servicemen and -women. Mr. YOUNG of Florida. The gen- ing with cyber. But there are other In response, Congress established the tleman, the sponsor of the amendment, places in this bill where the gentleman Spinal Cord Injury Research Program has discussed this with us at length for could offer his amendment that would, in 2009 to support research into regen- quite some time. This is an immediate I think, apply better. erating and repairing damaged spinal problem and a growing problem and If we’re dealing with a nonmilitary cords and improving rehabilitative one that we have to face up to. cyber program, it should be done therapies. We do not oppose this amendment. through the Homeland Security bill, More than 30 years ago, when I was We agree with the amendment. first injured with a spinal cord injury, I yield back the balance of my time. and they do have money in that bill. If The Acting CHAIR. The question is it has to do with the FBI’s law enforce- I was told that I’d never walk again and that you just can’t repair the spi- on the amendment offered by the gen- ment work on cyber, it should be in the tleman from Rhode Island (Mr. LAN- Commerce-State-Justice bill where nal cord. Well, now, some 30 years later, we know that that is not accu- GEVIN). there is money there for that. The amendment was agreed to. I’m afraid this gets a little close to rate. In fact, it is no longer a question of if we can repair spinal cords, but AMENDMENT OFFERED BY MR. SESSIONS being an earmark that is not an ear- Mr. SESSIONS. Mr. Chairman, I have mark. For example, there are those in when. This offers great hope to our men and women in uniform who have an amendment at the desk. the media suggesting that Members are The Acting CHAIR. The Clerk will re- increasing program amounts just so been the victims of a spinal cord injury in combat. In fact, recent research port the amendment. that that program would favor some- The Clerk read as follows: thing in their own district. This gets promises to make the repair of spinal cord injuries a reachable goal in the Page 9, line 6, after the dollar amount, in- very close because of a particular lab- sert ‘‘(reduced by $10,000,000)’’. very near future. oratory in Mr. HANNA’s district. I’m Page 35, line 15, after the dollar amount, In one study released earlier this not opposed to his supporting his lab- insert ‘‘(increased by $10,000,000)’’. year, in fact, rats with severe spinal in- Page 35, line 23, after the dollar amount, oratory, but I think it does get to the juries were able, following a insert ‘‘(increased by $10,000,000)’’. point that maybe this is a program in- groundbreaking new treatment, to The Acting CHAIR. The gentleman crease that could be directed to a spe- walk, run, and even climb stairs. Sci- from Texas is recognized for 5 minutes. cific district or a specific project. entists in charge of the trial said a Mr. SESSIONS. Mr. Chairman, first, We’ve already funded a lot in cyber, similar approach could be used on I’d like to recognize both of the gentle- and we will continue to fund cyber. human patients with spinal injuries, men that are here on behalf of the com- Every year it grows, we grow with it. with a clinical trial possible within 1 or mittee today, the gentleman, Mr. But we can’t do this at the expense of 2 years. DICKS, and the gentleman, Mr. YOUNG, our defense-wide Operation and Main- This and other research provides real for their outstanding service not only tenance accounts that provide for our hope to our military servicemembers to our country, but to this Congress, on readiness. and veterans who have suffered severe behalf of making sure that we have b 1720 nervous system damage while defend- freedom and that the men and women I’m not going to produce a bill or ing our freedom, as well as the 1.275 who protect this country are properly support a bill that cuts into the readi- million Americans estimated to be par- taken care of. I express my gratitude alyzed as a result of a spinal cord in- ness of our Nation, the ability to de- to both of them. jury. But without sufficient funding, Also, I want to thank HAL ROGERS, fend our Nation. We’re not going to do these therapies will not be able to un- and certainly the gentleman from New it. The cyber accounts have their own dergo further development or clinical Jersey who is sitting in for the com- place in the legislation, and they are trials. mittee today. I want to thank him being taken care of properly. The research is real and shows in- also. So I’m opposed to this amendment, credible promise. There is a genuine Mr. Chairman, today, I stand up in and I yield back the balance of my and exciting possibility that we can support of the dedication and hard time. soon repair these debilitating injuries work this Congress has done for work The Acting CHAIR. The question is that affect so many. I believe that we on something on known as TBI, trau- on the amendment offered by the gen- must make sure that momentum is not matic brain injury, and posttraumatic tleman from New York (Mr. HANNA). lost and that the benefit of decades of stress disorder, PTSD. This Congress, The amendment was rejected. research into spinal cord injuries is re- as you may know, Mr. Chairman, has AMENDMENT NO. 6 OFFERED BY MR. LANGEVIN alized. continued increasing funding for TBI Mr. LANGEVIN. Mr. Chairman, I With that, Mr. Chairman, I just want and PTSD overall, and by this bill by have an amendment at the desk. to thank my good friends, Chairman $125 million. The Acting CHAIR. The Clerk will YOUNG and Ranking Member DICKS, On May 18, 2012, during the National designate the amendment. and the committee staff for working Defense Authorization Act debate, the The text of the amendment is as fol- very closely with me on crafting this House unanimously adopted my lows: amendment. amendment to create a pilot program Page 9, line 6, after the dollar amount, in- I yield back the balance of my time. administered by the Department of De- sert ‘‘(reduced by $15,000,000)’’. Mr. DICKS. Mr. Chairman, I move to fense that would strengthen treatment Page 35, line 15, after the dollar amount, strike the last word. for our troops coming home with TBI insert ‘‘(increased by $15,000,000)’’. The Acting CHAIR. The gentleman and PTSD. Today, Congress has the op- Page 35, line 23, after the dollar amount, from Washington is recognized for 5 portunity to appropriate funds for this insert ‘‘(increased by $15,000,000)’’. minutes. program. The Acting CHAIR. The gentleman Mr. DICKS. Mr. Chairman, I rise in My amendment, offered with my dear from Rhode Island is recognized for 5 strong support of this amendment. I friend from California, the gentleman, minutes. commend my friend from Rhode Island MIKE THOMPSON, specifically moves $10 Mr. LANGEVIN. Mr. Chairman, my for his efforts in this regard, and I just million from more than $31 billion in amendment proposes to add $15 million hope that this research will be success- the Operation and Maintenance De- to the RDT&E in the Defense Health ful. I know with his leadership, it will fense-Wide budget to increase the De- Program for the purpose of augmenting be. fense Health Program by $10 million.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11616 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 This money will directly assist these found outside of the traditional DOD/ fense to ask for his assistance in docu- soldiers who have TBI-related injuries VA networks. There are some out- menting the annual cost to the mili- by allowing them to be reimbursed for standing programs providing first- tary of treating servicemembers and attending private sector facilities that class, effective treatment to our re- veterans who are living with hydro- perform cutting-edge treatments. turning soldiers, yet those programs cephalus. One in four recent combat veterans are not eligible for payment. Hydrocephalus is a medical condition characterized by the abnormal accu- treated by the Veterans Health Admin- b 1730 istration from 2004 to 2009 had a diag- mulation of fluid within the brain. Ex- nosis of PTSD, and about 7 percent I had a chance to visit one of these perts suspect that two-thirds of the have been diagnosed with TBI. Accord- facilities, the Pathway Home program, 41,000 servicemembers diagnosed with ing to the U.S. Army, the number of run out of the California Veterans moderate to severe traumatic brain in- soldiers leaving Active Duty service Home. It’s just an outstanding program juries over the past decade also suffer has increased by 64 percent from 2005 to providing great service to some very from hydrocephalus. 2009 due to brain health, whether it was deserving heroes, and they should be The primary treatment for hydro- TBI, PTSD, or a mental illness. These reimbursed. cephalus, a shunt implanted in the soldiers leave at a rapid rate. Our troops and veterans have brain, was developed decades ago and A 2009 RAND study estimates that earned—they’ve earned the very best has the highest failure rate of any im- costs related to depression, PTSD, and treatment and care that we can pro- planted medical device. Veterans living TBI in our soldiers ranges from $4 bil- vide. But sometimes, as I said, the best with this condition will face a lifetime lion to $6.2 billion over a 2-year period treatments aren’t available at military of medical uncertainties and incur of time. and veteran medical facilities. costly brain surgeries, unless a better Today, health care providers all over The Sessions-Thompson amendment treatment is found. the country are working to provide will make sure that our heroes who re- Would the ranking member, the gen- treatment to brain injury patients turn from combat with TBI or PTS tleman, be willing to work with us to with new and innovative treatments, have access to the highest quality care help gain a better understanding of the with remarkable results. One such our Nation has to offer. We have a re- incidence and cost of hydrocephalus treatment utilizes hyperbaric oxygen sponsibility to help those who have among our injured servicemembers and to reduce or eliminate chronic symp- sacrificed so much in defense of our veterans so we can focus the appro- toms of TBI, such as headaches, mem- great Nation. priate amount of DOD research dollars ory loss, and mood swings. I urge my colleagues to support this on finding a better treatment? While the Department of Defense has amendment. I yield to the ranking member. made many, many strides in research I yield back the balance of my time. Mr. DICKS. The committee recog- Mr. FRELINGHUYSEN. Mr. Chair- under the direction of Colonel Scott nizes the serious trouble of traumatic man, I move to strike the last word. Miller, many innovative treatments, brain injury, as you just noted, and re- The Acting CHAIR. The gentleman unfortunately, are not available within lated conditions; and I’m happy to from New Jersey is recognized for 5 the military facilities. So, this amend- work with the gentleman from New minutes. ment that I offer today would allow Jersey to improve understanding of Mr. FRELINGHUYSEN. Mr. Chair- this important issue as we confer with these men and women who seek treat- man, we’re pleased to accept the gen- ment to be able to do so at our leading- the other body and work with our ma- tlemen from Texas and California’s jority Members here who are deeply edge facilities that are private around amendment. We know what happens to the United States of America. My concerned, as we are, about this those who suffer from traumatic brain amendment. amendment will provide for treatment injury and post-traumatic stress syn- and recovery that is desperately need- Mr. ANDREWS. I yield back the bal- drome. ance of my time. ed. Mr. DICKS. Will the gentleman I urge my amendment to be ap- AMENDMENT OFFERED BY MR. WALZ OF yield? MINNESOTA proved, and I yield back the balance of Mr. FRELINGHUYSEN. I yield to the my time. Mr. WALZ of Minnesota. Mr. Chair- ranking member. man, I have an amendment at the desk. Mr. THOMPSON of California. Mr. Mr. DICKS. I just want to concur. I Chairman, I move to strike the last The Acting CHAIR. The Clerk will re- think this is a deserving amendment. port the amendment. word. We cannot do enough on these issues The Acting CHAIR. The gentleman is The Clerk read as follows: because this is going to have a lifetime Page 9, line 6, after the dollar amount in- recognized for 5 minutes. effect on these people; and the more we Mr. THOMPSON of California. Mr. sert the following: ‘‘(reduced by $5,000,000)’’. do, as they come home, and even before Page 35, line 15, after the dollar amount in- Chairman, I’d like to thank the chair they go to find out who is susceptible, sert the following: ‘‘(increased by $5,00,000)’’. and the ranking member for the good this is critically important and will Page 35, line 23, after the dollar amount in- work they’re doing on this bill. save us a lot of money. sert the following: ‘‘(increased by I rise in strong support of this We will accept the amendment on our $5,000,000)’’. amendment. side. Mr. WALZ of Minnesota (during the The Department of Defense estimates Mr. FRELINGHUYSEN. I yield back reading). Mr. Chairman, I ask to dis- that more than 230,000 servicemembers the balance of my time. pense with the reading of the amend- have sustained a traumatic brain in- The Acting CHAIR. The question is ment. jury between 2000 and 2011. During that on the amendment offered by the gen- The Acting CHAIR. Is there objection time, as the gentleman from Texas, my tleman from Texas (Mr. SESSIONS). to the request of the gentleman from good friend, Mr. SESSIONS, pointed out, The amendment was agreed to. Minnesota? Congress has dedicated an unprece- Mr. ANDREWS. Mr. Chairman, I There was no objection. dented level of funding for TBI treat- move to strike the last word. The Acting CHAIR. The gentleman is ment and research, which has allowed The Acting CHAIR. The gentleman recognized for 5 minutes. DOD to make great strides in identi- from New Jersey is recognized for 5 Mr. WALZ of Minnesota. I would like fying and treating brain injuries. But minutes. to thank the chairman and the ranking despite the increased funding, service- Mr. ANDREWS. Mr. Chairman, I rise member for the great work they’re members and veterans suffering from to engage the ranking member of the doing on this. I’d also like to thank posttraumatic stress and TBI are still Defense Subcommittee for the purpose them for their commitment, not just to limited as to where and when they can of a colloquy. the defense of this Nation, but to the be treated. Sometimes the very best Mr. Ranking Member, I recently care of those warriors who so dearly treatment for their injuries can be wrote a letter to the Secretary of De- pay for that defense.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11617 What this amendment does is it in- from Minnesota, we appreciate his Mr. FRELINGHUYSEN. Mr. Chair- creases the appropriation in the Sen- service to the country. You know a lot man, I strongly object to the arbitrary sory Injury Defense Research pro- more about this than some of us who reductions to the Operations and Main- grammatic request from $5 million to were not in the service, and we appre- tenance, Defense-Wide appropriations $10 million for core vision and eye re- ciate your leadership on this issue. account. search. This important research will be Mr. FRELINGHUYSEN. I yield back The Operations and Maintenance ap- paid for by redirecting funds from Op- the balance of the time. propriations account funding, as Mr. erations and Management Budget. The Acting CHAIR. The question is YOUNG stated a few minutes ago, is You’ve heard it on the last several on the amendment offered by the gen- critical to the readiness, safety, and speakers talking about traumatic brain tleman from Minnesota (Mr. WALZ). quality of life for our brave men and injury, the issues that come from that. The amendment was agreed to. women who volunteer to serve each One of the core indicators and one of AMENDMENT OFFERED BY MR. HIGGINS and every day. Cutting this account the first indicators of traumatic brain Mr. HIGGINS. Mr. Chairman, I have would hurt our readiness, and that is injury or mild traumatic brain injury an amendment at the desk. something we cannot do at this point is eye injury. The Acting CHAIR. The Clerk will re- in time. The brave warriors that sustain port the amendment. I yield back the balance of my time. these, whether they’re puncture inju- The Clerk read as follows: The Acting CHAIR. The question is ries or whether they’re from concussive Page 9, line 6, after the dollar amount in- on the amendment offered by the gen- blast injuries, start to manifest them- sert the following: ‘‘(reduced by $10,000,000)’’. tleman from New York (Mr. HIGGINS). selves in loss of vision and eye injuries. Page 32, line 18, after the dollar amount in- The amendment was rejected. Of all of the TBIs that happen in the sert the following: ‘‘(increased by $10,000,000)’’. The Acting CHAIR. The Clerk will war zone, 70 percent suffer some type of read. vision loss. The research to deal with The Acting CHAIR. The gentleman The Clerk read as follows: from New York is recognized for 5 min- this has long-term benefits. OPERATION AND MAINTENANCE, ARMY utes. It is, as I said, one of the first indica- RESERVE tors of brain injury. We could start to Mr. HIGGINS. Mr. Chairman, the De- partment of Defense oversees impor- For expenses, not otherwise provided for, get early treatment on that, and all necessary for the operation and mainte- the research seems to show that cog- tant research into the varied threats nance, including training, organization, and nitive ability is affected positively the that face our Nation. This research is administration, of the Army Reserve; repair sooner we get on top of that. essential to safeguarding our commu- of facilities and equipment; hire of passenger There is $600 million and I know nities and empowering research insti- motor vehicles; travel and transportation; tough decisions are made in this bill tutions and universities to come up care of the dead; recruiting; procurement of towards research and battlefield inju- with the creative solutions to detect, services, supplies, and equipment; and com- ries; 15 percent of all those injuries are confront, and neutralize weapons of munications, $3,199,423,000. eye injuries. The $10 million number mass destruction. OPERATION AND MAINTENANCE, NAVY RESERVE that we’re requesting gives us basic My amendment is very straight- For expenses, not otherwise provided for, adequate numbers, a floor number, if forward. It would increase funding by necessary for the operation and mainte- you will, to start getting that research $10 million for the defense-wide re- nance, including training, organization, and search, development, test and evalua- administration, of the Navy Reserve; repair done. of facilities and equipment; hire of passenger So I am very appreciative of the tion account. It is offset by reducing motor vehicles; travel and transportation; tough decisions that get made in this. funding for the operation and mainte- care of the dead; recruiting; procurement of I would encourage my colleagues to nance defense-wide account. services, supplies, and equipment; and com- support this amendment to beef up the The intent of this amendment is to munications, $1,256,347,000. eye injury research, and I would argue support the ongoing work that is being OPERATION AND MAINTENANCE, MARINE CORPS it’s morally the right thing to do. performed through basic research pro- RESERVE We’ve been trying to work on this with grams at the Defense Threat Reduction For expenses, not otherwise provided for, a combination of VA and DOD to get Agency, which is the Department of necessary for the operation and mainte- that going. Defense’s official Combat Support nance, including training, organization, and I yield back the remainder of my Agency for countering weapons of mass administration, of the Marine Corps Reserve; time. destruction. repair of facilities and equipment; hire of Mr. FRELINGHUYSEN. Mr. Chair- The grants provided by this funding passenger motor vehicles; travel and trans- man, I move to strike the last word. support 160 research projects across the portation; care of the dead; recruiting; pro- curement of services, supplies, and equip- The Acting CHAIR. The gentleman Nation. Twenty-one universities par- ment; and communications, $277,377,000. from New Jersey is recognized for 5 ticipate in competitive research OPERATION AND MAINTENANCE, AIR FORCE minutes. projects that help to define, detect, and RESERVE Mr. FRELINGHUYSEN. We’re mitigate the proliferation and use of pleased to accept the gentleman from For expenses, not otherwise provided for, weapons of mass destruction. This im- necessary for the operation and mainte- Minnesota’s amendment, and we salute portant work is providing us with a nance, including training, organization, and him for his advocacy. better understanding of the threats we administration, of the Air Force Reserve; re- I could tell you from a personal visit face and creating new innovative solu- pair of facilities and equipment; hire of pas- from a soldier who lost his sight, Tim tions to the security risks posed by a senger motor vehicles; travel and transpor- Fallon from Long Valley, New Jersey, chemical, biological, or nuclear attack tation; care of the dead; recruiting; procure- who came into my office to advocate, on the United States homeland. ment of services, supplies, and equipment; that these are dollars well spent. We I ask my colleagues to support this and communications, $3,362,041,000. need to spend more on these types of amendment and the important life- OPERATION AND MAINTENANCE, ARMY investments because too many soldiers saving research being performed at im- NATIONAL GUARD are coming home with, I think, things portant institutions across the coun- For expenses of training, organizing, and that could be potentially benefited try. administering the Army National Guard, in- from this type of investment in terms cluding medical and hospital treatment and I yield back the balance of my time. related expenses in non-Federal hospitals; of having the potential. b 1740 maintenance, operation, and repairs to Mr. DICKS. Will the gentleman structures and facilities; hire of passenger yield? Mr. FRELINGHUYSEN. I move to motor vehicles; personnel services in the Na- Mr. FRELINGHUYSEN. I am happy strike the last word. tional Guard Bureau; travel expenses (other to yield to the gentleman. The Acting CHAIR. The gentleman than mileage), as authorized by law for Mr. DICKS. I concur with the chair- from New Jersey is recognized for 5 Army personnel on active duty, for Army man and want to say to the gentleman minutes. National Guard division, regimental, and

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11618 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 battalion commanders while inspecting units upon a determination that all or part of the transfer authority provided under this head- in compliance with National Guard Bureau funds transferred from this appropriation are ing is in addition to any other transfer au- regulations when specifically authorized by not necessary for the purposes provided here- thority provided elsewhere in this Act. the Chief, National Guard Bureau; supplying in, such amounts may be transferred back to OVERSEAS HUMANITARIAN, DISASTER, AND and equipping the Army National Guard as this appropriation: Provided further, That the CIVIC AID authorized by law; and expenses of repair, transfer authority provided under this head- For expenses relating to the Overseas Hu- modification, maintenance, and issue of sup- ing is in addition to any other transfer au- manitarian, Disaster, and Civic Aid pro- plies and equipment (including aircraft), thority provided elsewhere in this Act. grams of the Department of Defense (con- $7,187,731,000. ENVIRONMENTAL RESTORATION, AIR FORCE sisting of the programs provided under sec- OPERATION AND MAINTENANCE, AIR NATIONAL (INCLUDING TRANSFER OF FUNDS) tions 401, 402, 404, 407, 2557, and 2561 of title GUARD For the Department of the Air Force, 10, United States Code), $108,759,000, to re- main available until September 30, 2014. For expenses of training, organizing, and $529,263,000, to remain available until trans- administering the Air National Guard, in- ferred: Provided, That the Secretary of the COOPERATIVE THREAT REDUCTION ACCOUNT cluding medical and hospital treatment and Air Force shall, upon determining that such For assistance to the republics of the related expenses in non-Federal hospitals; funds are required for environmental res- former Soviet Union and, with appropriate maintenance, operation, and repairs to toration, reduction and recycling of haz- authorization by the Department of Defense structures and facilities; transportation of ardous waste, removal of unsafe buildings and Department of State, to countries out- things, hire of passenger motor vehicles; sup- and debris of the Department of the Air side of the former Soviet Union, including plying and equipping the Air National Force, or for similar purposes, transfer the assistance provided by contract or by grants, Guard, as authorized by law; expenses for re- funds made available by this appropriation for facilitating the elimination and the safe pair, modification, maintenance, and issue of to other appropriations made available to and secure transportation and storage of nu- supplies and equipment, including those fur- the Department of the Air Force, to be clear, chemical and other weapons; for estab- nished from stocks under the control of merged with and to be available for the same lishing programs to prevent the proliferation agencies of the Department of Defense; trav- purposes and for the same time period as the of weapons, weapons components, and weap- el expenses (other than mileage) on the same appropriations to which transferred: Provided on-related technology and expertise; for pro- basis as authorized by law for Air National further, That upon a determination that all grams relating to the training and support of Guard personnel on active Federal duty, for or part of the funds transferred from this ap- defense and military personnel for demili- Air National Guard commanders while in- propriation are not necessary for the pur- tarization and protection of weapons, weap- specting units in compliance with National poses provided herein, such amounts may be ons components and weapons technology and Guard Bureau regulations when specifically transferred back to this appropriation: Pro- expertise, and for defense and military con- authorized by the Chief, National Guard Bu- vided further, That the transfer authority tacts, $519,111,000, to remain available until reau, $6,608,826,000. provided under this heading is in addition to September 30, 2015. UNITED STATES COURT OF APPEALS FOR THE any other transfer authority provided else- DEPARTMENT OF DEFENSE ACQUISITION ARMED FORCES where in this Act. WORKFORCE DEVELOPMENT FUND For salaries and expenses necessary for the ENVIRONMENTAL RESTORATION, DEFENSE-WIDE For the Department of Defense Acquisition United States Court of Appeals for the (INCLUDING TRANSFER OF FUNDS) Workforce Development Fund, $50,198,000. Armed Forces, $13,516,000, of which not to ex- For the Department of Defense, $11,133,000, TITLE III ceed $5,000 may be used for official represen- to remain available until transferred: Pro- PROCUREMENT tation purposes. vided, That the Secretary of Defense shall, AIRCRAFT PROCUREMENT, ARMY ENVIRONMENTAL RESTORATION, ARMY upon determining that such funds are re- For construction, procurement, produc- (INCLUDING TRANSFER OF FUNDS) quired for environmental restoration, reduc- tion, modification, and modernization of air- For the Department of the Army, tion and recycling of hazardous waste, re- craft, equipment, including ordnance, ground $335,921,000, to remain available until trans- moval of unsafe buildings and debris of the handling equipment, spare parts, and acces- ferred: Provided, That the Secretary of the Department of Defense, or for similar pur- sories therefor; specialized equipment and Army shall, upon determining that such poses, transfer the funds made available by training devices; expansion of public and pri- funds are required for environmental res- this appropriation to other appropriations vate plants, including the land necessary toration, reduction and recycling of haz- made available to the Department of De- therefor, for the foregoing purposes, and ardous waste, removal of unsafe buildings fense, to be merged with and to be available such lands and interests therein, may be ac- and debris of the Department of the Army, for the same purposes and for the same time quired, and construction prosecuted thereon or for similar purposes, transfer the funds period as the appropriations to which trans- prior to approval of title; and procurement made available by this appropriation to ferred: Provided further, That upon a deter- and installation of equipment, appliances, other appropriations made available to the mination that all or part of the funds trans- and machine tools in public and private Department of the Army, to be merged with ferred from this appropriation are not nec- plants; reserve plant and Government and and to be available for the same purposes essary for the purposes provided herein, such contractor-owned equipment layaway; and and for the same time period as the appro- amounts may be transferred back to this ap- other expenses necessary for the foregoing priations to which transferred: Provided fur- propriation: Provided further, That the trans- purposes, $6,115,226,000, to remain available ther, That upon a determination that all or fer authority provided under this heading is for obligation until September 30, 2015. part of the funds transferred from this appro- in addition to any other transfer authority MISSILE PROCUREMENT, ARMY priation are not necessary for the purposes provided elsewhere in this Act. For construction, procurement, produc- provided herein, such amounts may be trans- ENVIRONMENTAL RESTORATION, FORMERLY tion, modification, and modernization of ferred back to this appropriation: Provided USED DEFENSE SITES missiles, equipment, including ordnance, further, That the transfer authority provided (INCLUDING TRANSFER OF FUNDS) ground handling equipment, spare parts, and under this heading is in addition to any For the Department of the Army, accessories therefor; specialized equipment other transfer authority provided elsewhere and training devices; expansion of public and in this Act. $237,543,000, to remain available until trans- ferred: Provided, That the Secretary of the private plants, including the land necessary ENVIRONMENTAL RESTORATION, NAVY Army shall, upon determining that such therefor, for the foregoing purposes, and (INCLUDING TRANSFER OF FUNDS) funds are required for environmental res- such lands and interests therein, may be ac- For the Department of the Navy, toration, reduction and recycling of haz- quired, and construction prosecuted thereon $310,594,000, to remain available until trans- ardous waste, removal of unsafe buildings prior to approval of title; and procurement ferred: Provided, That the Secretary of the and debris at sites formerly used by the De- and installation of equipment, appliances, Navy shall, upon determining that such partment of Defense, transfer the funds made and machine tools in public and private funds are required for environmental res- available by this appropriation to other ap- plants; reserve plant and Government and toration, reduction and recycling of haz- propriations made available to the Depart- contractor-owned equipment layaway; and ardous waste, removal of unsafe buildings ment of the Army, to be merged with and to other expenses necessary for the foregoing and debris of the Department of the Navy, or be available for the same purposes and for purposes, $1,602,689,000, to remain available for similar purposes, transfer the funds made the same time period as the appropriations for obligation until September 30, 2015. available by this appropriation to other ap- to which transferred: Provided further, That PROCUREMENT OF WEAPONS AND TRACKED propriations made available to the Depart- upon a determination that all or part of the COMBAT VEHICLES, ARMY ment of the Navy, to be merged with and to funds transferred from this appropriation are For construction, procurement, produc- be available for the same purposes and for not necessary for the purposes provided here- tion, and modification of weapons and the same time period as the appropriations in, such amounts may be transferred back to tracked combat vehicles, equipment, includ- to which transferred: Provided further, That this appropriation: Provided further, That the ing ordnance, spare parts, and accessories

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11619 therefor; specialized equipment and training limiting their capability to adequately I urge my colleagues’ support of this devices; expansion of public and private treat a wide range of injuries in emer- bipartisan amendment, and I yield plants, including the land necessary there- gency situations. MRAP ambulances, back the balance of my time. for, for the foregoing purposes, and such used by the Army and National Guard Mr. FRELINGHUYSEN. I move to lands and interests therein, may be acquired, and construction prosecuted thereon prior to in overseas contingency operations, do, strike the last word. approval of title; and procurement and in- however, carry cardiac monitoring and The Acting CHAIR. The gentleman stallation of equipment, appliances, and ma- resuscitation equipment. This capa- from New Jersey is recognized for 5 chine tools in public and private plants; re- bility assessment would determine minutes. serve plant and Government and contractor- whether or not Guard Humvee ambu- Mr. FRELINGHUYSEN. I want to owned equipment layaway; and other ex- lances used domestically should carry thank the gentlewoman for bringing penses necessary for the foregoing purposes, cardiac monitoring and resuscitation this issue to our attention. I have no $1,884,706,000, to remain available for obliga- equipment comparable to MRAP ambu- objection to it. I accept it. I think its tion until September 30, 2015. lances currently fielded in overseas assessment would be valuable to be PROCUREMENT OF AMMUNITION, ARMY contingency operations. made. For construction, procurement, produc- The National Guard’s missions in- Mr. DICKS. Will the gentleman tion, and modification of ammunition, and yield? accessories therefor; specialized equipment clude responding to terrorist attacks, and training devices; expansion of public and homeland security emergencies, nat- Mr. FRELINGHUYSEN. I yield to the private plants, including ammunition facili- ural disasters, and providing defense gentleman from Washington. ties, authorized by section 2854 of title 10, support to civil authorities. How can Mr. DICKS. I want to commend the United States Code, and the land necessary the Guard carry out its required mis- gentlewoman for her amendment. I therefor, for the foregoing purposes, and sions if it does not have the proper think it’s well-thought-out, and I hope such lands and interests therein, may be ac- equipment necessary to deal with se- it has the desired effect. I congratulate quired, and construction prosecuted thereon vere injuries? her on offering it. prior to approval of title; and procurement As these Humvee ambulances are Mr. FRELINGHUYSEN. I yield back and installation of equipment, appliances, the balance of my time. and machine tools in public and private currently equipped, medical personnel plants; reserve plant and Government and are extremely limited in the available The Acting CHAIR. The question is contractor-owned equipment layaway; and treatment they can provide to an in- on the amendment offered by the gen- other expenses necessary for the foregoing jured person. Essentially, an ambu- tlewoman from Oregon (Ms. BONAMICI). purposes, $1,576,768,000, to remain available lance in this configuration can only The amendment was agreed to. for obligation until September 30, 2015. provide very basic care and the simple The Acting CHAIR. The Clerk will OTHER PROCUREMENT, ARMY transportation of a patient from one read. For construction, procurement, produc- place to another. For example, I under- The Clerk read as follows: tion, and modification of vehicles, including stand that medical personnel would be AIRCRAFT PROCUREMENT, NAVY tactical, support, and non-tracked combat unable to treat a patient experiencing For construction, procurement, produc- vehicles; the purchase of passenger motor ve- cardiac arrest. This is a serious prob- tion, modification, and modernization of air- hicles for replacement only; communications lem. craft, equipment, including ordnance, spare and electronic equipment; other support parts, and accessories therefor; specialized equipment; spare parts, ordnance, and acces- State National Guard units across the country want this equipment and equipment; expansion of public and private sories therefor; specialized equipment and plants, including the land necessary there- training devices; expansion of public and pri- have indicated that it could make the for, and such lands and interests therein, vate plants, including the land necessary difference between life and death in may be acquired, and construction pros- therefor, for the foregoing purposes, and emergency situations. The Adjutants ecuted thereon prior to approval of title; and such lands and interests therein, may be ac- General in eight different States, in- procurement and installation of equipment, quired, and construction prosecuted thereon cluding Washington, Montana, North appliances, and machine tools in public and prior to approval of title; and procurement Dakota, Hawaii, New York, Arizona, private plants; reserve plant and Govern- and installation of equipment, appliances, ment and contractor-owned equipment lay- and machine tools in public and private and my home State of Oregon, have submitted resolutions for the emer- away, $17,518,324,000, to remain available for plants; reserve plant and Government and obligation until September 30, 2015. contractor-owned equipment layaway; and gency procurement of cardiac moni- WEAPONS PROCUREMENT, NAVY other expenses necessary for the foregoing toring equipment to be used by their purposes, $6,488,045,000, to remain available individual State Guard units, but be- For construction, procurement, produc- for obligation until September 30, 2015. cause the National Guard Bureau does tion, modification, and modernization of missiles, torpedoes, other weapons, and re- AMENDMENT OFFERED BY MS. BONAMICI not view this equipment as ‘‘required,’’ lated support equipment including spare Ms. BONAMICI. Mr. Chairman, I have it has backed out of a plan to purchase parts, and accessories therefor; expansion of an amendment at the desk. it despite the support of multiple public and private plants, including the land The Acting CHAIR. The Clerk will re- States. necessary therefor, and such lands and inter- port the amendment. This amendment will require the Na- ests therein, may be acquired, and construc- The Clerk read as follows: tional Guard Bureau to reexamine tion prosecuted thereon prior to approval of Page 22, line 1, after the dollar amount, in- whether or not cardiac monitoring and title; and procurement and installation of sert ‘‘(reduced by $1) (increased by $1)’’. resuscitation equipment is required equipment, appliances, and machine tools in and necessary for the Guard to fulfill public and private plants; reserve plant and The Acting CHAIR. The gentlewoman Government and contractor-owned equip- from Oregon is recognized for 5 min- its homeland security, terrorist attack, ment layaway, $3,072,112,000, to remain avail- utes. national disaster response, and defense able for obligation until September 30, 2015. Ms. BONAMICI. Mr. Chairman, I rise support to civil authorities responsibil- PROCUREMENT OF AMMUNITION, NAVY AND today in support of the commonsense ities. Should the capability assessment MARINE CORPS amendment I am offering for Ms. find that the equipment is necessary, For construction, procurement, produc- BUERKLE and me to help State National under this amendment, the Army may tion, and modification of ammunition, and Guard units across the country better use funds from this section to retrofit accessories therefor; specialized equipment perform their missions. This amend- and install the equipment in domestic and training devices; expansion of public and ment requires the National Guard to Humvee ambulances currently in use private plants, including ammunition facili- complete a capability assessment of by the National Guard. ties, authorized by section 2854 of title 10, the medical equipment its domestic This is a commonsense issue. The United States Code, and the land necessary Guardsmen and -women who operate therefor, for the foregoing purposes, and Humvee ambulances should be required such lands and interests therein, may be ac- to carry in Federal and State missions. ambulances should be provided the best quired, and construction prosecuted thereon Right now, these ambulances have no capability available to save lives prior to approval of title; and procurement requirement to carry cardiac moni- across this country in the event of an and installation of equipment, appliances, toring and resuscitation equipment, emergency. and machine tools in public and private

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11620 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 plants; reserve plant and Government and budget, yet the committee took it upon Mr. DOLD. I thank the gentleman for contractor-owned equipment layaway; and itself to give the Navy an extra billion yielding. other expenses necessary for the foregoing dollars it didn’t request and likely Mr. Chairman, we’re focused on find- purposes, $677,243,000, to remain available for doesn’t need for a 10th destroyer. ing savings in every area of govern- obligation until September 30, 2015. To be fair, there was talk of pur- ment spending. Without a doubt, the SHIPBUILDING AND CONVERSION, NAVY chasing a 10th destroyer, but on March Defense Department has made signifi- For expenses necessary for the construc- 29, 2012, Sean Stackley, the Navy’s ac- cant and painful contributions to our tion, acquisition, or conversion of vessels as quisition executive, testified before a efforts to reduce the debt, and I want authorized by law, including armor and ar- House Armed Services Subcommittee mament thereof, plant equipment, appli- to make sure that we recognize that. ances, and machine tools and installation that he thought through competition The Defense budget actually ac- thereof in public and private plants; reserve he could get 10 ships for the price of 9. counts for roughly 17 percent of all plant and Government and contractor-owned He notes in his testimony that the Federal spending, yet it has contrib- equipment layaway; procurement of critical, Navy has ‘‘competition on this pro- uted over 50 percent of the deficit re- long lead time components and designs for gram—two builders building the 51s, duction. I do want to recognize that vessels to be constructed or converted in the and the competition has been healthy.’’ we’re already cutting a significant future; and expansion of public and private He goes on to explain how he hopes to amount of money, Mr. Chairman, out plants, including land necessary therefor, get a 10th ship out of the multiyear ar- of the Department of Defense. We need and such lands and interests therein, may be rangement, saying ‘‘our top line al- acquired, and construction prosecuted there- to be looking at commonsense ways for on prior to approval of title, lowed for nine ships to be budgeted, but us to be able to save money. Carrier Replacement Program, $578,295,000; when we go out with this procurement, This amendment is about promoting Virginia Class Submarine, $3,217,601,000; we’re going to go out with a procure- efficiency in the Department of De- Virginia Class Submarine (AP), ment that enables the procurement of fense and achieving valued savings $1,597,878,000; 10 ships if we’re going to achieve the wherever possible. The amount of funds CVN Refuelings, $1,613,392,000; savings that we’re targeting across this provided in this bill for these ships is $1 CVN Refuelings (AP), $70,010,000; multiyear arrangement.’’ DDG–1000 Program, $669,222,000; billion above the Navy’s own budget re- Mr. Stackley ends by explaining that quest. In the spirit of seeking to DDG–51 Destroyer, $4,036,628,000; the Navy can use leverage and competi- DDG–51 Destroyer (AP), $466,283,000; achieve cost savings throughout this Littoral Combat Ship, $1,784,959,000; tion to get 10 ships for the price of government, I believe it’s appropriate Joint High Speed Vessel, $189,196,000; nine, and he thinks they have a pretty for us to act consistent with the Navy’s Moored Training Ship, $307,300,000; good shot. But rather than letting the view of allowing the competitive bid- LCAC Service Life Extension Program, Navy do its job, and letting the com- ding process to play out, which, as the $47,930,000; and petition acquisition process work by Navy acquisition executive has testi- For outfitting, post delivery, conversions, putting the billion dollars on the table fied, may very well allow the Navy to and first destination transportation, up front, the committee cut the legs $284,859,000. acquire its 10th ship at lesser amounts out from underneath the competitive included in the Navy’s budget request. AMENDMENT OFFERED BY MR. QUIGLEY process. The addition of the extra bil- Mr. QUIGLEY. I have an amendment If these bids come back and a 10th ship lion dollars for another ship by the cannot be realized this year, I’m cer- at the desk, Mr. Chairman. committee ends competition and nego- The Acting CHAIR. The Clerk will tainly supportive of providing addi- tiation, and puts a billion dollars on tional resources next year for the 10th designate the amendment. the table that we don’t have to spend. ship. But I do believe we should allow The text of the amendment is as fol- Why not let the acquisition process the Navy to operate and try to main- lows: take its course, and see what happens? tain at lower costs while achieving our Page 24, line 14, after the dollar amount, I don’t think we need the 10th ship, and insert ‘‘(reduced by $988,000,000)’’. I’m not completely convinced we need Nation’s security. Mr. QUIGLEY. Mr. Chairman, I yield Page 25, line 1, after the dollar amount, in- the other nine either. But even for sert ‘‘(reduced by $988,000,000)’’. those who do support a 10th destroyer, back the balance of my time. Mr. YOUNG of Florida. Mr. Chair- Page 153, line 15, after the dollar amount, cutting this funding now does not pre- insert ‘‘(increased by $988,000,000)’’. man, I rise in opposition. clude them from adding it later if it’s The Acting CHAIR. The gentleman The Acting CHAIR. The gentleman is needed. from Illinois is recognized for 5 min- Unfortunately, this is one of the recognized for 5 minutes. utes. many examples of Congress sup- Mr. YOUNG of Florida. Mr. Chair- man, all throughout this last year, we b 1750 planting its own parochial interests for that of the military and what’s best for have heard from the administration Mr. QUIGLEY. Mr. Chairman, I join the country as a whole. This defense and we have heard from the Navy that my colleague from Illinois to offer a bi- bill and all those before it are riddled it is important to be able to have a partisan commonsense amendment to with funding for weapons, bases, and large presence in the Pacific area. This the Department of Defense appropria- projects we don’t need to keep America is something that we’re going to do tions bill. safe. Rather, these bills include that is new. We’re going to have an in- Our amendment cuts $988 million projects that support special Member creased presence in the Pacific. That is from the bill, which the committee interests back home. We can no longer the administration’s statement. added but the Navy did not request, for afford to allow the desire to stimulate During our many hearings, all of a 10th DDG–51 destroyer. It also puts local economies to drive our defense those hearings that we did on the Cen- the savings toward deficit reduction. and foreign policy. As we emerge from tral Command area in the Mideast, the Let’s back up for a minute and ex- a deep recession and face a deficit top- Persian Gulf, the Strait of Hormuz, the plain how we got here. As part of the ping $1 trillion for the fourth straight threats from Iran, we were told by the Department of Defense’s new strategy, year, we must right-size our budget. military leadership who fight those they are realigning force structure by Mr. Chairman, in terms of the ability wars there that they needed a larger reducing ground forces and making to let Mr. DOLD speak, I yield 1 minute naval presence in order to counter any new investments in more agile sea and to the gentleman from Illinois. threat from Iran and similar threats, air forces. Toward this end, the Navy The Acting CHAIR. The gentleman and to keep open the Persian Gulf, and has entered into a multiyear procure- from Illinois may not yield blocks of especially the Strait of Hormuz. ment—or MYP—arrangement to pur- time. He may yield to the gentleman Today, we don’t really have as much chase nine DDG–51 destroyers over the from Illinois. naval capability as they suggest that next 5 years. In order to fulfill one year Mr. DOLD. Will the gentleman yield? we need. So the committee added this of this MYP arrangement, the Navy re- Mr. QUIGLEY. I yield to the gen- DDG–51 for this year. The Navy actu- quested just over $3 billion in the FY13 tleman from Illinois. ally asked for advanced procurement

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11621 for the DDG–51 so they can build it rials not otherwise provided for, Navy ord- Act for the National Institutes of next year. We were able to find the nance (except ordnance for new aircraft, new Health. funds to actually build it this year so ships, and ships authorized for conversion); One day, through research dollars, we that we can begin to prepare for the the purchase of passenger motor vehicles for will have a cure for cancer, a headline presence that the Navy and the Presi- replacement only; expansion of public and we want to see, a headline that cancer private plants, including the land necessary dent have all said that we have to therefor, and such lands and interests there- scientists find the cure for cancer. It maintain. That’s the DDG–51. in, may be acquired, and construction pros- may come because of an appropriation In addition, in order to try to accom- ecuted thereon prior to approval of title; and like this and not Congress passes five plish the coverage that the Navy said procurement and installation of equipment, times the amount of money the De- they need, we have taken three cruis- appliances, and machine tools in public and partment of Defense wants for cruiser ers that would have been taken out of private plants; reserve plant and Govern- ships. service, and we reconfigured those ment and contractor-owned equipment lay- My goal in offering this amendment cruisers. We provided funding to recon- away, $6,364,191,000, to remain available for is to see that the cancer research pro- figure the cruisers to add to this effort, obligation until September 30, 2015. grams are benefited, that they are dou- to add to the effort to have more naval b 1800 bled; and this investment in health presence in the Mideast, and to cover AMENDMENT OFFERED BY MR. COHEN care research is an investment in our the Pacific. As everyone in the mili- Nation’s future and an investment in Mr. COHEN. I have an amendment at tary and in the White House has said, every human being here as a potential the desk. we’ve got to have that presence. victim of cancer. There are other dis- The Acting CHAIR. The Clerk will re- We have to oppose this amendment. eases which the National Institutes of port the amendment. We need this DDG–51 in order to meet Health look at. Whether it’s Alz- The Clerk read as follows: our obligations. heimer’s, diabetes, heart disease and It is interesting that we understand Page 26, line 2, after the dollar amount, in- others, cures need to be found and gov- that some of these programs are cost- sert ‘‘(reduced by $506,660,000)’’. Page 35, line 15, after the dollar amount, ernment should be investing monies in ing more than was anticipated. The those places. CBO just issued a report saying that in insert ‘‘(increased by $235,000,000)’’. Page 35, line 23, after the dollar amount, This is one place where the Depart- order to do the President’s budget re- insert ‘‘(increased by $235,000,000)’’. ment of Defense emphasizes cancer re- quest, it will cost $123 billion more The Acting CHAIR. The gentleman search. Even with the doubling of in- than they estimated that it would cost. vestment of cancer research, this We do have a problem with numbers, from Tennessee is recognized for 5 min- utes. amendment does reduce the overall and with dollars. cost of the appropriations bill. At a Covering the Pacific region, covering Mr. COHEN. Mr. Chairman, this is an amendment we should be able to come time when we have seen cuts to other the Mideast region, the Persian Gulf, research programs like the National the Strait of Hormuz, that is impor- together on. The administration re- quested $101 million for the operation Institutes of Health, it’s important to tant to our national security interests, identify every single dollar that can be and that’s important to our allies, and and upgrading cruiser ships used by the United States Navy. That’s what the used to further research efforts. to our troops overseas in that region. A vote for this amendment is a vote Pentagon and the administration re- Mr. Chairman, I oppose this amend- in favor of furthering our country’s ment. It is not a good amendment. It is quested, $101 million. cancer research and protecting all citi- not good for our national defense. However, what’s been recommended With that, I yield back the balance of is $607 million. That $607 million is an zens out there who are potential vic- my time. increase of over $500 million from what tims of this awful disease and reduce The Acting CHAIR. The question is the Pentagon asked for, five times the overall cost of this legislation as on the amendment offered by the gen- what the Pentagon asked for. At a time well. I urge you to vote ‘‘yes’’ on this tleman from Illinois (Mr. QUIGLEY). when so many of my colleagues are amendment, and I yield back the bal- The question was taken; and the Act- calling for a decrease in the spending ing Chair announced that the noes ap- ance of my time. on the Federal Government side, it Mr. KINGSTON. Mr. Chairman, I rise peared to have it. seems that they should heed the re- Mr. QUIGLEY. Mr. Chairman, I de- in opposition to the amendment. quests of their constituents, the budg- The Acting CHAIR. The gentleman mand a recorded vote. et, and the advice of Congress and will The Acting CHAIR. Pursuant to from Georgia is recognized for 5 min- refrain from throwing $500 million at clause 6 of rule XVIII, further pro- utes. this program that the Department of ceedings on the amendment offered by Mr. KINGSTON. Mr. Chairman, I Defense is trying to phase out. the gentleman from Illinois will be want to point out that cancer research Now, my amendment would allocate postponed. is already funded in this bill at a $246 The Clerk will read. $235 million of that 506 excess to de- million level. The Clerk read as follows: fense health programs. The rest would I also want to say that Mr. YOUNG, Completion of Prior Year Shipbuilding be toward deficit reduction. Mr. Murtha, Mr. DICKS, and Mr. LEWIS Programs, $372,573,000. Americans would be better served if have had a long tradition of leadership In all: $15,236,126,000, to remain available that $235 million didn’t go to a pro- on cancer research in the Defense Ap- for obligation until September 30, 2017: Pro- gram of buying cruiser ships that the propriations Committee. We have al- vided, That additional obligations may be in- Department of Defense doesn’t want, ways been very supportive of it and curred after September 30, 2017, for engineer- and rather have this money go to will continue so. The bill is already at ing services, tests, evaluations, and other health care research, which the Depart- such budgeted work that must be performed $246 million. in the final stage of ship construction: Pro- ment of Defense does in the area of Secondly, why did we put the money vided further, That none of the funds provided cancer research, breast cancer re- into the cruiser program? We did so be- under this heading for the construction or search, prostate cancer research, and cause at a time when we are pivoting conversion of any naval vessel to be con- other cancer research. much of our Navy fleet into the Pacific structed in shipyards in the United States The Department of Defense has a area, we believe we needed to have as shall be expended in foreign facilities for the strong cancer research program and many of these ships capable of missile construction of major components of such can always use more money to save vessel: Provided further, That none of the defense, or the Aegis system, as pos- funds provided under this heading shall be lives. I have been a strong supporter all sible because the world is so unstable. used for the construction of any naval vessel my life of putting money into research Many of these ships will probably go in foreign shipyards. in the National Institutes of Health to the Pacific. There are six of them OTHER PROCUREMENT, NAVY and joining with Senator Specter in that we are re-outfitting for this sys- For procurement, production, and mod- getting an additional $10 billion in the tem, and then some of them may go to ernization of support equipment and mate- American Recovery and Reinvestment the Middle East.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11622 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Now, I just got back from spending a lic and private plants, Government-owned tees the modernization priority assessment night on a carrier that was part of the equipment and installation thereof in such for their respective National Guard or Re- Fifth Fleet in the Persian Gulf, and our plants, erection of structures, and acquisi- serve component: Provided further, That dur- trip also included Afghanistan, Paki- tion of land, for the foregoing purposes, and ing fiscal year 2013, the Chief of the National such lands and interests therein, may be ac- Guard Bureau and each Reserve Component stan, Yemen and Djibouti. I wish that quired, and construction prosecuted thereon Chief, may each use not more than 3 percent some of the Members of Congress could prior to approval of title; reserve plant and of the funds made available to the National get some of the briefings that we got in Government and contractor-owned equip- Guard or such reserve component, as the terms of the missile threat in the Mid- ment layaway; and other expenses necessary case may be, under this heading to carry out dle East alone, because it is an unsta- for the foregoing purposes including rents research, development, test, and evaluation ble part of the globe right now, and we and transportation of things, $5,449,146,000, to activities related to adding technological ca- have to have our best technology out remain available for obligation until Sep- pability to platforms or to modernize exist- there and our best sailors and our best tember 30, 2015. ing systems. airmen ready at all times in case there PROCUREMENT OF AMMUNITION, AIR FORCE DEFENSE PRODUCTION ACT PURCHASES is a missile attack, and that’s what the For construction, procurement, produc- For activities by the Department of De- Defense Committee on a bipartisan tion, and modification of ammunition, and fense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 basis recognized with this $506 million. accessories therefor; specialized equipment and training devices; expansion of public and U.S.C. App. 2078, 2091, 2092, and 2093), I urge my colleagues to vote ‘‘no’’ on private plants, including ammunition facili- $63,531,000, to remain available until ex- the amendment. ties, authorized by section 2854 of title 10, pended. I yield back the balance of my time. United States Code, and the land necessary TITLE IV The Acting CHAIR. The question is therefor, for the foregoing purposes, and RESEARCH, DEVELOPMENT, TEST AND on the amendment offered by the gen- such lands and interests therein, may be ac- EVALUATION tleman from Tennessee (Mr. COHEN). quired, and construction prosecuted thereon prior to approval of title; and procurement RESEARCH, DEVELOPMENT, TEST AND The question was taken; and the Act- EVALUATION, ARMY ing Chair announced that the noes ap- and installation of equipment, appliances, and machine tools in public and private For expenses necessary for basic and ap- peared to have it. plants; reserve plant and Government and plied scientific research, development, test Mr. COHEN. Mr. Chairman, I demand contractor-owned equipment layaway; and and evaluation, including maintenance, re- a recorded vote. other expenses necessary for the foregoing habilitation, lease, and operation of facili- The Acting CHAIR. Pursuant to purposes, $599,194,000, to remain available for ties and equipment, $8,593,055,000 to remain clause 6 of rule XVIII, further pro- obligation until September 30, 2015. available for obligation until September 30, 2014. ceedings on the amendment offered by OTHER PROCUREMENT, AIR FORCE the gentleman from Tennessee will be For procurement and modification of RESEARCH, DEVELOPMENT, TEST AND postponed. equipment (including ground guidance and EVALUATION, NAVY The Clerk will read. electronic control equipment, and ground For expenses necessary for basic and ap- The Clerk read as follows: electronic and communication equipment), plied scientific research, development, test and supplies, materials, and spare parts and evaluation, including maintenance, re- PROCUREMENT, MARINE CORPS therefor, not otherwise provided for; the pur- habilitation, lease, and operation of facili- For expenses necessary for the procure- chase of passenger motor vehicles for re- ties and equipment, $16,987,768,000, to remain ment, manufacture, and modification of mis- placement only; lease of passenger motor ve- available for obligation until September 30, siles, armament, military equipment, spare hicles; and expansion of public and private 2014: Provided, That funds appropriated in parts, and accessories therefor; plant equip- plants, Government-owned equipment and this paragraph which are available for the V– ment, appliances, and machine tools, and in- installation thereof in such plants, erection 22 may be used to meet unique operational stallation thereof in public and private of structures, and acquisition of land, for the requirements of the Special Operations plants; reserve plant and Government and foregoing purposes, and such lands and inter- Forces: Provided further, That funds appro- contractor-owned equipment layaway; vehi- ests therein, may be acquired, and construc- priated in this paragraph shall be available cles for the Marine Corps, including the pur- tion prosecuted thereon, prior to approval of for the Cobra Judy program. chase of passenger motor vehicles for re- title; reserve plant and Government and con- RESEARCH, DEVELOPMENT, TEST AND placement only; and expansion of public and tractor-owned equipment layaway, EVALUATION, AIR FORCE private plants, including land necessary $16,632,575,000, to remain available for obliga- For expenses necessary for basic and ap- therefor, and such lands and interests there- tion until September 30, 2015. plied scientific research, development, test in, may be acquired, and construction pros- PROCUREMENT, DEFENSE-WIDE and evaluation, including maintenance, re- ecuted thereon prior to approval of title, For expenses of activities and agencies of habilitation, lease, and operation of facili- $1,482,081,000, to remain available for obliga- the Department of Defense (other than the ties and equipment, $25,117,692,000, to remain tion until September 30, 2015. military departments) necessary for procure- available for obligation until September 30, AIRCRAFT PROCUREMENT, AIR FORCE ment, production, and modification of equip- 2014. For construction, procurement, and modi- ment, supplies, materials, and spare parts RESEARCH, DEVELOPMENT, TEST AND fication of aircraft and equipment, including therefor, not otherwise provided for; the pur- EVALUATION, DEFENSE-WIDE armor and armament, specialized ground chase of passenger motor vehicles for re- (INCLUDING TRANSFER OF FUNDS) handling equipment, and training devices, placement only; expansion of public and pri- For expenses of activities and agencies of spare parts, and accessories therefor; special- vate plants, equipment, and installation the Department of Defense (other than the ized equipment; expansion of public and pri- thereof in such plants, erection of struc- military departments), necessary for basic vate plants, Government-owned equipment tures, and acquisition of land for the fore- and applied scientific research, development, and installation thereof in such plants, erec- going purposes, and such lands and interests test and evaluation; advanced research tion of structures, and acquisition of land, therein, may be acquired, and construction projects as may be designated and deter- for the foregoing purposes, and such lands prosecuted thereon prior to approval of title; mined by the Secretary of Defense, pursuant and interests therein, may be acquired, and reserve plant and Government and con- to law; maintenance, rehabilitation, lease, construction prosecuted thereon prior to ap- tractor-owned equipment layaway, and operation of facilities and equipment, proval of title; reserve plant and Govern- $4,429,335,000, to remain available for obliga- $19,100,362,000, to remain available for obliga- ment and contractor-owned equipment lay- tion until September 30, 2015. tion until September 30, 2014: Provided, That away; and other expenses necessary for the NATIONAL GUARD AND RESERVE EQUIPMENT of the funds made available in this para- foregoing purposes including rents and trans- For procurement of aircraft, missiles, graph, $250,000,000 for the Defense Rapid In- portation of things, $11,304,899,000, to remain tracked combat vehicles, ammunition, other novation Program shall only be available for available for obligation until September 30, weapons and other procurement for the re- expenses, not otherwise provided for, to in- 2015. serve components of the Armed Forces, clude program management and oversight, MISSILE PROCUREMENT, AIR FORCE $2,000,000,000, to remain available for obliga- to conduct research, development, test and For construction, procurement, and modi- tion until September 30, 2015: Provided, That evaluation to include proof of concept dem- fication of missiles, spacecraft, rockets, and the Chiefs of National Guard and Reserve onstration; engineering, testing, and valida- related equipment, including spare parts and components shall, not later than 30 days tion; and transition to full-scale production: accessories therefor, ground handling equip- after the enactment of this Act, individually Provided further, That the Secretary of De- ment, and training devices; expansion of pub- submit to the congressional defense commit- fense may transfer funds provided herein for

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11623 the Defense Rapid Innovation Program to about that. In addition, this fund sim- cause of doing away with the ear- appropriations for research, development, ply doles out money to projects that marks. It was done because we feel test and evaluation to accomplish the pur- are similar to those previously sup- that small businesses in this country pose provided herein: Provided further, That ported by the now-discredited earmark have a lot to offer the Defense Depart- this transfer authority is in addition to any other transfer authority available to the De- system. There’s nothing innovative ment. Not all of the innovations come partment of Defense: Provided further, That about that either. from Lockheed and Boeing and General the Secretary of Defense shall, not fewer Let me be clear: this fund was cre- Dynamics. A lot of the innovation than 30 days prior to making transfers from ated by Congress because Congress comes from smaller businesses who are, this appropriation, notify the congressional ended earmarks, and some have wanted in essence, going to be cut out. We al- defense committees in writing of the details a way to have earmark-type projects ready have an existing program, the of any such transfer. continue to receive government SBIR program, which we wanted to en- AMENDMENT OFFERED BY MR. POMPEO money. hance so that small businesses would Mr. POMPEO. Mr. Chairman, I have This fund is, third, wasteful and un- have a place to go so they could com- an amendment at the desk. necessary. The DOD base budget is well pete, where we would be doing this on The Acting CHAIR. The Clerk will re- over $500 billion—built through a time- a merits basis, that we would be doing port the amendment. honored and trusted process to ensure it on the services saying these are The Clerk read as follows: the needs of our warfighters. This fund, areas where we need additional work. Page 32, line 18, after the dollar amount, however, is completely outside of this So I’m somewhat surprised that the insert ‘‘(reduced by $250,000,000)’’. process and therefore advances projects gentleman would oppose something Page 32, line 20, after the dollar amount, that have not been validated and are insert ‘‘(reduced by $250,000,000)’’. like this, knowing, I’m certain, he’s an not proven in this same manner. advocate for small businesses in our Page 153, line 15, after the dollar amount, Finally, the fund itself is unproven. insert ‘‘(increased by $250,000,000)’’. country. I think this is a good program Only $30 million and change has been and one that should be supported on a The Acting CHAIR. The gentleman spent on this fund and there is no data from Kansas is recognized for 5 min- bipartisan basis. demonstrating that this fund holds any I yield back the balance of my time. utes. value to our military or to our tax- Mr. POMPEO. Mr. Chairman, I rise to Mr. KINGSTON. Mr. Chairman, I rise payers. But even if it does, there’s still in opposition to the amendment. strike the Rapid Innovation Fund and $670 million sitting in the fund today. save the taxpayers over $250 million. The Acting CHAIR. The gentleman Why not just wait? At the current from Georgia is recognized for 5 min- As a veteran, I know how important it spending rate, there’s over 10 years’ is that we use every single dollar that utes. worth of funds still available. Why put Mr. KINGSTON. I want to say this. goes to our Department of Defense in $250 million more of taxpayer money at an intelligent way. While we all acknowledge there was a risk? numerical explosion and a substantive This fund, this Rapid Innovation As a Congress, we have to be willing explosion or a questionable, in sub- Fund, has never been requested by the to make tough choices—certainly in stance, on earmarks and that’s why Pentagon. This is money that the Pen- our DOD budget. But this one isn’t earmarks are banned, one of the advan- tagon doesn’t say that it wants. It was even tough. We can’t just throw good tages of earmarks is that it did let the created in the FY 2011 Defense bill in money in the hole and hope it helps our small mom-and-pop innovative small response, frankly, to the loss of ear- Nation’s defense. marks here in the House of Representa- I urge my colleagues to support this businesses have a crack at the bat at tives. So far the Appropriations Com- amendment, and I yield back the bal- the Pentagon budget. And most of us mittee has put over $700 million in 2 ance of my time. who are familiar with the Pentagon years into this fund, and yet to date Mr. DICKS. I move to strike the req- budget would say it’s broken or at the Department of Defense has spent uisite number of words. least it needs lots of improvement. only $32.5 million of the $700 million al- The Acting CHAIR. The gentleman What the earmarking did do is let ready appropriate and provided. from Washington is recognized for 5 small companies have a bite at the But instead of waiting to see if the minutes. apple. So in the interest of banning fund is working and if it could be suc- Mr. DICKS. I rise in strong opposi- earmarks, we set up this program to cessful and of any value to the tion to this amendment. The Rapid In- allow small businesses. warfighter, this year the committee is novation Fund was authorized and ap- I want to give you a graphic example. pushing for another $250 million of tax- propriated by Congress in 2011 to allow I had a man come to me one time and payer money to go into the so-called innovative small businesses to compete said, I used to work with a large de- Rapid Innovation Fund. for funding within the Department of fense contractor. He named the con- Defense. It is a competitive, merit- tractor and I don’t want to name them. b 1810 based program designed to accelerate But he said, This is a circuit panel. In I urge my colleagues to reject this ef- the fielding of innovative technologies fact, it’s a memory panel. It’s about fort. First of all, the Pentagon, as I into military systems. the size of this notebook in my hand. said, never asked for this money. Four Last fall, each service and the OSBP And he said, This is for a nuclear sub- DOD agencies declined an invitation to issued broad agency announcements to marine, and it costs about $10 million. even participate in the fund. There is solicit proposals for the first round of I know because I invented it when I clearly no one in the military clam- funding worth $500 million. Of the 3,554 was with the large defense contractor. oring for what is essentially a slush white papers received, 514 received high And all nuclear submarines now buy fund. With sequestration looming, now priority or strong evaluations, valued this kind of memory board. But your is the time to make tough choices, not at about $700 million. cell phone—pulling out the Black- to add $250 million of wasteful spend- This bill provides an additional $250 Berry—now has more memory in it ing. We must focus our very scarce re- million for this successful program for than that big, awkward panel. But the sources on validated military require- small businesses that are interested in only way I’m going to get a crack at ments. working with the Department of De- the business with the U.S. Navy would Second, this Rapid Innovation Fund fense. Also, this money can be used for be through the earmarking process. is neither rapid, nor innovative. The joint urgent operational needs. This is Now, I can replace this $10 million fund allows the Department of Federal when the commanders in the field say circuit memory board for probably Acquisition Regulations Procedures to that they need something in an urgent hundreds of thousands of dollars, but I move forward—just as they do for any way, and this money is available for can’t do that now. You’ve thrown away other procurement process. The first that kind of requirement. that tool for both of us. contracts took over a year to be So, again, the gentleman raises a lot So we set up this board to try to let signed. I don’t find anything rapid of insinuations that this was done be- those small businesses have a crack at

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11624 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 the bat. And I agree with you there’s The Clerk read as follows: This just goes beyond anything that’s money in the account that maybe it Page 32, line 18, after the dollar amount, even remotely reasonable. should be spent down. We need to be insert ‘‘(reduced by $75,000,000)’’. I urge an ‘‘aye’’ vote on the Markey looking at it before plussing-up. I Page 153, line 15, after the dollar amount, amendment, and I hope that it is think you have raised some good insert ‘‘(increased by $75,000,000)’’. adopted by the full House. points, but I believe the reason why the b 1820 I yield back the balance of his time. program is out there is very important Mr. KINGSTON. Mr. Chairman, I rise in order to keep the large defense con- The Acting CHAIR. The gentleman in opposition to the amendment. tractors honest, if you will, and pro- from Massachusetts is recognized for 5 The Acting CHAIR. The gentleman vide a path for the small innovators. minutes in support of his amendment. from Georgia is recognized for 5 min- Mr. DICKS. Will the gentleman Mr. MARKEY. Mr. Chairman, in this utes. yield? bill, not only do the Republicans claim Mr. KINGSTON. I want to say, most Mr. KINGSTON. I yield to the gen- there is nothing, absolutely nothing, to importantly, this was authorized in the tleman. cut in the defense budget, they are ac- National Defense Authorization this Mr. DICKS. I really appreciate what tually increasing spending beyond year which was passed on an over- the gentleman just said. Another thing what the Pentagon is asking for. The whelming basis, on a bipartisan vote, here, the gentleman is saying they Republicans have put an additional $75 and their authorization actually was a should just rush out and spend this million for missile defense in this bill— lot more than our $75 billion. And the money. I don’t mind a thorough, pro- 75 million additional dollars that the reason why this money is in there and fessional way of going about this, and generals have not asked for. it affects Fort Greely, Alaska, and to take some time to make sure So my amendment today is simple: It Vandenberg Air Force Base in Cali- they’ve got this right is what we want would reduce funding for the Ground- fornia is that there are some changes them to do. Based Midcourse Defense program by that are going on in the missile silos, Mr. POMPEO. Will the gentleman $75 million to bring the 2013 funding so rather than close down the shop and yield? level back to the administration’s re- hope that the bad guys give us a pass Mr. KINGSTON. I yield to the gen- quest. until we’re ready to defend ourselves, tleman. Ground-Based Midcourse Defense is we’re having to move these missiles Mr. POMPEO. I just say to the chair- Star Wars, and it’s a system that hopes and keep them current, keep them ac- man, I’m not urging anyone to rush out to one day shoot down an incoming nu- tive, and keep them capable while this and spend this money. I’m urging this clear warhead by launching our own construction is going on, and then we money to stay in the pockets of the missiles from Alaska and California. finish the construction and put them taxpayers because the Department of But here we have a situation where back, and that’s why the authorizing Defense has not asked for it. All of the basically the Republicans are saying committee, on a bipartisan basis, au- things that have been spoken to, these that they want to give the Pentagon thorized it, and that’s why our sub- good ideas, I was a small business $75 million more than what the mili- committee has also supported it, al- owner. I made airplane parts for 10 tary says it needs right now. And if we though at a lower number. years. I don’t want anybody to rush out can’t decide just to take what the Pen- With that, I recommend a ‘‘no’’ vote and spend the money. I want to leave it tagon is asking and rubber stamp it and yield back the balance of my time. in the taxpayers’ pockets, where the and give it to them, and even that is The Acting CHAIR. The question is Department of Defense believes it not enough in a period of fiscal aus- on the amendment offered by the gen- should be. terity, then how in the world are we tleman from Massachusetts (Mr. MAR- Mr. KINGSTON. Reclaiming my going to be successful next year when KEY). time, as an airplane parts manufac- $55 billion has to be cut? The question was taken; and the Act- turer, I can promise you that you know So, let’s start here. St. Augustine’s ing Chair announced that the noes ap- how difficult it was to sell your prod- prayer, I think, is applicable here, peared to have it. ucts to the United States Air Force. where he said, O Lord, make me chaste, Mr. MARKEY. Mr. Chair, I demand a And this program would allow a small but not just yet. The Republicans are recorded vote. innovator to do that and therefore re- saying, O Lord, let us reduce the def- The Acting CHAIR. Pursuant to duce the cost to the taxpayers of parts icit, but not just yet. When it comes to clause 6 of rule XVIII, further pro- for airplanes. defense spending, we want to give the ceedings on the amendment offered by With that, I yield back the balance of Pentagon even more than they are ask- the gentleman from Massachusetts will my time. ing for. Let’s get all of our sinning be postponed. ANNOUNCEMENT BY THE ACTING CHAIR done before next January. Let’s really Mr. PALAZZO. Mr. Chairman, I move The Acting CHAIR. The Chair will re- clear the deck on all the gold-plated to strike the last word. mind Members to refrain from planning that—I don’t know if it’s de- The Acting CHAIR. The gentleman traffickng the well while another Mem- fense firms because it’s not the Pen- from Mississippi is recognized for 5 ber is under recognition. tagon. The Pentagon is saying that the minutes. The question is on the amendment money that’s in the bill as the Presi- Mr. PALAZZO. Mr. Chairman, I rise offered by the gentleman from Kansas dent proposed it is sufficient in order to oppose the earlier amendment of the (Mr. POMPEO). to provide for the development of this gentleman from Illinois (Mr. QUIGLEY). The question was taken; and the Act- missile defense technology. The gentleman from Illinois had an ing Chair announced that the noes ap- The bill already funds this program amendment to cut $988 million from peared to have it. to the tune of $900 million, and the the Navy’s DDG–51 program. The mem- Mr. POMPEO. Mr. Chairman, I de- Pentagon is saying ‘‘enough.’’ So I bers of the House Armed Services Com- mand a recorded vote. know you’re talking about canceling mittee have carefully considered this The Acting CHAIR. Pursuant to sequestration when it comes to defense shipbuilding program. We have met for clause 6 of rule XVIII, further pro- spending, but this isn’t a good sign. months in the Seapower Subcommittee ceedings on the amendment offered by This isn’t a good sign that we’re ever and discussed it thoroughly with Navy the gentleman from Kansas will be going to be able to reconcile the ten- leadership. postponed. sion that exists between the need not The DDG–51 is the Navy’s preeminent AMENDMENT OFFERED BY MR. MARKEY to cut NIH funding, the need not to cut surface combatant. It can conduct mul- Mr. MARKEY. Mr. Chairman, I have National Cancer Institute funding, the tiple missions, including ballistic mis- an amendment at the desk. need not to cut programs that deal sile defense, and it has proven itself in The Acting CHAIR. The Clerk will re- with Grandma on Medicaid and nursing almost every theater in which it has port the amendment. homes and all the way down the line. operated.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11625 This ship has been authorized with a ment of Defense requirements on a timely transfer to appropriations available to the multiyear procurement strategy for basis and that such an acquisition must be Department of Defense for military per- DDG–51s, which is an important, cost- made in order to acquire capability for na- sonnel of the reserve components serving saving measure that the Navy has used tional security purposes. under the provisions of title 10 and title 32, TITLE VI United States Code; for operation and main- in multiple situations to save money tenance; for procurement; and for research, for the taxpayer. OTHER DEPARTMENT OF DEFENSE PROGRAMS development, test and evaluation, This is one of the most successful $1,133,363,000: Provided, That the funds appro- DEFENSE HEALTH PROGRAM shipbuilding programs ever in the priated under this heading shall be available United States Navy because it is one of For expenses, not otherwise provided for, for obligation for the same time period and for medical and health care programs of the for the same purpose as the appropriation to the best built and best values for the Department of Defense as authorized by law, taxpayer and requires a fair and open which transferred: Provided further, That $32,862,234,000; of which $31,122,095,000 shall be upon a determination that all or part of the competition for contracting. for operation and maintenance, of which not funds transferred from this appropriation are Right now, our Navy has the lowest to exceed one percent shall remain available not necessary for the purposes provided here- shipbuilding totals in generations, and until September 30, 2014, and of which up to in, such amounts may be transferred back to many predictions are that the number $16,105,245,000 may be available for contracts this appropriation: Provided further, That the is only going to shrink further. As we entered into under the TRICARE program; of transfer authority provided under this head- which $521,762,000, to remain available for ob- pivot to the Pacific, we cannot afford ing is in addition to any other transfer au- ligation until September 30, 2015, shall be for thority contained elsewhere in this Act. to be cutting additional ships from our procurement; and of which $1,218,377,000, to JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT budget. remain available for obligation until Sep- FUND It is extremely important not only to tember 30, 2014 , shall be for research, devel- our economic security, but also our na- opment, test and evaluation: Provided, That, (INCLUDING TRANSFER OF FUNDS) tional security. I urge my colleagues to notwithstanding any other provision of law, For the ‘‘Joint Improvised Explosive De- vice Defeat Fund,’’ $217,414,000, to remain oppose this amendment, and I yield of the amount made available under this heading for research, development, test and available until September 30, 2015, for Staff back the balance of my time. evaluation, not less than $8,000,000 shall be and Infrastructure: Provided, That such funds The Acting CHAIR. The Clerk will available for HIV prevention educational ac- shall be available to the Secretary of De- read. tivities undertaken in connection with fense, notwithstanding any other provision The Clerk read as follows: United States military training, exercises, of law, for the purpose of allowing the Direc- OPERATIONAL TEST AND EVALUATION, and humanitarian assistance activities con- tor of the Joint Improvised Explosive Device DEFENSE ducted primarily in African nations: Provided Defeat Organization to investigate, develop and provide equipment, supplies, services, For expenses, not otherwise provided for, further, That of the funds provided to develop training, facilities, personnel and funds to necessary for the independent activities of an integrated Department of Defense –Depart- ment of Veterans Affairs (DOD–VA) inte- assist United States forces in the defeat of the Director, Operational Test and Evalua- improvised explosive devices: Provided fur- tion, in the direction and supervision of grated health record, not more than twenty- five percent shall be available for obligation ther, That, within 60 days of the enactment operational test and evaluation, including of this Act, a plan for the intended manage- initial operational test and evaluation which until the DOD–VA Interagency Program Of- fice submits to the Committees on Appro- ment and use of the amounts provided under is conducted prior to, and in support of, pro- this heading shall be submitted to the con- duction decisions; joint operational testing priations of both Houses of Congress a com- pleted fiscal year 2013 execution and spend- gressional defense committees: Provided fur- and evaluation; and administrative expenses ther, That the Secretary of Defense shall sub- in connection therewith, $185,268,000, to re- ing plan and a long-term roadmap for the life of the project that includes, but is not lim- mit a report not later than 60 days after the main available for obligation until Sep- end of each fiscal quarter to the congres- tember 30, 2014. ited to, the following: a) annual and total spending for each Department; b) a quarterly sional defense committees providing assess- TITLE V schedule of milestones for each Department ments of the evolving threats, individual REVOLVING AND MANAGEMENT FUNDS over the life of the project; c) detailed cost- service requirements to counter the threats, the current strategy for predeployment DEFENSE WORKING CAPITAL FUNDS sharing business rules; and d) data standard- ization schedules between the Departments. training of members of the Armed Forces on For the Defense Working Capital Funds, improvised explosive devices, and details on CHEMICAL AGENTS AND MUNITIONS $1,516,184,000. the execution of the Fund: Provided further, DESTRUCTION, DEFENSE NATIONAL DEFENSE SEALIFT FUND That the Secretary of Defense may transfer For expenses, not otherwise provided for, For National Defense Sealift Fund pro- funds provided herein to appropriations for necessary for the destruction of the United grams, projects, and activities, and for ex- operation and maintenance; procurement; States stockpile of lethal chemical agents penses of the National Defense Reserve research, development, test and evaluation; and munitions in accordance with the provi- Fleet, as established by section 11 of the and defense working capital funds to accom- sions of section 1412 of the Department of Merchant Ship Sales Act of 1946 (50 U.S.C. plish the purpose provided herein: Provided Defense Authorization Act, 1986 (50 U.S.C. App. 1744), and for the necessary expenses to further, That amounts transferred shall be 1521), and for the destruction of other chem- maintain and preserve a U.S.-flag merchant merged with and available for the same pur- ical warfare materials that are not in the fleet to serve the national security needs of poses and time period as the appropriations chemical weapon stockpile, $1,301,786,000, of the United States, $564,636,000, to remain to which transferred: Provided further, That which $635,843,000 shall be for operation and available until expended: Provided, That this transfer authority is in addition to any maintenance, of which no less than none of the funds provided in this paragraph other transfer authority available to the De- $53,948,000 shall be for the Chemical Stock- shall be used to award a new contract that partment of Defense: Provided further, That pile Emergency Preparedness Program, con- provides for the acquisition of any of the fol- the Secretary of Defense shall, not fewer sisting of $22,214,000 for activities on mili- lowing major components unless such com- than 15 days prior to making transfers from tary installations and $31,734,000, to remain ponents are manufactured in the United this appropriation, notify the congressional available until September 30, 2014, to assist States: auxiliary equipment, including defense committees in writing of the details State and local governments; $18,592,000 shall pumps, for all shipboard services; propulsion of any such transfer. be for procurement, to remain available system components (engines, reduction OFFICE OF THE INSPECTOR GENERAL until September 30, 2015, of which $1,823,000 gears, and propellers); shipboard cranes; and For expenses and activities of the Office of shall be for the Chemical Stockpile Emer- spreaders for shipboard cranes: Provided fur- the Inspector General in carrying out the gency Preparedness Program to assist State ther, That the exercise of an option in a con- provisions of the Inspector General Act of and local governments; and $647,351,000, to tract awarded through the obligation of pre- 1978, as amended, $350,321,000, of which remain available until September 30, 2014, viously appropriated funds shall not be con- $347,621,000 shall be for operation and main- shall be for research, development, test and sidered to be the award of a new contract: tenance, of which not to exceed $700,000 is evaluation, of which $627,705,000 shall only be Provided further, That the Secretary of the available for emergencies and extraordinary for the Assembled Chemical Weapons Alter- military department responsible for such expenses to be expended on the approval or natives (ACWA) program. procurement may waive the restrictions in authority of the Inspector General, and pay- the first proviso on a case-by-case basis by DRUG INTERDICTION AND COUNTER-DRUG ments may be made on the Inspector Gen- certifying in writing to the Committees on ACTIVITIES, DEFENSE eral’s certificate of necessity for confidential Appropriations of the House of Representa- (INCLUDING TRANSFER OF FUNDS) military purposes; and of which $2,700,000, to tives and the Senate that adequate domestic For drug interdiction and counter-drug ac- remain available until September 30, 2015, supplies are not available to meet Depart- tivities of the Department of Defense, for shall be for procurement.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11626 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 TITLE VII That the Secretary of Defense shall notify transfers may be made between working cap- RELATED AGENCIES the Congress promptly of all transfers made ital funds and the ‘‘Foreign Currency Fluc- pursuant to this authority or any other au- tuations, Defense’’ appropriation and the CENTRAL INTELLIGENCE AGENCY RETIREMENT thority in this Act: Provided further, That no ‘‘Operation and Maintenance’’ appropriation AND DISABILITY SYSTEM FUND part of the funds in this Act shall be avail- accounts in such amounts as may be deter- For payment to the Central Intelligence able to prepare or present a request to the mined by the Secretary of Defense, with the Agency Retirement and Disability System Committees on Appropriations for re- approval of the Office of Management and Fund, to maintain the proper funding level programming of funds, unless for higher pri- Budget, except that such transfers may not for continuing the operation of the Central ority items, based on unforeseen military re- be made unless the Secretary of Defense has Intelligence Agency Retirement and Dis- quirements, than those for which originally notified the Congress of the proposed trans- ability System, $514,000,000. appropriated and in no case where the item fer. Except in amounts equal to the amounts INTELLIGENCE COMMUNITY MANAGEMENT for which reprogramming is requested has appropriated to working capital funds in this ACCOUNT been denied by the Congress: Provided fur- Act, no obligations may be made against a For necessary expenses of the Intelligence ther, That a request for multiple working capital fund to procure or increase Community Management Account, reprogrammings of funds using authority the value of war reserve material inventory, $511,476,000. provided in this section shall be made prior unless the Secretary of Defense has notified the Congress prior to any such obligation. TITLE VIII to June 30, 2013: Provided further, That trans- fers among military personnel appropria- SEC. 8009. Funds appropriated by this Act GENERAL PROVISIONS tions shall not be taken into account for pur- may not be used to initiate a special access SEC. 8001. No part of any appropriation poses of the limitation on the amount of program without prior notification 30 cal- contained in this Act shall be used for pub- funds that may be transferred under this sec- endar days in advance to the congressional licity or propaganda purposes not authorized tion. defense committees. EC by the Congress. SEC. 8006. (a) With regard to the list of spe- S . 8010. None of the funds provided in SEC. 8002. During the current fiscal year, cific programs, projects, and activities (and this Act shall be available to initiate: (1) a provisions of law prohibiting the payment of the dollar amounts and adjustments to budg- multiyear contract that employs economic compensation to, or employment of, any per- et activities corresponding to such programs, order quantity procurement in excess of son not a citizen of the United States shall projects, and activities) contained in the ta- $20,000,000 in any one year of the contract or not apply to personnel of the Department of bles titled ‘‘Explanation of Project Level Ad- that includes an unfunded contingent liabil- ity in excess of $20,000,000; or (2) a contract Defense: Provided, That salary increases justments’’ in the explanatory statement re- for advance procurement leading to a granted to direct and indirect hire foreign garding this Act, the obligation and expendi- multiyear contract that employs economic national employees of the Department of De- ture of amounts appropriated or otherwise order quantity procurement in excess of fense funded by this Act shall not be at a made available in this Act for those pro- $20,000,000 in any one year, unless the con- rate in excess of the percentage increase au- grams, projects, and activities for which the gressional defense committees have been no- thorized by law for civilian employees of the amounts appropriated exceed the amounts tified at least 30 days in advance of the pro- Department of Defense whose pay is com- requested are hereby required by law to be posed contract award: Provided, That no part puted under the provisions of section 5332 of carried out in the manner provided by such of any appropriation contained in this Act title 5, United States Code, or at a rate in ex- tables to the same extent as if the tables cess of the percentage increase provided by shall be available to initiate a multiyear were included in the text of this Act. contract for which the economic order quan- the appropriate host nation to its own em- (b) Amounts specified in the referenced ta- tity advance procurement is not funded at ployees, whichever is higher: Provided fur- bles described in subsection (a) shall not be least to the limits of the Government’s li- ther, That this section shall not apply to De- treated as subdivisions of appropriations for ability: Provided further, That no part of any partment of Defense foreign service national purposes of section 8005 of this Act: Provided, appropriation contained in this Act shall be employees serving at United States diplo- That section 8005 shall apply when transfers available to initiate multiyear procurement matic missions whose pay is set by the De- of the amounts described in subsection (a) partment of State under the Foreign Service contracts for any systems or component occur between appropriation accounts. thereof if the value of the multiyear con- Act of 1980: Provided further, That the limita- SEC. 8007. (a) Not later than 60 days after tract would exceed $500,000,000 unless specifi- tions of this provision shall not apply to for- enactment of this Act, the Department of cally provided in this Act: Provided further, eign national employees of the Department Defense shall submit a report to the congres- That no multiyear procurement contract can of Defense in the Republic of Turkey. sional defense committees to establish the be terminated without 10-day prior notifica- SEC. 8003. No part of any appropriation baseline for application of reprogramming tion to the congressional defense commit- contained in this Act shall remain available and transfer authorities for fiscal year 2013: tees: Provided further, That none of the funds for obligation beyond the current fiscal year, Provided, That the report shall include— unless expressly so provided herein. appropriated by this Act shall be available (1) a table for each appropriation with a for a contract that incrementally funds an SEC. 8004. No more than 20 percent of the separate column to display the President’s end item purchased under multi-year pro- appropriations in this Act which are limited budget request, adjustments made by Con- for obligation during the current fiscal year curement authority: Provided further, That gress, adjustments due to enacted rescis- the preceding limitation shall not apply to shall be obligated during the last 2 months of sions, if appropriate, and the fiscal year en- advance procurement funding and economic the fiscal year: Provided, That this section acted level; order quantity funding associated with a shall not apply to obligations for support of (2) a delineation in the table for each ap- multi-year procurement: Provided further, active duty training of reserve components propriation both by budget activity and pro- That the execution of multiyear authority or summer camp training of the Reserve Of- gram, project, and activity as detailed in the shall require the use of a present value anal- ficers’ Training Corps. Budget Appendix; and ysis to determine lowest cost compared to an (TRANSFER OF FUNDS) (3) an identification of items of special annual procurement: Provided further, That SEC. 8005. Upon determination by the Sec- congressional interest. none of the funds provided in this Act may retary of Defense that such action is nec- (b) Notwithstanding section 8005 of this be used for a multiyear contract executed essary in the national interest, he may, with Act, none of the funds provided in this Act after the date of the enactment of this Act the approval of the Office of Management shall be available for reprogramming or unless in the case of any such contract— and Budget, transfer not to exceed transfer until the report identified in sub- (1) the Secretary of Defense has submitted $3,000,000,000 of working capital funds of the section (a) is submitted to the congressional to Congress a budget request for full funding Department of Defense or funds made avail- defense committees, unless the Secretary of of units to be procured through the contract able in this Act to the Department of De- Defense certifies in writing to the congres- and, in the case of a contract for procure- fense for military functions (except military sional defense committees that such re- ment of aircraft, that includes, for any air- construction) between such appropriations programming or transfer is necessary as an craft unit to be procured through the con- or funds or any subdivision thereof, to be emergency requirement. tract for which procurement funds are re- merged with and to be available for the same (TRANSFER OF FUNDS) quested in that budget request for produc- purposes, and for the same time period, as SEC. 8008. During the current fiscal year, tion beyond advance procurement activities the appropriation or fund to which trans- cash balances in working capital funds of the in the fiscal year covered by the budget, full ferred: Provided, That such authority to Department of Defense established pursuant funding of procurement of such unit in that transfer may not be used unless for higher to section 2208 of title 10, United States fiscal year; priority items, based on unforeseen military Code, may be maintained in only such (2) cancellation provisions in the contract requirements, than those for which origi- amounts as are necessary at any time for do not include consideration of recurring nally appropriated and in no case where the cash disbursements to be made from such manufacturing costs of the contractor asso- item for which funds are requested has been funds: Provided, That transfers may be made ciated with the production of unfunded units denied by the Congress: Provided further, between such funds: Provided further, That to be delivered under the contract;

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Funds appropriated in title III of ing Act of 1974 (25 U.S.C. 1544) whenever the Funds appropriated in title III of this Act this Act for the Department of Defense Pilot prime contract or subcontract amount is may be used for a multiyear procurement Mentor-Protege Program may be transferred over $500,000 and involves the expenditure of contract as follows: to any other appropriation contained in this funds appropriated by an Act making Appro- F/A–18E, F/A–18F, and EA–18G aircraft; Act solely for the purpose of implementing a priations for the Department of Defense with DDG–51 Arleigh Burke class destroyer and Mentor-Protege Program developmental as- respect to any fiscal year: Provided further, associated systems; SSN–774 Virginia class sistance agreement pursuant to section 831 That notwithstanding section 1906 of title 41, submarine and government-furnished equip- of the National Defense Authorization Act United States Code, this section shall be ap- ment; CH–47 Chinook helicopter; and V–22 for Fiscal Year 1991 (Public Law 101–510; 10 plicable to any Department of Defense acqui- Osprey aircraft variants. U.S.C. 2302 note), as amended, under the au- sition of supplies or services, including any SEC. 8011. Within the funds appropriated thority of this provision or any other trans- contract and any subcontract at any tier for for the operation and maintenance of the fer authority contained in this Act. acquisition of commercial items produced or Armed Forces, funds are hereby appropriated SEC. 8016. None of the funds in this Act manufactured, in whole or in part, by any pursuant to section 401 of title 10, United may be available for the purchase by the De- subcontractor or supplier defined in section States Code, for humanitarian and civic as- partment of Defense (and its departments 1544 of title 25, United States Code, or a sistance costs under chapter 20 of title 10, and agencies) of welded shipboard anchor and small business owned and controlled by an United States Code. Such funds may also be mooring chain 4 inches in diameter and individual or individuals defined under sec- obligated for humanitarian and civic assist- under unless the anchor and mooring chain tion 4221(9) of title 25, United States Code. ance costs incidental to authorized oper- are manufactured in the United States from SEC. 8020. Funds appropriated by this Act ations and pursuant to authority granted in components which are substantially manu- for the Defense Media Activity shall not be section 401 of chapter 20 of title 10, United factured in the United States: Provided, That used for any national or international polit- States Code, and these obligations shall be for the purpose of this section, the term ical or psychological activities. reported as required by section 401(d) of title ‘‘manufactured’’ shall include cutting, heat SEC. 8021. During the current fiscal year, 10, United States Code: Provided, That funds treating, quality control, testing of chain the Department of Defense is authorized to available for operation and maintenance and welding (including the forging and shot incur obligations of not to exceed $350,000,000 shall be available for providing humani- blasting process): Provided further, That for for purposes specified in section 2350j(c) of tarian and similar assistance by using Civic the purpose of this section substantially all title 10, United States Code, in anticipation Action Teams in the Trust Territories of the of the components of anchor and mooring of receipt of contributions, only from the Pacific Islands and freely associated states chain shall be considered to be produced or Government of Kuwait, under that section: of Micronesia, pursuant to the Compact of manufactured in the United States if the ag- Provided, That upon receipt, such contribu- Free Association as authorized by Public gregate cost of the components produced or tions from the Government of Kuwait shall Law 99–239: Provided further, That upon a de- manufactured in the United States exceeds be credited to the appropriations or fund termination by the Secretary of the Army the aggregate cost of the components pro- which incurred such obligations. that such action is beneficial for graduate duced or manufactured outside the United SEC. 8022. (a) Of the funds made available medical education programs conducted at States: Provided further, That when adequate in this Act, not less than $38,619,000 shall be Army medical facilities located in Hawaii, domestic supplies are not available to meet available for the Civil Air Patrol Corpora- the Secretary of the Army may authorize Department of Defense requirements on a tion, of which— the provision of medical services at such fa- timely basis, the Secretary of the service re- (1) $28,404,000 shall be available from ‘‘Op- cilities and transportation to such facilities, sponsible for the procurement may waive eration and Maintenance, Air Force’’ to sup- on a nonreimbursable basis, for civilian pa- this restriction on a case-by-case basis by port Civil Air Patrol Corporation operation tients from American Samoa, the Common- certifying in writing to the Committees on and maintenance, readiness, counterdrug ac- wealth of the Northern Mariana Islands, the Appropriations that such an acquisition tivities, and drug demand reduction activi- Marshall Islands, the Federated States of Mi- must be made in order to acquire capability ties involving youth programs; cronesia, Palau, and Guam. for national security purposes. (2) $9,298,000 shall be available from ‘‘Air- SEC. 8012. (a) During fiscal year 2013, the ci- SEC. 8017. None of the funds available to craft Procurement, Air Force’’; and vilian personnel of the Department of De- the Department of Defense, herein and here- (3) $917,000 shall be available from ‘‘Other fense may not be managed on the basis of after, may be used to demilitarize or dispose Procurement, Air Force’’ for vehicle pro- any end-strength, and the management of of M–1 Carbines, M–1 Garand rifles, M–14 ri- curement. such personnel during that fiscal year shall fles, .22 caliber rifles, .30 caliber rifles, or M– (b) The Secretary of the Air Force should not be subject to any constraint or limita- 1911 pistols, or to demilitarize or destroy waive reimbursement for any funds used by tion (known as an end-strength) on the num- small arms ammunition or ammunition com- the Civil Air Patrol for counter-drug activi- ber of such personnel who may be employed ponents that are not otherwise prohibited ties in support of Federal, State, and local on the last day of such fiscal year. from commercial sale under Federal law, un- government agencies. (b) The fiscal year 2014 budget request for less the small arms ammunition or ammuni- SEC. 8023. (a) None of the funds appro- the Department of Defense as well as all jus- tion components are certified by the Sec- priated in this Act are available to establish tification material and other documentation retary of the Army or designee as unservice- a new Department of Defense (department) supporting the fiscal year 2014 Department of able or unsafe for further use. federally funded research and development Defense budget request shall be prepared and SEC. 8018. No more than $500,000 of the center (FFRDC), either as a new entity, or as submitted to the Congress as if subsections funds appropriated or made available in this a separate entity administrated by an orga- (a) and (b) of this provision were effective Act shall be used during a single fiscal year nization managing another FFRDC, or as a with regard to fiscal year 2014. for any single relocation of an organization, nonprofit membership corporation con- (c) Nothing in this section shall be con- unit, activity or function of the Department sisting of a consortium of other FFRDCs and strued to apply to military (civilian) techni- of Defense into or within the National Cap- other nonprofit entities. cians. ital Region: Provided, That the Secretary of (b) No member of a Board of Directors, SEC. 8013. None of the funds made available Defense may waive this restriction on a case- Trustees, Overseers, Advisory Group, Special by this Act shall be used in any way, directly by-case basis by certifying in writing to the Issues Panel, Visiting Committee, or any or indirectly, to influence congressional ac- congressional defense committees that such similar entity of a defense FFRDC, and no tion on any legislation or appropriation mat- a relocation is required in the best interest paid consultant to any defense FFRDC, ex- ters pending before the Congress. of the Government. cept when acting in a technical advisory ca- SEC. 8014. None of the funds appropriated SEC. 8019. In addition to the funds provided pacity, may be compensated for his or her by this Act shall be available for the basic elsewhere in this Act, $15,000,000 is appro- services as a member of such entity, or as a pay and allowances of any member of the priated only for incentive payments author- paid consultant by more than one FFRDC in Army participating as a full-time student ized by section 504 of the Indian Financing a fiscal year: Provided, That a member of any and receiving benefits paid by the Secretary Act of 1974 (25 U.S.C. 1544): Provided, That a such entity referred to previously in this of Veterans Affairs from the Department of prime contractor or a subcontractor at any subsection shall be allowed travel expenses Defense Education Benefits Fund when time tier that makes a subcontract award to any and per diem as authorized under the Federal spent as a full-time student is credited to- subcontractor or supplier as defined in sec- Joint Travel Regulations, when engaged in ward completion of a service commitment: tion 1544 of title 25, United States Code, or a the performance of membership duties.

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(c) Notwithstanding any other provision of cular A–76 shall not apply to competitions SEC. 8030. During the current fiscal year, law, none of the funds available to the de- conducted under this section. appropriations which are available to the De- partment from any source during fiscal year SEC. 8027. (a)(1) If the Secretary of Defense, partment of Defense for operation and main- 2013 may be used by a defense FFRDC, after consultation with the United States tenance may be used to purchase items hav- through a fee or other payment mechanism, Trade Representative, determines that a for- ing an investment item unit cost of not more for construction of new buildings, for pay- eign country which is party to an agreement than $250,000. ment of cost sharing for projects funded by described in paragraph (2) has violated the SEC. 8031. (a) During the current fiscal Government grants, for absorption of con- terms of the agreement by discriminating year, none of the appropriations or funds tract overruns, or for certain charitable con- against certain types of products produced in available to the Department of Defense tributions, not to include employee partici- the United States that are covered by the Working Capital Funds shall be used for the pation in community service and/or develop- agreement, the Secretary of Defense shall re- purchase of an investment item for the pur- ment. scind the Secretary’s blanket waiver of the pose of acquiring a new inventory item for (d) Notwithstanding any other provision of Buy American Act with respect to such sale or anticipated sale during the current law, of the funds available to the department types of products produced in that foreign fiscal year or a subsequent fiscal year to cus- during fiscal year 2013, not more than 5,750 country. tomers of the Department of Defense Work- staff years of technical effort (staff years) (2) An agreement referred to in paragraph ing Capital Funds if such an item would not may be funded for defense FFRDCs: Provided, (1) is any reciprocal defense procurement have been chargeable to the Department of That of the specific amount referred to pre- memorandum of understanding, between the Defense Business Operations Fund during fis- viously in this subsection, not more than United States and a foreign country pursu- cal year 1994 and if the purchase of such an 1,125 staff years may be funded for the de- ant to which the Secretary of Defense has investment item would be chargeable during fense studies and analysis FFRDCs: Provided prospectively waived the Buy American Act the current fiscal year to appropriations further, That this subsection shall not apply for certain products in that country. made to the Department of Defense for pro- to staff years funded in the National Intel- (b) The Secretary of Defense shall submit curement. ligence Program (NIP) and the Military In- to the Congress a report on the amount of (b) The fiscal year 2014 budget request for telligence Program (MIP). Department of Defense purchases from for- the Department of Defense as well as all jus- (e) The Secretary of Defense shall, with the eign entities in fiscal year 2013. Such report tification material and other documentation submission of the department’s fiscal year shall separately indicate the dollar value of supporting the fiscal year 2014 Department of 2014 budget request, submit a report pre- items for which the Buy American Act was Defense budget shall be prepared and sub- senting the specific amounts of staff years of waived pursuant to any agreement described mitted to the Congress on the basis that any technical effort to be allocated for each de- in subsection (a)(2), the Trade Agreement equipment which was classified as an end fense FFRDC during that fiscal year and the Act of 1979 (19 U.S.C. 2501 et seq.), or any item and funded in a procurement appropria- associated budget estimates. international agreement to which the United tion contained in this Act shall be budgeted SEC. 8024. None of the funds appropriated States is a party. for in a proposed fiscal year 2014 procure- or made available in this Act shall be used to (c) For purposes of this section, the term ment appropriation and not in the supply procure carbon, alloy or armor steel plate for ‘‘Buy American Act’’ means chapter 83 of management business area or any other area use in any Government-owned facility or title 41, United States Code. or category of the Department of Defense property under the control of the Depart- SEC. 8028. During the current fiscal year, Working Capital Funds. ment of Defense which were not melted and amounts contained in the Department of De- SEC. 8032. None of the funds appropriated rolled in the United States or Canada: Pro- fense Overseas Military Facility Investment by this Act for programs of the Central In- vided, That these procurement restrictions Recovery Account established by section telligence Agency shall remain available for shall apply to any and all Federal Supply 2921(c)(1) of the National Defense Authoriza- obligation beyond the current fiscal year, ex- Class 9515, American Society of Testing and tion Act of 1991 (Public Law 101–510; 10 U.S.C. cept for funds appropriated for the Reserve Materials (ASTM) or American Iron and 2687 note) shall be available until expended for Contingencies, which shall remain avail- Steel Institute (AISI) specifications of car- for the payments specified by section able until September 30, 2014: Provided, That bon, alloy or armor steel plate: Provided fur- 2921(c)(2) of that Act. funds appropriated, transferred, or otherwise ther, That the Secretary of the military de- SEC. 8029. (a) Notwithstanding any other credited to the Central Intelligence Agency partment responsible for the procurement provision of law, the Secretary of the Air Central Services Working Capital Fund dur- may waive this restriction on a case-by-case Force may convey at no cost to the Air ing this or any prior or subsequent fiscal basis by certifying in writing to the Commit- Force, without consideration, to Indian year shall remain available until expended: tees on Appropriations of the House of Rep- tribes located in the States of Nevada, Idaho, Provided further, That any funds appropriated resentatives and the Senate that adequate North Dakota, South Dakota, Montana, Or- or transferred to the Central Intelligence domestic supplies are not available to meet egon, Minnesota, and Washington Agency for advanced research and develop- Department of Defense requirements on a relocatable military housing units located at ment acquisition, for agent operations, and timely basis and that such an acquisition Grand Forks Air Force Base, Malmstrom Air for covert action programs authorized by the must be made in order to acquire capability Force Base, Mountain Home Air Force Base, President under section 503 of the National for national security purposes: Provided fur- Ellsworth Air Force Base, and Minot Air Security Act of 1947, as amended, shall re- ther, That these restrictions shall not apply Force Base that are excess to the needs of main available until September 30, 2014. to contracts which are in being as of the date the Air Force. SEC. 8033. Notwithstanding any other pro- of the enactment of this Act. (b) The Secretary of the Air Force shall vision of law, funds made available in this SEC. 8025. For the purposes of this Act, the convey, at no cost to the Air Force, military Act for the Defense Intelligence Agency may term ‘‘congressional defense committees’’ housing units under subsection (a) in accord- be used for the design, development, and de- means the Armed Services Committee of the ance with the request for such units that are ployment of General Defense Intelligence House of Representatives, the Armed Serv- submitted to the Secretary by the Operation Program intelligence communications and ices Committee of the Senate, the Sub- Walking Shield Program on behalf of Indian intelligence information systems for the committee on Defense of the Committee on tribes located in the States of Nevada, Idaho, Services, the Unified and Specified Com- Appropriations of the Senate, and the Sub- North Dakota, South Dakota, Montana, Or- mands, and the component commands. committee on Defense of the Committee on egon, Minnesota, and Washington. Any such SEC. 8034. Of the funds appropriated to the Appropriations of the House of Representa- conveyance shall be subject to the condition Department of Defense under the heading tives. that the housing units shall be removed ‘‘Operation and Maintenance, Defense- SEC. 8026. During the current fiscal year, within a reasonable period of time, as deter- Wide’’, not less than $12,000,000 shall be made the Department of Defense may acquire the mined by the Secretary. available only for the mitigation of environ- modification, depot maintenance and repair (c) The Operation Walking Shield Program mental impacts, including training and tech- of aircraft, vehicles and vessels as well as the shall resolve any conflicts among requests of nical assistance to tribes, related adminis- production of components and other Defense- Indian tribes for housing units under sub- trative support, the gathering of informa- related articles, through competition be- section (a) before submitting requests to the tion, documenting of environmental damage, tween Department of Defense depot mainte- Secretary of the Air Force under subsection and developing a system for prioritization of nance activities and private firms: Provided, (b). mitigation and cost to complete estimates That the Senior Acquisition Executive of the (d) In this section, the term ‘‘Indian tribe’’ for mitigation, on Indian lands resulting military department or Defense Agency con- means any recognized Indian tribe included from Department of Defense activities. cerned, with power of delegation, shall cer- on the current list published by the Sec- SEC. 8035. (a) None of the funds appro- tify that successful bids include comparable retary of the Interior under section 104 of the priated in this Act may be expended by an estimates of all direct and indirect costs for Federally Recognized Indian Tribe Act of entity of the Department of Defense unless both public and private bids: Provided further, 1994 (Public Law 103–454; 108 Stat. 4792; 25 the entity, in expending the funds, complies That Office of Management and Budget Cir- U.S.C. 479a-1). with the Buy American Act. For purposes of

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11629 this subsection, the term ‘‘Buy American that the granting of the waiver will reduce other severely handicapped individuals in ac- Act’’ means chapter 83 of title 41, United the personnel requirements or the financial cordance with that Act; or States Code. requirements of the department. (C) is planned to be converted to perform- (b) If the Secretary of Defense determines (c) This section does not apply to— ance by a qualified firm under at least 51 per- that a person has been convicted of inten- (1) field operating agencies funded within cent ownership by an Indian tribe, as defined tionally affixing a label bearing a ‘‘Made in the National Intelligence Program; in section 4(e) of the Indian Self-Determina- America’’ inscription to any product sold in (2) an Army field operating agency estab- tion and Education Assistance Act (25 U.S.C. or shipped to the United States that is not lished to eliminate, mitigate, or counter the 450b(e)), or a Native Hawaiian Organization, made in America, the Secretary shall deter- effects of improvised explosive devices, and, as defined in section 8(a)(15) of the Small mine, in accordance with section 2410f of as determined by the Secretary of the Army, Business Act (15 U.S.C. 637(a)(15)). title 10, United States Code, whether the per- other similar threats; or (2) This section shall not apply to depot son should be debarred from contracting (3) an Army field operating agency estab- contracts or contracts for depot mainte- with the Department of Defense. lished to improve the effectiveness and effi- nance as provided in sections 2469 and 2474 of (c) In the case of any equipment or prod- ciencies of biometric activities and to inte- title 10, United States Code. ucts purchased with appropriations provided grate common biometric technologies (c) The conversion of any activity or func- under this Act, it is the sense of the Congress throughout the Department of Defense. tion of the Department of Defense under the that any entity of the Department of De- SEC. 8038. The Secretary of Defense, not- authority provided by this section shall be fense, in expending the appropriation, pur- withstanding any other provision of law, act- credited toward any competitive or out- chase only American-made equipment and ing through the Office of Economic Adjust- sourcing goal, target, or measurement that products, provided that American-made ment of the Department of Defense, may use may be established by statute, regulation, or equipment and products are cost-competi- funds made available in this Act under the policy and is deemed to be awarded under the tive, quality competitive, and available in a heading ‘‘Operation and Maintenance, De- authority of, and in compliance with, sub- timely fashion. fense-Wide’’ to make grants and supplement section (h) of section 2304 of title 10, United SEC. 8036. None of the funds appropriated other Federal funds in accordance with the States Code, for the competition or out- by this Act shall be available for a contract guidance provided in the explanatory state- sourcing of commercial activities. for studies, analysis, or consulting services ment regarding this Act. AMENDMENT OFFERED BY MR. AMASH entered into without competition on the SEC. 8039. (a) None of the funds appro- Mr. AMASH. Mr. Chair, I have an basis of an unsolicited proposal unless the priated by this Act shall be available to con- head of the activity responsible for the pro- vert to contractor performance an activity amendment at the desk. curement determines— or function of the Department of Defense The Acting CHAIR. The Clerk will re- (1) as a result of thorough technical eval- that, on or after the date of the enactment of port the amendment. uation, only one source is found fully quali- this Act, is performed by Department of De- The Clerk read as follows: fied to perform the proposed work; fense civilian employees unless— Strike section 8039. (2) the purpose of the contract is to explore (1) the conversion is based on the result of The Acting CHAIR. The gentleman an unsolicited proposal which offers signifi- a public-private competition that includes a cant scientific or technological promise, rep- most efficient and cost effective organiza- from Michigan is recognized for 5 min- resents the product of original thinking, and tion plan developed by such activity or func- utes in support of his amendment. was submitted in confidence by one source; tion; Mr. AMASH. Mr. Chairman, the or (2) the Competitive Sourcing Official deter- House has voted repeatedly to strike (3) the purpose of the contract is to take mines that, over all performance periods problematic and anticompetitive A–76 advantage of unique and significant indus- stated in the solicitation of offers for per- language from the bill we have consid- trial accomplishment by a specific concern, formance of the activity or function, the ered. The same change and reversal of or to insure that a new product or idea of a cost of performance of the activity or func- bad policy should be adopted in this specific concern is given financial support: tion by a contractor would be less costly to Provided, That this limitation shall not the Department of Defense by an amount legislation by striking section 8039. apply to contracts in an amount of less than that equals or exceeds the lesser of— My amendment does just that. As $25,000, contracts related to improvements of (A) 10 percent of the most efficient organi- drafted, section 8039 prohibits the De- equipment that is in development or produc- zation’s personnel-related costs for perform- partment of Defense from contracting tion, or contracts as to which a civilian offi- ance of that activity or function by Federal out any function unless it will save a cial of the Department of Defense, who has employees; or minimum of $10 million or 10 percent of been confirmed by the Senate, determines (B) $10,000,000; and the Department’s performance costs— that the award of such contract is in the in- (3) the contractor does not receive an ad- even if the contractor is less costly terest of the national defense. vantage for a proposal that would reduce costs for the Department of Defense by— overall and can perform the work more Mr. KINGSTON (during the reading). efficiently. Mr. Chairman, I ask unanimous con- (A) not making an employer-sponsored health insurance plan available to the work- Independent studies have found that sent that the remainder of the bill ers who are to be employed in the perform- public-private competitions lower costs through page 66, line 17, be considered ance of that activity or function under the by between 10 and 40 percent, regard- as read, printed in the RECORD, and contract; or less of whether the competition is won open to amendment at any point. (B) offering to such workers an employer- by a private contractor or the govern- The Acting CHAIR. Is there objection sponsored health benefits plan that requires ment. Rather than stand in the way of the employer to contribute less towards the to the request of the gentleman from public-private competitions, Congress Georgia? premium or subscription share than the amount that is paid by the Department of should cut the red tape and make the There was no objection. use of this cost-saving process easier, The Acting CHAIR. The Clerk will Defense for health benefits for civilian em- ployees under chapter 89 of title 5, United not harder. read. States Code. The requirements in section 8039 are The Clerk read as follows: (b)(1) The Department of Defense, without largely codified in existing statute. Re- SEC. 8037. (a) Except as provided in sub- regard to subsection (a) of this section or taining section 8039 will obstruct, and sections (b) and (c), none of the funds made subsection (a), (b), or (c) of section 2461 of potentially nullify, any current efforts available by this Act may be used— title 10, United States Code, and notwith- (1) to establish a field operating agency; or standing any administrative regulation, re- to reform the system in ways that im- (2) to pay the basic pay of a member of the quirement, or policy to the contrary shall prove public-private competitions and Armed Forces or civilian employee of the de- have full authority to enter into a contract bring much-needed transparency, con- partment who is transferred or reassigned for the performance of any commercial or in- sistency, and reliability to the process. from a headquarters activity if the member dustrial type function of the Department of Instead of complicating the use of or employee’s place of duty remains at the Defense that— competitions that improve service and location of that headquarters. (A) is included on the procurement list es- lower costs, we should be encouraging (b) The Secretary of Defense or Secretary tablished pursuant to section 2 of the Javits- agencies to find the most efficient way of a military department may waive the lim- Wagner-O’Day Act (section 8503 of title 41, itations in subsection (a), on a case-by-case United States Code); to deliver services. This amendment basis, if the Secretary determines, and cer- (B) is planned to be converted to perform- will send that message by reducing re- tifies to the Committees on Appropriations ance by a qualified nonprofit agency for the strictions on the Department of De- of the House of Representatives and Senate blind or by a qualified nonprofit agency for fense and making it easier to achieve

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11630 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 reforms that will increase the avail- ment of Defense budget to the Re- ‘‘Other Procurement, Army, 2012/2014’’, ability of cost-saving competitions search and Development portion of the $80,000,000; throughout the Department. budget. Moving these funds will allow ‘‘Aircraft Procurement, Navy, 2012/2014’’, $14,400,000; I urge my colleagues to support this the DOD to develop cost-effective solu- ‘‘Weapons Procurement, Navy, 2012/2014’’, commonsense, taxpayer-first amend- tions to environmental problems. $31,572,000; ment to H.R. 5856. These funds will allow the Strategic ‘‘Aircraft Procurement, Air Force, 2012/ Mr. Chairman, I yield back the bal- Environmental Research and Develop- 2014’’, $277,050,000; ance of my time. ment Program and the Environmental ‘‘Missile Procurement, Air Force, 2012/ Mr. YOUNG of Florida. Mr. Chair- Security Technology Certification Pro- 2014’’, $44,000,000; ‘‘Other Procurement, Air Force, 2012/2014’’, man, I move to strike the last word. gram to support, and I state, grants. $55,800,000; The Acting CHAIR. The gentleman is This is a grant, it’s not an earmark, ‘‘Research, Development, Test and Evalua- recognized for 5 minutes. that provides clear water. tion, Army, 2012/2013’’, $63,000,000; Mr. YOUNG of Florida. The amend- My communities in California, in- ‘‘Research, Development, Test and Evalua- ment tends to remove language from cluding GARY MILLER’s district, in the tion, Navy, 2012/2013’’, $120,000,000; and the appropriations bill, which we’re Inland Empire must deal with per- ‘‘Research, Development, Test and Evalua- going to agree with, by the way. It has chlorate contaminated water. Per- tion, Air Force, 2012/2013’’, $179,600,000. SEC. 8041. None of the funds available in been carried in appropriations bills for chlorate is a rocket fuel additive that this Act may be used to reduce the author- a number of years. However, when the can be harmful to women, children, and ized positions for military technicians (dual laws were codified, it became part of the elderly, that affects both GARY status) of the Army National Guard, Air Na- the permanent law. It doesn’t even MILLER’s and my district. This con- tional Guard, Army Reserve and Air Force need to be in the appropriations bills tamination has resulted in millions of Reserve for the purpose of applying any ad- any longer. dollars in cost to the region for cleanup ministratively imposed civilian personnel So we have no objection to the gen- litigation. ceiling, freeze, or reduction on military tech- tleman’s amendment, and I yield back Congress should actively support the nicians (dual status), unless such reductions are a direct result of a reduction in military the balance of my time. DOD effort to develop solutions to force structure. b 1830 problems like perchlorate contamina- SEC. 8042. None of the funds appropriated tion. I ask my colleagues to support or otherwise made available in this Act may The Acting CHAIR. The question is the Baca-Miller amendment, a bipar- be obligated or expended for assistance to on the amendment offered by the gen- tisan amendment. the Democratic People’s Republic of Korea tleman from Michigan (Mr. AMASH). Again, I thank the chair and the unless specifically appropriated for that pur- The amendment was agreed to. ranking member, and I yield back the pose. AMENDMENT OFFERED BY MR. BACA SEC. 8043. Funds appropriated in this Act balance of my time. for operation and maintenance of the Mili- Mr. BACA. Mr. Chairman, I have an Mr. YOUNG of Florida. Mr. Chair- tary Departments, Combatant Commands amendment at the desk. man, I move to strike the last word. and Defense Agencies shall be available for The Acting CHAIR. The Clerk will re- The Acting CHAIR. The gentleman is reimbursement of pay, allowances and other port the amendment. recognized for 5 minutes. expenses which would otherwise be incurred The Clerk read as follows: Mr. YOUNG of Florida. Mr. Chair- against appropriations for the National Page 9, line 6, after the dollar amount in- man, while I did not object to taking Guard and Reserve when members of the Na- sert the following: ‘‘(reduced by $10,000,000)’’. up this amendment, I am going to ob- tional Guard and Reserve provide intel- ligence or counterintelligence support to Page 32, line 18, after the dollar amount in- ject to the amendment. This one actu- Combatant Commands, Defense Agencies and sert the following: ‘‘(increased by ally was an earmark in the FY10, fund- Joint Intelligence Activities, including the $10,000,000)’’. ed as an earmark at $1.6 million. It also activities and programs included within the The Acting CHAIR. Is there objection takes the money from that source that National Intelligence Program and the Mili- to considering the amendment at this I have objected to before, the Defense- tary Intelligence Program: Provided, That point in the reading? Wide Operation and Maintenance ac- nothing in this section authorizes deviation Mr. YOUNG of Florida. Mr. Chair- counts. I just really cannot support from established Reserve and National Guard man, reserving the right to object—and anything that is going to affect our personnel and training procedures. I won’t object—I will say this is a little readiness to defend our country. SEC. 8044. During the current fiscal year, none of the funds appropriated in this Act unusual for us to agree to do this. But So I strongly object to this amend- may be used to reduce the civilian medical in this one case, we will agree to it and ment, although I did agree to allowing and medical support personnel assigned to let the gentleman present his amend- us to go back to consider the amend- military treatment facilities below the Sep- ment. ment, and I yield back the balance of tember 30, 2003, level: Provided, That the I believe in as much openness as we my time. Service Surgeons General may waive this possibly can provide for all of our The Acting CHAIR. The question is section by certifying to the congressional de- Members, but we just can’t make a on the amendment offered by the gen- fense committees that the beneficiary popu- lation is declining in some catchment areas habit of going back once the bill has tleman from California (Mr. BACA). The amendment was rejected. and civilian strength reductions may be con- been read, once the regular order has sistent with responsible resource steward- been followed. But in this case, we will The Acting CHAIR. The Clerk will ship and capitation-based budgeting. yield. read. SEC. 8045. (a) None of the funds available to I withdraw my reservation, Mr. The Clerk read as follows: the Department of Defense for any fiscal Chairman. SEC. 8040. Of the funds appropriated in De- year for drug interdiction or counter-drug The Acting CHAIR. Without objec- partment of Defense Appropriations Acts, activities may be transferred to any other tion, the gentleman from California is the following funds are hereby rescinded department or agency of the United States recognized for 5 minutes. from the following accounts and programs in except as specifically provided in an appro- the specified amounts: priations law. There was no objection. ‘‘Procurement of Ammunition, Army, 2011/ (b) None of the funds available to the Cen- Mr. BACA. I’d like to thank the 2013’’, $14,862,000; tral Intelligence Agency for any fiscal year chairman and Member DICKS for allow- ‘‘Aircraft Procurement, Navy, 2011/2013’’, for drug interdiction and counter-drug ac- ing me this effort on this legislation. I $30,100,000; tivities may be transferred to any other de- also want to thank my colleague, GARY ‘‘Weapons Procurement, Navy, 2011/2013’’, partment or agency of the United States ex- MILLER, for supporting this amend- $22,000,000; cept as specifically provided in an appropria- ment. ‘‘Other Procurement, Navy, 2011/2013’’, tions law. $12,432,000; SEC. 8046. None of the funds appropriated This is a Baca-Miller amendment. It ‘‘Aircraft Procurement, Air Force, 2011/ by this Act may be used for the procurement is bipartisan. It directs $10 million to 2013’’, $65,000,000; of ball and roller bearings other than those be moved from the Operations and ‘‘Other Procurement, Air Force, 2011/2013’’, produced by a domestic source and of domes- Management portion of the Depart- $9,500,000; tic origin: Provided, That the Secretary of

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11631 the military department responsible for such shall be obligated or expended to pay a con- ernization in the Kaiserslautern Military procurement may waive this restriction on a tractor under a contract with the Depart- Community in the Federal Republic of Ger- case-by-case basis by certifying in writing to ment of Defense for costs of any amount paid many: Provided, That in the City of the Committees on Appropriations of the by the contractor to an employee when— Kaiserslautern and at the Rhine Ordnance House of Representatives and the Senate, (1) such costs are for a bonus or otherwise Barracks area, such agreements will include that adequate domestic supplies are not in excess of the normal salary paid by the the use of United States anthracite as the available to meet Department of Defense re- contractor to the employee; and base load energy for municipal district heat quirements on a timely basis and that such (2) such bonus is part of restructuring costs to the United States Defense installations: an acquisition must be made in order to ac- associated with a business combination. Provided further, That at Landstuhl Army quire capability for national security pur- (INCLUDING TRANSFER OF FUNDS) Regional Medical Center and Ramstein Air poses: Provided further, That this restriction SEC. 8051. During the current fiscal year, Base, furnished heat may be obtained from shall not apply to the purchase of ‘‘commer- no more than $30,000,000 of appropriations private, regional or municipal services, if cial items’’, as defined by section 4(12) of the made in this Act under the heading ‘‘Oper- provisions are included for the consideration Office of Federal Procurement Policy Act, ation and Maintenance, Defense-Wide’’ may of United States coal as an energy source. except that the restriction shall apply to be transferred to appropriations available for SEC. 8055. None of the funds appropriated in ball or roller bearings purchased as end the pay of military personnel, to be merged title IV of this Act may be used to procure items. with, and to be available for the same time end-items for delivery to military forces for SEC. 8047. None of the funds in this Act period as the appropriations to which trans- operational training, operational use or in- may be used to purchase any supercomputer ferred, to be used in support of such per- ventory requirements: Provided, That this re- which is not manufactured in the United sonnel in connection with support and serv- striction does not apply to end-items used in States, unless the Secretary of Defense cer- ices for eligible organizations and activities development, prototyping, and test activi- tifies to the congressional defense commit- outside the Department of Defense pursuant ties preceding and leading to acceptance for tees that such an acquisition must be made to section 2012 of title 10, United States operational use: Provided further, That this in order to acquire capability for national se- Code. restriction does not apply to programs fund- curity purposes that is not available from SEC. 8052. During the current fiscal year, in ed within the National Intelligence Program: United States manufacturers. the case of an appropriation account of the Provided further, That the Secretary of De- SEC. 8048. None of the funds made available Department of Defense for which the period fense may waive this restriction on a case- in this or any other Act may be used to pay of availability for obligation has expired or by-case basis by certifying in writing to the the salary of any officer or employee of the which has closed under the provisions of sec- Committees on Appropriations of the House Department of Defense who approves or im- tion 1552 of title 31, United States Code, and of Representatives and the Senate that it is plements the transfer of administrative re- which has a negative unliquidated or unex- in the national security interest to do so. sponsibilities or budgetary resources of any pended balance, an obligation or an adjust- SEC. 8056. (a) The Secretary of Defense program, project, or activity financed by ment of an obligation may be charged to any may, on a case-by-case basis, waive with re- this Act to the jurisdiction of another Fed- current appropriation account for the same spect to a foreign country each limitation on eral agency not financed by this Act without purpose as the expired or closed account if— the procurement of defense items from for- the express authorization of Congress: Pro- (1) the obligation would have been properly eign sources provided in law if the Secretary vided, That this limitation shall not apply to chargeable (except as to amount) to the ex- determines that the application of the limi- transfers of funds expressly provided for in pired or closed account before the end of the tation with respect to that country would in- Defense Appropriations Acts, or provisions of period of availability or closing of that ac- validate cooperative programs entered into Acts providing supplemental appropriations count; between the Department of Defense and the for the Department of Defense. (2) the obligation is not otherwise properly foreign country, or would invalidate recip- SEC. 8049. (a) Notwithstanding any other chargeable to any current appropriation ac- rocal trade agreements for the procurement provision of law, none of the funds available count of the Department of Defense; and of defense items entered into under section to the Department of Defense for the current (3) in the case of an expired account, the 2531 of title 10, United States Code, and the fiscal year may be obligated or expended to obligation is not chargeable to a current ap- country does not discriminate against the transfer to another nation or an inter- propriation of the Department of Defense same or similar defense items produced in national organization any defense articles or under the provisions of section 1405(b)(8) of the United States for that country. services (other than intelligence services) for the National Defense Authorization Act for (b) Subsection (a) applies with respect to— use in the activities described in subsection Fiscal Year 1991, Public Law 101–510, as (1) contracts and subcontracts entered into (b) unless the congressional defense commit- amended (31 U.S.C. 1551 note): Provided, That on or after the date of the enactment of this tees, the Committee on Foreign Affairs of in the case of an expired account, if subse- Act; and the House of Representatives, and the Com- quent review or investigation discloses that (2) options for the procurement of items mittee on Foreign Relations of the Senate there was not in fact a negative unliquidated that are exercised after such date under con- are notified 15 days in advance of such trans- or unexpended balance in the account, any tracts that are entered into before such date fer. charge to a current account under the au- if the option prices are adjusted for any rea- (b) This section applies to— thority of this section shall be reversed and son other than the application of a waiver (1) any international peacekeeping or recorded against the expired account: Pro- granted under subsection (a). peace-enforcement operation under the au- vided further, That the total amount charged (c) Subsection (a) does not apply to a limi- thority of chapter VI or chapter VII of the to a current appropriation under this section tation regarding construction of public ves- United Nations Charter under the authority may not exceed an amount equal to 1 percent sels, ball and roller bearings, food, and cloth- of a United Nations Security Council resolu- of the total appropriation for that account. ing or textile materials as defined by section tion; and SEC. 8053. (a) Notwithstanding any other 11 (chapters 50–65) of the Harmonized Tariff (2) any other international peacekeeping, provision of law, the Chief of the National Schedule and products classified under head- peace-enforcement, or humanitarian assist- Guard Bureau may permit the use of equip- ings 4010, 4202, 4203, 6401 through 6406, 6505, ance operation. ment of the National Guard Distance Learn- 7019, 7218 through 7229, 7304.41 through (c) A notice under subsection (a) shall in- ing Project by any person or entity on a 7304.49, 7306.40, 7502 through 7508, 8105, 8108, clude the following: space-available, reimbursable basis. The 8109, 8211, 8215, and 9404. (1) A description of the equipment, sup- Chief of the National Guard Bureau shall es- SEC. 8057. (a) None of the funds made avail- plies, or services to be transferred. tablish the amount of reimbursement for able by this Act may be used to support any (2) A statement of the value of the equip- such use on a case-by-case basis. training program involving a unit of the se- ment, supplies, or services to be transferred. (b) Amounts collected under subsection (a) curity forces or police of a foreign country if (3) In the case of a proposed transfer of shall be credited to funds available for the the Secretary of Defense has received cred- equipment or supplies— National Guard Distance Learning Project ible information from the Department of (A) a statement of whether the inventory and be available to defray the costs associ- State that the unit has committed a gross requirements of all elements of the Armed ated with the use of equipment of the project violation of human rights, unless all nec- Forces (including the reserve components) under that subsection. Such funds shall be essary corrective steps have been taken. for the type of equipment or supplies to be available for such purposes without fiscal (b) The Secretary of Defense, in consulta- transferred have been met; and year limitation. tion with the Secretary of State, shall en- (B) a statement of whether the items pro- SEC. 8054. Using funds made available by sure that prior to a decision to conduct any posed to be transferred will have to be re- this Act or any other Act, the Secretary of training program referred to in subsection placed and, if so, how the President proposes the Air Force, pursuant to a determination (a), full consideration is given to all credible to provide funds for such replacement. under section 2690 of title 10, United States information available to the Department of SEC. 8050. None of the funds available to Code, may implement cost-effective agree- State relating to human rights violations by the Department of Defense under this Act ments for required heating facility mod- foreign security forces.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.001 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11632 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 (c) The Secretary of Defense, after con- nomenclature designation of ‘‘armor pene- through VIII of the matter under subsection sultation with the Secretary of State, may trator’’, ‘‘armor piercing (AP)’’, ‘‘armor 101(b) of Public Law 104–208; 110 Stat. 3009– waive the prohibition in subsection (a) if he piercing incendiary (API)’’, or ‘‘armor-pierc- 111; 10 U.S.C. 113 note) shall continue in ef- determines that such waiver is required by ing incendiary tracer (API–T)’’, except to an fect to apply to disbursements that are made extraordinary circumstances. entity performing demilitarization services by the Department of Defense in fiscal year (d) Not more than 15 days after the exer- for the Department of Defense under a con- 2013. cise of any waiver under subsection (c), the tract that requires the entity to dem- SEC. 8068. In addition to amounts provided Secretary of Defense shall submit a report to onstrate to the satisfaction of the Depart- elsewhere in this Act, $4,000,000 is hereby ap- the congressional defense committees de- ment of Defense that armor piercing projec- propriated to the Department of Defense, to scribing the extraordinary circumstances, tiles are either: (1) rendered incapable of remain available for obligation until ex- the purpose and duration of the training pro- reuse by the demilitarization process; or (2) pended: Provided, That notwithstanding any gram, the United States forces and the for- used to manufacture ammunition pursuant other provision of law, that upon the deter- eign security forces involved in the training to a contract with the Department of De- mination of the Secretary of Defense that it program, and the information relating to fense or the manufacture of ammunition for shall serve the national interest, these funds human rights violations that necessitates export pursuant to a License for Permanent shall be available only for a grant to the the waiver. Export of Unclassified Military Articles Fisher House Foundation, Inc., only for the SEC. 8058. None of the funds appropriated issued by the Department of State. construction and furnishing of additional or otherwise made available by this or other SEC. 8064. Notwithstanding any other pro- Fisher Houses to meet the needs of military Department of Defense Appropriations Acts vision of law, the Chief of the National family members when confronted with the may be obligated or expended for the purpose Guard Bureau, or his designee, may waive illness or hospitalization of an eligible mili- of performing repairs or maintenance to payment of all or part of the consideration tary beneficiary. military family housing units of the Depart- that otherwise would be required under sec- (INCLUDING TRANSFER OF FUNDS) ment of Defense, including areas in such tion 2667 of title 10, United States Code, in military family housing units that may be the case of a lease of personal property for a SEC. 8069. Of the amounts appropriated in used for the purpose of conducting official period not in excess of 1 year to any organi- this Act under the heading ‘‘Research, Devel- Department of Defense business. zation specified in section 508(d) of title 32, opment, Test and Evaluation, Defense- SEC. 8059. Notwithstanding any other pro- United States Code, or any other youth, so- Wide’’, $948,736,000 shall be for the Israeli Co- vision of law, funds appropriated in this Act cial, or fraternal nonprofit organization as operative Programs: Provided, That of this under the heading ‘‘Research, Development, may be approved by the Chief of the National amount, $149,679,000 shall be for the Short Test and Evaluation, Defense-Wide’’ for any Guard Bureau, or his designee, on a case-by- Range Ballistic Missile Defense (SRBMD) new start advanced concept technology dem- case basis. program, including cruise missile defense re- onstration project or joint capability dem- SEC. 8065. None of the funds appropriated search and development under the SRBMD onstration project may only be obligated 45 by this Act shall be used for the support of program, of which $15,000,000 shall be for pro- days after a report, including a description any nonappropriated funds activity of the duction activities of SRBMD missiles in the of the project, the planned acquisition and Department of Defense that procures malt United States and in Israel to meet Israel’s transition strategy and its estimated annual beverages and wine with nonappropriated defense requirements consistent with each and total cost, has been provided in writing funds for resale (including such alcoholic nation’s laws, regulations, and procedures, to the congressional defense committees: beverages sold by the drink) on a military $74,692,000 shall be available for an upper-tier Provided, That the Secretary of Defense may installation located in the United States un- component to the Israeli Missile Defense Ar- waive this restriction on a case-by-case basis less such malt beverages and wine are pro- chitecture, and $44,365,000 shall be for the by certifying to the congressional defense cured within that State, or in the case of the Arrow System Improvement Program includ- committees that it is in the national inter- District of Columbia, within the District of ing development of a long range, ground and est to do so. Columbia, in which the military installation airborne, detection suite, and $680,000,000 SEC. 8060. The Secretary of Defense shall is located: Provided, That in a case in which shall be for the Iron Dome program: Provided provide a classified quarterly report begin- the military installation is located in more further, That funds made available under this ning 30 days after enactment of this Act, to than one State, purchases may be made in provision for production of missiles and mis- the House and Senate Appropriations Com- any State in which the installation is lo- sile components may be transferred to appro- mittees, Subcommittees on Defense on cer- cated: Provided further, That such local pro- priations available for the procurement of tain matters as directed in the classified curement requirements for malt beverages weapons and equipment, to be merged with annex accompanying this Act. and wine shall apply to all alcoholic bev- and to be available for the same time period SEC. 8061. During the current fiscal year, erages only for military installations in and the same purposes as the appropriation none of the funds available to the Depart- States which are not contiguous with an- to which transferred: Provided further, That ment of Defense may be used to provide sup- other State: Provided further, That alcoholic the transfer authority provided under this port to another department or agency of the beverages other than wine and malt bev- provision is in addition to any other transfer United States if such department or agency erages, in contiguous States and the District authority contained in this Act. is more than 90 days in arrears in making of Columbia shall be procured from the most SEC. 8070. None of the funds available to payment to the Department of Defense for competitive source, price and other factors the Department of Defense may be obligated goods or services previously provided to such considered. to modify command and control relation- department or agency on a reimbursable (INCLUDING TRANSFER OF FUNDS) ships to give Fleet Forces Command oper- basis: Provided, That this restriction shall SEC. 8066. Of the amounts appropriated in ational and administrative control of U.S. not apply if the department is authorized by this Act under the heading ‘‘Operation and Navy forces assigned to the Pacific fleet: law to provide support to such department or Maintenance, Army’’, $133,381,000 shall re- Provided, That the command and control re- agency on a nonreimbursable basis, and is main available until expended: Provided, lationships which existed on October 1, 1994, providing the requested support pursuant to That notwithstanding any other provision of shall remain in force unless changes are spe- such authority: Provided further, That the law, the Secretary of Defense is authorized cifically authorized in a subsequent Act. Secretary of Defense may waive this restric- to transfer such funds to other activities of SEC. 8071. Of the amounts appropriated in tion on a case-by-case basis by certifying in the Federal Government: Provided further, this Act under the heading ‘‘Shipbuilding writing to the Committees on Appropria- That the Secretary of Defense is authorized and Conversion, Navy’’, $372,573,000 shall be tions of the House of Representatives and to enter into and carry out contracts for the available until September 30, 2013, to fund the Senate that it is in the national security acquisition of real property, construction, prior year shipbuilding cost increases: Pro- interest to do so. personal services, and operations related to vided, That upon enactment of this Act, the SEC. 8062. Notwithstanding section 12310(b) projects carrying out the purposes of this Secretary of the Navy shall transfer funds to of title 10, United States Code, a Reserve section: Provided further, That contracts en- the following appropriations in the amounts who is a member of the National Guard serv- tered into under the authority of this section specified: Provided further, That the amounts ing on full-time National Guard duty under may provide for such indemnification as the transferred shall be merged with and be section 502(f) of title 32, United States Code, Secretary determines to be necessary: Pro- available for the same purposes as the appro- may perform duties in support of the ground- vided further, That projects authorized by priations to which transferred to: based elements of the National Ballistic Mis- this section shall comply with applicable (1) Under the heading ‘‘Shipbuilding and sile Defense System. Federal, State, and local law to the max- Conversion, Navy, 2007/2013’’: LHA Replace- SEC. 8063. None of the funds provided in imum extent consistent with the national se- ment Program $156,685,000; this Act may be used to transfer to any non- curity, as determined by the Secretary of (2) Under the heading ‘‘Shipbuilding and governmental entity ammunition held by Defense. Conversion, Navy, 2008/2013’’: LPD–17 Am- the Department of Defense that has a center- SEC. 8067. Section 8106 of the Department phibious Transport Dock Program $80,888,000; fire cartridge and a United States military of Defense Appropriations Act, 1997 (titles I and

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11633 (3) Under the heading ‘‘Shipbuilding and foreign intelligence activities: Provided, That be obligated to provide assistance to any for- Conversion, Navy, 2009/2013’’: CVN Refueling information pertaining to United States per- eign country that is otherwise prohibited Overhauls $135,000,000. sons shall only be handled in accordance from receiving such type of assistance under SEC. 8072. Funds appropriated by this Act, with protections provided in the Fourth any other provision of law. or made available by the transfer of funds in Amendment of the United States Constitu- SEC. 8084. None of the funds appropriated this Act, for intelligence activities are tion as implemented through Executive by this Act for programs of the Office of the deemed to be specifically authorized by the Order No. 12333. Director of National Intelligence shall re- Congress for purposes of section 504 of the SEC. 8079. (a) At the time members of re- main available for obligation beyond the National Security Act of 1947 (50 U.S.C. 414) serve components of the Armed Forces are current fiscal year, except for funds appro- during fiscal year 2013 until the enactment of called or ordered to active duty under sec- priated for research and technology, which the Intelligence Authorization Act for Fiscal tion 12302(a) of title 10, United States Code, shall remain available until September 30, Year 2013. each member shall be notified in writing of 2014. SEC. 8073. None of the funds provided in the expected period during which the mem- SEC. 8085. For purposes of section 1553(b) of this Act shall be available for obligation or ber will be mobilized. title 31, United States Code, any subdivision expenditure through a reprogramming of (b) The Secretary of Defense may waive of appropriations made in this Act under the funds that creates or initiates a new pro- the requirements of subsection (a) in any heading ‘‘Shipbuilding and Conversion, gram, project, or activity unless such pro- case in which the Secretary determines that Navy’’ shall be considered to be for the same gram, project, or activity must be under- it is necessary to do so to respond to a na- purpose as any subdivision under the heading taken immediately in the interest of na- tional security emergency or to meet dire ‘‘Shipbuilding and Conversion, Navy’’ appro- tional security and only after written prior operational requirements of the Armed priations in any prior fiscal year, and the 1 notification to the congressional defense Forces. percent limitation shall apply to the total committee. (INCLUDING TRANSFER OF FUNDS) amount of the appropriation. SEC. 8074. The budget of the President for SEC. 8080. The Secretary of Defense may SEC. 8086. The Director of National Intel- fiscal year 2014 submitted to the Congress transfer funds from any available Depart- ligence shall include the budget exhibits pursuant to section 1105 of title 31, United ment of the Navy appropriation to any avail- identified in paragraphs (1) and (2) as de- States Code, shall include separate budget able Navy ship construction appropriation scribed in the Department of Defense Finan- justification documents for costs of United for the purpose of liquidating necessary cial Management Regulation with the con- States Armed Forces’ participation in con- changes resulting from inflation, market gressional budget justification books: tingency operations for the Military Per- fluctuations, or rate adjustments for any (1) For procurement programs requesting sonnel accounts, the Operation and Mainte- ship construction program appropriated in more than $10,000,000 in any fiscal year, the nance accounts, and the Procurement ac- law: Provided, That the Secretary may trans- P–1, Procurement Program; P–5, Cost Anal- counts: Provided, That these documents shall fer not to exceed $100,000,000 under the au- ysis; P–5a, Procurement History and Plan- include a description of the funding re- thority provided by this section: Provided ning; P–21, Production Schedule; and P–40, quested for each contingency operation, for further, That the Secretary may not transfer Budget Item Justification. each military service, to include all Active any funds until 30 days after the proposed (2) For research, development, test and and Reserve components, and for each appro- transfer has been reported to the Commit- evaluation projects requesting more than priations account: Provided further, That tees on Appropriations of the House of Rep- $5,000,000 in any fiscal year, the R–1, Re- these documents shall include estimated resentatives and the Senate, unless a re- search, Development, Test and Evaluation costs for each element of expense or object sponse from the Committees is received Program; R–2, Research, Development, Test class, a reconciliation of increases and de- sooner: Provided further, That any funds and Evaluation Budget Item Justification; creases for each contingency operation, and transferred pursuant to this section shall re- R–3, Research, Development, Test and Eval- programmatic data including, but not lim- tain the same period of availability as when uation Project Cost Analysis; and R–4, Re- ited to, troop strength for each Active and originally appropriated: Provided further, search, Development, Test and Evaluation Reserve component, and estimates of the That the transfer authority provided by this Program Schedule Profile. major weapons systems deployed in support section is in addition to any other transfer SEC. 8087. Notwithstanding any other pro- of each contingency: Provided further, That authority contained elsewhere in this Act. vision of this Act, due to an excessive level these documents shall include budget exhib- SEC. 8081. For purposes of section 7108 of of funded carryover at Army depots, the its OP–5 and OP–32 (as defined in the Depart- title 41, United States Code, any subdivision total amount appropriated to ‘‘Operation ment of Defense Financial Management Reg- of appropriations made under the heading and Maintenance, Army’’, in title II of this ulation) for all contingency operations for ‘‘Shipbuilding and Conversion, Navy’’ that is Act is hereby reduced by $1,207,400,000, and the budget year and the two preceding fiscal not closed at the time reimbursement is the total amount appropriated to ‘‘Other years. made shall be available to reimburse the Procurement, Army’’, in title III of this Act SEC. 8075. None of the funds in this Act Judgment Fund and shall be considered for is hereby reduced by $1,253,500,000. may be used for research, development, test, the same purposes as any subdivision under SEC. 8088. (a) Not later than 60 days after evaluation, procurement or deployment of the heading ‘‘Shipbuilding and Conversion, the date of enactment of this Act, the Direc- nuclear armed interceptors of a missile de- Navy’’ appropriations in the current fiscal tor of National Intelligence shall submit a fense system. year or any prior fiscal year. report to the congressional intelligence com- SEC. 8076. In addition to the amounts ap- SEC. 8082. (a) None of the funds appro- mittees to establish the baseline for applica- propriated or otherwise made available else- priated by this Act may be used to transfer tion of reprogramming and transfer authori- where in this Act, $44,000,000 is hereby appro- research and development, acquisition, or ties for fiscal year 2013: Provided, That the priated to the Department of Defense: Pro- other program authority relating to current report shall include— vided, That upon the determination of the tactical unmanned aerial vehicles (TUAVs) (1) a table for each appropriation with a Secretary of Defense that it shall serve the from the Army. separate column to display the President’s national interest, he shall make grants in (b) The Army shall retain responsibility budget request, adjustments made by Con- the amounts specified as follows: $20,000,000 for and operational control of the MQ–1C gress, adjustments due to enacted rescis- to the United Service Organizations and Sky Warrior Unmanned Aerial Vehicle sions, if appropriate, and the fiscal year en- $24,000,000 to the Red Cross. (UAV) in order to support the Secretary of acted level; SEC. 8077. None of the funds appropriated Defense in matters relating to the employ- (2) a delineation in the table for each ap- or made available in this Act shall be used to ment of unmanned aerial vehicles. propriation by Expenditure Center and reduce or disestablish the operation of the SEC. 8083. Up to $15,000,000 of the funds ap- project; and 53rd Weather Reconnaissance Squadron of propriated under the heading ‘‘Operation and (3) an identification of items of special the Air Force Reserve, if such action would Maintenance, Navy’’ may be made available congressional interest. reduce the WC–130 Weather Reconnaissance for the Asia Pacific Regional Initiative Pro- (b) None of the funds provided for the Na- mission below the levels funded in this Act: gram for the purpose of enabling the Pacific tional Intelligence Program in this Act shall Provided, That the Air Force shall allow the Command to execute Theater Security Co- be available for reprogramming or transfer 53rd Weather Reconnaissance Squadron to operation activities such as humanitarian until the report identified in subsection (a) is perform other missions in support of na- assistance, and payment of incremental and submitted to the congressional intelligence tional defense requirements during the non- personnel costs of training and exercising committees, unless the Director of National hurricane season. with foreign security forces: Provided, That Intelligence certifies in writing to the con- SEC. 8078. None of the funds provided in funds made available for this purpose may be gressional intelligence committees that such this Act shall be available for integration of used, notwithstanding any other funding au- reprogramming or transfer is necessary as an foreign intelligence information unless the thorities for humanitarian assistance, secu- emergency requirement. information has been lawfully collected and rity assistance or combined exercise ex- SEC. 8089. (a) None of the funds provided for processed during the conduct of authorized penses: Provided further, That funds may not the National Intelligence Program in this or

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11634 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 any prior appropriations Act shall be avail- to the Defense Acquisition Workforce Devel- in lieu of a waiver and the reasons each such able for obligation or expenditure through a opment Fund in accordance with the require- alternative would not avoid harm to na- reprogramming or transfer of funds in ac- ments of section 1705 of title 10, United tional security interests of the United cordance with section 102A(d) of the National States Code. States. The Secretary of Defense shall trans- Security Act of 1947 (50 U.S.C. 403–1(d)) SEC. 8095. (a) Any agency receiving funds mit to Congress, and simultaneously make that— made available in this Act, shall, subject to public, any determination under this sub- (1) creates a new start effort; subsections (b) and (c), post on the public section not less than 15 business days before (2) terminates a program with appropriated website of that agency any report required the contract or subcontract addressed in the funding of $10,000,000 or more; to be submitted by the Congress in this or determination may be awarded. (3) transfers funding into or out of the Na- any other Act, upon the determination by SEC. 8097. None of the funds made available tional Intelligence Program; or the head of the agency that it shall serve the under this Act may be distributed to the As- (4) transfers funding between appropria- national interest. sociation of Community Organizations for tions, (b) Subsection (a) shall not apply to a re- Reform Now (ACORN) or its subsidiaries. unless the congressional intelligence com- port if— (INCLUDING TRANSFER OF FUNDS) mittees are notified 30 days in advance of (1) the public posting of the report com- SEC. 8098. From within the funds appro- such reprogramming of funds; this notifica- promises national security; or priated for operation and maintenance for tion period may be reduced for urgent na- (2) the report contains proprietary infor- the Defense Health Program in this Act, up tional security requirements. mation. to $139,204,000, shall be available for transfer (b) None of the funds provided for the Na- (c) The head of the agency posting such re- to the Joint Department of Defense-Depart- tional Intelligence Program in this or any port shall do so only after such report has ment of Veterans Affairs Medical Facility prior appropriations Act shall be available been made available to the requesting Com- Demonstration Fund in accordance with the for obligation or expenditure through a re- mittee or Committees of Congress for no less provisions of section 1704 of the National De- programming or transfer of funds in accord- than 45 days. fense Authorization Act for Fiscal Year 2010, ance with section 102A(d) of the National Se- SEC. 8096. (a) None of the funds appro- Public Law 111–84: Provided, That for pur- curity Act of 1947 (50 U.S.C. 403–1(d)) that re- priated or otherwise made available by this poses of section 1704(b), the facility oper- sults in a cumulative increase or decrease of Act may be expended for any Federal con- ations funded are operations of the inte- the levels specified in the classified annex tract for an amount in excess of $1,000,000, grated Captain James A. Lovell Federal accompanying the Act unless the congres- unless the contractor agrees not to— Health Care Center, consisting of the North sional intelligence committees are notified (1) enter into any agreement with any of Chicago Veterans Affairs Medical Center, the 30 days in advance of such reprogramming of its employees or independent contractors Navy Ambulatory Care Center, and sup- funds; this notification period may be re- that requires, as a condition of employment, porting facilities designated as a combined duced for urgent national security require- that the employee or independent contractor Federal medical facility as described by sec- ments. agree to resolve through arbitration any tion 706 of Public Law 110–417: Provided fur- SEC. 8090. The Director of National Intel- claim under title VII of the Civil Rights Act ther, That additional funds may be trans- ligence shall submit to Congress each year, of 1964 or any tort related to or arising out ferred from funds appropriated for operation at or about the time that the President’s of sexual assault or harassment, including and maintenance for the Defense Health Pro- budget is submitted to Congress that year assault and battery, intentional infliction of gram to the Joint Department of Defense- under section 1105(a) of title 31, United emotional distress, false imprisonment, or Department of Veterans Affairs Medical Fa- States Code, a future-years intelligence pro- negligent hiring, supervision, or retention; cility Demonstration Fund upon written no- gram (including associated annexes) reflect- or tification by the Secretary of Defense to the ing the estimated expenditures and proposed (2) take any action to enforce any provi- Committees on Appropriations of the House appropriations included in that budget. Any sion of an existing agreement with an em- of Representatives and the Senate. such future-years intelligence program shall ployee or independent contractor that man- SEC. 8099. The Office of the Director of Na- cover the fiscal year with respect to which dates that the employee or independent con- tional Intelligence shall not employ more the budget is submitted and at least the four tractor resolve through arbitration any Senior Executive employees than are speci- succeeding fiscal years. claim under title VII of the Civil Rights Act fied in the classified annex. SEC. 8091. For the purposes of this Act, the of 1964 or any tort related to or arising out SEC. 8100. None of the funds appropriated term ‘‘congressional intelligence commit- of sexual assault or harassment, including or otherwise made available by this Act may tees’’ means the Permanent Select Com- assault and battery, intentional infliction of be obligated or expended to pay a retired mittee on Intelligence of the House of Rep- emotional distress, false imprisonment, or general or flag officer to serve as a senior resentatives, the Select Committee on Intel- negligent hiring, supervision, or retention. mentor advising the Department of Defense ligence of the Senate, the Subcommittee on (b) None of the funds appropriated or oth- unless such retired officer files a Standard Defense of the Committee on Appropriations erwise made available by this Act may be ex- Form 278 (or successor form concerning pub- of the House of Representatives, and the pended for any Federal contract unless the lic financial disclosure under part 2634 of Subcommittee on Defense of the Committee contractor certifies that it requires each title 5, Code of Federal Regulations) to the on Appropriations of the Senate. covered subcontractor to agree not to enter Office of Government Ethics. SEC. 8092. The Department of Defense shall into, and not to take any action to enforce SEC. 8101. Appropriations available to the continue to report incremental contingency any provision of, any agreement as described Department of Defense may be used for the operations costs for Operation New Dawn in paragraphs (1) and (2) of subsection (a), purchase of heavy and light armored vehicles and Operation Enduring Freedom, or any with respect to any employee or independent for the physical security of personnel or for other named operations in the U.S. Central contractor performing work related to such force protection purposes up to a limit of Command area of operation on a monthly subcontract. For purposes of this subsection, $250,000 per vehicle, notwithstanding price or basis in the Cost of War Execution Report as a ‘‘covered subcontractor’’ is an entity that other limitations applicable to the purchase prescribed in the Department of Defense Fi- has a subcontract in excess of $1,000,000 on a of passenger carrying vehicles. nancial Management Regulation Department contract subject to subsection (a). SEC. 8102. Of the amounts appropriated for of Defense Instruction 7000.14, Volume 12, (c) The prohibitions in this section do not ‘‘Operation and Maintenance, Defense- Chapter 23 ‘‘Contingency Operations’’, Annex apply with respect to a contractor’s or sub- Wide’’, the following amounts shall be avail- 1, dated September 2005. contractor’s agreements with employees or able to the Secretary of Defense, for the fol- (INCLUDING TRANSFER OF FUNDS) independent contractors that may not be en- lowing authorized purposes, notwithstanding forced in a court of the United States. any other provision of law, acting through SEC. 8093. During the current fiscal year, (d) The Secretary of Defense may waive the Office of Economic Adjustment of the not to exceed $11,000,000 from each of the ap- the application of subsection (a) or (b) to a Department of Defense, to make grants, con- propriations made in title II of this Act for particular contractor or subcontractor for clude cooperative agreements, and supple- ‘‘Operation and Maintenance, Army’’, ‘‘Oper- the purposes of a particular contract or sub- ment other Federal funds, to remain avail- ation and Maintenance, Navy’’, and ‘‘Oper- contract if the Secretary or the Deputy Sec- able until expended, to assist the civilian ation and Maintenance, Air Force’’ may be retary personally determines that the waiver population of Guam in response to the mili- transferred by the military department con- is necessary to avoid harm to national secu- tary buildup of Guam: (1) $33,000,000 for ad- cerned to its central fund established for rity interests of the United States, and that dressing the need for construction of a men- Fisher Houses and Suites pursuant to section the term of the contract or subcontract is tal health and substance abuse facility and 2493(d) of title 10, United States Code. not longer than necessary to avoid such construction of a regional public health lab- (INCLUDING TRANSFER OF FUNDS) harm. The determination shall set forth with oratory; and (2) $106,400,000 for addressing the SEC. 8094. Funds appropriated by this Act specificity the grounds for the waiver and for need for civilian water and wastewater im- for operation and maintenance may be avail- the contract or subcontract term selected, provements: Provided, That the Secretary of able for the purpose of making remittances and shall state any alternatives considered Defense shall, not fewer than 15 days prior to

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11635 obligating funds for either of the foregoing eral funds to construct, renovate, repair, or (F) has agreed to share with the United purposes, notify the congressional defense expand elementary and secondary public States any information that— committees in writing of the details of any schools on military installations in order to (i) is related to the individual or any asso- such obligation. address capacity or facility condition defi- ciates of the individual; and SEC. 8103. None of the funds made available ciencies at such schools: Provided further, (ii) could affect the security of the United by this Act may be used by the Secretary of That in making such funds available, the Of- States, its citizens, or its allies; and Defense to take beneficial occupancy of more fice of Economic Adjustment or the Sec- (2) includes an assessment, in classified or than 2,000 parking spaces (other than handi- retary of Education shall give priority con- unclassified form, of the capacity, willing- cap-reserved spaces) to be provided by the sideration to those military installations ness, and past practices (if applicable) of the BRAC 133 project: Provided, That this limita- with schools having the most serious capac- foreign country or entity in relation to the tion may be waived in part if: (1) the Sec- ity or facility condition deficiencies as de- Secretary’s certifications. retary of Defense certifies to Congress that termined by the Secretary of Defense: Pro- (c)(1) Except as provided in paragraph (2) levels of service at existing intersections in vided further, That funds may not be made and subsection (d), none of the funds appro- the vicinity of the project have not experi- available for a school unless its enrollment priated or otherwise made available in this enced failing levels of service as defined by of Department of Defense-connected children or any other Act may be used to transfer any the Transportation Research Board Highway is greater than 50 percent. individual detained at Guantanamo to the Capacity Manual over a consecutive 90-day SEC. 8108. None of the funds appropriated custody or control of the individual’s coun- period; (2) the Department of Defense and or otherwise made available in this or any try of origin, any other foreign country, or the Virginia Department of Transportation other Act may be used to transfer, release, any other foreign entity if there is a con- agree on the number of additional parking or assist in the transfer or release to or with- firmed case of any individual who was de- in the United States, its territories, or pos- spaces that may be made available to em- tained at United States Naval Station, sessions Khalid Sheikh Mohammed or any ployees of the facility subject to continued Guantanamo Bay, Cuba, at any time after other detainee who— 90-day traffic monitoring; and (3) the Sec- September 11, 2001, who was transferred to (1) is not a United States citizen or a mem- retary of Defense notifies the congressional such foreign country or entity and subse- ber of the Armed Forces of the United defense committees in writing at least 14 quently engaged in any terrorist activity. States; and days prior to exercising this waiver of the (2) Paragraph (1) shall not apply to any ac- (2) is or was held on or after June 24, 2009, number of additional parking spaces to be tion taken by the Secretary to transfer any at the United States Naval Station, Guanta- made available: Provided further, That the individual detained at Guantanamo to effec- namo Bay, Cuba, by the Department of De- Secretary of Defense shall implement the tuate— fense. Department of Defense Inspector General (A) an order affecting the disposition of the SEC. 8109. (a)(1) Except as provided in para- recommendations outlined in report number graph (2) and subsection (d), none of the individual that is issued by a court or com- DODIG–2012–024, and certify to Congress not funds appropriated or otherwise made avail- petent tribunal of the United States having later than 180 days after enactment of this able in this or any other Act may be used to lawful jurisdiction (which the Secretary Act that the recommendations have been im- transfer any individual detained at Guanta- shall notify Congress of promptly after plemented. namo to the custody or control of the indi- issuance); or SEC. 8104. Not later than 120 days after the vidual’s country of origin, any other foreign (B) a pre-trial agreement entered in a mili- date of the enactment of this Act, the Sec- country, or any other foreign entity unless tary commission case prior to the date of the retary of Defense shall resume monthly re- the Secretary of Defense submits to Congress enactment of this Act. porting of the numbers of civilian personnel the certification described in subsection (b) (d)(1) The Secretary of Defense may waive end strength by appropriation account for not later than 30 days before the transfer of the applicability to a detainee transfer of a each and every appropriation account used the individual. certification requirement specified in sub- to finance Federal civilian personnel salaries (2) Paragraph (1) shall not apply to any ac- paragraph (D) or (E) of subsection (b)(1) or to the congressional defense committees tion taken by the Secretary to transfer any the prohibition in subsection (c), if the Sec- within 15 days after the end of each fiscal individual detained at Guantanamo to effec- retary certifies the rest of the criteria re- quarter. tuate— quired by subsection (b) for transfers prohib- SEC. 8105. None of the funds appropriated in (A) an order affecting the disposition of the ited by (c) and, with the concurrence of the this or any other Act may be used to plan, individual that is issued by a court or com- Secretary of State and in consultation with prepare for, or otherwise take any action to petent tribunal of the United States having the Director of National Intelligence, deter- undertake or implement the separation of lawful jurisdiction (which the Secretary mines that— the National Intelligence Program budget shall notify Congress of promptly after (A) alternative actions will be taken to ad- from the Department of Defense budget. issuance); or dress the underlying purpose of the require- (INCLUDING TRANSFER OF FUNDS) (B) a pre-trial agreement entered in a mili- ment or requirements to be waived; (B) in the case of a waiver of subparagraph SEC. 8106. Upon a determination by the Di- tary commission case prior to the date of the (D) or (E) of subsection (b)(1), it is not pos- rector of National Intelligence that such ac- enactment of this Act. sible to certify that the risks addressed in tion is necessary and in the national inter- (b) A certification described in this sub- section is a written certification made by the paragraph to be waived have been com- est, the Director may, with the approval of the Secretary of Defense, with the concur- pletely eliminated, but the actions to be the Office of Management and Budget, trans- rence of the Secretary of State and in con- taken under subparagraph (A) will substan- fer not to exceed $2,000,000,000 of the funds sultation with the Director of National In- tially mitigate such risks with regard to the made available in this Act for the National telligence, that— individual to be transferred; Intelligence Program: Provided, That such (1) the government of the foreign country (C) in the case of a waiver of subsection (c), authority to transfer may not be used unless or the recognized leadership of the foreign the Secretary has considered any confirmed for higher priority items, based on unfore- entity to which the individual detained at case in which an individual who was trans- seen intelligence requirements, than those Guantanamo is to be transferred— ferred to the country subsequently engaged for which originally appropriated and in no (A) is not a designated state sponsor of ter- in terrorist activity, and the actions to be case where the item for which funds are re- rorism or a designated foreign terrorist orga- taken under subparagraph (A) will substan- quested has been denied by the Congress: nization; tially mitigate the risk of recidivism with Provided further, That a request for multiple (B) maintains control over each detention regard to the individual to be transferred; reprogrammings of funds using authority facility in which the individual is to be de- and provided in this section shall be made prior tained if the individual is to be housed in a (D) the transfer is in the national security to June 30, 2013. detention facility; interests of the United States. (INCLUDING TRANSFER OF FUNDS) (C) is not, as of the date of the certifi- (2) Whenever the Secretary makes a deter- SEC. 8107. In addition to amounts provided cation, facing a threat that is likely to sub- mination under paragraph (1), the Secretary elsewhere in the Act, there is appropriated stantially affect its ability to exercise con- shall submit to the appropriate committees $270,000,000 for an additional amount for ‘‘Op- trol over the individual; of Congress, not later than 30 days before the eration and Maintenance, Defense-Wide’’, to (D) has taken or agreed to take effective transfer of the individual concerned, the fol- be available until expended: Provided, That actions to ensure that the individual cannot lowing: such funds shall only be available to the Sec- take action to threaten the United States, (A) A copy of the determination and the retary of Defense, acting through the Office its citizens, or its allies in the future; waiver concerned. of Economic Adjustment of the Department (E) has taken or agreed to take such ac- (B) A statement of the basis for the deter- of Defense, or for transfer to the Secretary of tions as the Secretary of Defense determines mination, including— Education, notwithstanding any other provi- are necessary to ensure that the individual (i) an explanation why the transfer is in sion of law, to make grants, conclude cooper- cannot engage or reengage in any terrorist the national security interests of the United ative agreements, or supplement other Fed- activity; and States; and

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(ii) in the case of a waiver of subparagraph SEC. 8112. None of the funds made available ject to a foreign country or an entity con- (D) or (E) of subsection (b)(1), an explanation by this Act may be used to enter into a con- trolled by a foreign government, or other- why it is not possible to certify that the tract, memorandum of understanding, or co- wise transfer or convey such an object to any risks addressed in the subparagraph to be operative agreement with, make a grant to, person or entity for purposes of the ultimate waived have been completely eliminated. or provide a loan or loan guarantee to, any transfer or conveyance of the object to a for- (C) A summary of the alternative actions corporation that was convicted of a felony eign country or entity controlled by a for- to be taken to address the underlying pur- criminal violation under any Federal law eign government, unless such transfer is spe- pose of, and to mitigate the risks addressed within the preceding 24 months, where the cifically authorized by law. in, the subparagraph or subsection to be awarding agency is aware of the conviction, SEC. 8121. (a) Except as provided in sub- waived. unless the agency has considered suspension section (b), none of the funds made available (D) The assessment required by subsection or debarment of the corporation and made a in this Act may be used to sponsor profes- (b)(2). determination that this further action is not sional or semi-professional motorsports, (e) In this section: necessary to protect the interests of the fishing, mixed martial arts, wrestling, or (1) The term ‘‘appropriate committees of Government. other sporting events or competitors. Congress’’ means— SEC. 8113. None of the funds made available (b) The prohibition in subsection (a) shall (A) the Committee on Armed Services, the by this Act may be used in contravention of not apply in the case of sponsorship of ama- Committee on Appropriations, and the Se- section 1590 or 1591 of title 18, United States teur or high school sporting events or com- lect Committee on Intelligence of the Sen- Code, or in contravention of the require- petitors. ate; and ments of section 106(g) or (h) of the Traf- POINT OF ORDER (B) the Committee on Armed Services, the ficking Victims Protection Act of 2000 (22 Mr. PALAZZO. Mr. Chair, I raise a Committee on Appropriations, and the Per- U.S.C. 7104(g) or (h)). point of order against section 8121 of manent Select Committee on Intelligence of SEC. 8114. None of the funds made available the House of Representatives. by this Act for International Military edu- the bill. (2) The term ‘‘individual detained at Guan- cation and training, foreign military financ- The Acting CHAIR. The gentleman tanamo’’ means any individual located at ing, excess defense article, assistance under will state his point of order. United States Naval Station, Guantanamo section 1206 of the National Defense Author- Mr. PALAZZO. Section 8121 con- Bay, Cuba, as of October 1, 2009, who— ization Act for Fiscal year 2006 (Public Law stitutes legislation because it requires (A) is not a citizen of the United States or 109–163; 119 Stat. 3456) issuance for direct that the Secretary determine what a member of the Armed Forces of the United commercial sales of military equipment, or qualifies as ‘‘semiprofessional,’’ ‘‘a States; and peacekeeping operations for the countries of sporting event,’’ and ‘‘mixed martial (B) is— Chad, Yemen, Somalia, Sudan, the Demo- arts.’’ cratic Republic of the Congo, and Burma (i) in the custody or under the control of These are not terms that current law the Department of Defense; or may be used to support any military train- (ii) otherwise under detention at United ing or operation that include child soldiers, requires that the Secretary know, States Naval Station, Guantanamo Bay, as defined by the Child Soldiers Prevention thus, imposing these determinations (3) The term ‘‘foreign terrorist organiza- Act of 2008, and except if such assistance is upon the Secretary violates clause 2 of tion’’ means any organization so designated otherwise permitted under section 404 of the rule XXI. by the Secretary of State under section 219 Child Soldiers Prevention Act of 2008 (Public I ask for a ruling from the Chair. of the Immigration and Nationality Act (8 Law 110–457; 22 U.S.C. 2370c-1). The Acting CHAIR. Does any other U.S.C. 1189). SEC. 8115. None of the funds made available Member wish to be heard on the point SEC. 8110. (a) None of the funds appro- by this Act may be used in contravention of of order? the War Powers Resolution (50 U.S.C. 1541 et priated or otherwise made available in this Seeing none, the Chair is prepared to or any other Act may be used to construct, seq.). acquire, or modify any facility in the United SEC. 8116. None of the funds made available rule. States, its territories, or possessions to by this Act may be used to retire, divest, re- The gentleman from Mississippi house any individual described in subsection align, or transfer Air Force aircraft, to dises- makes a point of order that section (c) for the purposes of detention or imprison- tablish or convert units associated with such 8121 proposes to change existing law in ment in the custody or under the effective aircraft, or to disestablish or convert any violation of clause 2(b) of rule XXI. control of the Department of Defense. other unit of the Air National Guard or Air Section 8121 is in the form of a limita- (b) The prohibition in subsection (a) shall Force Reserve. tion on funds in the bill. SEC. 8117. The Secretary of the Air Force not apply to any modification of facilities at As recorded in Deschler’s Precedents, United States Naval Station, Guantanamo shall obligate and expend funds previously Bay, Cuba. appropriated for the procurement of RQ–4B volume 8, chapter 26, section 52, even (c) An individual described in this sub- Global Hawk and C–27J Spartan aircraft for though a limitation might refrain from section is any individual who, as of June 24, the purposes for which such funds were origi- explicitly assigning new duties to offi- 2009, is located at United States Naval Sta- nally appropriated. cers of the government, if it implicitly tion, Guantanamo Bay, Cuba, and who— SEC. 8118. None of the funds made available requires them to make investigations, (1) is not a citizen of the United States or by this Act shall be used to retire C–23 Sher- judgments, or determinations not oth- a member of the Armed Forces of the United pa aircraft. erwise required of them by law, then it SEC. 8119. The total amount available in States; and assumes the character of legislation (2) is— the Act for pay for civilian personnel of the (A) in the custody or under the effective Department of Defense for fiscal year 2013 and is subject to a point of order under control of the Department of Defense; or shall be the amount otherwise appropriated clause 2(b) of rule XXI. (B) otherwise under detention at United or made available by this Act for such pay The fact that a limitation may im- States Naval Station, Guantanamo Bay, reduced by $258,524,000. pose certain incidental burdens on ex- Cuba. Mr. YOUNG of Florida (during the ecutive officials does not destroy the SEC. 8111. None of the funds made available reading). Mr. Chairman, I ask unani- character of the limitation as long as by this Act may be used to enter into a con- mous consent that the remainder of it is descriptive of functions and find- tract, memorandum of understanding, or co- the bill through page 120, line 12, be ings already required to be undertaken operative agreement with, make a grant to, by existing law. The proponent of a or provide a loan or loan guarantee to, any considered as read, printed in the corporation that any unpaid Federal tax li- RECORD, and open to amendment at limitation assumes the burden of es- ability that has been assessed, for which all any point. tablishing that any duties or deter- judicial and administrative remedies have The Acting CHAIR. Is there objection minations imposed by the provision are been exhausted or have lapsed, and that is to the request of the gentleman from merely ministerial or are already re- not being paid in a timely manner pursuant Florida? quired by law. As noted in Deschler’s to an agreement with the authority respon- There was no objection. Precedents, volume 8, chapter 26, sec- sible for collecting the tax liability, where The Acting CHAIR. The Clerk will tion 61.12, the question is not whether the awarding agency is aware of the unpaid an official routinely makes such deter- tax liability, unless the agency has consid- read. ered suspension or debarment of the corpora- The Clerk read as follows: minations but, rather, whether such tion and made a determination that this fur- SEC. 8120. None of the funds appropriated, determinations are required by law. ther action is not necessary to protect the or otherwise made available in this Act may The Chair finds that the limitation interests of the Government. be used to transfer a veterans memorial ob- in section 8121 does more than merely

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Mr. Chairman, under This reprogramming of funds would not af- as ‘‘semi-professional,’’ as ‘‘mixed mar- title IX of this bill there is $412 million fect Afghan base pay or the payments these tial arts,’’ or as ‘‘sporting events.’’ The labeled ‘‘incentive pay’’ for Afghan sol- individuals receive for food and other sub- proponent of this language has not diers. Also under title IX, there is $13 sistence needs. Additionally, the ability of proven that these are matters with million labeled ‘‘incentive pay’’ for the Afghan Security Forces to recruit and which the Secretary is charged under American soldiers. This is a problem train would not be hindered. Your amend- existing law. for our military. ment is limited to incentive pay funds—a The Chair finds the proceedings of My amendment, which is supported fund that DoD has not fully obligated funds from in at least two fiscal years. August 20, 1980, pertinent. On that day, by the Veterans of Foreign Wars, is This is a prudent measure that wisely bal- a limitation on funds in an appropria- very simple. At all does it move some ances our fiscal challenges, objectives on the tion bill to dispose of ‘‘agricultural’’ incentive pay from Afghan soldiers to ground, and the absolute responsibly we all land was held to impose new duties in American soldiers. share to honor the sacrifices of those who violation of clause 2 of rule XXI be- Last month the Department of De- choose to wear the uniform. Thank you for cause the determination whether lands fense published their review of military taking the lead on this effort, and for your were ‘‘agricultural’’ was not required compensation, a report required by law continued support of our armed forces and by law. every 4 years. The report concluded veterans. Sincerely, On these premises, the Chair con- that our system of combat pay is bro- RAYMOND C. KELLEY, cludes that the section proposes to ken. I quote: ‘‘There is little correla- Director, change existing law. Accordingly, the tion between exposure to danger and VFW National Legislative Service. point of order is sustained, and the sec- compensation pay.’’ Mr. YOUNG of Florida. Mr. Chair- tion is stricken from the bill. A recent article on the report by the man, I move to strike the last word. Mr. DICKS. Mr. Chairman, I ask Marine Corps Times outlined how a The Acting CHAIR. The gentleman is unanimous consent to be permitted to Navy captain assigned to Bahrain re- recognized for 5 minutes. request a recorded vote on the amend- ceived more than $1,000 a month while Mr. YOUNG of Florida. I do not ob- ment offered by the gentleman from a Marine lance corporal patrolling the ject to what the gentleman is trying to Michigan (Mr. AMASH). streets of Helmand province received do. Although, I have to be very honest The Acting CHAIR. Is there objection much less in combat pay. That’s not in that his amendment does not accom- to the request of the gentleman from right. plish what he thinks it will accom- Washington? b 1850 plish. We are okay to transfer the Seeing none, pursuant to clause 6 of money, so we are not going to object to rule XVIII, further proceedings on the If you look in this bill and compare the amendment. amendment offered by the gentleman the $412 million for the Afghans The fact is that this is controlled by from Michigan will be postponed. against the $13 million for our troops, law, not by appropriations. This is con- The Clerk will read. the inequity is clear. My amendment trolled by the National Defense Au- The Clerk read as follows: simply moves the incentive pay for the thorization Act, not by the appropria- TITLE IX Afghan soldiers to the American sol- tions bill. So, while I understand what OVERSEAS DEPLOYMENTS AND OTHER diers. This money should go to the jun- the gentleman wants to do and while I ACTIVITIES ior enlisted servicemembers facing the agree with what he wants to do, this MILITARY PERSONNEL most risk in Afghanistan. won’t do it, but I am not going to ob- MILITARY PERSONNEL, ARMY My amendment does not touch Af- ject to it. For an additional amount for ‘‘Military ghan base pay. That $450 million is still I yield back the balance of my time. Personnel, Army’’, $9,165,082,000: Provided, in the bill. It does not touch their pay Mr. MCGOVERN. Mr. Chair, I rise in strong That such amount is designated by the Con- for food and subsistence. That $71 mil- support of the Jones amendment. gress for Overseas Contingency Operations/ lion is still there. It doesn’t touch their I appreciate the efforts of the Chairman and Global War on Terrorism pursuant to section recruiting money either. The $4 million Ranking Member of the Defense Appropria- 251(b)(2)(A)(ii) of the Balanced Budget and is still there. It doesn’t even touch the Emergency Deficit Control Act of 1985. tions Subcommittee to provide the Administra- money we spent to host ‘‘welcome tion with funds for the Afghan military and po- AMENDMENT OFFERED BY MR. JONES home’’ concerts for the Afghan army Mr. JONES. Mr. Chairman, I have an lice who are being trained to take over secu- when they returned from deployment. rity from our troops, but $412 million for addi- amendment at the desk. That money comes out of the Informa- The Acting CHAIR. The Clerk will re- tional incentive pay is simply crazy. tion Operations fund. For the past two fiscal years, funds for this port the amendment. If anyone says that this amendment The Clerk read as follows: same account remain unobligated. Not unex- will hurt America’s effort to fund the pended, Mr. Chair—unobligated. Page 121, line 12, after the dollar amount, Afghan army, which we hope will take We need to move that unobligated funding insert ‘‘(increased by $98,697,000)’’. Page 121, line 19, after the dollar amount, over its responsibility in just a few stream along, and then determine how much insert ‘‘(increased by $9,373,000)’’. years, I invite you to look at the num- more is needed in incentives for these Afghan Page 122, line 3, after the dollar amount, bers in this fund. The Afghan security forces. But right now we need to stop putting insert ‘‘(increased by $17,482,000)’’. forces are well funded. the money out there before anyone knows Page 122, line 10, after the dollar amount, Mr. Chairman, I hope that this what they’re doing with it. This is nearly half insert ‘‘(increased by $13,857,000)’’. amendment will be accepted, and I a billion dollars. And it’s going to waste. Page 122, line 17, after the dollar amount, yield back the balance of my time. The bottom line here is this amendment insert ‘‘(increased by $1,690,000)’’. Page 122, line 24, after the dollar amount, VETERANS OF FOREIGN WARS would not touch the base pay for Afghan mili- insert ‘‘(increased by $424,000)’’. OF THE UNITED STATES, tary and police. It would not touch funds to Page 123, line 6, after the dollar amount, July 18, 2012. provide food and other basic needs for these insert ‘‘(increased by $266,000)’’. Hon. WALTER B. JONES, Afghan troops. It would not touch the funds for Page 123, line 13, after the dollar amount, House of Representatives, Rayburn House Office recruitment and training. insert ‘‘(increased by $273,000)’’. Building, Washington, DC. Instead, under the Jones amendment, funds DEAR CONGRESSMAN JONES: On behalf of the Page 123, line 20, after the dollar amount, targeted for Afghan incentive pay would be insert ‘‘(increased by $6,287,000)’’. 2 million members of the Veterans of For- Page 124, line 3, after the dollar amount, eign Wars of the United States (VFW) and transferred within the OCO account to aug- insert ‘‘(increased by $113,000)’’. our Auxiliaries, I am pleased to offer our ment the combat pay of our junior enlisted Page 132, line 23, after the dollar amount, support for your amendment to the National servicemen and women who carry out daily insert ‘‘(reduced by $412,287,000)’’. Defense Authorization Act to eliminate $412 patrols.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0688 Sfmt 9920 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11638 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 I strongly urge my colleagues to support the NATIONAL GUARD PERSONNEL, AIR FORCE curing supplies and specialized equipment Jones amendment. For an additional amount for ‘‘National and providing such supplies and loaning such It’s good policy. It’s a good use of funds. Guard Personnel, Air Force’’, $10,473,000: Pro- equipment on a non-reimbursable basis to And it’s only fair. vided, That such amount is designated by the coalition forces supporting United States The Acting CHAIR. The question is Congress for Overseas Contingency Oper- military operations in Afghanistan, and 15 ations/Global War on Terrorism pursuant to days following notification to the appro- on the amendment offered by the gen- priate congressional committees: Provided tleman from North Carolina (Mr. section 251(b)(2)(A)(ii) of the Balanced Budg- et and Emergency Deficit Control Act of further, That the Secretary of Defense shall JONES). 1985. provide quarterly reports to the congres- The amendment was agreed to. sional defense committees on the use of The Acting CHAIR. The Clerk will OPERATION AND MAINTENANCE funds provided in this paragraph: Provided read. OPERATION AND MAINTENANCE, ARMY further, That such amount is designated by The Clerk read as follows: For an additional amount for ‘‘Operation the Congress for Overseas Contingency Oper- and Maintenance, Army’’, $26,682,437,000: Pro- ations/Global War on Terrorism pursuant to MILITARY PERSONNEL, NAVY vided, That such amount is designated by the section 251(b)(2)(A)(ii) of the Balanced Budg- For an additional amount for ‘‘Military Congress for Overseas Contingency Oper- et and Emergency Deficit Control Act of Personnel, Navy’’, $870,425,000: Provided, That ations/Global War on Terrorism pursuant to 1985. such amount is designated by the Congress section 251(b)(2)(A)(ii) of the Balanced Budg- AMENDMENT NO. 3 OFFERED BY MR. POE OF for Overseas Contingency Operations/Global et and Emergency Deficit Control Act of TEXAS War on Terrorism pursuant to section 1985. Mr. POE of Texas. I have an amend- 251(b)(2)(A)(ii) of the Balanced Budget and OPERATION AND MAINTENANCE, NAVY Emergency Deficit Control Act of 1985. ment at the desk. (INCLUDING TRANSFER OF FUNDS) The Acting CHAIR. The Clerk will MILITARY PERSONNEL, MARINE CORPS designate the amendment. For an additional amount for ‘‘Military For an additional amount for ‘‘Operation and Maintenance, Navy’’, $5,880,395,000, of The text of the amendment is as fol- Personnel, Marine Corps’’, $1,623,356,000: Pro- lows: vided, That such amount is designated by the which up to $254,461,000 may be transferred to Congress for Overseas Contingency Oper- the Coast Guard ‘‘Operating Expenses’’ ac- Page 125, lines 17 and 19, after each dollar ations/Global War on Terrorism pursuant to count: Provided, That such amount is des- amount, insert ‘‘(reduced by $1,300,000,000)’’. Page 153, line 15, after the dollar amount, section 251(b)(2)(A)(ii) of the Balanced Budg- ignated by the Congress for Overseas Contin- insert ‘‘(increased by $1,300,000,000)’’. et and Emergency Deficit Control Act of gency Operations/Global War on Terrorism 1985. pursuant to section 251(b)(2)(A)(ii) of the Bal- The Acting CHAIR. The gentleman anced Budget and Emergency Deficit Control MILITARY PERSONNEL, AIR FORCE from Texas is recognized for 5 minutes. Act of 1985. For an additional amount for ‘‘Military Mr. POE of Texas. As stated in the OPERATION AND MAINTENANCE, MARINE CORPS Personnel, Air Force’’, $1,286,783,000: Pro- report language of the bill, my amend- vided, That such amount is designated by the For an additional amount for ‘‘Operation ment cuts $1.3 billion that is going spe- Congress for Overseas Contingency Oper- and Maintenance, Marine Corps’’, cifically to Pakistan. ations/Global War on Terrorism pursuant to $4,566,340,000: Provided, That such amount is Pakistan seems to be the Benedict section 251(b)(2)(A)(ii) of the Balanced Budg- designated by the Congress for Overseas Con- Arnold nation in the list of countries tingency Operations/Global War on Ter- et and Emergency Deficit Control Act of that we call allies. They have proven to 1985. rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit be deceptive and deceitful and a danger RESERVE PERSONNEL, ARMY Control Act of 1985. to the United States. Here is some of For an additional amount for ‘‘Reserve OPERATION AND MAINTENANCE, AIR FORCE the evidence: Personnel, Army’’, $156,893,000: Provided, For the last 7 months, Pakistan For an additional amount for ‘‘Operation That such amount is designated by the Con- closed down the southern supply route. gress for Overseas Contingency Operations/ and Maintenance, Air Force’’, $9,136,236,000: Global War on Terrorism pursuant to section Provided, That such amount is designated by The route transported about 40 percent 251(b)(2)(A)(ii) of the Balanced Budget and the Congress for Overseas Contingency Oper- of all NATO supplies into the country Emergency Deficit Control Act of 1985. ations/Global War on Terrorism pursuant to and to Afghanistan; RESERVE PERSONNEL, NAVY section 251(b)(2)(A)(ii) of the Balanced Budg- Pakistan still refuses to go after the For an additional amount for ‘‘Reserve et and Emergency Deficit Control Act of terrorist sanctuaries in the tribal areas Personnel, Navy’’, $39,335,000: Provided, That 1985. of Pakistan. Terrorist groups like the such amount is designated by the Congress OPERATION AND MAINTENANCE, DEFENSE-WIDE LET, the Pakistani Taliban, and al for Overseas Contingency Operations/Global For an additional amount for ‘‘Operation Qaeda frequently cross over into Af- War on Terrorism pursuant to section and Maintenance, Defense-Wide’’, ghanistan, kill our troops and then run 251(b)(2)(A)(ii) of the Balanced Budget and $7,790,579,000: Provided, That of the funds pro- back into Pakistan and hide where our Emergency Deficit Control Act of 1985. vided under this heading, not to exceed troops cannot follow them; RESERVE PERSONNEL, MARINE CORPS $1,750,000,000, to remain available until Sep- On May 23, 2012, Pakistan sentenced tember 30, 2014, shall be for payments to re- For an additional amount for ‘‘Reserve the doctor who helped us get Osama Personnel, Marine Corps’’, $24,722,000: Pro- imburse key cooperating nations for logistical, military, and other support, in- bin Laden to 33 years in prison. I vided, That such amount is designated by the thought getting the world’s No. 1 ter- Congress for Overseas Contingency Oper- cluding access, provided to United States ations/Global War on Terrorism pursuant to military operations in support of Operation rorist—the terrorist who killed thou- section 251(b)(2)(A)(ii) of the Balanced Budg- Enduring Freedom, notwithstanding any sands of Americans—was a good thing, et and Emergency Deficit Control Act of other provision of law: Provided further, That but apparently, Pakistan prosecuted 1985. such reimbursement payments may be made him; in such amounts as the Secretary of Defense, RESERVE PERSONNEL, AIR FORCE In February 2012, a NATO report con- with the concurrence of the Secretary of firmed our suspicions: the ISI is aiding For an additional amount for ‘‘Reserve State, and in consultation with the Director Personnel, Air Force’’, $25,348,000: Provided, of the Office of Management and Budget, the Taliban and other extremist groups That such amount is designated by the Con- may determine, in his discretion, based on in Afghanistan and Pakistan by pro- gress for Overseas Contingency Operations/ documentation determined by the Secretary viding resources, sanctuary, and train- Global War on Terrorism pursuant to section of Defense to adequately account for the sup- ing; 251(b)(2)(A)(ii) of the Balanced Budget and port provided, and such determination is In June 2011, Pakistan tipped off ter- Emergency Deficit Control Act of 1985. final and conclusive upon the accounting of- rorists making IEDs—not once, but NATIONAL GUARD PERSONNEL, ARMY ficers of the United States, and 15 days fol- twice—after we told them where the For an additional amount for ‘‘National lowing notification to the appropriate con- bomb-making factories were and asked Guard Personnel, Army’’, $583,804,000: Pro- gressional committees: Provided further, Pakistan to go after them; vided, That such amount is designated by the That the requirement under this heading to In 2011, Pakistan tried to cheat the Congress for Overseas Contingency Oper- provide notification shall not apply with re- ations/Global War on Terrorism pursuant to spect to a reimbursement for access based on United States by filling out bogus re- section 251(b)(2)(A)(ii) of the Balanced Budg- an international agreement: Provided further, imbursement claims for allegedly et and Emergency Deficit Control Act of That these funds may be used for the purpose going after militants when they 1985. of providing specialized training and pro- weren’t doing that at all.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11639 There is more. Mr. YOUNG of Florida. Mr. Chair- do that, which I would be very happy to On September 22, 2011, Admiral Mike man, I move to strike the last word. do because what you want to do is what Mullen, Chairman of the Joint Chiefs The Acting CHAIR. (Mr. WOODALL) I want to do. of Staff, testified before the Senate The gentleman is recognized for 5 min- Mr. Chairman, let me inquire as to Armed Services Committee: ‘‘With ISI utes. where we are in this bill so we can have support, Haqqani operatives planned Mr. YOUNG of Florida. Mr. Chair- an opportunity to amend this amend- and conducted that truck bomb attack man, I agree with everything that Mr. ment and still not get beyond the point as well as the assault on our Embassy.’’ POE said. You cannot have an ally who of reading. The truck bombing he mentions here is an ally today but not an ally tomor- The Acting CHAIR. The reading has wounded more than 70 U.S. and NATO row, and that has been our experience progressed to page 127, line 2. allies and troops. Admiral Mullen went with Pakistan. The Defense Depart- Mr. YOUNG of Florida. Would the on to say: ‘‘The Haqqani Network acts ment will tell you that it is very com- gentleman be willing to do just that, as a veritable arm of Pakistan’s Inter- plicated because they do enjoy a nu- withdraw your amendment now, and Services Intelligence Agency.’’ clear capability that could be dan- let us take a few minutes and guar- What more do we need to hear? Paki- gerous if it got into the wrong hands. antee that these coalition partners are stan doesn’t deserve American money. I would ask Mr. POE a question and not included? By the end of fiscal year 2011, Pakistan would yield to him for an answer: Mr. POE of Texas. Yes, I would cer- had had a total of $21.5 billion of Amer- Your amendment is not limited to tainly be willing to do that. ican money since FY 2002. Mr. Chair- Pakistan. Your amendment would cut I will withdraw my amendment. man, I ask: Has America received its across the board and reduce money for Mr. YOUNG of Florida. I thank the money’s worth? The answer is no. the Kurdish Republic, Jordan, which is gentleman very much. This is an im- I want to address a couple of argu- one of our most important partners portant issue. ments I’ve heard from the other side: and coalitions in the region; funding The Acting CHAIR. Without objec- First, some say that the money in for the northern distribution networks; tion, the amendment is withdrawn. this bill for Pakistan is only to reim- and numerous other coalition partners There was no objection. burse them for going after terrorists. who are helping in the fight against The Acting CHAIR. The Clerk will They say we shouldn’t take away that terrorism. read. carrot. But, since 2002, Congress has al- b 1900 The Clerk read as follows: ready appropriated over $8 billion to I wonder if we could talk you into OPERATION AND MAINTENANCE, ARMY RESERVE the Coalition Support Fund specifi- amending your amendment or rewrit- cally for Pakistan. Where I come from, ing your amendment to make it spe- For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, if you try something and it doesn’t cifically to Pakistan. And let me say work, you don’t continue to do it. $152,387,000: Provided, That such amount is this to you before you answer, and then designated by the Congress for Overseas Con- We’ve been doing the same thing for I will yield to you. over 10 years. It’s time for a new strat- tingency Operations/Global War on Ter- In this bill, the money for Pakistan rorism pursuant to section 251(b)(2)(A)(ii) of egy with Pakistan. More money is not cannot be spent. We have fenced this the Balanced Budget and Emergency Deficit going to solve the problem. money—all of it—until the Secretary Control act of 1985. Second, they say Pakistan just re- of Defense, with the concurrence of the AMENDMENT OFFERED BY MR. ALTMIRE opened the southern supply route. Secretary of State, certifies to Con- Mr. ALTMIRE. Mr. Chairman, I have Pakistan closed the southern supply gress that the government of Pakistan an amendment at the desk. route from November 2011 to this is doing this: cooperating with the The Acting CHAIR. The Clerk will re- month. Pakistan was a bad ally before United States in counterterrorism ef- port the amendment. it closed the supply route. The fact forts, including taking steps to end The Clerk read as follows: that they messed us around and closed support for terrorist groups and pre- Page 127, line 5, after the dollar amount in- it for 7 months only adds to the long venting them from basing and oper- sert the following: ‘‘(increased by list of evidence that shows they are no ating in Pakistan and carrying out $5,500,000)’’. friend of ours. It also shows that we cross-border attacks; Pakistan is not Page 128, line 11, after the dollar amount don’t need them to win the war in Af- supporting terrorist activities against insert the following: ‘‘(increased by ghanistan. We were able to pursue our the United States or coalition forces in $10,000,000)’’. mission in Afghanistan without them. Page 129, line 4, after the dollar amount in- Afghanistan; Pakistan is not disman- sert the following: ‘‘(reduced by $18,500,000)’’. What really endangers our troops is tling IED networks and is interdicting The Acting CHAIR. The gentleman not access to the southern supply precursor chemicals used in making from Pennsylvania is recognized for 5 route, but the failure to get access to IEDs; preventing the proliferation of minutes. Pakistan’s tribal areas where Pakistan nuclear-related materials. gives terrorists a safe haven. There are four or five more, and I Mr. ALTMIRE. Mr. Chairman, I rise Pakistan is playing America. The won’t take the time. I want to do what to offer an amendment that will re- only thing Pakistan’s military rulers you want to do, but I don’t want to store $15.5 million that was cut from understand is dollars, and as long as we have an adverse effect on our coalition the Yellow Ribbon program under this keep the money flowing, they have no partners that we rely on so much. bill. incentive to change their evil ways. I yield to the gentleman from Texas. While I understand the tough budget Our message should be this: Pakistan Mr. POE of Texas. I thank the gen- constraints we face, I think we can all has a raging insurgency in their coun- tleman for yielding. agree that programs that provide es- try with al Qaeda, the Pakistan My understanding is, in the report sential services to the brave men and Taliban, and the Haqqani Network. language, to specify a certain country women who risk their lives to serve our Pakistan can either receive assistance would not be ruled in order; therefore, country should not be on the chopping and go after these terrorists with us or I used the $1.3 billion with the floor block. Simply put, no one should stand don’t take any of our money, and we statement that applies only to Paki- ahead of our Nation’s veterans and our will find our own way to take these stan and none of our coalition coun- men and women in uniform when it terrorists out. tries that you have mentioned. comes time to making Federal funding I urge all of my colleagues to join me I am open to an amendment that decisions. in telling Pakistan they will no longer would be ruled in order, and I would be Congress established the Yellow Rib- get American money. We don’t need to glad to work with the chairman on bon program in 2008 to provide tailored pay Pakistan to betray us. They will that amendment. support to meet the unique needs of do it for free. Mr. YOUNG of Florida. We would the National Guard and Reserve com- I yield back the balance of my time. probably have to take a few minutes to bat veterans and their families before,

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11640 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 during, and after their deployments. $25,477,000: Provided, That such amount is AFGHANISTAN INFRASTRUCTURE FUND The services it provides includes sui- designated by the Congress for Overseas Con- (INCLUDING TRANSFER OF FUNDS) cide prevention, career counseling, ac- tingency Operations/Global War on Ter- For the ‘‘Afghanistan Infrastructure cess to health care, veteran, and edu- rorism pursuant to section 251(b)(2)(A)(ii) of Fund’’, $375,000,000, to remain available until the Balanced Budget and Emergency Deficit September 30, 2014: Provided, That such funds cation benefits. Last year alone, the Control Act of 1985. Yellow Ribbon program held over 2,100 shall be available to the Secretary of De- OPERATION AND MAINTENANCE, AIR FORCE events across the country, reaching fense for infrastructure projects in Afghani- RESERVE stan, notwithstanding any other provision of over 300,000 servicemen and -women For an additional amount for ‘‘Operation law, which shall be undertaken by the Sec- and their families. and Maintenance, Air Force Reserve’’, retary of State, unless the Secretary of As the number of returning National $120,618,000: Provided, That such amount is State and the Secretary of Defense jointly Guard and Reserve combat veterans in- designated by the Congress for Overseas Con- decide that a specific project will be under- creases, the need for these services in- tingency Operations/Global War on Ter- taken by the Department of Defense: Pro- creases along with it. My amendment rorism pursuant to section 251(b)(2)(A)(ii) of vided further, That the infrastructure re- will help to ensure the Yellow Ribbon the Balanced Budget and Emergency Deficit ferred to in the preceding proviso is in sup- program is there to meet the increas- Control Act of 1985. port of the counterinsurgency strategy, which may require funding for facility and ing need. My amendment simply re- OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD infrastructure projects, including, but not stores funding for the Yellow Ribbon limited to, water, power, and transportation For an additional amount for ‘‘Operation program to its level from the previous projects and related maintenance and and Maintenance, Army National Guard’’, year, fiscal year 2012, paid for by trans- sustainment costs: Provided further, That the $382,448,000: Provided, That such amount is authority to undertake such infrastructure ferring funds from the overseas contin- designated by the Congress for Overseas Con- projects is in addition to any other authority gency operations transfer account. The tingency Operations/Global War on Ter- to provide assistance to foreign nations: Pro- $15.5 million returned to the Yellow rorism pursuant to section 251(b)(2)(A)(ii) of vided further, That any projects funded under Ribbon program represents only one the Balanced Budget and Emergency Deficit this heading shall be jointly formulated and Control Act of 1985. half of 1 percent of this account. While concurred in by the Secretary of State and I recognize its importance, I think a OPERATION AND MAINTENANCE, AIR NATIONAL Secretary of Defense: Provided further, That small part of the funding can and GUARD funds may be transferred to the Department should be used to help our National For an additional amount for ‘‘Operation of State for purposes of undertaking Guard and Reserve veterans and their and Maintenance, Air National Guard’’, projects, which funds shall be considered to families navigate through the chal- $34,500,000: Provided, That such amount is be economic assistance under the Foreign lenges associated with their deploy- designated by the Congress for Overseas Con- Assistance Act of 1961 for purposes of making tingency Operations/Global War on Ter- ment. available the administrative authorities con- rorism pursuant to section 251(b)(2)(A)(ii) of tained in that Act: Provided further, That the I urge my colleagues to support my the Balanced Budget and Emergency Deficit transfer authority in the preceding proviso is amendment, and I yield back the bal- Control Act of 1985. in addition to any other authority available ance of my time. OVERSEAS CONTINGENCY OPERATIONS to the Department of Defense to transfer Mr. YOUNG of Florida. Mr. Chair- TRANSFER FUND funds: Provided further, That any unexpended funds transferred to the Secretary of State man, I rise in support of the amend- (INCLUDING TRANSFER OF FUNDS) ment. under this authority shall be returned to the In addition to amounts provided elsewhere Afghanistan Infrastructure Fund if the Sec- The Acting CHAIR. The gentleman is in this Act, there is appropriated recognized for 5 minutes. retary of State, in coordination with the $3,250,000,000 for the ‘‘Overseas Contingency Secretary of Defense, determines that the Mr. YOUNG of Florida. The Yellow Operations Transfer Fund’’ for expenses di- project cannot be implemented for any rea- Ribbon program is a very great pro- rectly relating to overseas contingency oper- son, or that the project no longer supports gram, and the gentleman has made the ations by United States military forces, to the counterinsurgency strategy in Afghani- case very powerfully. I am in support be available until expended: Provided, That stan: Provided further, That any funds re- of what he is trying to do. I support the of the funds made available in this section, turned to the Secretary of Defense under the the Secretary of Defense may transfer these amendment. previous proviso shall be available for use funds only to military personnel accounts, under this appropriation and shall be treated Mr. DICKS. Will the gentleman operation and maintenance accounts, pro- yield? in the same manner as funds not transferred curement accounts, and working capital fund to the Secretary of State: Provided further, Mr. YOUNG of Florida. I yield to the accounts: Provided further, That the funds That contributions of funds for the purposes gentleman from Washington. made available in this paragraph may only provided herein to the Secretary of State in Mr. DICKS. I want to commend the be used for programs, projects, or activities accordance with section 635(d) of the Foreign gentleman for his amendment, and we categorized as Overseas Contingency Oper- Assistance Act from any person, foreign gov- gladly support it. ations in the fiscal year 2013 budget request ernment, or international organization may for the Department of Defense and the jus- Mr. YOUNG of Florida. With that, I be credited to this Fund, to remain available tification material and other documentation until expended, and used for such purposes: yield back the balance of my time. supporting such request: Provided further, The Acting CHAIR. The question is Provided further, That the Secretary of De- That the funds transferred shall be merged fense shall, not fewer than 15 days prior to on the amendment offered by the gen- with and shall be available for the same pur- making transfers to or from, or obligations tleman from Pennsylvania (Mr. ALT- poses and for the same time period, as the from the Fund, notify the appropriate com- MIRE). appropriation to which transferred: Provided mittees of Congress in writing of the details The amendment was agreed to. further, that the Secretary shall notify the of any such transfer: Provided further, That The Acting CHAIR. The Clerk will congressional defense committees 15 days the ‘‘appropriate committees of Congress’’ prior to such transfer: Provided further, That are the Committees on Armed Services, For- read. the transfer authority provided under this The Clerk read as follows: eign Relations and Appropriations of the heading is in addition to any other transfer Senate and the Committees on Armed Serv- OPERATION AND MAINTENANCE, NAVY RESERVE authority available to the Department of De- ices, Foreign Affairs and Appropriations of fense: Provided further, That upon a deter- For an additional amount for ‘‘Operation the House of Representatives: Provided fur- mination that all or part of the funds trans- and Maintenance, Navy Reserve’’, $55,924,000: ther, That such amount is designated by the ferred from this appropriation are not nec- Provided, That such amount is designated by Congress for Overseas Contingency Oper- essary for the purposes provided herein, such the Congress for Overseas Contingency Oper- ations/Global War on Terrorism pursuant to amounts may be transferred back to this ap- ations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budg- propriation and shall be available for the section 251(b)(2)(A)(ii) of the Balanced Budg- et and Emergency Deficit Control Act of same purposes and for the same time period et and Emergency Deficit Control Act of 1985. as originally appropriated: Provided further, 1985. AMENDMENT OFFERED BY MR. CICILLINE That such amount is designated by the Con- OPERATION AND MAINTENANCE, MARINE CORPS gress for Overseas Contingency Operations/ Mr. CICILLINE. Mr. Chairman, I RESERVE Global War on Terrorism pursuant to section have an amendment at the desk. For an additional amount for ‘‘Operation 251(b)(2)(A)(ii) of the Balanced Budget and The Acting CHAIR. The Clerk will re- and Maintenance, Marine Corps Reserve’’, Emergency Deficit Control Act of 1985. port the amendment.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11641 The Clerk read as follows: ability Office and others that have sponsible for fighting the fight, those Page 130, line 14, after the dollar amount, highlighted the challenges in account- responsible for leading our troops, this insert ‘‘(reduced by $375,000,000)’’. ing for how reconstruction funds are is what they tell us they need to get Page 153, line 15, after the dollar amount, spent and the overall impact that these our troops out of Afghanistan. I do ob- insert ‘‘(increased by $375,000,000)’’. are having on the society there. ject and oppose this amendment. The Acting CHAIR. The gentleman Yet according to a 2011 report by the I yield back the balance of my time. from Rhode Island is recognized for 5 American Society of Civil Engineers, The Acting CHAIR. The question is minutes. the cost of our crumbling infrastruc- on the amendment offered by the gen- Mr. CICILLINE. Mr. Chairman, I rise ture right here in America is real. By tleman from Rhode Island (Mr. today in opposition to the continued the year 2020, our Nation’s crumbling CICILLINE). appropriation of hundreds of millions surface transportation infrastructure The question was taken; and the Act- of dollars to the Afghanistan infra- is slated to cost the United States ing Chair announced that the noes ap- structure fund while our national in- economy more than 876,000 jobs and peared to have it. frastructure is crumbling here in suppress the country’s growth of gross Mr. CICILLINE. Mr. Chairman, I de- America. domestic product by $897 billion. mand a recorded vote. President Obama has laid out a broad These costs are only going to in- The Acting CHAIR. Pursuant to vision for completing our work in Af- crease more and more if we don’t take clause 6 of rule XVIII, further pro- ghanistan, turning security respon- the action to make the much-needed ceedings on the amendment offered by sibilities over to the Afghan people, and long-deferred investments in our the gentleman from Rhode Island will and bringing our troops home. Now is own transportation systems and our be postponed. the time to focus our resources here in own infrastructure. When we look at AMENDMENT OFFERED BY MR. COHEN the United States, on our own roads, the bigger picture, including water and Mr. COHEN. Mr. Chairman, I have an bridges, schools, and infrastructure. wastewater, energy, schools, ports and amendment at the desk. We have already spent billions of dol- more, the American Society of Civil The Acting CHAIR. The Clerk will re- lars toward rebuilding the infrastruc- Engineers estimated that over the next port the amendment. ture of Afghanistan. As we begin draw- 5 years we would need an investment of The Clerk read as follows: ing down combat operations in Afghan- $2.2 trillion just to bring our Nation’s Page 130, line 14, after the dollar amount, istan, it’s the responsibility of the Af- infrastructure to a condition they de- insert ‘‘(reduced by $175,000,000)’’. ghan people to build, operate, and scribe as ‘‘good.’’ Page 153, line 15, after the dollar amount, maintain their own civilian and mili- Every year that we wait to take insert ‘‘(increased by $175,000,000)’’. tary institutions, and their own infra- meaningful steps to do this, the cost to The Acting CHAIR. The gentleman structure. taxpayers and to our economy keeps from Tennessee is recognized for 5 min- My amendment, which I offer along growing and growing and growing. Over utes. with the gentleman from California the past 18 months, constituents have Mr. COHEN. I’m not going to repeat (Mr. HONDA), the gentlelady from Cali- expressed to me tremendous frustra- some of the arguments that were made fornia (Ms. LORETTA SANCHEZ), and the tion that we’re devoting so many of by my colleague from Rhode Island, gentleman from Vermont (Mr. WELCH), our resources and so much of our en- but I understand them. would strike the funding of the Afghan- ergy to rebuilding the infrastructure in There is, indeed, a large need for in- istan infrastructure fund and apply the Afghanistan. frastructure in our country. We’re fall- savings to the spending reduction ac- They ask why we are dedicating so ing far behind, and we’ve invested a lot count. much to nation-building halfway of money in Afghanistan that has been Established by Congress in the fiscal around the world when there are so wasted; a tremendous amount of year 2011 National Defense Authoriza- many families right here in our own money has been wasted. The most re- tion, in its first year, the Afghanistan country who are struggling to find cent report I saw said that we cannot infrastructure fund received an appro- work and make ends meet. even begin to approximate how much priation of $400 million. These funds We need to do nation-building right money has been stolen and wasted in have been dedicated to projects that here at home in America. This amend- Afghanistan. are jointly approved by the Depart- ment is a strong step in support of re- We’re not providing infrastructure ment of State and the Department of investing in our own economy and our for the people. We’re providing a ruling Defense, and the projects include power own infrastructure right here at home. class, a limited—we talk about the 2 generation and transmission, roads, I urge my colleagues to support this percent here—we’re talking about the and construction of other large infra- amendment, and I yield back the bal- one-tenth of 1 percent in Afghanistan, structure projects. ance of my time. if that, and giving them the oppor- Mr. YOUNG of Florida. Mr. Chair- tunity to put money in their pocket b 1910 man, I rise in opposition to the amend- that should be going to the people. According to the April 2012 report by ment. I ask the gentleman on the other side the Special Inspector General for Af- The Acting CHAIR. The gentleman is of the aisle who opposed the last ghanistan Reconstruction, from fiscal recognized for 5 minutes. amendment to consider this one, which year 2002 to the end of March, fiscal Mr. YOUNG of Florida. Mr. Chair- almost passed last year, same basic year 2012, the United States appro- man, this gets to be a very serious amendment. This takes 175 million out, priated approximately $89.4 billion for issue if we want to get our troops out leaves 200 million in the fund, but it relief and reconstruction in Afghani- of Afghanistan. At numerous hearings, says they have got to prioritize, pick stan. Approximately $800 million has General Allen, who commands in Af- their projects and pick what they do. been provided thus far for the Afghani- ghanistan, General Mattis, commander It doesn’t decimate the fund; it just stan Infrastructure Fund. of Central Command, this was their prioritizes and takes 175 million out of As the nonpartisan Congressional Re- recommendation. This is what they the Afghan infrastructure fund. We re- search Service indicates from 2012 to said they needed in order to get us and built Iraq. They’re partners with Iran 2010, the U.S. Agency for International get our troops out of Afghanistan, now. Didn’t do us a lot of good. Development allocated more than $2 which I think we all want to see hap- Most of us have been to Afghanistan billion towards road construction and pen as quickly as possible. Certainly I or, at least, better yet, many of us more than $1.2 billion towards electric can tell you that I do. have. We could do all the infrastruc- power in Afghanistan. While we’ve We did not fund it totally because ture in the world. It will go to waste. spent billions of dollars on infrastruc- some of the plans were not sufficiently They can’t even maintain it. ture in Afghanistan, we have also seen considered; but, generally, this is what They don’t have vehicles to use the reports from the Government Account- our commanders in the field, those re- roads. It’s crazy to build them roads to

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11642 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 go from point A to point B when they Afghanistan. Are we building, like, telligence, the ISI, takes huge sums of don’t have cars. They have got oxen runways to get all our troops out, money that they are getting from us and carts. roads to get them out? and then passing it on to terrorists and So I would say that we reduce it by Mr. YOUNG of Florida. Reclaiming radical Islamist elements who are kill- 175 million, we leave 200 million. Cer- my time, I want the troops out of Af- ing their neighbors and killing Amer- tainly I want our troops out. I went ghanistan as soon as our military com- ican military personnel. and visited with 124 soldiers, Guards- manders advise us and the President After our SEALs went to get Osama men in Memphis, who were going down that we can do so and we can do it safe- bin Laden, the Pakistan military took to Camp Shelby before they go to Af- ly. the wreckage of our downed stealth ghanistan. I went down to visit with I have seen on my weekly visits to helicopter and gave it for study to the them yesterday when they went off, all the Walter Reed/Bethesda Hospital, I Communist Chinese. Then they ar- police people. have seen the terrible, terrible tragic rested and imprisoned the Pakistani I suspect that one of those people cost of this war, and that doesn’t even doctor who risked his life to help us may not come back. I hated the idea talk about those who have lost their find bin Laden. Dr. Afridi still lan- that those people were leaving Mem- lives. guishes in a Pakistani dungeon even as phis to go to Afghanistan. It will be the I don’t want to walk through that we speak here today. Some of us under- last troops going over. hospital and see any more quadruple or stand that this Pakistani doctor—and I I want them out. If Mr. YOUNG under- triple amputees. I don’t want to see hope we should all understand this—is stands, I guess, there is some magic to that, and our military commanders an American hero. He risked his life to this money, there would be $200 million must make that decision. We are not in bring justice to the murderers of 3,000 left. If it’s roads to get them out and a position to make that decision of Americans who died on 9/11. It is a airports to get them out, fine. But I how, when, where do we accomplish shame that we even consider giving can’t believe they need all 375; and I this departure from Afghanistan with Pakistan billions of dollars of aid while have to submit that I think that a lot victory. they keep Dr. Afridi in a dungeon. Who of that money is for roads, infrastruc- b 1920 else will ever cooperate with us in the ture, hospitals, grids, whatever that future? Who’s going to work with our has nothing to do with our troops get- And so I still have to express my ob- military overseas, knowing that that’s ting out. It has something to do with jection to this amendment because it the way we treat people who commit some people who continue a policy that cuts the fund that our military com- heroic acts? We shouldn’t give the has failed to really build up goodwill manders tell us that they need—cuts it Pakistanis one penny until Dr. Afridi toward America or to see that the in half. And so I just have to oppose is free. monies go where they belong. the amendment. Just recently, I was contacted by a I ask that we think of America first, I yield back the balance of my time. distraught individual in Pakistan ask- we get our troops out, we leave $200 The Acting CHAIR. The question is ing for help in locating a missing million in the fund. I ask you to ap- on the amendment offered by the gen- Baloch leader. Sadly, this Baloch lead- prove this amendment and reduce the tleman from Tennessee (Mr. COHEN). er is probably already dead—another Afghanistan Infrastructure Fund by The question was taken; and the Act- victim of the Pakistani government’s $175 million. I urge my colleagues to ing Chair announced that the noes ap- ‘‘kill and dump’’ policy by which they support the amendment. peared to have it. repress their own people. I yield back the balance of my time. Mr. COHEN. Mr. Chairman, I demand We have to understand we have lost Mr. YOUNG of Florida. Mr. Chair- a recorded vote. over 2,000 American military personnel man, I rise to oppose the amendment. The Acting CHAIR. Pursuant to in Afghanistan. But who has been sup- The Acting CHAIR. The gentleman is clause 6 of rule XVIII, further pro- porting the side that has been killing recognized for 5 minutes. ceedings on the amendment offered by our people? The Pakistanis have in- Mr. YOUNG of Florida. I would say to the gentleman from Tennessee will be spired and supported these very insur- the sponsor of the amendment that postponed. gents. They were the creators of the this is a more reasonable approach— Mr. ROHRABACHER. I move to Taliban. And after 9/11, they played us yes, it is—but this actually cuts the strike the last word. for fools ever since. fund in half. Now, that is a major cut The Acting CHAIR. The gentleman Yesterday, this House passed a bill on something that our military com- from California is recognized for 5 min- that Pakistani’s Haqqani Network manders in the field say that they real- utes. should be listed as a terrorist organiza- ly need to have. Mr. ROHRABACHER. Mr. Chairman, tion. That terrorist organization has Now, the committee took a $25 mil- I rise in support of the amendment been helped and supplied by some lion cut, but that was in agreement that was offered by Congressman POE, members of the Pakistani military. We with the commanders. They felt that which I understand may well be re- should have quit bankrolling this rot- they could absorb that cut and still do introduced once the wording is worked ten regime a long time ago. We should the program, but I don’t think I can on a little bit by the end of this discus- end the charade. support cutting this program in half. sion. Let me just then move forward There are people in South Asia that Mr. COHEN. Will the gentleman with my support for Judge POE’s are our friends. Due to the Cold War, yield? amendment and the basic concept that we allied ourselves with Pakistan a Mr. YOUNG of Florida. I yield to the he’s presented, which is to eliminate long time ago, and we were told they gentleman. funding for Pakistan. were the bulwark against radical Mr. COHEN. I didn’t know, in your Basically, we need to end the charade Islam. That was a lie. But during the statement to the gentleman from once and for all that we are buying Cold War, we needed them in the fight Rhode Island, why are these funds Pakistani cooperation against terrorist against the Soviet Union. The Cold needed to get our troops out? Do we forces in South Asia. Pakistan isn’t War is over. We should ally ourselves not have airplanes, roads, boats and with us in the war against terrorism. with people who share our values and whatever to get our folks out? They are at war with us by supporting cherish, as we cherish them, a friend- Mr. YOUNG of Florida. We are hav- and funding the very terrorists that we ship between free people. As I say, we ing a little trouble hearing at the table are up against. Pakistan, at best, is a should go towards India, now that the here. war profiteer, collecting a ransom by Cold War is over, to help establish a Mr. COHEN. I said, in response to the taxing our military supply lines that new type of relationship in South Asia gentleman from Rhode Island, you pass through their country. They are that will preserve the peace and pre- have said these funds, all $375 million, laughing all the way to the bank. They serve the equilibrium in that part of were needed to get our troops out of are also laughing as their military in- the world.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11643 It is ridiculous for us to continue to The Acting CHAIR. The gentleman b 1930 support that country, that government from Iowa is recognized for 5 minutes. I believe the Pentagon can do more that is the basis of support for the Mr. BOSWELL. I rise to offer an to eradicate barriers to mental health most radical elements of radical Islam amendment with my good friend from care. This means ensuring that mental and the terrorist units that are killing Washington (Mr. MCDERMOTT) to pro- health and substance abuse issues are our people and killing their people vide greater funding for suicide preven- treated as medical issues and are taken throughout the world. If we’re having tion outreach for our troops on Active out of the realm of personnel matters. trouble getting out of Pakistan, it’s be- Duty. This amendment would add $10 This means ensuring that seeking and cause the Pakistanis are on the wrong million for suicide prevention outreach receiving psychological health care side. And we all know it. We shouldn’t in the Defense Health Program of the does nothing to jeopardize a soldier’s give one more penny thinking we’re Operations and Maintenance Account security clearance or prospects in his going to buy their friendship. They dis- in title IX of the bill. It would pay for future career. dain us for it. They think we’re weak- this by transferring $22 million from I would also urge the Pentagon to en- lings for it. the Afghanistan Security Forces Fund. sure that a portion of this money goes Let’s stand up for Dr. Afridi. Let’s This amendment is fully paid for, fis- toward hiring, development and reten- stand up and make sure that we are cally responsible, and incredibly time- tion of top-tier psychological health courageous in what we’re doing in our ly. talent for our military at this time. It policy and not trying to curry favor This is the most recent issue of Time is the tale of cost of this war that no- with gangsters that run a country like magazine, reporting that military and body calculates when we go to war. Pakistan. veteran suicide is a tragic epidemic What do we do when the people come I yield back the balance of my time. that has only gotten worse. We are cur- home? We forget them. We think they The Acting CHAIR. The Clerk will rently losing one U.S. soldier every day should pull themselves together and go read. to suicide. I know my colleague, Dr. back to their regular life. And many of The Clerk read as follows: MCDERMOTT, comes to this issue as an them can’t do it without some help. We AFGHANISTAN SECURITY FORCES FUND expert in the field. I come as a Vietnam need to provide it. They become des- For the ‘‘Afghanistan Security Forces veteran and someone very passionate perate, figure there’s no hope and take Fund’’, $5,026,500,000, to remain available about providing our heroes with the their own life. That shouldn’t happen until September 30, 2014: Provided, That such care and the support they deserve. to a 24-year-old kid, man or woman, funds shall be available to the Secretary of In 2007, I wrote the Joshua Omvig who has been in Afghanistan or Iraq Defense, notwithstanding any other provi- Veterans Suicide Prevention Act to giving to our country what we ask sion of law, for the purpose of allowing the honor the memory of a young veteran from them. Their willingness to risk Commander, Combined Security Transition from Iowa who, tragically, took his life the whole business of going to war has Command-Afghanistan, or the Secretary’s in front of his mother. To make sure to be dealt with when they come home. designee, to provide assistance, with the con- veterans have 24/7 access to a crisis I thank the gentleman for yielding. currence of the Secretary of State, to the se- Mr. BOSWELL. I yield back the bal- curity forces of Afghanistan, including the hotline and other mental health re- provision of equipment, supplies, services, sources, we passed that bill. Since ance of my time and ask for everyone’s training, facility and infrastructure repair, then, the Veterans Crisis hotline has support. renovation, and construction, and funding: answered more than 600,000 calls and Mr. YOUNG of Florida. Mr. Chair- Provided further, That the authority to pro- reportedly made more than 21,000 life- man, I rise in support of this amend- vide assistance under this heading is in addi- saving rescues. Tragically, we still lose ment. tion to any other authority to provide assist- a veteran to suicide every 80 minutes. The Acting CHAIR. The gentleman is ance to foreign nations: Provided further, So we have much more to do. recognized for 5 minutes. That contributions of funds for the purposes I want to thank the chairman and Mr. YOUNG of Florida. I had opposed provided herein from any person, foreign the ranking member for their work on similar amendments in the past be- government, or international organization cause of the source of the funding, the may be credited to this Fund, to remain this issue. You worked tirelessly to combat suicide rates amongst our serv- defense-wide O&M accounts which we available until expended, and used for such just really cannot afford to cut into purposes: Provided further, That the Sec- icemembers and our veterans. I hope retary of Defense shall notify the congres- you will join me in supporting this our readiness accounts. This does not sional defense committees in writing upon amendment. We are losing too many of take funding from that account. And so the receipt and upon the obligation of any our heroes. It’s up to us to act. I appreciate the gentleman’s changing contribution, delineating the sources and With that, I yield to the gentleman the source of his amendment, and I’m amounts of the funds received and the spe- from Washington, Dr. MCDERMOTT. agreeing to the amendment. cific use of such contributions: Provided fur- Mr. MCDERMOTT. Thank you, Mr. Mr. BOSWELL. Will the gentleman ther, That the Secretary of Defense shall, not BOSWELL. yield? fewer than 15 days prior to obligating from Mr. BOSWELL and I saw the Vietnam Mr. YOUNG of Florida. I yield to the this appropriation account, notify the con- gentleman from Iowa. gressional defense committees in writing of war in different ways—he, by flying a helicopter and me, by being a psychia- Mr. BOSWELL. I just want to thank the details of any such obligation: Provided you again for your attention and your further, That the Secretary of Defense shall trist dealing with people who came home. And I feel strongly that suicide dedication to this cause, Mr. Chairman. notify the congressional defense committees I’ve noticed that for years you and the of any proposed new projects or transfer of prevention and the intervention must ranking member have worked together, funds between budget sub-activity groups in become, in military speak, a core mis- and you’re doing the right thing. excess of $20,000,000: Provided further, That sion of the military. such amount is designated by the Congress This week’s Time magazine, as you Thank you very much. Mr. YOUNG of Florida. I thank the for Overseas Contingency Operations/Global see from that front page, describes gentleman for his comments. War on Terrorism pursuant to section military suicides as an epidemic. I 251(b)(2)(A)(ii) of the Balanced Budget and Mr. DICKS. Will the chairman yield? Emergency Deficit Control Act of 1985. would like to take $10 million out of a Mr. YOUNG of Florida. I yield to my $5 billion fund in this amendment to go AMENDMENT OFFERED BY MR. BOSWELL friend from Washington. beyond the funding for existing suicide Mr. BOSWELL. Mr. Chairman, I have Mr. DICKS. I want to commend the prevention services and toward modi- an amendment at the desk. gentleman for his efforts here and my The Acting CHAIR. The Clerk will re- fying the culture that keeps some from colleague from Washington State who I port the amendment. seeking help. We must also note that know has an abiding concern about The Clerk read as follows: any progress in suicide prevention will this, as I do. Page 132, line 23, after the dollar amount, be fleeting if we don’t focus on reduc- This is a tragedy when more people insert ‘‘(reduced by $22,000,000)’’. ing the stigma associated with seeking are dying from suicide than are in com- Page 141, line 12, after the dollar amount, psychological health services among bat. I know the Army has tried. Gen- insert ‘‘(increased by $10,000,000)’’. our Active Duty people. eral Corelli made an enormous effort to

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11644 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 try to find the answers, and it’s a seri- available until September 30, 2015: Provided, Global War on Terrorism pursuant to section ous, difficult problem. And a lot of it That such amount is designated by the Con- 251(b)(2)(A)(ii) of the Balanced Budget and relies on trying to deal with these peo- gress for Overseas Contingency Operations/ Emergency Deficit Control Act of 1985. ple before they go over so that you can Global War on Terrorism pursuant to section RESEARCH, DEVELOPMENT, TEST, AND 251(b)(2)(A)(ii) of the Balanced Budget and EVALUATION find the ones that are going to be sus- Emergency Deficit Control Act of 1985. ceptible or have problems going in. It’s RESEARCH, DEVELOPMENT, TEST AND PROCUREMENT OF AMMUNITION, NAVY AND just a very difficult problem. EVALUATION, ARMY MARINE CORPS I commend the gentleman for his For an additional amount for ‘‘Research, leadership on this. For an additional amount for ‘‘Procure- Development, Test and Evaluation, Army’’, Mr. YOUNG of Florida. Mr. Chair- ment of Ammunition, Navy and Marine $14,860,000, to remain available until Sep- Corps’’, $284,450,000, to remain available until man, I yield back the balance of my tember 30, 2014: Provided, That such amount September 30, 2015: Provided, That such is designated by the Congress for Overseas time. amount is designated by the Congress for Contingency Operations/Global War on Ter- The Acting CHAIR. The question is Overseas Contingency Operations/Global War rorism pursuant to section 251(b)(2)(A)(ii) of on the amendment offered by the gen- on Terrorism pursuant to section the Balanced Budget and Emergency Deficit tleman from Iowa (Mr. BOSWELL). 251(b)(2)(A)(ii) of the Balanced Budget and Control Act of 1985. Emergency Deficit Control Act of 1985. The amendment was agreed to. RESEARCH, DEVELOPMENT, TEST AND The Acting CHAIR. The Clerk will OTHER PROCUREMENT, NAVY EVALUATION, NAVY read. For an additional amount for ‘‘Other Pro- For an additional amount for ‘‘Research, The Clerk read as follows: curement, Navy’’, $98,882,000, to remain Development, Test and Evaluation, Navy’’, PROCUREMENT available until September 30, 2015: Provided, $60,119,000, to remain available until Sep- AIRCRAFT PROCUREMENT, ARMY That such amount is designated by the Con- tember 30, 2014: Provided, That such amount For an additional amount for ‘‘Aircraft gress for Overseas Contingency Operations/ is designated by the Congress for Overseas Procurement, Army’’, $541,600,000, to remain Global War on Terrorism pursuant to section Contingency Operations/Global War on Ter- available until September 30, 2015: Provided, 251(b)(2)(A)(ii) of the Balanced Budget and rorism pursuant to section 251(b)(2)(A)(ii) of That such amount is designated by the Con- Emergency Deficit Control Act of 1985. the Balanced Budget and Emergency Deficit gress for Overseas Contingency Operations/ PROCUREMENT, MARINE CORPS Control Act of 1985. Global War on Terrorism pursuant to section For an additional amount for ‘‘Procure- RESEARCH, DEVELOPMENT, TEST AND 251(b)(2)(A)(ii) of the Balanced Budget and ment, Marine Corps’’, $943,683,000, to remain EVALUATION, AIR FORCE Emergency Deficit Control Act of 1985. available until September 30, 2015: Provided, For an additional amount for ‘‘Research, MISSILE PROCUREMENT, ARMY That such amount is designated by the Con- Development, Test and Evaluation, Air For an additional amount for ‘‘Missile Pro- gress for Overseas Contingency Operations/ Force’’, $53,150,000, to remain available until curement, Army’’, $49,653,000, to remain Global War on Terrorism pursuant to section September 30, 2014: Provided, That such available until September 30, 2015: Provided, 251(b)(2)(A)(ii) of the Balanced Budget and amount is designated by the Congress for That such amount is designated by the Con- Emergency Deficit Control Act of 1985. Overseas Contingency Operations/Global War gress for Overseas Contingency Operations/ AIRCRAFT PROCUREMENT, AIR FORCE on Terrorism pursuant to section Global War on Terrorism pursuant to section For an additional amount for ‘‘Aircraft 251(b)(2)(A)(ii) of the Balanced Budget and 251(b)(2)(A)(ii) of the Balanced Budget and Procurement, Air Force’’, $305,600,000, to re- Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. main available until September 30, 2015: Pro- RESEARCH, DEVELOPMENT, TEST AND PROCUREMENT OF WEAPONS AND TRACKED vided, That such amount is designated by the EVALUATION, DEFENSE-WIDE COMBAT VEHICLES, ARMY Congress for Overseas Contingency Oper- For an additional amount for ‘‘Research, For an additional amount for ‘‘Procure- ations/Global War on Terrorism pursuant to Development, Test and Evaluation, Defense- ment of Weapons and Tracked Combat Vehi- section 251(b)(2)(A)(ii) of the Balanced Budg- Wide’’, $107,387,000, to remain available until cles, Army’’, $15,422,000, to remain available et and Emergency Deficit Control Act of September 30, 2014: Provided, That such until September 30, 2015: Provided, That such 1985. amount is designated by the Congress for amount is designated by the Congress for MISSILE PROCUREMENT, AIR FORCE Overseas Contingency Operations/Global War Overseas Contingency Operations/Global War on Terrorism pursuant to section on Terrorism pursuant to section For an additional amount for ‘‘Missile Pro- curement, Air Force’’, $34,350,000, to remain 251(b)(2)(A)(ii) of the Balanced Budget and 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985. available until September 30, 2015: Provided, That such amount is designated by the Con- REVOLVING AND MANAGEMENT FUNDS PROCUREMENT OF AMMUNITION, ARMY gress for Overseas Contingency Operations/ DEFENSE WORKING CAPITAL FUNDS For an additional amount for ‘‘Procure- Global War on Terrorism pursuant to section ment of Ammunition, Army’’, $338,493,000, to For an additional amount for ‘‘Defense 251(b)(2)(A)(ii) of the Balanced Budget and Working Capital Funds’’, $293,600,000: Pro- remain available until September 30, 2015: Emergency Deficit Control Act of 1985. Provided, That such amount is designated by vided, That such amount is designated by the the Congress for Overseas Contingency Oper- PROCUREMENT OF AMMUNITION, AIR FORCE Congress for Overseas Contingency Oper- ations/Global War on Terrorism pursuant to For an additional amount for ‘‘Procure- ations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budg- ment of Ammunition, Air Force’’, section 251(b)(2)(A)(ii) of the Balanced Budg- et and Emergency Deficit Control Act of $116,203,000, to remain available until Sep- et and Emergency Deficit Control Act of 1985. tember 30, 2015: Provided, That such amount 1985. OTHER PROCUREMENT, ARMY is designated by the Congress for Overseas OTHER DEPARTMENT OF DEFENSE For an additional amount for ‘‘Other Pro- Contingency Operations/Global War on Ter- PROGRAMS curement, Army’’, $2,005,907,000, to remain rorism pursuant to section 251(b)(2)(A)(ii) of DEFENSE HEALTH PROGRAM the Balanced Budget and Emergency Deficit available until September 30, 2015: Provided, For an additional amount for ‘‘Defense Control Act of 1985. That such amount is designated by the Con- Health Program’’, $993,898,000, which shall be gress for Overseas Contingency Operations/ OTHER PROCUREMENT, AIR FORCE for operation and maintenance, to remain Global War on Terrorism pursuant to section For an additional amount for ‘‘Other Pro- available until September 30, 2014: Provided, 251(b)(2)(A)(ii) of the Balanced Budget and curement, Air Force’’, $2,785,170,000, to re- That such amount is designated by the Con- Emergency Deficit Control Act of 1985. main available until September 30, 2015: Pro- gress for Overseas Contingency Operations/ AIRCRAFT PROCUREMENT, NAVY vided, That such amount is designated by the Global War on Terrorism pursuant to section For an additional amount for ‘‘Aircraft Congress for Overseas Contingency Oper- 251(b)(2)(A)(ii) of the Balanced Budget and Procurement, Navy’’, $146,277,000, to remain ations/Global War on Terrorism pursuant to Emergency Deficit Control Act of 1985. available until September 30, 2015: Provided, section 251(b)(2)(A)(ii) of the Balanced Budg- DRUG INTERDICTION AND COUNTER-DRUG That such amount is designated by the Con- et and Emergency Deficit Control Act of ACTIVITIES, DEFENSE 1985. gress for Overseas Contingency Operations/ For an additional amount for ‘‘Drug Inter- Global War on Terrorism pursuant to section PROCUREMENT, DEFENSE-WIDE diction and Counter-Drug Activities, De- 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Procure- fense’’, $469,025,000, to remain available until Emergency Deficit Control Act of 1985. ment, Defense-Wide’’, $217,849,000, to remain September 30, 2014: Provided, That such WEAPONS PROCUREMENT, NAVY available until September 30, 2015: Provided, amount is designated by the Congress for For an additional amount for ‘‘Weapons That such amount is designated by the Con- Overseas Contingency Operations/Global War Procurement, Navy’’, $22,500,000, to remain gress for Overseas Contingency Operations/ on Terrorism pursuant to section

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11645 251(b)(2)(A)(ii) of the Balanced Budget and port costs included noncompetitive track its projects or expenditures, that Emergency Deficit Control Act of 1985. contracts given to former government often gives contracts to its cronies, and JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT employees profiting from Washington’s that the GAO has said is duplicative. FUND perpetual revolving door and hundreds As we draw down in Afghanistan and (INCLUDING TRANSFER OF FUNDS) of millions of dollars of contracts being look to cut funds from much more pro- For an additional amount for the ‘‘Joint subcontracted out to other former ductive and efficient parts of the Fed- Improvised Explosive Device Defeat Fund’’, military personnel. eral budget, I urge you to support these $1,614,900,000, to remain available until Sep- tember 30, 2015: Provided, That such funds Isn’t this what our constituents dis- cuts of an inefficient organization that shall be available to the Secretary of De- like the most about what’s going on lacks the management controls to pre- fense, notwithstanding any other provision here, that there are cronyism activi- vent taxpayer dollars from being wast- of law, for the purpose of allowing the Direc- ties, that there are revolving doors and ed. tor of the Joint Improvised Explosive Device that military personnel, after they’re I yield back the balance of my time. Defeat Organization to investigate, develop retired, become mentors? Mr. FRELINGHUYSEN. Mr. Chair- and provide equipment, supplies, services, man, I move to strike the last word. training, facilities, personnel and funds to b 1940 The Acting CHAIR. The gentleman assist United States forces in the defeat of This bill also recognizes there’s a improvised explosive devices: Provided fur- from New Jersey is recognized for 5 ther, That the Secretary of Defense may problem here. The bill itself has actu- minutes. transfer funds provided herein to appropria- ally reduced their budget by $60 mil- Mr. FRELINGHUYSEN. Mr. Chair- tions for military personnel; operation and lion. man, the Joint IED Defeat fund recog- maintenance; procurement; research, devel- The IED threat remains significant, nizes the fact that we’re still a nation opment, test and evaluation; and defense but continuing to robustly invest in at war. The young men and women who working capital funds to accomplish the pur- counter-IED technology makes less come back from war—and God forbid, pose provided herein: Provided further, That sense, both tactically and strategi- some come back having paid the ulti- this transfer authority is in addition to any other transfer authority available to the De- cally. mate sacrifice, but many come back partment of Defense: Provided further, That From a tactical level, Pentagon sta- with unbelievable wounds, double am- the Secretary of Defense shall, not fewer tistics show that IEDs were 25 percent putees, loss of different limbs. This than 15 days prior to making transfers from less effective this year than the year joint IED task force has done a lot to this appropriation, notify the congressional before. Strategically, we are shifting minimize that possibility. defense committees in writing of the details away from ground wars and counterin- The committee did recognize, and as of any such transfer: Provided further, That surgency missions and must begin re- the gentlewoman mentions, we did re- such amount is designated by the Congress allocating some of these funds to more duce spending in this fund by $70 mil- for Overseas Contingency Operations/Global War on Terrorism pursuant to section pressing national security needs. lion. But we’re a nation at war. They 251(b)(2)(A)(ii) of the Balanced Budget and In February, the GAO told Congress still have a critical mission. It’s impor- Emergency Deficit Control Act of 1985. that JIEDDO’s poor planning and man- tant that the work that they continue AMENDMENT OFFERED BY MS. SPEIER agement resulted in many funds going to do to defeat sometimes the simplest Ms. SPEIER. Mr. Chairman, I have to duplicative projects, creating waste IEDs and sometimes the most complex an amendment at the desk. and likely slowing down the ability of IEDs continue. It’s an investment that The Acting CHAIR. The Clerk will re- the Department of Defense to meet its we need to make to make sure that, as port the amendment. mission objectives. For example, in we finish our job in Afghanistan, that The Clerk read as follows: 2008, U.S. Central Command began de- we do our level best to protect our Page 142, line 6, after the dollar amount, velopment for a directed energy solu- troops, those that are volunteering insert ‘‘(reduced by $120,500,000)’’. tion to defeating IEDs. Without coordi- there, and to bring them back home in Page 153, line 15, after the dollar amount, nation, JIEDDO undertook six dif- one piece. insert ‘‘(increased by $120,500,000)’’. ferent efforts to tackle the problem, So we oppose the gentlewoman’s The Acting CHAIR. The gentlewoman which cost taxpayers at least $104 mil- amendment. from California is recognized for 5 min- lion. I yield back the balance of my time. utes. When the commander of U.S. Central The Acting CHAIR. The question is Ms. SPEIER. Mr. Chairman, I’m here Command still didn’t have a solution on the amendment offered by the gen- to offer an amendment to strike $120.5 by August 2011, he had to write tlewoman from California (Ms. SPEIER). million in undistributed funds from the JIEDDO to urge them to coordinate The amendment was rejected. Joint Improvised Explosive Device De- their efforts in hopes of getting some- The Acting CHAIR. The Clerk will feat Fund, matching the Senate au- thing he could field to fulfill what was read. thorizers and keeping intact over $1.7 then a 3-year-old unmet requirement The Clerk read as follows: billion for this program. OFFICE OF THE INSPECTOR GENERAL The Joint Improvised Explosive De- for the warfighter. JIEDDO coordi- nated the effort of the six projects but For an additional amount for the ‘‘Office of vice Defeat Fund—more commonly the Inspector General’’, $10,766,000: Provided, known as JIEDDO—is responsible for deferred making a decision on shifting resources or canceling the project yet That such amount is designated by the Con- leading, advocating and coordinating gress for Overseas Contingency Operations/ the Defense Department’s efforts to de- again. The organization also admitted Global War on Terrorism pursuant to section feat IEDs. After more than $20 billion, that they likely would not have been 251(b)(2)(A)(ii) of the Balanced Budget and Congress has received numerous re- able to execute their mission to man- Emergency Deficit Control Act of 1985. ports that JIEDDO has had decidedly age the Pentagon’s IED efforts in this GENERAL PROVISIONS—THIS TITLE mixed outcomes, and after three at- case without the commander’s written SEC. 9001. Notwithstanding any other pro- tempts still has not developed a mech- protest. vision of law, funds made available in this anism for tracking the Pentagon’s Some soldiers in the field have also title are in addition to amounts appropriated counter-IED efforts. So we’ve spent $20 expressed disappointment at JIEDDO’s or otherwise made available for the Depart- billion. results. A marine that served in Af- ment of Defense for fiscal year 2013. In the Senate, the Armed Services ghanistan in 2009 compared the IED-de- (INCLUDING TRANSFER OF FUNDS) Committee cut $200 million from tecting devices issued by JIEDDO to a SEC. 9002. Upon the determination of the JIEDDO. In their report, they said beachcomber’s faulty metal detector Secretary of Defense that such action is nec- JIEDDO suffered from: and said his IED jammers were fre- essary in the national interest, the Sec- quently broken. Others report that retary may, with the approval of the Office Duplication of effort with the military of Management and Budget, transfer up to services, excessive contractor support costs, dogs remain more reliable detectors $3,000,000,000 between the appropriations or and organizational inefficiencies. downrange. funds made available to the Department of As The Washington Post recently re- It’s time to stop signing a blank Defense in this title: Provided, That the Sec- ported, these excessive contractor sup- check for an organization that cannot retary shall notify the Congress promptly of

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11646 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 each transfer made pursuant to the author- either the host nation, a non-Department of of not more than $250,000: Provided, That, ity in this section: Provided further, That the Defense agency of the United States Govern- upon determination by the Secretary of De- authority provided in this section is in addi- ment or a third-party contributor to finance fense that such action is necessary to meet tion to any other transfer authority avail- the sustainment of the activities and main- the operational requirements of a Com- able to the Department of Defense and is tenance of any equipment or facilities to be mander of a Combatant Command engaged subject to the same terms and conditions as provided through the proposed project. in contingency operations overseas, such the authority provided in the Department of SEC. 9006. Funds available to the Depart- funds may be used to purchase items having Defense Appropriations Act, 2013. ment of Defense for operation and mainte- an investment item unit cost of not more SEC. 9003. Supervision and administration nance may be used, notwithstanding any than $500,000. costs associated with a construction project other provision of law, to provide supplies, SEC. 9011. Notwithstanding any other pro- funded with appropriations available for op- services, transportation, including airlift vision of law, up to $88,000,000 of funds made eration and maintenance, ‘‘Afghanistan In- and sealift, and other logistical support to available in this title under the heading ‘‘Op- frastructure Fund’’, or the ‘‘Afghanistan Se- coalition forces supporting military and sta- eration and Maintenance, Army’’ may be ob- curity Forces Fund’’ provided in this Act and bility operations in Afghanistan: Provided, ligated and expended for purposes of the executed in direct support of overseas con- That the Secretary of Defense shall provide Task Force for Business and Stability Oper- tingency operations in Afghanistan, may be quarterly reports to the congressional de- ations, subject to the direction and control obligated at the time a construction con- fense committees regarding support provided of the Secretary of Defense, with concur- tract is awarded: Provided, That for the pur- under this section. rence of the Secretary of State, to carry out pose of this section, supervision and adminis- SEC. 9007. None of the funds appropriated strategic business and economic assistance tration costs include all in-house Govern- or otherwise made available by this or any activities in Afghanistan in support of Oper- ment costs. other Act shall be obligated or expended by ation Enduring Freedom: Provided, That not EC. 9004. From funds made available in S the United States Government for a purpose less than 15 days before making funds avail- this title, the Secretary of Defense may pur- as follows: able pursuant to the authority provided in chase for use by military and civilian em- (1) To establish any military installation this section for any project with a total an- ployees of the Department of Defense in the or base for the purpose of providing for the ticipated cost of $5,000,000 or more, the Sec- U.S. Central Command area of responsi- permanent stationing of United States retary shall submit to the congressional de- bility: (a) passenger motor vehicles up to a Armed Forces in Iraq. fense committees a written notice con- limit of $75,000 per vehicle; and (b) heavy and (2) To exercise United States control over taining a detailed justification and timeline light armored vehicles for the physical secu- any oil resource of Iraq. for each proposed project. rity of personnel or for force protection pur- SEC. 9012. From funds made available to (3) To establish any military installation poses up to a limit of $250,000 per vehicle, the Department of Defense in this title under or base for the purpose of providing for the notwithstanding price or other limitations the heading ‘‘Operation and Maintenance, permanent stationing of United States applicable to the purchase of passenger car- Air Force’’ up to $508,000,000 may be used by Armed Forces in Afghanistan. rying vehicles. the Secretary of Defense, notwithstanding SEC. 9008. None of the funds made available SEC. 9005. Not to exceed $250,000,000 of the any other provision of law, to support United in this Act may be used in contravention of amount appropriated in this title under the States Government transition activities in the following laws enacted or regulations heading ‘‘Operation and Maintenance, Iraq by funding the operations and activities promulgated to implement the United Na- Army’’ may be used, notwithstanding any of the Office of Security Cooperation in Iraq tions Convention Against Torture and Other other provision of law, to fund the Com- and security assistance teams, including life Cruel, Inhuman or Degrading Treatment or mander’s Emergency Response Program support, transportation and personal secu- Punishment (done at New York on December (CERP), for the purpose of enabling military rity, and facilities renovation and construc- 10, 1984): commanders in Afghanistan to respond to tion: Provided, That not less than 15 days be- (1) Section 2340A of title 18, United States urgent, small-scale, humanitarian relief and fore making funds available pursuant to the Code. reconstruction requirements within their authority provided in this section, the Sec- (2) Section 2242 of the Foreign Affairs Re- areas of responsibility: Provided, That each retary shall submit to the congressional de- form and Restructuring Act of 1998 (division project (including any ancillary or related fense committees a written notice con- G of Public Law 105–277; 112 Stat. 2681–822; 8 elements in connection with such project) taining a detailed justification and timeline U.S.C. 1231 note) and regulations prescribed executed under this authority shall not ex- for each proposed site. ceed $20,000,000: Provided further, That not thereto, including regulations under part 208 (AVAILABILITY OF FUNDS) later than 45 days after the end of each fiscal of title 8, Code of Federal Regulations, and year quarter, the Secretary of Defense shall part 95 of title 22, Code of Federal Regula- SEC. 9013. Each amount designated in this submit to the congressional defense commit- tions. Act by the Congress for Overseas Contin- tees a report regarding the source of funds (3) Sections 1002 and 1003 of the Depart- gency Operations/Global War on Terrorism and the allocation and use of funds during ment of Defense, Emergency Supplemental pursuant to section 251(b)(2)(A)(ii) of the Bal- that quarter that were made available pursu- Appropriations to Address Hurricanes in the anced Budget and Emergency Deficit Control ant to the authority provided in this section Gulf of Mexico, and Pandemic Influenza Act, Act of 1985 shall be available (or rescinded, if or under any other provision of law for the 2006 (Public Law 109–148). applicable) only if the President subse- purposes described herein: Provided further, SEC. 9009. None of the funds provided for quently so designates all such amounts and That, not later than 30 days after the end of the ‘‘Afghanistan Security Forces Fund’’ transmits such designations to the Congress. each month, the Army shall submit to the (ASFF) may be obligated prior to the ap- (RESCISSIONS) congressional defense committees monthly proval of a financial and activity plan by the SEC. 9014. Of the funds appropriated in De- commitment, obligation, and expenditure Afghanistan Resources Oversight Council partment of Defense Appropriations Acts, data for the Commander’s Emergency Re- (AROC) of the Department of Defense: Pro- the following funds are hereby rescinded sponse Program in Afghanistan: Provided fur- vided, That the AROC must approve the re- from the following accounts and programs in ther, That not less than 15 days before mak- quirement and acquisition plan for any serv- the specified amounts: Provided, That such ing funds available pursuant to the author- ice requirements in excess of $50,000,000 an- amounts are designated by the Congress for ity provided in this section or under any nually and any non-standard equipment re- Overseas Contingency Operations/Global War other provision of law for the purposes de- quirements in excess of $100,000,000 using on Terrorism pursuant to section scribed herein for a project with a total an- ASFF: Provided further, That the AROC must 251(b)(2)(A)(ii) of the Balanced Budget and ticipated cost for completion of $5,000,000 or approve all projects and the execution plan Emergency Deficit Control Act of 1985: more, the Secretary shall submit to the con- under the ‘‘Afghanistan Infrastructure ‘‘Retroactive Stop Loss Special Pay Pro- gressional defense committees a written no- Fund’’ (AIF) and any project in excess of gram, 2009/20XX’’, $79,900,000; and tice containing each of the following:. $5,000,000 from the Commanders Emergency ‘‘Afghanistan Security Forces Fund, 2012/ (1) The location, nature and purpose of the Response Program (CERP): Provided further, 20XX’’, $500,000,000. proposed project, including how the project That the Department of Defense must certify SEC. 9015. None of the funds appropriated is intended to advance the military cam- to the congressional defense committees or otherwise made available by this Act paign plan for the country in which it is to that the AROC has convened and approved a under the heading ‘‘Operation and Mainte- be carried out. process for ensuring compliance with the re- nance, Defense-wide’’ for payments under (2) The budget, implementation timeline quirements in the preceding provisos and ac- Section 1233 of Public Law 110–181 for reim- with milestones, and completion date for the companying report language for the ASFF, bursement to the Government of Pakistan proposed project, including any other CERP AIF, and CERP. may be made available unless the Secretary funding that has been or is anticipated to be SEC. 9010. Funds made available in this of Defense, in coordination with the Sec- contributed to the completion of the project. title to the Department of Defense for oper- retary of State certifies to the Committees (3) A plan for the sustainment of the pro- ation and maintenance may be used to pur- on Appropriations that the Government of posed project, including the agreement with chase items having an investment unit cost Pakistan is—

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11647 (1) cooperating with the United States in reductions in this year’s House Defense Ap- agrees that these current general pro- counterterrorism efforts against the Haqqani propriations Bill that will negatively impact visions should be modified and is al- Network, the Quetta Shura Taliban, Lashkar the Army’s organic industrial base. The Fis- ready developing an alternative plan. e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, cal Year 2013 Defense Appropriations Bill, As a member of the House Armed and other domestic and foreign terrorist or- Sec. 8087 cites ‘‘excessive levels of funding Services Committee, I look forward to ganizations, including taking steps to end carryover at Army Depots’’ and reduces ‘‘Op- support for such groups and prevent them eration and Maintenance, Army’’ (OMA) by working with the chairman to address from basing and operating in Pakistan and $1.207 billion and ‘‘Other Procurement, these concerns and to ensure we pro- carrying out cross border attacks into neigh- Army’’ (OPA) by $1.253 billion. This reduc- vide adequate funding for depots and boring countries; tion of approximately $2.5 billion will have arsenals. I know we are both in favor of (2) not supporting terrorist activities harmful consequences far beyond what was a strong and capable organic industrial against United States or coalition forces in originally forecasted and will derail the base and value the critical role our de- Afghanistan, and Pakistan’s military and in- Army’s ability to maintain equipment readi- pots and arsenals play in maintaining telligence agencies are not intervening ness. Ultimately, we believe this legislation the readiness of our military. extra-judicially into political and judicial as it currently stands will cripple the ability Mr. Chairman, at this time I yield to processes in Pakistan; of depots and arsenals to support our soldiers the gentleman from Iowa (Mr. (3) dismantling improvised explosive device during a time of war. We understand the competing priorities facing the committee, LOEBSACK). (IED) networks and interdicting precursor Mr. LOEBSACK. I thank the gen- chemicals used in the manufacture of IEDs; but we believe it is vital that we work to- (4) preventing the proliferation of nuclear- gether with you to address this critical tleman from Pennsylvania. related material and expertise; issue. Our depots, arsenals, and their work- (5) issuing visas in a timely manner for This reduction of funds will not only hurt force are critical to our national secu- United States visitors engaged in counterter- the ability of Army depots and arsenals to rity and ability to rapidly equip our rorism efforts and assistance programs in generate and maintain its workload for the soldiers. For example, in 2003, the Rock Pakistan; and next Fiscal Year, but will also have lasting Island Arsenal produced 500 Humvee (6) providing humanitarian organizations impacts on the defense industrial base that add-on armor kits to protect our troops access to detainees, internally displaced per- will be felt well beyond 2013. The cuts to within 3 months of receiving the order. sons, and other Pakistani civilians affected OMA and OPA will cause an estimated 3,000 We must strengthen our arsenals and by the conflict. layoffs of specialized technicians that cannot be easily replaced or retrained if workload depots so that they are able to con- TITLE X returns to its normal rate. Core depot logis- tinue to produce the equipment that is ADDITIONAL GENERAL PROVISIONS tics requirements will be increasingly dif- vitally needed by our men and women SPENDING REDUCTION ACCOUNT ficult and costly to meet and the Depart- in uniform. I am strongly concerned SEC. 10001. The amount by which the appli- ment of the Army will be forced to turn to that the effects of the bill’s reductions cable allocation of new budget authority contracted alternatives in order to reduce will be felt beyond 2013 and across the made by the Committee on Appropriations of the backlog. This cut will make the organic organic industrial base, and I appre- the House of Representatives under section base less attractive for program managers ciate the chairman’s willingness to 302(b) of the Congressional Budget Act of 1974 and will likely reverse the recent trend of de- work with us. I look forward to closely exceeds the amount of proposed new budget pots and arsenals being the preferred source collaborating with him in support of authority is $0. of manufacture and repair. It is our understanding that the Army did our arsenals and depots, and I appre- Mr. FRELINGHUYSEN. Mr. Chair- not provide a detailed explanation for exces- ciate this time. man, I move to strike the last word. sive levels of carryover money until after the Mr. SHUSTER. I thank the gen- The Acting CHAIR. The gentleman Appropriations Committee passed this year’s tleman from Iowa. from New Jersey is recognized for 5 Defense Bill. Once the Army provided this And the gentleman from Texas, who’s minutes. analysis, it became clear to all parties in- not here on the floor, I’d like to talk a Mr. FRELINGHUYSEN. Mr. Chair- volved that the House Appropriations Com- little bit about his situation down at man, from the Clerk’s reading, we’ve mittee’s proposed funding levels would not the Corpus Christi Army Depot, which provide adequate funding to sustain depots is an industry leader of repair and reached the limitations portion of the and arsenals throughout Fiscal Year 2013. As bill, and we would encourage Members overhaul for our aviation helicopters, we approach the debate over the Defense Ap- employing over 6,000 civilians, of which having amendments for us to consider propriations Bill on the House floor, it is in that arena, or portion, this would be still unclear to us what possible measures 56 percent are veterans. Without CCAD, the appropriate time for them to come will be taken, if any, to reduce the impact of the Army would be unable to sustain forward. these cuts. maximum combat power for the I yield back the balance of my time. We look forward to further discussing this warfighter. issue with you and working with you on any Further, the depot in Corpus Chris- b 1950 potential adjustments that can be made be- ti’s stewardship of taxpayer dollars is fore this legislation is considered by the evident in the cost effective repair and Mr. SHUSTER. Mr. Chairman, I move House of Representatives. We believe that a to strike the last word. overhaul of rotary wing aircraft sys- strong organic industrial base is critical to tems. For example, in fiscal year 2011, The Acting CHAIR. The gentleman maintaining our national security posture a record production year, more than from Pennsylvania is recognized for 5 and the current Defense Appropriations Bill $47 million in cost savings was docu- minutes. will result in unrecoverable consequences for our Army depots and arsenals. mented at the CCAD. Mr. SHUSTER. Mr. Chairman, I rise With today’s rotary wing aircraft and today to share the concern of seven Sincerely, BILL SHUSTER. unmanned aircraft systems flying in Members of this House that represent DAVID LOEBSACK. record numbers, the work at Corpus Army depots and arsenals, including BLAKE FARENTHOLD. Christi Army Depot has become invalu- Letterkenny Army Depot in my con- MIKE ROGERS (AL). able to the aircraft to remain air- gressional district in Pennsylvania. RALPH HALL. worthy. I am concerned that any lapse The following letter fully addresses ROBERT SCHILLING. in production of the UH–60 Black Hawk our concerns: This bill includes reductions in fund- Recap, CCAD’s larger single program, CONGRESS OF THE UNITED STATES, ing for depots and arsenals due to a would have a negative impact on sup- Washington, DC, July 12, 2012. perceived surplus of funded workload porting components programs and Hon. C.W. BILL YOUNG, available for previous fiscal years. major OEM contracts and employers. Chairman, Subcommittee on Defense, After further analysis and additional I know that the gentleman from Washington, DC. feedback provided by the Army, we be- Texas looks forward to working work Hon. NORM DICKS, Ranking Member, Washington, DC. lieve these cuts, as currently struc- with the chairman—as do I and other DEAR CHAIRMAN YOUNG AND RANKING MEM- tured, could have a lasting negative Members of the House that represent BER DICKS: As Members with Army Depots impact on the organic industrial base. depots and arsenals—and the House Ap- and Arsenals in our districts, we wish to ex- It is my understanding that the propriations Committee as this bill press our concern over significant funding House Appropriations Committee moves forward to conference.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11648 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Mr. FRELINGHUYSEN. Will the gen- Why are we all being asked to tight- Finally, in just the CBO’s most re- tleman yield? en our belts while the military indus- cent analysis of the Department’s fu- Mr. SHUSTER. I yield to the gen- trial complex gets to loosen theirs by a ture-years’ defense program, they de- tleman from New Jersey. few notches year after year after year? termined that the Department’s plans Mr. FRELINGHUYSEN. I thank the If the Federal budget crisis is so dire, will cost $123 billion more than they gentlemen for their comments, and we Mr. Chairman, so dire that we can projected over the next 5 years. Na- share in their support of a strong or- pinch pennies on badly needed transit tional security, of course, should never ganic industrial base and a strong, infrastructure, surely we can do the be subjected to partisan politics. In- ready military. same with a bloated Pentagon budget stead, we should show our support for We are pleased to work closely with that has been growing out of control our brave men and women, who have members of the army depot and arsenal for more than a decade now. And that’s sacrificed so much and who continue to delegation throughout the conference the simple concept behind my amend- do so on our behalf. proceedings to ensure their concerns ment. I yield back the balance of my time. are fully addressed and the necessary In the interest of fairness and shared The Acting CHAIR. The question is adjustments to depot and arsenal fund- sacrifice, I’m proposing a $181 million on the amendment offered by the gen- ing are made. cut to the Defense appropriations bill tlewoman from California (Ms. WOOL- I thank the gentleman for yielding. identical to the reduction in FTA SEY). Mr. SHUSTER. Mr. Chairman, I yield spending passed by the House a few The question was taken; and the Act- back the balance of my time. weeks ago. I trust that all my Repub- ing Chair announced that the noes ap- AMENDMENT OFFERED BY MS. WOOLSEY lican colleagues, each one more fiscally peared to have it. Ms. WOOLSEY. Mr. Chairman, I have responsible than the next, will jump at Ms. WOOLSEY. Mr. Chairman, I de- an amendment at the desk. this chance to further cut Federal mand a recorded vote. The Acting CHAIR. The Clerk will re- spending. The Acting CHAIR. Pursuant to port the amendment. I yield back the balance of my time. clause 6 of rule XVIII, further pro- The Clerk read as follows: Mr. FRELINGHUYSEN. Mr. Chair- ceedings on the amendment offered by the gentlewoman from California will At the end of the bill (before the short man, I move to strike the last word. title), insert the following: The Acting CHAIR. The gentleman be postponed. SEC. ll. The total amount of appropria- from New Jersey is recognized for 5 AMENDMENT OFFERED BY MR. MARKEY tions made available by this Act is hereby minutes. Mr. MARKEY. Mr. Chairman, I have reduced by $181,000,000. Mr. FRELINGHUYSEN. Mr. Chair- an amendment at the desk. The Acting CHAIR. The gentlewoman man, I rise in opposition to the gentle- The Acting CHAIR. The Clerk will re- from California is recognized for 5 min- woman’s amendment. I’m the first to port the amendment. utes. admit that defense should not be im- The Clerk read as follows: Ms. WOOLSEY. Mr. Chairman, our mune to reasonable, analytically-based At the end of the bill (before the short title), insert the following: Nation’s transportation infrastructure reductions, which are what we’ve al- is in terrible, terrible disrepair. More SEC. ll. None of the funds made available ready done over the past few years. by this Act may be used to operate or main- than ever, we need to be pumping re- Just 2 years ago, when Congress con- tain more than 300 land-based interconti- sources into transportation projects sidered the fiscal year 2011 defense nental ballistic missiles. and into initiatives for that end. budget, the Department was planning Mr. FRELINGHUYSEN. Mr. Chair- We need to upgrade and modernize on a fiscal year 2013 budget of roughly man, we would like a copy of the our roads and highways, but we also $562 billion. Their actual request for amendment, please. need to build up mass transit systems, 2013, however, was only $516 billion, $46 I reserve a point of order until we buses, rail lines, et cetera. Doing so im- billion less. have had a chance to look it over. proves lives in our communities, allow- b 2000 The Acting CHAIR. The gentleman ing people to move around more freely from New Jersey reserves a point of and easily, and it also creates jobs. And In fact, in the past two fiscal years, order. by reducing our dependency on auto- our committee has produced a defense The gentleman from Massachusetts mobile travel, this transportation is budget which totaled $39 billion below is recognized for 5 minutes. clean, energy-efficient, and environ- the request. Mr. MARKEY. Our current nuclear mentally sensitive, as well. My point is that we have cut defense, arsenal has significant overkill that is Luckily, we have a Federal agency, but we have done so reasonably and built into it. Our country continues to the Federal Transit Administration, or without impacting readiness or threat- spend more and more taxpayer money FTA, that exists to make exactly these ening the Department’s ability to pro- on nuclear weapons even though the investments. I’m proud to say that my tect our Nation and our allies. This fis- President and the Senate have already home district has benefited from FTA cal year 2013 budget is the first we’ve agreed to reduce the number of de- grants to the tune of $11 million over seen in which there are identifiable and ployed nuclear weapons, and even the last year. A new commuter train, significant risks associated with the though there is a growing bipartisan the Sonoma-Marin Area Rail Transit, budget decisions we’ve made. consensus that the United States has or SMART train, that connects the We’ve talked about that a lot today, an excessive number of nuclear weap- major cities in my district is just one about our pivot towards the Asia Pa- ons and that the United States spends of the local projects that is putting cific, the growing capability of China, far more than it needs to for a nuclear FTA money to good use. things on the North Korean peninsula, deterrent and defense. So, at a moment when our transpor- for example, in cutting ships and in re- That is why I rise today to offer my tation needs are so great across the ducing the required Navy ship fleet amendment: to reduce the number of country, wouldn’t it make sense to in- size, in retiring large numbers of air- deployed intercontinental ballistic nu- crease the FTA budget? Except that craft, some of which have been deliv- clear missiles from 450 to 300. the House, expressing the priorities of ered, and in significantly underfunding I believe that this is the soundest ap- its Republican majority, recently facility maintenance and moderniza- proach to both our national security passed a fiscal year 2013 appropriations tion. We have tried to mitigate these and our economic security needs. Each bill that cut $181 million from current as best we could within our given allo- of our land-based nuclear missiles costs FTA spending levels. And at the same cation. Speaking of our allocation, it is us—and this is an incredible number— time, they’re now presenting us with a essentially in line with both the Ryan $2.4 million every year to operate and Department of Defense spending bill budget as well as with the Defense au- to maintain. My amendment would that calls for $1.1 billion more in mili- thorization bill, both of which passed save the taxpayers about $360 million tary spending over current levels. the House. next year and every year after that.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11649 It’s not just arms control groups that ing some protection to the land-based b 2010 support this departure from Cold War missiles. AMENDMENT OFFERED BY MS. WOOLSEY thinking. It also includes General I agree with the gentleman’s overall Ms. WOOLSEY. Mr. Chairman, I have James Cartwright, who until last year premise that we don’t need as many an amendment at the desk. was the commander of the United nuclear weapons. I can remember John The Acting CHAIR. The Clerk will re- States’ nuclear forces. General Cart- Lehman—famous for his 600-ship port the amendment. wright published a report in May that Navy—always saying to me, if you The Clerk read as follows: concluded that zero intercontinental want to cut something, cut the sub- At the end of the bill (before the short ballistic missiles are necessary for our marines, and go ahead with the aircraft title) insert the following: nuclear deterrent or defense. The carriers and more airplanes because SEC. ll. The total amount of appropria- former commander of U.S. nuclear they’re conventional weapons and, tions made available by this Act is hereby forces doesn’t think we need ICBMs at therefore, more usable. reduced by $293,900,000. all. Mr. MARKEY. I thank the gen- The Acting CHAIR. The gentlewoman So reducing the number from 450 to tleman, and I yield back the balance of from California is recognized for 5 min- 300 still leaves more than enough mis- my time. utes. siles for an effective nuclear deterrent. Mr. FRELINGHUYSEN. Mr. Chair- Ms. WOOLSEY. Mr. Chairman, when- That’s still more than enough missiles man, I withdraw my point of order. ever we debate the Defense appropria- to annihilate any of our enemies over The Acting CHAIR. The gentleman’s tions bill, I feel like I’m living in an al- and over. It not only will turn our en- point of order is withdrawn. ternate universe, because the other 51 emies into rubble, but it will make Mr. FRELINGHUYSEN. I move to weeks of the year all I hear from my that rubble bounce and bounce and strike the last word. Republican colleagues is that the sky The Acting CHAIR. The gentleman bounce again. That’s how many nu- is falling and we have to rein in a def- from New Jersey is recognized for 5 clear weapons we would still have in icit that is wildly out of control. When minutes. it comes to the military budget, that reserve. Mr. FRELINGHUYSEN. Mr. Chair- That is a real savings, and that sav- rhetoric is nowhere to be heard and my man, normally the committee is given ings can be used for the NIH budget. friends in the majority become the big- the courtesy of seeing amendments The entire budget to find the cure for gest spenders of all. If cutting spending that come to the floor. This is the Alzheimer’s—5 million Americans have is a matter of such great urgency, then third time today, I believe, the gen- it—is $450 million a year. If we would I believe the Pentagon, which has been tleman from Massachusetts has shown just cut out these ICBMs—and that generously funded over the years, can a lack of courtesy in letting the com- leaves plenty left over—it would give pitch in its share. mittee have copies of his amendments. Why do the programs that Americans us enough money to almost double the Let me say, as a Nation, we still be- depend on for basic needs have to take budget to find a cure for something lieve in a nuclear deterrent. The last the budget hit? For example, under the that really is going to kill Americans, time I checked, there was bipartisan that really does terrify them in their Labor-HHS appropriations bill, the support for that. Both Mr. VISCLOSKY title X program is not just trimmed homes. and I serve on the Energy and Water but completely zeroed out. For more So I pray that the House will accept Subcommittee, and part of our juris- than 40 years, title X has been a life- this amendment and send us in the cor- diction is to make sure that the Presi- saving source of family planning serv- rect direction in which we should be dent of the United States, our Com- ices and preventive health care for mil- heading in terms of really protecting mander in Chief, verifies that we have lions and millions of low-income the American public. nuclear capabilities. The last time I Mr. DICKS. Will the gentleman women. PAP tests, breast exams, early checked, the administration was con- yield? detection of cervical cancer—uninsured ducting what we call a Nuclear Posture Mr. MARKEY. I yield to the gen- women depend on title X in order to re- Review relative to what our position tleman from Washington. ceive these vital services at clinics na- should be in negotiations with other Mr. DICKS. I want to compliment the tionwide. The proposed elimination of nuclear powers in terms of the type of gentleman on listening to what we dis- funding would be devastating to these weapons that are so critical to the nu- cussed in the last go-around and then women and to their families. clear triad. taking a hard look at land-based So, with all due respect to the gen- It’s critical to point out, Mr. Chair- ICBMs, which I believe have always tleman from Massachusetts, who re- man, by law, not a single penny of title been the most vulnerable part of the ferred to a lot of what we said as the X money is used to perform an abor- triad. The most invulnerable part, of fantasy land of our bill, it would be tion. If, however, you want to reduce course, is our ballistic missile sub- good, actually, for the Members of Con- unintended pregnancies, as the other marine—and bombers are second—but gress to have some facts from the Nu- side says it does, then there is no more the land-based ICBMs are vulnerable. clear Posture Review before we con- effective program than title X. Title X was signed into law by Presi- There is no question about that, and I sider something here which might put dent Nixon and has historically en- do believe we can reduce the amount of our Nation at risk. money we are spending on strategic I strongly oppose this amendment, joyed broad bipartisan support, at least forces. I think the focus should be, as and I urge my colleagues to do so as until the Republican Congress decided General Cartwright has suggested, on well. to launch a war on women. Now they reducing the ICBMs. I yield back the balance of my time. want to eliminate funding for the pro- So this is a way to start this debate, The Acting CHAIR. The question is gram completely. We spent just under and I am going to support the gentle- on the amendment offered by the gen- $294 million on title X last fiscal year. man’s amendment today. tleman from Massachusetts (Mr. MAR- To put things in perspective, Mr. Mr. MARKEY. I just want to note KEY). Chairman, that’s less than what we here that the gentleman from Wash- The question was taken; and the Act- spend on any given day to continue a ington State did pioneering work in ing Chair announced that the noes ap- failed military occupation of Afghani- the 1980s in identifying the vulnerabil- peared to have it. stan. ity of the land-based ICBM fleet. That Mr. MARKEY. Mr. Chairman, I de- Mr. Chairman, if we’re going to ask discussion continues even today out mand a recorded vote. poor women to give up all the benefits here on the House floor. The Acting CHAIR. Pursuant to they receive from title X, then I think Mr. DICKS. I recall—and you might clause 6 of rule XVIII, further pro- we can ask the Pentagon to give up the remember—that we had a great discus- ceedings on the amendment offered by exact same amount: $293 million. It’s sion about synergism, about the syn- the gentleman from Massachusetts will just so big, it makes my head spin. If ergy of the three legs of the triad giv- be postponed. we did that, we would be saving the

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11650 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 misguided elimination of title X. The Acting CHAIR. Pursuant to The Clerk read as follows: That’s what my amendment does, be- clause 6 of rule XVIII, further pro- At the end of the bill (before the short cause I believe women need to access ceedings on the amendment offered by title), insert the following: lifesaving health care at least as much the gentlewoman from California will SEC. ll. None of the funds made available as the military needs another $293 mil- be postponed. by this Act may be used to enter into a con- tract for UH–60 Leak Proof Drip Pans using lion. In fact, if my Republican col- AMENDMENT OFFERED BY MR. LOBIONDO procedures other than competitive proce- leagues truly believe that the Federal Mr. LOBIONDO. Mr. Chairman, I have dures (as defined in section 2302(2) of title 10, deficit represents a moral crisis de- an amendment at the desk. United States Code). manding sacrifice from everyone, then The Acting CHAIR. The Clerk will re- Mr. FLAKE (during the reading). Mr. I’m confident they’re going to support port the amendment. Chairman, I ask unanimous consent my amendment. The Clerk read as follows: that the reading be dispensed with. With that, I yield back the balance of At the end of the bill (before the short The Acting CHAIR. Is there objection my time. title), insert the following new section: to the request of the gentleman from Mr. YOUNG of Florida. Mr. Chair- SEC. lll. None of the funds made avail- Arizona? man, I rise in opposition to the amend- able by this Act may be used to operate an There was no objection. ment. unmanned aircraft system except in accord- The Acting CHAIR. The gentleman The Acting CHAIR. The gentleman is ance with the Fourth Amendment of the from Arizona is recognized for 5 min- Constitution. recognized for 5 minutes. utes. Mr. YOUNG of Florida. Mr. Chair- The Acting CHAIR. The gentleman Mr. FLAKE. This bill would prohibit man, I don’t know how many times from New Jersey is recognized for 5 the use of funds in the bill to enter into that I have said this on this floor and minutes. a contract with a company for leak- in the committee and to anyone that Mr. LOBIONDO. Mr. Chairman, the proof drip pans unless the contract is would listen: You cannot make your Fourth Amendment is unequivocal awarded using competitive procedures decisions on national defense based on that ‘‘the right of the people to be se- as defined by statute. politics. You can’t make your decision cure in their persons, houses, papers, A recent article by The New York based on national defense just on a and effects, against unreasonable Times highlights the story of a sole- number. And this number, by the way, searches, shall not be violated.’’ I’m a source contract being awarded to a for- on this similar amendment, has firm believer in this. I’m also a firm profit company to produce leak pans changed. Where is the commitment? believer in article I, section 8 of the used in Black Hawk helicopters oper- The policies and the investment in Constitution that Congress shall have ated by the U.S. Army. These pans, ac- our national defense must be based on the right to provide for the common cording to The New York Times, cost the real threat to our own security, to defense of the United States. There- $17,000 apiece, and in the last 3 years the security of the United States, to fore, I offer my amendment to ensure the Army has purchased $6.5 million of the security of our troops, and to the that no funding will be used to operate them. security of our allies and our interests, unmanned aerial systems, except those An Army spokesman is quoted in the whatever they might be. Stop and operations that are in accordance with article, saying, ‘‘Congress mandated a think. The threat has not diminished. the Fourth Amendment. leakproof transmission drip pan,’’ and The threat has not gone away. We need to make sure our citizens ex- that the contract was awarded without Did anybody happen to watch Iran’s plicitly understand that while funding competitive bids. exercises last week where they fired for these platforms is critical for our I think that we can all agree that short-range missiles, medium-range Nation’s intelligence activities, these any contract administered by the missiles, and long-range missiles? Iran normal operations will not conflict Army or any other Federal agency is moving to make itself a strong mili- with our constitutional protections should be awarded based on competi- tary capability nation. That is a against unreasonable searches. tive procedures, which are already threat. Their commentaries about the This language would ensure that codified in statute. United States and to the United there is no misperception about the De- While there are no line items for States, that’s a threat. We have got to partment’s use of these technologies, these pans included in the bill before us be careful. and I urge its adoption. or the accompanying report, the Times China is expanding its military, ex- Mr. YOUNG of Florida. Will the gen- reports that the Army has indicated panding its technology, and expanding tleman yield? that it ‘‘might get more pans if financ- its work in cyber. The threat is grow- Mr. LOBIONDO. I yield to the gen- ing is approved.’’ ing, and so this is not the time to re- tleman. The Department of Defense is already duce our capability, to reduce our read- Mr. YOUNG of Florida. Mr. Chair- in the process of slashing its budget. iness, to reduce our training, to reduce man, I rise in support of the amend- They are learning to do more with less in preparing our troops for whatever is ment. as Americans all over the country have required to defend the Nation that we Mr. DICKS. Will the gentleman had to do in the past several years. If a love so much. yield? competitor exists who will produce This amendment just can’t go, and I Mr. LOBIONDO. I yield to the gen- these pans for less than $17,000 apiece, strongly ask Members to oppose this tleman from Washington. we ought to make sure that they com- amendment and the message that it Mr. DICKS. Mr. Chairman, I have no pete for the project. would send around the world that we objection to the amendment. The amendment before us now would don’t care about the threat. We do care Mr. LOBIONDO. With that, Mr. not prohibit the procurement of these about the threat, and we are aware of Chairman, I yield back the balance of pans even if it is determined that there the threat, and we know what it could my time. is one company that can supply the mean to us. The Acting CHAIR. The question is Army with them—now, if there is only Mr. Chairman, I yield back the bal- on the amendment offered by the gen- one company—but it would ensure that ance of my time. tleman from New Jersey (Mr. LOBI- any purchase of these pans is done in a The Acting CHAIR. The question is ONDO). manner consistent with competitive on the amendment offered by the gen- The amendment was agreed to. procedures, putting to rest any notion tlewoman from California (Ms. WOOL- that Congress has mandated sole- b 2020 SEY). source contracts for private companies. The question was taken; and the Act- AMENDMENT OFFERED BY MR. FLAKE This is a good governance, common- ing Chair announced that the noes ap- Mr. FLAKE. Mr. Chairman, I have an sense amendment. peared to have it. amendment at the desk. I urge my colleagues to adopt it, and Ms. WOOLSEY. Mr. Chairman, I de- The Acting CHAIR. The Clerk will re- I look forward, if there is any objec- mand a recorded vote. port the amendment. tion—I think it’s a good government

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11651 amendment, but I would love to be SEC. ll. (a) PROHIBITION ON USE OF But let me just say, Mr. Chairman, able—I can’t reserve my time, but I FUNDS.—None of the funds made available by this is wholly unacceptable that we are would like to have a dialogue if some- this Act may be used for any account of the still just developing plans for the De- body has an issue with this amend- Department of Defense (other than accounts partment of Defense to have much its excluded by subsection (b)) in excess of the ment. amount made available for such account for fiscal house in order 5 years from now. Mr. DICKS. Will the gentleman fiscal year 2008, unless the financial state- This problem is not newly discovered yield? ments of the Department for fiscal year 2013 and further delay is really an abandon- Mr. FLAKE. I yield to the gen- are validated as ready for audit within 180 ment of our congressional duty, given tleman. days after the date of the enactment of this the enormous and increasing propor- Mr. DICKS. So what you are saying is Act. tion of Federal dollars going towards you have got to have a competitive (b) ACCOUNTS EXCLUDED.—The following ac- the defense budget. In the 1990s, Con- procedure. counts are excluded from the prohibition in subsection (a): gress was promised that these financial Mr. FLAKE. That’s correct. (1) Military personnel, reserve personnel, deficiencies would be solved by 1997. Mr. DICKS. This is, I think, what we and National Guard personnel accounts of This timeline then was delayed to 2007 tried to do a few years ago on defense- the Department of Defense. in the early 2000s. Given the Penta- related—with private companies is to (2) The Defense Health Program account. gon’s past failures to meet deadlines, have a competitive procedure, which I (c) VALIDATION DEFINED.—In this section, why should we believe the 2017 timeline agree with. I think the gentleman is the term ‘‘validation’’, with respect to the will be honored? right on this. I appreciate his amend- auditability of financial statements, means a Nearly 60 cents of every Federal dis- determination, following an examination, ment. that the financial statements comply with cretionary dollar now goes towards de- Mr. FLAKE. I thank the gentleman. generally accepted accounting principles and fense spending, and by the Pentagon’s I yield back the balance of my time. applicable laws and regulations and reflect own admission, they cannot properly Mr. YOUNG of Florida. Mr. Chair- reliable internal controls. account for how the money is spent. man, I rise in support of the amend- (d) WAIVER.—The President may waive sub- Can you imagine? We have nonprofit ment. section (a) with respect to a component or organizations that get shut down be- The Acting CHAIR. The gentleman is program of the Department if the President hind a few thousand dollars in unac- recognized for 5 minutes. certifies that applying the subsection to that countable funds. Mr. YOUNG of Florida. It has been a component or program would harm national security or members of the Armed Forces There is no doubt that these cir- long-standing practice put in place by who are in combat. cumstances have contributed to in- appropriations legislation years ago Ms. LEE of California (during the stances of waste, fraud, and abuse at that the contracts for these pans must reading). Mr. Chairman, I ask unani- the Pentagon, including more than $300 be awarded under a competitive proc- mous consent that the amendment be billion in major weapons cost overruns ess. In fact, the FY 2010 DOD appropria- considered as read. identified by the Government Account- tions bill required that the contract be The Acting CHAIR. Is there objection ability Office. competitive, and every year the Army to the request of the gentlewoman It’s time to finally do away with the holds an open competition where it from California? culture of unlimited spending and no asks all qualified companies to place a There was no objection. accountability at the Pentagon. Being bid. Mr. YOUNG of Florida. Mr. Chair- strong on defense does not mean hand- Therefore, Mr. Chairman, I don’t man, I reserve a point of order on the ing a free pass to irresponsible spend- think the amendment is necessary, but gentlelady’s amendment. ing. I believe it’s critical that the De- I do agree with what it does, and I ac- The Acting CHAIR. A point of order partment of Defense be not only pre- cept the amendment. is reserved. pared and validated as ready for an Mr. FLAKE. Will the gentleman The gentlewoman is recognized for 5 audit, but actually pass an audit. yield? minutes. Today I urge my colleagues to sup- Mr. YOUNG of Florida. I yield to the Ms. LEE of California. Mr. Chairman, port this amendment and take a first gentleman. I join with my esteemed colleague, step toward compelling the Depart- Mr. FLAKE. I thank the gentleman, Congresswoman JAN SCHAKOWSKY of Il- ment of Defense to act with urgency on and I know that we have made efforts linois, in offering an amendment which this matter. The financial reforms nec- in the past to make sure that these are hits really at the heart of the issue of essary to abide by basic accounting all competitively bid. fiscal responsibility. standards, laws, and regulations at the The reason I am bringing this amend- My amendment is short and to the Department of Defense cannot wait. ment is that the Army stated in this point. If enacted, it would freeze De- I deeply regret that my colleagues case that this contract was not com- partment of Defense programs at fiscal would invoke a point of order on an petitively bid. We just want to make year 2008 levels unless the financial issue of such vital importance to Con- sure, and that’s why I appreciate the statements of the Department of De- gress’ charge to conduct responsible gentleman accepting the amendment. fense for fiscal year 2013 are validated oversight on Federal expenditures. I Mr. YOUNG of Florida. We do under- as ready for audit within 6 months of wish that the Pentagon would be held stand that the law does exist that re- enactment of this act. to the same standards as nonprofit or- quires it, so we’re with you. This amendment would exempt mili- ganizations and those in business and Mr. FLAKE. Thank you. tary personnel, Reserve and National other entities responsible for respon- Mr. YOUNG of Florida. I yield back Guard personnel accounts, as well as sibly spending Federal dollars. the balance of my time. the Defense Health Program accounts I yield back the balance of my time. The Acting CHAIR. The question is from this potential funding freeze. It POINT OF ORDER on the amendment offered by the gen- also contains a waiver for any poten- Mr. YOUNG of Florida. Mr. Chair- tleman from Arizona (Mr. FLAKE). tial harm to national security or com- man, I make a point of order against The amendment was agreed to. bat forces. the amendment because it proposes to AMENDMENT OFFERED BY MS. LEE OF Now, some of my colleagues may change existing law and constitutes CALIFORNIA make the argument that the Depart- legislation in an appropriation bill and, Ms. LEE of California. Mr. Chairman, ment of Defense is making progress on therefore, violates clause 2 of rule XXI. I have an amendment at the desk. this issue in response to congressional The rule states in pertinent part: The Acting CHAIR. The Clerk will re- engagement. They might reference lan- ‘‘An amendment to a general appro- port the amendment. guage in recent Defense authorization priation bill shall not be in order if The Clerk read as follows: bills requiring DOD to develop and im- changing existing law.’’ At the end of the bill (before the short plement plans to achieve audit readi- The amendment grants new author- title), insert the following: ness by September 30, 2017. ity.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11652 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 I ask for a ruling from the Chair. $14.1 billion, or 67 percent. In constant The country, they say, just can’t afford The Acting CHAIR. Does any other 2005 dollars, costs increased to $32.2 bil- day care for children and adults, spe- Member wish to be heard on the point lion, an increase of 53 percent. cial services for people with disabil- of order? If not, the Chair will rule. In 2005, the Commission estimated ities, substance abuse assistance, low- The Chair finds that this amendment net annual recurring savings of $4.2 bil- income housing, home-delivered meals, imposes a new duty on the Secretary to lion and a 20-year net present value employment services, and other sup- validate certain data as ready for savings by 2025 of $36 billion. GAO’s port that people need when they have audit. The amendment therefore con- analysis shows annual recurring sav- fallen on hard times and what people stitutes legislation in violation of ings are now about $3.8 billion, a de- need when they’re working very hard clause 2 of rule XXI. The point of order crease of 9.5 percent, while the 20-year to become self-sufficient. That kind of is sustained and the amendment is not net present value savings are now compassion is too expensive, appar- in order. about $9.9 billion, a decrease of 73 per- ently. cent. As such, DOD will not recoup its But this week, when we’re deciding b 2030 up-front costs until at least 2018. how much to spend on our war ma- AMENDMENT OFFERED BY MR. WITTMAN Implementation of the 2005 BRAC chines and our Department of Defense Mr. WITTMAN. Mr. Chairman, I have round was officially completed on Sep- bureaucracy, the sky is the limit. an amendment at the desk. tember 15, 2011. This took 6 years to Money is no object. Well, those aren’t The Acting CHAIR. The Clerk will re- fully execute. Strategically, as we draw the values I was taught. That’s not the port the amendment. down from over 10 years of combat op- kind of country I want to live in. The Pentagon has received more than The Clerk read as follows: erations in the Middle East and shift its fair share of taxpayer dollars over our focus to balancing the Middle East At the end of the bill (before the short the years. And, frankly, they haven’t title), add the following new section: threat with the emerging security always been the most careful stewards SEC. ll. None of the funds made available issues and presence of forces in the by this Act may be used to propose, plan for, of the people’s money. They haven’t al- Asia-Pacific, additional rounds of ways had the best accountability and or execute an additional Base Realignment BRAC at this time cannot be justified. and Closure (BRAC) round. oversight. They haven’t always deliv- After 10 years of war and a substantial ered the best bang for the buck, Mr. The Acting CHAIR. The gentleman 2005 BRAC round, we now have a well- from Virginia is recognized for 5 min- Chairman. trained, battle-hardened, combat-test- Recent polling indicates that Ameri- utes. ed, efficient, streamlined all-volunteer cans overwhelmingly want defense Mr. WITTMAN. This amendment di- force that is now more joint than ever. cuts, but instead we’ve got a defense rects that none of the funds made This is simply not the time for an addi- spending bill that is larger than last available in this act may be used to tional BRAC round. year’s and larger than what the Presi- propose, plan for, or execute an addi- I yield back the balance of my time. dent requested. I say it’s time that the tional Base Realignment and Closure, Mr. YOUNG of Florida. Mr. Chair- Pentagon contribute its fair share. My or BRAC, round. During the House man, I rise in support of the amend- amendment calls for a $1.7 billion cut Armed Services Committee markup of ment. to Defense appropriations—an amount H.R. 4310 on May 9, a similar amend- The Acting CHAIR. The gentleman is equal to the cut we have asked of the ment passed with overwhelming bipar- recognized for 5 minutes. Social Services Block Grant program tisan support by a vote of 44–18, with 14 Mr. YOUNG of Florida. I want to as- for next year. of 27 Democrats voting in favor of a sociate myself with the remarks of Mr. If you believe that human dignity similar amendment. WITTMAN. He is right on. And I just and basic compassion are more impor- On February 27, 2012, I joined 41 fel- want to emphasize how strongly I tant than throwing money at wasteful low Members of Congress in signing a agree with what he has to say, and I weapons, then I hope that you will sup- bipartisan letter to President Obama strongly support this amendment. port my amendment. expressing our concerns over his ad- I yield back the balance of my time. I yield back the balance of my time. ministration’s announcement of the in- The Acting CHAIR. The question is Mr. YOUNG of Florida. Mr. Chair- tent to request two new rounds of on the amendment offered by the gen- man, I move to strike the last word. BRACs. Six House Armed Services Sub- tleman from Virginia (Mr. WITTMAN). The Acting CHAIR. The gentleman is committee chairmen signed this letter The amendment was agreed to. recognized for 5 minutes. Mr. YOUNG of Florida. Mr. Chair- also. AMENDMENT OFFERED BY MS. WOOLSEY man, I want to compliment the gentle- The 2005 BRAC is estimated to cost Ms. WOOLSEY. Mr. Chairman, I have $36 billion, and the taxpayers will not lady. She is certainly determined. This an amendment at the desk. is the third or fourth amendment on realize that net savings until 2018, at The Acting CHAIR. The Clerk will re- the earliest. Congress has robustly the same subject, just by changing the port the amendment. numbers. I’m not going to make the funded the military construction ac- The Clerk read as follows: counts over the past 3 years to accom- same arguments about the threat and At the end of the bill (before the short about the need to defend our country. modate the growing Army and Marine title), insert the following: Again, you have heard that many, Corps. Proposed new rounds of military SEC. ll. The total amount of appropria- many times. But it is serious. It is seri- base closures by the President will re- tions made available by this Act is hereby reduced by $1,700,000,000. ous. quire additional expenses in a time of The numbers keep changing. I don’t military spending reductions. More The Acting CHAIR. The gentlewoman know why they keep changing, but the BRAC rounds will cost more than it from California is recognized for 5 min- fact that they keep changing indicates saves in the near-term and negate the utes. to me that there’s not really a real de- value of deficit reduction. More BRAC Ms. WOOLSEY. Mr. Chairman, a few termination here on the number. But rounds will cost billions of dollars and months ago, the Republican majority there is a determination on my side thousands of jobs. passed their budget blueprint which, and from my viewpoint and, that is, According to the GAO in a study that unbelievably, called for the complete the threat cannot be ignored, the was concluded in March 2012, DOD’s fis- elimination, over 10 years’ time, of threat is growing, and this is not a cal year 2012 budget submission to Con- funding for the Social Services Block good amendment and I ask that our gress on BRAC 2005 shows that costs to Grant. This program is designed to Members oppose it. implement the BRAC recommenda- help people in desperate straits, people I yield back the balance of my time. tions grew from $21 billion originally who have fallen on hard times, people The Acting CHAIR. The question is estimated by the BRAC Commission in who need a hand up from their govern- on the amendment offered by the gen- 2005 dollars to about $35.1 billion in ment in their hour of need. But the ma- tlewoman from California (Ms. WOOL- current dollars, an increase of about jority said, Sorry, we can’t afford that. SEY).

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11653 The question was taken; and the Act- assemble, and pack the 40-millimeter Mr. BILBRAY. Mr. Chairman, this is ing Chair announced that the noes ap- ammunition. This state-of-the-art a very simple amendment. It just says peared to have it. equipment allows this work to be done you will not use Federal funds to tear Ms. WOOLSEY. Mr. Chairman, I de- safely, at a high-quality rate, and in a down the war memorial on Mount mand a recorded vote. cost-effective way for the taxpayers Soledad. It is very simple. It is basi- The Acting CHAIR. Pursuant to and the Army. cally a war memorial that was origi- clause 6 of rule XVIII, further pro- The Army’s budget request included nally built in honor of the veterans of ceedings on the amendment offered by 40-millimeter funding levels that are Korea. the gentlewoman from California will considered the minimum level nec- Mr. Chairman, when I was a young be postponed. essary to sustain our capability and teenager, a young child, I still remem- b 2040 the highly skilled workforce needed to ber as my father and I drove up the produce them. A reduction in funding coast from San Diego, he would point AMENDMENT OFFERED BY MR. POE OF TEXAS could result in a break in work that up at this memorial and say that is the Mr. POE of Texas. Mr. Chairman, I would result in lost capabilities, lost only war memorial to Korea. At the have an amendment at the desk. jobs, and delays and quality concerns time, I believed him. As far as I know, The Acting CHAIR. The Clerk will re- when the line is restarted. at that time, it was. Since then, the port the amendment. Mr. Chairman, I know we share a The Clerk read as follows: war memorial has been surrounded by commitment to maintaining the work- over 3,000 plaques; many show the Star At the end of the bill (before the short force, capabilities, and lines that title), insert the following: of David, many show crescents, and SEC. lll . The amounts otherwise pro- produce the 40-millimeter ammunition, many show crosses. But there are those vided in title IX of this Act are revised by re- and I very much appreciate your and that have taken offense to the fact ducing the amount made available for ‘‘Oper- Ranking Member DICKS’ work with me that this war memorial happened to be ation and Maintenance, Defense-Wide’’ and over the last several weeks. I look for- a cross, the universal sign of memorial. the amount under that heading for payments ward to continuing to work with you to All I have to say is that if we don’t to reimburse key cooperating nations for address this matter going forward so support this amendment not to tear logistical, military and other support by that we can ensure the final 2013 de- down this one memorial, then I ask $650,000,000, respectively. fense bill supports the 40-millimeter this body to be serious about the fact The Acting CHAIR. The gentleman ammunition workforce and supply that in the United States, we have over from Texas is recognized for 5 minutes. chain. 4 million crosses as memorials in this Mr. POE of Texas. I thank the Chair. I thank you for the cooperation. country. We have over 455,000 emblems I thank the chairman, and his staff Mr. YOUNG of Florida. Will the gen- that may be interpreted any way you especially, for working with me on this tleman yield? want. We have 40,000 Stars of David as amendment, which I would like to as- Mr. LOEBSACK. I yield to the gen- memorials on veteran property. In fact, sociate my previous remarks in a pre- tleman from Florida. in Normandy, England, Mexico City, vious amendment on Pakistan to this Mr. YOUNG of Florida. I thank the and Panama, we have 130,000 crosses or amendment. Basically the intent is to gentleman for his work on this impor- other symbols that might be projected cut half of the money that goes to tant issue. as being religious. Pakistan under title IX in this legisla- The gentleman is correct. Our Na- Sadly, what we’ve got going on in tion. tion’s ability to produce the 40-milli- San Diego is those who claim, in the Mr. YOUNG of Florida. Will the gen- meter ammunition is a critical readi- tleman yield? name of religious tolerance, to want to ness issue. I am very proud of the work destroy war memorials if anyone takes Mr. POE of Texas. I yield to the gen- that is done in Florida and other tleman from Florida. offense to this. All this says is we’re States to support production of this not going to tear down the 4 million Mr. YOUNG of Florida. I thank the ammunition. This is a matter of impor- gentleman for yielding. crosses on our veterans’ memorials tance to the readiness of the Army, and across this country and we’re not going I want to thank the gentleman for the readiness of all of our Armed working with us. As we discussed ear- to tear down or use any funds from this Forces is a matter of top priority to me budget to tear down the war memorial lier during our debate, we would work and it is a matter of great importance together to find a solution that would that stands on top of Mount Soledad at to both of our districts. La Jolla, San Diego, California. It’s be acceptable. You have done that, I I’m committed to ensuring that the very simple and very clear. congratulate you, and I support your funding necessary for production of 40- I hope that my colleagues can say, in amendment. millimeter ammunition in 2013 is avail- the spirit of tolerance, no one means to Mr. POE of Texas. I yield back the able and that the supply chain and go out and be so intolerant as to tear balance of my time. workforce associated with the 40-milli- down war memorials just because The Acting CHAIR. The question is meter ammunition remains strong. on the amendment offered by the gen- I look forward to working with the somebody may claim that it may have tleman from Texas (Mr. POE). gentleman from Iowa to ensure that a religious connotation. God knows we The amendment was agreed to. the final bill reflects that priority. don’t want to start tearing down those Mr. LOEBSACK. Mr. Chairman, I I thank the gentleman for yielding. 4 million crosses that exist today or move to strike the last word for the Mr. LOEBSACK. Mr. Chairman, I those thousands of Stars of David that purpose of engaging in a colloquy with yield back the balance of my time. proudly sit today on veterans’ and Fed- Chairman YOUNG. AMENDMENT OFFERED BY MR. BILBRAY eral property. The Acting CHAIR. The gentleman Mr. BILBRAY. Mr. Chairman, I have Mr. YOUNG of Florida. Will the gen- from Iowa is recognized for 5 minutes. an amendment at the desk. tleman yield? Mr. LOEBSACK. Mr. Chairman, as The Acting CHAIR. The Clerk will re- Mr. BILBRAY. I yield to the gen- you well know, 40-millimeter car- port the amendment. tleman from Florida. tridges provide sustained coverage for The Clerk read as follows: Mr. YOUNG of Florida. We are happy our ground troops and have played a At the end of the bill (before the short to support your amendment. significant role in providing protection title), add the following new section: Mr. BILBRAY. I appreciate it, Mr. for our troops in Afghanistan. They are SEC. ll. None of the funds made available Chairman, and I appreciate the minori- produced in a joint effort between the by this Act may be used to remove any por- ty’s consideration. Iowa Army Ammunition Plant, which I tion of the Mount Soledad Veterans Memo- With that, I yield back the balance of represent, and facilities in Florida, rial in San Diego, California. my time. Wisconsin, and several other States. The Acting CHAIR. The gentleman The Acting CHAIR. The question is In Iowa, 75 employees work on a from California is recognized for 5 min- on the amendment offered by the gen- state-of-the-art production line to load, utes. tleman from California (Mr. BILBRAY).

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11654 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 The amendment was agreed to. troops are coming back home with Mr. YOUNG of Florida. Mr. Chair- AMENDMENT OFFERED BY MS. LEE OF post-traumatic stress disorder, suicide man, in working with the administra- CALIFORNIA cases are rampant, and sadly, each day tion, the Department of Defense, and Ms. LEE of California. Mr. Chairman, we continue to hear more and more our commanders in the field in Afghan- I have an amendment at the desk. about our veterans and the terrible toll istan, we have come to a proper The Acting CHAIR. The Clerk will re- this has taken on their lives. amount to be funded for this purpose. port the amendment. Mr. Chairman, the costs of this war It’s already included in this bill. I The Clerk read as follows: are unacceptable, particularly when we think to change the formula now from At the end of the bill (before the short ask what the added benefit is of keep- one that has been agreed upon by the title), insert the following: ing our troops in Afghanistan through administration, the Defense Depart- SEC. ll. (a) Except as provided in sub- 2014. The war in Afghanistan has al- ment, and the commanders in the field section (b), appropriations made in title IX ready taken the lives of over 2,000 sol- who have the responsibility for oper- of this Act are hereby reduced in the amount diers, injured tens of thousands more, ating this entire Afghan operation, I of $20,843,869,000. and drained our treasury of over $500 just oppose this amendment. I think (b) The reduction in subsection (a) shall billion. And those costs will only go up it’s the wrong thing to do. not apply to the following accounts in title as we spend trillions of dollars on long- It’s very balanced. It’s agreed to by IX: the parties that have the responsi- (1) ‘‘Defense Health Program’’. term care for our veterans, which of (2) ‘‘Drug Interdiction and Counter-Drug course we must and we should do. bility. I just hope the Members will Activities, Defense’’. Instead of spending over $85 billion in vote ‘‘no.’’ (3) ‘‘Joint Improvised Explosive Device De- Afghanistan this next year, we should I yield back the balance of my time. feat Fund’’. restrict funding to the safe and respon- Ms. WOOLSEY. Mr. Chairman, I (4) ‘‘Office of the Inspector General’’. sible withdrawal of all of our troops move to strike the last word. The Acting CHAIR. The gentlewoman Ms. LEE of California (during the and use the tens of billions of dollars in from California is recognized for 5 min- reading). Mr. Chairman, I ask unani- savings right here at home, investing utes. mous consent that the amendment be in jobs and education and health care Ms. WOOLSEY. Mr. Chairman, I’m considered as read and printed in the and mental health care. proud to cosponsor the amendment of- RECORD. The situation on the ground in Af- fered by my friend from California. The Acting CHAIR. Is there objection ghanistan, whether we leave in 2013, If approved, this amendment would to the request of the gentlewoman 2014, or 2020, whether 100 more United accomplish two goals: One, to end this from California? States troops die or 1,000, let me just war, and two, to save the taxpayers $21 There was no objection. say, not an extra dollar should be spent billion, something I think both sides of The Acting CHAIR. The gentlewoman extending the decade-long war in Af- the aisle could agree on. is recognized for 5 minutes. ghanistan. We have the power of the Let’s be clear about what this Ms. LEE of California. Mr. Chairman, purse strings in this House. For those amendment really does. It fully funds a my amendment, once again, is very who believe that enough is enough, safe and responsible redeployment of straightforward. It reduces the over- they should vote for this amendment. our troops from Afghanistan. It’s not seas contingency operations account, As the daughter of a military vet- cut and run; it’s funding redeployment. which is currently funded at $85 billion, eran, I know firsthand the sacrifices The Afghan people do not want us by $21 billion. and the commitment involved with de- there. The American people don’t want fending our Nation. But the truth is b 2050 us there. Yet, we are spending $10 bil- that our troops have been put in an im- lion a month for a decade-long war That leaves $64 billion in reserves, possible situation; there is no military that’s failing to advance our national more than enough funds for the safe solution. It’s past time to end the war security objectives. and swift withdrawal of troops from Af- and bring our troops home. And quite Why would we want to continue down ghanistan. frankly, it is time to use these tax dol- this road, especially at such a great This amendment allows Congress the lars from ending the war to create jobs cost in blood and treasure? More than opportunity to stand squarely with the here at home and economic security for 2,000 servicemembers have been killed, war-weary American people who want the American people. It’s time to re- and $548 billion in taxpayer money has to bring our troops home. It is clear build America, and also to provide for been spent. that the American people have been far health care and, of course, as I said This amendment provides sufficient ahead of Congress in supporting an end earlier, the economic security of our funding to ensure that every man and to the war in Afghanistan. The call has troops. woman in uniform leaves Afghanistan been growing across this land to bring Today, once again, we have the op- safely. At that point, we can look away this war to an end, and it is past time portunity to stand with 7 out of 10 from defense spending to a national se- for the Congress to answer that call Americans who oppose the war in Af- curity policy based on the other two here today. ghanistan. The American people have Ds: diplomacy and development. We I want to thank all of the cosponsors made it clear that the war is no longer can turn away from military force and of this bipartisan amendment and all of worth fighting. And I’ll say it again, toward SMART Security, an agenda my colleagues who have worked on this not an extra day, not an extra dollar that keeps America safe by alleviating issue throughout the year and sup- should be spent extending the decade- human need and investing in human ported my legislation, H.R. 780, to re- long war in Afghanistan. capital in Afghanistan and around the sponsibly end the war in Afghanistan. I knew 10 years ago that this would developing world. Our brave troops have done every- be a war without end. I could not sup- Since 2004, Mr. Chairman, I have thing that was asked of them and port it then. More Members of Congress come to the House floor 437 times dur- more. Asking our troops to remain in are beginning to see that this was a ing Special Orders to call for an end to Afghanistan for another 2 years when blank check to wage war forever unless the wars in Afghanistan and Iraq. there is no indication that cir- we end it now. So after 11 years, yes, Since I am retiring at the end of this cumstances on the ground will change we should bring our troops home. We term, this will be my last debate and is unconscionable. can do that responsibly by voting last vote on defense spending. I hope it As we send our men and women in ‘‘yes’’ on the Lee amendment today. can be my legacy and yours to finally uniform back into danger on multiple I yield back the balance of my time. reorder our national security priorities tours, they are bearing an over- Mr. YOUNG of Florida. Mr. Chair- and put an end to the war in Afghani- whelming and unfair burden of sac- man, I move to strike the last word. stan. We owe it to the next generation, rifice while so many of us go on with The Acting CHAIR. The gentleman is and we owe it to Americans in Afghani- our daily lives. An alarming number of recognized for 5 minutes. stan, together.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11655 Let’s bring our troops home in a safe York City from the southern African four if we just let competition set the and responsible way. Let’s vote ‘‘yes’’ Americans who were brought up to do a wages. on Congresswoman LEE’s amendment. Federal building in that city back dur- The quality will be there. The gentle- I yield back the balance of my time. ing the Depression. man’s about to tell you that it’s not. I The Acting CHAIR. The question is b 2100 will tell you, if I spend my life in this, on the amendment offered by the gen- we meet specifications. The high qual- tlewoman from California (Ms. LEE). And in 1931 there was a Senator ity of the work is there. The question was taken; and the Act- James Davis of Pennsylvania and Rep- The other side of that’s just an argu- ing Chair announced that the noes ap- resentative Robert Bacon of New York, ment for union wage protectionism. We peared to have it. Long Island, who, I might add, decided need to protect the taxpayers. Ms. LEE of California. Mr. Chairman, that they wanted to protect the unions And the unions are fine. If they want I demand a recorded vote. in that locale, and so they brought this to organize, I encourage them doing so. The Acting CHAIR. Pursuant to legislation to Congress and passed it. It But they need to do so without Federal clause 6 of rule XVIII, further pro- has long been union scale, not pre- protection. Compete in the competitive ceedings on the amendment offered by vailing wage. And, yes, merit shop em- world on low bid like the rest of us, the gentlewoman from California will ployers have an opportunity to intro- where you have to meet the specifica- be postponed. duce those wages that they actually tions and the quality of work. AMENDMENT OFFERED BY MR. KING OF IOWA pay, the earned wages they actually Mr. Chairman, I urge the adoption of pay; but, in the end, it’s a formerly Mr. KING of Iowa. I have an amend- this amendment, and I yield back the smoke-filled room, people deciding it ment at the desk, Mr. Chairman. balance of my time. The Acting CHAIR. The Clerk will re- doesn’t cost us anything, if it raises Mr. DICKS. I rise in strong opposi- port the amendment. our bottom line, we all put our add of tion to the gentleman’s amendment. The Clerk read as follows: our margin on top of that. So we’d kind The Acting CHAIR. The gentleman of like to be able to outcompete the from Washington is recognized for 5 At the end of the bill (before the short rest of the industry for the opportunity title), add the following new section: minutes. SEC. ll. None of the funds made available to hire the workers that will receive Mr. DICKS. The House has spoken on in this Act may be used to administer the the highest pay. this issue repeatedly. There’s been a wage-rate requirements of subchapter IV of This is irresponsible on the part of a very substantial majority in favor of chapter 31 of title 40, United States Code, Congress that now we’re finding our- retaining Davis-Bacon and opposing with respect to any project or program fund- selves nearly $16 trillion in national the gentleman’s amendment. ed by this Act. debt. We have a budget crunch like Some Members continue to try to re- Mr. KING of Iowa (during the read- we’ve never seen. We’ve seen a Presi- peal Davis-Bacon, despite the House ing). Mr. Chairman, I ask unanimous dent that’s driven this national debt up record of supporting the protection on consent that the amendment be consid- about $1.33 trillion just in the last labor standards. I have been a longtime ered as read. budget that the President offered. And supporter of Davis-Bacon prevailing The Acting CHAIR. Is there objection we’re looking at taxpayers that have wage requirements. It helps ensure to the request of the gentleman from had enough. that local projects provide local jobs Iowa? We need a balanced budget amend- with affordable middle class wages. Mr. DICKS. I object. ment to the United States Constitu- The law protects the government The Acting CHAIR. Objection is tion. We don’t need irresponsible from contractors trying to win Federal heard. spending. We don’t need wage protec- contracts by bidding too low to attract The Clerk will continue reading. tionism. competent workers. And we have seen The Clerk continued to read. By the way, Senator Davis and Rep- time and time again where you have The Acting CHAIR. The gentleman is resentative Bacon were both Repub- prevailing wages. The State of Wash- recognized for 5 minutes. licans. They were two of the more mis- ington has its own prevailing wage Mr. KING of Iowa. Mr. Chairman, guided Republicans in the history of standard in our State; and we find that this is the Davis-Bacon limitation this country, and I regret that I, as an on these projects, you get better work amendment that I believe most Mem- Iowan, have to stand here and inform and the work is done at a higher qual- bers of this Congress have seen that ap- this body that it was Iowa President ity. plies to this appropriations bill. Herbert Hoover that signed the bill on So, again, I oppose this amendment. We have an existing code called the March 3, 1931. And as I said, we have had several Davis-Bacon Act. What it does is it re- I’m pledged to undo this, to repeal votes on this this year, and every time quires that any construction projects Davis-Bacon in the end, because we be- it’s been defeated. I hope that we can that have Federal dollars in them— lieve in competition. We’re a free and again defeat the King amendment. $2,000 or more—be constructed under fair competition country that believes I yield back the balance of my time. what the bill says are prevailing wages. in free markets. Mr. VISCLOSKY. I move to strike While prevailing wages in 1931 might I have listened to the gentleman the last word. have been a legitimate evaluation, from Massachusetts in the past who The Acting CHAIR. The gentleman today, it’s a federally mandated union has said that anytime that you have from Indiana is recognized for 5 min- scale determined by a formerly smoke- two consenting adults that are con- utes. filled room of people from the adminis- ducting any activity that doesn’t hurt Mr. VISCLOSKY. I appreciate the trative side and the construction side anyone else, they should be able to do recognition and would want to join of the industry. so without Federal interference. If with the ranking member, Mr. DICKS, I’ve spent my life in the construction that’s the case, tell me why I can’t in my strong opposition to the gentle- business. I’ve been involved in the con- climb in the seat of my son’s excavator man’s amendment. struction business since 1970, and I’ve and say, ‘‘Just pay me 10 bucks an We had a similar debate during the worked on all sides of this that I can hour, Dave. That’s enough. I need the consideration of the Energy and Water imagine. I’ve been a recipient of Davis- therapy to get away from this insanity bill. And one observation I would make Bacon wages; I’ve paid Davis-Bacon of this overspending government that is we do have a disparity in this coun- wages; and I’ve done a fair amount of we have here in this Congress.’’ try, and it continues to grow, despite reporting of those wages into the bu- So I urge the adoption of this wage how hard the average American works. reaucrats. limitation so that we can build five The problem today for that average This law is the last remaining Jim bases, not four; five barracks, not four; American is that for 1 hour’s worth of Crow law in the U.S. Code. It was writ- five military hospitals, not four. We work—it could be pushing paper, it ten to protect union workers in New can do five of everything instead of could be waiting tables at a diner, it

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11656 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 could be working at a steel mill, it ANNOUNCEMENT BY THE ACTING CHAIR Gohmert Luja´ n Renacci could be laying brick, it could be a con- The Acting CHAIR. Pursuant to Goodlatte Lummis Ribble Gosar Lynch Roby tractor, it could be a manager, it could clause 6 of rule XVIII, proceedings will Graves (GA) Mack Rohrabacher be a CEO—is less for 1 hour’s worth of now resume on those amendments on Griffith (VA) Maloney Royce human labor in the United States which further proceedings were post- Gutierrez Markey Ruppersberger today than it was in 1977 when I came poned, in the following order: Hanna Matheson Ryan (WI) Hartzler McClintock Sa´ nchez, Linda to Washington, D.C. on a congressional Amendment No. 4 by Ms. MCCOLLUM Heinrich McCollum T. staff. That is not the country my par- of Minnesota. Herrera Beutler McDermott Sanchez, Loretta Higgins McKinley ents left me. Amendment No. 2 by Mr. KINGSTON of Sarbanes Himes McNerney Schilling I think it is wrong to offer an amend- Georgia. Hinchey Meehan ment to further suppress the wages Schmidt An amendment by Mr. QUIGLEY of Il- Honda Meeks Schrader hardworking Americans are trying to linois. Huelskamp Mica Schwartz Huizenga (MI) Michaud earn to make sure that they can buy a The first amendment by Mr. COHEN of Schweikert Hurt Miller, Gary Sensenbrenner house, they can send their children to Tennessee. Israel Miller, George Serrano what are increasingly expensive public Jenkins Moran An amendment by Mr. POMPEO of Sherman Johnson (GA) Mulvaney institutions because of the lack of Southerland Kansas. Johnson (IL) Murphy (CT) State support for them, and who now Speier The first amendment by Mr. MARKEY Jordan Nadler Stearns hold retirement programs that are of Massachusetts. Keating Napolitano Sutton probably about 40 percent less in value An amendment by Mr. AMASH of Kind Neal Kingston Neugebauer Tierney than they were in 2007. Michigan. Tipton This is a bad amendment, and I Kinzinger (IL) Noem The second amendment by Mr. COHEN Kissell Olver Tonko strongly oppose it. of Tennessee. Kucinich Paul Towns I yield back the balance of my time. Labrador Paulsen Tsongas ICILLINE Ms. LEE of California. Mr. Chairman, An amendment by Mr. C of Lance Pelosi Van Hollen I move to strike the last word. Rhode Island. Langevin Perlmutter Vela´ zquez The first amendment by Ms. WOOL- Larsen (WA) Peters Walden The Acting CHAIR. The gentlewoman Walsh (IL) SEY of California. Latham Petri is recognized for 5 minutes. Levin Pingree (ME) Waxman Ms. LEE of California. Let me just The second amendment by Mr. MAR- LoBiondo Pompeo Webster say that I rise in strong opposition to KEY of Massachusetts. Loebsack Price (NC) Wilson (FL) The second amendment by Ms. WOOL- Lowey Quayle Woodall this amendment. Luetkemeyer Reed Young (IN) Some Members here continue to try SEY of California. to repeal Davis-Bacon, despite the The third amendment by Ms. WOOL- NOES—250 House being on record supporting the SEY of California. Adams Crowley Hinojosa protection of labor standards. The second amendment by Ms. LEE of Aderholt Cuellar Hochul All of us, or at least the majority of California. Alexander Culberson Holden Amodei Cummings Holt us, have been in support of prevailing ING An amendment by Mr. K of Iowa. Andrews Davis (CA) Hoyer wage requirements. It helps to ensure The Chair will reduce to 2 minutes Austria Davis (IL) Hultgren that local projects that provide local the time for any electronic vote after Baca Davis (KY) Hunter jobs have these jobs that have afford- the first vote in this series. Bachmann DeGette Issa able, middle class wages with benefits. Bachus Denham Johnson (OH) AMENDMENT NO. 4 OFFERED BY MS. MC COLLUM Barber DesJarlais Johnson, E. B. The law protects government from con- The Acting CHAIR. The unfinished Barletta Diaz-Balart Johnson, Sam tractors trying to win Federal con- business is the demand for a recorded Bartlett Dicks Jones tracts by bidding too low to attract Barton (TX) Doggett Kaptur vote on the amendment offered by the Berg Doyle Kelly competent workers. gentlewoman from Minnesota (Ms. Berkley Dreier Kildee This amendment should be opposed. MCCOLLUM) on which further pro- Berman Edwards King (IA) If we really want people to move to- Bishop (GA) Ellmers King (NY) ceedings were postponed and on which ward achieving middle class standards, Bishop (NY) Emerson Kline the noes prevailed by voice vote. Bishop (UT) Engel Lamborn if we want to keep the middle class The Clerk will redesignate the Blackburn Eshoo Landry with good jobs, good-paying jobs with Blumenauer Fattah Lankford amendment. benefits, then there is no way we Bonamici Fincher Larson (CT) The Clerk redesignated the amend- Bono Mack Fleischmann LaTourette should repeal Davis-Bacon. ment. Boswell Fleming Latta People are losing the American Boustany Flores Lee (CA) Dream quite quickly here in our own RECORDED VOTE Brooks Forbes Lewis (CA) country, unfortunately. And here we go The Acting CHAIR. A recorded vote Broun (GA) Fortenberry Lewis (GA) has been demanded. Brown (FL) Foxx Lipinski again trying to erode one of the basic Bucshon Frelinghuysen Lofgren, Zoe protections of working men and A recorded vote was ordered. Buerkle Fudge Long women. The vote was taken by electronic de- Burgess Gallegly Lucas So I hope we oppose this amendment, vice, and there were—ayes 166, noes 250, Burton (IN) Garamendi Lungren, Daniel Butterfield Gerlach E. maintain standards of prevailing wage not voting 15, as follows: Calvert Gingrey (GA) Manzullo for our workers, and ensure that they [Roll No. 472] Camp Gonzalez Marchant Canseco Gowdy Marino too have the opportunity to achieve AYES—166 the American Dream. Capito Granger Matsui Ackerman Cantor Deutch Capps Graves (MO) McCarthy (CA) I yield back the balance of my time. Altmire Carnahan Dingell Capuano Green, Al McCarthy (NY) The Acting CHAIR. The question is Amash Carney Dold Carson (IN) Green, Gene McCaul on the amendment offered by the gen- Baldwin Cassidy Donnelly (IN) Carter Griffin (AR) McGovern tleman from Iowa (Mr. KING). Barrow Castor (FL) Duffy Clarke (MI) Grijalva McHenry Bass (CA) Chabot Duncan (SC) Clarke (NY) Grimm McIntyre The question was taken; and the Act- Bass (NH) Chaffetz Duncan (TN) Cleaver Guinta McKeon ing Chair announced that the noes ap- Benishek Chandler Ellison Clyburn Guthrie McMorris peared to have it. Biggert Chu Farenthold Coble Hall Rodgers Mr. KING of Iowa. Mr. Chairman, I Bilbray Cicilline Farr Cohen Hanabusa Miller (FL) Bilirakis Clay Fitzpatrick Cole Harper Miller (MI) demand a recorded vote. Black Coffman (CO) Flake Conaway Harris Miller (NC) The Acting CHAIR. Pursuant to Bonner Connolly (VA) Frank (MA) Costa Hastings (FL) Moore clause 6 of rule XVIII, further pro- Brady (PA) Cooper Franks (AZ) Costello Hastings (WA) Murphy (PA) ceedings on the amendment offered by Brady (TX) Courtney Gardner Cravaack Hayworth Myrick Braley (IA) DeFazio Garrett Crawford Heck Nugent the gentleman from Iowa will be post- Buchanan DeLauro Gibbs Crenshaw Hensarling Nunes poned. Campbell Dent Gibson Critz Herger Nunnelee

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11657 Olson Roskam Terry The vote was taken by electronic de- Farenthold Landry Rivera Owens Ross (AR) Thompson (CA) vice, and there were—ayes 202, noes 216, Fincher Lankford Roe (TN) Palazzo Ross (FL) Thompson (MS) Fitzpatrick Latham Rogers (AL) Pallone Rothman (NJ) Thompson (PA) not voting 13, as follows: Fleischmann LaTourette Rogers (KY) Pascrell Roybal-Allard Thornberry [Roll No. 473] Fleming Latta Rogers (MI) Pastor (AZ) Runyan Tiberi Flores Lewis (CA) Rooney Pearce Rush Turner (NY) AYES—202 Forbes Lipinski Ros-Lehtinen Pence Ryan (OH) Turner (OH) Fortenberry Loebsack Roskam Peterson Scalise Ackerman Flake Nadler Foxx Long Upton Ross (AR) Pitts Schakowsky Alexander Frank (MA) Neal Franks (AZ) Lucas Visclosky Ross (FL) Platts Schiff Amash Fudge Neugebauer Frelinghuysen Luetkemeyer Walberg Runyan Poe (TX) Schock Andrews Garrett Noem Gallegly Mack Walz (MN) Baldwin Gibson Olver Ruppersberger Posey Scott (SC) Garamendi Manzullo Rush Price (GA) Scott (VA) Wasserman Barrow Goodlatte Owens Gardner Marino Schultz Bass (CA) Gosar Pascrell Ryan (OH) Quigley Scott, Austin Gerlach Matsui Scalise Rahall Scott, David Waters Becerra Graves (GA) Paul Gibbs McCarthy (CA) Schock Rangel Sessions Watt Benishek Griffin (AR) Pelosi Gingrey (GA) McCaul Scott (SC) Rehberg Shimkus West Berman Griffith (VA) Peters Gohmert McHenry Scott, Austin Reichert Shuler Westmoreland Bilbray Gutierrez Petri Gonzalez McIntyre Scott, David Richardson Shuster Whitfield Bishop (NY) Hastings (FL) Pingree (ME) Gowdy McKeon Bishop (UT) Heinrich Pitts Serrano Richmond Simpson Wilson (SC) Granger McMorris Blumenauer Herrera Beutler Price (NC) Sessions Rigell Sires Wittman Graves (MO) Rodgers Bonamici Higgins Quayle Shimkus Rivera Slaughter Wolf Green, Al Meehan Bonner Himes Quigley Shuler Roe (TN) Smith (NE) Womack Green, Gene Miller (FL) Rogers (AL) Smith (NJ) Bono Mack Hinchey Rehberg Grijalva Miller (MI) Shuster Woolsey Boustany Hochul Reichert Simpson Rogers (KY) Smith (TX) Yarmuth Grimm Miller (NC) Rogers (MI) Brady (TX) Holt Ribble Sires Smith (WA) Yoder Guinta Miller, George Rokita Stark Braley (IA) Honda Richmond Guthrie Moore Smith (NE) Young (AK) Rooney Stutzman Brooks Hoyer Roby Hall Murphy (CT) Smith (TX) Young (FL) Ros-Lehtinen Sullivan Broun (GA) Huelskamp Rohrabacher Hanabusa Murphy (PA) Smith (WA) Buchanan Huizenga (MI) Rokita Hanna Myrick Stutzman NOT VOTING—15 Burgess Hultgren Rothman (NJ) Harper Napolitano Sullivan Camp Hurt Roybal-Allard Akin Hahn Reyes Harris Nugent Thompson (CA) Capps Israel Royce Thompson (PA) Becerra Hirono Sewell Hartzler Nunes Capuano Jones Ryan (WI) Boren Jackson (IL) Hastings (WA) Nunnelee Thornberry Stivers Carnahan Jordan Sa´ nchez, Linda Cardoza Jackson Lee Hayworth Olson Turner (NY) Welch Carney Kaptur T. Conyers (TX) Heck Palazzo Turner (OH) Cassidy Keating Sanchez, Loretta Filner Polis Hensarling Pallone Visclosky Castor (FL) Kildee Sarbanes Herger Pastor (AZ) Walberg b 2135 Chabot Kind Schakowsky Hinojosa Paulsen Walz (MN) Chu King (IA) Schiff Holden Pearce Wasserman Mr. DAVIS of Kentucky, Ms. FUDGE, Cicilline Kingston Schilling Hunter Pence Schultz Mrs. MCCARTHY of New York, Messrs. Clarke (MI) Kucinich Schmidt Issa Perlmutter Watt Clarke (NY) Labrador Schrader Jenkins Peterson Welch RANGEL and BACHUS, Ms. Clay Lance Schwartz WASSERMAN SCHULTZ, Ms. ROY- Johnson (GA) Platts West Cleaver Langevin Schweikert Johnson (IL) Poe (TX) Westmoreland BAL-ALLARD, and Messrs. DOGGETT Clyburn Larsen (WA) Scott (VA) Johnson (OH) Pompeo Whitfield and SCHIFF changed their vote from Coffman (CO) Larson (CT) Sensenbrenner Johnson, E. B. Posey Wittman Cohen Lee (CA) Sherman ‘‘aye’’ to ‘‘no.’’ Johnson, Sam Price (GA) Womack Connolly (VA) Levin Slaughter Kelly Rahall Woodall Messrs. LUETKEMEYER, WEBSTER, Conyers Lewis (GA) Smith (NJ) King (NY) Rangel Yarmuth WALDEN, PRICE of North Carolina, Costello LoBiondo Southerland Kinzinger (IL) Reed Yoder SCHWEIKERT, COFFMAN of Colorado, Courtney Lofgren, Zoe Speier Kissell Renacci Young (AK) Crowley Lowey Stark Kline Richardson Young (FL) Ms. JENKINS, Ms. PELOSI, Messrs. ´ Culberson Lujan Stearns Lamborn Rigell Young (IN) NEUGEBAUER, RYAN of Wisconsin, Cummings Lummis Sutton YOUNG of Indiana, KEATING, Ms. Davis (CA) Lungren, Daniel Terry NOT VOTING—13 Davis (IL) E. Thompson (MS) Akin Hahn Polis CASTOR of Florida, and Messrs. RUP- DeFazio Lynch Tiberi Bachmann Hirono Reyes PERSBERGER, GARRETT, HURT, DeGette Maloney Tierney Boren Jackson (IL) Sewell DeLauro Marchant Tipton GOODLATTE and ISRAEL changed Cardoza Jackson Lee Stivers their vote from ‘‘no’’ to ‘‘aye.’’ Dent Markey Tonko Filner (TX) Deutch Matheson Towns So the amendment was rejected. Dicks McCarthy (NY) Tsongas ANNOUNCEMENT BY THE ACTING CHAIR The result of the vote was announced Dingell McClintock Upton The Acting CHAIR (during the vote). as above recorded. Doggett McCollum Van Hollen ´ There is 1 minute remaining. Stated for: Doyle McDermott Velazquez Dreier McGovern Walden b 2140 Mr. FILNER. Mr. Chair, on rollcall 472, I was Duffy McKinley Walsh (IL) away from the Capitol due to prior commit- Duncan (TN) McNerney Waters Mr. WOMACK changed his vote from Edwards Meeks Waxman ‘‘aye’’ to ‘‘no.’’ ments to my constituents. Had I been present, Ellison Mica Webster I would have voted ‘‘aye.’’ So the amendment was rejected. Emerson Michaud Wilson (FL) The result of the vote was announced AMENDMENT NO. 2 OFFERED BY MR. KINGSTON Eshoo Miller, Gary Wilson (SC) Farr Moran Wolf as above recorded. The Acting CHAIR. The unfinished Fattah Mulvaney Woolsey Stated for: business is the demand for a recorded Mr. FILNER. Mr. Chair, on rollcall 473, I was NOES—216 vote on the amendment offered by the away from the Capitol due to prior commit- gentleman from Georgia (Mr. KING- Adams Blackburn Cole ments to my constituents. Had I been present, STON) on which further proceedings Aderholt Boswell Conaway Altmire Brady (PA) Cooper I would have voted ‘‘aye.’’ were postponed and on which the noes Amodei Brown (FL) Costa AMENDMENT OFFERED BY MR. QUIGLEY prevailed by voice vote. Austria Bucshon Cravaack The Acting CHAIR. The unfinished The Clerk will redesignate the Baca Buerkle Crawford business is the demand for a recorded amendment. Bachus Burton (IN) Crenshaw Barber Butterfield Critz vote on the amendment offered by the The Clerk redesignated the amend- Barletta Calvert Cuellar gentleman from Illinois (Mr. QUIGLEY) ment. Bartlett Campbell Davis (KY) on which further proceedings were Barton (TX) Canseco Denham RECORDED VOTE Bass (NH) Cantor DesJarlais postponed and on which the noes pre- The Acting CHAIR. A recorded vote Berg Capito Diaz-Balart vailed by voice vote. has been demanded. Berkley Carson (IN) Dold The Clerk will redesignate the A recorded vote was ordered. Biggert Carter Donnelly (IN) amendment. Bilirakis Chaffetz Duncan (SC) The Acting CHAIR. This is a 2- Bishop (GA) Chandler Ellmers The Clerk redesignated the amend- minute vote. Black Coble Engel ment.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11658 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 RECORDED VOTE Kelly Murphy (PA) Schock vote on the first amendment offered by The Acting CHAIR. A recorded vote Kildee Myrick Schwartz the gentleman from Tennessee (Mr. Kind Nadler Schweikert has been demanded. King (IA) Neal Scott (SC) COHEN) on which further proceedings A recorded vote was ordered. King (NY) Neugebauer Scott (VA) were postponed and on which the noes The Acting CHAIR. This is a 2- Kingston Noem Scott, Austin prevailed by voice vote. Kinzinger (IL) Nugent minute vote. Scott, David The Clerk will redesignate the Kissell Nunes Sessions The vote was taken by electronic de- Kline Nunnelee Sherman amendment. vice, and there were—ayes 60, noes 359, Lamborn Olson Shimkus The Clerk redesignated the amend- not voting 12, as follows: Lance Olver Shuler ment. Landry Owens Shuster [Roll No. 474] Langevin Palazzo Simpson RECORDED VOTE AYES—60 Lankford Pallone Sires The Acting CHAIR. A recorded vote Larsen (WA) Pascrell Slaughter Amash Herrera Beutler Petri has been demanded. Larson (CT) Pastor (AZ) Smith (NE) Becerra Higgins Price (NC) Latham Paulsen Smith (NJ) A recorded vote was ordered. Benishek Hinojosa Quigley LaTourette Pearce Smith (TX) The Acting CHAIR. This will be a 2- Blumenauer Huelskamp Ribble Latta Pelosi Smith (WA) Bonamici Huizenga (MI) minute vote. Richmond Levin Pence Southerland Campbell Johnson (IL) Lewis (CA) Perlmutter The vote was taken by electronic de- Rohrabacher Stearns Carson (IN) Jones Lewis (GA) Pingree (ME) Sa´ nchez, Linda Stutzman vice, and there were—ayes 145, noes 273, Conyers Kucinich Lipinski Pitts T. Sullivan not voting 13, as follows: Cooper Labrador LoBiondo Platts Schakowsky Sutton Davis (IL) Lee (CA) Loebsack Poe (TX) [Roll No. 475] Schrader Terry DeFazio Lowey Lofgren, Zoe Pompeo Sensenbrenner Thompson (CA) AYES—145 DeGette Lummis Long Posey Serrano Thompson (MS) Dold Markey Lucas Price (GA) Altmire Gonzalez Miller, George Speier Thompson (PA) Duffy McClintock Luetkemeyer Quayle Baldwin Green, Al Moore Thornberry Duncan (TN) McCollum Stark Luja´ n Rahall Bass (CA) Green, Gene Murphy (CT) Tiberi Flake Miller (NC) Tipton Lungren, Daniel Rangel Becerra Grijalva Nadler Frank (MA) Miller, George Upton E. Reed Tierney Berkley Gutierrez Napolitano Garamendi Napolitano Van Hollen Lynch Rehberg Tonko Berman Hanna Neal Green, Gene Paul Vela´ zquez Mack Reichert Towns Bishop (NY) Heinrich Olver Griffith (VA) Peters Walden Maloney Renacci Tsongas Blumenauer Herrera Beutler Pallone Grijalva Peterson Manzullo Richardson Turner (NY) Bonamici Higgins Pascrell Marchant Rigell Turner (OH) Boswell Himes Paul NOES—359 Marino Rivera Visclosky Brady (PA) Hinchey Paulsen Ackerman Chabot Foxx Matheson Roby Walberg Braley (IA) Hinojosa Pelosi Adams Chaffetz Franks (AZ) Matsui Roe (TN) Walsh (IL) Buchanan Hochul Perlmutter Aderholt Chandler Frelinghuysen McCarthy (CA) Rogers (AL) Walz (MN) Butterfield Holt Peters Alexander Chu Fudge McCarthy (NY) Rogers (KY) Wasserman Capps Honda Pingree (ME) Altmire Cicilline Gallegly McCaul Rogers (MI) Schultz Capuano Israel Price (NC) Amodei Clarke (MI) Gardner McDermott Rokita Waters Carnahan Johnson (GA) Quigley Andrews Clarke (NY) Garrett McGovern Rooney Watt Carney Johnson (IL) Rahall Austria Clay Gerlach McHenry Ros-Lehtinen Waxman Carson (IN) Johnson, E. B. Reed Baca Cleaver Gibbs McIntyre Roskam Webster Castor (FL) Jones Rehberg Bachmann Clyburn Gibson McKeon Ross (AR) Welch Chu Keating Richmond Bachus Coble Gingrey (GA) McKinley Ross (FL) West Clarke (MI) Kildee Roybal-Allard Baldwin Coffman (CO) Gohmert McMorris Rothman (NJ) Westmoreland Clarke (NY) Kind Rush Barber Cohen Gonzalez Rodgers Roybal-Allard Whitfield Clay Kucinich Sa´ nchez, Linda Barletta Cole Goodlatte McNerney Royce Wilson (FL) Cleaver Lance T. Barrow Conaway Gosar Meehan Runyan Wilson (SC) Cohen Larsen (WA) Sarbanes Bartlett Connolly (VA) Gowdy Meeks Ruppersberger Wittman Conyers Larson (CT) Schakowsky Barton (TX) Costa Granger Mica Rush Wolf Cooper Latham Schwartz Bass (CA) Costello Graves (GA) Michaud Ryan (OH) Womack Crowley Lee (CA) Serrano Bass (NH) Courtney Graves (MO) Miller (FL) Ryan (WI) Woodall Cummings Levin Sherman Berg Cravaack Green, Al Miller (MI) Sanchez, Loretta Woolsey Davis (IL) Lewis (GA) Sires Berkley Crawford Griffin (AR) Miller, Gary Sarbanes Yarmuth DeFazio Loebsack Speier Berman Crenshaw Grimm Moore Scalise Yoder DeGette Lofgren, Zoe Stark Biggert Critz Guinta Moran Schiff Young (AK) DeLauro Lowey Thompson (CA) Bilbray Crowley Guthrie Mulvaney Schilling Young (FL) Dent Luja´ n Tierney Bilirakis Cuellar Gutierrez Murphy (CT) Schmidt Young (IN) Deutch Lummis Tonko Bishop (GA) Culberson Hall Dingell Lynch Towns Bishop (NY) Cummings Hanabusa NOT VOTING—12 Doggett Maloney Tsongas Bishop (UT) Davis (CA) Hanna Akin Hirono Reyes Doyle Markey Vela´ zquez Black Davis (KY) Harper Boren Jackson (IL) Sewell Duncan (TN) Matsui Wasserman Blackburn DeLauro Harris Cardoza Jackson Lee Stivers Edwards McCarthy (NY) Schultz Bonner Denham Hartzler Filner (TX) Ellison McCollum Waters Bono Mack Dent Hastings (FL) Hahn Polis Engel McDermott Watt Boswell DesJarlais Hastings (WA) Eshoo McGovern Waxman Boustany Deutch Hayworth ANNOUNCEMENT BY THE ACTING CHAIR Farr McKinley Welch Brady (PA) Diaz-Balart Heck The Acting CHAIR (during the vote). Fattah McNerney Wilson (FL) Brady (TX) Dicks Heinrich There is 1 minute remaining. Frank (MA) Meeks Woolsey Braley (IA) Dingell Hensarling Fudge Michaud Yarmuth Brooks Doggett Herger b 2145 Garamendi Miller (NC) Yoder Broun (GA) Donnelly (IN) Himes Brown (FL) Doyle Hinchey Mr. ELLISON changed his vote from NOES—273 Buchanan Dreier Hochul ‘‘aye’’ to ‘‘no.’’ Ackerman Berg Burton (IN) Bucshon Duncan (SC) Holden Ms. HERRERA BEUTLER changed Adams Biggert Calvert Buerkle Edwards Holt Aderholt Bilbray Camp Burgess Ellison Honda her vote from ‘‘no’’ to ‘‘aye.’’ Alexander Bilirakis Campbell Burton (IN) Ellmers Hoyer So the amendment was rejected. Amash Bishop (GA) Canseco Butterfield Emerson Hultgren The result of the vote was announced Amodei Bishop (UT) Cantor Calvert Engel Hunter Andrews Black Capito Camp Eshoo Hurt as above recorded. Austria Blackburn Carter Canseco Farenthold Israel Stated against: Baca Bonner Cassidy Cantor Farr Issa Mr. FILNER. Mr. Chair, on rollcall 474, I was Bachmann Bono Mack Chabot Capito Fattah Jenkins away from the Capitol due to prior commit- Bachus Boustany Chaffetz Capps Fincher Johnson (GA) Barber Brady (TX) Chandler Capuano Fitzpatrick Johnson (OH) ments to my constituents. Had I been present, Barletta Brooks Cicilline Carnahan Fleischmann Johnson, E. B. I would have voted ‘‘no.’’ Barrow Broun (GA) Clyburn Carney Fleming Johnson, Sam AMENDMENT OFFERED BY MR. COHEN Bartlett Brown (FL) Coble Carter Flores Jordan Barton (TX) Bucshon Coffman (CO) Cassidy Forbes Kaptur The Acting CHAIR. The unfinished Bass (NH) Buerkle Cole Castor (FL) Fortenberry Keating business is the demand for a recorded Benishek Burgess Conaway

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11659

Connolly (VA) Johnson (OH) Rivera AMENDMENT OFFERED BY MR. POMPEO Conyers Johnson, E. B. Richardson Costa Johnson, Sam Roby Cooper Johnson, Sam Richmond Costello Jordan Roe (TN) The Acting CHAIR. The unfinished Costa Kaptur Rigell Courtney Kaptur Rogers (AL) business is the demand for a recorded Costello Keating Rivera Cravaack Kelly Rogers (KY) vote on the amendment offered by the Courtney Kelly Roe (TN) Crawford King (IA) Rogers (MI) gentleman from Kansas (Mr. POMPEO) Crawford Kildee Rogers (KY) Crenshaw King (NY) Rohrabacher Crenshaw King (NY) Rogers (MI) Critz Kingston Rokita on which further proceedings were Critz Kingston Rooney Cuellar Kinzinger (IL) Rooney postponed and on which the noes pre- Crowley Kinzinger (IL) Ros-Lehtinen Culberson Kissell Ros-Lehtinen vailed by voice vote. Cuellar Kissell Roskam Davis (CA) Kline Roskam The Clerk will redesignate the Culberson Kline Ross (AR) Davis (KY) Labrador Ross (AR) Cummings Langevin Rothman (NJ) Denham Lamborn Ross (FL) amendment. Davis (CA) Larsen (WA) Roybal-Allard DesJarlais Landry Rothman (NJ) The Clerk redesignated the amend- Davis (IL) Larson (CT) Runyan Diaz-Balart Langevin Royce ment. Davis (KY) Latham Ruppersberger Dicks Lankford Runyan DeGette LaTourette Rush Dold LaTourette Ruppersberger RECORDED VOTE DeLauro Lee (CA) Ryan (OH) Donnelly (IN) Latta Ryan (OH) The Acting CHAIR. A recorded vote Dent Levin Sa´ nchez, Linda Dreier Lewis (CA) DesJarlais Lewis (CA) T. Ryan (WI) has been demanded. Duffy Lipinski Sanchez, Loretta Deutch Lewis (GA) Sanchez, Loretta Duncan (SC) LoBiondo Scalise A recorded vote was ordered. Diaz-Balart Lipinski Sarbanes Ellmers Long Schiff The Acting CHAIR. This will be a 2- Dicks LoBiondo Schakowsky Emerson Lucas Schilling minute vote. Dingell Loebsack Schiff Farenthold Luetkemeyer Schmidt Dold Lofgren, Zoe Schilling Fincher Lungren, Daniel Schock The vote was taken by electronic de- Donnelly (IN) Long Schock Fitzpatrick E. Schrader vice, and there were—ayes 137, noes 282, Doyle Lowey Schrader Flake Mack Schweikert Dreier Lucas Schwartz not voting 12, as follows: ´ Fleischmann Manzullo Scott (SC) Emerson Lujan Scott (VA) Fleming Marchant Scott (VA) [Roll No. 476] Engel Lungren, Daniel Scott, David Flores Marino Scott, Austin AYES—137 Eshoo E. Serrano Forbes Matheson Farr Scott, David Lynch Sessions Fortenberry McCarthy (CA) Adams Gardner Murphy (CT) Fattah Maloney Sherman Sensenbrenner Foxx McCaul Amash Garrett Neugebauer Fitzpatrick Marino Shimkus Sessions Franks (AZ) McClintock Amodei Gibbs Nugent Fleming Markey Shuler Shimkus Frelinghuysen McHenry Bachmann Gingrey (GA) Paul Flores Matheson Shuster Shuler Gallegly McIntyre Bachus Gohmert Paulsen Forbes Matsui Simpson Shuster Gardner McKeon Barton (TX) Goodlatte Pence Frank (MA) McCarthy (CA) Sires Simpson Garrett McMorris Bass (NH) Gosar Peters Franks (AZ) McCarthy (NY) Slaughter Slaughter Gerlach Rodgers Benishek Gowdy Peterson Frelinghuysen McCaul Smith (NE) Smith (NE) Gibbs Meehan Biggert Graves (GA) Petri Fudge McCollum Smith (NJ) Smith (NJ) Gibson Mica Black Graves (MO) Pitts Gallegly McDermott Smith (TX) Smith (TX) Gingrey (GA) Miller (FL) Bonner Griffith (VA) Poe (TX) Garamendi McGovern Smith (WA) Gohmert Miller (MI) Smith (WA) Boustany Gutierrez Pompeo Gerlach McIntyre Southerland Goodlatte Miller, Gary Southerland Brady (TX) Hensarling Posey Gibson McKeon Stark Gosar Moran Stearns Brooks Himes Price (GA) Gonzalez McNerney Sullivan Gowdy Mulvaney Stutzman Broun (GA) Hinojosa Quayle Granger Meehan Sutton Granger Murphy (PA) Sutton Buchanan Huelskamp Quigley Green, Al Meeks Thompson (CA) Graves (GA) Myrick Terry Bucshon Huizenga (MI) Reed Green, Gene Mica Thompson (MS) Graves (MO) Neugebauer Thompson (MS) Buerkle Hultgren Renacci Griffin (AR) Miller (FL) Thompson (PA) Griffin (AR) Noem Thompson (PA) Burgess Hurt Ribble Grijalva Miller (NC) Thornberry Griffith (VA) Nugent Thornberry Burton (IN) Jenkins Roby Grimm Miller, George Tiberi Grimm Nunes Tiberi Camp Johnson (IL) Rogers (AL) Guinta Moore Tierney Guinta Nunnelee Tipton Campbell Jones Rohrabacher Guthrie Moran Tipton Guthrie Olson Turner (NY) Canseco Jordan Rokita Hall Murphy (PA) Tonko Hall Owens Turner (OH) Cantor Kind Ross (FL) Hanabusa Myrick Towns Hanabusa Palazzo Upton Cassidy King (IA) Royce Hanna Nadler Tsongas Harper Pastor (AZ) Van Hollen Chabot Kucinich Ryan (WI) Harper Napolitano Turner (NY) Harris Pearce Visclosky Chaffetz Labrador Scalise Harris Neal Turner (OH) Hartzler Pence Walberg Coble Lamborn Schmidt Hartzler Noem Van Hollen Hastings (FL) Peterson Walden Cohen Lance Schweikert Hastings (FL) Nunes Vela´ zquez Hastings (WA) Petri Walsh (IL) Conaway Landry Scott (SC) Hastings (WA) Nunnelee Visclosky Hayworth Pitts Walz (MN) Cravaack Lankford Scott, Austin Hayworth Olson Wasserman Heck Platts Webster DeFazio Latta Sensenbrenner Heck Olver Schultz Hensarling Poe (TX) West Denham Luetkemeyer Speier Heinrich Owens Waters Herger Pompeo Westmoreland Doggett Lummis Stearns Herger Palazzo Watt Holden Posey Whitfield Duffy Mack Stutzman Herrera Beutler Pallone Waxman Hoyer Price (GA) Wilson (SC) Duncan (SC) Manzullo Terry Higgins Pascrell Welch Huelskamp Quayle Wittman Duncan (TN) Marchant Upton Hinchey Pastor (AZ) West Huizenga (MI) Rangel Wolf Edwards McClintock Walberg Hochul Pearce Whitfield Hultgren Reichert Womack Ellison McHenry Walden Holden Pelosi Wilson (FL) Hunter Renacci Woodall Ellmers McKinley Walsh (IL) Holt Perlmutter Wilson (SC) Hurt Ribble Young (AK) Farenthold McMorris Walz (MN) Honda Pingree (ME) Wittman Issa Richardson Young (FL) Fincher Rodgers Webster Hoyer Platts Wolf Jenkins Rigell Young (IN) Flake Michaud Westmoreland Hunter Price (NC) Womack Fleischmann Miller (MI) Woodall Israel Rahall Woolsey NOT VOTING—13 Fortenberry Miller, Gary Yoder Issa Rangel Yarmuth Foxx Mulvaney Young (IN) Akin Hirono Reyes Johnson (GA) Rehberg Young (AK) Johnson (OH) Reichert Young (FL) Boren Jackson (IL) Sewell NOES—282 Cardoza Jackson Lee Stivers Ackerman Bilbray Capuano NOT VOTING—12 Filner (TX) Sullivan Hahn Polis Aderholt Bilirakis Carnahan Akin Hirono Reyes Alexander Bishop (GA) Carney Boren Jackson (IL) Sewell Altmire Bishop (NY) Carson (IN) Cardoza Jackson Lee Stivers b 2149 Andrews Bishop (UT) Carter Filner (TX) Austria Blackburn Castor (FL) Hahn Polis So the amendment was rejected. Baca Blumenauer Chandler Baldwin Bonamici Chu ANNOUNCEMENT BY THE ACTING CHAIR The result of the vote was announced Barber Bono Mack Cicilline The Acting CHAIR (during the vote). as above recorded. Barletta Boswell Clarke (MI) Barrow Brady (PA) Clarke (NY) There are 30 seconds remaining. Stated for: Bartlett Braley (IA) Clay Mr. FILNER. Mr. Chair, on rollcall 475, I was Bass (CA) Brown (FL) Cleaver b 2154 away from the Capitol due to prior commit- Becerra Butterfield Clyburn Mr. POE of Texas changed his vote Berg Calvert Coffman (CO) ments to my constituents. Had I been present, Berkley Capito Cole from ‘‘no’’ to ‘‘aye.’’ I would have voted ‘‘aye.’’ Berman Capps Connolly (VA) So the amendment was rejected.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11660 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 The result of the vote was announced Barletta Gowdy Olson ANNOUNCEMENT BY THE ACTING CHAIR as above recorded. Barrow Granger Palazzo The Acting CHAIR (during the vote). Bartlett Graves (GA) Pastor (AZ) Stated for: Barton (TX) Graves (MO) Paulsen There are 30 seconds remaining. Mr. FILNER. Mr. Chair, on rollcall 476, I was Bass (NH) Green, Al Pearce away from the Capitol due to prior commit- Benishek Green, Gene Pence b 2158 Berg Griffin (AR) Perlmutter ments to my constituents. Had I been present, Berkley Griffith (VA) Peterson So the amendment was rejected. I would have voted ‘‘aye.’’ Biggert Grimm Petri The result of the vote was announced AMENDMENT OFFERED BY MR. MARKEY Bilbray Guinta Pitts as above recorded. Bilirakis Guthrie Platts The Acting CHAIR. The unfinished Bishop (GA) Hall Poe (TX) Stated for: business is the demand for a recorded Bishop (UT) Hanabusa Pompeo Mr. FILNER. Mr. Chair, on rollcall 477, I was vote on the first amendment offered by Black Hanna Posey away from the Capitol due to prior commit- the gentleman from Massachusetts Blackburn Harper Price (GA) Bonner Harris Quayle ments to my constituents. Had I been present, (Mr. MARKEY) on which further pro- Bono Mack Hartzler Reed I would have voted ‘‘aye.’’ ceedings were postponed and on which Boustany Hastings (WA) Rehberg AMENDMENT OFFERED BY MR. AMASH the noes prevailed by voice vote. Brady (TX) Hayworth Reichert The Acting CHAIR. The unfinished The Clerk will redesignate the Brooks Heck Renacci Broun (GA) Hensarling Ribble business is the demand for a recorded amendment. Brown (FL) Herger Richardson vote on the amendment offered by the The Clerk redesignated the amend- Buchanan Huelskamp Richmond gentleman from Michigan (Mr. AMASH) ment. Bucshon Hultgren Rigell Buerkle Hunter Rivera on which further proceedings were RECORDED VOTE Burgess Hurt Roby postponed and on which the ayes pre- The Acting CHAIR. A recorded vote Burton (IN) Issa Roe (TN) vailed by voice vote. has been demanded. Butterfield Jenkins Rogers (AL) The Clerk will redesignate the Calvert Johnson (IL) Rogers (KY) A recorded vote was ordered. Camp Johnson (OH) Rogers (MI) amendment. The Acting CHAIR. This will be a 2- Campbell Johnson, E. B. Rohrabacher The Clerk redesignated the amend- minute vote. Canseco Johnson, Sam Rokita ment. The vote was taken by electronic de- Cantor Jordan Rooney Capito Kaptur Ros-Lehtinen RECORDED VOTE vice, and there were—ayes 150, noes 268, Carson (IN) Kelly Roskam The Acting CHAIR. A recorded vote not voting 13, as follows: Carter King (IA) Ross (AR) has been demanded. [Roll No. 477] Cassidy King (NY) Ross (FL) Chabot Kingston Royce A recorded vote was ordered. AYES—150 Chaffetz Kinzinger (IL) Runyan The Acting CHAIR. This will be a 2- Ackerman Gibson Olver Chandler Kissell Ruppersberger minute vote. Amash Gonzalez Owens Clyburn Kline Ryan (OH) The vote was taken by electronic de- Coble Lamborn Ryan (WI) Andrews Grijalva Pallone vice, and there were—ayes 186, noes 233, Bachmann Gutierrez Pascrell Coffman (CO) Lance Scalise Baldwin Hastings (FL) Paul Cole Landry Schilling not voting 12, as follows: Bass (CA) Heinrich Pelosi Conaway Lankford Schmidt [Roll No. 478] Becerra Herrera Beutler Costa Larsen (WA) Schock Peters AYES—186 Berman Higgins Pingree (ME) Costello Latham Schweikert Bishop (NY) Himes Price (NC) Cravaack LaTourette Scott (SC) Adams Dreier Kingston Blumenauer Hinchey Quigley Crawford Latta Scott, Austin Aderholt Duffy Kinzinger (IL) Bonamici Hinojosa Rahall Crenshaw Lewis (CA) Scott, David Alexander Duncan (SC) Kline Boswell Hochul Rangel Cuellar Lipinski Sensenbrenner Amash Duncan (TN) Labrador Brady (PA) Holden Rothman (NJ) Culberson LoBiondo Sessions Amodei Ellmers Lamborn Braley (IA) Holt Roybal-Allard Davis (KY) Long Shimkus Austria Farenthold Landry Capps Honda Rush Denham Lucas Shuler Bachmann Fincher Lankford Capuano Hoyer Sa´ nchez, Linda Dent Luetkemeyer Shuster Bachus Flake Latta Carnahan Huizenga (MI) T. DesJarlais Lummis Simpson Barletta Fleischmann Long Carney Israel Sanchez, Loretta Diaz-Balart Lungren, Daniel Smith (NE) Bartlett Fleming Lucas Castor (FL) Johnson (GA) Sarbanes Dicks E. Smith (NJ) Bass (NH) Foxx Luetkemeyer Chu Jones Dold Smith (TX) Schakowsky Mack Benishek Franks (AZ) Lummis Cicilline Keating Donnelly (IN) Manzullo Southerland Schiff Berg Frelinghuysen Lungren, Daniel Clarke (MI) Kildee Dreier Marchant Stearns Biggert Gallegly Schrader E. Clarke (NY) Kind Duffy Marino Stutzman Bilirakis Gardner Mack Schwartz Clay Kucinich Duncan (SC) McCarthy (CA) Sullivan Black Garrett Manzullo Scott (VA) Cleaver Labrador Ellmers McCarthy (NY) Terry Blackburn Gerlach Marchant Serrano Cohen Langevin Emerson McCaul Thompson (MS) Bonner Gibbs Marino Sherman Connolly (VA) Larson (CT) Engel McClintock Thompson (PA) Bono Mack Gingrey (GA) McCarthy (CA) Sires Conyers Lee (CA) Farenthold McHenry Thornberry Boustany Gohmert McCaul Slaughter Cooper Levin Fincher McIntyre Tiberi Brady (TX) Goodlatte McClintock Smith (WA) Courtney Lewis (GA) Fitzpatrick McKeon Tipton Brooks Gosar McHenry Speier Critz Loebsack Flake McKinley Turner (NY) Broun (GA) Gowdy McKeon Stark Crowley Lofgren, Zoe Fleischmann McMorris Turner (OH) Buchanan Graves (GA) McMorris Sutton Cummings Lowey Fleming Rodgers Visclosky Bucshon Graves (MO) Rodgers Thompson (CA) Davis (CA) Luja´ n Flores McNerney Walberg Buerkle Griffin (AR) Mica Tierney Davis (IL) Lynch Forbes Meehan Walsh (IL) Burgess Griffith (VA) Miller (FL) Tonko DeFazio Maloney Fortenberry Meeks Webster Burton (IN) Guinta Miller, Gary Towns DeGette Markey Foxx Mica West Calvert Guthrie Mulvaney Upton DeLauro Matheson Franks (AZ) Miller (FL) Westmoreland Camp Hall Murphy (PA) Van Hollen Deutch Matsui Frelinghuysen Miller (MI) Whitfield Campbell Hanna Neugebauer Vela´ zquez Dingell McCollum Gallegly Miller, Gary Wilson (SC) Canseco Harper Noem Walden Doggett McDermott Gardner Moran Wittman Cantor Harris Nugent Walz (MN) Doyle McGovern Garrett Murphy (PA) Wolf Cassidy Hastings (WA) Olson Wasserman Duncan (TN) Michaud Gerlach Myrick Womack Chabot Hayworth Palazzo Schultz Edwards Miller (NC) Gibbs Neugebauer Woodall Chaffetz Hensarling Paul Ellison Miller, George Waters Gingrey (GA) Noem Yoder Coble Herger Paulsen Eshoo Moore Watt Gohmert Nugent Young (AK) Cole Herrera Beutler Pearce Farr Mulvaney Waxman Goodlatte Nunes Young (FL) Conaway Huelskamp Pence Fattah Murphy (CT) Welch Gosar Nunnelee Young (IN) Cravaack Huizenga (MI) Peterson Frank (MA) Nadler Wilson (FL) Crawford Hultgren Petri Fudge Napolitano Woolsey NOT VOTING—13 Crenshaw Hurt Poe (TX) Garamendi Neal Yarmuth Davis (KY) Issa Pompeo Akin Hirono Reyes Denham Jenkins Posey NOES—268 Boren Jackson (IL) Sewell Dent Jones Price (GA) Adams Altmire Baca Cardoza Jackson Lee Stivers DesJarlais Jordan Quayle Aderholt Amodei Bachus Filner (TX) Tsongas Diaz-Balart Kelly Reed Alexander Austria Barber Hahn Polis Dold King (IA) Rehberg

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11661 Reichert Ryan (WI) Tipton Whitfield Wolf Yarmuth Kaptur Murphy (CT) Schrader Renacci Scalise Turner (OH) Wilson (FL) Woolsey Young (AK) Keating Nadler Scott (SC) Ribble Schmidt Walberg Kind Napolitano Scott (VA) NOT VOTING—12 Rigell Schock Walden Kissell Neal Scott, David Rivera Schweikert Walsh (IL) Akin Hirono Reyes Kucinich Neugebauer Sensenbrenner Roby Scott (SC) Webster Boren Jackson (IL) Sewell Labrador Olver Serrano Roe (TN) Sensenbrenner Westmoreland Cardoza Jackson Lee Stivers Lance Owens Sherman Rogers (AL) Sessions Wilson (SC) Filner (TX) Langevin Pallone Shuler Rogers (KY) Simpson Wittman Hahn Polis Larsen (WA) Pascrell Sires Larson (CT) Pastor (AZ) Slaughter Rohrabacher Smith (NE) Womack ANNOUNCEMENT BY THE ACTING CHAIR Rokita Smith (TX) Woodall Lee (CA) Paul Speier Levin Pelosi Ros-Lehtinen Southerland Yoder The Acting CHAIR (during the vote). Stark Lewis (GA) Perlmutter Roskam Stearns Young (FL) There are 30 seconds remaining. Stearns Loebsack Peters Ross (FL) Stutzman Young (IN) Stutzman Lofgren, Zoe Peterson Sutton Royce Thompson (PA) b 2201 Lowey Petri Thompson (CA) Luja´ n Pingree (ME) Mr. LEWIS of Georgia changed his Thompson (MS) NOES—233 Lummis Poe (TX) Tierney vote from ‘‘aye’’ to ‘‘no.’’ Lynch Posey Ackerman Gibson Nunes Tonko So the amendment was rejected. Maloney Price (GA) Altmire Gonzalez Nunnelee Towns Manzullo Price (NC) Andrews Granger Olver The result of the vote was announced Tsongas Markey Quigley Baca Green, Al Owens as above recorded. Upton Matsui Rahall Baldwin Green, Gene Pallone Stated against: Vela´ zquez Barber Grijalva Pascrell McCarthy (NY) Reed McClintock Ribble Visclosky Barrow Grimm Pastor (AZ) Mr. FILNER. Mr. Chair, on rollcall 478, I was McCollum Richardson Walberg Barton (TX) Gutierrez Pelosi away from the Capitol due to prior commit- McDermott Richmond Walden Bass (CA) Hanabusa Perlmutter ments to my constituents. Had I been present, Walsh (IL) Becerra Hartzler McGovern Rigell Peters I would have voted ‘‘no.’’ McIntyre Rohrabacher Walz (MN) Berkley Hastings (FL) Pingree (ME) Wasserman Berman Heck AMENDMENT OFFERED BY MR. COHEN McKinley Rokita Pitts McNerney Ross (AR) Schultz Bilbray Heinrich Platts The Acting CHAIR. The unfinished Meehan Ross (FL) Waters Bishop (GA) Higgins Price (NC) business is the demand for a recorded Meeks Rothman (NJ) Watt Bishop (NY) Himes Quigley Mica Roybal-Allard Waxman Bishop (UT) Hinchey vote on the second amendment offered Rahall Michaud Royce Webster Blumenauer Hinojosa by the gentleman from Tennessee (Mr. Rangel Miller (MI) Rush Welch Bonamici Hochul Richardson COHEN) on which further proceedings Miller (NC) Sa´ nchez, Linda Whitfield Boswell Holden Richmond were postponed and on which the noes Miller, George T. Wilson (FL) Brady (PA) Holt Rogers (MI) Moore Sanchez, Loretta Woolsey Braley (IA) Honda prevailed by voice vote. Rooney Moran Sarbanes Yarmuth Brown (FL) Hoyer The Clerk will redesignate the Ross (AR) Mulvaney Schakowsky Yoder Butterfield Hunter Rothman (NJ) amendment. Capito Israel The Clerk redesignated the amend- NOES—191 Capps Johnson (GA) Roybal-Allard Capuano Johnson (IL) Runyan ment. Aderholt Farenthold Latta Ruppersberger Carnahan Johnson (OH) RECORDED VOTE Alexander Fincher Lewis (CA) Rush Altmire Flake Lipinski Carney Johnson, E. B. The Acting CHAIR. A recorded vote Carson (IN) Johnson, Sam Ryan (OH) Amodei Fleischmann LoBiondo Carter Kaptur Sa´ nchez, Linda has been demanded. Austria Fleming Long Castor (FL) Keating T. A recorded vote was ordered. Bachmann Flores Lucas Chandler Kildee Sanchez, Loretta The Acting CHAIR. This will be a 2- Bachus Forbes Luetkemeyer Sarbanes Barber Franks (AZ) Lungren, Daniel Chu Kind minute vote. Cicilline King (NY) Schakowsky Barletta Frelinghuysen E. Clarke (MI) Kissell Schiff The vote was taken by electronic de- Barrow Gallegly Mack Berg Gardner Marchant Clarke (NY) Kucinich Schilling vice, and there were—ayes 228, noes 191, Berkley Garrett Marino Clay Lance Schrader not voting 12, as follows: Biggert Gerlach Matheson Cleaver Langevin Schwartz Bilbray Gibbs McCarthy (CA) Clyburn Larsen (WA) Scott (VA) [Roll No. 479] Bilirakis Gingrey (GA) McCaul Coffman (CO) Larson (CT) Scott, Austin AYES—228 Bishop (GA) Gonzalez McHenry Cohen Latham Scott, David Ackerman Clay Fortenberry Bishop (UT) Gosar McKeon Connolly (VA) LaTourette Serrano Adams Cleaver Foxx Black Gowdy McMorris Conyers Lee (CA) Sherman Amash Clyburn Frank (MA) Blackburn Granger Rodgers Cooper Levin Shimkus Andrews Coble Fudge Bonner Graves (MO) Miller (FL) Costa Lewis (CA) Shuler Baca Cohen Garamendi Bono Mack Griffin (AR) Miller, Gary Costello Lewis (GA) Shuster Baldwin Connolly (VA) Gibson Boustany Grimm Murphy (PA) Courtney Lipinski Sires Bartlett Conyers Gohmert Brady (TX) Guinta Myrick Critz LoBiondo Slaughter Barton (TX) Cooper Goodlatte Brown (FL) Guthrie Noem Crowley Loebsack Smith (NJ) Bass (CA) Costa Graves (GA) Bucshon Hall Nugent Cuellar Lofgren, Zoe Smith (WA) Bass (NH) Costello Green, Al Buerkle Harper Nunes Culberson Lowey Speier Becerra Courtney Green, Gene Burton (IN) Harris Nunnelee ´ Cummings Lujan Stark Benishek Critz Griffith (VA) Butterfield Hartzler Olson Davis (CA) Lynch Sullivan Berman Crowley Grijalva Calvert Hastings (WA) Palazzo Davis (IL) Maloney Sutton Bishop (NY) Cummings Gutierrez Canseco Hayworth Paulsen DeFazio Markey Terry Blumenauer Davis (CA) Hanabusa Cantor Heck Pearce DeGette Matheson Thompson (CA) Bonamici Davis (IL) Hanna Capito Hensarling Pence DeLauro Matsui Thompson (MS) Boswell DeFazio Hastings (FL) Carter Herger Pitts Deutch McCarthy (NY) Thornberry Brady (PA) DeGette Heinrich Cassidy Hunter Platts Dicks McCollum Tiberi Braley (IA) DeLauro Herrera Beutler Chabot Issa Pompeo Dingell McDermott Tierney Brooks DesJarlais Higgins Chaffetz Jenkins Quayle Doggett McGovern Broun (GA) Deutch Himes Coffman (CO) Johnson (OH) Rangel Tonko Donnelly (IN) McIntyre Buchanan Dicks Hinchey Cole Johnson, E. B. Rehberg Towns Doyle McKinley Burgess Doggett Hinojosa Conaway Johnson, Sam Reichert Tsongas Edwards McNerney Camp Dold Hochul Cravaack Jordan Renacci Ellison Meehan Turner (NY) Campbell Donnelly (IN) Holden Crawford Kelly Rivera Emerson Meeks Upton Capps Doyle Holt Crenshaw Kildee Roby Engel Michaud Van Hollen Capuano Duffy Honda Cuellar King (IA) Roe (TN) Eshoo Miller (MI) Vela´ zquez Carnahan Duncan (TN) Hoyer Culberson King (NY) Rogers (AL) Farr Miller (NC) Visclosky Carney Edwards Huelskamp Davis (KY) Kingston Rogers (KY) Fattah Miller, George Walz (MN) Carson (IN) Ellison Huizenga (MI) Denham Kinzinger (IL) Rogers (MI) Fitzpatrick Moore Wasserman Castor (FL) Emerson Hultgren Dent Kline Rooney Flores Moran Schultz Chandler Engel Hurt Diaz-Balart Lamborn Ros-Lehtinen Forbes Murphy (CT) Waters Chu Eshoo Israel Dingell Landry Roskam Fortenberry Myrick Watt Cicilline Farr Johnson (GA) Dreier Lankford Runyan Frank (MA) Nadler Waxman Clarke (MI) Fattah Johnson (IL) Duncan (SC) Latham Ruppersberger Fudge Napolitano Welch Clarke (NY) Fitzpatrick Jones Ellmers LaTourette Ryan (OH) Garamendi Neal West

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11662 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Ryan (WI) Smith (NE) Van Hollen McGovern Pingree (ME) Sherman Ruppersberger Shuster Turner (OH) Scalise Smith (NJ) West McIntyre Posey Sires Ryan (OH) Simpson Van Hollen Schiff Smith (TX) Westmoreland McKinley Price (GA) Slaughter Ryan (WI) Smith (NE) Walz (MN) Schilling Smith (WA) Wilson (SC) Michaud Quigley Speier Sarbanes Smith (NJ) Wasserman Schmidt Southerland Wittman Miller (MI) Rahall Stark Scalise Smith (TX) Schultz Schock Sullivan Wolf Miller, George Rangel Stearns Schakowsky Smith (WA) Waters Schwartz Terry Womack Moore Ribble Thompson (CA) Schiff Southerland Watt Schweikert Thompson (PA) Woodall Moran Richardson Tierney Schilling Stutzman Waxman Scott, Austin Thornberry Schmidt Sullivan West Young (AK) Mulvaney Richmond Towns Sessions Tiberi Schock Sutton Westmoreland Young (FL) Murphy (CT) Rigell Upton Shimkus Tipton ´ Schwartz Terry Whitfield Young (IN) Nadler Rohrabacher Velazquez Shuster Turner (NY) Napolitano Ross (FL) Visclosky Schweikert Thompson (MS) Wilson (SC) Simpson Turner (OH) Neal Roybal-Allard Walberg Scott (SC) Thompson (PA) Wittman Scott (VA) Thornberry Wolf NOT VOTING—12 Neugebauer Royce Walden Olver Rush Walsh (IL) Scott, Austin Tiberi Womack Akin Hirono Reyes Pallone Sa´ nchez, Linda Webster Scott, David Tipton Woodall Boren Jackson (IL) Sewell Pascrell T. Welch Sessions Tonko Young (AK) Cardoza Jackson Lee Stivers Paul Sanchez, Loretta Wilson (FL) Shimkus Tsongas Young (FL) Filner (TX) Peters Schrader Woolsey Shuler Turner (NY) Young (IN) Hahn Polis Peterson Sensenbrenner Yarmuth NOT VOTING—12 Petri Serrano Yoder Akin Hirono Reyes b 2206 NOES—270 Boren Jackson (IL) Sewell Mr. POE of Texas changed his vote Cardoza Jackson Lee Stivers Aderholt Donnelly (IN) Latham Filner (TX) from ‘‘no’’ to ‘‘aye.’’ Alexander Doyle LaTourette Hahn Polis So the amendment was agreed to. Altmire Dreier Latta The result of the vote was announced Amodei Duncan (SC) Levin ANNOUNCEMENT BY THE ACTING CHAIR Andrews Ellmers Lewis (CA) The Acting CHAIR (during the vote). as above recorded. Austria Emerson Lipinski Stated for: Baca Engel LoBiondo There are 30 seconds remaining. Mr. FILNER. Mr. Chair, on rollcall 479, I was Bachmann Farenthold Long Bachus Farr Lowey b 2209 away from the Capitol due to prior commit- Barber Fincher Lucas ments to my constituents. Had I been present, Barletta Fitzpatrick Luetkemeyer So the amendment was rejected. I would have voted ‘‘aye.’’ Barrow Flake Luja´ n The result of the vote was announced Barton (TX) Fleischmann Lungren, Daniel AMENDMENT OFFERED BY MR. CICILLINE Berg Fleming E. as above recorded. The Acting CHAIR. The unfinished Berkley Flores Lynch Stated for: business is the demand for a recorded Biggert Forbes Mack Mr. FILNER. Mr. Chair, on rollcall 480, I was Bilbray Fortenberry Marchant vote on the amendment offered by the Bilirakis Franks (AZ) Marino away from the Capitol due to prior commit- gentleman from Rhode Island (Mr. Bishop (GA) Frelinghuysen Matheson ments to my constituents. Had I been present, CICILLINE) on which further pro- Bishop (UT) Gallegly McCarthy (CA) I would have voted ‘‘aye.’’ ceedings were postponed and on which Black Gardner McCarthy (NY) Blackburn Garrett McCaul AMENDMENT OFFERED BY MS. WOOLSEY the noes prevailed by voice vote. Bonner Gerlach McDermott The Acting CHAIR. The unfinished The Clerk will redesignate the Bono Mack Gibbs McHenry business is the demand for a recorded amendment. Boustany Gingrey (GA) McKeon Brady (PA) Gonzalez McMorris vote on the first amendment offered by The Clerk redesignated the amend- Brady (TX) Gosar Rodgers the gentlewoman from California (Ms. ment. Brown (FL) Gowdy McNerney WOOLSEY) on which further proceedings RECORDED VOTE Buchanan Granger Meehan were postponed and on which the noes Bucshon Graves (MO) Meeks The Acting CHAIR. A recorded vote Buerkle Griffin (AR) Mica prevailed by voice vote. has been demanded. Burgess Grimm Miller (FL) The Clerk will redesignate the A recorded vote was ordered. Burton (IN) Guinta Miller (NC) amendment. Butterfield Guthrie Miller, Gary The Acting CHAIR. This will be a 2- Calvert Hall Murphy (PA) The Clerk redesignated the amend- minute vote. Camp Harper Myrick ment. The vote was taken by electronic de- Canseco Harris Noem RECORDED VOTE vice, and there were—ayes 149, noes 270, Cantor Hartzler Nugent Capito Hastings (FL) Nunes The Acting CHAIR. A recorded vote not voting 12, as follows: Carney Hastings (WA) Nunnelee has been demanded. [Roll No. 480] Carter Hayworth Olson A recorded vote was ordered. Cassidy Heck Owens AYES—149 Castor (FL) Heinrich Palazzo The Acting CHAIR. This will be a 2- Ackerman Costello Higgins Chabot Hensarling Pastor (AZ) minute vote. Adams Courtney Himes Chaffetz Herger Paulsen The vote was taken by electronic de- Amash Crowley Hinojosa Chandler Herrera Beutler Pearce vice, and there were—ayes 114, noes 302, Baldwin Cummings Hochul Cleaver Hinchey Pelosi Bartlett DeFazio Holt Clyburn Holden Pence not voting 15, as follows: Bass (CA) DeLauro Honda Coffman (CO) Hoyer Perlmutter [Roll No. 481] Bass (NH) DesJarlais Hurt Cohen Huelskamp Pitts Becerra Doggett Johnson (IL) Cole Huizenga (MI) Platts AYES—114 Benishek Duffy Johnson, E. B. Conaway Hultgren Poe (TX) Amash Crowley Himes Berman Duncan (TN) Jones Connolly (VA) Hunter Pompeo Baldwin DeFazio Hinojosa Bishop (NY) Edwards Keating Cooper Israel Price (NC) Barton (TX) DeGette Holt Blumenauer Ellison Kind Costa Issa Quayle Bass (CA) Deutch Honda Bonamici Eshoo Kucinich Cravaack Jenkins Reed Becerra Doyle Johnson (GA) Boswell Fattah Labrador Crawford Johnson (GA) Rehberg Benishek Duffy Johnson (IL) Braley (IA) Foxx Landry Crenshaw Johnson (OH) Reichert Blumenauer Duncan (TN) Jones Brooks Frank (MA) Langevin Critz Johnson, Sam Renacci Bonamici Edwards Keating Broun (GA) Fudge Larsen (WA) Cuellar Jordan Rivera Buchanan Ellison Kucinich Campbell Garamendi Larson (CT) Culberson Kaptur Roby Campbell Eshoo Labrador Capps Gibson Lee (CA) Davis (CA) Kelly Roe (TN) Capuano Farr Lance Capuano Gohmert Lewis (GA) Davis (IL) Kildee Rogers (AL) Carnahan Frank (MA) Larsen (WA) Carnahan Goodlatte Loebsack Davis (KY) King (IA) Rogers (KY) Castor (FL) Fudge Lee (CA) Carson (IN) Graves (GA) Lofgren, Zoe DeGette King (NY) Rogers (MI) Chu Garamendi Lewis (GA) Chu Green, Al Lummis Denham Kingston Rokita Clarke (MI) Gibson Lofgren, Zoe Cicilline Green, Gene Maloney Dent Kinzinger (IL) Rooney Clarke (NY) Goodlatte Maloney Clarke (MI) Griffith (VA) Manzullo Deutch Kissell Ros-Lehtinen Clay Graves (GA) Markey Clarke (NY) Grijalva Markey Diaz-Balart Kline Roskam Cleaver Green, Gene Matsui Clay Gutierrez Matsui Dicks Lamborn Ross (AR) Coble Griffith (VA) McClintock Coble Hanabusa McClintock Dingell Lance Rothman (NJ) Conyers Grijalva McCollum Conyers Hanna McCollum Dold Lankford Runyan Cooper Gutierrez McDermott

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11663 McGovern Pingree (ME) Speier Price (NC) Scalise Thornberry Ellison Lynch Sa´ nchez, Linda Michaud Quigley Stark Quayle Schiff Tiberi Eshoo Maloney T. Miller (MI) Rahall Stearns Reed Schilling Tipton Farr Markey Sanchez, Loretta Miller, George Rangel Stutzman Rehberg Schmidt Tonko Frank (MA) Matsui Sarbanes Moore Ribble Thompson (CA) Reichert Schock Turner (OH) Fudge McCollum Schakowsky Mulvaney Rohrabacher Tierney Renacci Schweikert Upton Garamendi McDermott Schiff Murphy (CT) Roybal-Allard Towns Richardson Scott (SC) Van Hollen Grijalva McGovern Schwartz Nadler Royce Tsongas Richmond Scott (VA) Walberg Gutierrez McNerney Scott (VA) Rigell Scott, Austin Napolitano Rush Vela´ zquez Walden Hastings (FL) Meeks Serrano Rivera Scott, David Neal Sa´ nchez, Linda Waters Walsh (IL) Heinrich Michaud Sires Roby Sessions Slaughter Olver T. Watt Walz (MN) Higgins Miller (NC) Roe (TN) Sherman Pallone Sarbanes Wasserman Himes Miller, George Smith (WA) Welch Rogers (AL) Shimkus Pascrell Schakowsky Schultz Hinchey Moore Speier Wilson (FL) Rogers (KY) Shuler Pastor (AZ) Schrader Waxman Hinojosa Moran Stark Woolsey Rogers (MI) Shuster Paul Schwartz Webster Holt Murphy (CT) Sutton Yarmuth Rokita Simpson Peters Sensenbrenner West Honda Nadler Thompson (CA) Yoder Rooney Sires Thompson (MS) Peterson Serrano Westmoreland Hoyer Napolitano Ros-Lehtinen Smith (NE) Israel Neal Tierney Petri Slaughter Whitfield Roskam Smith (NJ) Johnson (GA) Olver Tonko Wilson (SC) Ross (AR) Smith (TX) Jones Pallone Towns NOES—302 Wittman Ross (FL) Smith (WA) Kaptur Pascrell Tsongas Wolf Ackerman Denham Kaptur Rothman (NJ) Southerland Keating Paul Van Hollen Womack Adams Dent Kelly Runyan Sullivan Kildee Pelosi Vela´ zquez Aderholt DesJarlais Kildee Ruppersberger Sutton Woodall Kind Peters Visclosky Alexander Diaz-Balart Kind Ryan (OH) Terry Young (AK) Kucinich Pingree (ME) Walz (MN) Altmire Dicks King (IA) Ryan (WI) Thompson (MS) Young (FL) Langevin Price (NC) Wasserman Amodei Dingell King (NY) Sanchez, Loretta Thompson (PA) Young (IN) Larson (CT) Quigley Schultz Andrews Doggett Kingston NOT VOTING—15 Lee (CA) Rahall Waters Austria Dold Kinzinger (IL) Levin Rangel Watt Baca Donnelly (IN) Kissell Akin Hirono Sewell Lewis (GA) Richmond Waxman Bachmann Dreier Kline Boren Jackson (IL) Stivers Loebsack Rohrabacher Welch Bachus Duncan (SC) Lamborn Braley (IA) Jackson Lee Turner (NY) Lofgren, Zoe Roybal-Allard Wilson (FL) Barber Ellmers Landry Cardoza (TX) Visclosky Lowey Rush Woolsey Barletta Emerson Langevin Filner Polis Luja´ n Ryan (OH) Yarmuth Barrow Engel Lankford Hahn Reyes Bartlett Farenthold Larson (CT) NOES—283 Bass (NH) Fattah Latham ANNOUNCEMENT BY THE ACTING CHAIR Berg Fincher LaTourette The Acting CHAIR (during the vote). Ackerman Cooper Hall Berkley Fitzpatrick Latta Adams Costa Hanabusa Berman Flake Levin There are 30 seconds remaining. Aderholt Costello Hanna Biggert Fleischmann Lewis (CA) Alexander Cravaack Harper Bilbray Fleming Lipinski b 2213 Altmire Crawford Harris Bilirakis Flores LoBiondo Amash Crenshaw Hartzler Bishop (GA) Forbes Loebsack So the amendment was rejected. Amodei Critz Hastings (WA) Bishop (NY) Fortenberry Long The result of the vote was announced Andrews Cuellar Hayworth Bishop (UT) Foxx Lowey Austria Culberson Heck Black Franks (AZ) Lucas as above recorded. Baca Davis (KY) Hensarling Blackburn Frelinghuysen Luetkemeyer Stated for: Bachmann Denham Herger Bonner Gallegly Luja´ n Mr. FILNER. Mr. Chair, on rollcall 481, I was Bachus Dent Herrera Beutler Bono Mack Gardner Lummis Barber DesJarlais Hochul Boswell Garrett Lungren, Daniel away from the Capitol due to prior commit- Barletta Diaz-Balart Holden Boustany Gerlach E. ments to my constituents. Had I been present, Barrow Dingell Huelskamp Brady (PA) Gibbs Lynch I would have voted ‘‘aye.’’ Bartlett Dold Huizenga (MI) Brady (TX) Gingrey (GA) Mack Barton (TX) Donnelly (IN) Hultgren Brooks Gohmert Manzullo AMENDMENT OFFERED BY MR. MARKEY Bass (NH) Dreier Hunter Broun (GA) Gonzalez Marchant The Acting CHAIR. The unfinished Benishek Duffy Hurt Brown (FL) Gosar Marino business is the demand for a recorded Berg Duncan (SC) Issa Bucshon Gowdy Matheson Berkley Duncan (TN) Jenkins Buerkle Granger McCarthy (CA) vote on the second amendment offered Biggert Ellmers Johnson (IL) Burgess Graves (MO) McCarthy (NY) by the gentleman from Massachusetts Bilbray Emerson Johnson (OH) Burton (IN) Green, Al McCaul (Mr. MARKEY) on which further pro- Bilirakis Engel Johnson, E. B. Butterfield Griffin (AR) McHenry ceedings were postponed and on which Bishop (GA) Farenthold Johnson, Sam Calvert Grimm McIntyre Bishop (UT) Fattah Jordan Camp Guinta McKeon the noes prevailed by voice vote. Black Fincher Kelly Canseco Guthrie McKinley The Clerk will redesignate the Blackburn Fitzpatrick King (IA) Cantor Hall McMorris amendment. Bonner Flake King (NY) Capito Hanabusa Rodgers Bono Mack Fleischmann Kingston Capps Hanna McNerney The Clerk redesignated the amend- Boustany Fleming Kinzinger (IL) Carney Harper Meehan ment. Brady (TX) Flores Kissell Carson (IN) Harris Meeks RECORDED VOTE Brooks Forbes Kline Carter Hartzler Mica Broun (GA) Fortenberry Labrador Cassidy Hastings (FL) Miller (FL) The Acting CHAIR. A recorded vote Buchanan Foxx Lamborn Chabot Hastings (WA) Miller (NC) has been demanded. Bucshon Franks (AZ) Lance Chaffetz Hayworth Miller, Gary A recorded vote was ordered. Buerkle Frelinghuysen Landry Chandler Heck Moran Burgess Gallegly Lankford Cicilline Heinrich Murphy (PA) The Acting CHAIR. This is a 2- Burton (IN) Gardner Larsen (WA) Clyburn Hensarling Myrick minute vote. Butterfield Garrett Latham Coffman (CO) Herger Neugebauer The vote was taken by electronic de- Calvert Gerlach LaTourette Cohen Herrera Beutler Noem vice, and there were—ayes 136, noes 283, Camp Gibbs Latta Cole Higgins Nugent Campbell Gibson Lewis (CA) Conaway Hinchey Nunes not voting 12, as follows: Canseco Gingrey (GA) Lipinski Connolly (VA) Hochul Nunnelee [Roll No. 482] Cantor Gohmert LoBiondo Costa Holden Olson Capito Gonzalez Long Costello Hoyer Owens AYES—136 Carney Goodlatte Lucas Courtney Huelskamp Palazzo Baldwin Capuano Crowley Carson (IN) Gosar Luetkemeyer Cravaack Huizenga (MI) Paulsen Bass (CA) Carnahan Cummings Carter Gowdy Lummis Crawford Hultgren Pearce Becerra Castor (FL) Davis (CA) Cassidy Granger Lungren, Daniel Crenshaw Hunter Pelosi Berman Chu Davis (IL) Chabot Graves (GA) E. Critz Hurt Pence Bishop (NY) Cicilline DeFazio Chaffetz Graves (MO) Mack Cuellar Israel Perlmutter Blumenauer Clarke (MI) DeGette Chandler Green, Al Manzullo Culberson Issa Pitts Bonamici Clarke (NY) DeLauro Clyburn Green, Gene Marchant Cummings Jenkins Platts Boswell Clay Deutch Coble Griffin (AR) Marino Davis (CA) Johnson (OH) Poe (TX) Brady (PA) Cleaver Dicks Coffman (CO) Griffith (VA) Matheson Davis (IL) Johnson, E. B. Pompeo Braley (IA) Cohen Doggett Cole Grimm McCarthy (CA) Davis (KY) Johnson, Sam Posey Brown (FL) Conyers Doyle Conaway Guinta McCarthy (NY) DeLauro Jordan Price (GA) Capps Courtney Edwards Connolly (VA) Guthrie McCaul

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11664 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 McClintock Quayle Sherman Castor (FL) Johnson (GA) Pingree (ME) Lummis Pompeo Shuster McHenry Reed Shimkus Chu Johnson (IL) Quigley Lungren, Daniel Posey Simpson McIntyre Rehberg Shuler Clarke (MI) Jones Rahall E. Price (GA) Sires McKeon Reichert Shuster Clarke (NY) Keating Rangel Lynch Price (NC) Smith (NE) McKinley Renacci Simpson Clay Kucinich Ribble Mack Quayle Smith (NJ) McMorris Ribble Smith (NE) Cohen Labrador Rohrabacher Maloney Reed Smith (TX) Rodgers Richardson Smith (NJ) Conyers Lee (CA) Roybal-Allard Manzullo Rehberg Smith (WA) Meehan Rigell Smith (TX) Cooper Lewis (GA) Royce Marchant Reichert Southerland Mica Rivera Southerland Marino Renacci Cummings Lofgren, Zoe Rush Stutzman Miller (FL) Roby Stearns Matheson Richardson Davis (IL) Markey Sa´ nchez, Linda Sullivan Miller (MI) Roe (TN) Stutzman McCarthy (CA) Richmond DeFazio Matsui T. Sutton Miller, Gary Rogers (AL) Sullivan McCarthy (NY) Rigell DeGette McClintock Sarbanes Terry Mulvaney Rogers (KY) Terry McHenry Rivera Deutch McCollum Schakowsky Thompson (MS) Murphy (PA) Rogers (MI) Thompson (PA) McIntyre Roby Doyle McDermott Schrader Thompson (PA) Myrick Rokita Thornberry Duncan (TN) McGovern McKeon Roe (TN) Thornberry Neugebauer Rooney Tiberi Sensenbrenner McKinley Rogers (AL) Edwards Michaud Tiberi Noem Ros-Lehtinen Tipton Serrano McMorris Rogers (KY) Ellison Miller (MI) Tipton Nugent Roskam Turner (NY) Slaughter Rodgers Rogers (MI) Eshoo Miller, George Tonko Nunes Ross (AR) Turner (OH) Speier McNerney Rooney Farr Moore Turner (NY) Nunnelee Ross (FL) Upton Stark Meehan Ros-Lehtinen Frank (MA) Mulvaney Turner (OH) Olson Rothman (NJ) Walberg Stearns Meeks Roskam Fudge Murphy (CT) Upton Owens Royce Walden Garamendi Nadler Thompson (CA) Mica Ross (AR) Palazzo Runyan Walsh (IL) Tierney Miller (FL) Ross (FL) Van Hollen Goodlatte Napolitano Visclosky Pastor (AZ) Ruppersberger Webster Griffith (VA) Neal Towns Miller (NC) Rothman (NJ) Paulsen Ryan (WI) West Tsongas Miller, Gary Runyan Walberg Grijalva Olver Walden Pearce Scalise Westmoreland Gutierrez Pallone Vela´ zquez Moran Ruppersberger Pence Schilling Whitfield Waters Murphy (PA) Ryan (OH) Walsh (IL) Hastings (FL) Pascrell Walz (MN) Perlmutter Schmidt Wilson (SC) Himes Paul Watt Myrick Ryan (WI) Wasserman Peterson Schock Wittman Hinchey Pelosi Welch Neugebauer Sanchez, Loretta Schultz Petri Schrader Wolf Hinojosa Peters Wilson (FL) Noem Scalise Waxman Pitts Schweikert Womack Holt Peterson Woolsey Nugent Schiff Webster Platts Scott (SC) Woodall Honda Petri Yarmuth Nunes Schilling Poe (TX) Scott, Austin Yoder Nunnelee Schmidt West Westmoreland Pompeo Scott, David Young (AK) NOES—311 Olson Schock Posey Sensenbrenner Young (FL) Owens Schwartz Whitfield Price (GA) Sessions Young (IN) Ackerman Conaway Guinta Palazzo Schweikert Wilson (SC) Adams Connolly (VA) Guthrie Pastor (AZ) Scott (SC) Wittman NOT VOTING—12 Aderholt Costa Hall Paulsen Scott (VA) Wolf Akin Hirono Reyes Alexander Costello Hanabusa Pearce Scott, Austin Womack Boren Jackson (IL) Sewell Altmire Courtney Hanna Pence Scott, David Woodall Cardoza Jackson Lee Stivers Amodei Cravaack Harper Perlmutter Sessions Yoder Filner (TX) Andrews Crawford Harris Pitts Sherman Young (AK) Hahn Polis Austria Crenshaw Hartzler Platts Shimkus Young (FL) Baca Critz Hastings (WA) Poe (TX) Shuler Young (IN) ANNOUNCEMENT BY THE ACTING CHAIR Bachmann Crowley Hayworth The Acting CHAIR (during the vote). Bachus Cuellar Heck NOT VOTING—14 There are 30 seconds remaining. Barber Culberson Heinrich Akin Hirono Polis Barletta Davis (CA) Hensarling Boren Jackson (IL) Reyes Barrow Davis (KY) Herger Cardoza Jackson Lee Rokita b 2216 Bartlett DeLauro Herrera Beutler Filner (TX) Sewell Barton (TX) Denham Higgins Hahn McCaul Stivers So the amendment was rejected. Bass (NH) Dent Hochul The result of the vote was announced Berg DesJarlais Holden ANNOUNCEMENT BY THE ACTING CHAIR Berkley Diaz-Balart Hoyer The Acting CHAIR (during the vote). as above recorded. Berman Dicks Huelskamp Stated for: Biggert Dingell Huizenga (MI) There is 1 minute remaining. Mr. FILNER. Mr. Chair, on rollcall 482, I was Bilbray Doggett Hultgren b 2219 Bilirakis Dold Hunter away from the Capitol due to prior commit- Bishop (GA) Donnelly (IN) Hurt So the amendment was rejected. ments to my constituents. Had I been present, Bishop (NY) Dreier Israel The result of the vote was announced I would have voted ‘‘aye.’’ Bishop (UT) Duffy Issa Black Duncan (SC) Jenkins as above recorded. AMENDMENT OFFERED BY MS. WOOLSEY Blackburn Ellmers Johnson (OH) Stated for: The Acting CHAIR. The unfinished Bonner Emerson Johnson, E. B. Mr. FILNER. Mr. Chair, on rollcall 483, I was business is the demand for a recorded Bono Mack Engel Johnson, Sam Boswell Farenthold Jordan away from the Capitol due to prior commit- vote on the second amendment offered Boustany Fattah Kaptur ments to my constituents. Had I been present, by the gentlewoman from California Brady (PA) Fincher Kelly I would have voted ‘‘aye.’’ (Ms. WOOLSEY) on which further pro- Brady (TX) Fitzpatrick Kildee PERSONAL EXPLANATION ceedings were postponed and on which Brooks Flake Kind Broun (GA) Fleischmann King (IA) Ms. SCHWARTZ. Mr. Chair, during rollcall the noes prevailed by voice vote. Brown (FL) Fleming King (NY) vote No. 483 on H.R. 5856, I mistakenly re- The Clerk will redesignate the Buchanan Flores Kingston corded my vote as ‘‘no’’ when I should have amendment. Bucshon Forbes Kinzinger (IL) voted ‘‘aye.’’ The Clerk redesignated the amend- Buerkle Fortenberry Kissell Burgess Foxx Kline AMENDMENT OFFERED BY MS. WOOLSEY ment. Burton (IN) Franks (AZ) Lamborn The Acting CHAIR. The unfinished RECORDED VOTE Butterfield Frelinghuysen Lance Calvert Gallegly Landry business is the demand for a recorded The Acting CHAIR. A recorded vote Camp Gardner Langevin vote on the third amendment offered has been demanded. Canseco Garrett Lankford by the gentlewoman from California A recorded vote was ordered. Cantor Gerlach Larsen (WA) (Ms. WOOLSEY) on which further pro- The Acting CHAIR. This will be a 2- Capito Gibbs Larson (CT) Capps Gibson Latham ceedings were postponed and on which minute vote. Carney Gingrey (GA) LaTourette the noes prevailed by voice vote. The vote was taken by electronic de- Carter Gohmert Latta The Clerk will redesignate the vice, and there were—ayes 106, noes 311, Cassidy Gonzalez Levin Chabot Gosar Lewis (CA) amendment. not voting 14, as follows: Chaffetz Gowdy Lipinski The Clerk redesignated the amend- [Roll No. 483] Chandler Granger LoBiondo Cicilline Graves (GA) Loebsack ment. AYES—106 Cleaver Graves (MO) Long RECORDED VOTE Amash Benishek Campbell Clyburn Green, Al Lowey The Acting CHAIR. A recorded vote Baldwin Blumenauer Capuano Coble Green, Gene Lucas Bass (CA) Bonamici Carnahan Coffman (CO) Griffin (AR) Luetkemeyer has been demanded. Becerra Braley (IA) Carson (IN) Cole Grimm Luja´ n A recorded vote was ordered.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11665 The Acting CHAIR. This will be a 2- Kaptur Myrick Schrader The Clerk redesignated the amend- minute vote. Kelly Neugebauer Schwartz ment. Kildee Noem Schweikert The vote was taken by electronic de- Kind Nugent Scott (SC) RECORDED VOTE vice, and there were—ayes 91, noes 328, King (IA) Nunes Scott (VA) The Acting CHAIR. A recorded vote King (NY) Nunnelee not voting 12, as follows: Scott, Austin has been demanded. Kingston Olson Scott, David [Roll No. 484] Kinzinger (IL) Owens Sessions A recorded vote was ordered. AYES—91 Kissell Palazzo Sherman The Acting CHAIR. This will be a 2- Kline Pastor (AZ) Shimkus Amash Frank (MA) Olver Lamborn Paulsen minute vote. Shuler Baldwin Fudge Pallone Lance Pearce The vote was taken by electronic de- Shuster Bass (CA) Grijalva Pascrell Landry Pelosi Simpson vice, and there were—ayes 107, noes 312, Becerra Gutierrez Paul Langevin Pence Sires not voting 12, as follows: Benishek Hinojosa Peters Lankford Perlmutter Smith (NE) Blumenauer Holt Quigley Larson (CT) Peterson [Roll No. 485] Smith (NJ) Bonamici Honda Rahall Latham Petri Smith (TX) AYES—107 Braley (IA) Johnson (GA) Rangel LaTourette Pingree (ME) Smith (WA) Campbell Johnson (IL) Rohrabacher Latta Pitts Amash Fudge Olver Southerland Capuano Jones Roybal-Allard Levin Platts Baldwin Grijalva Pallone Carnahan Keating Stearns Royce Lewis (CA) Poe (TX) Bass (CA) Gutierrez Paul Carson (IN) Kucinich Stutzman Becerra Hanabusa Pingree (ME) Rush Lipinski Pompeo Castor (FL) Labrador Sullivan Benishek Higgins Price (NC) Sa´ nchez, Linda LoBiondo Posey Chu Larsen (WA) Blumenauer Himes Quigley T. Loebsack Price (GA) Sutton Clarke (MI) Lee (CA) Bonamici Hinchey Rangel Sarbanes Long Price (NC) Terry Clarke (NY) Lewis (GA) Boswell Hinojosa Richardson Sensenbrenner Lowey Quayle Thompson (MS) Clay Lofgren, Zoe Lucas Reed Braley (IA) Holt Richmond Serrano Thompson (PA) Cohen Maloney Luetkemeyer Rehberg Campbell Honda Rohrabacher Slaughter Thornberry Conyers Markey Luja´ n Reichert Capps Johnson (IL) Roybal-Allard Speier Tiberi Cooper Matsui Lummis Renacci Tipton Capuano Johnson, E. B. Rush Stark ´ Cummings McClintock Lungren, Daniel Ribble Tonko Carson (IN) Jones Sanchez, Linda Davis (IL) McCollum Thompson (CA) Chu Keating T. E. Richardson Turner (NY) DeFazio McGovern Tierney Cicilline Kucinich Sanchez, Loretta Lynch Richmond Turner (OH) DeGette Michaud Towns Clarke (MI) Larsen (WA) Schakowsky Mack Rigell Upton Deutch Miller (MI) Tsongas Clarke (NY) Larson (CT) Schrader Manzullo Rivera Van Hollen Doyle Miller, George Vela´ zquez Marchant Roby Clay Lee (CA) Scott (VA) Visclosky Duncan (TN) Moore Waters Marino Roe (TN) Cleaver Lewis (GA) Serrano Walberg Edwards Mulvaney Welch Matheson Rogers (AL) Clyburn Loebsack Slaughter Walden Ellison Nadler Wilson (FL) McCarthy (CA) Rogers (KY) Cohen Lofgren, Zoe Speier Walsh (IL) Eshoo Napolitano Woolsey McCarthy (NY) Rogers (MI) Conyers Maloney Stark Walz (MN) Farr Neal Yarmuth McCaul Rokita Crowley Markey Thompson (CA) McDermott Rooney Wasserman Cummings Matsui Thompson (MS) NOES—328 McHenry Ros-Lehtinen Schultz Davis (IL) McCollum Tierney Ackerman Chaffetz Gardner McIntyre Roskam Watt DeFazio McDermott Tonko Adams Chandler Garrett McKeon Ross (AR) Waxman DeGette McGovern Towns Aderholt Cicilline Gerlach McKinley Ross (FL) Webster DeLauro Meeks Tsongas Alexander Cleaver Gibbs McMorris Rothman (NJ) West Doyle Michaud Vela´ zquez Altmire Clyburn Gibson Rodgers Runyan Westmoreland Duncan (TN) Miller, George Visclosky Amodei Coble Gingrey (GA) McNerney Ruppersberger Whitfield Edwards Moore Waters Andrews Coffman (CO) Gohmert Meehan Ryan (OH) Wilson (SC) Ellison Moran Watt Austria Cole Gonzalez Meeks Ryan (WI) Wittman Eshoo Murphy (CT) Welch Baca Conaway Goodlatte Mica Sanchez, Loretta Wolf Farr Nadler Wilson (FL) Bachmann Connolly (VA) Gosar Miller (FL) Scalise Womack Fattah Napolitano Woolsey Bachus Costa Gowdy Miller (NC) Schakowsky Woodall Frank (MA) Neal Yarmuth Barber Costello Granger Miller, Gary Schiff Yoder Barletta Courtney Graves (GA) Moran Schilling Young (AK) NOES—312 Barrow Cravaack Graves (MO) Murphy (CT) Schmidt Young (FL) Ackerman Burton (IN) Dold Bartlett Crawford Green, Al Murphy (PA) Schock Young (IN) Adams Butterfield Donnelly (IN) Barton (TX) Crenshaw Green, Gene Aderholt Calvert Dreier Bass (NH) Critz Griffin (AR) NOT VOTING—12 Alexander Camp Duffy Berg Crowley Griffith (VA) Akin Hirono Reyes Altmire Canseco Duncan (SC) Berkley Cuellar Grimm Boren Jackson (IL) Sewell Amodei Cantor Ellmers Berman Culberson Guinta Cardoza Jackson Lee Stivers Andrews Capito Emerson Biggert Davis (CA) Guthrie Filner (TX) Austria Carnahan Engel Bilbray Davis (KY) Hall Hahn Polis Baca Carney Farenthold Bilirakis DeLauro Hanabusa Bachmann Carter Fincher Bishop (GA) Denham Hanna ANNOUNCEMENT BY THE ACTING CHAIR Bachus Cassidy Fitzpatrick Bishop (NY) Dent Harper The Acting CHAIR (during the vote). Barber Castor (FL) Flake Bishop (UT) DesJarlais Harris There is 1 minute remaining. Barletta Chabot Fleischmann Black Diaz-Balart Hartzler Barrow Chaffetz Fleming Blackburn Dicks Hastings (FL) b 2222 Bartlett Chandler Flores Bonner Dingell Hastings (WA) Barton (TX) Coble Forbes Bono Mack Doggett Hayworth So the amendment was rejected. Bass (NH) Coffman (CO) Fortenberry Boswell Dold Heck The result of the vote was announced Berg Cole Foxx Boustany Donnelly (IN) Heinrich as above recorded. Berkley Conaway Franks (AZ) Brady (PA) Dreier Hensarling Berman Connolly (VA) Frelinghuysen Brady (TX) Duffy Herger Stated for: Biggert Cooper Gallegly Brooks Duncan (SC) Herrera Beutler Mr. FILNER. Mr. Chair, on rollcall 484, I was Bilbray Costa Garamendi Broun (GA) Ellmers Higgins away from the Capitol due to prior commit- Bilirakis Costello Gardner Brown (FL) Emerson Himes Bishop (GA) Courtney Garrett Buchanan Engel Hinchey ments to my constituents. Had I been present, Bishop (NY) Cravaack Gerlach Bucshon Farenthold Hochul I would have voted ‘‘aye.’’ Bishop (UT) Crawford Gibbs Buerkle Fattah Holden AMENDMENT OFFERED BY MS. LEE OF Black Crenshaw Gibson Burgess Fincher Hoyer CALIFORNIA Blackburn Critz Gingrey (GA) Burton (IN) Fitzpatrick Huelskamp Bonner Cuellar Gohmert Butterfield Flake Huizenga (MI) The Acting CHAIR. The unfinished Bono Mack Culberson Gonzalez Calvert Fleischmann Hultgren business is the demand for a recorded Boustany Davis (CA) Goodlatte Camp Fleming Hunter vote on the second amendment offered Brady (PA) Davis (KY) Gosar Canseco Flores Hurt Brady (TX) Denham Gowdy Cantor Forbes Israel by the gentlewoman from California Brooks Dent Granger Capito Fortenberry Issa (Ms. LEE) on which further proceedings Broun (GA) DesJarlais Graves (GA) Capps Foxx Jenkins were postponed and on which the noes Brown (FL) Deutch Graves (MO) Carney Franks (AZ) Johnson (OH) prevailed by voice vote. Buchanan Diaz-Balart Green, Al Carter Frelinghuysen Johnson, E. B. Bucshon Dicks Green, Gene Cassidy Gallegly Johnson, Sam The Clerk will redesignate the Buerkle Dingell Griffin (AR) Chabot Garamendi Jordan amendment. Burgess Doggett Griffith (VA)

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11666 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Grimm Marchant Ross (AR) The Clerk will redesignate the Cicilline Israel Reichert Guinta Marino Ross (FL) Clarke (MI) Johnson (GA) Richardson Guthrie Matheson Rothman (NJ) amendment. Clarke (NY) Johnson (IL) Richmond Hall McCarthy (CA) Royce The Clerk redesignated the amend- Clay Johnson, E. B. Rivera Hanna McCarthy (NY) Runyan ment. Cleaver Kaptur Ros-Lehtinen Harper McCaul Ruppersberger Clyburn Keating Roskam Harris McClintock Ryan (OH) RECORDED VOTE Cohen Kelly Ross (AR) Hartzler McHenry Ryan (WI) The Acting CHAIR. A recorded vote Connolly (VA) Kildee Rothman (NJ) Hastings (FL) McIntyre Sarbanes has been demanded. Conyers Kind Roybal-Allard Hastings (WA) McKeon Scalise Cooper King (NY) Runyan Hayworth McKinley Schiff A recorded vote was ordered. Costa Kinzinger (IL) Ruppersberger Heck McMorris Schilling The Acting CHAIR. This will be a 2- Costello Kissell Rush Heinrich Rodgers Schmidt minute vote. Courtney Kucinich Ryan (OH) Hensarling McNerney Schock Cravaack Lance Ryan (WI) Herger Meehan Schwartz The vote was taken by electronic de- Critz Langevin Sa´ nchez, Linda Herrera Beutler Mica Schweikert vice, and there were—ayes 182, noes 235, Crowley Larsen (WA) T. Hochul Miller (FL) Scott (SC) not voting 14, as follows: Cuellar Larson (CT) Sanchez, Loretta Holden Miller (MI) Scott, Austin Cummings LaTourette Sarbanes Hoyer Miller (NC) Scott, David [Roll No. 486] Davis (CA) Lee (CA) Schakowsky Huelskamp Miller, Gary Sensenbrenner AYES—182 Davis (IL) Levin Schiff Huizenga (MI) Mulvaney Sessions DeFazio Lewis (GA) Schilling Hultgren Murphy (PA) Sherman Adams Garrett Myrick DeGette Lipinski Schmidt Hunter Myrick Shimkus Amash Gibbs Neugebauer DeLauro LoBiondo Schock Hurt Neugebauer Shuler Amodei Gingrey (GA) Noem Deutch Loebsack Schrader Israel Noem Shuster Austria Gohmert Nugent Diaz-Balart Lofgren, Zoe Schwartz Issa Nugent Simpson Bachmann Goodlatte Nunes Dicks Lowey Scott (VA) Jenkins Nunes Sires Bachus Gosar Nunnelee Dingell Luja´ n Scott, David Johnson (GA) Nunnelee Smith (NE) Bartlett Gowdy Olson Doggett Lynch Serrano Johnson (OH) Olson Smith (NJ) Barton (TX) Granger Palazzo Dold Maloney Sherman Johnson, Sam Owens Smith (TX) Bass (NH) Graves (GA) Paul Donnelly (IN) Markey Shimkus Jordan Palazzo Smith (WA) Benishek Graves (MO) Paulsen Doyle Matheson Shuler Berg Griffin (AR) Kaptur Pascrell Southerland Pearce Duffy Matsui Shuster Bilbray Griffith (VA) Kelly Pastor (AZ) Stearns Pence Edwards McCarthy (NY) Sires Bilirakis Guinta Kildee Paulsen Stutzman Pitts Ellison McCollum Slaughter Bishop (UT) Guthrie Kind Pearce Sullivan Platts Emerson McDermott Smith (NJ) Black Hall King (IA) Pelosi Sutton Poe (TX) Engel McGovern Smith (WA) King (NY) Pence Terry Blackburn Harper Eshoo McIntyre Speier Pompeo Kingston Perlmutter Thompson (PA) Bonner Harris Farr McKinley Stark Posey Kinzinger (IL) Peters Thornberry Bono Mack Hartzler Fattah McNerney Sullivan Price (GA) Kissell Peterson Tiberi Boustany Hastings (WA) Fitzpatrick Meehan Sutton Quayle Kline Petri Tipton Brady (TX) Hayworth Frank (MA) Meeks Terry Labrador Pitts Turner (NY) Brooks Hensarling Reed Frelinghuysen Michaud Thompson (CA) Lamborn Platts Turner (OH) Broun (GA) Herger Renacci Fudge Miller (MI) Thompson (MS) Lance Poe (TX) Upton Buchanan Huelskamp Ribble Garamendi Miller (NC) Tiberi Landry Pompeo Van Hollen Bucshon Huizenga (MI) Rigell Gerlach Miller, George Tierney Langevin Posey Walberg Buerkle Hurt Roby Gibson Moore Tonko Lankford Price (GA) Walden Burgess Issa Roe (TN) Gonzalez Moran Towns Latham Quayle Walsh (IL) Calvert Jenkins Rogers (AL) Green, Al Murphy (CT) Tsongas LaTourette Rahall Walz (MN) Camp Johnson (OH) Rogers (KY) Green, Gene Murphy (PA) Turner (NY) Latta Reed Wasserman Campbell Johnson, Sam Rogers (MI) Grijalva Nadler Turner (OH) Levin Rehberg Schultz Canseco Jones Rohrabacher Grimm Napolitano Upton Lewis (CA) Reichert Waxman Cantor Jordan Rokita Gutierrez Neal Van Hollen Lipinski Renacci Webster Carter King (IA) Rooney Hanabusa Olver Vela´ zquez LoBiondo Ribble West Cassidy Kingston Ross (FL) Hanna Owens Visclosky Long Rigell Westmoreland Chabot Kline Royce Hastings (FL) Pallone Walden Lowey Rivera Whitfield Chaffetz Labrador Scalise Heck Pascrell Walsh (IL) Lucas Roby Wilson (SC) Coble Lamborn Schweikert Heinrich Pastor (AZ) Walz (MN) Luetkemeyer Roe (TN) Wittman Coffman (CO) Landry Scott (SC) Herrera Beutler Pelosi Wasserman Luja´ n Rogers (AL) Wolf Cole Lankford Scott, Austin Higgins Perlmutter Schultz Lummis Rogers (KY) Womack Conaway Latham Sensenbrenner Himes Peters Waters Lungren, Daniel Rogers (MI) Woodall Crawford Latta Sessions Hinchey Peterson Watt Crenshaw Lewis (CA) E. Rokita Yoder Simpson Hinojosa Petri Waxman Culberson Long Lynch Rooney Young (AK) Smith (NE) Hochul Pingree (ME) Welch Davis (KY) Lucas Mack Ros-Lehtinen Young (FL) Smith (TX) Holden Price (NC) Whitfield Denham Luetkemeyer Manzullo Roskam Young (IN) Southerland Holt Quigley Wilson (FL) Dent Lummis Stearns Honda Rahall Woolsey NOT VOTING—12 DesJarlais Lungren, Daniel Hoyer Rangel Yarmuth Dreier E. Stutzman Akin Hirono Reyes Thompson (PA) Hultgren Rehberg Young (AK) Boren Jackson (IL) Sewell Duncan (SC) Mack Duncan (TN) Manzullo Thornberry NOT VOTING—14 Cardoza Jackson Lee Stivers Tipton Filner (TX) Ellmers Marchant Aderholt Hirono Reyes Farenthold Marino Walberg Hahn Polis Webster Akin Hunter Sewell Fincher McCarthy (CA) Boren Jackson (IL) West Stivers Flake McCaul Cardoza Jackson Lee Westmoreland b 2225 Fleischmann McClintock Filner (TX) Wilson (SC) Fleming McHenry Hahn Polis So the amendment was rejected. Flores McKeon Wittman The result of the vote was announced Forbes McMorris Wolf b 2229 Fortenberry Rodgers Womack as above recorded. So the amendment was rejected. Stated for: Foxx Mica Woodall Franks (AZ) Miller (FL) Yoder The result of the vote was announced Mr. FILNER. Mr. Chair, on rollcall 485, I was Gallegly Miller, Gary Young (FL) as above recorded. away from the Capitol due to prior commit- Gardner Mulvaney Young (IN) Stated against: ments to my constituents. Had I been present, NOES—235 Mr. FILNER. Mr. Chair, on rollcall 486, I was I would have voted ‘‘aye.’’ Ackerman Berkley Burton (IN) away from the Capitol due to prior commit- AMENDMENT OFFERED BY MR. KING OF IOWA Alexander Berman Butterfield ments to my constituents. Had I been present, The Acting CHAIR. The unfinished Altmire Biggert Capito I would have voted ‘‘no.’’ Andrews Bishop (GA) Capps business is the demand for a recorded Baca Bishop (NY) Capuano Mr. YOUNG of Florida. Mr. Chair- vote on the amendment offered by the Baldwin Blumenauer Carnahan man, I move that the Committee do gentleman from Iowa (Mr. KING) on Barber Bonamici Carney now rise. which further proceedings were post- Barletta Boswell Carson (IN) The motion was agreed to. Barrow Brady (PA) Castor (FL) poned and on which the noes prevailed Bass (CA) Braley (IA) Chandler Accordingly, the Committee rose; by voice vote. Becerra Brown (FL) Chu and the Speaker pro tempore (Mr.

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WESTMORELAND) having assumed the EXECUTIVE COMMUNICATIONS, partment of Defense, transmitting the De- chair, Mr. WOODALL, Acting Chair of ETC. partment’s final rule — Defense Federal Ac- quisition Regulation Supplement: Applica- the Committee of the Whole House on Under clause 2 of rule XIV, executive the state of the Union, reported that bility of Hexavalent Chromium Policy to communications were taken from the Commercial Items (DFARS Case 2011-D047) that Committee, having had under con- Speaker’s table and referred as follows: (RIN: 0750-AH39) received June 21, 2012, pur- sideration the bill (H.R. 5856) making 6947. A letter from the Director, Regu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- appropriations for the Department of latory Management Division, Environmental mittee on Armed Services. Defense for the fiscal year ending Sep- Protection Agency, transmitting the Agen- 6957. A letter from the Director, Defense tember 30, 2013, and for other purposes, cy’s final rule — 1,2-Ethanediamine, N1-(2- Procurement and Acquisition Policy, De- had come to no resolution thereon. aminoethyl)-, polymer with 2, 4- partment of Defense, transmitting the De- diisocyanato-1-methylbenzene; Tolerance partment’s final rule — Defense Acquisition f Exemption [EPA-HQ-OPP-2012-0014; FRL- Regulations System; Defense Federal Acqui- REMOVAL OF NAME OF MEMBER 9349-1] received June 29, 2012, pursuant to 5 sition Regulation Supplement; Only One U.S.C. 801(a)(1)(A); to the Committee on Ag- AS COSPONSOR OF H. CON. RES. Offer (DFARS Case 2011-D013) (RIN: 0750- riculture. AH11) received June 21, 2012, pursuant to 5 131 6948. A letter from the Director, Regu- U.S.C. 801(a)(1)(A); to the Committee on Ms. ROS-LEHTINEN. Mr. Speaker, I latory Management Division, Environmental Armed Services. ask unanimous consent to be removed Protection Agency, transmitting the Agen- 6958. A letter from the Chief Counsel, De- cy’s final rule — 2,6-Diisopropylnaphthalene partment of Homeland Security, transmit- as a cosponsor of H. Con. Res. 131. (2,6-DIPN) and its metabolites and The SPEAKER pro tempore. Is there ting the Department’s final rule — Suspen- degradates; Pesticide Tolerances [EPA-HQ- sion of Community Eligibility [Docket ID: objection to the request of the gentle- OPP-2009-0802; FRL-9350-4] received June 29, FEMA-2012-0003] [Internal Agency Docket woman from Florida? 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the No.: FEMA-8233] received June 25, 2012, pur- There was no objection. Committee on Agriculture. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 6949. A letter from the Director, Regu- f mittee on Financial Services. latory Management Division, Environmental 6959. A letter from the General Counsel, LEAVE OF ABSENCE Protection Agency, transmitting the Agen- National Credit Union Administration, cy’s final rule — Natamycin; Exemption By unanimous consent, leave of ab- transmitting the Administration’s final rule from the Requirement of a Tolerance [EPA- — Eligible Obligations, Charitable contribu- sence was granted to: HQ-OPP-2010-0727; FRL-9349-2] received June tions, Nonmember Deposits, Fixed Assets, Ms. JACKSON LEE of Texas (at the re- 29, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to Investments, Fidelity Bonds, Incidental quest of Ms. PELOSI) for July 17 and the Committee on Agriculture. Powers, Member Business Loans, and Regu- today on account of funerals in the dis- 6950. A letter from the Director, Regu- latory Flexibility Program (RIN: 3133-AD98) trict. latory Management Division, Environmental received June 25, 2012, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Financial f cy’s final rule — Prohydrojasmon; Amend- Services. ment of Temporary Exemption from the Re- ENROLLED BILLS SIGNED 6960. A letter from the General Counsel, quirement of a Tolerance [EPA-HQ-OPP- National Credit Union Administration, Karen L. Haas, Clerk of the House, 2010-0048; FRL-9347-9] received June 29, 2012, transmitting the Administration’s final rule reported and found truly enrolled bills pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- — Loan Workouts and Nonaccrual Policy, of the House of the following titles, mittee on Agriculture. and Regulatory Reporting of Troubled Debt 6951. A letter from the Director, Defense Restructured Loans (RIN: 3133-AE01) re- which were thereupon signed by the Procurement and Acquisition Policy, De- ceived June 25, 2012, pursuant to 5 U.S.C. Speaker: partment of Defense, transmitting the De- 801(a)(1)(A); to the Committee on Financial H.R. 205. An act to amend the Act titled partment’s final rule — Defense Federal Ac- Services. ‘‘An Act to authorize the leasing of re- quisition Regulation Supplement: Shipping 6961. A letter from the Director, Regu- stricted Indian lands for public, religious, Instructions (DFARS Case 2011-D052) (RIN: latory Management Division, Environmental educational, recreational, residential, busi- 0750-AH53) received June 25, 2012, pursuant to Protection Agency, transmitting the Agen- ness, and other purposes requiring the grant 5 U.S.C. 801(a)(1)(A); to the Committee on cy’s final rule — Approval and Promulgation of long-term leases’’, approved August 9, Armed Services. 1955, to provide for Indian tribes to enter 6952. A letter from the Principal Deputy, of Air Quality Implementation Plans; Maine; into certain leases without prior express ap- Department of Defense, transmitting author- Reasonably Available Control Technology proval from the Secretary of the Interior, ization of Colonels Daniel L. Karlbler and (RACT) for the 1997 8-Hour Ozone Standard and for other purposes. Robert P. White, United States Army, to [EPA-R01-OAR-2009-0696; A-1-FRL-9673-4] re- H.R. 3001. An act to award a Congressional wear the insignia of the grade of brigadier ceived June 29, 2012, pursuant to 5 U.S.C. Gold Medal to Raoul Wallenberg, in recogni- general; to the Committee on Armed Serv- 801(a)(1)(A); to the Committee on Energy and tion of his achievements and heroic actions ices. Commerce. during the Holocaust. 6953. A letter from the Director, Defense 6962. A letter from the Director, Regu- Procurement and Acquisition Policy, De- latory Management Division, Environmental f partment of Defense, transmitting the De- Protection Agency, transmitting the Agen- SENATE ENROLLED BILLS SIGNED partment’s final rule — Defense Federal Ac- cy’s final rule — Approval and Promulgation quisition Regulation Supplement: New of Air Quality Implementation Plans; Mary- The Speaker announced his signature Qualifying Country-Czech Republic (DFARS land; Baltimore Nonattainment Area Deter- to enrolled bills of the Senate of the Case 2012-D043) (RIN: 0750-AH75) received minations of Attainment of the 1997 Annual following titles: June 25, 2012, pursuant to 5 U.S.C. Fine Particulate Standard [EPA-R03-OAR- 2011-0819; FRL-9674-5] received June 29, 2012, S. 2009. An act to improve the administra- 801(a)(1)(A); to the Committee on Armed pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion of programs in the insular areas, and for Services. mittee on Energy and Commerce. other purposes. 6954. A letter from the Assistant Secretary, 6963. A letter from the Director, Regu- S. 2165. An act to enhance strategic co- Department of Defense, transmitting a pro- latory Management Division, Environmental operation between the United States and posed change to the Fiscal Year 2012 Na- Protection Agency, transmitting the Agen- Israel, and for other purposes. tional Guard and Reserve Equipment Appro- priation (NGREA) procurement; to the Com- cy’s final rule — Approval and Promulgation f mittee on Armed Services. of Air Quality Implementation Plans; Rhode Island; Regional Haze [EPA-R01-OAR-2009- ADJOURNMENT 6955. A letter from the Director, Defense Procurement and Acquisition Policy, De- 0631; A-1-FRL-9674-3] received June 29, 2012, Ms. ROS-LEHTINEN. Mr. Speaker, I partment of Defense, transmitting the De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- move that the House do now adjourn. partment’s final rule — Defense Federal Ac- mittee on Energy and Commerce. The motion was agreed to; accord- quisition Regulation Supplement: Updates to 6964. A letter from the Director, Regu- ingly (at 10 o’clock and 32 minutes Wide Area WorkFlow (DFARS Case 2011- latory Management Division, Environmental Protection Agency, transmitting the Agen- p.m.), under its previous order, the D027) (RIN: 0750-AH40) received June 25, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule — Approval and Promulgation House adjourned until tomorrow, mittee on Armed Services. of Air Quality Implementation Plans; Thursday, July 19, 2012, at 10 a.m. for 6956. A letter from the Director, Defense Vermont; Regional Haze [EPA-R01-OAR-2009- morning-hour debate. Procurement and Acquisition Policy, De- 0689; A-1-FRL-9674-4] received June 29, 2012,

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11668 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cific Halibut and Sablefish Individual Fish- ments for the program of block grants to mittee on Energy and Commerce. ing Quota Program [Docket No.: 0906041011- States for temporary assistance for needy 6965. A letter from the Director, Regu- 2432-02] (RIN: 0648-AX91) received June 13, families, and for other purposes; to the Com- latory Management Division, Environmental 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Ways and Means, and in addition Protection Agency, transmitting the Agen- Committee on Natural Resources. to the Committee on Education and the cy’s final rule — Approval and Promulgation 6975. A letter from the Board, Railroad Re- Workforce, for a period to be subsequently of Implementation Plans; Oregon: Infrastruc- tirement Board, transmitting the Board’s determined by the Speaker, in each case for ture Requirements for the 1997 8-Hour Ozone 2012 annual report on the financial status of consideration of such provisions as fall with- National Ambient Air Quality Standard the railroad unemployment insurance sys- in the jurisdiction of the committee con- [EPA-R10-OAR-2011-0716; FRL-9673-7] re- tem, pursuant to 45 U.S.C. 369; jointly to the cerned. ceived June 29, 2012, pursuant to 5 U.S.C. Committees on Transportation and Infra- By Mr. SCHRADER: 801(a)(1)(A); to the Committee on Energy and structure and Ways and Means. H.R. 6141. A bill to provide for the addition Commerce. 6976. A letter from the Board, Railroad Re- of certain real property to the reservation of 6966. A letter from the Director, Regu- tirement Board, transmitting a copy of the the Siletz Tribe in the State of Oregon; to latory Management Division, Environmental 25th Actuarial Valuation of the Assets and the Committee on Natural Resources. Protection Agency, transmitting the Agen- Liabilities Under the Railroad Retirement By Mr. BURGESS (for himself, Mr. cy’s final rule — Approval and Promulgation Acts as of December 31, 2010, pursuant to 45 SESSIONS, Mr. THORNBERRY, Mr. CAR- of Implementation Plans; Portion of York U.S.C. 231f-1; jointly to the Committees on TER, and Mr. FLORES): County, South Carolina within Charlotte- Ways and Means and Transportation and In- H.R. 6142. A bill to amend title XVIII of the Gastonia-Rock Hill, North Carolina-South frastructure. Social Security Act to extend Medicare phy- Carolina 1997 8-Hour Ozone Nonattainment f sician payment rates for 1 year; to the Com- Area; Ozone 2002 Base Year Emissions Inven- mittee on Energy and Commerce, and in ad- tory [EPA-R04-OAR-2008-0177(b); FRL-9673-9] DISCHARGE OF COMMITTEE dition to the Committee on Ways and Means, received June 29, 2012, pursuant to 5 U.S.C. Pursuant to clause 2 of rule XIII, the for a period to be subsequently determined 801(a)(1)(A); to the Committee on Energy and following action was taken by the by the Speaker, in each case for consider- Commerce. Speaker: ation of such provisions as fall within the ju- 6967. A letter from the Director, Regu- risdiction of the committee concerned. The Committee on Financial Services dis- latory Management Division, Environmental By Mr. BACA: charged from further consideration. H.R. 459 Protection Agency, transmitting the Agen- H.R. 6143. A bill to provide for supple- referred to the Committee of the Whole cy’s final rule — Protection of Stratospheric mental appropriations for obesity programs House on the state of the Union and ordered Ozone: The 2012 Critical Use Exemption from of the Centers for Disease Control and Pre- to be printed. the Phaseout of Methyl Bromide [EPA-HQ- vention, and for other purposes; to the Com- OAR-2009-0277; FRL-9668-3] (RIN: 2060-AQ83) f mittee on Appropriations, and in addition to received June 29, 2012, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS the Committee on the Budget, for a period to 801(a)(1)(A); to the Committee on Energy and be subsequently determined by the Speaker, Commerce. Under clause 2 of rule XII, public in each case for consideration of such provi- 6968. A letter from the Chair, Medicaid and bills and resolutions of the following sions as fall within the jurisdiction of the CHIP Payment and Access Commission, titles were introduced and severally re- committee concerned. transmitting the June 2012 Report to Con- ferred, as follows: By Mr. BARROW: gress on Medicaid and CHIP; to the Com- By Mr. FLEMING: H.R. 6144. A bill to reduce amounts avail- mittee on Energy and Commerce. H.R. 6137. A bill to repeal provisions of the able to the General Services Administration 6969. A letter from the Director, Office of Patient Protection and Affordable Care Act for the acquisition of new vehicles for the Congressional Affairs, Nuclear Regulatory relating to health savings accounts, and for Federal fleet; to the Committee on Oversight Commission, transmitting the Commission’s other purposes; to the Committee on Ways and Government Reform. final rule — Withdrawal of Regulatory Guide and Means, and in addition to the Committee By Mr. FRANK of Massachusetts (for 7.3, ‘‘Procedures for Picking Up and Receiv- on Energy and Commerce, for a period to be himself and Mr. KEATING): ing Packages of Radioactive Material’’ re- subsequently determined by the Speaker, in H.R. 6145. A bill to authorize the Secretary ceived June 21, 2012, pursuant to 5 U.S.C. each case for consideration of such provi- of the Interior to provide preservation and 801(a)(1)(A); to the Committee on Energy and sions as fall within the jurisdiction of the interpretation assistance for resources asso- Commerce. committee concerned. ciated with the New Bedford Whaling Na- 6970. A letter from the Director, Defense By Ms. LEE of California (for herself, tional Historical Park in the Commonwealth Security Cooperation Agency, transmitting Mr. MORAN, Ms. CLARKE of New York, of Massachusetts, and for other purposes; to Transmittal No. 12-08, pursuant to the re- Ms. SCHAKOWSKY, Ms. NORTON, Mr. the Committee on Natural Resources. porting requirements of Section 36(b)(1) of SCHIFF, Ms. WOOLSEY, Mr. TOWNS, Mr. By Mr. HINOJOSA (for himself and Mr. the Arms Export Control Act, as amended; to NADLER, Mr. CONYERS, Mr. RANGEL, JOHNSON of Illinois): the Committee on Foreign Affairs. Mr. HINCHEY, Mr. SERRANO, Mr. JOHN- H.R. 6146. A bill to permit pass-through 6971. A letter from the Assistant Secretary SON of Georgia, Mr. HONDA, Ms. payment for reasonable costs of certified Legislative Affairs, Department of State, MCCOLLUM, Mr. ENGEL, Mr. HIMES, registered nurse anesthetist services in crit- transmitting Transmittal No. DDTC 12-020, Mr. MCDERMOTT, Ms. CHU, Mr. LEWIS ical access hospitals notwithstanding the re- pursuant to the reporting requirements of of Georgia, Ms. BASS of California, classification of such hospitals as urban hos- Section 36(d) of the Arms Export Control Mrs. CHRISTENSEN, Ms. LINDA T. pitals, including hospitals located in ‘‘Lugar Act; to the Committee on Foreign Affairs. SA´ NCHEZ of California, Ms. WATERS, counties’’, and for on-call and standby costs 6972. A letter from the General Counsel, Mr. RUSH, and Mr. GRIJALVA): for such services; to the Committee on Ways Department of Housing and Urban Develop- H.R. 6138. A bill to bring an end to the and Means. ment, transmitting a report pursuant to the spread of HIV/AIDS in the United States and By Mr. ISSA: Federal Vacancies Reform Act of 1998; to the around the world; to the Committee on En- H.R. 6147. A bill to designate the exclusive Committee on Oversight and Government ergy and Commerce, and in addition to the economic zone of the United States as the Reform. Committees on Foreign Affairs, Education ‘‘Ronald Wilson Reagan Exclusive Economic 6973. A letter from the Acting Director, Of- and the Workforce, the Judiciary, Armed Zone of the United States’’; to the Com- fice of Sustainable Fisheries, NMFS, Na- Services, Financial Services, and Ways and mittee on Natural Resources. tional Atmospheric and Oceanic Administra- Means, for a period to be subsequently deter- By Mr. KELLY (for himself and Ms. tion, transmitting the Administration’s final mined by the Speaker, in each case for con- BUERKLE): rule — Atlantic Highly Migratory Species; sideration of such provisions as fall within H.R. 6148. A bill to make permanent the Atlantic Bluefin Tuna Fisheries [Docket No.: the jurisdiction of the committee concerned. EGTRRA improvements to Coverdell edu- 110210132-1275-02] (RIN: 0648-XC035) received By Mr. LUETKEMEYER (for himself cation savings accounts; to the Committee June 13, 2012, pursuant to 5 U.S.C. and Mr. BACA): on Ways and Means. 801(a)(1)(A); to the Committee on Natural H.R. 6139. A bill to create a Federal charter By Mr. MICHAUD (for himself and Ms. Resources. for National Consumer Credit Corporations, DELAURO): 6974. A letter from the Acting Deputy As- and for other purposes; to the Committee on H.R. 6149. A bill to require the United sistant Administrator for Regulatory Pro- Financial Services. States Trade Representative to take action grams, NMFS, National Atmospheric and By Mr. CAMP (for himself, Mr. KLINE, to obtain the full compliance of the Russian Oceanic Administration, transmitting the and Mr. JORDAN): Federation with its commitments under the Administration’s final rule — Fisheries of H.R. 6140. A bill to prohibit waivers relat- protocol on the accession of the Russian Fed- the Exclusive Economic Zone Off Alaska; Pa- ing to compliance with the work require- eration to the Agreement Establishing the

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11669 World Trade Organization, and for other pur- ative to House Resolution 12-1003 calling for The attached bill is constitutional under poses; to the Committee on Ways and Means. a convention for the purpose to propose an Article 1, Section 8, Clause 1: ‘‘The Congress By Mr. ELLISON (for himself, Mr. GRI- amendment to the Constitution; to the Com- shall have Power To lay and collect Taxes, JALVA, Ms. BASS of California, Ms. mittee on the Judiciary. Duties, Imposts and Excises, to pay the BONAMICI, Ms. BROWN of Florida, Mr. 253. Also, a memorial of the General As- Debts and provide for the common Defence CAPUANO, Mrs. CHRISTENSEN, Ms. CHU, sembly of the State of Rhode Island, relative and general Welfare of the United States; but Mr. CLARKE of Michigan, Ms. CLARKE to the Assembly’s Joint Resolution 12-285 all Duties, Imposts and Excises shall be uni- of New York, Mr. CLAY, Mr. COHEN, urging the Congress to pass and send an form throughout the United States.’’ Mr. CONYERS, Mr. DAVIS of Illinois, amendment to the constitution to effec- By Mr. BACA: Mr. DEFAZIO, Mr. FILNER, Mr. tively overturn the holding of Citizens H.R. 6143. GUTIERREZ, Ms. HAHN, Mr. HINCHEY, United and it’s progeny; to the Committee Congress has the power to enact this legis- Mr. HOLT, Mr. HONDA, Ms. JACKSON on the Judiciary. lation pursuant to the following: LEE of Texas, Ms. EDDIE BERNICE 254. Also, a memorial of the Senate of the Article I, Section 8, Clause 1 JOHNSON of Texas, Mr. JOHNSON of State of Nevada, relative to Senate Joint By Mr. BARROW: Georgia, Mr. KUCINICH, Ms. LEE of Resolution No. 8 urging the Congress to H.R. 6144. California, Mr. MARKEY, Mr. enact legislation to pursue methods and pro- Congress has the power to enact this legis- MCDERMOTT, Mr. MCGOVERN, Mr. cedures that expedite or may expedite the lation pursuant to the following: NADLER, Mr. OLVER, Ms. PINGREE of permitting processes for mineral exploration Article I, Section 9 of the Constitution of Maine, Mr. RANGEL, Ms. RICHARDSON, and development of mines; to the Committee the United States. Ms. SCHAKOWSKY, Mr. SERRANO, Mr. on Natural Resources. By Mr. FRANK of Massachusetts: STARK, Ms. WATERS, and Ms. WOOL- 255. Also, a memorial of the Senate of the H.R. 6145. SEY): State of Illinois, relative to Senate Resolu- Congress has the power to enact this legis- H. Res. 733. A resolution expressing the tion No. 620 urging the Congress to pass the lation pursuant to the following: sense of the House of Representatives that Secure Travel and Counterterrorism Part- Section 8 of article I of the Constitution. any deal replacing the Budget Control Act of nership Program Act of 2011; jointly to the By Mr. HINOJOSA: 2011 should contain serious revenue increases Committees on the Judiciary and Intel- H.R. 6146. and no Medicare, Medicaid, and Social Secu- ligence (Permanent Select). Congress has the power to enact this legis- rity benefit cuts; to the Committee on the f lation pursuant to the following: Budget, and in addition to the Committees The Congress enacts this bill pursuant to on Ways and Means, Energy and Commerce, CONSTITUTIONAL AUTHORITY Clause 1 of Section 8 of Article I of the Armed Services, Transportation and Infra- STATEMENT United States Constitution and Amendment structure, and Education and the Workforce, Pursuant to clause 7 of rule XII of the XVI of the United States Constitution. for a period to be subsequently determined Rules of the House of Representatives, the By Mr. ISSA: by the Speaker, in each case for consider- following statements are submitted regard- H.R. 6147. ation of such provisions as fall within the ju- ing the specific powers granted to Congress Congress has the power to enact this legis- risdiction of the committee concerned. in the Constitution to enact the accom- lation pursuant to the following: By Mrs. LOWEY: panying bill or joint resolution. Article IV Section III: ‘‘The Congress shall H. Res. 734. A resolution recognizing the have Power to dispose of and make all need- importance of frontline health workers to- By Mr. FLEMING: ful Rules and Regulations respecting the H.R. 6137. ward accelerating progress on global health Territory or other Property belonging to the Congress has the power to enact this legis- and saving the lives of women and children, United States . . .’’ lation pursuant to the following: and for other purposes; to the Committee on By Mr. KELLY: Pursuant to Article I, Section 8, Clause I, Foreign Affairs. H.R. 6148. Congress has the ability to lay and collect Congress has the power to enact this legis- f taxes and to provide for the general welfare lation pursuant to the following: of the United States, and Amendment XVI. MEMORIALS Article 1, Section 8. By Ms. LEE of California: Under clause 4 of rule XXII, memo- H.R. 6138. Clause 1: The Congress shall have Power rials were presented and referred as fol- Congress has the power to enact this legis- To lay and collect Taxes, Duties, Imposts lows: lation pursuant to the following: and Excises, to pay the Debts and provide for the common Defence and general Welfare of 247. The SPEAKER presented a memorial This bill is enacted pursuant to the power the United States; but all Duties, Imposts of the General Assembly of the State of granted to Congress under Article I of the and Excises shall be uniform throughout the Rhode Island, relative to the Assembly’s United States Constitution and its subse- United States; Joint Resolution 12-193 urging the Congress quent amendments, and further clarified and Clause 18: To make all Laws which shall be to pass the PACE Assessment Protection interpreted by the Supreme Court of the necessary and proper for carrying into Exe- Act; to the Committee on Financial Serv- United States. cution the foregoing Powers, and all other ices. By Mr. LUETKEMEYER: 248. Also, a memorial of the House of Rep- H.R. 6139. Powers vested by this Constitution in the resentatives of the State of Illinois, relative Congress has the power to enact this legis- Government of the United States, or in any to House Resolution No. 51 urging the Con- lation pursuant to the following: Department or Officer thereof. gress to pass the Talent Act; to the Com- The constitutional authority on which this By Mr. MICHAUD: mittee on Education and the Workforce. bill rests is the explicit power of Congress to H.R. 6149. 249. Also, a memorial of the Senate of the regulate commerce in and among the states, Congress has the power to enact this legis- State of Maine, relative to Senate Joint Res- as enumerate in Article 1, Section 8, Clause lation pursuant to the following: olution urging the Congress and the Presi- 3, the Commerce Clause, of the United States Article I, Section 8 of the United States dent to modernize the federal Toxic Sub- Constitution. Constitution, specifically Clause 3. stances Control Act of 1976; to the Com- By Mr. CAMP: f mittee on Energy and Commerce. H.R. 6140. 250. Also, a memorial of the Senate of the Congress has the power to enact this legis- ADDITIONAL SPONSORS State of Nevada, relative to Senate Joint lation pursuant to the following: Under clause 7 of rule XII, sponsors Resolution No. 4 urging the Congress to en- Article I, Section 8, Clause 1 of the United were added to public bills and resolu- sure that the public lands in Nevada that are States Constitution, to ‘‘provide for the com- managed and controlled by the Federal Gov- mon Defence and general Welfare of the tions as follows: ernment remain open to multiple uses; to United States.’’ H.R. 288: Mr. HONDA. the Committee on Natural Resources. By Mr. SCHRADER: H.R. 371: Mrs. CAPITO. 251. Also, a memorial of the Senate of the H.R. 6141. H.R. 459: Mr. OWENS. State of Nevada, relative to Senate Joint Congress has the power to enact this legis- H.R. 719: Mr. STIVERS. Resolution No. 3 urging the Congress to lation pursuant to the following: H.R. 835: Ms. BONAMICI. enact legislation requiring the Secretary of The power granted to Congress under Arti- H.R. 905: Mr. CASSIDY. the Interior to convey ownership of federal cle I, Section 8, Clause 3 of the United States H.R. 1030: Mr. LUJA´ N and Mr. THORNBERRY. land from the Federal Government to Ne- Constitution. H.R. 1085: Ms. SPEIER. vada; to the Committee on Natural Re- By Mr. BURGESS: H.R. 1116: Mr. REYES and Mr. BARBER. sources. H.R. 6142. H.R. 1167: Mr. AUSTIN SCOTT of Georgia and 252. Also, a memorial of the House of Rep- Congress has the power to enact this legis- Mr. LONG. resentatives of the State of Colorado, rel- lation pursuant to the following: H.R. 1286: Mrs. BLACK.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11670 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 H.R. 1288: Ms. WASSERMAN SCHULTZ. H.R. 4120: Mr. BOREN, Mr. CAPUANO, and DELETIONS OF SPONSORS FROM H.R. 1322: Mr. OLVER and Mr. NADLER. Mr. DOYLE. PUBLIC BILLS AND RESOLUTIONS H.R. 1325: Ms. HOCHUL. H.R. 4154: Mr. KISSELL. H.R. 1340: Mr. CASSIDY. H.R. 4160: Mr. DESJARLAIS and Mr. Under clause 7 of rule XII, sponsors H.R. 1417: Mr. CLARKE of Michigan. STUTZMAN. were deleted from public bills and reso- H.R. 1464: Mr. MANZULLO. H.R. 4165: Mr. BROUN of Georgia. lutions as follows: H.R. 1489: Ms. SPEIER and Mr. BRADY of H.R. 4259: Mrs. MALONEY. H. Con. Res. 131: Ms. ROS-LEHTINEN. Pennsylvania. H.R. 4297: Mr. BARLETTA. f H.R. 1537: Mr. REYES. H.R. 4313: Mr. BUTTERFIELD. H.R. 1564: Ms. WOOLSEY. H.R. 4336: Mr. SHIMKUS. PETITIONS, ETC. H.R. 1653: Mr. MULVANEY and Mr. BILI- H.R. 4341: Mr. TURNER of Ohio. RAKIS. Under clause 3 of rule XII, petitions H.R. 4345: Mr. SHUSTER and Mr. HOLDEN. H.R. 1704: Mr. PETERSON. and papers were laid on the clerk’s H.R. 4365: Mr. AUSTIN SCOTT of Georgia. H.R. 1775: Mr. STEARNS. desk and referred as follows: H.R. 4373: Mr. STARK. H.R. 1789: Mr. CHANDLER. H.R. 4405: Mr. DANIEL E. LUNGREN of Cali- 49. The SPEAKER presented a petition of H.R. 1903: Ms. WATERS and Ms. BASS of fornia, Mr. CONYERS, Mr. CAPUANO, Mrs. the Legislature of Rockland County, New California. York, relative to Resolution No. 243 request- H.R. 1956: Mr. FORTENBERRY. BLACKBURN, and Mr. CLAY. H.R. 4454: Mr. SCHOCK. ing that Algonquin prepare and submit to H.R. 1993: Mr. PAUL and Mr. SCHOCK. the Federal Energy Regulatory Commission H.R. 2010: Mr. HANNA. H.R. 4965: Mr. COFFMAN of Colorado. an additional means of access to the pipeline H.R. 2092: Mr. GIBBS and Mr. GARDNER. H.R. 5320: Mr. OWENS. and its facilities; to the Committee on En- H.R. 2102: Mrs. BIGGERT. H.R. 5542: Mr. MCGOVERN, Ms. SPEIER, Mr. ergy and Commerce. H.R. 2139: Mr. RIVERA, Mr. CLARKE of CARSON of Indiana, and Mr. TIERNEY. 50. Also, a petition of the Biloxi City Coun- Michigan, Mr. CONYERS, and Mr. CASSIDY. H.R. 5647: Mr. SCHIFF and Mr. HASTINGS of cil, Mississippi, relative to Resolution No. H.R. 2140: Mr. ROONEY. Florida. 198-12 expressing its commitment to pro- H.R. 2198: Mr. GRIFFIN of Arkansas and Mr. H.R. 5684: Mr. GRIJALVA. moting contracting opportunities to local STIVERS. H.R. 5707: Mr. ENGEL. service providers, small and disadvantaged H.R. 2200: Mr. CHABOT. H.R. 5708: Mr. CRAWFORD. businesses and training and employment op- H.R. 2346: Ms. SPEIER. H.R. 5781: Mr. CARSON of Indiana. portunities to local workers; jointly to the H.R. 2382: Mr. POMPEO and Mr. SARBANES. H.R. 5796: Mr. HEINRICH and Mr. LEWIS of Committees on Natural Resources, Edu- H.R. 2429: Mr. ROKITA. Georgia. cation and the Workforce, and Transpor- H.R. 2514: Mr. LONG. H.R. 5822: Mrs. HARTZLER. tation and Infrastructure. H.R. 2595: Mr. YODER. H.R. 5823: Ms. ZOE LOFGREN of California. H.R. 2730: Mr. STIVERS. H.R. 5848: Ms. SPEIER. f H.R. 2954: Ms. SPEIER. H.R. 5903: Mr. KEATING and Mr. MCGOVERN. DISCHARGE PETITIONS H.R. 2969: Mr. HEINRICH and Mr. SCHOCK. H.R. 5936: Mr. WELCH. H.R. 2982: Mr. RANGEL. H.R. 5975: Mr. GEORGE MILLER of California [Omitted from July 13, 2012] H.R. 2985: Mr. POLIS. and Mrs. DAVIS of California. Under clause 2 of rule XV, the fol- H.R. 3030: Mr. BLUMENAUER. H.R. 6012: Ms. BALDWIN and Mr. DINGELL. lowing discharge petition was filed: H.R. 3053: Mr. JOHNSON of Georgia. H.R. 6025: Mr. AUSTIN SCOTT of Georgia, H.R. 3067: Mrs. BLACKBURN and Mr. CAPU- Petition 4, July 12, 2012, by Mr. CHRIS Mr. LONG, and Mr. KLINE. ANO. VAN HOLLEN H.R. 4010 was signed by the H.R. 6047: Mr. LANKFORD. H.R. 3091: Mr. LUETKEMEYER and Mr. following Members: Chris Van Hollen, Robert H.R. 6085: Mr. NUNES, Ms. JENKINS, Mr. KLINE. A. Brady, Paul Tonko, Barbara Lee, Linda T. WOMACK, Mr. ALTMIRE, and Mr. BARROW. ´ H.R. 3150: Mr. MORAN and Mr. RANGEL. Sanchez, Laura Richardson, Marcy Kaptur, H.R. 6088: Mr. MULVANEY, Mr. DUNCAN of H.R. 3151: Ms. SPEIER. Betty Sutton, Hansen Clarke, Stephen F. South Carolina, Mr. FLEMING, Mr. POSEY, H.R. 3192: Ms. MATSUI. Lynch, Michael E. Capuano, Dale E. Kildee, Mr. WALSH of Illinois, Mr. HUELSKAMP, Mr. H.R. 3238: Mr. HONDA. Alcee L. Hastings, Zoe Lofgren, James P. HULTGREN, Mr. BROUN of Georgia, Mr. ROE of H.R. 3337: Mr. MILLER of North Carolina Moran, Joe Courtney, Xavier Becerra, Caro- Tennessee, Mr. DESJARLAIS, Mrs. BLACK- and Mr. FLEISCHMANN. lyn B. Maloney, Nick J. Rahall II, Steve BURN, and Mr. CANSECO. H.R. 3423: Mr. MARCHANT and Mr. WALDEN. Cohen, Janice Hahn, Carolyn McCarthy, H.R. 6095: Mr. ROONEY and Mr. HASTINGS of H.R. 3486: Mr. KELLY. Anna G. Eshoo, David N. Cicilline, Gwen Florida. H.R. 3496: Mr. QUIGLEY. Moore, G. K. Butterfield, Keith Ellison, H.R. 6112: Mr. NUGENT. H.R. 3506: Mr. KIND. Jerry McNerney, Doris O. Matsui, Gary C. H.R. 6113: Mr. HOLDEN and Mr. COSTELLO. H.R. 3510: Mrs. DAVIS of California. Peters, Steve Israel, Judy Chu, Charles A. H.R. 6116: Mr. SABLAN. H.R. 3528: Mr. PETERS. Gonzalez, Albio Sires, Andre´ Carson, Tim- H.R. 3594: Mr. FRANKS of Arizona, Mr. HAR- H.R. 6117: Mr. PIERLUISI, Mr. MCGOVERN, othy J. Walz, Susan A. Davis, Kathy Castor, PER, Mr. LANDRY, Mr. SCHILLING, Mrs. Ms. HIRONO, and Mr. MICHAUD. Yvette D. Clarke, Allyson Y. Schwartz, Russ ELLMERS, Mr. SCHOCK, Mr. KINZINGER of Illi- H.R. 6118: Mr. AUSTRIA. Carnahan, Niki Tsongas, Colleen W. nois, Mr. LONG, Mr. ROE of Tennessee, Mr. H.R. 6124: Mr. HINCHEY, Mr. DEFAZIO, Mr. Hanabusa, Jackie Speier, Rube´n Hinojosa, GOHMERT, Mr. MCCLINTOCK, Mr. WILSON of HOLT, Mr. ELLISON, Mr. OLVER, Mr. BISHOP of James A. Himes, Bruce L. Braley, Ed Pastor, South Carolina, Mr. TIPTON, Mr. CHABOT, Mr. New York, and Mr. ENGEL. Jerrold Nadler, Eliot L. Engel, David Scott, SCALISE, Mr. FLORES, Mr. ALEXANDER, Mr. H.J. Res. 81: Mr. AUSTIN SCOTT of Georgia. James R. Langevin, Lois Capps, Tammy SCHWEIKERT, Mr. BARTLETT, Mrs. BLACK, Mr. H.J. Res. 110: Mr. MILLER of Florida and Baldwin, Lucille Roybal-Allard, Rosa L. MULVANEY, Mr. GRIFFITH of Virginia, Mr. Mr. MARCHANT. DeLauro, Maurice D. Hinchey, Rau´ l M. Gri- CRAWFORD, Mrs. EMERSON, Mr. GIBBS, and H.J. Res. 112: Mr. PRICE of Georgia, Mr. jalva, Christopher S. Murphy, Danny K. Mr. PLATTS. FINCHER, Mr. FLEMING, Mrs. MCMORRIS ROD- Davis, Henry C. ‘‘Hank’’ Johnson, Jr., Mazie H.R. 3596: Mr. HIMES and Ms. SPEIER. GERS, Mr. RIGELL, Mr. CASSIDY, Mr. GOWDY, K. Hirono, John B. Larson, Nancy Pelosi, H.R. 3619: Mr. GRIJALVA. Mr. GRIFFIN of Arkansas, Mr. CRAWFORD, Mr. Henry A. Waxman, Nydia M. Vela´ zquez, H.R. 3643: Mr. LIPINSKI, Mr. HULTGREN, Mr. DUNCAN of South Carolina, and Mr. AKIN. Betty McCollum, John Lewis, Suzanne WILSON of South Carolina, Mr. CHABOT, Mr. H. Con. Res. 40: Ms. SPEIER. Bonamici, Janice D. Schakowsky, Sander M. POSEY, Mr. FLEMING, and Mr. MULVANEY. H. Con. Res. 116: Mr. WALZ of Minnesota, Levin, Howard L. Berman, Karen Bass, Jared H.R. 3663: Mr. WESTMORELAND. Mr. REICHERT, Mr. CAPUANO, Mr. BUCHANAN, Polis, Michael H. Michaud, Theodore E. H.R. 3679: Mr. RANGEL. and Mr. PETERS. Deutch, Sam Farr, Joseph Crowley, Steven H.R. 3728: Mr. FORTENBERRY and Mr. ROE of H. Con. Res. 129: Mr. COBLE, Ms. CHU, and R. Rothman, Frank Pallone, Jr., Debbie Tennessee. Mr. LATTA. Wasserman Schultz, John Garamendi, Rush H.R. 3767: Mr. POMPEO. H. Res. 25: Mr. CLAY. D. Holt, Mike Thompson, Edolphus Towns, H.R. 3798: Mrs. BIGGERT. H. Res. 134: Ms. LEE of California. Grace F. Napolitano, Michael F. Doyle, H.R. 3881: Mr. NADLER. H. Res. 353: Mr. ENGEL, Mr. HASTINGS of Fortney Pete Stark, Donna F. Edwards, Wil- H.R. 3889: Mr. PAUL. Florida, Mr. CARNAHAN, Mr. RUSH, Ms. liam R. Keating, Timothy H. Bishop, John A. H.R. 4010: Mr. HEINRICH. CLARKE of New York, Ms. HAHN, Mrs. MALO- Yarmuth, Bill Pascrell, Jr., Al Green, Marcia H.R. 4070: Mr. KING of New York. NEY, and Mr. RUPPERSBERGER. L. Fudge, Robert E. Andrews, Peter Welch, H.R. 4083: Ms. HANABUSA. H. Res. 618: Mr. HONDA. Brian Higgins, Michael M. Honda, Chaka H.R. 4103: Mr. CICILLINE, Mr. RANGEL, and H. Res. 672: Ms. MCCOLLUM. Fattah, Ed Perlmutter, Lynn C. Woolsey, Mr. BARTLETT. H. Res. 728: Ms. EDWARDS. Melvin L. Watt, Edward J. Markey, John F.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11671 Tierney, Eddie Bernice Johnson, John Con- Page 13, line 9, after the dollar amount, in- Page 128, line 11, after the dollar amount yers, Jr., Mike Quigley, John P. Sarbanes, sert ‘‘(increased by $8,000,000)’’. insert the following: ‘‘(increased by Robert C. ‘‘Bobby’’ Scott, George Miller, Page 27, line 7, after the dollar amount, in- $10,000,000)’’. Barney Frank, Terri A. Sewell, Ron Barber, sert ‘‘(increased by $16,000,000)’’. Page 129, line 4, after the dollar amount in- Frederica S. Wilson, James P. McGovern, H.R. 5856 sert the following: ‘‘(reduced by $18,500,000)’’. Elijah E. Cummings, Diana DeGette, James OFFERED BY: MR. JONES H.R. 5856 E. Clyburn, Loretta Sanchez, John W. Olver, AMENDMENT NO. 16: Page 121, line 12, after OFFERED BY: MR. CICILLINE Gene Green, Bob Filner, C. A. Dutch Rup- the dollar amount, insert ‘‘(increased by persberger, Ben Chandler, Lloyd Doggett, AMENDMENT NO. 20: Page 130, line 14, after $98,697,000)’’. the dollar amount, insert ‘‘(reduced by Jim Costa, Adam B. Schiff, Ben Ray Luja´ n, Page 121, line 19, after the dollar amount, Jose´ E. Serrano, Silvestre Reyes, Rick Lar- $375,000,000)’’. insert ‘‘(increased by $9,373,000)’’. Page 153, line 15, after the dollar amount, sen, Brad Sherman, Jim McDermott, Henry Page 122, line 3, after the dollar amount, insert ‘‘(increased by $375,000,000)’’. Cuellar, Brad Miller, Maxine Waters, Chellie insert ‘‘(increased by $17,482,000)’’. Pingree, Steny H. Hoyer, Gerald E. Connolly, Page 122, line 10, after the dollar amount, H.R. 5856 Bennie G. Thompson, David Loebsack, Lou- insert ‘‘(increased by $13,857,000)’’. OFFERED BY: MR. MCKINLEY ise McIntosh Slaughter, John C. Carney, Jr., Page 122, line 17, after the dollar amount, AMENDMENT NO. 21: Page 9, line 6, after the David E. Price, Corrine Brown, Adam Smith, insert ‘‘(increased by $1,690,000)’’. dollar amount, insert ‘‘(reduced by Wm. Lacy Clay, and Tim Ryan. Page 122, line 24, after the dollar amount, $5,000,000)’’. insert ‘‘(increased by $424,000)’’. f Page 32, line 18, after the dollar amount, Page 123, line 6, after the dollar amount, insert ‘‘(increased by $5,000,000)’’. AMENDMENTS insert ‘‘(increased by $266,000)’’. H.R. 5856 Under clause 8 of rule XVIII, pro- Page 123, line 13, after the dollar amount, insert ‘‘(increased by $273,000)’’. OFFERED BY: MR. MULVANEY posed amendments were submitted as Page 123, line 20, after the dollar amount, AMENDMENT NO. 22: Page 2, line 22, after follows: insert ‘‘(increased by $6,287,000)’’. the dollar amount, insert ‘‘(increased by H.R. 5856 Page 124, line 3, after the dollar amount, $4,359,624,000)’’. OFFERED BY: MR. MULVANEY insert ‘‘(increased by $113,000)’’. Page 132, line 23, after the dollar amount, Page 3, line 20, after the dollar amount, in- AMENDMENT NO. 9: At the end of the bill insert ‘‘(reduced by $412,287,000)’’. sert ‘‘(increased by $1,197,682,000)’’. (before the short title), insert the following: Page 121, line 12, after the dollar amount, H.R. 5856 SEC. ll. The amounts otherwise provided insert ‘‘(reduced by $4,359,624,000)’’. in title IX of this Act are revised by reducing OFFERED BY: MR. JONES Page 122, line 3, after the dollar amount, the amount made available for ‘‘Military AMENDMENT NO. 17: At the end of the bill insert ‘‘(reduced by $1,197,682,000)’’. Personnel, Army’’, by increasing such (before the short title), add the following: H.R. 5856 amount, by reducing the amount made avail- SEC. ll. (a) None of the funds appro- able for ‘‘Military Personnel, Marine Corps’’, priated or otherwise made available in this OFFERED BY: MR. WALZ OF MINNESOTA and by increasing such amount, by or any other Act may be used to negotiate, AMENDMENT NO. 23: Page 9, line 6, after the $4,359,624,000, $4,359,624,000, $1,197,682,000, and enter into, or implement any agreement dollar amount insert the following: ‘‘(re- $1,197,682,000, respectively. with the Government of the Islamic Republic duced by $5,000,000)’’. H.R. 5856 of Afghanistan that includes security assur- Page 35, line 15, after the dollar amount in- ances for mutual defense, unless the agree- sert the following: ‘‘(increased by $5,00,000)’’. OFFERED BY: MS. WOOLSEY ment— Page 35, line 23, after the dollar amount in- AMENDMENT NO. 10: At the end of the bill (1) is in the form of a treaty requiring the sert the following: ‘‘(increased by (before the short title), insert the following: advice and consent of the Senate (or is in- $5,000,000)’’. SEC. ll. The total amount of appropria- tended to take that form in the case of an H.R. 5856 tions made available by this Act is hereby agreement under negotiation); or OFFERED BY: MS. CASTOR OF FLORIDA reduced by $293,900,000. (2) is specifically authorized by a law en- H.R. 5856 acted after the date of enactment of this AMENDMENT NO. 24: At the end of the bill (before the short title), insert the following: OFFERED BY: MS. WOOLSEY Act. (c) For purposes of this section, an agree- SEC. ll. None of the funds made available AMENDMENT NO. 11: At the end of the bill by this Act may be used by the Secretary of (before the short title), insert the following: ment shall be considered to include security assurances for mutual defense if it includes Defense to prohibit the distribution of infor- SEC.ll. The total amount of appropria- provisions addressing any of the following: mation regarding the Medicaid program tions made available by this Act is hereby under title XIX of the Social Security Act reduced by $119,000,000. (1) A binding commitment to deploy United States Armed Forces in defense of the (42 U.S.C. 1396 et seq.) or the Children’s H.R. 5856 Islamic Republic of Afghanistan, or of any Health Insurance Program under title XXI of OFFERED BY: MS. WOOLSEY government or faction in Afghanistan, such Act (42 U.S.C. 1397aa et seq.) to mem- AMENDMENT NO. 12: At the end of the bill against any foreign or domestic threat. bers of the Armed Forces, former members of (before the short title), insert the following: (2) The number of United States Armed the Armed Forces, or covered beneficiaries SEC.ll. The total amount of appropria- Forces personnel to be deployed to, or sta- (as defined in section 1072(5) of title 10, tions made available by this Act is hereby tioned in, Afghanistan. United States Code). reduced by $1,700,000,000. (3) The mission of United States Armed H.R. 5856 H.R. 5856 Forces deployed to Afghanistan. OFFERED BY: MR. HANNA (4) The duration of the presence of United OFFERED BY: MS. WOOLSEY AMENDMENT NO. 25: Page 9, line 6, after the States Armed Forces in Afghanistan. AMENDMENT NO. 13: At the end of the bill dollar amount, insert ‘‘(reduced by H.R. 5856 (before the short title), insert the following: $30,000,000)’’. SEC.ll. The total amount of appropria- OFFERED BY: MR. COFFMAN OF COLORADO Page 32, line 6, after the dollar amount, in- tions made available by this Act is hereby AMENDMENT NO. 18: At the end of the bill sert ‘‘(increased by $30,000,000)’’. reduced by $181,000,000. (before the short title) insert the following: H.R. 5856 SEC. ll. None of the funds appropriated in H.R. 5856 OFFERED BY: MR. LOBIONDO this Act shall be available to continue the OFFERED BY: MR. QUIGLEY deployment, beyond fiscal year 2013, of the AMENDMENT NO. 26: At the end of the bill AMENDMENT NO. 14: Page 24, line 14, after 170th Infantry Brigade in Baumholder and (before the short title), insert the following the dollar amount, insert ‘‘(reduced by the 172nd Infantry Brigade in Grafenwo¨ hr, new section: $988,000,000)’’. except pursuant to Article 5 of the North At- SEC. lll. None of the funds made avail- Page 25, line 1, after the dollar amount, in- lantic Treaty, signed at Washington, District able by this Act may be used to operate an sert ‘‘(reduced by $988,000,000)’’. of Columbia, on April 4, 1949, and entered unmanned aircraft system except in accord- Page 153, line 15, after the dollar amount, into force on August 24, 1949 (63 Stat. 2241; ance with the Fourth Amendment of the insert ‘‘(increased by $988,000,000)’’. TIAS 1964). Constitution. H.R. 5856 H.R. 5856 H.R. 5856 OFFERED BY: MR. GALLEGLY OFFERED BY: MR. ALTMIRE OFFERED BY: MR. SESSIONS AMENDMENT NO. 15: Page 8, line 24, after AMENDMENT NO. 19: Page 127, line 5, after AMENDMENT NO. 27: Page 9, line 6, after the the dollar amount, insert ‘‘(reduced by the dollar amount insert the following: ‘‘(in- dollar amount, insert ‘‘(reduced by $24,000,000)’’. creased by $5,500,000)’’. $10,000,000)’’.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11672 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 18, 2012 Page 35, line 15, after the dollar amount, H.R. 5856 H.R. 5856 insert ‘‘(increased by $10,000,000)’’. OFFERED BY: MR. WITTMAN OFFERED BY: MS. WOOLSEY Page 35, line 23, after the dollar amount, AMENDMENT NO. 28: At the end of the bill insert ‘‘(increased by $10,000,000)’’. (before the short title), add the following AMENDMENT NO. 29: At the end of the bill new section: (before the short title), insert the following: SEC. ll. None of the funds made available by this Act may be used to propose, plan for, SEC. ll. The total amount of appropria- or execute an additional Base Realignment tions made available by this Act is hereby and Closure (BRAC) round. reduced by $20,000,000.

VerDate Sep 11 2014 15:09 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H18JY2.002 H18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11673 EXTENSIONS OF REMARKS

IN RECOGNITION OF CAPTAIN HONORING GAIL PENNYBACKER COMMEMORATING ELLSWORTH’S DANIEL BURBANK 150TH ANNIVERSARY HON. JAMES P. MORAN HON. RON KIND HON. WILLIAM R. KEATING OF VIRGINIA OF WISCONSIN OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, July 18, 2012 Wednesday, July 18, 2012 Mr. KIND. Mr. Speaker, today I rise in honor Wednesday, July 18, 2012 Mr. MORAN. Mr. Speaker, I rise today to of the sesquicentennial celebration of Ells- Mr. KEATING. Mr. Speaker, I rise today to honor Gail Pennybacker, an award-winning, worth, Wisconsin. With its origins as a village going back to 1862, Ellsworth serves as the recognize Captain Daniel Burbank of Yar- longtime television journalist who has covered mouth Port, Massachusetts, on his successful country seat for Pierce County, named after local news in the District, Maryland—and es- our 14th President, Franklin Pierce. Since a completion of Expedition 29/30 to the Inter- pecially Virginia—for more than a quarter cen- national Space Station (ISS). proclamation made in 1984 by Wisconsin Gov- tury. During her time as the Northern Virginia ernor Anthony S. Earl, Ellsworth has been Captain Burbank has a long and distin- Bureau Chief for ABC7 News, Channel 7, Gail known as the Cheese Curd Capitol of Wis- guished career in service to our nation. He re- has garnered the respect of law enforcement, consin. ceived his commission from the U.S. Coast lawmakers, and everyday citizens alike. Originally established with the name Perry, Guard Academy in 1985 and served with the Gail joined the ABC7 News team in 1986. the village immediately began to grow. It Coast Guard until 1996, when he was recog- wasn’t until a number of years later that it was She has covered many of the capital region’s nized for his elite abilities and selected by renamed Ellsworth after Colonel Elmer E. Ells- NASA for its space program. Following several top stories, including the September 11th ter- worth, who fought in the Civil War. Still to this years of training, he flew on a twelve-day mis- ror attacks, the Beltway sniper shootings and day, Colonel Ellsworth’s likeness symbolizes sion on the Space Shuttle Atlantis in Sep- the Columbine High School massacre. Gail the strength of a thriving community. tember 2000, during which he and his fellow has reported from the Persian Gulf during Iraq With a population of 3,284 residents, Ells- astronauts successfully prepared the ISS for War, conducted exclusive interviews with high- worth is proud of its many close-knit commu- the arrival of its first permanent crew. Captain profile, nationally known cases, such as nity connections. The village boasts two amaz- Burbank again flew to the International Space Zacarias Moussaoui, and followed hundreds of ing parks, Summit Hill Park and East End Station on Atlantis in September of 2006, this high profile local crimes and trials including Park, where residents can come together to time assisting in the installment of new solar the abduction/murders of sisters Kristin and enjoy Wisconsin’s great summers and cheer on the Ellsworth Hubbers Baseball Team to arrays to provide the ISS with one quarter of Katie Lisk, and Sofia Silva in the 1990s. the station’s electrical power, and performing victory. unprecedented robotics activity using the Along with winning prestigious Emmy and The village also hosts a number of ex- Shuttle and ISS robotic arms. His third and Associated Press awards for her reporting, tremely popular events in the area. These in- most recent venture to the International Space Gail has also been awarded several Edward clude the Ellsworth Polka Fest, the Beldenville Station launched on November 13, 2011. After R. Murrow Awards, as well as the national Old Car Show, the Pierce County Fair, and of 165 days in space, of which 163 days were Quill and Badge Award from the International course the annual Cheese Curd Festival. spent in research, Captain Burbank safely and Union of Police Associations for ‘‘consistent, The beautiful wooded lands surrounding the successfully returned home this past May. effective reporting.’’ city make it an excellent destination for out- doorsmen and women of all sorts. With As a result of his outstanding service, Cap- Gail has also been active in several civic streams filled with trout and miles of premier tain Burbank has been the recipient of several associations and community organizations, in- snowmobile and hiking trails, you can’t go awards and special honors. In particular, he cluding the Alzheimer’s Association and the wrong in Ellsworth. has received a NASA Exceptional Service American Diabetes Association, where she On July 4, 2012, Village President DeWolfe, Medal, two NASA Space Flight Medals, two was awarded a Distinguished Public Service local elected leaders, and Ellsworth residents Defense Superior Service medals, and two Award. Gail’s active involvement shows that came together to celebrate Ellsworth’s sesqui- Coast Guard Commendation Medals. He was she was interested in the entirety of her com- centennial with music, an art show, food, and also awarded the Orville Wright Achievement munity—she did not simply just show up to re- fireworks. Today, I recognize Ellsworth’s ses- Award by the Order of Daedalians as the top quicentennial and join in their celebration. port. Her recognition by the Northern Virginia naval flight training graduate during the period f of January 1 to June 30, 1988, as well as that Victims/Witness Coalition for the ‘‘objective, year’s Texas Society of the Daughters of the fair and compassionate portrayal of crime vic- HONORING GOVERNOR WILLIAM WARREN SCRANTON American Revolution Achievement Award as tims’’ is truly a testament to her respect for all the top Coast Guard Graduate on flight train- persons, no matter their situation. ing. Such a long list of awards and accolades Mr. Speaker, I am honored to ask my col- HON. TOM MARINO certainly are indicative of the level of service leagues to join me in congratulating Gail OF PENNSYLVANIA that Captain Burbank has given to our nation. Pennybacker upon her retirement from ABC7 IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am proud to honor Captain News, Channel 7. Her ability to bring light to Wednesday, July 18, 2012 Daniel Burbank on the completion of Expedi- news reporting for countless individuals epito- Mr. MARINO. Mr. Speaker, I rise today on tion 29/30 to the International Space Station, mizes the dedication and excellence that behalf of the Republican Delegation of Penn- as well as for his long and outstanding career makes news reporting a reliable source of in- sylvania to honor former Pennsylvania Gov- of service. I ask that my colleagues join me in formation for so many. Gail’s familiar face will ernor William Warren Scranton on the occa- congratulating him on his successful flight, in be missed by many, but we wish her only the sion of his 95th birthday. applauding his noteworthy career, and in wel- best as she begins the next phase of her life. After earning his law degree from Yale Law coming him home. School in 1946 and serving in the U.S. Army

● 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 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11674 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 Air Corps during World War II, Governor 27th. This is the first time that the conference seemed out of reach. By the end of 2011, the Scranton began his illustrious professional ca- has been held in the United States since Global Fund alone had supported anti- reer with O’Malley, Harris, Warren & Hill in 1985—a return made possible by our bipar- retroviral treatment for 3.3 million HIV-positive Scranton. While working in the private sector, tisan efforts to remove travel and immigration people, anti-tuberculosis treatment for 8.6 mil- Governor Scranton remained active and in- restrictions against persons infected with HIV. lion, and 230 million insecticide-treated nets volved with the Republican Party. In 1959, he This international conference is important for the prevention of malaria, in all saving was appointed to serve as special assistant to not just because of the issues it will highlight about 7.7 million lives. Recently the Fund has Secretary of State John Foster Dulles, in and the people it will bring together, but be- begun making comprehensive reforms to its President Dwight Eisenhower’s administration. cause of the scientific and informational ex- structure and program to ensure that funds In 1960, Governor Scranton was elected to change it will make possible. AIDS 2012, as it are spent in the most efficient, effective and the 87th Congress, representing the 10th Dis- has been billed, is recognized as the premier accountable way. trict of Pennsylvania. As a freshman member, gathering for individuals working in the HIV/ President Obama has articulated a global vi- he fought tirelessly for his constituents, rep- AIDS field, as well as policymakers, advo- sion of an AIDS-free generation, which means resenting their needs above all else and build- cates, care providers, people living with HIV/ virtual elimination of new pediatric HIV infec- ing bi-partisan appeal across the state with AIDS, and others committed to ending the tions by 2015, as well as a domestic goal of both Democrat and Republican voters. In HIV/AIDS epidemic. It offers a unique oppor- cutting new infections in the United States by 1962, he ran successfully for Governor of the tunity to change the course of the epidemic by 25% by 2015. As the eyes of the world are Commonwealth, defeating then Philadelphia capitalizing on scientific advances in treatment turned on our nation for the conference, we Mayor Richardson Dilworth. During his four and prevention, building consensus to improve have an opportunity to step up to the plate years in office, Governor Scranton com- service delivery and maximize outcomes, fa- and endorse these goals, not just in principle manded one of the most productive state gov- cilitating global civil society engagement, and but also by making a commitment to provide ernments, advocating for a strong education accelerating momentum toward a cure. the resources that are necessary to achieve it. system, continued industrial development, and Even today, the magnitude of the challenge We can’t do it all by ourselves—each country fiscally responsible policy. posed by HIV/AIDS is difficult to fathom. De- needs to do its part, with the help of the pri- After being drafted by many Republicans to spite the fact that the disease is easily pre- vate sector and civil society organizations— seek the Presidential nomination in 1964, ventable and treatable, almost 2 million people but neither can it happen without us. Governor Scranton vowed to never again run die each year from AIDS-related causes. At for public office. He returned to the private last count an estimated 34 million people were f sector in 1967, serving on numerous boards living with HIV/AIDS, including 3.4 million chil- and continuing his public service through lead- dren. Sub-Saharan Africa continues to bear DAVID CARPENTER ership with many civic organizations including; the brunt of the disease, accounting for 68 director of the Boys Club of Scranton, vice percent of those living with HIV/AIDS — 59 HON. SAM GRAVES president of the University of Scranton’s Presi- percent of whom are women. Here in the OF MISSOURI dent’s Council, director of the Scranton Cham- United States, as many as 1 in 5 individuals IN THE HOUSE OF REPRESENTATIVES ber of Commerce, and vice president of the living with HIV/AIDS is unaware of being in- board of directors for Geisinger Memorial Hos- fected, and significant disparities persist Wednesday, July 18, 2012 across different communities and populations pital. Mr. GRAVES of Missouri. Mr. Speaker, it is with regard to incidence of infection, access to After turning down continued overtures to with great pride and pleasure that I rise today treatment, and health outcomes. Our nation’s run again for public office, Governor Scranton to recognize the outstanding service of David capital has an HIV prevalence rate of nearly 3 accepted an appointment from President Ger- Carpenter on the occasion of his retirement percent, which is comparable to the rate in ald Ford in 1976 to serve as United States after 14 years of service as President and many parts of the developing world. Ambassador to the United Nations. Governor CEO of North Kansas City hospital. Scranton’s ability to promote diplomacy and The enormity of the challenge calls for a David arrived at North Kansas City hospital cooperation earned him favor with many na- sustained, coordinated and robust response. in 1999. Before coming to the great state of tions and promoted a positive world view of In 2003, President George W. Bush launched Missouri, David served as administrator for the United States. the President’s Emergency Plan for AIDS Re- Scottsdale Healthcare in Scottsdale, Arizona. Governor Scranton embodies so many of lief, known as PEPFAR, which received bipar- He was also President and CEO of Hadley the traits, ideals, and values that we, as a del- tisan support in Congress. It represents the Regional Medical Center in Hays, Kansas. egation, strive to achieve today in the 112th largest commitment by any nation to combat a Congress. I am honored to serve as his rep- single disease and has saved the lives of mil- David’s accomplishments exceed those of resentative, and I speak on behalf of the Re- lions of people around the world by estab- many in his industry. He was named publican Delegation of the Commonwealth to lishing and expanding the infrastructure nec- Northlander of the Year by the Northland Re- thank him for his service to Pennsylvania and essary to deliver prevention, care, and treat- gional Chamber of Commerce, and was a re- to the United States. ment services in low-resource settings. In cipient of the Missouri Hospital Association Vi- Mr. Speaker, I rise today to honor Governor 2008, I worked with my colleagues on both sionary Leadership Award. William Warren Scranton, an exemplary cit- sides of the aisle to enact the Tom Lantos and David has been a great leader to both the izen, veteran, philanthropist, and public serv- Henry J. Hyde United States Global Leader- staff and patients at North Kansas City Hos- ant, and ask my colleagues to join me in ship Against HIV/AIDS, Tuberculosis and Ma- pital. He built a positive work environment for praising his commitment to his family, commu- laria Reauthorization Act. That bill, which his employees and worked toward making the nity, Commonwealth, and country. passed the House by an overwhelming margin hospital more patient-focused, effectively cre- ating a better experience for all. He leaves the f of 308 to 116, authorized up to $48 billion over 5 years to combat those three diseases. hospital with a strong foundation as a top WELCOMING THE XIX INTER- The authorization will expire next year, and it’s ranked facility in Missouri. David is a shining NATIONAL AIDS CONFERENCE time for us to renew the same spirit of bipar- example of what it means to be a leader—not tisan cooperation that led to this record of suc- only for the hospital, but for our entire commu- HON. HOWARD L. BERMAN cess. nity. OF CALIFORNIA With the help of PEPFAR and the Global Mr. Speaker, I ask my colleagues to join IN THE HOUSE OF REPRESENTATIVES Fund to Fight AIDS, Tuberculosis and Malaria, with me in commending David Carpenter for the world has seen truly remarkable advances his dedicated service to North Kansas City Wednesday, July 18, 2012 in AIDS research, prevention and treatment Hospital. I know that his family, friends and Mr. BERMAN. Mr. Speaker, I rise to join my over the past decade. What was once seen as colleagues join me in wishing David and his distinguished colleagues in welcoming the del- a death sentence is now, for those with ac- wife all the best in Arizona. I’m confident that egates and participants for the nineteenth an- cess to treatment, a manageable illness, and he will continue to carry on the values that nual International AIDS Conference, which will large numbers of people in even the poorest have made him such an outstanding leader in convene here in Washington from July 22nd to countries are receiving treatment that once the northland.

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11675 A TRIBUTE TO THE LIFE OF the life of Bruce Lee and the continuing con- their mother—they have made numerous posi- BRUCE JUN FAN LEE tributions of the Bruce Lee Foundation to our tive contributions in both academia and the nation. high-tech industry. HON. MICHAEL M. HONDA Mr. Speaker, we ask our colleagues to join When Wen Wang Lee arrived in the U.S. in OF CALIFORNIA us in paying tribute to the life of Bruce Jun her late fifties to live with her children, her quality of life improved drastically. Even IN THE HOUSE OF REPRESENTATIVES Fan Lee, a cultural and American icon, as well as master teacher, whose legacy resonates though she carried the burden of a hard life, Wednesday, July 18, 2012 throughout the world for posterity. she cast aside her worries and poured all her Mr. HONDA. Mr. Speaker, I rise today with f love into her children’s families. She dedicated my colleagues Representatives CHU, HANSEN herself to ensure a better future for her grand- CLARKE, FALEOMAVAEGA, GRIJALVA, LUNGREN, REMEMBERING WEN WANG LEE children, who inherited her strength and perse- RICHARDSON, SABLAN, and LORETTA SANCHEZ verance and have attended some of our na- to pay tribute to the life of Bruce Jun Fan Lee. HON. TOM McCLINTOCK tion’s most renowned universities and hold The 39th anniversary of Bruce’s death is OF CALIFORNIA professional careers in science, medicine and this week, on July 20th. Bruce had, and con- IN THE HOUSE OF REPRESENTATIVES engineering. tinues to have, an immeasurable impact on Mr. Speaker, Mrs. Lee spent her entire life Wednesday, July 18, 2012 American and global popular culture through leading her family to prosperity and left behind the important role he played in creating a Mr. MCCLINTOCK. Mr. Speaker, I rise today a precious spiritual legacy: carry yourself up- bridge between cultures; championing values in memory of Mrs. Wen Wang Lee. ward, advocate education, and overcome chal- of self-respect, self-discipline, and tolerance in Born in Taiwan in 1916 as the third daugh- lenges with determination, fortitude, and sin- our Nation; and pioneering and cultivating the ter of a poor family in a society that favored cere dedication. This maxim may sound famil- genres of martial arts, martial arts films, fit- male children, Mrs. Lee’s prospects were dim. iar to Americans: when President Theodore ness, and philosophy in the United States and Given their meager resources, Mrs. Lee’s fam- Roosevelt was asked to define the essence of the world. ily sought to find her an adoptive home and, our nation he said that ‘‘Americanism means Bruce was born on November 27, 1940, in when this proved to be impossible, neglected the virtues of courage, honor, justice, truth, San Francisco, CA. His family relocated to her and fed her only scraps of food. For a typ- sincerity and hardihood—the virtues that made Hong Kong shortly thereafter, and he experi- ical child in her situation, this could have been America.’’ I have no doubt that it was individ- enced firsthand the occupation of Hong Kong the end of a very short life, but Mrs. Lee uals like Wen Wang Lee that President Roo- by the Japanese during World War II, during showed early on that she was anything but sevelt was describing, and I am honored to the years of 1941–45, and the subsequent typical. After three days of starving, her resil- rise in recognition of her life and accomplish- hostility and war that shook the continent. It ience and tenacity to cling to life could no ments today. was during his time in Hong Kong that Bruce longer be ignored and she was accepted back f sought out martial arts as a means to gain into the family. COMMENDATION OF THE SOCIAL self-confidence and discipline, as well as to Mrs. Lee went to work by age six, forgoing INNOVATION FUND overcome repeated instances of taunting rac- any opportunity for schooling in order to help ism, and gang activity during his youth. provide for her family. From this early age her HON. HANSEN CLARKE In 1959, with only $100 to his name, Bruce rapidly developing character was clearly evi- OF MICHIGAN boarded a steamship in the American Presi- dent: she was a model of extraordinary perse- IN THE HOUSE OF REPRESENTATIVES dents Line and began his voyage back to San verance, determination, and a strong will that Francisco. Soon thereafter, with much dedica- would eventually lead her family to a better Wednesday, July 18, 2012 tion, Bruce threw himself into learning collo- life. Mr. CLARKE of Michigan. Mr. Speaker, the quial English in honor and love of America After her marriage, Mrs. Lee became the Social Innovation Fund, operated out of the and its culture. He subsequently attended the predominant provider for her family, including Corporation for National and Community Serv- University of Washington, where he studied her eight children. Each day she would rise by ice, provides competitive grants to highly-suc- philosophy, psychology, drama, and other sub- three in the morning and walk two hours to an cessful non-profit organizations. In my district, jects. orchard, where she would pick fruit and carry the United Way for Southeastern Michigan While at college, Bruce began his legendary it back on her shoulders to sell. On a typical was selected as a Social Innovation Fund martial arts teaching career, initially as a day, having left home long before first light, grantee and is using its funding to develop means to pay for his education. Bruce’s will- she would return from work after dusk, and promising, evidence-based solutions focused ingness to teach martial arts to non-Chinese continue housework until nearly midnight. Mrs. on replicating early childhood learning commu- individuals as a way to bridge the cultures an- Lee endured this hard life for almost two dec- nities. The Social Innovation Fund uses a gered many in the field, and he was forced to ades and received three awards from her vil- unique federal funding model that requires all defend his freedom as well as others’ rights to lage for being a model mother while providing grantees and sub-grantees to match federal learn the arts. for her family and raising her children. resources 1:1, thereby increasing the return Bruce had a true desire and the fortitude From 1940 to 1960 Wen Wang Lee, with no on taxpayer dollars and strengthening local needed to expand the reach of martial arts by formal education of her own, raised eight chil- support. In addition, it relies on outstanding breaking away from the exclusionary mentality dren. In resource-scarce post-war Taiwan, existing grant-making intermediaries to select that limited its reach. His ingenuity and cre- even satisfying basic necessities was a formi- high-impact community organizations rather ativity led him to Hollywood, where he became dable challenge, let alone being able to set than building new government infrastructures. an authentic face for Chinese Americans and aside money for children’s tuition. However, It also emphasizes rigorous evaluations of pro- an inspiration to youth across the world. Si- while most of the children in her village were gram results. multaneously, he began to create his own forced to begin apprenticeships immediately The Social Innovation Fund is proof that by martial expression, ultimately naming it Jeet after finishing elementary school, Mrs. Lee in- focusing our limited resources on those orga- Kune Do. sisted that her children continue their edu- nizations and programs that are proven to be To millions of people around the world, cation. Even though it meant personal sac- successful can reap tremendous results for Bruce Lee remains more than a celebrity or a rifices and financial hardship, she never gave our country. In my own state, the Social Inno- martial arts legend—he was a true catalyst for up her strong belief that education would en- vation Fund has provided the United Way for social change and civil rights. His memory, able her children to pursue a better future. Her Southeastern Michigan with $4 million over which is brought to life everyday by the work efforts were not in vain, as her children have two years, or over $12 million with the re- of his daughter Shannon Lee, who leads the gone on to excel in academics in Taiwan and quired match, to build on the expertise of its Bruce Lee Foundation, remains a beacon of consequently be accepted to pursue graduate partnering organizations and facilitate the de- hope and opportunity for future generations in studies in the United States. Here, her chil- velopment of a portfolio of replicable early America. dren have exemplified the amazing story of childhood learning communities in 10 under- It is my distinct honor to have introduced H. American immigrants: through hard work and served communities in metro Detroit and sur- Res. 654 in this Congress, in order to honor dedication—undoubtedly traits inherited from rounding areas. They have a track record of

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11676 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 using evidence to select grantees, validate support rigorous evaluations of their exist- sider the following approaches, among oth- programs, and support the replication and ex- ing programs or new initiatives. ers: pansion of programs. The United Way for Evaluations linked to waivers and perform- Encouraging use of evidence in formula grants: OMB invites agencies to propose Southeastern Michigan is replicating and ex- ance partnerships: One of the best ways to learn about a program is to test variations ways to increase the use of evidence-based panding its program from five sites, impacting and subject them to evaluation, using some practices within formula grant programs. 280 children, to twenty-nine sites, impacting element of random assignment or a scientif- For example, formula funds can be condi- 12,000 children. In addition, they are using the ically controlled design. OMB invites agen- tioned on the adoption of evidence-based funding for a four-year longitudinal evaluation cies to explain how they will use existing practices, and high-quality technical assist- of its current early childhood grantees to waiver authorities to evaluate different ap- ance can be used to share and support imple- measure the extent to which the program proaches to improving outcomes. Agencies mentation of evidence-based practices. Com- intervention improves school readiness. should also consider seeking authority from petitive programs can assign points to appli- Congress, through the FY 2014 budget proc- cants based on their integration of such I want to highlight this emphasis on evalua- practices into formula streams. tion and the use of evidence in picking the ess, to allow new waivers linked to evalua- tion or to establish cross-agency ‘‘perform- Evidence-based grants: Several agencies— grantees for the Social Innovation Fund. Last ance partnerships’’ that enable blending of ranging from the Department of Education month, the Office of Management of Budget multiple funding streams to test better ways to the U.S. Agency for International Devel- released a memorandum that encourages the to align services and improve outcomes. Sev- opment—have implemented evidence-based use of both evaluation and evidence in the eral agencies are seeking such authority in grant programs that apply a tiered frame- government’s decisions around the FY 14 2013 for initiatives supporting distressed work to assess the evidence supporting a pro- budget process, which I am introducing into communities and disconnected youth. posed project and to determine appropriate funding levels. Under this approach, pro- the CONGRESSIONAL RECORD. This similar Expansion of evaluation efforts within ex- isting programs: In addition to specifying grams supported by stronger evidence, as es- commitment to evidence-based models and tablished in a rigorous agency process, are evaluation not only benefits the United Way evaluations to be performed with dedicated funding, agencies can also add a general pol- eligible for more funding. All programs are for Southeastern Michigan by making them eli- icy and requirements favoring evaluation expected to evaluate their results. Examples gible for unique funding streams, but also puts into existing grants, contracts, or waivers. of tiered-evidence programs include the De- them on the leading edge of change in the These measures may require new legislation. partment of Education’s Investing in Innova- Federal Government’s commitment to ‘fund For example, Congress recently approved the tion program and the Department of Health what works.’ Department of Labor’s request for a small and Human Services’ Teen Pregnancy Pre- vention and Home Visiting programs. EXECUTIVE OFFICE OF THE cross-agency set-aside for evaluation activi- Even without creating tiers, agencies can PRESIDENT, ties. provide points or significant competitive OFFICE OF MANAGEMENT AND BUDGET, Systemic measurement of costs and cost preference to programs that the agency de- Washington, DC, May 18, 2012. per outcome: Agencies are encouraged to in- termines are backed by strong evidence, and clude measurement of costs and costs per MEMORANDUM TO THE HEADS OF EXECUTIVE can build the evidence base by embedding outcome as part of the routine reporting of DEPARTMENTS AND AGENCIES evaluation into programs. Because running funded programs to allow for useful compari- From: Jeffrey D. Zients, Acting Director. evidence-based programs requires more re- son of cost-effectiveness across programs. Subject: Use of Evidence and Evaluation in sources, agencies may wish to combine mul- Agencies should release evaluations the 2014 Budget. tiple smaller programs into larger, evidence- promptly through either their agency Since taking office, the President has em- based efforts. phasized the need to use evidence and rig- websites or alternative means. OMB particu- Pay for Success: Taking the principle of orous evaluation in budget, management, larly welcomes agency proposals to improve acting on evidence one step further, the De- and policy decisions to make government public access to, and understanding of, evi- partments of Justice and Labor will be invit- work effectively. This need has only grown dence about what works and what does not. ing grant applicants to use a ‘‘pay for suc- in the current fiscal environment. Where evi- 2. Using comparative cost-effectiveness cess’’ approach, under which philanthropic dence is strong, we should act on it. Where data to allocate resources. Through the Pew or private entities (the ‘‘investors’’) pay pro- evidence is suggestive, we should consider it. Charitable Trust’s Results First initiative, a viders upfront and are only repaid by the Where evidence is weak, we should build the dozen States are currently adopting a model government if certain outcomes are met. knowledge to support better decisions in the developed by the Washington State Institute Payment amounts are based, in part, on the future. for Public Policy (WSIPP) that ranks pro- amount that the Federal, State, or local gov- Agencies should demonstrate the use of grams based on the evidence of their return ernment saves. A pay-for-success approach is evidence throughout their Fiscal Year (FY) on investment. Once evidence-based pro- appropriate where: (i) improved prevention 2014 budget submissions. Budget submissions grams have been identified, such an analysis or other up-front services can produce better also should include a separate section on can improve agency resource allocation and outcomes that lead to cost savings at the agencies’ most innovative uses of evidence inform public understanding. For example, Federal, State, or local level; and (ii) founda- and evaluation, addressing some or all of the the Environmental Protection Agency and tions or others are willing to invest. issues below. Many potential strategies have the U.S. Department of Agriculture are To date, the Administration has focused little immediate cost, and the Budget is working together to incorporate evidence its Pay for Success planning on programs fi- more likely to fund requests that dem- about the cost-effectiveness of different pol- nanced with discretionary appropriations. onstrate a commitment to developing and lution control strategies in the Chesapeake OMB invites agencies to apply a pay-for-suc- using evidence. The Budget also will allocate Bay restoration effort. cess model for programs funded by either dis- limited resources for initiatives to expand OMB invites agencies to identify areas cretionary or mandatory appropriations. the use of evidence, including but not lim- where research provides strong evidence re- Agencies should also consider using the new ited to approaches outlined below. Agencies garding the comparative cost-effectiveness authority under the America COMPETES may include these initiatives in their sub- of agency investments. The research may legislation to support incentive prizes of up mission at the guidance level or with pro- pertain to the allocation of funding across to $50 million. Like Pay for Success, well-de- posed addbacks. agency programs (e.g., research showing that signed prizes and challenges can yield a very 1. Proposing new evaluations. As in 2011 some funding streams have higher returns on high return on the taxpayer dollar. and 2012, OMB invites agencies to propose investments) or within programs (e.g., re- 4. Using evidence to inform enforcement. new evaluations. Areas of potential focus search showing that some types of grantees Rigorous evaluation of strategies for enforc- may include the following: or programmatic approaches have higher re- ing criminal, environmental, and workplace Low-cost evaluations using administrative turns). Agencies should describe the body of safety laws often reveals that some ap- data or new technology: As explained in the research and then apply its results to sup- proaches are significantly better than others Coalition for Evidence-Based Policy’s recent port a proposed resource reallocation. OMB at securing legal compliance. OMB encour- brief, agencies can often use administrative is more likely to support an existing re- ages agencies to indicate how their alloca- data (such as data on wages, employment, source allocation or a request for new re- tion or reallocation of resources among en- emergency room visits or school attendance) sources supported in this way, and may fea- forcement strategies is informed by such evi- to conduct rigorous evaluations, including ture the agency’s reasoning in the 2014 Budg- dence. evaluations that rely on random assignment, et. 5. Strengthening agency evaluation capac- at low cost. Similarly, the private sector has 3. Infusing evidence into grant-making. ity. Agencies should have a high-level offi- used new software and online tools to dra- Grant-making agencies should demonstrate cial who is responsible for program evalua- matically reduce the time and cost of experi- that, between FY 2013 and FY 2014, they are tion and can: mentation. Agencies should consider wheth- increasing the use of evidence in formula and Develop and manage the agency’s research er they can use such data or technology to competitive programs. Agencies should con- agenda;

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11677 Conduct or oversee rigorous and objective Coahoma Agricultural High School Class of the bill H.R. 5892, ‘‘Hydropower Regulatory studies; 2012. Wairterrica is the proud daughter of Efficiency Act of 2012’’, which Amends the Provide independent input to agency pol- Latoya Reddick and Eric Galmore. She has Public Utility Regulatory Policies Act of 1978 icymakers on resource allocation and to pro- (PURPA) to increase from 5,000 to 10,000 gram leaders on program management; six siblings and they reside in Friars Point, Attract and retain talented staff and re- Mississippi. kilowatts the size of small hydroelectric power searchers, including through flexible hiring Wairterrica has always viewed learning as a projects which the Federal Energy. authorities such as the Intergovernmental priority. She was an honor student throughout f Personnel Act; and school, remaining on either the Superintendent IN HONOR OF THE ANNIVERSARY Refine program performance measures, in or Principal lists. Her performance in the OF THE SIX ASSURANCES AND collaboration with program managers and classroom landed Ms. Galmore placement in THE LIFTING OF MARTIAL LAW the Performance Improvement Officer. ‘‘Accelerated’’ and ‘‘Gifted’’ classes. These goals can be accomplished by dif- As a student in high school Wairterrica IN TAIWAN ferent kinds of leaders, ranging from a chief evaluation officer who reports to the Sec- maintained her placement in high accelerated retary or Deputy Secretary to the head of an courses, while also participating in extra- HON. KENNY MARCHANT OF TEXAS independent institute in the agency. An ex- curricular activities. She was a member of the isting official could play the role, or a force- Olive Branch All Girls High School Senior IN THE HOUSE OF REPRESENTATIVES ful new position could replace several less Choir and the Olive Branch High School Co- Wednesday, July 18, 2012 empowered ones. OMB invites agencies to Ed Choir. Wairterrica also received many Mr. MARCHANT. Mr. Speaker, I rise today propose in their budget submissions ways to awards while at Olive Branch High School to commemorate two important anniversaries strengthen the agency’s evaluation capacity, such as the Positive Award, Highest Average within tight resource constraints. this month in relation to our close friend and in Math, and the Highest Average in Art. Her SUPPORT FOR EVIDENCE-BASED INITIATIVES ally: the country of Taiwan. test scores on the Mississippi Curriculum and Mr. Speaker: Since the end of World War II, OMB invites your agency to participate in Subject Test ranked in the ‘‘Advanced and the United States and Taiwan have fostered a a number of forums to improve use of evi- Proficient’’ categories. Wairterrica was also dence: close relationship that has been of enormous OMB and the Council of Economic Advisers one of two students chosen to represent strategic and economic benefit to both coun- will organize a series of topical discussions Coahoma Agricultural High School in a wom- tries. When the United States shifted diplo- with senior policy officials and research ex- en’s conference at Tougaloo College in the matic relations from Taiwan to the People’s perts in the agencies. The meeting agendas summer of 2011. Relocation caused Republic of China in January 1979, Congress will focus on administrative and policy le- Wairterrica to complete tenth through twelfth moved quickly to pass the Taiwan Relations vers for driving an increasing share of Fed- grade at Coahoma Agricultural High School, Act, TRA, to ensure that the United States eral investments into evidence-based prac- where despite the challenge she reigned vic- would continue its robust engagement with tices. We will plan summer meetings in order torious, gaining the honor of class Valedic- to help inform agencies’ evaluation plans Taiwan in the areas of commerce, culture, and and budget submissions, and will also have torian. security cooperation. On April 10, 1979, this follow-up meetings in the fall. Mr. Speaker, I ask our colleagues to join me important and lasting piece of legislation be- OMB will reinvigorate the interagency in recognizing Ms. Wairterrica Galmore, the came the ‘‘Law of the Land’’ and has since evaluation working group established in 2010 Valedictorian for Coahoma Agricultural High served as the statutory basis for U.S.-Taiwan with a series of meetings focused on issues School’s Class of 2012. relations going forward. commonly affecting evaluators, such as pro- f After 33 years, the TRA still stands as a curement rules, the Paperwork Reduction model of Congressional leadership in the his- Act, and the integration of evidence in agen- PERSONAL EXPLANATION cies’ decision-making process. tory of our foreign relations, and, together with The Performance Improvement Council the 1982 ‘‘Six Assurances,’’ it remains the cor- will convene research, performance manage- HON. SHEILA JACKSON LEE nerstone of a very mutually beneficial relation- ment, and program officials to develop ways OF TEXAS ship between the United States and Taiwan. to improve performance measures, validate IN THE HOUSE OF REPRESENTATIVES These ‘‘Six Assurances’’ were designed by their correlation with outcome data from Wednesday, July 18, 2012 President Reagan to further clarify U.S. policy program impact evaluations, and use data toward Taiwan (in particular to the sale of analytics to support more cost-effective de- Ms. JACKSON LEE of Texas. Mr. Speaker, arms to Taiwan to reiterate our commitment to cision-making. I rise regarding my excused absence from roll- Taiwan’s security under the TRA and to reaf- The Office of Science and Technology Pol- call votes 452–454 on Monday, July 9, 2012. firm our position on Taiwan’s sovereignty. It icy has created a ‘‘community of practice’’ I was unavoidably delayed on my return to for agency personnel involved in designing also stipulated that we would not pressure Tai- and managing incentive prizes and has orga- Washington from Houston, TX due to weather. wan to enter into negotiations with the PRC. nized a Science of Science Policy working I would have voted ‘‘aye’’ for rollcall vote July 14th marks the 30th anniversary of group that is developing tools aimed at es- 452, on motion to suspend the rules and pass President Reagan issuing said Six Assurances tablishing a more scientific, empirical evi- the bill H.R. 4155, ‘‘Veterans Skills to Jobs in 1982. It also marks the 25th anniversary of dence basis for science and technology pol- Act’’, which would require the head of each the lifting of martial law in Taiwan in 1987. icymaking. federal department or agency to ensure that Martial law was promulgated in Taiwan on To discuss which ideas in this memo make an applicant for any federal license who has May 19, 1949 by the Chinese Nationalist gov- most sense at your agency, please contact received relevant training while serving as a ernment, and was ended 38 years later. July your agency’s OMB contact. For more gen- eral support on evidence-based policy and member of the Armed Forces is deemed to 14, 1987 set the stage for a momentous proc- evaluation, you also may contact Dan satisfy any training or certification require- ess of democratization in Taiwan that con- Rosenbaum (Dan T. ments for the license, unless the training re- tinues to this day. We very are glad to see [email protected]). ceived is found to be substantially different that Taiwan has transformed into a full fledged f from the training or certification requirements Democracy since then. for such license. Over the past three decades, Taiwan has HONORING WAIRTERRICA I would have voted ‘‘aye’’ for rollcall vote remained a trusted ally of the United States GALMORE 453 on motion to suspend the rules and pass that shares with us the ideals of freedom and the bill H.R. 4367, ‘‘To Amend the Electronic democracy. However, the people of Taiwan HON. BENNIE G. THOMPSON Fund Transfer Act to limit the free disclosure continue to live day after day under the omi- OF MISSISSIPPI requirement for an automatic teller machine to nous shadow cast by over 1400 short and me- IN THE HOUSE OF REPRESENTATIVES the screen of that machine’’, which cancels dium-range ballistic missiles that the People’s the requirement that such a fee disclosure ap- Republic of China, PRC, has aimed at them. Wednesday, July 18, 2012 pear in a prominent and conspicuous location The PRC persists in claiming Taiwan as a Mr. THOMPSON of Mississippi. Mr. Speak- on or at the ATM. ‘‘renegade province,’’ refusing to renounce the er, I rise to honor a remarkable young woman, I would have voted ‘‘aye’’ for rollcall vote use of force to prevent Taiwan’s formal de jure Ms. Wairterrica Galmore, the Valedictorian of 454 on motion to suspend the rules and pass independence.

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11678 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 Mr. Speaker, I invite my colleagues to join RECOGNIZING THE CHRISTENING School, and was acknowledged as the Val- me in commemorating the 30th anniversary of OF THE USS ‘‘SOMERSET’’ edictorian of her eighth grade class. the Six Assurances and the 25th anniversary Throughout high school, Kineu has been of the lifting of martial law in Taiwan, to further HON. MARK S. CRITZ recognized for her many achievements in both underline our unwavering commitment to the OF PENNSYLVANIA academics and extra-curricular activities. She people of Taiwan and to affirm our support for IN THE HOUSE OF REPRESENTATIVES was a member of the band, choir, Beta Club, the strong and deepening relationship be- Student Council, and Student Body. In addi- tween the U.S. and Taiwan. Wednesday, July 18, 2012 tion to her extra-curricular activities, Kineu Mr. CRITZ. Mr. Speaker, I rise to recognize also participated in many community service f the christening of the USS Somerset. On July projects sponsored by her school and church. 28, 2012, the USS Somerset will become the As a high school graduate, Kineu plans to HONORING MARY ALICE O’CONNOR latest San Antonio class landing platform/dock, attend Alcorn State University and major in LPD, to join our Navy’s fleet. This ship will agricultural economics or nutrition and dietet- HON. GEORGE MILLER commemorate the valor and courage of the 40 ics, to aid her in her pursuit to become a food OF CALIFORNIA passengers and crew of United Flight 93 who science technologist or a dietician. gave their lives to protect our way of life on Mr. Speaker, I ask our colleagues to join me IN THE HOUSE OF REPRESENTATIVES September 11, 2001. in honoring Ms. Kineu Donald the Salutatorian Wednesday, July 18, 2012 In waters across the globe, the USS Som- for Raymond High School Class of 2012. Mr. GEORGE MILLER of California. Mr. erset will continue the fight for freedom that f Speaker, I rise today with my colleagues, Con- the United Flight 93 passengers and crew began. Wherever the ship travels, her impreg- PERSONAL EXPLANATION gressman JERRY MCNERNEY and Congress- nable exterior will symbolize our impregnable man JOHN GARAMENDI, to recognize Mary Alice O’Connor as she retires after 7 years as resolve to honor their memory and to continue HON. AL GREEN Executive Director of the Mt. Diablo Peace their legacy of sacrifice for the greater good. OF TEXAS and Justice Center. About 22 tons of steel taken from a crane IN THE HOUSE OF REPRESENTATIVES near the Flight 93 crash site in Shanksville, Mary Alice, born in Chicago, Illinois, was or- Wednesday, July 18, 2012 PA, has been incorporated into the ship’s bow dained a minister by the Unity of the Spirit stem. Like the steel from that crane, the Amer- Mr. AL GREEN of Texas. Mr. Speaker, yes- Ministry School in 1991 and earned her bach- ican people have taken a new form since terday I was unavoidably detained and missed elor’s in business administration from Golden 9/11. We are stronger and more resilient than the following votes: Gate University in 2002. After many years we were prior to that fateful day. Like the steel 1. H.R. 6018—To authorize appropriations working for industry leaders in the communica- from that crane, we have emerged from the for the Department of State for fiscal year tions sector, Mary Alice joined the Peace and tragic events of September 11th ready and 2013, and for other purposes, as amended. Justice Center as executive director in 2005. eager to take on new challenges, embark on Had I been present, I would have voted ‘‘yes’’ Over the past 7 years, her work has embodied new journeys and explore new horizons. on this bill. the Peace and Justice Center’s mission ‘‘to The USS Somerset is the last of three ships 2. S. 2009—Insular Areas Act of 2011. Had work for a culture of peace through education, that have been built in honor of the September I been present, I would have voted ‘‘yes’’ on advocacy and community building,’’ while at 11th victims. The USS New York, christened this bill. the same time increasing business operations in March 2008, was built as a tribute to the in- f and doubling the Center’s operational budget dividuals who lost their lives at the World in just 3 years. RETURN OF THE INTERNATIONAL Trade Center and the USS Arlington, chris- AIDS CONFERENCE Under Mary Alice’s leadership, the Peace tened in March 2011, was built as a tribute to and Justice Center planned, expanded, and the servicemembers and civilians who per- promoted a number of invaluable community ished at the Pentagon. HON. BARBARA LEE programs that have raised awareness for both Mr. Speaker, I celebrate the christening of OF CALIFORNIA local and global issues of social justice. The the USS Somerset with great pride. It is my IN THE HOUSE OF REPRESENTATIVES ‘‘Speakers’ Forum’’ hosts distinguished individ- most sincere hope that the delivery of this ship Wednesday, July 18, 2012 uals to address global peace, issues of envi- will provide the family members and friends of ronmental justice, gun violence, and the poli- the passengers and crew of United Flight 93 Ms. LEE of California. Mr. Speaker, for the tics of crime and punishment that affect quality with some measure of solace. For the USS first time in more than two decades, the of life in local communities. The ‘‘Art and Writ- Somerset will carry the story and sacrifice of United States will host the 19th International ing Challenge’’ encourages awareness and their loved ones to the Sailors and Marines AIDS Conference—drawing over 20,000 peo- discussion among Contra Costa County stu- tasked with defending our freedoms, pro- ple from around the world to our Nation’s cap- dents of the environment, economic inequality moting peace and providing assistance across ital. and the promotion of non-violence. The first our oceans. Having participated in every Conference ‘‘Creating Peaceful Schools Conference’’ f since I was first elected to Congress in 1998, brought together over a hundred local edu- I knew we could not bring the conference back cators to develop strategies for promoting non- HONORING KINEU DONALD to the United States until the discriminatory violence in the classroom and encouraging immigration ban on people living with HIV was children to focus on ways to promote a more HON. BENNIE G. THOMPSON lifted. peaceful and just environment. Furthermore, OF MISSISSIPPI In 2007, I first introduced a bill to repeal the through peaceful public protests against wars IN THE HOUSE OF REPRESENTATIVES ban. Few believed it could be done, but in Iraq and Afghanistan and many educational through bipartisan support we achieved this forums developed by Mary Alice and her Wednesday, July 18, 2012 goal. board of directors, the Center has become a Mr. THOMPSON of Mississippi. Mr. Speak- This week, the return of the Conference is well-known hub for thoughtful discussion of er, I rise today to honor Ms. Kineu Donald, an important opportunity to shine a global current events in the East Bay Area. Salutatorian of Raymond High School; Class spotlight on the fight against AIDS in African Mr. Speaker, we invite this chamber to join of 2012. Kineu was born to the proud mother American communities and a national spotlight us in honoring Mary Alice O’Connor for her of Sheillia Donald, on December 16, 1993, in on the ongoing global epidemic. tireless and dedicated service to the people of Edwards, Mississippi. Today, I will introduce new legislation to do Contra Costa County. We join her family, col- She attended Bolton-Edwards schools just that. leagues, and friends in congratulating her on through middle school. While in middle school Ending the HIV/AIDS Epidemic Act articu- a successful and fulfilling career at the Mt. Kineu was consistent in her efforts to remain lates a policy and financing framework to Diablo Peace and Justice Center, and wish on the Honor Roll and Principal’s List. She fin- achieve an AIDS-Free Generation in the her the very best on her future endeavors. ished Bolton-Edwards Elementary Middle United States and globally.

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11679 I urge all my colleagues to support it so that INVESTMENT HEROES: TOP 25 NONFINANCIAL COMPANIES gether and pool their resources are remark- we can begin to bring an end to AIDS here at BY U.S. CAPITAL EXPENDITURE* ably skilled at employing those resources to home and around the world. their most useful and productive ends. They U.S. Capital f Rank and Company Expenditures do so because they have a vested stake in ($Sbns) the future of their towns and cities, and they TELECOMMUNICATIONS SECTOR understand the burdens borne to finance that INVESTS IN THE NATIONAL 1 AT&T** ...... 20.1 2 Verizon Communications** ...... 16.2 future because they are the ones who bear ECONOMY 3 Exxon Mobil ...... 11.7 4 Wal-Mart ...... 8.2 them. I can think of no finer example of this 5 Intel ...... 7.4 remarkable and unique characteristic of our HON. RANDY HULTGREN 6 Occidental Petroleum ...... 6.2 7 ConocoPhillips ...... 5.6 shared heritage than the opening of the Gene OF ILLINOIS 8 Comcast** ...... 5.3 Upshaw Memorial Tahoe Forest Cancer Cen- IN THE HOUSE OF REPRESENTATIVES 9 Chevron ...... 4.8 10 Southern Company** ...... 4.5 ter and I am proud to rise today in celebration Wednesday, July 18, 2012 11 Hess ...... 4.4 of this auspicious occasion. 12 Exelon** ...... 4.0 Mr. HULTGREN. Mr. Speaker, as the na- 13 Ford Motor ...... 3.9 f tional economy continues to struggle, I would 14 General Electric ...... 3.7 15 Enterprise Product Partners** ...... 3.6 HONORING LISA WARD like to highlight an encouraging development 16 Sprint Nextel** ...... 3.1 with regard to the telecommunications sector. 17 Walt Disney ...... 3.0 18 FedEx ...... 2.9 As the attached synopsis of a recent report by 19 Time Warner Cable** ...... 2.9 HON. BENNIE G. THOMPSON the Progressive Policy Institute indicates, in- 20 General Motors ...... 2.8 OF MISSISSIPPI 21 Target ...... 2.5 vestment in the economy is a critical factor in 22 IBM ...... 2.5 IN THE HOUSE OF REPRESENTATIVES promoting growth, creating jobs, and stimu- 23 Chrysler Group ...... 2.5 24 Google ...... 2.2 Wednesday, July 18, 2012 lating productivity. I applaud the telecom in- 25 Apple ...... 2.0 dustry for its contribution to this effort. Mr. THOMPSON of Mississippi. Mr. Speak- Total ...... 136.2 er, I rise today to honor a worthy member of REPORT: TELECOM SECTOR LEADS THE WAY IN DOMESTIC ECONOMIC INVESTMENTS * Universe includes nonfinancial Fortune 150 companies from 2011; fi- our society Mrs. Lisa Ward. Lisa Ward and her nancial reporting from FY11. While the domestic economy continues to ** Reported to have U.S. operations only; may include a small amount of husband, Darrel Ward, are the proud parents struggle, a new report shows that the tele- non-U.S. investment. of two. communications space remains one of the f Mrs. Ward is a dedicated and devoted mom, biggest investors in attempting to boost the who works tirelessly in the Canton Public nation’s fortunes. CELEBRATING THE OPENING OF School District and in the community to make The Progressive Policy Institute report, THE GENE UPSHAW MEMORIAL a difference in the lives of children. As an em- ‘‘Investment Heroes: Who’s Betting on Amer- TAHOE FOREST CANCER CENTER ployee for the Canton Parks and Recreation ica’s Future,’’ found that among non-finan- cial institutions, AT&T and Verizon Commu- Department in the city of Canton, she has nications were the two top investors of cap- HON. TOM McCLINTOCK helped to create various service-oriented ac- ital expenditures in the country last year. OF CALIFORNIA tivities for our youth. AT&T took the top spot with a reported $20.1 IN THE HOUSE OF REPRESENTATIVES Some of those youth activities include in- billion in investments in 2011, with Verizon door and outdoor sports, movies in the park, Wednesday, July 18, 2012 investing $16.2 billion. carnivals, health feasts and decreasing child- ‘‘The exponential growth in consumer de- Mr. MCCLINTOCK. Mr. Speaker, I rise today hood obesity. Understanding the importance of mand for cable and wireless data services to celebrate the completion and opening of the makes it both a necessity and an incentive community and parental involvement Mrs. for these companies to invest in building out Gene Upshaw Memorial Tahoe Forest Cancer Ward works diligently to garner support and their service capabilities,’’ the report noted. Center in Truckee, California. sponsorships from vendors, merchants, and ‘‘Investment is what led to development of Led by Medical Director Laurence Heifetz, parents in the community to offer these and the latest high-speed 4G networks, estimated MD, FACP, and Medical Oncologist Hema- other activities to help provide recreational op- to be 50% more efficient in streaming wire- tologist Ahrin Koppel, MD, the Tahoe Cancer portunities for children and to help them de- less data than its 3G predecessor. What’s Center first opened its doors in 2006 with a velop socially. In her desire to serve as a con- more, the commitment of these telecom mission of providing quality care for cancer cerned and involved parent in the lives of chil- companies to investment in wireless infra- patients in the Tahoe region. dren, she often goes above and beyond the structure, cable communications, and proc- The Center’s services are vast and include: essing equipment is a good example of how call of duty. In honor of her dedication and investment can have important spillover medical evaluation, examination, diagnosis contribution to her local community and chil- benefits. By using the infrastructure devel- and treatment; chemotherapy infusion and dren, Mrs. Ward has received the Parent of oped and maintained by telecom companies, blood product administration; pharmacy, lab- the Year award from the McNeal Elementary companies that develop software applica- oratory and diagnostic imaging services; a School and the District Parent of the Year tions for smart devices along with companies psychosocial services program with wellness, award from the Canton Public School District. that provide Internet services—like support groups, nutritional counseling and re- Mr. Speaker, I ask our colleagues to join me Facebook and Twitter—are able to innovate habilitation therapies; professional and caring in recognizing Mrs. Lisa Ward, for her commit- and get those innovations to consumers staff; and Financial Counseling for patients. quickly. Because of the broadband networks ment and contribution to helping improve the in place these non-telecom companies are And for the first time in the Truckee-Tahoe lives of children in the Canton Public School able to expand their businesses and service area, the expanded Center will also house ra- District, located in the Second Congressional offerings.’’ diation oncology services as well. District of Mississippi. Other telecom-related companies on the In coordination with the University of Cali- f list included Comcast at No. 8 with $5.3 bil- fornia Davis Cancer Care Network, the Tahoe lion in investments; Southern Company, Forest Cancer will provide world class treat- HONORING DR. JOSEPH THOMAS which owns wireless operator SouthernLINC, ment and care for cancer patients in north- FELSEN, MD UPON THE OCCA- at No. 10 with $4.5 billion; Sprint Nextel at SION OF HIS ‘‘RETIREMENT’’ No. 16 with $3.1 billion in investments; Time eastern California and Nevada. The Center Warner Cable at No. 19 with $2.9 billion in in- will connect patients not just to the best in vestments; Google at No. 24 with $2.2 billion modern treatments and equipment, but to HON. TOM REED in investments; and Apple at No. 25 on the some of the most renowned medical profes- OF NEW YORK list with $2 billion in investments. sionals in our state. I am certain that both IN THE HOUSE OF REPRESENTATIVES ‘‘The role of investment in the economy is these patients and their families will reap the essential,’’ Diana Carew, an economist at the dividends of this facility for decades to come, Wednesday, July 18, 2012 Progressive Policy Institute and co-author of the report, told Breakout ‘‘It creates jobs. It often in the hour of their greatest need. Mr. REED. Mr. Speaker, I rise today to rec- boosts wages. It boosts productivity. It stim- Mr. Speaker, the foundation of our nation’s ognize Dr. Joseph Thomas Felsen on his ‘‘re- ulates growth. It affects millions of Ameri- strength has always been found in our local tirement’’ as he transitions to a new adven- cans in a very positive way.’’ communities. Neighbors who willingly band to- ture. Commonly referred to as Dr. Joe, he

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11680 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 dedicated over 35 years to serving my district. and founding Co-Chair of the Philadelphia So- view of any mineral exploration or mining per- Between raising funds for Jones Memorial viet Jewry Council. mit that might diminish opportunities for these Hospital, joining various health committees in Joe served on the Boards of United Way of activities. the district, and working to bring more physi- Greater Philadelphia and the American Jewish I would have voted ‘‘aye’’ for rollcall vote cians to the rural areas of his county, Dr. Joint Distribution Committee. He was a past 467 on motion that the House instruct con- Joe’s unselfish concern for others improved Chairman of the Board of the Jewish Federa- ferees. the well-being of his patients and community. tion of Greater Philadelphia and Vice Presi- I would have voted ‘‘aye’’ for rollcall vote Dr. Joe has been an outstanding member of dent of the National Museum of American 468, on final passage of H.R. 4402—National this district for his entire life. He was born at Jewish History and Vice-Chair of the Anti-Def- Strategic and Critical Minerals Production Act Jones Memorial Hospital and later worked amation League. He was a recipient of the of 2012 which would require federal agencies there as an attending physician in Internal Jewish Federation of Greater Philadelphia’s to expedite environmental review of proposed Medicine from 1979 until his retirement. Prac- highest honor, the 2003 Avodat Ha Kodesh mining projects, and limits the judicial review ticing for over 30 years in the same building Community Award and is a member of Central process for challenges to approved mining as his father, Dr. Irwin Felsen, the two com- High School of Philadelphia’s Hall of Fame. permits on federal lands or associated envi- bined for 73 years of patient centered care in He and his beloved wife Constance received ronmental reviews. In addition the measure the 29th district. the Soviet Jewry Council Human Rights would give mining companies control over the I am extremely grateful for Dr. Felsen’s in- Award, the Mellon Bank Good Neighbor timing of permitting decisions for virtually all valuable contributions to our community and Award and the State of Israel Bonds Humani- mining operations on public land, not just wish him the best of luck when he and his tarian Award. Together they chaired the those involving strategic or critical minerals. wife, Florence Anne, leave for the Peace ‘‘Israel 50’’ celebration and the first Philadel- Corps this September. phia Jewish Book Fair. f But, more than anything, Joe was a loving f HONORING GIDARELL BRYANT family man. He cherished and inspired his TRIBUTE TO JOSEPH SMUKLER, children and grand children and lived for Con- ESQ. stance. He will be deeply missed by all of us HON. BENNIE G. THOMPSON and I’m proud to have known him. OF MISSISSIPPI HON. ROBERT A. BRADY f IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA PERSONAL EXPLANATION Wednesday, July 18, 2012 IN THE HOUSE OF REPRESENTATIVES Mr. THOMPSON of Mississippi. Mr. Speak- Wednesday, July 18, 2012 HON. SHEILA JACKSON LEE er, I rise to honor a remarkable man, Gidarell Mr. BRADY of Pennsylvania. Mr. Speaker, I OF TEXAS Bryant, Jr., Valedictorian of Rosa Fort High rise to honor my friend, the late Joseph IN THE HOUSE OF REPRESENTATIVES School in Tunica, Mississippi Class of 2012. Smukler, Esq. Gidarell was born on November 25, 1993 in Joseph was a giant of a man. He was a hu- Wednesday, July 18, 2012 Clarksdale, Mississippi to Ms. Tammie Turner manitarian, a philanthropist, a scholar and an Ms. JACKSON LEE of Texas. Mr. Speaker, and Gidarell Bryant, Sr. attorney of great renown. He was universally I rise regarding my excused absence from roll- Gidarell has always had a competitive na- recognized as one of the most public spirited call votes 462–468 on Thursday, July 12, ture. Graduating as Valedictorian of his class citizens of the Delaware Valley. 2012. I was unavoidably delayed on my return was a goal that he set for himself in middle Joe was a tireless advocate of the voice- to Washington due to pressing matters in my school and at the close of his senior year of less. The urge to advocate led to his leader- District. high school was privileged to be bestowed the ship on behalf of Jews persecuted in the I would have voted ‘‘aye’’ for rollcall vote honor. To remain focused on his goals, former Soviet Union and to reach out to the 462, on agreeing to the Tonko (NY) Amend- Gidarell often recalled his mother’s words, ‘‘If poor and disadvantaged at home through ment, which would narrow the scope of the you put in no effort you will get nothing in re- charitable work. His professional advocacy led underlying bill to address strategic and critical turn. Whatever you want to achieve in life his statewide peers to recognize him as Penn- minerals only; the underlying bill covers mining comes with hard work and hard work will pay sylvania’s ‘‘Super Lawyer’’ in 2004. for virtually all minerals, including sand, gravel, off.’’ Joseph had a keen intellect, which he and clay. In accordance with her advice, Gidarell took honed as a cum laude graduate of Kenyon I would have voted ‘‘aye’’ for rollcall vote advanced coursework in high school such as: College, with an A.B. and Highest Honors in 463, on agreeing to the Hastings (FL) amend- Chemistry, Physics, Calculus, and Trigo- Economics, Harvard Law School where he ment, which would give the lead agency, in nometry, achieving many academic and hon- earned an LL.B., Oxford University England the event of new or unforeseen information, orary awards throughout his secondary edu- where he attained a Graduate Diploma in law, the authority to extend by two six-month peri- cation and as an honor student throughout el- and at Gratz College where he was awarded ods the arbitrary 30 month time limit the bill ementary, middle, and high school. Gidarell his Doctor of Hebrew Laws (Hon.) imposes on permit approval. was inducted into both the National Junior He was a natural leader who served as a I would have voted ‘‘aye’’ for rollcall vote Honor Society in middle school and National First Lieutenant in the United States Air Force. 464, on agreeing to the Markey amendment Honor Society in high school, where he served That talent and leadership ability advanced (A003), which would require a royalty payment as Vice President. He was also chosen as a him through the legal ranks to the positions of of 12.5 percent of the value of hardrock min- student ambassador for Lead America and senior partner and chairman of the Personal erals such as gold, silver and uranium mined People to People programs, and has served Injury Group at the prestigious firm of Fox, on federal lands. The revenue generated by as a scholar in the Rotary Youth Leadership. Rothschild LLP. royalty payments would be dedicated to clean- Gidarell also received nominations for the Joseph’s leadership and commitment to ing up the more than 160,000 abandoned United States Achievement Academy. community propelled him to the ranks of our hardrock mines. Currently, companies pay no Gidarell credits his mother for diligently region’s great philanthropists. He was a past royalty to mine hardrock minerals on federal working to keep him focused on his goals; his president of the Family Service of the Main lands. grandmother, Leola Turner, was always sup- Line, Jewish Campus Activities Board (Hillel), I would have voted ‘‘no’’ for rollcall vote 465, portive of him; his two uncles, Chester and Association for Jewish Children, and the Jew- on agreeing to the Young (AK) amendment, Corneilous Lambert, who are retired military ish Community Relations Council, where he which would require the Forest Service to personnel, who have not only served this was also honorary President. He served as allow mining roads in areas currently des- country but also served as male role models. Commissioner of the Philadelphia Fellowship ignated as roadless. Gidarell will attend Mississippi State Univer- Commission, Chairman of Har Zion Radnor I would have voted ‘‘aye’’ for rollcall vote sity and major in Business Administration. Temple, Vice-President and Board of Trustees 466, on agreeing to the Grijalva amendment After receiving his undergraduate degree, he member of Har Zion Temple, Vice-Chairman which would protect hunting, fishing, grazing hopes to attend Harvard University to pursue of the National Conference on Soviet Jewry and recreation on public lands by requiring re- a professional degree. Gidarell hopes to one

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11681 day serve as Governor of Mississippi, in addi- commitment to his loved ones will ensure that ports many community endeavors and en- tion to owning a National Basketball Associa- his legacy lives on for years to come. gages local stakeholders in shaping the future tion franchise that he would relocate to Mis- f of the Southeast Michigan region. sissippi. Mr. Speaker, it is an honor to have sup- Mr. Speaker, I ask our colleagues to join me THE DESIGNATION OF MEADOW ported Oakland University in its endeavor to in recognizing Mr. Gidarell Bryant, Jr. as Val- BROOK HALL AT OAKLAND UNI- have Meadow Brook Hall designated a Na- edictorian of Rosa Fort High School Class of VERSITY AS A NATIONAL HIS- tional Historic Landmark. As a symbol not only 2012, in Tunica, Mississippi. TORIC LANDMARK of Michigan’s history, but also its future, the f designation of Meadow Brook Hall as a Na- HON. GARY C. PETERS tional Historic Landmark is truly becoming of A TRIBUTE TO THE LIFE OF OF MICHIGAN its significant impact on the communities of FRANK M. TOSTE, SR. IN THE HOUSE OF REPRESENTATIVES Southeast Michigan. f HON. JIM COSTA Wednesday, July 18, 2012 Mr. PETERS. Mr. Speaker, it is with great FORMER PENNSYLVANIA GOV- OF CALIFORNIA ERNOR WILLIAM WARREN IN THE HOUSE OF REPRESENTATIVES pride that I rise today to join with Oakland Uni- versity in celebrating the designation of Mead- SCRANTON Wednesday, July 18, 2012 ow Brook Hall as a National Historic Land- Mr. COSTA. Mr. Speaker, I rise today to mark. HON. LOU BARLETTA pay tribute to the life of Mr. Frank M. Toste Meadowbrook Hall, built on what was the OF PENNSYLVANIA Sr., a respected dairyman and community Dodge family’s Meadow Brook Farms in 1929 IN THE HOUSE OF REPRESENTATIVES leader, who passed away on Thursday, July in then Avon Township, now Rochester Hills, Wednesday, July 18, 2012 12, 2012. His dedication to family and farming Michigan, is a symbol of the American auto- Mr. BARLETTA. Mr. Speaker, I rise today to made him a true source of pride for Califor- motive industry’s transformative effect on honor former Pennsylvania Governor William nia’s San Joaquin Valley and our nation. Michigan. When the 88,000-square foot, 110- Warren Scranton on the occasion of his 95th A proud product of California’s agriculturally room residence was envisioned by Matilda birthday. rich San Joaquin Valley, Frank was born in Dodge Wilson, the widow of Dodge Brothers Governor Scranton comes from a long line Riverdale, California on January 26, 1921 to Motor Car Company cofounder John F. of statesmen and his family founded the Mary Carreiro and Joseph Toste, who were Dodge, it was a country residence for her and Northeastern Pennsylvania city of Scranton. Portuguese immigrants from the Azore Is- her family. Today, Meadow Brook Hall is the After graduating from Yale University in 1939, lands. He attended Valley schools and devel- site of Oakland University, a fully fledged insti- he enlisted in the United States Army Air oped a love and appreciation for the San Joa- tution of higher learning which supports a stu- Corps just before World War II. Although he quin Valley. Mary and Joseph instilled a sense dent body of 19,000 undergraduate and grad- did not see combat, he served honorably and of responsibility and dependability in Frank uate students. remained active in the U.S. Air Force Re- early in his life. As a young boy Frank worked In Meadow Brook Hall’s construction, Mrs. serves for two decades. on his family’s small dairy in Kerman, Cali- Wilson held true to many of the principles that Governor Scranton’s public service began in fornia, where he learned the value of hard guided the greats of America’s automotive in- the 1950s, when President Dwight D. Eisen- work. Years later, those same values would dustry. Believing in the spirit of American inno- hower appointed him as a special assistant to encourage Frank to serve his nation in the vation and contrary to the prevailing practices the U.S. Secretary of State in 1959. After a lit- United States Army during World War II. He of the time, Mrs. Wilson had the Tutor-revival tle over a year, Governor Scranton was elect- served in Northern Africa, Italy, France, and styled estate constructed almost entirely from ed to the U.S. House of Representatives for Germany. During his service he achieved the American materials crafted by American de- Pennsylvania’s 10th District. As a freshman rank of Staff Sergeant. signers. And in keeping with the spirit of com- member, he fought tirelessly for his constitu- Upon returning home, Frank met and mar- munity involvement that has been ever preva- ents and fostered bipartisan support for the ried the love of his life, Iva Jean Heitz. To- lent in the American automotive industry, Mrs. common good. In 1962, he successfully ran gether, they started their own business, the Wilson often used the grounds of Meadow for Governor of Pennsylvania, defeating then Hillview Dairy Farm near Easton, California. Brook Hall to host charitable events and civic Philadelphia Mayor Richardson Dilworth. Dur- His passion and enthusiasm for farming, com- engagements. ing his four years in office, Governor Scranton bined with his skills and work ethic, made him In 1955, it became a focus of the commu- advocated for a strong education system, con- a very successful farmer and dairyman. Frank nity in Oakland County that as Michigan’s sec- tinued industrial development in the United loved what he did and passed on the gift of ond most populous county, area residents States and abroad, and fiscally responsible farming to younger generations in his family. should join together to cultivate a local institu- policy. Frank’s contributions to his community went tion of higher learning. Answering the call of In 1966, Governor Scranton vowed to never beyond his exceptional farming abilities. He their community, Mrs. Wilson and her second run for public office again, but his service to was active in many organizations including the husband, Mr. Alfred Wilson, bequeathed the the community did not end. From 1967 to Knights of Columbus, the Cabrillo Civic Club, entire 1500-acre Meadowbrook estate to the 1968, Governor Scranton attended the Penn- the Veterans of Foreign Wars, Farm Bureau, State of Michigan. And after supporting the sylvania Constitutional Convention and helped and the Dairy Herd Improvement Association. endeavor with an additional two million dollars, write a new constitution for the state. Addition- His participation and admirable service to his Michigan State University (MSU) opened its ally, he continued his public service through community made him a valuable leader and MSU-Oakland Campus in 1959. MSU-Oakland leadership positions with several civic organi- respected voice on important Valley issues. would become known as Oakland University in zations including; director of the Boys Club of He will be sorely missed. 1963. Scranton, vice president of the University of Frank is survived by his loving wife of 63 Steeped in the history of Michigan’s indus- Scranton’s President’s Council, director of the years, Iva; his sons, Frank Toste Jr., Ron trial ingenuity, Meadow Brook Hall has come Scranton Chamber of Commerce, and vice Toste, and Scott Toste; his grandsons, Frank to embody the American automotive industry’s president of the board of directors for Toste III, Jason Toste, Jacob Toste; his grand- spirit of transformation. Just as the auto indus- Geisinger Memorial Hospital. daughters, Marlene Borges, Anneka Ander- try once raised millions of Americans into the After turning down several proposals to run son, and Roni Aust; five great-grandsons; two middle class, Meadow Brook Hall and Oakland again for public office, Governor Scranton ac- great-granddaughters; his brother Willie Toste; University continue that proud tradition; pro- cepted an appointment from President Gerald and many nieces and nephews. viding our youth the tools they need to be- Ford in 1976 to serve as the United States Mr. Speaker, I ask my colleagues to join me come the successful leaders of tomorrow. And Ambassador to the United Nations. His ability in paying tribute to the life of Mr. Frank M. throughout its years, the spirit of philanthropy to promote diplomacy and genuine interest in Toste Sr. His character truly exemplified the and service upon which Meadow Brook was human rights earned him favor with many na- best of what America has to offer. His many gifted to the State, continues to be a funda- tions and promoted a positive world view of contributions to agriculture and unwavering mental tenant to Oakland University as it sup- the United States.

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11682 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 Mr. Speaker, today, Governor Scranton em- command. He served as the Commanding Of- clude the Knights of Colombus, League of bodies the traits, ideals, and values which ficer of EOD Mobile Unit FOUR as well as Women Voters, Boy Scouts of America, Land- many of us strive to achieve today, and I am Commander, Task Group 56.1 in Bahrain. At marks Society and AARP. honored to congratulate him on his many the Joint CREW Program Office, PMS–408, Morty Golden was a community servant, years of dedicated civic service to the commu- he served as the Director, Test and Evaluation dedicating himself to the betterment of our is- nity of Northeastern Pennsylvania, the Com- and Principle Assistant Program Manager be- lands, especially St. Croix. He was among the monwealth, and the country. fore arriving at JIEDDO. generation of Virgin Islanders who guided the f Today, one of the greatest threats faced by growth and development of the modern Virgin our service men and women is the improvised Islands, working to develop the tax system, HONORING ARIEL KOMINIQUE explosive device, TED. Our troops face an the planning, land use and conservation laws, TAYLOR adaptive enemy with little regard for the sanc- and the Virgin Islands National Guard. His tity of human life. As a Member of the House most recent service of note was as a Delegate HON. BENNIE G. THOMPSON Armed Services Committee, I work closely to the Fifth Constitutional Convention, where OF MISSISSIPPI with JIEDDO to help provide the necessary he advocated for transparent, workable gov- IN THE HOUSE OF REPRESENTATIVES capabilities to protect our service men and ernment. I knew him as an elder statesman, always Wednesday, July 18, 2012 women from the TED threat. JIEDDO has made significant strides to combat those dan- ready with words of wisdom on how to make Mr. THOMPSON of Mississippi. Mr. Speak- gers by not only reducing the effectiveness of our islands a better place to live and our gov- er, I rise today to honor a remarkable young IED attacks themselves, but also by targeting ernment function in a way that served the woman, Ms. Ariel Kominique Taylor. Ariel was and eliminating the enemy networks that seek needs of all its people. He was a champion of born in Indianola, Mississippi, to LaShunda to use these devices to harm our troops. municipal government and of transparent gov- King and Kamia Taylor. She is a dedicated Captain Gaghan has contributed greatly to ernment with more accountability to its citi- member of Weeping Mary Baptist Church and protecting the lives of our troops in Iraq and zens. He was a champion of good governance proud member of the Humphreys County High Afghanistan. At JIEDDO, he was initially re- and for the further development of our territory School Class of 2012. sponsible for leading all Counter-TED re- through the adoption of its own Constitution. Ariel’s commitment to academic excellence search and development efforts in support of Arnold M. Golden was born on December earned her the title of Salutatorian for Hum- our Combatant Commanders urgent needs. In 13, 1931 in the town of Frederiksted to Louis phreys County High School Class of 2012. At this role, he developed and delivered numer- R. and Violet (Pedersen) Golden. He was the Humphreys County High School, Ariel was a ous capabilitie3 that have enabled our forces eldest of 10 children and attended the St. charter member of Students Making a to more effectively detect IEDs, jam radio-con- Mary’s and St. Patrick’s Parochial Schools. He Change, SMAC, a participant in The Mayor’s trolled initiators and identify Home Made Ex- graduated from Christiansted High School in City Youth Council, and was a member of the plosive precursors. Lieutenant General Mi- 1949 and attended the Polytechnic Institute Youth with a Vision Community Choir. She chael Barbero, Director of JIEDDO, quickly and UPRAT Mayaguez in 1949 and later the also served as a sports journalist for the recognized Captain Gaghan’s strong leader- University of the Virgin Islands, where he pur- school’s newspaper, a member of the Varsity ship abilities and selected him to fill two key sued interests in engineering and manage- Cheerleader Squad, and the school’s tennis positions in the past year: JIEDDO’s Chief of ment. team. Staff and Acting Deputy Director of Rapid Ac- Morty worked briefly at VICORP before After graduating, Ariel plans to attend Jack- quisition and Technology. Throughout his ten- being drafted into the U.S. Army, where he son State University and major in mathematics ure at JIEDDO, Captain Gaghan’s tireless ef- served 2 years of active duty, with one tour of with an emphasis in accounting. forts and great dedication helped JIEDDO duty in Korea. He was later Commissioned in Mr. Speaker, I ask our colleagues to join me achieve its mission of rapidly providing the Armed Forces Reserves, and served with in recognizing Ms. Ariel Kominique Taylor for Counter-IED capabilities in support of the the Army Reserve Unit on St. Croix for a num- her continued effort in achieving excellence in warfighter to defeat the IED as a weapon of ber of years. Later he was employed by A.C. education and leadership. strategic influence. Sanford as a land surveyor, where he worked f I am proud to share in the celebration of on the construction of the Alexander Hamilton Captain Gaghan’s military career, and I join Airport. He was later employed as an ap- HONORING CAPTAIN FREDERICK E. his colleagues in honoring his extraordinary praiser by the Tax Assessor’s Office, assisting GAGHAN leadership at JIEDDO and his distinguished in the modernization of the office and tax sys- military service. tem. HON. SILVESTRE REYES f In 1968, he was elected to the Virgin Is- OF TEXAS lands Legislature and was instrumental in the IN HONOR OF THE LATE ARNOLD IN THE HOUSE OF REPRESENTATIVES passage of legislation to create the Planning M. GOLDEN, SR. Office, the Executive Budget Act, and land Wednesday, July 18, 2012 conservation legislation. He worked on legisla- Mr. REYES. Mr. Speaker, I rise today to HON. DONNA M. CHRISTENSEN tion authorizing Governor Melvin Evans to se- recognize Captain Fredrick E. Gaghan of the OF THE VIRGIN ISLANDS cure the authority to activate a National Guard Joint Improvised Explosive Device Defeat Or- IN THE HOUSE OF REPRESENTATIVES Unit in the Virgin Islands, as well as the Jr. ganization, JIEDDO, who will retire in Novem- ROTC units. ber after 25 years of service. Wednesday, July 18, 2012 Morty Golden was honored to serve in nu- Captain Gaghan has had a long and distin- Mrs. CHRISTENSEN. Mr. Speaker, today I merous positions under the administration of guished career in the United States Navy. rise to pay tribute to the life of one of my con- Governor Juan F. Luis to include: Adminis- Upon graduation from Hartwick College in stituents, the late Arnold M. Golden, Sr., who trator, Commissioner of Public Works, Com- 1987, he enlisted in the Navy as part of the passed away at his home on St. Croix last missioner of Commerce and Assistant to the Special Operations Officer Program and was Saturday. Arnold M. Golden was a Crucian Governor. He also served on many govern- subsequently commissioned in 1988. As a gentleman and statesman, one who spent all ment boards and commissions. He also man- young naval officer, Captain Gaghan served of his life in service to his family and his com- aged the Sunny Isles Shopping Center in be- onboard USS Opportune, ARS 41, as a quali- munity. tween his government service. Upon his retire- fied Surface Warfare Officer. Following his ini- Known to family and friends as ‘‘Morty’’, he ment in 1987, he returned to land surveying. tial sea assignment, he became an Explosive distinguished himself as a Virgin Islands Sen- He served the community in various com- Ordnance Disposal, EOD, officer and was first ator, a St. Croix administrator, Commissioner munity organizations to include the Catholic assigned to EOD Mobile Unit NINE. Through- of both the Departments of Public Works and Social Center, the Knights of Columbus, the out his career, Captain Gaghan has displayed Commerce under the Governor Juan Luis Ad- Boy Scouts, the League of Women Voters, exceptional professionalism and technical pro- ministration, and the manager of the Sunny Landmark Society, and AARP. He has been ficiency. As such, he was identified by his sen- Isle Shopping Center. He served on many honored for his outstanding community service iors as a leader who could be entrusted with community groups and organizations to in- by the Jr. Chamber of Puerto Rico, the U.S.

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11683 Army, the U.S. Navy, U.S. Postal System and served 13 children. To date, Hillsides has res- OUR UNCONSCIONABLE NATIONAL Rotary Club of St. Croix West. cued over 110,000 families and is recognized DEBT Mr. Speaker, Arnold M. Golden’s most im- as a leader in children’s rights advocacy portant role was as the patriarch of his be- issues. Encompassing a comprehensive net- HON. MIKE COFFMAN loved family. He was preceded in death by his work of residential and community facilities OF COLORADO son, Louis M. Golden, and leaves behind his that provide an unmatched depth and breadth IN THE HOUSE OF REPRESENTATIVES beloved wife of 56 years, Carmen Maria of resources to at-risk children and families, (Encarnacion) Golden, his children: Helen Hillsides has pioneered techniques that have Wednesday, July 18, 2012 Marie Danielson, Violet Anne Golden, Peder become standard practices and ranks among Mr. COFFMAN of Colorado. Mr. Speaker, Mark Golden, Carmen Louise Walker, and Ar- the region’s most respected and trusted orga- on January 20, 2009, the day President nold M. Golden, III, his grandchildren: Leroy E. nizations in the field. Obama took office, the national debt was Danielson, Jr., Janelle Marie Plummer, Louis I am honored to recognize Hillsides for its $10,626,877,048,913.08. M. Danielson, Lionel Danielson, David M. 100 years of loving care and support to count- Today, it is $15,884,155,929,632.05. We’ve Thomas, Jasmine L. Walker, Benjamin Walk- less children and families and I ask all Mem- added $5,257,278,880,718.97 to our debt in er, IV, Christina Walker, Nico Golden, Carla bers to join me in congratulating Hillsides for just over 3 years. This is debt our nation, our Golden and Juma Golden and four great- its remarkable achievements. economy, and our children could have avoided grandchildren: Leroy E. Danielson, III, Alimah with a balanced budget amendment. M. Danielson, Daylon Lee Tank Yuk and f f Louriz M. Danielson. Mr. Speaker, the life and legacy of Arnold HONORING MELVIN YOUNG, JR. HONORING SERGEANT MAJOR M. Golden is one of which the entire U.S. Vir- TAMMY COON gin Islands community is very proud. He is an HON. BENNIE G. THOMPSON example of public service at its best. My family OF MISSISSIPPI HON. GRACE F. NAPOLITANO and staff extend our condolences to his family IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA and friends. May he rest in peace. IN THE HOUSE OF REPRESENTATIVES f Wednesday, July 18, 2012 Wednesday, July 18, 2012 A TRIBUTE TO HILLSIDES Mr. THOMPSON of Mississippi. Mr. Speak- er, I rise today to honor a determined young Mrs. NAPOLITANO. Mr. Speaker, I along man, Mr. Melvin Young, Jr. with Representative ISSA rise today to pay trib- HON. ADAM B. SCHIFF Melvin Savelle Young, Jr. was born June ute to Sergeant Major Tammy Coon, United OF CALIFORNIA 28, 1994 in Vicksburg, Mississippi to the proud States Army. Sergeant Major Coon has served IN THE HOUSE OF REPRESENTATIVES parents of Melvin Young, Sr. and Rhonda a distinguished career in the United States Wednesday, July 18, 2012 Morris Young. He is also the proud grandson Army, spanning over twenty eight years. She Mr. SCHIFF. Mr. Speaker, I rise today to of Bernice Profit of Hollandale, Mississippi and has distinguished herself with exceptional mer- honor Hillsides, a nonprofit organization for the late Emma Lee Dorsey of Rolling Fork, itorious service in a succession of positions of abused and emotionally disturbed children, in Mississippi. great importance and responsibility to the Pasadena, California upon its 100th Anniver- While in high school, Melvin was the runner Army and the nation. She has culminated her sary. up for Mr. South Delta High School, a member military career in the Army’s Office of the In 1913, Evelyn Wile, a kindhearted young of the varsity football, baseball, and the track Chief of legislative Liaison as a Congressional deaconess of the Episcopal Church, opened team. He also participated in the JROTC pro- Legislative Liaison to the United States House Hillsides Home for Children in Highland Park gram. He is a faithful member of Salem Mis- of Representatives for the past 2 years. Addi- for 13 abandoned children that sought to re- sionary Baptist Church where he is a devoted tionally, she is the first Sergeant Major in the ject the established approach of cold, uncaring choir member. In conjunction with his hopes to United States Army to serve as a Congres- institutions and provide a personal and empa- positively impact his community, Melvin be- sional Legislative Liaison to the House of Rep- thetic community for homeless children. came a member of the Mayor Youth Council resentatives. Over the course of the 28 years Ms. Wile’s vision of a campus of cottages and has worked as a volunteer at the Sharkey which she has spent in uniform serving her where children could flourish in a country-like County Tax Assessor and Collector Office. country, she has been cited by her command environment surrounded by sunshine, fresh Melvin also volunteered in the emergency re- as exhibiting outstanding initiative, leadership air, and open space became a reality in 1918, sponse efforts of the county to save public and professionalism in all of her actions. In when she moved the home from Highland records during a flooding crisis; as a volunteer doing so, she has made significant contribu- Park to 17 acres in the San Rafael Hills of he worked to move official records to a secure tions to the welfare of soldiers and their fami- Pasadena, where it has remained to this day. location. lies, to say nothing of the service she has pro- The increase in space allowed Evelyn to build In the fall Melvin plans to attend Mississippi vided to the people of this nation. more residential cottages and an administra- Gulf Coast Community College in Perkinston, Sergeant Major Coon’s previous positions of tion building, which was completed in 1927. Mississippi where he will pursue a degree in significant leadership included: First Sergeant, Over the next 40 years, Hillsides Home for Pre-Engineering. Headquarters and Headquarters Company, 1st Children was a safe haven where children Mr. Speaker, I ask our colleagues to join me Space Brigade, Colorado Springs, Colorado; were the top priority. In the 1960s, Hillsides in recognizing Mr. Melvin Savelle Young, Jr. Chief, Enlisted Promotions, Human Resources shifted focus from being an orphanage to be- for his hard work and dedication in his efforts Command, Alexandria, Virginia; Senior En- coming a center for abused and emotionally to achieve his goals. listed Advisor, Directorate of Personnel, Multi- disturbed children. By the late 1970s, it had National Forces-Iraq (MNF–I), Baghdad, Iraq; grown to include 14 on-campus buildings and f Senior Enlisted Advisor, Special Management 2 satellite homes. Hillsides Education Center Division, Human Resources Command, Alex- was established in 1982 to offer specialized PERSONAL EXPLANATION andria, Virginia; and Senior Enlisted Advisor instruction for students with behavioral chal- for Soldier Programs/Community Recreation, lenges or learning disabilities, and the Family HON. W. TODD AKIN Department of the Army, Alexandria, VA. Center was created that same year to provide OF MISSOURI Sergeant Major Tammy Coon served as a crisis intervention and parent education for at- IN THE HOUSE OF REPRESENTATIVES Congressional Legislative Liaison to the risk families. Hillsides Home for Children’s United States House of Representatives, Wednesday, July 18, 2012 name changed to Hillsides in 1999. In 2005, Washington, DC. During this assignment she Hillsides Youth Moving On was established, a Mr. AKIN. Mr. Speaker, on rollcall Nos. 469 served as the primary point of contact for 70 transitional living program for young adults and 470 I was delayed and unable to vote. Members of Congress within the Pacific Re- leaving foster care. Had I been present I would have voted ‘‘no’’ gion, which included California, Nevada, Ha- In the last century, Hillsides has grown tre- on rollcall No. 469, and ‘‘aye’’ on rollcall No. waii, Guam, American Samoa and the Com- mendously from Ms. Wile’s original home that 470. monwealth of the Northern Mariana Islands.

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11684 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 Additionally, she served as the Army House leled in the halls of Congress. We are grateful PERSONAL EXPLANATION Liaison Division’s primary point of contact for for the advocacy Sergeant Major Coon has Wounded Warrior Care issues and for the done on behalf of the physical and mental well HON. LUIS V. GUTIERREZ Mental Health and Invisible Wounds Cau- being of soldiers and their families. Sergeant OF ILLINOIS cuses, routinely interacting with Members of Major Coon has provided us with advice and IN THE HOUSE OF REPRESENTATIVES Congress and senior staffers. counsel on issues affecting wounded warriors Wednesday, July 18, 2012 As First Sergeant, Headquarters and Head- and their families that has lead to legislative quarters Company, 1st Space Brigade, Colo- action improving wounded warrior care and Mr. GUTIERREZ. Mr. Speaker, I was un- rado Springs, Colorado, she was responsible mental health care. We particularly appreciate avoidably absent in the House chamber for for discipline, health & welfare, safety, and the work Sergeant Major Coon has done with votes yesterday. I would like the record to training of 120 active duty, reserve, and Na- our staff in providing them with the materials, show that, had I been present, I would have tional Guard soldiers as well as 130 Depart- briefings and support they need to work on voted ‘‘yea’’ on rollcall votes 469 and 470. ment of the Army Civilians. Even though the issues affecting the Army. f unit was deployed in five separate locations, Sergeant Major Coon’s dedication to duty HONORING THE DEDICATED Sergeant Major Coon ensured that the sol- SERVICE OF SOL FLORES diers, civilians, and families were well cared and superior leadership has left an indelible for. mark on the United States Army, the soldiers Sergeant Major Tammy Coon served as the with whom she has served, and the Congress HON. JANICE D. SCHAKOWSKY Chief, Enlisted Promotions, Human Resources of the United States. Her actions, in over 28 OF ILLINOIS Command, Alexandria, Virginia. She managed years of military service, are in keeping with IN THE HOUSE OF REPRESENTATIVES the Department of the Army’s enlisted pro- the finest traditions of the United States Army. Wednesday, July 18, 2012 We have been honored to work with Sergeant motion system, affecting Army enlisted sol- Ms. SCHAKOWSKY. Mr. Speaker, last diers worldwide. Her guidance and leadership Major Coon, and thank her for extraordinary service to our nation. week the White House honored leaders who were instrumental in the execution of over have made a significant difference in the way 50,000 promotions annually, while markedly f their communities combat homelessness increasing the efficiency of the promotion among children and youth. I am pleased that process. Additionally, Sergeant Major Coon re- HONORING CHERRY MATHIS one of the 13 ‘‘Champions of Change’’ is Sol viewed and provided input for regulatory guid- Flores, Executive Director of La Casa Norte in ance revisions. She routinely proposed new Chicago. initiatives and prepared correspondence on HON. BENNIE G. THOMPSON Nearly one million American men, women behalf of the President, Congress and Depart- and children are currently homeless. That is ment of Army Senior Leadership. OF MISSISSIPPI simply unacceptable, but progress is being As the Senior Enlisted Advisor, Directorate IN THE HOUSE OF REPRESENTATIVES made. Because of Sol’s leadership of La Casa of Personnel, Multi-National Forces-Iraq Norte, the city of Chicago—and the Humboldt (MNF–I), Baghdad, Iraq, she was the principal Wednesday, July 18, 2012 Park neighborhood in particular—has seen a advisor for all enlisted personnel readiness significant reduction in homelessness. and Human Resource management issues for Mr. THOMPSON of Mississippi. Mr. Speak- Since founding La Casa Norte 10 years 150,000 U.S. military and 13,000 members er, I rise today to honor a young woman ago, Sol has made it her mission to serve from 25 Coalition Countries deployed in sup- whose commitment to her academics has youth and families facing homelessness. La port of Operation Iraqi Freedom. During this earned her this recognition. Casa Norte’s continuum of services to assist time she developed, synchronized, and imple- Ms. Cherry Mathis. Ms. Mathis is a straight- children, young adults, and families has prov- mented personnel policies and training that A honors graduate of Charleston High School en incredibly successful. Eighty-four percent of impacted enlisted members throughout the in Charleston, Mississippi. youth leaving La Casa Norte’s transitional Iraqi theater. housing program find permanent housing, and As the Senior Enlisted Advisor, Special She has been consistent in maintaining the highest average in nearly all of her courses 87 percent of families who receive homeless Management Division, Human Resources prevention assistance maintain housing sta- Command, Alexandria, Virginia, Sergeant throughout high school. Her grade point aver- age is an astounding 4.1, which gives her the bility. The organization is a recognized leader Major Coon was responsible for the manpower in effective homeless prevention in the Chi- management and strength management of en- highest average among her peers in the twelfth grade. As a result of her studious feat, cago area and across the country. listed personnel assigned to Special Mission I thank Sol Flores for her tireless efforts to Ms. Mathis was designated as the Valedic- Units (SMU) and Special Access Programs promote stable homes and stable commu- torian of the Charleston High School Class of (SAP) which support national security objec- nities, and I wish her continued success. Her 2012. tives. SGM Coon compiled, analyzed, and pro- leadership of La Casa Norte and dedication to duced personnel statistical information for all Receiving this honor implies that Ms. Mathis eradicating homelessness are worthy of her enlisted career management fields quarterly is incredibly hard working, and dedicated to distinction as a ‘‘Champion of Change.’’ reviews ensuring that these units were prop- her education. She has earned numerous f erly manned in order to execute missions di- awards and distinctions such as being in- rected by the National Command Authority. ducted into the National Honor Society and RECOGNIZING THE SERVICE OF While serving as the Senior Enlisted Advisor the National Society of High School Scholars. BRINTON W. OVERHOLT, SR. IN for Soldier Programs/Community Recreation, However, her proudest accomplishment was THE UNITED STATES ARMY Department of the Army, Alexandria, Virginia, being named as a National Merit Scholar. In she coordinated and implemented Soldier Pro- addition to her academic responsibilities, Ms. HON. DAN BURTON grams for 84 United States Army Garrisons Mathis has also held leadership positions in OF INDIANA and had oversight of a $40 million budget. several school organizations including the IN THE HOUSE OF REPRESENTATIVES She co-authored and analyzed strategies and Yearbook Club, the Fellowship of Christian Wednesday, July 18, 2012 surveys for various Army initiatives and served Athletes, Science Club, and Student Council. as lead trainer for all Soldier programs across Mr. BURTON of Indiana. Mr. Speaker, I rise the Army, training over 30,000 Soldiers and ci- Ms. Mathis plans to attend the University of tonight to honor an outstanding Hoosier for his vilians. Mississippi where she will major in Integrated patriotism and service during World War II. Sergeant Major Coon is the perfect rep- Marketing Communications. She believes that Brinton W. Overholt, Sr., 90-years young this resentative of the United States Army. We obtaining this degree will be a primary tool in year, served with honor in the United States have gotten to know Sergeant Major Coon as achieving her future goals. Army from 1944–1946. Trained stateside at the ‘‘soldier with a smile’’. She brings an en- Mr. Speaker, I ask our colleagues to join me Camp Blanding, Fort Meade, and finally Camp joyment and enthusiasm to serving her coun- in recognizing Ms. Cherry Mathis for her out- Shanks; Brinton was eventually shipped over- try and representing the Army that is unparal- standing academic achievements. seas to support the Allied march liberation of

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11685 France. Landing in Le Havre, France, Brinton Ben Douglas Kynard was born in Eureka United Methodist Church. After marrying her was assigned as a casualty replacement for Springs, Arkansas, on February 28, 1920, to husband Clarence Holmes, she joined Bethel the 106th Division, 423rd Battalion, Squad 4 of Bennett and Amelia Kynard. When he was just A.M.E. Church in Mound Bayou, Mississippi. the 3rd Platoon. The 106th Division served seven years old, his mother passed away. Upon completing high school Lucille grad- with distinction in France; helping to trap some Three years later, his father remarried, moving uated from Mississippi State University in 20,000 German soldiers around St. Lazare; a the family to Kansas City. He learned first to 1978 where she received a Bachelor’s Degree vital submarine base near Paris. Of the Divi- play the horn, and later the saxophone, from in Special Education. Upon graduation she ob- sion’s original compliment of 1500 soldiers; his older brother B.C. Kynard began to play tained a position at Boswell Retardation Cen- only 88 would survive the war. professionally in 1938 at the age of eighteen, ter, now known as Boswell Regional Center in Shooting the 81 mm mortar, Mr. Overholt performing in night clubs in Kansas and in Sanatorium, Mississippi, as a special adult served in the Heavy Weapons Unit. Later, he country clubs with his companion, Celester education teacher. would become the squad leader, directing the White and later Oliver Todd’s band, known as Her goal early in her youth was to become shots of the mortar men. While Overholt was the Hottentots. an educator due to her second grade teacher still in France, Nazi Germany surrendered; Kynard later joined the U.S. Army, where he Ms. Viola Johnson. Ms. Johnson’s teaching and the 106th Division became part of the played in a military band, one that frequently techniques and methods impacted her deci- United States Army of Occupation in Ger- played at officers’ clubs and funerals. After re- sion to become an educator. many. turning to Kansas City, he joined Lionel Hamp- Mrs. Holmes educational philosophy is that The American soldiers moved into German ton’s band and traveled the country with the all children can learn and they have the right houses and Brinton Overholt was assigned the group from 1946 until 1953. He wrote ‘‘Red to be taught the way they learn. As an educa- of taking inventory of the household so that if Top,’’ which is still a jazz favorite, while on tor she believes it is her responsibility to learn the U.S. soldiers broke anything or if some- tour in Newark, New Jersey. He named it after how each child learns and teach him or her thing went missing, our government would re- his wife Joyce, whom he married in 1953 and accordingly. Furthermore, she is always willing place it. Brinton was in the midst of an inven- had red hair at the time. After seven years to do the unthinkable to ensure that each and tory when an officer informed him that he was with the band, Kynard left and returned to every life she touches is changed in a positive going to be shipped out to the Pacific for the Kansas City, where he worked for the United way. invasion of Japan. Fortunately, for Brinton and States Postal Service for thirty-two years, still In 1981 she began employment with the the Japanese, Brinton was granted a 30- day playing jazz in the evenings. He also main- Cleveland School District at East Side High furlough in the U.S., before his rotation to tained his career as a jazz composer, writing School, as a special education teacher. In Japan and the war would be over before his music for himself and other local musicians. 1983 she went to Delta State University and furlough ended. One of the highlights of my life was the completed her Master Degree in Guidance Brinton spent the rest of his military career evening my father-in-law, who lived directly and Counseling. After completion of her de- at Camp Campbell in Kentucky. (now called across the street from Mr. Kynard, introduced gree she went to work in the Shaw School Fort Campbell) where he served as a medic’s me to the jazz great himself. Later, he played District as an elementary school counselor at and Chaplain’s Assistant to special troops. in my in-laws’ living room the song that gave McEvans. She left Shaw to work in the Shelby Brinton would in fact serve under three dif- him fame, ‘‘Red Top.’’ Sadly, on July 5, 2012, school system as an elementary, middle ferent Chaplains over the time he was there— Mr. Kynard passed away at the age of 92. He school and high school counselor. In 1997 Lu- including Chaplain John Brown. was survived by his wife Joyce, of fifty-nine cille returned to the Cleveland School District If you ask him about his service during the years, their two children, Brett and Carmen, as a counselor at East Side High School. She war, Brinton will tell you quite honestly and and their two grandchildren. I am proud to has since received her certification in school matter-of-factly, that he doesn’t consider him- have known Mr. Kynard and have heard him— administration. self a hero, just a kid who served his country on a number of occasions—blow that sax. Mrs. Holmes is the mother of two children, because it was the right thing to do. I ask my Mr. Speaker, please join me in commending Cristal Arlette and Clarence Anthony Holmes colleagues to join with me today to honor and Mr. Kynard for his contribution to the world of Jr. whom she has instilled the importance of thank Brinton W. Overholt Sr.; because it is jazz and honoring his musical accomplish- getting an education, just as she has for the the right thing to do. ments as a jazz great. Mr. Kynard was an ac- students in her classroom. f complished musician who left behind a rich Mr. Speaker, I ask that our colleagues join RECOGNIZING THE LIFE AND legacy that will continue to inspire generations me in recognizing Mrs. Lucille Holmes for her ACHIEVEMENTS OF JAZZ GREAT to come. His loss will be felt by many, not just commitment to education. BEN KYNARD in the Kansas City community, but also by f those throughout the jazz world who miss this HON. EMANUEL CLEAVER exceptional jazz talent. We wish his family the RETIREMENT OF DOMINIC ROMEO very best during this time of bereavement. We FROM NEW JERSEY FRATERNAL OF MISSOURI ORDER OF POLICE IN THE HOUSE OF REPRESENTATIVES would also remind them that no one is dead who is remembered. To be sure, Mr. Kynard Wednesday, July 18, 2012 will, indeed, be remembered. HON. FRANK A. LoBIONDO Mr. CLEAVER. Mr. Speaker, I proudly rise f OF NEW JERSEY today to pay tribute to Ben Kynard, the great IN THE HOUSE OF REPRESENTATIVES jazz saxophonist, whose musical perform- HONORING LUCILLE HOLMES Wednesday, July 18, 2012 ances, jazz compositions, and great legacy continues to enrich the lives of so many jazz HON. BENNIE G. THOMPSON Mr. LOBIONDO. Mr. Speaker, I extend my enthusiasts. OF MISSISSIPPI deepest appreciation to Dominic Romeo for Kansas City jazz has become a worldwide IN THE HOUSE OF REPRESENTATIVES the more than 50 years of service to the state staple. It was born in a town where, as the of New Jersey as a law enforcement officer great Monarch manager, Buck O’Neal, said, Wednesday, July 18, 2012 and advocate for the Fraternal Order of Police. ‘‘Everything was wide open.’’ No one knows Mr. THOMPSON of Mississippi. Mr. Speak- The true embodiment of a public servant, Dom how many nightclubs and cabarets were in op- er, I rise today to honor a remarkable educa- began his career in 1959 as a seasonal police eration during the 1930s. The clubs were tor, Lucille Holmes. officer in his hometown of Wildwood and rose packed and the great musicians were work- Ms. Holmes is the second of four children through the ranks, including two stints as ing—and playing. In those ‘‘hot’’ clubs, Mary born to the late Mr. Arthur D. Randle and Mrs. President of the Cape May County FOP Lou Williams, the jazz pianist, said that Kan- Josephine Randle of Starkville, Mississippi. Lodge 7. His leadership and commitment to sas City was, ‘‘A heavenly city . . . musicians Her maternal grandparents are the late Walter the oath ‘to serve and protect’ are a model for everywhere.’’ Indeed, they were. Among them and her paternal grandparents are Earlene current and aspiring officers. His advice and was the soft spoken saxophonist Ben Kynard, Franklin and the late Charlie and Lydia Randle insight have helped me on Congressional who as a teenager, migrated to Kansas City She was born in a small community known as issues related to law enforcement. On behalf from Arkansas. Rock Hill and was a member of Rock Hill of South Jersey residents and all those kept

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11686 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 18, 2012 safe by his selfless actions, I wish Dom the Men of Malvern who will be attending its Iris Zimmermann, and Jason Turner from Romeo a very relaxing, rewarding retirement 72nd annual retreat at the Malvern Retreat Rochester, Meghan Musnicki from Naples, and thank him both for his steadfast friendship House on July 20, 2012. Molly Huddle from Elmira, and Henrik Rummel and service to South Jersey. The L.J. Ferdinand Hazleton Group began from Pittsford achieved their goal of competing f in 1941, when nine men from Hazleton, Penn- for the U.S. Olympic team. Lochte, Zimmer- sylvania, traveled from Hazleton to Malvern, mann, and Turner head to London as veteran RECOGNIZING THE LIFE AND PUB- Pennsylvania, to seek spiritual guidance and Olympians in swimming, fencing, and shoot- LIC SERVICE OF EVERETT ‘‘BUD’’ inspiration. Founded in 1912, the Malvern Re- ing, respectively, while the other four will com- RANK, JR. treat House is the largest and second oldest pete for the first time in various events includ- Catholic retreat house in the United States. ing soccer, rowing, and track and field. HON. DEVIN NUNES This year, the Malvern Retreat House cele- Qualifying for the Olympic Games is one of OF CALIFORNIA brates its 100th year anniversary. For the last the highest athletic honors the world has to IN THE HOUSE OF REPRESENTATIVES one hundred years, the Malvern Retreat offer. The countless hours these seven ath- House has been a place of reflection and Wednesday, July 18, 2012 letes sacrificed practicing and perfecting their sanctuary for over one million men and skill set exemplifies the true American spirit. I Mr. NUNES. Mr. Speaker, I rise to today to women from all fifty states and abroad. will proudly watch these seven Olympians recognize the life and work of Everett ‘‘Bud’’ As a Catholic, it is an honor to recognize compete for a Gold Medal in London and I Rank, Jr., who passed away on June 3, 2012. the L.J. Ferdinand Hazleton Group of the Men hope they attain the success they deserve. He will not only go down in history as a former of Malvern, an organization that has given so f member of both the Nixon and Reagan Ad- much back to the community. On a personal ministrations’ Agriculture Departments, but as note, I have had the esteemed privilege of at- HONORING SHUNDRARIA an avid golfer, ardent family man, and long- tending the annual Malvern Retreat a number RONEISHA TRIBBLE time Valley rancher. of times in the past. Bud was a lifelong Fresno resident. He was Mr. Speaker, I commend the L.J. Ferdinand HON. BENNIE G. THOMPSON born on December 1, 1921 and attended Clo- Hazleton Group of the Men of Malvern for all OF MISSISSIPPI vis High School before fighting in World War they do for Northeastern Pennsylvania and I IN THE HOUSE OF REPRESENTATIVES II for four years as a gunner’s mate in the congratulate the Malvern Retreat House on South Pacific. After the war, Bud returned to celebrating its one hundred years of dedicated Wednesday, July 18, 2012 his roots in Fresno to help organize the Clovis service to our country and its citizens. Mr. THOMPSON of Mississippi. Mr. Speak- chapter of the Future Farmers of America; f er, I rise to honor a remarkable young woman: where he later served as president. Shundraria Roneisha Tribble. Shundraria is Bud’s passion for agriculture was reflected PERSONAL EXPLANATION the only daughter of Michelle Tribble of Fal- by the time and effort he contributed to the con, Mississippi. many organizations he was a part of. He was HON. SHEILA JACKSON LEE She graduated as an outstanding scholar of a member of the California Farm Bureau OF TEXAS Madison Shannon Plamer High School. Young Farmers and Ranchers, the Clovis IN THE HOUSE OF REPRESENTATIVES Throughout her high school career she has re- Grange, the International Cotton Advisory Wednesday, July 18, 2012 mained on the Principal and Superintendent Committee, the Sierra Soil and Water Con- Lists. She was a member of the Beta Club, Ms. JACKSON LEE of Texas. Mr. Speaker, servation District, and many others. Bud the Student Council, and the United States I rise regarding my absence from rollcall votes worked within the Agriculture Department, first Achievement Academy. Shundraria was also 469–470 on Tuesday, July 17, 2012. I was at- as Western Regional Director of Agriculture elected as Miss Madison Shannon Palmer tending a funeral. Stabilization and Conservation Service, then High School 2011–2012. I would have voted aye for rollcall vote 469, as both head of the ASCS and Executive Vice As a freshman, Shundraria set a goal to on motion to suspend the rules and pass the President of the Commodity Credit Corp. graduate in the top ten of her senior class, bill H.R. 6018 ‘‘Foreign Relations Authorization While his commitment to the San Joaquin and through hard work and determination she Act’’, which would authorize appropriations for Valley agricultural community was unmatched, was named class Salutatorian on May 12, the Department of State for fiscal year 2013, Bud’s commitment to education was equally 2012. Shundraria aspires to enter the medical and for other purposes. impressive. He wanted each student to have I would have voted aye for rollcall vote 470, field as a Registered Nurse to later venture on every opportunity to thrive in school and reach on motion to suspend the rules and pass the to become a physician. the highest level of education possible. He did bill S. 2009, ‘‘Insular Areas Act of 2011’’ which Mr. Speaker, I ask our colleagues to join me this by serving three terms as the President of would require a study of possible health risks in recognizing Ms. Shundraria Roneisha the Clovis Unified School District Board of to people living on an atoll in the Marshall Is- Tribble, Salutatorian for Madison Shannon Trustees in the 1960s and early 1970s. His lands, and also delay an increase in the min- Palmer High School Class of 2012. contribution and impact on the community are imum wage in American Samoa, and require f now honored and remembered though the those increases to take place every three HONORING THE SIXTH CONGRES- Bud Rank Elementary School in Clovis. years instead of annually. Bud was a legendary community leader. He SIONAL DISTRICT OF GEORGIA’S cared greatly about the future of the San Joa- f OLYMPIC ATHLETES quin Valley residents and youth. He leaves be- RECOGNIZING LOCAL 2012 hind a legacy that will be hard to equal. The OLYMPIANS HON. TOM PRICE people of Fresno will miss Bud for years to OF GEORGIA come, but will never forget all that he gave HON. TOM REED IN THE HOUSE OF REPRESENTATIVES and did for the people of Fresno County. OF NEW YORK Wednesday, July 18, 2012 f IN THE HOUSE OF REPRESENTATIVES Mr. PRICE of Georgia. Mr. Speaker, today L.J. FERDINAND HAZLETON Wednesday, July 18, 2012 I rise to honor two constituents from the 6th GROUP OF THE MEN OF MALVERN Mr. REED. Mr. Speaker, I rise today to con- Congressional District of Georgia, Kathleen gratulate seven remarkable athletes who are Hersey and Eric Hurd, who will compete in the HON. LOU BARLETTA competing in the Summer Olympic Games in 2012 Summer Olympics in London. Kathleen OF PENNSYLVANIA London later this month. Of the 530 Ameri- Hersey will be participating in 100m/200m but- IN THE HOUSE OF REPRESENTATIVES cans participating in the Olympics, these 7 will terfly, while Eric Hurd will be in the Slalom proudly represent my district. I wish them the Double Canoe event. Wednesday, July 18, 2012 best of luck in each of their respective sports. By taking second place in the 200m but- Mr. BARLETTA. Mr. Speaker, I rise today to Through dedication and determination, Ryan terfly, Kathleen qualified for her second Olym- honor the L.J. Ferdinand Hazleton Group of Lochte from Canandaigua, Abby Wombach, pic games. Last year Kathleen won a national

VerDate Sep 11 2014 15:16 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E18JY2.000 E18JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 18, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11687 title and a gold medal at the Duel in the Pool, On behalf of the people of the Sixth Con- SENATE COMMITTEE MEETINGS both in the 200m butterfly. She finished eighth gressional District and my wife and children, I Title IV of Senate Resolution 4, in the same event in Beijing four years ago. extend our deepest sympathies to the family agreed to by the Senate on February 4, Kathleen has shown amazing dedication, dis- of Specialist Nick Taylor, including his father, 1977, calls for establishment of a sys- cipline, and devotion to swimming, training Timothy Taylor, his mother Stephania, brother tem for a computerized schedule of all roughly 9,000 yards per day, six days a week. Drew, and sisters Holly and Sophia. The Bible meetings and hearings of Senate com- Eric earned a spot on this year’s Olympic tells us, ‘‘The Lord is close to the broken- mittees, subcommittees, joint commit- team by winning the Gold earlier this year at hearted,’’ and that shall be our prayer. May tees, and committees of conference. the 2012 Pan American Championship in God bless the memory of this brave young This title requires all such committees Brazil. Eric also finished first at the 2012 U.S. man. The name of Specialist Nicholas Andrew to notify the Office of the Senate Daily Olympic Teams Trials in Charlotte, North Taylor will be forever enshrined in the hearts Digest—designated by the Rules Com- Carolina. Eric’s paddling career began at At- of a grateful state and nation. mittee—of the time, place, and purpose lanta’s ‘‘Waterworks’’—a single Class II rapid of the meetings, when scheduled, and with gates set up for training purposes. Since f any cancellations or changes in the then, he has been preparing rigorously ahead meetings as they occur. of this year’s games by training at the U.S. IN RECOGNITION OF SHIRLEY E. As an additional procedure along National Whitewater Center in Charlotte, North COVERDALE with the computerization of this infor- Carolina. mation, the Office of the Senate Daily Mr. Speaker, I know I speak for all Members HON. TIMOTHY H. BISHOP Digest will prepare this information for of the House in wishing these two outstanding OF NEW YORK printing in the Extensions of Remarks individuals the best of luck. Their exceptional IN THE HOUSE OF REPRESENTATIVES section of the CONGRESSIONAL RECORD commitment to athleticism is an inspiration to on Monday and Wednesday of each us all. I know Kathleen and Eric, along with a Wednesday, July 18, 2012 week. multitude of other exceptional athletes across Mr. BISHOP of New York. Mr. Speaker, I Meetings scheduled for Thursday, this great land of ours, will be a wonderful il- rise to recognize Shirley E. Coverdale, First July 19, 2012 may be found in the Daily lustration to the world of American strength Lady of the First Baptist Church of Riverhead, Digest of today’s RECORD. and perseverance. New York, who is being honored on July 21st f for thirty years of service to her church and MEETINGS SCHEDULED community. IN MEMORY OF A HOOSIER HERO, JULY 20 In her tireless work on behalf of others, Mrs. 10:30 a.m. SPECIALIST NICHOLAS ANDREW Coverdale has come to embody the mission of TAYLOR Homeland Security and Governmental Af- the church where her husband, Charles fairs Coverdale, serves as pastor. As a faith com- To hold hearings to examine the nomina- HON. MIKE PENCE munity, First Baptist seeks to offer hope and tions of Walter M. Shaub, Jr., of Vir- OF INDIANA service to both its members and the commu- ginia, to be Director of the Office of IN THE HOUSE OF REPRESENTATIVES nity at large. Mrs. Coverdale’s hand and heart Government Ethics, and Rainey Ran- Wednesday, July 18, 2012 som Brandt, and Kimberley Sherri have been instrumental in almost every aspect Knowles, both to be an Associate Judge Mr. PENCE. Mr. Speaker, as flags fly at of the church’s work. of the Superior Court of the District of half-staff in northeast Indiana today, I rise with Specifically, Mrs. Coverdale has served as Columbia. a heavy heart to remember and honor a con- Sunday school superintendent; director of an SD–342 stituent, Indiana National Guard Specialist after-school mentoring program in collabora- Nicholas Andrew Taylor, an American hero tion with the Riverhead School District; devel- JULY 24 who lost his life while courageously supporting oper of a computerized membership and fi- 10 a.m. combat operations in Kandahar Province, Af- nancial management database for the church; Banking, Housing, and Urban Affairs To hold hearings to examine housing ghanistan, on July 16, 2012. He served with project manager for C.A.R.E, which estab- lished a volunteer corps of senior citizens; partnerships in Indian country. the 713th Engineer Company of the Indiana SD–538 National Guard based out of Valparaiso, Indi- grant writer; fundraiser; and catalyst for legis- Energy and Natural Resources ana. lation that improves the quality of life for ordi- To hold hearings to examine assessing Army Specialist Nick Taylor was from the nary people. the opportunities for, current level of small town of Berne, Indiana. Despite receiv- Furthermore, Mrs. Coverdale is committed investment in, and barriers to the ex- ing several offers to play college football after to social justice, care for the elderly and infirm, panded usage of natural gas as a fuel graduating from South Adams High School in education, and leadership development. She for transportation. 2010, Specialist Taylor signed up to serve his is a powerful voice for people in need, and an SD–366 advocate for the less fortunate among us. In Environment and Public Works country in the Indiana National Guard. He was Superfund, Toxics and Environmental a hard worker and a man of integrity. He ex- her current work as Executive Director of the Health Subcommittee celled in everything he did, whether it was Family Community Life Center in Riverhead, To hold a joint oversight hearing to ex- being a three-sport athlete or his involvement New York, she is spearheading the develop- amine Environmental Protection Agen- in First Missionary Church. ment of a Community Benefit District that in- cy authorities and actions to control Specialist Taylor wanted to follow in his fa- cludes housing for working families, a recre- exposures to toxic chemicals. ther’s footsteps. His father, Timothy Taylor, is ation complex, an early childhood develop- SD–406 Berne’s chief of police and those who knew ment center and an adult day health program. Judiciary Nick said he wanted to continue his public In typical fashion, Mrs. Coverdale also finds Immigration, Refugees and Border Secu- rity Subcommittee service after his deployment by applying to the time to do the important hands-on work of the To hold hearings to examine strength- Fort Wayne Police Department. He also church and is presently the caregiver and ening the student visa system. planned to use the money he earned from his guardian for the oldest widow in the church. I SD–226 military service to enroll in college and study am proud to know Shirley Coverdale and to 2:30 p.m. criminal justice. represent her as a constituent in New York’s Commerce, Science, and Transportation Specialist Taylor was an outstanding citizen- First Congressional District. I know that her To hold hearings to examine the Cable soldier who, along with the other brave mem- husband, two children, eight grandchildren and Act at 20. bers of the 713th, was assigned a dangerous great-grandchild are also proud of her. SR–253 Judiciary mission and performed courageously on be- Mr. Speaker, Shirley E. Coverdale has in- Constitution, Civil Rights and Human half of a grateful state and nation. Our hearts deed earned the title of First Lady of her Rights Subcommittee in Indiana are heavy as we remember one church in a multitude of ways, perhaps most To hold hearings to examine responding who lost his life wearing the uniform of the importantly through being a living example of to Citizens United and Super PACs. United States, and those he left behind. the ideals she espouses. SH–216

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