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

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

Vol. 157 WASHINGTON, TUESDAY, FEBRUARY 15, 2011 No. 24 House of Representatives The House met at 10 a.m. and was nearly half of the practicing engineers engineering to our children of all back- called to order by the Speaker pro tem- in our country eligible to retire over grounds. pore (Mrs. ELLMERS). the next few years, the central goal of I can attest to my own childhood ex- f Engineers Week, attracting new stu- periences with science and engineering dents to engineering careers, has never and how they captivated me. I remem- DESIGNATION OF SPEAKER PRO been more important. That is why edu- ber in high school at St. Ignatius my TEMPORE cating and inspiring America’s youth calculus and physics teachers, espe- The SPEAKER pro tempore laid be- about engineering and science needs to cially Father Thul and Father Fergus, fore the House the following commu- be a national priority. helped mold my childhood fascination nication from the Speaker: Engineers design and build all of our into an interest in engineering. These WASHINGTON, DC, everyday products, such as bridges, air- teachers, together with informal expe- February 15, 2011. planes, roads, computers, medical de- riences at places like the Museum of I hereby appoint the Honorable RENEE vices, cars and power plants, just to Science and Industry and even at ELLMERS to act as Speaker pro tempore on name a few. But engineering is more Brookfield Zoo, helped motivate me to this day. than that. Engineering is problem solv- pursue an undergraduate degree in me- JOHN A. BOEHNER, Speaker of the House of Representatives. ing. We have many problems to solve, chanical engineering from North- from our dependence on foreign oil to western University and a degree in en- f our crumbling infrastructure. And as a gineering economic systems from Stan- MORNING-HOUR DEBATE recent National Academies report ex- ford. One of the central goals of Na- The SPEAKER pro tempore. Pursu- plained, while only 4 percent of our Na- tional Engineers Week is to provide ant to the order of the House of Janu- tion’s workforce is composed of engi- this kind of inspiration for the next ary 5, 2011, the Chair will now recog- neers and scientists, this group dis- generation of students. nize Members from lists submitted by proportionately creates jobs for the During Engineers Week in Chicago I the majority and minority leaders for other 96 percent. will be attending the Engineers Week morning-hour debate. America’s 2.5 million engineers have celebratory dinner, where they will The Chair will alternate recognition helped make our country great by solv- give the Washington Award to a pro- between the parties, with each party ing problems and turning dreams into fessor from Purdue University and will limited to 1 hour and each Member reality, and America’s future depends be honoring students who have made other than the majority and minority on them. Unfortunately, oftentimes contributions in engineering through leaders and the minority whip limited their contributions, though, go unno- the Future Cities projects. to 5 minutes each, but in no event shall ticed. National Engineers Week seeks I would like to encourage all of my debate continue beyond 11:50 a.m. to fix this problem through events colleagues to cosponsor this resolution f aimed at educating youth and fostering and go home and find some Engineers public awareness of the vital contribu- Week celebrations that are going on HONORING OUR NATION’S ENGI- tions made by engineers to our quality and participate in them in your dis- NEERS DURING NATIONAL ENGI- of life and our economic prosperity. tricts. This is a great opportunity for NEERS WEEK Engineers Week promotes recogni- us to thank the engineers who have The SPEAKER pro tempore. The tion among parents, teachers, and stu- contributed so much to our country Chair recognizes the gentleman from dents of the importance of STEM edu- and inspire that next generation of en- Pennsylvania (Mr. LIPINSKI) for 5 min- cation and literacy. This year’s theme gineers that our country so terribly utes. is ‘‘Engineers Make a World of Dif- needs to solve the problems that face Mr. LIPINSKI. Madam Speaker, as ference: A Celebration of Engineer Vol- us today. one of only a handful of engineers in unteerism.’’ It recognizes the more f Congress, I am proud again to sponsor than 1 million hours annually that a resolution honoring our Nation’s en- America’s engineers contribute to pub- THE JAILS ARE FULL OF FOREIGN gineers during National Engineers lic service. CRIMINALS Week. This is my seventh year intro- The celebratory events include the The SPEAKER pro tempore. The ducing this resolution, and it has a spe- Future City Competition, Introduce a Chair recognizes the gentleman from cial significance this year. Girl to Engineering Day, and Discover Texas (Mr. POE) for 5 minutes. Next week will mark the 60th anni- Engineering Family Day, which all im- Mr. POE of Texas. Madam Speaker, I versary of Engineers Week, and with part an appreciation of the wonders of bring you news from the war on our

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

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VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H798 CONGRESSIONAL RECORD — HOUSE February 15, 2011 third front, the southern border with b 1010 break at the end of last year under the Mexico. In 2003, Portillo-Saravia, an MS–13 guise of extending unemployment ben- Last Saturday, two American teen- gang member, was arrested and de- efits for many people who lost jobs agers were brutally shot and killed in ported to El Salvador. But since we through no fault of their own. Mexico in the Mexican border town of have open borders, the child rapist was But, my friends, you see, the rich Juarez, Mexico. That is right across able to sneak back into the United didn’t need another tax break—not the Rio Grande River from El Paso, States unnoticed and under the radar. now; not when their taxes are the low- Texas. On Thursday, drug cartels He was even arrested in November of est they’ve been since 1950, and a tax gunned down eight people at a bar in 2010, but rather than be held in jail for cut that added $800 billion to our def- Juarez. On Sunday, Homero Salcido, deportation, he was released back on icit over the next decade. In addition the head of security and intelligence to that, as part of the Recovery Act, for the state of Nuevo Leon in Mexico, the streets because no one was able to check his illegal status. And 1 month Congress enacted the largest tax cut in was shot in the head and his car was American history and Democrats pro- set ablaze. Nuevo Leon is close to the later, Salvador Portillo-Saravia raped an innocent 8-year-old girl in her own vided additional tax rebates for busi- U.S. border and once was considered nesses that provide their employees one of the safest towns in all of Mexico. home. This disgusting crime could have with health insurance. These murders are evidence that the Amidst these tremendous tax breaks been prevented if we secured our bor- narcoterrorists are continuing to ex- for the past 2 years, the Republicans ders, deported illegals that were in this pand their control with our neighbors are moving forward with a dangerous country, and kept them from return- to the south in Mexico. spending bill, one that continues to ing. Tell the parents of this 8-year-old There are portions of Mexico that are give rewards to the rich and literally girl, Madam Secretary, that our border under the control of the drug bandits, guts the initiatives most meaningful to crisis is just ‘‘mischaracterized.’’ Our and honest law enforcement is non- middle class families. Simply put, the system is flawed and Homeland Secu- existent. However, Secretary of Home- Republicans’ spending bill is irrespon- rity better understand that it is the land Security Janet Napolitano has sible and tone deaf to the needs of a duty of the Federal Government to pro- said that the situation on the border healing Nation. It cuts jobs, threatens tect the people of this Nation and quit has been ‘‘mischaracterized’’ by law- American innovation, and diminishes making excuses. makers for political reasons. investments in rebuilding America. It It’s way past time to put more Na- Well, the same can be said of Home- makes devastating cuts to education— tional Guard troops on the border. I land Security Director Napolitano. She reducing Pell Grants by $800 per stu- have introduced legislation to put mischaracterizes the border region, dent and kicking more than 200,000 10,000 National Guard troops on the claiming it is safe. This is either for children out of Head Start. It reduces political reasons or because she refuses southern border to be paid for by the the competitiveness of our workforce to admit the Federal Government is Federal Government but supervised by by slashing $1.6 billion in job training unwilling or incapable of securing the the four State Governors. We protect and cutting $120 million in alternative border. the borders of other nations. It’s about youth training that sends kids to work More than 34,000 people have been time we protect our own. in construction and other trades—crit- murdered in our neighboring country Meanwhile, it appears Homeland Se- ical skills that will help us make of Mexico since the drug cartels began curity is living in never-never land or things again in America and put us on their reign of terror in 2006. In my blissfully unaware of the real world on better footing to compete with the rest opinion, neither the United States nor the southern border—or mischar- Mexico has operational control of some of the world. acterizes the situation for political It derails $2.5 million in funding for border regions. Drugs and people are reasons. high-speed trains, canceling 76 projects smuggled into the U.S. and guns and And that’s just the way it is. money are smuggled to the south into in 40 States, at the loss of 25,000 jobs fo- Mexico. f cused on rebuilding America; and, at the same time, reduces our domestic And this is just not a Mexican prob- THE BUDGET: OUR PRIORITIES lem. For example, 27 percent of the in- security by eliminating 1,330 police of- The SPEAKER pro tempore. The mates in United States prisons are not ficers and 2,400 firefighters, making our Chair recognizes the gentleman from U.S. citizens: 17.5 percent are from the communities less safe. Rhode Island (Mr. CICILLINE) for 5 min- nation of Mexico, and a whopping 37 The work of reducing our deficit and utes. percent of Texas border jails contain controlling spending will be hard, to be foreign nationals. If the border is so se- Mr. CICILLINE. Madam Speaker, I sure. The fact of the matter is that we cure, Ms. Napolitano, how come so rise today with great concern about have to cut spending. But we have to many thousands of illegals are pouring the future of our country. And that’s do it responsibly. We cannot cut what into our country committing serious because in the past few days we’ve seen makes us competitive and what helps crimes and filling up our prisons? How the valley between the hardworking us to innovate, to succeed in the global can any reasonable person say our bor- middle class and the rich continue to economy, and ultimately to create ders are secure when 27 percent of grow wider and wider. It’s a matter of jobs. The President’s budget makes America’s prisons are the home to for- priorities, Madam Speaker, and right some serious cuts to good programs— eign nationals? They wouldn’t be in now we can see very clearly where my some I strongly object to. But as we prison if they didn’t cross the border in colleagues on the other side of the aisle work to cut spending, we have to be the first place. have placed their priorities. It’s not in sure that it’s not at the expense of con- There is more. Jose Oswaldo Reyes the well-being of our workforce, not in tinuing to support initiatives that cre- Alfaro, an illegal immigrant from El the effectiveness of our classrooms, and ate jobs, educate our children, and Salvador, went on a killing rampage in not in the safety of our neighborhoods. keep our communities safe. We have to Manassas on Wednesday. He shot and No, Madam Speaker. The priorities of be serious and smart about how we ad- killed three people and injured an- the majority party are not with the dress America’s budget challenges. other. Alfaro had been ordered to be de- people who have worked hard all their This week, we will begin debate here ported in 2002, but he just never left lives to earn a decent wage, buy a de- in this Chamber on this budget chal- the country. These murders could have cent home, put their kids through lenge. I’ve heard from many of my con- been prevented if our border security school, and do what they can to keep stituents about the concerns that they plan, Ms. Napolitano, was working. their families and communities strong. have related to the Federal budget for An 8-year-old girl in Fairfax, Vir- The priorities of my Republican col- this year. It’s those conversations and ginia, was raped by an illegal in her leagues lay with America’s most suc- the families I’ve met all across Rhode own home. Her rapist was Salvador cessful—the hedge fund managers, Wall Island during the course of my cam- Portillo-Saravia, a known criminal Street financiers, and investment paign that I’ve got on my mind. I know who was living in the United States il- bankers. That’s why they worked so what their priorities are. I’ve seen the legally. hard to give those folks another tax circumstances and I understand the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H799 challenges that their families are fac- Frank was a man who set goals, then It’s really refreshing to see a profes- ing. accomplished them. Frank achieved sional athlete at the peak of his career, My friends, we owe it to the hard- one goal when the World War II Fili- at the height of his game, stay so well- working people of our country who are pino Veterans Equity Bill became law. grounded and understand what really is struggling to get by and who are play- After the law passed, Frank coauthored important to the future of our country, ing by the rules but just waiting for a new book, ‘‘Denial and Restitution which is the future of our children and someone to stand up for them rather by America.’’ This sequel to his first their educational success in the class- than the rich guy on Wall Street. We book thanked the congressional and room. Whether he called for it or not, owe it to America’s hardworking peo- Senate leaders who fought to turn the Aaron Rodgers has turned into a ter- ple to have a serious and thoughtful de- World War II Filipino Veterans Equity rific role model for all of our children bate in the hopes of producing a smart Bill into law. across this country. It is a constant re- and essential budget for our country. For 20 years, he planned to construct minder of the challenges that we still Our colleagues on the other side of a memorial marker at kilometer 134 in face and of the values that we still the aisle have become captive to an ex- Quezon, Philippines, to honor and me- must hold dear in this country. tremist agenda that harms people who morialize the men who lost their lives So I, too, want to congratulate Aaron are already hurting the most. That’s in the battle. Commander Cedula re- Rodgers and the Green Bay Packers why it’s critical we ask our Republican turned from a trip to the Philippines football team for their success; I want friends, Just what are your priorities? where he finalized the funding for that to congratulate the Packers organiza- Do we have the courage to come to- dream. tion and the tens of thousands of Pack- gether—not as Democrats or Repub- I am honored to call Commander Ce- ers fans who are part owners of the licans, but as Americans—and invest in dula a friend and a Nevadan. Packers franchise, including my own our country’s greatest asset—our peo- f family. ple; the people who built this great Na- CONGRATULATING WORLD CHAM- In the immortal words of my 12-year- tion and who we must believe in, now PION GREEN BAY PACKERS ON old son, Matthew, who turned to me more than ever, to move our country WINNING SUPER BOWL XLV shortly after their Super Bowl victory forward to a prosperous and promising last week: Hey, Dad. You know, that The SPEAKER pro tempore. The future. was a lot of fun. Let’s do it again. Chair recognizes the gentleman from So, indeed, let’s do this again next f Wisconsin (Mr. KIND) for 5 minutes. season. I wish the Packers well, and I A NEVADA HERO: FRANCISCO Mr. KIND. Madam Speaker, I rise thank JASON ALTMIRE and his staff for ‘‘FRANK’’ CEDULA today to commend and thank my good friend and colleague from the Pitts- delivering the goodies to our office last The SPEAKER pro tempore. The night. burgh area, JASON ALTMIRE, for deliv- Chair recognizes the gentleman from ering on his Super Bowl bet with me f Nevada (Mr. HECK) for 5 minutes. Mr. HECK. Madam Speaker, I rise last evening. BLOWING SMOKE AMIDST DIRE As we now know, a little over a week today to recognize a heroic Nevadan FINANCIAL STRAITS ago, my Green Bay Packers defeated who passed away February 2, 2011. His his Pittsburgh Steelers 31–25 to win The SPEAKER pro tempore. The name was Francisco ‘‘Frank’’ Cedula. Super Bowl XLV. It was the Packers’ Chair recognizes the gentleman from He was born in the Philippines in 13th world title and their fourth Super Oregon (Mr. DEFAZIO) for 5 minutes. Pasay City on January 7, 1923. Frank Mr. DEFAZIO. Madam Speaker, our Bowl victory, enabling them to bring studied journalism at the University of Nation is in dire financial straits, and, home once again, where it belongs, the Santo Tomas until he joined the Phil- unfortunately, many on both sides of Vince Lombardi Trophy to Titletown, ippine resistance in 1941. At just 17 the aisle are blowing smoke about how USA—Green Bay, Wisconsin. years old, he fought to disrupt the Jap- serious they are in dealing with this anese military’s occupation. Eventu- b 1020 problem. ally, Frank was captured and tortured To the victor belongs the spoils. So, The fact is we are looking at a record by the Japanese, but he managed to es- last night, JASON and his staff deliv- $1.6 trillion deficit. Now, it wouldn’t cape and rejoin the guerilla fighters. ered to my office some of Pittsburgh’s have been a record and it wouldn’t On December 26, 1941, Frank fought finest cuisine—Primanti sandwiches have been $1.6 trillion but for one vote: in the Battle of Piis. More than 100 and Iron City brew. Now, it didn’t quite the Obama-McConnell tax compromise, American and Filipino soldiers fought rival the world-famous tailgate parties the Republicans insisting that all of and died in the battle. Their sacrifice that we have at Lambeau Field, but it the Bush tax cuts passed in a time of gave General MacArthur’s troops, his wasn’t bad. surplus should be continued in a time small USAFFE forces, enough time to We may have fun with our sports of record deficits. That means, with assemble in Bataan. Commander Ce- teams around here from time to time; borrowed money, there will be tax cuts dula was the lone survivor of the 3-day but it is also useful to remind ourselves for millionaires and billionaires and battle. He was bayonetted four times that at the end of the day, when the other special interests, or we will forgo and left for dead. The natives assigned game is played and the score is settled, the revenue of having them pay their to bury the dead found him alive and it is only just a game. fair share of taxes, say the rate they nursed him back to health. Once No one expressed that more elo- paid in the Clinton era when the econ- healthy, he again rejoined the guerilla quently than the MVP of Super Bowl omy did very well and they did very forces and continued the fight. Later in XLV, the Green Bay Packers’ quarter- well. the war, Frank helped liberate Amer- back, Aaron Rodgers. It was recently So with that one single vote, sud- ican prisoners of war. reported that, earlier in the season, denly we jumped up to a $1.6 trillion When the war ended, Frank served as Aaron Rodgers had sent a big care deficit. Now, the Republican majority the Filipino Veterans Legion National package out to his former girlfriend’s says, oh, no, no, no, that cutting taxes Commander for almost three decades. elementary school in California, where doesn’t count. Their rules deem that During his term as National Com- she is teaching. In it was a host of cutting taxes doesn’t count. We can cut mander, the Filipino Veterans Legion school supplies, along with a bunch of taxes without reducing spending; we created significant new benefits for Packer T-shirts and sweatshirts and can borrow the money and increase the their members. In 2005, Commander Ce- other Packer paraphernalia. Also in- deficit and the debt, but they say it dula authored ‘‘Filipino Veterans of cluded in the care package was a note doesn’t count. They have deemed that WWII—An Endangered Human Specie’’ that Aaron Rodgers wrote to his former in their rules. So they’re really blow- to help inform congressional Members girlfriend, the teacher of that class, ing smoke here. You cannot pretend and veteran supporters about World which read: Just to be clear, what that you’re serious about the deficit if War II Filipino veterans who were you’re doing in your life right now is a you say we can continue to reduce in- promised, and later denied, recognition heck of a lot more important than come. Here is what this year’s Federal and benefits for 60 years. what I’m doing in my life. budget looks like.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H800 CONGRESSIONAL RECORD — HOUSE February 15, 2011 This is the total budget. Look, we are Unfortunately, physics and reality Now, there are some who claim that borrowing from China and other places don’t work for them here, nor does the in an era of 500 cable and satellite sta- around the world almost half of what math because it’s a tiny fraction of the tions that we don’t need another we’re spending. We are borrowing $1.6 deficit if we totally eliminate those source of information. Well, those peo- trillion, and the Federal tax revenue is programs instead of just hack away at ple fail to grasp the power of non- $2.2 billion. Those are just extraor- them. commercial, public broadcasting, how dinary numbers. Now, they say they’ll So let’s get real. Let’s get together it is unique today. There are countless fix that by cutting. Well, here we go. here. The country is confronted with a shows that are directed towards Amer- Here we go again with the budget at serious long-term debt problem. As ev- ica’s kids, but public broadcasting pro- $3.8 trillion and the deficit at $1.6 tril- erybody said yesterday, everything is vides the only children’s programming lion. on the table. Well, it’s not, but every- that is trying to educate and entertain They said, Well, wait a minute. You thing should be on the table. our children, not sell them something. can’t increase revenues. No. You could f The public supports public broad- decrease revenues. They say that THE ASSAULT ON THE VOICE OF casting, not just in opinion polls, but wouldn’t count. Then, Oh, well. The AMERICA—PUBLIC BROADCASTING with tens of millions of dollars of vol- Department of Defense is off limits. untary contributions that they make Entitlements are all off limits. Manda- The SPEAKER pro tempore. The every year to provide the quality pro- tory spending, meaning agriculture Chair recognizes the gentleman from gramming. subsidies and other egregious things, Oregon (Mr. BLUMENAUER) for 5 min- I fear that this reckless partisan as- are all off limits. We will balance the utes. sault on public broadcasting is actually Mr. BLUMENAUER. Madam Speaker, budget by going after non-defense dis- going to hurt our long-term efforts to the next few days on the floor of the cretionary spending. tame the budget deficit. Trading a sav- House will be critical for the future of There seems to be a little bit of a ings of less than one-half cent per day public broadcasting. problem here. With the new Republican majority, per American won’t offset the damage Here is the deficit of $1.6 trillion. people here are hoping for saving less to public confidence by eliminating Now, if we eliminated all non-defense than one cent per day on this ideolog- what so many people believe in and discretionary spending, which would ical assault—on what?—public broad- count upon. mean basically the daily operations of casting, for 170 million Americans, More important, it will be a loss of a the Government of the United States their Voice of America and their win- valuable tool to educate and inform the outside the Defense Department, it dow to the world. public from a respected nonpartisan would be all gone; close the door; open In an era when local papers and radio source, exactly how we’re going to need the Federal prisons, and let the pris- stations are being gobbled up by large to get information to Americans to oners out. There would be no more Jus- conglomerates, public broadcasting’s deal with this massive deficit problem tice Department, no more FBI, no more 1,300 stations around the country are that we face. Border Patrol, none of those things. increasingly the only source of locally For those of us working to meet Just get rid of all that stuff—the IRS, owned, locally controlled content. America’s challenges, public broad- the Environmental Protection Agency, Now, there is a lot of attention ap- casting is an essential ally; but I will the Department of Education, health propriately given to the major stations say that with the tremendous out- education, the Centers for Disease Con- in America’s large cities. We’ve all pouring of support that we are now see- trol. All gone. seen and heard programming from sta- ing, people calling and writing Mem- Well, you would still have a $1 tril- tions in Boston and San Francisco, bers of Congress, stopping them on the lion deficit. But don’t worry, they’re New York, even in Portland, Oregon, as street, I think there is a good chance going to get us there by cutting. Oregon Public Broadcasting is recog- that those 1,300 public broadcasting You can’t get there simply by cut- nized as one of these national leaders. stations will still be here in the future ting. Yes, you need to cut. You need to For much of America outside the major helping inform the debates of today, if reduce and eliminate wasteful pro- metropolitan areas, public broad- all of us do our job, listen to the public, grams, but you can’t pretend that you casting actually plays an even more and do what is in the best long-term in- can cut revenues or that you can main- important role. terests of this country. tain tax loopholes for companies that In the Rockies, the Pacific North- f move their headquarters to post office west, rural areas, and the upper Mid- ON EXTENDING THE PATRIOT ACT boxes in the Bahamas, like Carnival west, often public broadcasting is not Cruise Lines—excuse me, their post of- just the best local source. It is the only The SPEAKER pro tempore. The fice box is in Panama—which operate source of information that relates di- Chair recognizes the gentleman from out of the U.S., get their customers in rectly to their communities. The big California (Mr. MCCLINTOCK) for 5 min- the U.S., use the ports of the U.S., use stations in the large communities are utes. the U.S. Coast Guard, and whose execu- going to be harmed by this assault on Mr. MCCLINTOCK. Madam Speaker, tives live in the U.S. but they don’t public broadcasting. last year I voted to extend the Patriot pay taxes here. Act for 1 year. I regret that vote and There is ExxonMobil, which doesn’t b 1030 was glad to have been able to correct pay taxes in the United States, but My own public broadcasting in Or- it, although I’m pained that the House pays in other places around the world. egon will lose $2.4 million. It will real- voted otherwise yesterday. We borrow money to give a subsidy to ly harm the quality of their effort. But During this past year, I have become ExxonMobil. Yet in the last quarter of it is in rural and small town America convinced that the provisions of the so- last year, they had the largest single that the greatest damage will be done. called Patriot Act are an affront to the corporate profit in the history of the For example, in eastern Oregon, it Bill of Rights and a serious threat to world, and we’re going to borrow costs 11 times as much to get a signal our fundamental liberty as Americans. money to give them tax rebates for to Burns as it does in the more populist The Fourth Amendment arises from taxes they didn’t pay in the United Willamette Valley, and there simply the abuses of the British Crown that States of America but that they paid isn’t the base of population to make up allowed roving searches by revenue elsewhere. for the difference with local contribu- agents under the guise of what were That system can’t be fixed, the Re- tions. called ‘‘writs of assistance’’ or ‘‘general publicans say. Those will be tax in- It’s ironic that these partisans are warrants.’’ Instead of following specific creases. You can’t plug those tax loop- attacking one of America’s best public- allegations against specific individuals, holes. The agriculture subsidies pay private partnerships. It’s not uncom- the Crown’s revenue agents were given people $20 billion not to grow things. mon for the public investment to lever- free rein to search indiscriminately. No, can’t go there. We’re going to bal- age $6 or more of private investment to In 1761, the famous colonial leader ance the budget by hacking away at make this high quality programming James Otis challenged these writs, ar- non-defense discretionary spending. possible. guing that ‘‘a man’s house is his castle;

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H801 and whilst he is quiet, he is as well past without having to shred our Bill and that create good-paying American guarded as a prince in his castle. This of Rights. jobs. Republicans would rescind more writ, if it should be declared legal, The freedom that our Constitution than $2.5 billion for high-speed rail would totally annihilate this privi- protects is the source of our economic projects that have already been award- lege.’’ Now 250 years later, the Patriot prosperity, our moral authority, and ed. That would allow the loss of more Act restores these roving searches. our martial strength. It is also the ul- than 25,000 new construction jobs and In the audience that day in 1761 was timate bulwark against authoritar- the cancellation of 76 projects in 40 a 25-year-old lawyer named John ianism. Abraham Lincoln was right: No States. Republicans would cut $234 mil- Adams. He would later recall: ‘‘Every transatlantic military giant, let alone lion designed to improve our Nation’s man of an immense crowded audience some fanatical terrorist group, can air traffic control system. appeared to me to go away as I did, ever ‘‘step across the ocean and crush And as it relates to public safety, one ready to take arms against writs of as- us at a blow.’’ And no foreign power of the most important things that a sistance. Then and there was the first can destroy our Constitution. Only we government does provide, we are here scene of the first act of opposition to can do that. to take care of our people. We are to the arbitrary claims of Great Britain. As Lincoln said: ‘‘As a Nation of free provide safety. The Republicans pro- Then and there, the child, ‘Independ- men, we are destined to live forever, or pose that more than 1,300 fewer cops ence’ was born.’’ die by suicide.’’ should be on the streets because they The American Founders responded f are going to eliminate the COPS with the Fourth Amendment. It pro- grants. And they would have 2,400 fewer vides that before the government can CONSEQUENCES OF THE REPUB- firefighters on the job because they are invade a person’s privacy the executive LICAN CONTINUING RESOLUTION going to eliminate funding for SAFER branch must present sworn testimony The SPEAKER pro tempore. The grants. to an independent judiciary that a Chair recognizes the gentlewoman from As President Obama said, we must crime has occurred and that there is Ohio (Ms. FUDGE) for 5 minutes. out-innovate, out-educate, and out- reason to believe that an individual Ms. FUDGE. Madam Speaker, Repub- build the rest of the world. Let’s invest should be searched for evidence of the licans have introduced an irresponsible in America. Let us reject the Repub- crime, and then specify the place to be and dangerous spending bill that cuts lican CR. searched and the things to be seized. jobs, threatens American innovation, f The John Doe roving wiretaps provided and diminishes investments in rebuild- FUNDING CUTS under this bill are a clear breach of ing America. Republicans only want to this crystal-clear provision. offer Americans a pink slip. We all The SPEAKER pro tempore. The The entire point of having an open want to find an appropriate way to re- Chair recognizes the gentlewoman from and independent judiciary is so that duce our deficit, but this certainly is Maine (Ms. PINGREE) for 5 minutes. abuses of power can be quickly identi- not the way. Ms. PINGREE of Maine. Madam fied by the public and corrected. The Republicans have proposed a resolu- Speaker, we are facing some very im- very structure of this law prevents tion that will not decrease the deficit, portant and difficult decisions in the that from occurring. but that will add $5 trillion to the def- coming weeks as we debate both the I also object to the lone wolf provi- icit through tax cuts for the wealthiest continuing resolution and the Presi- sion of the act that allows a person Americans, unlimited war funding, and dent’s budget. I would like to talk just who’s not acting in concert with a for- the repeal of the health care legisla- a little bit about some of the decisions eign power to be treated as if they tion. They have not presented a serious that we have to make today as we dis- were. This malignant fiction utterly plan for actually addressing the deficit. cuss this this morning. blurs the critical distinction between a The irresponsible impact of Repub- As some of my colleagues have al- private person protected under our lican spending in education: Democrats ready mentioned, the proposed con- Constitution and an enemy combatant are going to fight with everything we tinuing resolution that the Repub- acting as an agent of a foreign power. have to ensure that the next genera- licans have put on the table has draco- My chief of staff, Igor Birman, was tion of students is prepared to become nian cuts that will not move our coun- born in Moscow. His family emigrated the educated workforce of tomorrow. try forward. Whether it’s cuts to the to America when he was 14. He tells of But the Republicans believe that it is National Institutes of Health and in- the days leading up to their long- okay that more than 200,000 children vestigating important research that we awaited departure. His father had tech- will be kicked out of Head Start. have before us, cuts to our infrastruc- nical expertise, and the authorities ture or education, arts and culture, b 1040 were desperate to find some pretense to cuts to our police protection and fire cancel the family’s exit visa. The Republicans believe that thou- protection in our home communities, A week before they departed for sands of teachers should lose their jobs. this budget does not do what the Amer- America, the family returned home to The Republicans believe that Pell ican people need, and it will not move find that the Soviet authorities had Grant recipients should lose $800 worth us forward. turned their apartment upside down of financial support to pursue their The proposed continuing resolution looking for anything that could be used educations. has made one particular cut that I to block their emigration. This was not In the area of innovation, America’s want to discuss in more detail. For a the result of suspected criminal activ- competitiveness depends on our ability party that refers to itself as ‘‘the party ity but, rather, the same kind of open- to innovate and keep America number of jobs’’ and says they want to move ended search the Fourth Amendment one. Republicans believe that there the economy forward, I am very dis- protects us against. should be 20,000 fewer researchers sup- turbed to see that they are slashing the His younger brother was terrified and ported at the National Science Founda- funding for the Economic Development hysterical. His mother calmed the lit- tion. They believe that there should be Administration, and I am here to say tle boy by saying, Don’t worry, don’t a $1.4 billion reduction in science and that doing so will pull the rug out from worry. We’re leaving in a few days for energy research. They believe that the very people who are creating jobs America. This will never happen to us there should be $2.5 billion in cuts to and helping turn our economy around. there. the National Institutes of Health, rep- Last year, I brought the adminis- Our country is threatened by foreign resenting a significant setback in can- trator of the Economic Development governments and multinational ter- cer and other diseases and research in Administration to Maine; and he saw rorist groups which are actively trying general, which will especially hit hard firsthand, as he well knew, how EDA to do us harm, backed by a fifth col- the district I represent. funding could help make it possible to umn within our own borders. But we If we’re talking about rebuilding build a new freezer facility in the city have faced far more powerful govern- America, Democrats support key in- of Portland. This is a critical infra- ments and far better organized net- vestments in roads, schools, bridges structure improvement for our already works of spies and saboteurs in the that are critical for businesses to grow struggling Maine fishermen. This

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H802 CONGRESSIONAL RECORD — HOUSE February 15, 2011 would make it possible so that they make ends meet by offsetting home that they need. And our Congress, right would not have to send their catch off heating costs. Funding is especially now, under Republican majority, is to another State or even another coun- important for Maine. We have some of talking about cutting this program try to be processed. If we can build the country’s oldest housing stock, and even more. that freezer in Portland, hundreds of we are heavily dependent on oil for Now, you think about a winter like jobs could be created, and our working heating. In fact, we are the most de- this one, Madam Speaker, where there waterfronts could be strengthened. pendent State in the Nation on oil have been record snowfalls in many Also in Maine, the community of heat. places around our country, and it’s Brunswick has been hit by BRAC, a The cost of heating oil is going up, been cold since October in Minnesota. base closure; and they have worked from a low of about $2.25 at the begin- And the fact is that programs that prolong and hard to develop economic de- ning of the economic downturn to vide LIHEAP funding are already run- velopment opportunities that will about $3.35 now. Maine communities ning out of money. And if they were strengthen that community and reuse are still struggling in the down econ- drawn back to 2008 spending levels, we the base. They have successfully at- omy. Slashing funding for this program would have run out of LIHEAP funding tracted exciting new projects, includ- would not be appropriate, and it must in January. In Minnesota it really does ing an aircraft manufacturing facility be changed in the President’s budget. not warm up until around April. And so using carbon fiber, high-technology f this is terrible. materials and the highest technology DO NOT CUT LIHEAP Madam Speaker, let me tell you, if in new engineering and building on the you look at young people, kids, statis- site of the former air base. The SPEAKER pro tempore. The tics show that if a family does not have But those projects and the hundreds Chair recognizes the gentleman from to put a bunch of money into heating of jobs that they will create are count- Minnesota (Mr. ELLISON) for 5 minutes. the home the child’s diet improves, and Mr. ELLISON. Madam Speaker, I ing on the EDA funding to help trans- the kid has enough to eat before he come before the House today to talk form what was once a former Navy goes to school, which means that that about a critically important program base into a civilian economic engine. little girl or that little boy can sit in that I think all Americans need to The economy is just starting to turn the classroom without their stomach know about which is hanging in the around, and eliminating the critical in- balance as we approach this continuing growling and can actually pay atten- vestments we need to keep it going is resolution. The program I am here to tion to the lesson that’s going on be- the last thing we should be doing right talk about is the Low Income Home cause their family has some home en- now. ergy assistance. I want to say a couple of things too Energy Assistance Program, also known as LIHEAP. Our seniors are poor. It’s about the about the President’s budget. The LIHEAP is a program commonly be- prescription, or it’s about the heated President has put forward a budget on lieved to be an income-support pro- room. the table that does many of the things gram. But actually, Madam Speaker, it Madam Speaker, it’s not right to tell that we need to have done: investing in is not an income-support program. Americans that the wealthiest and infrastructure, science and technology, LIHEAP, which provides energy to low- most well-to-do among us get their tax education, the very kinds of things income families, heating oil, things break extended, and the poorest among that will make our country competi- like that, is actually a health program us, well, they can just go get another tive and move us forward. There are and a program that is designed to blanket. That’s wrong. We’re failing a many good things in this budget, make sure that citizens do not have to moral test of our Nation when we do whether it’s eliminating the tax breaks choose between heat and eat. You do things like this. for big oil companies, or no further ex- not have to choose between dinner and Madam Speaker, I want to raise this tensions of tax cuts for the wealthy, or a warm room. Many of us who are from issue that we consider what we are making sure we do increase the Eco- places like Minnesota, my own home doing to our society. It’s not welfare; nomic Development Administration State, but also Michigan, Maine, New it’s not income support. It is a health and invest in economic development. Jersey, New Hampshire, add to that program. It is a health program de- Investing in health care, continuing many others—Montana, many others, signed to make sure that Americans to implement the health care reform and even some States that we think of don’t freeze to death in their own bill where we are putting money into as warm-weather States, but in the homes. It is a health program designed the critical training of 4,000 more pri- winter can get cold too—really, people to make sure that Americans don’t mary care providers—I know that’s a depend upon these programs to really have to make awful decisions about huge need in my State and so many survive. medication, about food, and things like other States—as well as working to In my own State, if LIHEAP is cut, this. It is a health program. And it’s a move forward on the permanent fix to many people will simply go without. program that has done countless the SGR so that our physicians are And of course I have statistics here, amounts of good for many, many peo- adequately reimbursed. Madam Speaker; but rather than talk ple that helps seniors, that helps chil- Investments in housing, making sure about statistics, I want to talk about a dren. that the homeless veterans are no man who lived in my district who was I’m very proud, Madam Speaker, as I longer on the streets anymore and that actually not a LIHEAP recipient but close, to quote a man from my State of people have more choices to move for- was eligible for the program and didn’t Minnesota. His name was Hubert H. ward in housing. Eliminating tax use it. He didn’t have enough money Humphrey, and he said, The moral test breaks for big oil companies. Making for his heat, so what he did was he kind of a Nation is how it treats people in our commercial buildings more effi- of jerry-rigged some space heaters, and the dawn of life, our children; people in cient, even cutting defense in strategic he kind of made due. And this caused a the twilight of life, our seniors; and ways. Up to $78 billion in wasteful fire, Madam Speaker, which resulted in people in the shadows of life, the poor spending is cut out of the President’s his death. and underprivileged. budget. Cutting of the alternative en- And when I looked up what really If we cut low-income energy assist- gine for the F–35, which is just waste- happens, how often people die from ance, we’ve failed that moral test. ful, unnecessary while at the same space heaters, the numbers are not al- f time he is making sure that our mili- ways consistent, but upwards of 32 per- tary personnel get a pay raise and that ELIMINATION OF TITLE X cent of all home fires are because of FUNDING they are recognized and supported. space heaters; and about 75 percent of I do need to discuss one issue in the all home-fire deaths are due to space The SPEAKER pro tempore. The President’s budget that will be a prob- heaters, deaths. Chair recognizes the gentlewoman from lem for my constituents in Maine. The Florida (Ms. WASSERMAN SCHULTZ) for 5 President’s budget proposes to cut b 1050 minutes. LIHEAP funding. LIHEAP funding People die when this happens because Ms. WASSERMAN SCHULTZ. helps nearly 70,000 Maine households they don’t have the energy assistance Madam Speaker, it has been 6 weeks

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H803 now since Republicans assumed control When women plan their pregnancies, You, Lord God, are our beginning and of the House of Representatives, and they are more likely to seek prenatal our end. For us to be aware of this we have yet to see a single job-creation care, improving their own health and leads to gratitude and petition. bill brought to the House floor. the health of their children. In fact, ac- So we praise and thank You for all Indeed, just last week we spent cess to family planning is directly the blessings of the past which bring us roughly 10 hours debating a primary linked to declines in maternal and in- to this present moment. function of Congress, that of congres- fant mortality rates. We seek Your continued guidance sional oversight, something we already Eliminating the national family plan and wisdom to accomplish great deeds do. Yet still no legislation brought for- program will result in millions of in Your Holy Name and give You glory ward to spur job creation. women across the country losing ac- both now and forever. But while the Republican Congress cess to basic primary and preventative Amen. has yet to bring forward a jobs agenda, health care and to the providers that f they have found plenty of time to bring offer these services. Without title X, forward an extreme anti-woman agen- more women will experience unin- THE JOURNAL da. Just recently we saw the introduc- tended pregnancies and face poten- The SPEAKER. The Chair has exam- tion of H.R. 3, legislation that origi- tially life-threatening cancer and other ined the Journal of the last day’s pro- nally sought to redefine the definition diseases that could have been pre- ceedings and announces to the House of rape. Yes, that’s right, legislation vented. his approval thereof. that would change rape from acting The simple fact is that this proposal Pursuant to clause 1, rule I, the Jour- without a woman’s consent to instead is anti-woman and anti-family. nal stands approved. require women to prove force was used Now, I know that we’re all interested f in order to prove rape. in finding ways to cut Federal spend- It remains to be seen whether Repub- ing, and Representative PENCE’s PLEDGE OF ALLEGIANCE licans working on this legislation have amendment to eliminate funding for shelved their plans to redefine rape and The SPEAKER. Will the gentleman title X is framed in the context of fis- whether they will revise the language from Illinois (Mr. JACKSON) come for- cal responsibility. in H.R. 3. Still, 163 Republicans signed ward and lead the House in the Pledge But even more important than cut- on as cosponsors of the bill with the of Allegiance. ting spending is asking the question, forcible rape language included. Mr. JACKSON of Illinois led the But the extreme anti-woman agenda are we reducing the deficit? Unfortu- Pledge of Allegiance as follows: doesn’t stop with attempting to rede- nately, the answer to whether the I pledge allegiance to the Flag of the fine rape. This week the House will Pence amendment would also cut the United States of America, and to the Repub- vote on an amendment introduced by deficit is ‘‘no.’’ That’s because title X lic for which it stands, one nation under God, Representative MIKE PENCE that would actually saves taxpayer dollars. Since indivisible, with liberty and justice for all. eliminate family planning and life- many of the patients served by title X f saving preventive care to millions of are on Medicaid, preventative care like ANNOUNCEMENT BY THE SPEAKER individuals each year. Mr. PENCE’s cancer screenings and contraceptive amendment does this by eliminating counseling actually means fewer costs The SPEAKER. The Chair will enter- title X funding. to the taxpayer in the long run. Indeed, tain up to 15 1-minute speeches on each Since 1970, the title X family plan- for every public dollar invested in fam- side of the aisle. ning program has been a key compo- ily planning, $3.74 is saved in Medicaid- nent of our Nation’s health care infra- related costs. That’s savings to both f structure and an essential element in Federal and State governments. RETURN TO FISCAL SANITY Every year, Planned Parenthood the winning strategy to reduce unin- (Mr. FITZPATRICK asked and was works tirelessly to help to improve the tended pregnancies. Efforts to cut the given permission to address the House title X program would take away fund- health of communities across this for 1 minute.) ing from essential women’s health care country. Efforts to undermine the title Mr. FITZPATRICK. Mr. Speaker, providers like Planned Parenthood. X program and this essential health this week marks an important turning Today, title X serves over 5 million care provider are not only reckless, point in restoring fiscal sanity to our low-income individuals every year. In they are also anti-woman, anti-child, country as we begin consideration of a every State, women and men rely on and anti-taxpayer. measure that will reduce Federal title X for basic primary and preven- Can we please stop the relentless at- spending by over $100 billion. Many tive health care, including annual tack on women, stop pursuing the divi- Members of Congress committed to exams, lifesaving cancer screenings, sive anti-woman legislation and focus this reduction, which would return contraception, and testing and treat- on job creation and spurring economic Federal spending to 2008 pre-stimulus ment for sexually transmitted diseases. growth once and for all? In fact, in 2009 alone, title X pro- levels. This is more than just a prom- f viders performed 2.2 million Pap tests, ise, Mr. Speaker; this is fundamental 2.3 million breast exams, and over 6 RECESS to the health of our economy and the future security of our Nation. million tests for sexually transmitted The SPEAKER pro tempore. Pursu- The consideration of spending cuts diseases including nearly 1 million HIV ant to clause 12(a) of rule I, the Chair must be careful and deliberate. The tests. declares the House in recess until noon budget of every department must be And preventive care isn’t limited to today. scrutinized while keeping in mind the cancer screenings and education on Accordingly (at 10 o’clock and 58 promises made to our constituents, how to avoid STDs. Title X actually re- minutes a.m.), the House stood in re- mine in the Eighth District of Pennsyl- duces the number of abortions. In fact, cess until noon. title X services help prevent nearly 1 vania and the millions of Americans million unintended pregnancies each f who showed concern with our growing year, almost half of which would other- b 1200 deficit. wise end in abortion. It is notable that, for the first time, Planned Parenthood and the title X AFTER RECESS this resolution will be considered under program provide vital family planning The recess having expired, the House an open rule to allow this process to be services which help improve the life of was called to order by the Speaker at collaborative. I am sure at times it will the mother and the child. Indeed, fam- noon. be trying, but I am looking forward to ily planning keeps women and children f working with my colleagues towards healthy. Studies have shown that when the collective goal of reducing our def- women have better access to family PRAYER icit. planning, it leads to healthier out- The Chaplain, the Reverend Daniel P. The Federal deficit did not get out of comes for both mother and child. Coughlin, offered the following prayer: hand overnight, and it certainly will

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H804 CONGRESSIONAL RECORD — HOUSE February 15, 2011 not be fixed overnight, but serious and The CR represents some tough cut those middle class kids who are substantial cuts must be made. The choices, but I know the American pub- going to college on Pell grants $800 a $100 billion mark is not arbitrary but, lic is willing to make some sacrifices piece. rather, marks an important milestone now so we can make a brighter and bet- So when we hear about the budget on the road to a sustainable Federal ter future for our children and grand- generally, let’s not forget, it’s the peo- budget. It requires tough choices, but children tomorrow. ple. It’s the kids that matter. choices that must ultimately be made f f for the economic health and security of this generation and the next. KEYSTONE XL PIPELINE SAFETY CONTINUING RESOLUTION f (Mr. COHEN asked and was given per- (Mr. JOHNSON of Georgia asked and mission to address the House for 1 RESUMES FOR AMERICA was given permission to address the minute and to revise and extend his re- House for 1 minute.) (Mr. JACKSON of Illinois asked and marks.) Mr. JOHNSON of Georgia. Mr. Speak- was given permission to address the Mr. COHEN. Mr. Speaker, the State er, the Republican CR is another bro- House for 1 minute.) Department is in the process of deter- Mr. JACKSON of Illinois. Mr. Speak- ken promise that will eliminate thou- mining whether it should grant a Pres- sands of good paying jobs in construc- er, the book of Matthew says, ‘‘For idential permit for the construction of where your treasure is, there will your tion, law enforcement, research, edu- TransCanada’s Keystone XL Pipeline, cation, and public safety. This is just heart be also.’’ That is a prescription which could deliver up to 900,000 bar- for judging the priorities of politicians. more of the same, and this turns us rels of tar sands oil a day from Alberta, into a pink slip Nation. I believe that’s We’ve seen the President’s heart in his Canada—over 2,000 miles—to refineries budget proposal. We’ve seen it in the what the goal of the Republicans is, on the U.S. gulf coast. and this bill will cost us jobs today, to- continuing resolution that my Repub- The proposed Keystone XL Pipeline lican colleagues have offered. morrow, and in the future by failing to will put communities along its path at invest in our infrastructure and by fail- At a time when they’re needed the unnecessary risk by using conventional most, vital safety-net programs are on ing to invest in education. technology to carry a blend of raw tar Mr. Speaker, the mistakes the major- the chopping block: funding to help sand oil called diluted bitumen. Di- low-income Americans with their heat- ity intends to make today will not be luted bitumen is more corrosive and very easy to reverse, and I urge the ing bills, grants to States and cities for more likely to cause pipeline leaks community development, Pell grants, majority to keep its promise to Amer- than conventional oil. Already the ica, which is it’s all about jobs. and much, much more. Keystone I Pipeline, which came online In the midst of the worst economy just 6 months ago, has experienced f most of us have ever seen, we are cut- seven leaks, and that is for a pipeline b 1210 ting the legs of the unemployed, the that TransCanada claims is the ‘‘safest underemployed, and the economically ever built.’’ PROVIDING FOR CONSIDERATION insecure right out from under them. Considering the significant dangers OF H.R. 1, FULL-YEAR CON- It is clear to me that the President’s of piping bitumen, I find it troubling TINUING APPROPRIATIONS ACT, tax deal with Republicans did not con- that the pipeline’s route goes directly 2011, AND WAIVING REQUIRE- sider the depths of the Nation’s his- through the Ogallala Aquifer in the MENT OF CLAUSE 6(a) OF RULE toric unemployment problem. XIII WITH RESPECT TO CONSID- So I’m reissuing my call for unem- Midwest, which provides clean drinking and irrigation water to most of Amer- ERATION OF CERTAIN RESOLU- ployed Americans to send their re- TIONS sumes and stories to ica’s heartland. Despite the dangers of [email protected]. tar sands oil, U.S. regulators do not de- Mr. WOODALL. Mr. Speaker, by di- We must organize ourselves. The unem- lineate between this new product and rection of the Committee on Rules, I ployed party is larger than the tea standard petroleum. call up House Resolution 92 and ask for We need new regulations. We need to party. its immediate consideration. No jobs are promised, but I will put put on hold the planned tar sands pipe- The Clerk read the resolution, as fol- line Keystone XL. your story in the CONGRESSIONAL lows: RECORD so that our government that is f H. RES. 92 supposed to be of, for, and by the peo- CONTINUING RESOLUTION Resolved, That at any time after the adop- ple can begin to live up to the true tion of this resolution the Speaker may, pur- (Ms. HANABUSA asked and was meaning of its creed. suant to clause 2(b) of rule XVIII, declare the [email protected]. given permission to address the House House resolved into the Committee of the for 1 minute.) Whole House on the state of the Union for f Ms. HANABUSA. Mr. Speaker, we are consideration of the bill (H.R. 1) making ap- CONTINUING RESOLUTION here to speak about the CR, this con- propriations for the Department of Defense and the other departments and agencies of (Mr. SAM JOHNSON of Texas asked tinuing resolution, which is going to set forth the budget for the rest of this the Government for the fiscal year ending and was given permission to address September 30, 2011, and for other purposes. the House for 1 minute and to revise fiscal year. Yes, it is true we all have The first reading of the bill shall be dis- and extend his remarks.) a responsibility for the budget, but the pensed with. All points of order against con- Mr. SAM JOHNSON of Texas. You bottom line for each and every one of sideration of the bill are waived. General de- know, every Texas family must live us is how does this budget affect us, bate shall be confined to the bill and shall within a budget. I don’t understand how does it affect the people that we not exceed one hour equally divided and con- why the Federal Government can’t do represent? Let’s look at what the CR trolled by the chair and ranking minority member of the Committee on Appropria- the same. To get our fiscal house in does. I think we all know that in the cre- tions. After general debate the bill shall be order, we need to cut spending, balance considered for amendment under the five- the budget, pay down the debt, and ation of jobs we must invest in Amer- minute rule. No amendment to the bill shall shrink the deficit. ica. We must invest in each and every be in order except: (1) those received for As a fiscal hawk, I know that in No- one of you. When you look at a CR that printing in the portion of the Congressional vember the American taxpayers voted basically eliminates and puts a chilling Record designated for that purpose in clause for Congress to roll back the failed effect on all of the major investments 8 of rule XVIII dated at least one day before stimulus spending, stop bailing out that we need, we know that’s not the the day of consideration of the amendment Wall Street, end Government Motors, right way to go. But more importantly (but no later than February 15, 2011); and (2) than that, this is a CR that’s going to pro forma amendments for the purpose of de- stop saving Fannie and Freddie, and bate. Each amendment so received may be defund and repeal ObamaCare. cut, cut the future, cut those students, offered only by the Member who submitted it Plain and simple, the American peo- 200,000 of them, who rely on Head for printing or a designee and shall be con- ple want Washington to tax less, spend Start. We all know that we’ve got to sidered as read if printed. When the com- less, and borrow less. invest in them now. It’s also going to mittee rises and reports the bill back to the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H805 House with a recommendation that the bill the past 4 years, even over the past 10 seriously threaten our ability to build do pass, the previous question shall be con- years, over the past 20 years, because if upon our fragile economic recovery. sidered as ordered on the bill and amend- you weren’t happy with the way a con- At a time when many Americans are ments thereto to final passage without inter- tinuing resolution turned out when still struggling to find employment, vening motion except one motion to recommit with or without instructions. leadership brought it to the floor, too the Republican majority proposes a SEC. 2. During consideration of H.R. 1, bad for you. You didn’t have a voice. spending bill that ends construction clause 2(f) of rule XXI shall not apply to You didn’t have a vote. You didn’t have projects, takes police off the street, amendments addressing objects within more a process. It was take it or leave it. and halts innovation that spurs job than one suballocation made by the Com- Whether it was Republican leadership creation. This stands in stark contrast mittee on Appropriations under section or whether it was Democratic leader- to the President’s 2012 budget proposal 302(b) of the Congressional Budget Act of ship, take it or leave it. In the 112th that lowers our Nation’s deficit and 1974. creates jobs for Americans by investing SEC. 3. The requirement of clause 6(a) of Congress, our new leadership said we rule XIII for a two-thirds vote to consider a can do better, we have to do better, and in national priorities like education, report from the Committee on Rules on the the American people deserve better. infrastructure, and emerging energy same day it is presented to the House is And today, we are fulfilling that prom- technology. waived with respect to any resolution re- ise. Unlike some within the Republican ported through the legislative day of Feb- This open process will allow any Party, the American people are not ruary 17, 2011, providing for consideration or Member, Republican or Democrat, to looking to completely cripple the Fed- disposition of H.R. 1. come to the floor today, tomorrow, eral Government and leave the Nation The SPEAKER pro tempore (Mr. bring their amendments to the floor so to the corporate elite. Americans have HASTINGS of Washington). The gen- that they can say, We don’t think you repeatedly expressed a desire to make tleman from Georgia is recognized for 1 got it right. My 600,000 constituents smart investments in our national pri- hour. back home want to make a change. We orities that leave our country more Mr. WOODALL. Mr. Speaker, for the think we can do better. We think you competitive now and into the future, purpose of debate only, I yield the cus- did too much. We think you didn’t do and I stand today with the American tomary 30 minutes to my new friend, enough. The first time a continuing people. the gentlelady from New York (Ms. resolution has come to the floor in this The Republicans’ slash-and-burn SLAUGHTER), pending which I yield my- open process. I ran on that commit- budget does nothing to achieve this self such time as I may consume. Dur- ment of openness, Mr. Speaker, and I goal. It even cuts the most funda- ing consideration of this resolution, all believe in that commitment of open- mental public services, ending policing time yielded is for the purpose of de- ness. programs and defunding educational bate only. I can’t tell you how many times I reform efforts here in the United GENERAL LEAVE said that if Speaker NANCY PELOSI States. As nations like China and India Mr. WOODALL. I ask unanimous con- rammed a bill through in the middle of pour money into the research and de- sent that all Members have 5 legisla- the night, that was wrong. And if velopment of solar panels, wind power, tive days to revise and extend their re- Speaker Newt Gingrich rammed a bill and high-speed trains, creating thou- marks. through in the middle of the night, sands of jobs for their citizens, the Re- The SPEAKER pro tempore. Is there that was wrong. That right and wrong publican majority is removing the objection to the request of the gen- are not partisan issues. Right and most fundamental investments in com- tleman from Georgia? wrong are American issues. I can’t tell parable American jobs. This reckless There was no objection. you how much I enjoyed our Rules approach not only destroys jobs today Mr. WOODALL. Mr. Speaker, House Committee hearing last night, Mr. but also in the months and years to Resolution 92 provides for a modified Speaker, where we had the ranking come. open rule for consideration of H.R. 1. member and the chairman of the Ap- This is a critical time in America’s This bill reaffirms our commitment to propriations Committee come forward, history, and if we are to compete with fiscal responsibility by implementing lay out competing views about where nations like China to create jobs in the two main pillars of our pledge to Amer- they think we should take spending in United States and win the global mar- ica: to cut discretionary spending and this country, and then agree to come ketplace, we must support our own Na- to ensure an open and bipartisan de- to the floor over the next several days tion with smart, targeted cuts that bate. to offer amendments, to work through will lower the deficit but invest in If you had told me 6 months ago that that process, to make sure that at the American jobs. I would have been standing here on the end of the day, no longer do we have a As I said, 6 weeks into the new Con- floor of the House handling my very take-it-or-leave-it leadership bill from gress, and we are still waiting to see first rule on the floor of the House and either side of the aisle; that at the end this smart, targeted plan to get Ameri- that we would have been succeeding on of the day, we have a bill that was cans back to work. Instead, we see this two pillars of the pledge to America, I truly the work product of this new hastily drawn up CR that takes a meat would have told you that might have 112th Congress of this people’s House. axe to the middle class. And as Amer- been wishful thinking. But we have And it’s just with tremendous pride, ica waits, the global economy moves come together as a House, not as Re- Mr. Speaker, that I take part in this ahead, leaving us behind. publicans, not as Democrats, but as a debate today. As the 112th Congress was sworn into House to bring this process forward I reserve the balance of my time. office, we were bombarded with prom- today. Ms. SLAUGHTER. Mr. Speaker, I ises that an open and transparent proc- Now, you know, Mr. Speaker, as an want to thank the gentleman from ess would make a triumphant return to experienced Member of the Rules Com- Georgia for yielding me the customary this House floor. But as we now con- mittee in a former life, how unusual it 30 minutes, and I yield myself such sider our first appropriations bill, we is to have an open process on a con- time as I may consume. continue to stand here waiting for that tinuing resolution. I daresay, even the Mr. Speaker, I come to the floor grand return. dean of the House, the gentleman from today still waiting for the majority to Michigan, has not seen a continuing give us a chance to vote on legislation b 1220 resolution come to the floor under the that will create jobs. We are now 6 Mr. Speaker, while this rule may open process that we’re bringing it to weeks into the 112th Congress, and we have the word ‘‘open’’ in the title, I as- the floor under today. And that’s im- have yet to see a jobs bill from the Re- sure you this is not an open process. portant, because as I listened to 1-min- publican majority. It’s high time the Through last-minute changes, con- utes this morning, and I heard some majority party allows us to debate and voluted parliamentary maneuvers, and folks on the left and heard some folks vote on legislation to get Americans a pre-printing requirement, the Repub- on the right who weren’t quite happy back to work. Instead today, we are de- lican majority has provided an ex- with the way H.R. 1 turned out, that bating dangerous and reckless legisla- tremely convoluted and restrictive was an important consideration over tion that will cut American jobs and process.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H806 CONGRESSIONAL RECORD — HOUSE February 15, 2011 An open rule means that as the legis- Now, I can tell you, as much of a on making tough decisions. It would lative process proceeds, as an amend- voice as you have in this continuing have been perfectly legitimate for this ment passes, it may spark an idea for resolution today, we have not seen this new House to say, we didn’t cause this an amendment that another Member much debate or this many amendments problem, we inherited this problem may choose to offer with the changes in the last four continuing resolutions from last year’s Congress, and we’re that are made in the legislation. This combined. In fact, I’m told that last just going to continue a continuing rule takes away that ability. night more than 400 amendments were resolution on until the end of the year Also, the Republicans adopted, in a filed to be eligible to come to the floor. because we don’t have the time or the party-line vote at 9 p.m. last night, a Now, I hear from my friends on the commitment to start making tough parliamentary sleight of hand that Democratic side of the aisle, for whom choices. But we didn’t. And I’m just so blocks the transfer of any money from I have deep respect and admiration, proud that we didn’t. one part of government to another. that they believe this bill was put to- What we said is, we have 7 months This means you cannot use an offset gether in a hasty process. I’ll tell you, left in the year. Let’s start right now. from one part of the bill to increase we’ve been working on this bill day and Let’s start right now; and let’s lay spending in a different part. In all my night for weeks. these ideas out one by one by one, not years serving in Congress, I have never But then I hear from my friends that in big general terms, but in specifics, seen such a blanket prohibition, and they’re disappointed that we have a line item by line item by line item yet the leadership would have us be- pre-printing requirement to allow for across literally thousands of appropria- lieve this is an ‘‘open process’’ and that the thoughtful consideration of amend- tions accounts. this is ‘‘regular order.’’ ments, and they would rather it just be And we didn’t say it’s my way or the To top it all off, Republicans have a willy-nilly process that happens here highway, Mr. Speaker. We said, if you even given themselves an escape hatch on the floor as folks come up with good have a better idea, if you have a better with a martial-law provision of the ideas, one by one. idea, come to the floor and let’s talk rule which will allow them to report Well, I’ll tell you, I look forward to about it. If you have a better idea, if out a new rule for H.R. 1 that shuts that process. I very much hope we can we did too much here, tell us where we down the amendment process without have that as the appropriations bills did too much and tell us how we can do the normal 1-day waiting period. move forward. better. And if we did too little here, But, folks, this is a time of urgency. This convoluted process has once tell us where we did too little and tell We have troops in harm’s way overseas. again illustrated that the Republican us how we can make it better. Party continues to believe that claim- We have economic development I so look forward, at the end of this ing the sky is green will make it so. projects going on around this country rules consideration, as we pass this that have no idea after March 4 wheth- The truth is, you can’t create jobs with rule and move forward in the general er there will be a single nickel avail- a press release. You can’t fix the Na- debate, to being able to engage in those able to support their cause. No idea. It tion’s health care system with a clever amendments one by one, not in a back is no way to run a government. And, tag line, and you can’t create an open room somewhere, not off in the corner again, to put credit where credit is due and transparent Congress by creating where it’s just the leadership involved, and blame where blame resides, both an open rule in name only. but here on the floor of the people’s My fellow Democratic colleagues and parties, over the last decade, have been House, for all of America to see, line I are committed to living within our guilty of this horrendous practice of item by line item by line item about means, while investing in the programs bringing continuing resolutions to the where our priorities are. and policies that will help our country floor. Now, I’ll tell you, Mr. Speaker, you compete and win the global future. The Today we bring forward a bill that know, as I know, that every nickel we Republican majority’s continuing reso- will put a stop to this process, that will collect in Federal revenue today goes lution couldn’t be more dangerous to get us through the end of 2011 and to fund entitlements and service our these values that we all hold dear. allow us to go through regular order to I urge my colleagues to stand up for bring the remaining appropriations national debt. And every nickel that our communities, support legislation bills to the floor. And it’s a process I we spend on every program we’re going that creates jobs, strengthens the mid- very much look forward to. to talk about today, every program on dle class while reducing our deficit. To- I see my friend Mr. MCGOVERN in the the discretionary side, on the non-de- day’s CR does not meet this threshold Chamber this morning. He and I had a fense discretionary side, is a nickel and, as a result, I urge my colleagues discussion last night in the Rules Com- that we borrow. to vote ‘‘no’’ on today’s rule. mittee about how to go after some, So when we talk about are these Mr. Speaker, I reserve the balance of what I would call, egregious tax sub- things good to do, I promise you that my time. sidies, those things that happen on the that’s not where my heart is today. I Mr. WOODALL. Mr. Speaker, I yield tax side of the ledger that shouldn’t know there are some good programs myself such time as I may consume. happen. I believe in a fair code. I be- out here that are doing good things. Mr. Speaker, you’ve caught me both lieve in a code that’s transparent, that What I also know is we’re borrowing on my first rule on the floor and a day people understand. You’ll see my fair every nickel to fund those programs where I am just so pleased to be here tax pin that I’m wearing here today. I from our children and our grand- because of the things that are going on believe in fundamental tax reform. children. When we talk about prior- here today, because of the changes that But today we only have a chance to ities, one of those priorities is paying I believe in, both in terms of fiscal re- talk about FY 2011 spending. I want to for what it is we commit this Nation sponsibility and in terms of openness have that discussion about funda- to. here in the process. mental tax reform. I want to have the Again, my good friend Mr. MCGOVERN Now, I understand this rule isn’t discussion that the gentlelady from was very persuasive last night when he going to make everyone happy. It New York wants to have about entitle- said, for Pete’s sake, they are programs doesn’t make me happy because we’re ment reform because I know precisely I don’t agree with; but dadgummit, if only here today, and it’s been very con- what my colleagues know, which is if we’re going to be involved in them, we fusing for folks back home, Mr. Speak- we’re going to be serious about budg- ought to fund them; and I couldn’t er. We talked so much about receiving ets, that’s where the dollars are, that’s agree with him more. That’s hard. the President’s budget on Capitol Hill where the growth is, that’s where the We received the President’s budget yesterday. Of course, that was his change has to come. just yesterday; and over a 10-year win- budget for FY 2012. We’re still here But today we have, because it’s an dow, our systemic deficit never falls working on the budget for 2011. This is open process, simply one bill that we below 3 percent of GDP. We don’t even the fifth continuing resolution that can deal with, simply one idea that we qualify to join the European Union. We we’ve had to try to get that process can deal with, and that one idea is are so devoid of fiscal responsibility at right, and it’s the first one since I’ve spending for FY 2011. this point in our Nation’s history that been sworn in that we’ve been involved It would have been easy, Mr. Speak- we do not even qualify to join the Eu- in. er, for this new House to have punted ropean Union. I tell you, Mr. Speaker,

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H807 that’s a low standard. We should do The budget would also increase transpor- tion to fund the many basic and essen- better. We should do better. We can do tation spending by $242 billion over 10 years. tial programs of the Federal Govern- better. We brought H.R. 1 to the floor It does not specifically call for an increased ment on which millions of Americans today, this rule, we’ll bring it to the gas tax to cover the new costs, though it rely. Today is an incredible oppor- calls on Congress to come up with new reve- tunity for Republicans and Democrats floor this afternoon so that we can do nues to offset the new spending. Republicans better. want to eliminate forward-looking programs to work together to bridge the gap be- I reserve the balance of my time. like high-speed rail. tween parties and pass a bill that Ms. SLAUGHTER. Mr. Speaker, I The budget is responsible in other ways. It meets our shared goals of creating jobs, yield myself 30 seconds just to say that would cap the value of itemized deductions building infrastructure, and strength- what I really would love to see us de- for high-income taxpayers and use the sav- ening the economy. bating today is how we’re going to get ings to extend relief from the alternative Sadly, the Republican leadership has out of Afghanistan and stop paying 8 minimum tax for three years so that the tax brought to the floor a continuing reso- billion borrowed dollars a month for does not ensnare millions of middle- and lution that jeopardizes American jobs upper-middle-income taxpayers for whom it that. and our economic future by rolling was never intended. For nearly a decade, back investments that are necessary Also, in an editorial printed today, Congress has granted alternative minimum The New York Times said what I think tax relief without paying for it. and important to help our private sec- a lot of us are saying, that this bill will House Republicans want to leave military tor grow and help create jobs. cut vital government functions and not spending out of their budget-cutting en- This CR thoughtlessly makes ex- have any lasting impact on the deficit. tirely, but Mr. Obama’s budget reduces pro- treme cuts to appease an extreme wing jected Pentagon spending by $78 billion over of the other party at the expense of the [From the New York Times, Feb. 14, 2011] five years. If anything, Mr. Obama could American people. This CR arbitrarily THE OBAMA BUDGET safely have proposed cutting deeper, as sug- kills jobs. It would set our country On paper, President Obama’s new $3.7 tril- gested by his own bipartisan deficit panel. back decades in scientific research sim- lion budget is encouraging. It makes a num- The bill for the military is way too high, ply because Republicans don’t like ber of tough choices to cut the deficit by a above cold-war peak levels, when this coun- projected $1.1 trillion over 10 years, which is try had a superpower adversary. There’s a what the science says. Worst of all, it enough to prevent an uncontrolled explosion point where the next military spending dol- puts our children’s health at risk by of debt in the next decade and, as a result, lar does not make our society more secure, handcuffing the EPA’s ability to please reduce the risk of a fiscal crisis. and it’s a point we long ago passed. polluters. The questions are whether its tough Mr. Obama’s budget also includes a respon- The Clean Air Act guards the most choices are also wise choices and whether it sible way to head off steep cuts in what vulnerable Americans, those with asth- stands a chance in a Congress in which Re- Medicare pays doctors. It would postpone the ma, lung disease, children, older publicans, who now dominate the House, are cuts for two years and offset that added cost adults, people with heart disease and obsessed with making indiscriminate short- with $62 billion in other health care savings, diabetes, from the dangers of airborne term cuts in programs they never liked any- like expanding the use of cheaper generic pollutants. Each year the act prevents way. The Republican cuts would eviscerate drugs. vital government functions while not having But not all of Mr. Obama’s cuts are accept- tens of thousands of adverse health ef- any lasting impact on the deficit. able. The president is proposing a reduction fects, including asthma attacks, heart What Mr. Obama’s budget is most defi- by nearly half in the program that provides attacks, and even premature death. nitely not is a blueprint for dealing with the assistance to low-income families to pay for This year alone, it was estimated by real long-term problems that feed the budget home heating bills. Shared sacrifice need not the U.S. Environmental Protection deficit: rising health care costs, an aging involve the very neediest. Agency that the Clean Air Act will population and a refusal by lawmakers to Ideally, budget cuts would not start until save 160,000 lives. Yet Republicans plan face the inescapable need to raise taxes at the economic recovery is more firmly en- to starve this lifesaving agency of its some point. Rather, it defers those critical trenched. But the deficit is a pressing polit- issues, in hopes, we assume, that both the ical problem. The Obama budget is balanced funding. economy and the political environment will enough to start the process of deficit reduc- Mr. Speaker, building an excellent improve in the future. tion, but not so draconian that it would de- public education system that provides For the most part, Mr. Obama has man- rail the recovery. each and every American the oppor- aged to cut spending while preserving impor- The same cannot be said for the plan put tunity to succeed is the most important government duties. That approach is in forward by Republicans last week. It would tant investment we can make in our stark contrast to Congressional Republicans, amputate some of government’s most vital future. As President Obama said in his who are determined to cut spending deeply, functions for the next seven months of fiscal State of the Union address, it is not no matter the consequences. year 2011. (They haven’t even gotten to next just about how we cut but what we cut. A case in point: the Obama budget’s main year yet, never mind the more distant fu- cut—$400 billion over 10 years—is the result ture). Education is an investment in our fu- of a five-year freeze in nonsecurity discre- Real deficit reduction will require grap- ture, and we can’t sacrifice our future. tionary programs, a slice of the budget that pling with rising health care costs and an But Republicans, through this CR, contains programs that are central to the aging population, which means reforms in seem to be willing to sacrifice our fu- quality of American lives, including edu- Medicare, Medicaid and Social Security, as ture to meet an arbitrary campaign cation, environment and financial regula- well as tax increases to bring revenues in pledge. By cutting to the heart of the tion. line with obligations. learning needs of American children But the cuts are not haphazard. The budget Mr. Obama’s budget does not directly ad- boosts education spending by 11 percent over and youth through this extraordinary dress those big issues, but doing so would re- and nonsensical measure, Republican one year and retains the current maximum quire a negotiating partner, and Mr. Obama, level of college Pell grants—up to $5,500 a at present, does not have one among the Re- lawmakers clearly don’t understand year. To offset some of the costs, the budget publican leaders in Congress. His latest the meaning of investing in our future would eliminate Pell grants for summer budget is a good starting point for a discus- as a nation. school and let interest accrue during school sion—and a budget deal—but only if Repub- Mr. Speaker, at the State and local on federal loans for graduate students, rath- licans are willing participants in the process. level, my home State of Colorado also er than starting the interest meter after receives a slap in the face from this graduation. I yield 3 minutes to the gentleman Those are tough cutbacks, but, over all, from Colorado (Mr. POLIS), a member continuing resolution. A year ago, the Pell grant program would continue to of the Rules Committee. Highway 36, the highway that connects Boulder to Denver, was awarded a $10 help close to nine million students. The Re- b 1230 publican proposal would cut the Pell grant million TIGER/TIFIA Challenge Grant program by 15 percent this year and nearly Mr. POLIS. Mr. Speaker, America’s through the Recovery Act to expand half over the next two years. top priority is creating jobs. But here one of the most used and heavily con- The Obama budget also calls for spending we are, 6 weeks into the 112th Congress, gested highways in our State. The $10 on green energy programs—to be paid for, in and the Republican leadership has yet million Federal investment helped to part, by eliminating $46 billion in tax breaks to bring a single jobs bill to the floor. for oil, gas and coal companies over the next leverage additional funds in the area, decade. Republicans are determined not to Once again, we’re here today to exer- creating $276 million in employment raise any taxes, even though investing for cise one of our primary constitutional income and 7,200 jobs. This project im- the future and taming the deficit are impos- responsibilities as Members of Con- pacts 191,000 employees, 10 percent of sible without more money. gress, to pass appropriations legisla- our State’s total.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H808 CONGRESSIONAL RECORD — HOUSE February 15, 2011 This CR would rescind $9.1 million in I believe the opportunity is to come in order to compete against China, we funding without thought to details or together in a bipartisan way to put ev- must have a well-educated workforce. consequences upon which the rest of erything on the table to deal with it. So why on Earth would we slash Pell the funding is built. This is a critical Also, we need the President to step up Grants, which help millions of families, grant for Colorado that we were prom- to the plate and to be an honest broker 12,000 in my district alone, pay for col- ised and received leverage. on this issue and to lead the Nation. lege? We shouldn’t. The SPEAKER pro tempore. The Ms. SLAUGHTER. Mr. Speaker, I This bill will also decimate impor- time of the gentleman has expired. yield 4 minutes to the gentleman from tant lifesaving food aid programs to Ms. SLAUGHTER. I yield the gen- Massachusetts (Mr. MCGOVERN). feed hungry children and refugees. It tleman an additional 30 seconds. Mr. MCGOVERN. Mr. Speaker, I rise would literally take the food out of the Mr. POLIS. Colorado’s U.S. 36 cor- in very strong opposition to this rule mouths of some of the most vulnerable ridor won the TIGER award because it and to the underlying continuing reso- people around the world. Mr. Speaker, was one of the most innovative lution. retreating from the global war against projects in the country. Mr. Speaker, The spending bill that the Repub- extreme poverty and hunger will un- Rome wasn’t built in a day, and we can lican leadership is bringing before the dermine not just our moral authority all agree that no State or community House today is reckless, thoughtless, but our national security as well. should be punished for being innova- and heartless; and, most disturbingly, I also want to point out that this bill tive. it’s a jobs killer. I believe that the best continues the same misguided policy The American public needs and de- way to reduce our deficit and long- under Republican and Democratic serves real solutions. I encourage my term debt is to grow our economy, to Presidents alike that borrows hundreds colleagues to oppose the rule for this help businesses create jobs. of billions of dollars to pay for the wars CR, as well as the underlying CR, to At a time when our economy is in Iraq and Afghanistan. If we are truly prevent the irresponsible impact of this emerging from the worst recession in serious about reducing the deficit, then Republican spending bill. our lifetimes, when millions of Ameri- those wars need to be ended or paid for. Mr. WOODALL. Mr. Speaker, I yield cans are out of work and millions more 3 minutes to the gentleman from Vir- Along with my colleagues like WALTER are struggling to make ends meet, this ONES ginia (Mr. WOLF). J and others, I’m going to con- continuing resolution takes exactly Mr. WOLF. Mr. Speaker, I rise in sup- tinue to talk about this issue. These port of H.R. 1. This Congress must step the wrong approach. wars are bankrupting us, and we need Instead of making needed invest- up to reverse our Nation’s mounting to have a meaningful, thorough debate ments in education, medical research, deficit and debt, and this measure be- about them. infrastructure, and other priorities, fore us today takes an important step. So again, Mr. Speaker, I believe this This is an important effort, and we this bill takes a meat axe to them. In- continuing resolution contains exactly need to cut wasteful and duplicative stead of strengthening the middle class the wrong prescription for our Nation. spending. But the reality is these kinds on Main Street, this bill gives sweet- We should be focusing on creating jobs of cuts will never get us to a balanced heart deals for Wall Street. Instead of and growing our economy. Instead, this budget. investing in our workers, it protects Republican bill would lead to more un- Let’s be honest. Only 16 percent of special interest subsidies for big oil employment, more unfairness, and our Nation’s spending is in non-secu- companies and hedge fund managers. more hardship with the American peo- rity discretionary accounts. Today, we A few weeks ago on this floor, Repub- ple. are cutting over $100 billion from just licans told us that veterans programs, I urge my colleagues to reject this 1/6 of the Federal spending. education, child nutrition, and health rule and reject this underlying bill. care research would be protected. It is The infamous bank robber Willie b 1240 Sutton once said that he robbed banks clear now that those were empty prom- because that’s where the money is. In ises, Mr. Speaker. Mr. WOODALL. Mr. Speaker, I am our government, the money is in enti- For veterans, the bill eliminates a proud to yield 2 minutes to the hard- tlements. For those who are concerned program that offers housing vouchers working member of the Appropriations about funding for the sciences and edu- for homeless veterans. In education, Committee, the gentleman from Geor- cation and medical research and infra- the bill decimates the Pell Grant pro- gia, JACK KINGSTON. structure, as I am, the way to ensure gram by reducing the maximum award Mr. KINGSTON. I thank the gen- that our Nation can pay for the pro- by $800 and by cutting another $4.9 bil- tleman from Georgia for the time. grams so many people care about is to lion from other education programs. Mr. Speaker, yesterday we got the deal with the mandatory spending enti- For child nutrition, the bill cuts $750 President’s budget and it was basically tlements. million from the Women, Infants, and more of the same: higher taxes, more The President’s State of the Union Children’s program. And the bill spending, more deficits. In fact, it will address was disappointing. He had a na- slashes $2.5 billion from the National give us the third year of trillion-dollar tional forum to step up and embrace Institutes of Health, jeopardizing im- deficits. And it made no mention of en- the recommendations of the National portant research into diseases like can- titlement reform. In fact, the President Commission on Fiscal Responsibility. cer and Alzheimer’s and diabetes. It de- ignored the recommendations of his The Bowles-Simpson Commission stroys the Land and Water Conserva- very own hand-picked deficit reduction clearly recognized the looming fiscal tion Fund, a commonsense program to commission. It was very disappointing. crisis and offered a framework for a se- preserve and protect our natural re- But at the same time I want to work rious national conversation to begin on sources and outdoor recreational space, with the President. Where he wants to entitlement issues, and do it in a bipar- helping local economies grow. save money and reduce spending, I tisan way. I didn’t agree with every Mr. Speaker, when we brought up the think it’s important for Republicans to recommendation and would have tried prospect of these cuts a few weeks ago, reach out and say yes. to change some. But had I been ap- we were accused of demonizing the de- Now it sounds to me like the Demo- pointed to the commission, I would bate. Now that we have seen the num- crats want to remove themselves from have voted with Senator COBURN and bers before us, I am sad to say it is that process, which is interesting be- Senator DURBIN for the report. If those worse than any of us could have pre- cause what we are debating in this $100 Senators, from far opposite sides, could dicted. billion spending reduction bill is an come together for the good of the coun- I find the cuts in education funding open rule process where Democrats can try, then where is the President? to be particularly troublesome. As put amendments on the board. And if As important as it is to tighten the President Obama made clear in his they do agree with us, as I’m sure they Federal discretionary spending bill, we State of the Union, we must invest in do, that for every dollar we spend, 40 will only continue to tilt at windmills our children if we are to compete in the cents is borrowed, that our national with a budget ledger if we don’t deal 21st century economy. In order to debt is 96 percent of our GDP right with the entitlements—Medicare, Med- maintain our economic standing, in now, and that spending each year is 25 icaid, and Social Security. order to create the jobs of the future, percent of the GDP, a historical high,

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H809 then I know they would want to act in moving people and product again to Is it a statement of our values to un- with us rather than against us and try work and to market, growing our econ- dermine our commitment to educate to address this situation. omy. the next generation of leaders and So I say to my Democrat friends, if Creating jobs is the number one pri- innovators? The Republican proposal you feel this is too much, then offer ority for Democrats. We have said that cuts $800 per student in the maximum your own spending cuts. This is what we will judge every measure that Pell Grant award; thousands of teach- can change in Washington this year. comes before this House by whether it ers would lose their jobs; and in your Rather than having the same old hol- creates jobs, how it strengthens the neighborhood, class size could increase. low, rhetorical debate, which inciden- middle class and how it reduces the Is it a statement of our values to di- tally doesn’t really pull the rug out deficit. minish our efforts to create green jobs from the Republican Party; it pulls the Indeed, that is what President and fight disease? This bill cuts $1.3 rug out from Congress. It damages our Obama’s budget released just yesterday billion in investments to spur the clean own credibility that we can’t come to- will do. It will strengthen our Nation, energy economy of the future. It cuts gether as representatives of a nation invest in the future, help create jobs, more than $1.3 billion for cancer and and try to move the country forward and grow the economy, while reducing other disease research. together. the deficit by $1.1 trillion. It sets us on In terms of innovation and edu- Sure we can skirmish over things. a path, in President Obama’s words, to cation, the President’s budget is a com- For example, we’ve got $81⁄2 billion in ‘‘out-educate, out-innovate and out- mitment to competitiveness. This leg- earmarks eliminated in this mark. Now build the rest of the world.’’ That is in- islation is not. maybe they want to restore the ear- deed what we must do. Is it a statement of our values to de- marks. That’s fine. We have a reduc- In terms of innovation and edu- stroy jobs and undermine investments tion of 149 different spending programs. cation, the President’s budget is a com- in our roads, schools and bridges to re- Maybe they want to restore those. mitment to competitiveness that will build America? Tens of thousands of Maybe they want to double that keep America number one. In terms of new construction jobs would be lost amount. out-building the rest of the world, con- and 76 projects to upgrade our roads in The SPEAKER pro tempore. The sider this quote from USA Today: your districts and bridges in 40 States time of the gentleman has expired. ‘‘Associated General Contractors, a would be canceled. I mentioned earlier Mr. WOODALL. I am pleased to yield trade group for the construction indus- what the general contractors said the gentleman 1 additional minute. try, estimates the plan could create about creating millions of jobs in the Mr. KINGSTON. Maybe the Demo- about 5.4 million construction jobs and industry and 10 million more jobs indi- crats want to insist that the stimulus 10 million more jobs in related indus- rectly. money stay in there. We go after the tries and the broader economy.’’ b 1250 remaining portion, $2 billion. Maybe President Obama’s budget is a tough Is it a statement of our values to di- they think that’s a bad thing and budget and it makes tough choices. I minish the public safety of our neigh- maybe we should get more out of it. don’t agree with everything that the borhoods? There would be up to 3,000 But rather than just having the same President cut in the budget, but it is a fewer cops on the beat in your neigh- old drama over and over again, hiding statement of values that we must sup- borhood and 2,400 fewer firefighters on behind children and seniors and Pell port. It makes cuts and tough ones in a the job in our communities coast-to- Grants and everything else, why not responsible way. As President Obama coast; 3,000 fewer cops on the beat and come to the table and say, ‘‘Here are said yesterday, we must live within our 2,400 fewer firefighters in our commu- our cuts’’? means and invest in the future. nities coast-to-coast. Mr. Speaker, this is 2.6 percent. That That is in stark contrast to the Re- Is it a statement of our values to cut is to say that if I owed you a dollar and publican legislation we debate today. funding for homeless veterans? If there paid you back 97 cents, sure, you might With severe and indiscriminate spend- was one example of where this goes too still want that 3 cents from me, but, ing cuts, it goes too far. This legisla- far—think of it: Republicans want to you know, you’re pretty doggone close. tion will destroy American jobs while eliminate $75 million from an initiative This is a 2 percent reduction in a $3.7 harming middle class families, young that offers housing vouchers to our trillion budget. adults, seniors, and, yes, even our vet- homeless vets. It is a very effective ini- Now, if the Democrats don’t like it, erans. Since coming into office, Repub- tiative. Republicans want to cut it. don’t call it slashing and burning and licans have not put forward any initia- And is it a statement of our values to all these other descriptions that are tives to create jobs. Indeed, with this deprive women of primary care? When lively and make for good rhetoric and legislation, they are making matters it comes to health and education, Re- good drama. But if anything is irre- worse. According to an independent publicans put women and children last. sponsible, it’s irresponsible to call a study just released, the domestic cuts Democrats and Republicans must cut of 2.6 percent reckless. in this bill would destroy 800,000 public- work together to ensure our Nation Ms. SLAUGHTER. Mr. Speaker, I am and private-sector jobs. Democrats are lives within its means. That is for sure. honored to yield 1 minute to the distin- saying to the Republican majority: We must continue to aggressively at- guished gentlewoman from California, Show us the jobs. Show the American tack waste, fraud, and abuse, and we the Democratic leader, Ms. PELOSI. people where the jobs are. will subject every taxpayer dollar we Ms. PELOSI. I thank the gentlelady Just today, Speaker BOEHNER said spend to the toughest scrutiny, ensur- for yielding, and I join her in opposing that if jobs are lost as a result of Re- ing that the American people are get- this rule and urging our colleagues to publican spending cuts, ‘‘So be it.’’ ting their money’s worth. But Repub- vote ‘‘no’’ on the rule, ‘‘no’’ on the pre- So be it? We believe that our budget licans have not presented a responsible vious question, and ‘‘no’’ on final pas- should be a statement of our national plan for addressing the deficit. We be- sage of the bill. values. What is important to us must lieve we can cut the deficit and create Voting ‘‘no’’ on the previous question be included in our budget. jobs. To do so, we must invest in the will enable us, if it succeeds, to bring Consider what the Republican legis- future. to the floor our Build America Bonds lation we debate today would do to di- Democrats do not subscribe to legislation. Build America Bonds is minish our investments in education, Speaker BOEHNER’s verdict that if jobs supported, outside the Congress, across halt innovation, destroy good-paying are lost in this continuing resolution, the board in a nonpartisan way by American jobs and make our neighbor- so be it. Maybe so be it for him, but not those who are building America—who hoods less secure. Indeed, not even so be it for the people who are losing are dredging our ports to enhance our homeless veterans are spared by the their jobs. Instead, we support Presi- trade, who are building our schools to Republicans. Our Federal budget, as I dent Obama’s budget to out-innovate, educate our children, who are building said, must be a statement of our na- out-educate, and out-build the rest of our roads and highways and mass tran- tional values. We must ask ourselves, the world. sit to get people to work and back, im- is this Republican legislation a state- That is why, Mr. Speaker, I urge my proving the quality of their lives; and ment of our values? colleagues to vote no on the previous

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H810 CONGRESSIONAL RECORD — HOUSE February 15, 2011 question, no on the rule, and no on the gan. So I’d like to propose one: Eat the Fu- the future costs—a population damaged by underlying bill. Let’s put this aside and ture. childhood malnutrition, an increased chance get on with the business the people I’ll explain in a minute. First, let’s talk of terrorist attacks, a revenue system under- about the dilemma the G.O.P. faces. sent us here to do: Creating jobs, re- mined by widespread tax evasion—well, to- Republican leaders like to claim that the morrow is another day. ducing the deficit, strengthening the midterms gave them a mandate for sharp In a better world, politicians would talk to middle class, and protecting the Amer- cuts in government spending. Some of us be- voters as if they were adults. They would ex- ican people. lieve that the elections were less about plain that discretionary spending has little Mr. WOODALL. Mr. Speaker, at this spending than they were about persistent to do with the long-run imbalance between time I am proud to yield 2 minutes to high unemployment, but whatever. The key spending and revenues. They would then ex- a hardworking member of the Appro- point to understand is that while many vot- plain that solving that long-run problem re- priations Committee, the gentleman ers say that they want lower spending, press quires two main things: reining in health- the issue a bit further and it turns out that care costs and, realistically, increasing taxes from New Jersey (Mr. FRELINGHUYSEN). they only want to cut spending on other peo- Mr. FRELINGHUYSEN. I thank the to pay for the programs that Americans real- ple. ly want. gentleman for yielding. That’s the lesson from a new survey by the But Republican leaders can’t do that, of I rise in support of the rule and the Pew Research Center, in which Americans course: they refuse to admit that taxes ever continuing resolution. were asked whether they favored higher or need to rise, and they spent much of the last Mr. Speaker, we would not be in this lower spending in a variety of areas. It turns two years screaming ‘‘death panels!’’ in re- position this afternoon if the leader- out that they want more, not less, spending sponse to even the most modest, sensible ef- ship of the last Congress let the Appro- on most things, including education and forts to ensure that Medicare dollars are well priations Committee do its work last Medicare. They’re evenly divided about spent. spending on aid to the unemployed and—sur- And so they had to produce something like year, to act on the President’s budget prise—defense. proposal when it came out, to debate Friday’s proposal, a plan that would save The only thing they clearly want to cut is remakably little money but would do a re- our bills in full committee, to debate foreign aid, which most Americans believe, markably large amount of harm. our bills on the floor. So that is why we wrongly, accounts for a large share of the are here today. It would have been federal budget. Mr. Speaker, I yield 2 minutes to my great if last year’s House leadership Pew also asked people how they would like fellow New Yorker (Mr. BISHOP). Mr. BISHOP of New York. Mr. Speak- had actually listened to the American to see states close their budget deficits. Do they favor cuts in either education or health er, I rise in opposition to the rule and, people. care, the main expenses states face? No. Do We would not be in this situation if more importantly, in opposition to the they favor tax increases? No. The only def- underlying legislation. the President and the congressional icit-reduction measure with significant sup- leadership hadn’t borrowed billions of I think we all recognize that we must port was cuts in public-employee pensions— make painful cuts, we must make dif- dollars, mortgaging our future, to and even there the public was evenly divided. spend on multiple stimulus bills and The moral is clear. Republicans don’t have ficult cuts, but I think it is important bailouts that did little to create pri- a mandate to cut spending; they have a man- to recognize that there is a real dif- vate-sector jobs and restore consumer date to repeal the laws of arithmetic. ference between painful cuts and dif- How can voters be so ill informed? In their ficult cuts and cuts that are destruc- confidence. defense, bear in mind that they have jobs, The Department of Energy alone had tive, and I want to focus on an area children to raise, parents to take care of. where I think the cuts will be particu- $39 billion in stimulus money, all, I They don’t have the time or the incentive to might say, borrowed—$9 billion more study the federal budget, let alone state larly destructive. They will be destruc- than its entire budget. It was a recipe budgets (which are by and large incompre- tive to ambition, destructive to aspira- for waste, a scatter gun approach that hensible). So they rely on what they hear tion, and destructive to our ability to raised many public expectations but in from seemingly authoritative figures. maintain a vibrant economy, and those And what they’ve been hearing ever since are the cuts maintained in this legisla- the end provided few achievements and Ronald Reagan is that their hard-earned dol- fewer yet jobs. In many cases it created tion that would take $6.5 billion, $6.5 lars are going to waste, paying for vast ar- billion in one year, out of the student businesses in the energy sector that mies of useless bureaucrats (payroll is only 5 could not survive without more govern- percent of federal spending) and welfare financial aid program, cutting Pell ment funding. To me, it created false queens driving Cadillacs. How can we expect Grants by $5.6 billion, almost $5.7 bil- markets. As some described it, it was voters to appreciate fiscal reality when poli- lion, and cutting SEOG, a program more money than some knew how to ticians consistently misrepresent that re- that has been in existence since the deal with. ality? late 1960s, completely eliminating it to Which brings me back to the Republican the tune of $800 million a year. These For months, those dollars were not dilemma. The new House majority promised obligated, much less spent, hiring up cuts are destructive. to deliver $100 billion in spending cuts—and The most powerful tool that we have people in the public and private sector its members face the prospect of Tea Party that the White House and the House primary challenges if they fail to deliver big to put our economy back on track is an and Senate leadership knew would cuts. Yet the public opposes cuts in pro- educated workforce, and the most pow- eventually be laid off. Some might call grams it likes—and it likes almost every- erful tool we have to bring about the it a job Ponzi scheme, a blank check thing. What’s a politician to do? fiscal stability that we need in this The answer, once you think about it, is ob- country is a growing economy. That is owed to our children. vious: sacrifice the future. Focus the cuts on So here we are this week to pick up not possible unless we have an edu- programs whose benefits aren’t immediate; cated workforce. the pieces, right-size the ship of state, basically, eat America’s seed corn. There stop spending money we don’t have, will be a huge price to pay, eventually—but Sixty-three percent of the jobs that and restore trust for the American peo- for now, you can keep the base happy. will be created over the next 6 years ple that has been badly broken. If you didn’t understand that logic, you will require post-secondary education. Ms. SLAUGHTER. Mr. Speaker, I might be puzzled by many items in the Ninety percent of the jobs that are ex- yield myself 10 seconds to just say, in House G.O.P. proposal. Why cut a billion dol- pected to be the highest growing a column printed Sunday in The New lars from a highly successful program that areas—science, technology, math, provides supplemental nutrition to pregnant health care—require a post-secondary York Times, prize-winning economist mothers, infants, and young children? Why Paul Krugman said the bill will sac- cut $648 million from nuclear nonprolifera- education. And yet the response of the rifice the future. He also said, ‘‘Repub- tion activities? (One terrorist nuke, assem- current leadership of this Congress to licans don’t have a mandate to cut bled from stray ex-Soviet fissile material, that is to cut funding that allows stu- spending; they have a mandate to re- can ruin your whole day.) Why cut $578 mil- dents to go on to college. It is wrong- peal the laws of arithmetic.’’ lion from the I.R.S. enforcement budget? headed and, frankly, it is destructive of [From the New York Times, Feb. 13, 2011] (Letting tax cheats run wild doesn’t exactly our future, and I would urge that my serve the cause of deficit reduction.) EAT THE FUTURE colleagues vote against it. Once you understand the imperatives Re- I will make one last point. The gen- (By Paul Krugman) publicans face, however, it all makes sense. On Friday, House Republicans unveiled By slashing future-oriented programs, they tleman from New Jersey just said the their proposal for immediate cuts in federal can deliver the instant spending cuts Tea Democrats did not listen to the Amer- spending. Uncharacteristically, they failed Partiers demand, without imposing too ican people last year. That is a con- to accompany the release with a catchy slo- much immediate pain on voters. And as for tinuing refrain. Well, the American

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H811 people have spoken loudly and clearly say that we should pay for the war in The SPEAKER pro tempore. The about education cuts. Sixty-one per- Afghanistan, that we should not con- time of the gentleman has expired. cent of them believe that the Federal tinue to borrow the money. Last year, Mr. MCGOVERN. I yield the gen- Government should spend more on edu- we borrowed $450 billion. That went tleman an additional 30 seconds. cation and only 11 percent believe that onto the credit card. And that means Mr. ANDREWS. I yield to my friend, we should cut education. our kids and grandkids will have to the gentleman from Georgia, to re- The SPEAKER pro tempore. Without bear that burden. That amendment was spond. objection, the gentleman from Massa- not made in order. I couldn’t offer that Mr. WOODALL. I would say to the chusetts (Mr. MCGOVERN) will control amendment. gentleman that having an open process the time on the minority side. We talked last night about the give- and abiding by the rules of the House is There was no objection. aways to big oil companies and the critical to getting our work done. And Mr. WOODALL. Mr. Speaker, at this need to get at those subsidies. The way if the rules of the House permit this time I am pleased to yield 2 minutes to the bill is written, we can’t do it. We amendment, I look forward to sup- the gentleman from Iowa (Mr. can’t do it. So it’s not so open. porting it. LATHAM). I yield 2 minutes to the gentleman Mr. ANDREWS. Reclaiming my time, Mr. LATHAM. I thank the gentleman from New Jersey (Mr. ANDREWS). I would just read the words of our from Georgia for the time. (Mr. ANDREWS asked and was given Speaker on opening day when he said Mr. Speaker, what a difference a new permission to revise and extend his re- to us, You will always have the right to Congress makes. We have seen in the marks.) a robust debate in an open process that last 4 years on the Appropriations Mr. ANDREWS. Mr. Speaker, we do allows you to make your case and offer Committee a lack of any kind of trans- believe that reducing our deficit is one alternatives. of the ways to instill confidence and parent open process. This last year on Always. I’m not sure if ‘‘always’’ ap- create jobs. So, Mr. Speaker, I have a the other side of the aisle when they plies to this rule. proposal for consideration. We give were in control, they didn’t even pass a Mr. WOODALL. Mr. Speaker, I re- away $4 billion a year in tax breaks to budget, a blueprint for spending. And serve the balance of my time. oil companies. Last week, the former that is why this year, Mr. Speaker, we Mr. MCGOVERN. Mr. Speaker, at this CEO of Shell Oil Company said they have a $1.65 trillion deficit. One year, time I yield 3 minutes to the gen- don’t need these tax breaks any more $1.65 trillion. We can’t continue. tleman from Washington (Mr. DICKS), because they would search for the oil The President’s budget that he the distinguished ranking member of anyway; and, by the way, these compa- brought up, which is not just dead on the Committee on Appropriations. nies made about a 53 percent profit last arrival, it is debt on arrival, what this Mr. DICKS. I appreciate the gen- year. says is that we are going to double the tleman, Mr. MCGOVERN, yielding. So here’s the proposal I would like to I want to stand here today and tell privately held national debt, another $7 make: Let’s do away with the $4 billion you that we’re all worried about the trillion. This is not fiscal restraint. in oil company tax breaks. Let’s take economy. We’re all worried about get- This is not sanity. 80 percent of that money and use it to ting people back to work; we have 9 I have four grandchildren, and the reduce the deficit, and then let’s take percent unemployment. But the reality reason I am here is to make sure that the remaining 20 percent of the money is there are a lot more people who have they have a future. We cannot continue and spend it on programs for homeless lost their jobs who have given up look- this outrageous spending that is going veterans. on in Washington. And when you look There was a report last week that 16 ing or are underemployed. This is the at this bill that we are talking about percent of the homeless in our country most serious economic problem we’ve on the floor, $100 billion off of the are veterans of the military service. faced since the Great Depression. President’s proposal for this past year, This is obviously a condition that’s a Now, unfortunately, the choice of the that is less than 1/16th of the annual disgrace to our country and should be majority is to cut very substantially deficit. It is scratching the surface. But stopped. So my proposal under this into programs that are in the domestic because there has been no budget, open rule is that I be permitted to offer accounts and $15 billion from defense. there has been no fiscal restraint at all an amendment that says let’s get rid of We all understand we have got to get in the previous two Congresses, this the tax breaks for the oil companies, spending under control and we have to thing has totally grown way beyond put 80 percent of the money to reduc- eliminate waste, fraud, and abuse. We what is comprehensible by any normal ing the deficit, and spend the other 20 have to look at this oil subsidy issue, person. percent to help the homeless veterans which the oil companies even are em- That is why, Mr. Speaker, this is the living on the streets of our country. barrassed about. first step to bring some fiscal sanity Now, it’s my understanding, reading But what I worry about here is with back to Washington, D.C., to actually this rule, that I will not be permitted this approach we are going to hurt the understand what the ramifications are to offer that amendment. I would yield economy. We are going to drive unem- long-term in spending. We cannot con- to anyone on the majority side if they ployment up. We’re going to drive the tinue. And it is amazing to me in this could tell me whether they agree with deficit up. And it is countercyclical. rule to have an open process, where my interpretation of the rule. Would I When you cut this much spending, it is people can actually have amendments, be permitted to offer the amendment going to hurt the fragile recovery, and I have had some Democrat colleagues that I am proposing on the floor? it’s not going to put people back to come up and say, you mean, we are ac- Mr. WOODALL. Will the gentleman work. tually going to have amendments? yield? The other side seems to think that They don’t know how to handle that, Mr. ANDREWS. I yield to the gen- by making these cuts that the private because we have had a closed process tleman from Georgia. sector is going to say, ‘‘aha’’, and infor the last 4 years. We have second Mr. WOODALL. I appreciate the gen- vest all kinds of money and create jobs term Members of Congress that have tleman’s yielding. As a newcomer here to offset these cuts. As the Democratic never seen an open rule on an appro- to the U.S. House of Representatives, I majority leader has just said, there are priations bill. Let’s pass this rule and would certainly defer to the Parlia- highly regarded studies out there that get our house in order. mentarian; but I’m encouraging every- show that 800,000 jobs will be lost be- one to bring every amendment. Bring cause of this bill. That will have a b 1300 every amendment, Congressman, to the major negative impact on the econ- Mr. MCGOVERN. Mr. Speaker, I yield House floor and offer that amendment omy. myself 30 seconds. for debate and discussion. Also, one program that I looked into Mr. Speaker, my friends on the other Mr. ANDREWS. Reclaiming my time, and I hope we can fix is the voucher side of the aisle talk about the need to I would then respectfully ask the gen- program for homeless veterans. This be fiscally responsible. I tried last tleman if the majority would then not has been a program that’s been going night to offer an amendment in the lodge a point of order when my amend- on for about 3 or 4 years. Homeless vet- Rules Committee that would simply ment comes to the floor. erans can get a voucher and go through

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H812 CONGRESSIONAL RECORD — HOUSE February 15, 2011 their public housing authorities and regular order that we have is an open ican competitiveness and actually de- get a place to live. There are almost rule that closes out an amendment stroys jobs. 30,000 people in this program; and the that would shut off the funding that’s That’s why I introduced the Build ones that are in it are doing better— automatically appropriated by America Bonds Now to Create Jobs less alcohol, less drugs. They’re getting ObamaCare. If we’d actually had a full Act, legislation to extend the success- jobs. They’re feeling better about regular order, I could have brought ful Build America Bonds program, a themselves. And there is a need, ac- that amendment before a sub- jobs bill. Creating jobs grows the econ- cording to General Shinseki, now head committee of Appropriations—asked omy, encourages American innovation, of the VA, for another 30,000 of these someone to do—or the full Appropria- and positions us to remain the global vouchers. tions Committee. And actually, at the economic leader. During the past 2 This money is in the 2012 budget re- request, I followed all those paths until years, $4.4 billion from the Recovery quest. It was in the 2010 budget request. such time it wasn’t written into the Act leveraged $181 billion worth of The majority decided to terminate this bill, as was shutting off funding to projects to construct and repair program. I would hope we could recon- transferring people out of Gitmo or schools, bridges, roads, and transit sys- sider that. The program is working, cutting off the 1099 or the stimulus tems in more than 2,270 projects in and we need another 30,000 of these plan of the President’s. every State of the Union. vouchers. All of that is written out in the bill, According to Moody’s Analytics chief The SPEAKER pro tempore. The but nothing is in the bill that allows us economist and JOHN MCCAIN’s 2008 time of the gentleman has expired. to write out the automatic $105 billion Presidential campaign adviser, infra- Mr. MCGOVERN. I yield the gen- dollars. So we’re faced with the auto- structure investments in the Recovery tleman an additional 15 seconds. matic institutionalization of Act resulted in 8 million new or pro- Mr. DICKS. The most recent data in- ObamaCare even while we cut this tected jobs that otherwise would have dicates that 10,000 of these veterans are budget $100 billion. So I went to Rules been lost in 2009 and 2010. By extending from the Iraq and Afghanistan war. last night and asked Rules, Protect my the Build America Bonds program, we These are young people coming back amendment from a point of order so can do more. who have served their country, and this House can work its will. I ask my colleagues to oppose this they deserve to have these vouchers if closed rule and to support the amend- they need them. And we should restore b 1310 ment to bring the Build America Bonds this program. Again, I think we should Even though I have great respect for Now to Create Jobs Act to the floor. vote against the rule, vote against the all of the members of the Rules Com- Let’s create jobs. Let’s grow the econ- previous question. mittee, and the tone and tenor of the omy. Let’s unleash America competi- Mr. WOODALL. Mr. Speaker, I am debate and the dialogue in there could tiveness. very proud to yield 3 minutes to a true not have been better, the Rules Com- American patriot, a lover of this coun- mittee declined to do that. Mr. WOODALL. Mr. Speaker, I am try, the gentleman from Iowa, Mr. I am here on this floor now, asking pleased to yield 2 minutes to the gentleman from the freedom-loving State STEVE KING. myself: How do I vote ‘‘yes’’ on a rule Mr. KING of Iowa. I thank the gen- that I so oppose? of Idaho (Mr. SIMPSON). tleman from Georgia, and I’m very glad That’s my position, Mr. Speaker. I Mr. SIMPSON. First, let’s discuss the to welcome him to the United States think that, if we fail to act now, now rule because we are here debating the Congress. He knows a little bit about while we have the maximum amount of rule. what’s going on around this organism leverage and the one of two pieces of Mr. Speaker, this is essentially an that we live and work and breathe in. must-pass legislation—that is the CR, open rule. Yes, it does have a require- I come to the floor during this rules and next is the debt ceiling bill—to ment for preprinting, but any Member debate to raise a subject that I think shut off the funding to implement can offer any amendment they want as needs to be brought before this Con- ObamaCare, we will have missed our long as they preprint it. Now, I under- gress, Mr. Speaker, and that’s this: chance. By the way, every appropria- stand my colleagues on the other side that even though this House in H.R. 2, tions bill will come to the floor with of the aisle might not like that. It’s the second priority of the Speaker, the same kind of rule that will block kind of foreign to them. For the last 4 voted to repeal ObamaCare and sent out anyone from offering any legisla- years, we’ve had rules come to the that bill over to the Senate where it tion that will shut off the funding, the floor that were closed. Members didn’t was taken up and every Republican automatic appropriations to have an opportunity to amend them. In voted to repeal ObamaCare—so every ObamaCare. fact, if we were under the previous Republican in all the United States So as much as it pains me to be leadership, what we would have here is Congress has voted to repeal standing here at this point, I can’t fig- a closed rule, an hour’s debate on this ObamaCare. It was bipartisan in this ure out how I can vote ‘‘yes’’ on a rule CR. We would pass it and it would be House, by the former Speaker’s defini- that I so oppose. done. Members wouldn’t have an oppor- tion. And even though that took place, Mr. MCGOVERN. Mr. Speaker, I yield tunity to influence the legislation be- we did not shut off the funding to 2 minutes to the distinguished gen- fore us. ObamaCare because in a—I won’t say a tleman from Virginia (Mr. CONNOLLY). This is part of this majority’s prom- legislative sleight of hand—there was Mr. CONNOLLY of Virginia. I thank ise that we are going to open the proc- written in the ObamaCare bill auto- my friend from Massachusetts. ess and let the Members of Congress, matic appropriations that just last I was very interested to hear the the elected Representatives of the peo- week we were able to pull all those comments from our friend from Iowa. I ple, have a say in how we craft this leg- pieces out and add them up and we re- couldn’t sympathize more with him, islation and in how it turns out in the ceived a CRS report last Friday that and I know I will have his support later long run. I don’t understand, frankly, shows that $105.5 billion are automati- in opposing a point of order to an why Members would oppose the rule. I cally triggered for spending that will amendment I have to restore Metro can understand their opposition to the implement ObamaCare whether or not funding here in the National Capital underlying bill, but to oppose the rule we shut off the funds in this CR going region and to offset it with some cuts makes no sense whatsoever. forward. These are automatic appro- in certain agricultural subsidies. Secondly, I rise in support of the un- priations. Mr. Speaker, today we debate the derlying legislation. It is tough. The I believed—and I’ve seen it for a long rule on the full year continuing appro- other side of the aisle continues to say time and worked on this thing ever priations act for 2011. While I under- all the right things: We’ve got to make since mid-last summer—that we need stand and support the need to establish tough decisions. We’ve got to enforce to shut off all funding to ObamaCare in long-term fiscal responsibility, to re- tough love. We’ve got to reduce the def- every appropriations bill going for- duce spending, to reduce the deficit, icit. We’ve got to cut our spending. I ward. And we had the assurance that and to grow the economy, H.R. 1 is not hear those words and those phrases by we would have regular order. Well, the the way. It takes a meat ax to Amer- every speaker who has come up. Yet

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H813 they oppose every effort to try to re- I reserve the balance of my time. has an amazing honor. He is able to duce the spending of the Federal Gov- Mr. WOODALL. Mr. Speaker, I am make history here. We’ve not been able ernment as if it is a drastic reduction pleased to yield 2 minutes to the gen- to find a time that a continuing resolu- in what’s going to happen and as if it’s tlewoman from Missouri (Mrs. EMER- tion has been brought to the floor going to destroy our economy and de- SON). under a modified open rule, and he has stroy the Federal Government. Frank- Mrs. EMERSON. Mr. Speaker, I rise done a suburb job in managing it. ly, none of that is true. not only in strong support of the rule I didn’t really hear my friend from Remember, as the gentleman from but also in strong support of the con- Worcester say much of anything, so I Iowa did say, we’ve got a $1.65 trillion tinuing resolution. suspect he did a reasonable job in rec- deficit in this budget, $1.65 trillion. The American people didn’t send us ognizing that we are making history That’s on top of the $14 trillion we’re here to pass promises. They didn’t ask and that we are going to, for the first already in debt. us to start making tough choices next time, allow any Democrat or Repub- The SPEAKER pro tempore. The year. There is always next year, but lican to stand up on this floor and offer time of the gentleman has expired. our effort to rein in the size, scope, and an amendment to the appropriations Mr. WOODALL. I yield the gen- cost of the Federal Government has got bill that is going to be before us, the tleman an additional 30 seconds. to start right now. This continuing res- continuing resolution. Mr. SIMPSON. There is no magic bul- olution honors our commitment, start- b 1320 let. We know we can’t balance this ing with funding for the remainder of budget simply by reducing non-secu- the 2011 fiscal year. I think that, Mr. Speaker, it is im- rity, non-defense spending. As chair of the Financial Services portant for us to recognize that it’s not Yet as the saying goes: The journey Subcommittee of the Appropriations only a new day when it comes to the of 1,000 miles begins with a single step. Committee, I want to say that our fi- process in this House for us to consider This is that first step. nancial services section contains a appropriations bills, but it’s a new day Yes, we have to get after the entitle- total of $20.4 billion, which is a $3.8 bil- in that we have stepped forward and ment programs if we’re going to reduce lion, or a 16 percent, reduction from recognized that if we don’t get our fis- this deficit. Yes, we have to look at all fiscal year 2010 levels, and a reduction cal house in order and bring about dra- of our tax structure if we’re going to of $4.9 billion, or 19 percent, from the matic spending cuts, our future is very get after this deficit; but we’ve got to President’s fiscal year 2011 request. much in question. And I say that be- do what the American people instinc- Reductions of this magnitude are cause people used comparisons to crazy tively know is the right thing to do, really challenging but are very nec- places like Greece and California when which is to get back to a balanced essary given the fiscal situation facing they talk about the potential problems budget and quit endangering the future the Nation. Priority funding in this bill that the United States of America of our children and grandchildren. is focused on the most essential pro- faces. And I’ve got to say that, if we Mr. MCGOVERN. Mr. Speaker, I grams, such as security for the courts, don’t bring about these kinds of spend- would like to have entered into the counterterrorism, financial intel- ing cuts, we are going to be passing on RECORD a statement as to why this is ligence operations, as well as drug task to future generations a responsibility not an open rule and about the restric- forces. Yet other programs can easily that they do not deserve to have. tions that are on Members who are achieve the new efficiencies this fiscal That’s why it’s up to us to do our job wishing to offer amendments. environment demands, especially at and make sure we get our fiscal house WHAT’S WRONG WITH A MODIFIED OPEN RULE? the executive office of the President in order. A modified open rule such as this one im- and the Treasury Department. These I mean, as the distinguished chair of poses several restrictions on Members wishing agencies should set an example for the the Committee on Appropriations, Mr. to offer amendments: rest of the executive branch by recog- ROGERS, has said so well, the cuts in It stifles the free flow of debate by pre- nizing significant budget savings. this bill that are going to be before us venting Members from offering amendments For the IRS, the committee believes are larger than the gross domestic inspired by the debate or by other amend- the agency can achieve efficiencies and product of 126 countries, and that’s ments. has reduced its funding accordingly. In why we’ve got a monumental responsi- Several years ago Chairman DREIER suc- addition, the bill prohibits the IRS bility and a chance for Democrats and cinctly explained why an open rule is superior from using CR funding to implement Republicans together to work on this to a modified open rule. He said: ‘‘An open the 1099 provision in the health care re- thing. rule means that as the legislative process pro- form act, which would cause great And I’m so pleased to see my friend ceeds, as an amendment passes, it can spark harm to our small businesses. NORM DICKS, the distinguished ranking an idea for an amendment that another Mem- It also requires the GSA to become member, already working on his great ber may choose to offer with the changes that more efficient, and it eliminates fund- product that’s going to be coming for- are made in the legislation.’’ ing for construction or major alter- ward as we seek to have the two of us A modified open rule also limits Members’ ations to Federal buildings that have come together as political parties to ability to respond to changes on the floor that been earmarked in the past by Con- resolve our Nation’s challenges. would require redrafting an amendment. gress and by the President. Mr. MCGOVERN. Mr. Speaker, I will And the rule in front of us goes even further Government has to be accountable to yield myself the balance of my time. than any modified open rule I’ve ever seen by the people and so must government Mr. Speaker, Democrats very much adding the unprecedented provision that pro- spending. This bill strikes that bal- want to eliminate wasteful spending. hibits using offsets from one subcommittee al- ance, and it makes priorities at a time We are committed to making the tough location to transfer funds to a different sub- when our Congress and our country choices to get this budget more bal- committee allocation. must begin to face some very tough anced, to get our deficit reduced, and The rule finally provides for same day con- choices. start paying down the debt. That’s not sideration of another rule for H.R. 1, which will Mr. MCGOVERN. Mr. Speaker, I con- the issue. The issue is where do you allow the Republican Majority to report out a tinue to reserve the balance of my make those cuts. new rule shutting down the amendment proc- time. My friends on the other side of the ess and take it to the floor that very same day. Mr. WOODALL. Mr. Speaker, I am aisle talked about shared sacrifice. We haven’t even begun debate, and already very pleased to yield 2 minutes to the Well, the only people that seem to be Republicans have prepared to further restrict chairman of the Rules Committee, the sacrificing under their approach are this supposedly open process. gentleman from California (Mr. middle-income families and the poorest I think Chairman DREIER said it best just last DREIER). of the poor in our country. A few weeks month when describing a rule even less re- (Mr. DREIER asked and was given ago, at their insistence, millionaires strictive than this one. He said: ‘‘This is not an permission to revise and extend his re- and billionaires got an extension of the open rule. I want to make it very clear to all marks.) Bush tax cuts at a cost of billions of my colleagues again: This is not an open Mr. DREIER. Mr. Speaker, I want to dollars in terms of more borrowed rule.’’ begin by complimenting my friend. He money added on to our deficit. So the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H814 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Donald Trumps of the world are not straint, they’re a good deal for the ly divided and controlled by the Majority sacrificing. American taxpayer, wisely using small Leader and Minority Leader or their respec- Big Oil is not sacrificing. Just to put public investments to leverage signifi- tive designees. After general debate the bill it into perspective that BP, Chevron, shall be considered for amendment under the cant private funds to rebuild America five-minute rule. All points of order against ConocoPhillips, ExxonMobil, and Shell and create jobs. provisions in the bill are waived. At the con- made a combined profit of over $1 tril- Mr. Speaker, I ask unanimous conclusion of consideration of the bill for lion during this past decade, and yet sent to insert the text of the amend- amendment the Committee shall rise and re- taxpayers are subsidizing Big Oil comment in the RECORD along with extra- port the bill to the House with such amend- panies. Why? And for all the talk about neous materials immediately prior to ments as may have been adopted. The pre- how open this rule is, we can’t come up the vote on the previous question. vious question shall be considered as ordered with an amendment that is germane or The SPEAKER pro tempore. Is there on the bill and amendments thereto to final passage without intervening motion except that will be made in order to go after objection to the request of the gen- one motion to recommit with or without in- the subsidies because they are pro- tleman from Massachusetts? structions. If the Committee of the Whole tected. There was no objection. rises and reports that it has come to no reso- I mentioned, earlier, the war. We bor- Mr. MCGOVERN. Mr. Speaker, I urge lution on the bill, then on the next legisla- rowed $450 billion last year. Our sol- my colleagues to vote ‘‘no’’ and defeat tive day the House shall, immediately after diers are sacrificing, their families are the previous question so that we can the third daily order of business under clause sacrificing, and we’re not paying for debate and pass real jobs legislation. 1 of rule XIV, resolve into the Committee of the war. We’re just putting it on our the Whole for further consideration of the The American people want us to talk bill. credit card. That is unconscionable, about jobs and how to create jobs and SEC. 5. Clause 1(c) of rule XIX shall not and yet an amendment is not eligible protect jobs. This will do it. apply to the consideration of the bill speci- to be brought up to insist that we pay So I urge a ‘‘no’’ vote on the previous fied in section 4 of this resolution. for this war. question and a ‘‘no’’ vote on the rule. (The information contained herein was So where do they cut? Education, I yield back the balance of my time. provided by the Republican Minority on mul- more than 200,000 kids kicked out of tiple occasions throughout the 110th and Mr. WOODALL. Mr. Speaker, I will 111th Congresses.) Head Start and thousands of teachers say again, I can’t believe that here on would lose their jobs. An $800 reduction THE VOTE ON THE PREVIOUS QUESTION: WHAT IT my first rule we have an open process; REALLY MEANS per student in the maximum Pell for the first time in the history of this This vote, the vote on whether to order the Grant award. Innovation, 20,000 fewer House, the best I can tell, an open proc- previous question on a special rule, is not researchers supported at the National ess on a continuing resolution. Now, merely a procedural vote. A vote against or- Science Foundation trying to find a we’re only dealing with this continuing dering the previous question is a vote cure to cancer; a $1.4 billion reduction resolution because of the mess we were against the Republican majority agenda and in science and energy research to spur left in last year, and we’re doing the a vote to allow the opposition, at least for a clean energy economy of the future; very best we can with it. the moment, to offer an alternative plan. It $2.5 billion in cuts to the National In- is a vote about what the House should be de- You’ve heard words like ‘‘draconian,’’ bating. stitutes of Health, again, trying to find ‘‘decimates,’’ ‘‘slashes.’’ I want to put Mr. Clarence Cannon’s Precedents of the cures for diseases like cancer, diabetes, it in terms that I think we can all un- House of Representatives (VI, 308–311), de- Alzheimer’s. If we found a cure for Alz- derstand. I want you to think about it scribes the vote on the previous question on heimer’s, we would never have another in terms of your family grocery budget, the rule as ‘‘a motion to direct or control the problem with Medicaid again. Yet you Mr. Speaker. If you went to the gro- consideration of the subject before the House are cutting back on those important cery store today and bought your gro- being made by the Member in charge.’’ To investments. High-speed rail being cut defeat the previous question is to give the ceries for a month, our friends on the opposition a chance to decide the subject be- back. A loss of 25,000 construction jobs other side would have you believe that fore the House. Cannon cites the Speaker’s if your bill becomes law. You’re cut- we want you to fast for an entire day, ruling of January 13, 1920, to the effect that ting cops and firefighters, and yet because that’s about what it is, this ‘‘the refusal of the House to sustain the de- we’re protecting the very wealthy in $100 billion, about 1 day out of a mand for the previous question passes the this country. We’re protecting sub- month’s grocery budget. control of the resolution to the opposition’’ sidies to major oil and gas companies. But if you took that 30 days of gro- in order to offer an amendment. On March It is just wrong, Mr. Speaker. 15, 1909, a member of the majority party of- ceries and you spread those 30 days fered a rule resolution. The House defeated Mr. Speaker, I would urge my col- around—and that’s what we do under the previous question and a member of the leagues to defeat the previous question an open process. We let you spread it opposition rose to a parliamentary inquiry, so that I can offer an amendment to around—add where you want to add; asking who was entitled to recognition. the rule to provide that, immediately cut where you want to cut; spread that Speaker Joseph G. Cannon (R–Illinois) said: after the House adopts this is rule, it around. Can we do that? Can we do that ‘‘The previous question having been refused, will bring up H.R. 11, the Build Amer- as a very first step towards getting our the gentleman from New York, Mr. Fitz- ica Bonds to Create Jobs Now Act. fiscal house in order? Not only can we gerald, who had asked the gentleman to Unlike the irresponsible bill the Re- yield to him for an amendment, is entitled to do it, Mr. Speaker, we must do it. the first recognition.’’ publicans want to bring up, which will I’m grateful to the leadership for al- Because the vote today may look bad for cut jobs, threaten American innova- lowing us to do it. I urge a strong the Republican majority they will say ‘‘the tion, and slash initiatives that create ‘‘yes’’ vote on the rule. vote on the previous question is simply a economic growth, this bill will spur job The text of the material previously vote on whether to proceed to an immediate creation here at home by extending referred to by Mr. MCGOVERN is as fol- vote on adopting the resolution . . . [and] through 2012 the successful Build lows: has no substantive legislative or policy implications whatsoever.’’ But that is not what America Bonds to help State and local AN AMENDMENT TO H. RES. 92 OFFERED BY governments finance the rebuilding of they have always said. Listen to the Repub- MR. MCGOVERN OF MASSACHUSETTS lican Leadership Manual on the Legislative American schools and hospitals, water At the end of the resolution, add the fol- Process in the United States House of Rep- systems and transit projects at signifi- lowing new sections: resentatives, (6th edition, page 135). Here’s cantly lower costs. SEC. 4. Immediately upon adoption of this how the Republicans describe the previous It has been calculated that every $1 resolution the Speaker shall, pursuant to question vote in their own manual: ‘‘Al- billion in Federal funds invested in in- clause 2(b) of rule XVIII, declare the House though it is generally not possible to amend frastructure creates or sustains ap- resolved into the Committee of the Whole the rule because the majority Member con- proximately 35,000 jobs and $6.2 billion House on the state of the Union for consider- trolling the time will not yield for the pur- in economic activity. ation of the bill (H.R. 11) to amend the Inter- pose of offering an amendment, the same re- Build America Bonds are broadly nal Revenue Code of 1986 to extend the Build sult may be achieved by voting down the pre- America Bonds program. The first reading of vious question on the rule . . . When the mo- supported by American business, the the bill shall be dispensed with. All points of tion for the previous question is defeated, construction industry, and President order against consideration of the bill are control of the time passes to the Member Obama, as well as State and local gov- waived. General debate shall be confined to who led the opposition to ordering the pre- ernments. And at a time of fiscal re- the bill and shall not exceed one hour equal- vious question. That Member, because he

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H815 then controls the time, may offer an amend- ignate if, in their opinion, the public interest Biggert Guthrie Paulsen ment to the rule, or yield for the purpose of shall warrant it. Bilbray Hall Pearce amendment.’’ Bilirakis Hanna Pence In Deschler’s Procedure in the U.S. House b 1330 Bishop (UT) Harper Petri Black Harris Pitts of Representatives, the subchapter titled The SPEAKER pro tempore. The Blackburn Hartzler Platts ‘‘Amending Special Rules’’ states: ‘‘a refusal question is on the concurrent resolu- Bonner Hastings (WA) Poe (TX) to order the previous question on such a rule tion. Bono Mack Hayworth Pompeo [a special rule reported from the Committee Boustany Heck Posey on Rules] opens the resolution to amend- The question was taken; and the Brady (TX) Heller Price (GA) ment and further debate.’’ (Chapter 21, sec- Speaker pro tempore announced that Brooks Hensarling Quayle tion 21.2) Section 21.3 continues: ‘‘Upon re- the noes appeared to have it. Broun (GA) Herger Reed Buchanan Herrera Beutler jection of the motion for the previous ques- Mr. WOODALL. Mr. Speaker, I object Rehberg Bucshon Huelskamp Reichert tion on a resolution reported from the Com- to the vote on the ground that a Buerkle Huizenga (MI) Renacci mittee on Rules, control shifts to the Mem- quorum is not present and make the Burgess Hultgren Ribble ber leading the opposition to the previous Burton (IN) Hunter Rigell point of order that a quorum is not Calvert Hurt question, who may offer a proper amendment present. Rivera or motion and who controls the time for de- Camp Issa Roby bate thereon.’’ The SPEAKER pro tempore. Pursu- Campbell Jenkins Roe (TN) ant to clause 8 of rule XX, further pro- Canseco Johnson (IL) Rogers (AL) Clearly, the vote on the previous question Cantor Johnson (OH) on a rule does have substantive policy impli- ceedings on this question are post- Rogers (KY) Capito Johnson, Sam Rogers (MI) cations. It is one of the only available tools poned. Carter Jones Rohrabacher for those who oppose the Republican major- The point of no quorum is considered Cassidy Jordan Rokita ity’s agenda and allows those with alter- withdrawn. Chabot Kelly Rooney native views the opportunity to offer an al- Chaffetz King (IA) Ros-Lehtinen ternative plan. f Coble King (NY) Roskam Coffman (CO) Kingston Mr. WOODALL. I yield back the bal- Ross (FL) ANNOUNCEMENT BY THE SPEAKER Cole Kinzinger (IL) Royce Conaway Kline ance of my time, and I move the pre- Runyan PRO TEMPORE Cravaack Labrador vious question on the resolution. Ryan (WI) Crawford Lamborn The SPEAKER pro tempore. Pursu- Scalise The SPEAKER pro tempore. The Crenshaw Lance Schilling question is on ordering the previous ant to clause 8 of rule XX, proceedings Davis (KY) Landry Schmidt will resume on questions previously Denham Lankford question. Schock Dent Latham The question was taken; and the postponed. Schweikert DesJarlais LaTourette Votes will be taken in the following Scott (SC) Speaker pro tempore announced that Diaz-Balart Latta Scott, Austin the noes appeared to have it. order: ordering the previous question Dold Lewis (CA) Sensenbrenner on House Resolution 92; adopting Dreier LoBiondo Mr. WOODALL. Mr. Speaker, on that Sessions I demand the yeas and nays. House Resolution 92; and adopting Duffy Long Duncan (SC) Lucas Shimkus The yeas and nays were ordered. House Concurrent Resolution 17. Duncan (TN) Luetkemeyer Shuler The SPEAKER pro tempore. Pursu- The first electronic vote will be con- Ellmers Lummis Shuster ducted as a 15-minute vote. Remaining Emerson Lungren, Daniel Simpson ant to clause 8 of rule XX, further pro- Smith (NE) ceedings on this question will be post- electronic votes will be conducted as 5- Farenthold E. Fincher Mack Smith (NJ) poned. minute votes. Fitzpatrick Manzullo Smith (TX) Southerland f f Flake Marchant Fleischmann Marino Stearns Stivers PROVIDING FOR AN ADJOURN- PROVIDING FOR CONSIDERATION Fleming McCarthy (CA) MENT OR RECESS OF THE TWO Flores McCaul Stutzman OF H.R. 1, FULL-YEAR CON- Forbes McClintock Sullivan HOUSES TINUING APPROPRIATIONS ACT, Fortenberry McCotter Terry Mr. WOODALL. Mr. Speaker, I send 2011, AND WAIVING REQUIRE- Foxx McHenry Thompson (PA) Franks (AZ) McKeon Thornberry to the desk a privileged concurrent res- MENT OF CLAUSE 6(a) OF RULE Frelinghuysen McKinley Tiberi olution and ask for its immediate con- XIII WITH RESPECT TO CONSID- Gallegly McMorris Tipton sideration. ERATION OF CERTAIN RESOLU- Gardner Rodgers Turner The Clerk read the concurrent reso- TIONS Garrett Meehan Upton Gerlach Mica Walberg lution, as follows: The SPEAKER pro tempore. The un- Gibbs Miller (FL) Walden H. CON. RES. 17 finished business is the vote on order- Gibson Miller (MI) Walsh (IL) Webster Resolved by the House of Representatives (the Gingrey (GA) Miller, Gary ing the previous question on the reso- Gohmert Mulvaney West Senate concurring), That when the House ad- lution (H. Res. 92) providing for consid- Goodlatte Murphy (PA) Westmoreland journs on the legislative day of Thursday, eration of the bill (H.R. 1) making ap- Gosar Myrick Whitfield February 17, 2011, Friday, February 18, 2011, Gowdy Neugebauer Wilson (SC) or Saturday, February 19, 2011, on a motion propriations for the Department of De- Granger Noem Wittman offered pursuant to this concurrent resolu- fense and the other departments and Graves (GA) Nugent Wolf tion by its Majority Leader or his designee, agencies of the Government for the fis- Graves (MO) Nunes Womack it stand adjourned until 2 p.m. on Monday, cal year ending September 30, 2011, and Griffin (AR) Nunnelee Woodall Griffith (VA) Olson Yoder February 28, 2011, or until the time of any re- for other purposes, and waiving a re- Grimm Palazzo Young (AK) assembly pursuant to section 2 of this con- quirement of clause 6(a) of rule XIII Guinta Paul Young (IN) current resolution, whichever occurs first; with respect to consideration of certain NAYS—179 and that when the Senate recesses or ad- resolutions reported from the Com- journs on any day from Thursday, February Ackerman Carson (IN) Davis (IL) 17, 2011, through Friday, February 25, 2011, on mittee on Rules, on which the yeas and Andrews Castor (FL) DeFazio a motion offered pursuant to this concurrent nays were ordered. Baca Chandler DeGette resolution by its Majority Leader or his des- The Clerk read the title of the resolu- Baldwin Chu DeLauro Barrow Cicilline Deutch ignee, it stand recessed or adjourned until tion. Bass (CA) Clarke (MI) Dicks noon on Monday, February 28, 2011, or such The SPEAKER pro tempore. The Becerra Clarke (NY) Dingell other time on that day as may be specified in question is on ordering the previous Berman Cleaver Doggett the motion to recess or adjourn, or until the question. Bishop (GA) Clyburn Donnelly (IN) Bishop (NY) Cohen Doyle time of any reassembly pursuant to section 2 The vote was taken by electronic de- of this concurrent resolution, whichever oc- Blumenauer Connolly (VA) Edwards curs first. vice, and there were—yeas 240, nays Boren Conyers Ellison 179, not voting 14, as follows: Boswell Cooper Engel SEC. 2. The Speaker of the House and the Brady (PA) Costa Eshoo Majority Leader of the Senate, or their re- [Roll No. 38] Braley (IA) Costello Farr spective designees, acting jointly after con- YEAS—240 Brown (FL) Courtney Fattah sultation with the Minority Leader of the Butterfield Critz Filner Adams Amash Bartlett Capps Crowley Frank (MA) House and the Minority Leader of the Sen- Aderholt Austria Barton (TX) Capuano Cuellar Fudge ate, shall notify the Members of the House Akin Bachmann Bass (NH) Cardoza Cummings Garamendi and the Senate, respectively, to reassemble Alexander Bachus Benishek Carney Davis (CA) Gonzalez at such place and time as they may des- Altmire Barletta Berg

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H816 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Green, Al Markey Ruppersberger We have never had an open process Mulvaney Rivera Smith (TX) Green, Gene Matheson Ryan (OH) for a continuing resolution in our his- Murphy (PA) Roby Southerland Grijalva Matsui Sa´ nchez, Linda Myrick Roe (TN) Stearns Gutierrez McCarthy (NY) T. tory; so we are into some uncharted Neugebauer Rogers (AL) Stivers Hanabusa McCollum Sanchez, Loretta waters. I am ready to expect whatever. Noem Rogers (KY) Stutzman Harman McDermott Sarbanes But I do believe that this process is im- Nugent Rogers (MI) Sullivan Hastings (FL) McGovern Nunes Rohrabacher Schakowsky portant for all the Members, and I Terry Heinrich McIntyre Schiff Nunnelee Rokita Thompson (PA) Higgins McNerney Olson Rooney Schrader want this week for all of us to get Thornberry Himes Meeks Owens Ros-Lehtinen Schwartz started down this road working to- Tiberi Hinchey Michaud Scott (VA) Palazzo Roskam Hinojosa Miller (NC) gether so that, as we get into the Paul Ross (AR) Tipton Serrano Turner Hirono Miller, George Sewell weeks and months ahead, we can show Paulsen Ross (FL) Holden Moore the American people that the House Pearce Royce Upton Sherman Walberg Holt Moran Sires Pence Runyan can work together, the House can work Walden Honda Murphy (CT) Slaughter Perlmutter Ryan (WI) Inslee Napolitano its will. And, at the end of the day, I Walsh (IL) Smith (WA) Petri Scalise Israel Neal Pitts Schilling Webster Speier think the American people will be bet- Jackson (IL) Olver Platts Schmidt West Stark ter served by our service. Jackson Lee Owens Poe (TX) Schock Westmoreland Sutton (TX) Pallone ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Pompeo Schweikert Whitfield Thompson (CA) Johnson (GA) Pascrell Posey Scott (SC) Thompson (MS) The SPEAKER pro tempore. Without Wilson (SC) Johnson, E. B. Pastor (AZ) Price (GA) Scott, Austin Tonko objection, 5-minute voting will con- Wittman Kaptur Payne Quayle Sensenbrenner Wolf Keating Pelosi Towns tinue. Reed Sessions Tsongas Womack Kildee Perlmutter There was no objection. Rehberg Shimkus Woodall Kind Peters Van Hollen Reichert The SPEAKER pro tempore. The Shuster Yoder Kissell Peterson Vela´ zquez Renacci Simpson Young (AK) Kucinich Pingree (ME) Visclosky question is on the resolution. Ribble Smith (NE) Young (IN) Langevin Polis Walz (MN) The question was taken; and the Rigell Smith (NJ) Larsen (WA) Price (NC) Wasserman Schultz Speaker pro tempore announced that NAYS—174 Larson (CT) Quigley the ayes appeared to have it. Lee (CA) Rahall Waters Ackerman Fudge Pallone Levin Rangel Waxman Mr. MCGOVERN. Mr. Speaker, on Andrews Garamendi Pascrell Lipinski Reyes Weiner that I demand the yeas and nays. Baca Gonzalez Pastor (AZ) Loebsack Richardson Welch The yeas and nays were ordered. Baldwin Green, Al Payne Lofgren, Zoe Richmond Wilson (FL) Barrow Green, Gene Pelosi Luja´ n Ross (AR) Woolsey The SPEAKER pro tempore. This is a Bass (CA) Grijalva Peters Lynch Rothman (NJ) Wu 5-minute vote. Becerra Gutierrez Peterson Maloney Roybal-Allard Yarmuth The vote was taken by electronic de- Berman Hanabusa Pingree (ME) Bishop (GA) Harman Polis NOT VOTING—14 vice, and there were—yeas 242, nays Bishop (NY) Hastings (FL) Price (NC) Berkley Hoyer Scott, David 174, answered ‘‘present’’ 2, not voting Blumenauer Heinrich Quigley Carnahan Lewis (GA) Tierney 15, as follows: Boswell Higgins Rahall Clay Lowey Watt Brady (PA) Himes Rangel [Roll No. 39] Culberson Nadler Young (FL) Braley (IA) Hinchey Reyes Giffords Rush YEAS—242 Brown (FL) Hinojosa Richardson Butterfield Hirono Richmond Adams Diaz-Balart Huizenga (MI) b 1355 Capps Holden Rothman (NJ) Aderholt Dold Hultgren Capuano Holt Roybal-Allard Alexander Dreier Hunter Mr. KUCINICH, Ms. WASSERMAN Cardoza Honda Ruppersberger Altmire Duffy Hurt SCHULTZ, Mr. RUPPERSBERGER, Carney Inslee Ryan (OH) Amash Duncan (SC) Issa Carson (IN) Israel Sa´ nchez, Linda and Mr. ACKERMAN changed their Austria Duncan (TN) Jenkins Castor (FL) Jackson (IL) T. vote from ‘‘yea’’ to ‘‘nay.’’ Bachus Ellmers Johnson (IL) Chandler Jackson Lee Sanchez, Loretta Barletta Emerson Johnson (OH) Messrs. PEARCE and YOUNG of Chu (TX) Sarbanes Bartlett Farenthold Johnson, Sam Alaska changed their vote from ‘‘nay’’ Cicilline Johnson (GA) Schakowsky Barton (TX) Fincher Jones Clarke (MI) Johnson, E. B. Schiff to ‘‘yea.’’ Bass (NH) Fitzpatrick Jordan Clarke (NY) Kaptur Schrader Benishek Flake Kelly So the previous question was ordered. Cleaver Keating Schwartz Berg Fleischmann King (NY) The result of the vote was announced Clyburn Kildee Scott (VA) Biggert Fleming Kingston Cohen Kind Scott, David as above recorded. Bilbray Flores Kinzinger (IL) Connolly (VA) Kucinich Serrano (By unanimous consent, Mr. BOEHNER Bilirakis Forbes Kissell Conyers Langevin Sewell Bishop (UT) Fortenberry Kline was allowed to speak out of order.) Cooper Larsen (WA) Sherman Black Foxx Labrador Costa Larson (CT) Shuler THE HOUSE WORKS BEST WHEN THE HOUSE IS Blackburn Franks (AZ) Lamborn Costello Lee (CA) Sires ALLOWED TO WORK ITS WILL Bonner Frelinghuysen Lance Courtney Levin Slaughter Bono Mack Gallegly Lankford Mr. BOEHNER. My colleagues, I Critz Lipinski Smith (WA) Boren Gardner Latham think a lot of you know that I have al- Crowley Loebsack Speier Boustany Garrett LaTourette Cuellar Lofgren, Zoe Stark ways believed that the House works Brady (TX) Gerlach Latta Cummings Lowey Sutton Brooks Gibbs Lewis (CA) best when the House is allowed to work Davis (CA) Luja´ n Thompson (CA) Broun (GA) Gibson LoBiondo its will. Davis (IL) Lynch Thompson (MS) Buchanan Gingrey (GA) Long DeFazio Maloney Tonko I think all of you know that we are Bucshon Gohmert Lucas DeGette Markey Towns embarking on a more open process in Buerkle Goodlatte Luetkemeyer DeLauro Matsui Tsongas Burgess Gosar Lummis this Congress, and it will start today Deutch McCarthy (NY) Van Hollen Burton (IN) Gowdy Lungren, Daniel with the consideration of this con- Dicks McCollum Vela´ zquez Calvert Granger E. Dingell McDermott Visclosky tinuing resolution. Camp Graves (GA) Mack Doggett McGovern Walz (MN) Campbell Graves (MO) Manzullo I take to the well to suggest to the Donnelly (IN) McIntyre Wasserman Canseco Griffin (AR) Marchant Members that we want all Members to Doyle McNerney Schultz Cantor Griffith (VA) Marino Edwards Meeks Waters be able to participate in the debate Capito Grimm Matheson Ellison Miller (NC) Waxman here in the House. We also want to Carter Guinta McCarthy (CA) Engel Miller, George Weiner Cassidy Guthrie McCaul keep our commitment to the Members Eshoo Moore Welch Chabot Hall McClintock to meet the schedule that we have out- Farr Moran Wilson (FL) Chaffetz Hanna McCotter Fattah Murphy (CT) Woolsey lined for everyone. That means, as we Coble Harper McHenry Filner Neal Wu Coffman (CO) Harris McKeon go through the next couple of days, I Frank (MA) Olver Yarmuth am going to ask Members on both sides Cole Hartzler McKinley Conaway Hastings (WA) McMorris ANSWERED ‘‘PRESENT’’—2 of the aisle to try to bring your amend- Cravaack Hayworth Rodgers Bachmann King (IA) ments together, to try to respect the Crawford Heck Meehan amount of time that is being taken so Crenshaw Heller Mica NOT VOTING—15 that all Members have an opportunity Davis (KY) Hensarling Michaud Denham Herger Miller (FL) Akin Clay Hoyer to be heard and to participate in the Dent Herrera Beutler Miller (MI) Berkley Culberson Landry debate. DesJarlais Huelskamp Miller, Gary Carnahan Giffords Lewis (GA)

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H817 Nadler Rush Watt Garrett LoBiondo Roe (TN) Pelosi Sa´ nchez, Linda Thompson (CA) Napolitano Tierney Young (FL) Gerlach Long Rogers (AL) Perlmutter T. Thompson (MS) Gibbs Lucas Rogers (KY) Peters Sanchez, Loretta Tonko ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gibson Luetkemeyer Rogers (MI) Peterson Sarbanes Towns The SPEAKER pro tempore (during Gingrey (GA) Lummis Rohrabacher Pingree (ME) Schakowsky Tsongas the vote). There are 2 minutes remain- Gohmert Lungren, Daniel Rokita Polis Schiff Van Hollen Price (NC) Schrader ing in this vote. Goodlatte E. Rooney Vela´ zquez Gosar Mack Roskam Quigley Schwartz Visclosky Rahall Scott (VA) Gowdy Manzullo Ross (FL) Walz (MN) b 1406 Granger Marchant Rangel Scott, David Royce Wasserman Graves (GA) Marino Reyes Serrano Runyan Schultz So the resolution was agreed to. Graves (MO) Matheson Richardson Sherman Ryan (WI) Waters The result of the vote was announced Griffin (AR) McCarthy (CA) Scalise Richmond Sires as above recorded. Griffith (VA) McCaul Ross (AR) Slaughter Weiner Schilling Welch A motion to reconsider was laid on Grimm McClintock Schmidt Rothman (NJ) Smith (WA) Roybal-Allard Speier Wilson (FL) Guinta McCotter Schock the table. Ruppersberger Stark Woolsey Guthrie McHenry Schweikert Hall McKeon Rush Sutton Wu Mr. LANDRY. Mr. Speaker, earlier today I Scott (SC) Hanna McKinley Ryan (OH) Terry Yarmuth was unavoidably detained during rollcall vote Scott, Austin Harper McMorris Sensenbrenner No. 39, the vote on H. Res. 92, providing for Harris Rodgers NOT VOTING—14 Sessions consideration of the bill (H.R. 1) making ap- Hartzler Meehan Berkley Hoyer Sewell Shimkus Hastings (WA) Mica Carnahan Lewis (GA) propriations for the Department of Defense Shuler Tierney Hayworth Miller (FL) Clay Nadler and the other departments and agencies of Shuster Watt Heck Miller (MI) Giffords Rehberg Simpson Waxman the Government for the fiscal year ending Heinrich Miller, Gary Honda Ros-Lehtinen September 30, 2011, and for other purposes, Heller Mulvaney Smith (NE) Smith (NJ) and waiving a requirement of clause 6(a) of Hensarling Murphy (PA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Herger Myrick Smith (TX) rule XIII with respect to consideration of cer- Southerland The SPEAKER pro tempore (during Herrera Beutler Neugebauer the vote). Two minutes remain in this tain resolutions reported from the Committee Huelskamp Noem Stearns Huizenga (MI) Nugent Stivers vote. on Rules. Had I been present for this vote, I Stutzman would have voted ‘‘aye.’’ Hultgren Nunes Hunter Nunnelee Sullivan b 1413 Thompson (PA) f Hurt Olson So the concurrent resolution was Issa Palazzo Thornberry Tiberi agreed to. PROVIDING FOR AN ADJOURN- Jenkins Pascrell Johnson (IL) Paul Tipton The result of the vote was announced MENT OR RECESS OF THE TWO Johnson (OH) Paulsen Turner as above recorded. Upton HOUSES Johnson, Sam Pearce A motion to reconsider was laid on Jones Pence Walberg The SPEAKER pro tempore. The un- Jordan Petri Walden the table. Walsh (IL) finished business is the question on Kelly Pitts f adoption of the concurrent resolution King (IA) Platts Webster King (NY) Poe (TX) West GENERAL LEAVE (H. Con. Res. 17) providing for an ad- Kingston Pompeo Westmoreland journment or recess of the two Houses, Kinzinger (IL) Posey Whitfield Mr. ROGERS of Kentucky. Mr. which the Chair will put de novo. Kline Price (GA) Wilson (SC) Speaker, I ask unanimous consent that The Clerk read the title of the con- Labrador Quayle Wittman Lamborn Reed Wolf all Members have 5 legislative days current resolution. Lance Reichert Womack within which to revise and extend their The SPEAKER pro tempore. The Landry Renacci Woodall remarks on H.R. 1 and insert extra- question is on the concurrent resolu- Lankford Ribble Yoder neous material thereon. Latham Rigell Young (AK) tion. LaTourette Rivera Young (FL) The SPEAKER pro tempore. Is there The question was taken; and the Latta Roby Young (IN) objection to the request of the gen- Speaker pro tempore announced that tleman from Kentucky? the ayes appeared to have it. NOES—176 There was no objection. RECORDED VOTE Ackerman Davis (IL) Kaptur f Andrews DeFazio Keating Mr. WOODALL. Mr. Speaker, I de- Baca DeGette Kildee FULL-YEAR CONTINUING mand a recorded vote. Bachmann DeLauro Kind APPROPRIATIONS ACT, 2011 A recorded vote was ordered. Baldwin Deutch Kissell Barrow Dicks Kucinich The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. This is a Bass (CA) Dingell Langevin 5-minute vote. Becerra Doggett Larsen (WA) ant to House Resolution 92 and rule The vote was taken by electronic de- Berman Donnelly (IN) Larson (CT) XVIII, the Chair declares the House in vice, and there were—ayes 243, noes 176, Bishop (GA) Doyle Lee (CA) the Committee of the Whole House on Bishop (NY) Edwards Levin not voting 14, as follows: Boren Ellison Lewis (CA) the state of the Union for the consider- [Roll No. 40] Boswell Engel Lipinski ation of the bill, H.R. 1. Brady (PA) Eshoo Loebsack AYES—243 Braley (IA) Farr Lofgren, Zoe b 1414 Adams Broun (GA) Denham Brown (FL) Filner Lowey IN THE COMMITTEE OF THE WHOLE Aderholt Buchanan Dent Butterfield Frank (MA) Luja´ n Akin Bucshon DesJarlais Capps Fudge Lynch Accordingly, the House resolved Alexander Buerkle Diaz-Balart Capuano Garamendi Maloney itself into the Committee of the Whole Altmire Burgess Dold Cardoza Gonzalez Markey House on the state of the Union for the Amash Burton (IN) Dreier Carney Green, Al Matsui Austria Calvert Duffy Carson (IN) Green, Gene McCarthy (NY) consideration of the bill (H.R. 1) mak- Bachus Camp Duncan (SC) Castor (FL) Grijalva McCollum ing appropriations for the Department Barletta Campbell Duncan (TN) Chandler Gutierrez McDermott of Defense and other departments and Bartlett Canseco Ellmers Chu Hanabusa McGovern Barton (TX) Cantor Emerson Cicilline Harman McIntyre agencies of the Government for the fis- Bass (NH) Capito Farenthold Clarke (MI) Hastings (FL) McNerney cal year ending September 30, 2011, and Benishek Carter Fattah Clarke (NY) Higgins Meeks for other purposes, with Mr. LUCAS in Berg Cassidy Fincher Cleaver Himes Michaud the chair. Biggert Chabot Fitzpatrick Clyburn Hinchey Miller (NC) Bilbray Chaffetz Flake Cohen Hinojosa Miller, George The Clerk read the title of the bill. Bilirakis Coble Fleischmann Connolly (VA) Hirono Moore The CHAIR. Pursuant to the rule, the Bishop (UT) Coffman (CO) Fleming Conyers Holden Moran bill is considered read the first time. Black Cole Flores Cooper Holt Murphy (CT) Blackburn Conaway Forbes Costa Inslee Napolitano The gentleman from Kentucky (Mr. Blumenauer Cravaack Fortenberry Costello Israel Neal ROGERS) and the gentleman from Wash- Bonner Crawford Foxx Courtney Jackson (IL) Olver ington (Mr. DICKS) each will control 30 Bono Mack Crenshaw Franks (AZ) Crowley Jackson Lee Owens minutes. Boustany Critz Frelinghuysen Cuellar (TX) Pallone Brady (TX) Culberson Gallegly Cummings Johnson (GA) Pastor (AZ) The Chair recognizes the gentleman Brooks Davis (KY) Gardner Davis (CA) Johnson, E. B. Payne from Kentucky.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H818 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Mr. ROGERS of Kentucky. Mr. Chair- stimulus funding approved in the too much pressure on the ongoing re- man, I yield myself such time as I may American Recovery and Reinvestment covery.’’ consume. Act, another $5 billion of taxpayer dol- As the Democratic leader just said, The continuing resolution on the lars saved. there is a recent analysis done by the floor today represents the largest re- As we help put our Nation’s budget Economic Policy Institute that says a duction in non-security discretionary back into balance, we are finding real full $100 billion cut to discretionary spending in the history of the Nation. savings that are justifiable to the spending would likely result in job It funds the Federal Government for American people and that will stop the losses on the order of 994,000, using the remainder of the 2011 fiscal year, dangerous spiral of unsustainable and OMB’s GDP projections and CBO pro- but, most importantly, Mr. Chairman, irresponsible deficits. jections based on current law, and as- it answers taxpayers’ callings to right In addition, this CR is only the first suming a fiscal multiplier of 1.5 per- our Nation’s fiscal ship, making spe- of many appropriations bills this year cent. cific, substantive and comprehensive that will significantly trim Federal So this is a very serious matter. We spending reductions, cutting more than spending. It is hard-and-fast proof that Democrats support dealing with waste, $100 billion, compared with the Presi- we are serious about returning our Na- fraud, and abuse. We want to see a pro- dent’s fiscal 2011 budget request. tion to a sustainable financial and fis- gram. I personally support President This CR reverses a trend of out-of- cal path. Obama’s 5-year freeze on domestic control Democrat spending over the spending, with puts and takes, because b 1420 last 2 years that has increased overall it doesn’t cut as much in the first year. discretionary funding, including stim- However, so that we can continue the This is all about timing. And I recog- ulus, by 84 percent in 2 years. Never be- important work of reducing spending nize that my colleagues over on this fore has Congress undertaken a task of in our regular budgetary work for this side of the aisle believe and think that this magnitude, but never before have year, the House, Senate, and White what they’re doing is going to have a we been faced with a deficit crisis of House must come together to complete positive economic effect and that this this scale. The government is bor- this process before March 4, when our will somehow create economic activity rowing over 40 cents of every dollar current funding measure expires. It is and lower the deficit, lower unemploy- that it spends. critically important that the House ment. I hope and pray they’re right, be- Our constituents sent us a clear, de- move this CR to avoid a government cause if what I think and most econo- cisive message in the last election. shutdown and get these spending cuts mists—reputable economists—think is They want government to spend less, passed by the House, over to the Sen- true, this will have a negative effect stop undue interference in American ate, and let them act their will to and hurt the economy and hurt the lives and businesses, and take action to avoid a shutdown, and then get the bill people that are out there who are un- create jobs and get our economy mov- to the President. The American people employed. ing again. Through the Republican expect no less. So I think we need to think about Pledge to America, we made the com- I reserve the balance of my time. this very, very carefully. And cuts of mitment to do just that, and today we Mr. DICKS. Mr. Chairman, I yield this magnitude, as the chairman said, offer the first step in fulfilling these myself 5 minutes. have never been done before. We are in promises by presenting a spending Mr. Chairman, it is clear that a debt uncharted waters. We all recognize package to the American people that crisis is looming. There is no denying that we have to have a plan for the def- makes deep but manageable cuts in that we need a comprehensive plan to icit. But the plan has to include enti- nearly every area of the government. reduce the debt over the long term. tlements, has to include taxes. Discre- This bill is about shared commit- What the majority offers instead in tionary spending is one-third of the ments and shared sacrifice. Make no this bill is a one-dimensional focus on budget. You could cut and cut and cut, mistake: These cuts will not be easy, the smallest segment of spending in and you’re still not going to solve the and they will affect every congres- the Federal budget. We believe that at problem. sional district. But they are necessary this time we should be putting every- So, hopefully, we can do what we did and long overdue. Although we recog- thing on the table: discretionary spend- in the 1980s with Tip O’Neill and Bob nize that every dollar we cut has a con- ing, entitlements, and taxes. Without a Dole, and that is have a bipartisan ap- stituency of support, an association, an more comprehensive approach to this proach, like they’re doing in the Sen- industry, individual citizens who will debt crisis, we cannot effectively ate today, where Democrats and Re- disagree with our decision, these cuts change the trajectory and begin to publicans get together and work on all are the necessary difficult work by our bring our public debt downward. With- of these issues and come up with a subcommittees to make the smartest out a more comprehensive budgetary credible plan. That is the way to do and fairest reductions possible. approach, what we would be offering to this. No stones were left unturned, no pro- the American people would be what And I see my good friend, Mr. YOUNG grams were held sacred. The Appropria- Alan Simpson has called ‘‘a sparrow’s from Florida. I just want to say that I tions Committee went line by line to belch in the midst of a typhoon.’’ have enjoyed working with him for craft a responsible, judicious CR, one As we address the debt crisis, it is over 30 years, and I strongly support that will allow our economy to thrive, fundamental that we should first do no the defense part of this bill. The de- our businesses to create jobs and our harm to the fragile economic recovery. fense part of this bill has been worked national security to be strengthened. Here I am just echoing what many oth- out on a bipartisan basis by the De- Our subcommittees scoured the budget ers have said. As the bipartisan Fiscal fense Subcommittee. It does make re- for wasteful activities and cleaned out Commission put it, ‘‘In order to avoid ductions in spending but it does it in a excessive and unnecessary spending, shocking the fragile economy, the very careful and professional way. And while prioritizing the most essential Commission recommends waiting until I want to commend the gentleman and effective programs, including $460 2012 to begin enacting programmatic from Florida for his leadership over the million for accelerating the process spending cuts, and waiting until fiscal years on national security issues. through which veterans resolve their year 2013 before making large nominal I reserve the balance of my time. health care claims and an additional cuts.’’ Mr. ROGERS of Kentucky. Mr. Chair- $13 million for increased oversight of Fed Chairman Ben Bernanke in his man, I yield 3 minutes to the chairman the Troubled Asset Relief Program, testimony last week to the House of the Republican Conference in the TARP. Budget Committee said, ‘‘To the extent House, the gentleman from Texas (Mr. The CR includes absolutely no ear- you can change programs that will HENSARLING). mark funding and eliminates all pre- have long-term effects on spending and Mr. HENSARLING. I thank the gen- vious earmark funding from fiscal year revenues, that will be a more effective tleman for yielding. 2010, saving taxpayers approximately and credible program than one that fo- Mr. Chairman, if we want to have $8.5 billion. Furthermore, it includes a cuses only on the current fiscal year. jobs today, if we want to protect our provision to eliminate any unobligated The right way to do this doesn’t put children from bankruptcy tomorrow,

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H819 we’ve got to quit spending money we Mr. MORAN. Mr. Chairman, I have cutting jobs. What we need to be doing don’t have. There is a debt crisis in been on the Appropriations Committee is investing in jobs, investing in edu- America, and it is spending driven, for 17 years. Eleven of them were under cation, and making sure that children being led by the President and other Republican control, eight under a Re- who have been born in particularly dif- friends from the other side of the aisle. publican President. And I’m proud of ficult social and economic conditions It is a true crisis. The Chairman of the the investments that we’ve made in have access to Head Start. Joint Chiefs of Staff, Admiral Mike this country during those 17 years. We Don’t cut $1 billion out of Head Mullen, has said the biggest threat we were stronger, more secure, a more Start. Don’t cut kindergarten through have to our national security is our productive economy as a result of 12 education, which is the seed corn of debt. One of these reputable econo- those investments. our future. Those aren’t investments. Those are arbitrary cuts. That’s not mists that the previous gentleman b 1430 spoke about, Robert Samuelson, has what we have been about, and that’s said this spending could trigger an eco- We’ve improved the lives of Ameri- not how we enable this country to be as nomic and political death spiral. Dem- cans. We’ve cleaned up our water. strong and as great as it is. ocrat Erskine Bowles, who headed up We’ve invested in transportation, our I would suggest, Mr. Chairman, that the President’s Fiscal Responsibility national defense, our education sys- when we do our budget analysis that it Commission, said the ‘‘debt is like a tem. That’s why we have the strongest be done with a scalpel, like a surgeon cancer. It’s truly going to destroy the economy and why, in fact, we continue would approach it, not with a meat ax. country from within.’’ And what do we to be the very best place on the planet We should respect all of the good work have, Mr. Chairman? We have the to live, to work, and to provide a better that the appropriations committees President presenting a new budget that future for our children. have done over the years in making will again double the national debt in 5 What we are doing in this continuing this a better country as a result. Mr. ROGERS of Kentucky. Mr. Chair- years, triple it in 10, add $13 trillion resolution is targeting those programs man, I yield 4 minutes to the imme- worth of red ink to the Nation’s debt. that are called ‘‘domestic discre- 1 diate past chairman of the committee, This is after expanding garden-variety tionary.’’ They represent about 4 ⁄2 per- the now chairman emeritus of the com- government 84 percent in 2 years, non- cent of the entire budget, and they mittee, the gentleman from California defense discretionary. Mr. Chairman, have stayed pretty well even. During (Mr. LEWIS). you can’t spend money you don’t have. the Reagan administration, during the Clinton administration, during the Mr. LEWIS of California. I very much Massive debts lead to massive tax in- appreciate my colleague, the chairman, creases. Massive tax increases lead to Bush administration, which was when we had the lowest job growth ever, for yielding. no jobs. Mr. Chairman, some of my colleagues they were at about 71⁄2 percent. The Chairman of the Federal Reserve say they are shocked at the spending has said one of the best ways that we The fact is we are not going to balance our budget by targeting that reductions we have proposed here. No can improve jobs today is to put our one should be surprised. For the past Nation on a sustainable fiscal course. small amount of the budget. The reality is that, when President Reagan several years, Congress and the admin- And I heard the gentleman say that en- istration have been spending like there titlement spending should be on the left office, tax receipts were about 18.2 percent. They went up a bit during the is no tomorrow. table. Clearly, the President hasn’t Since FY ’08, we have increased non- Clinton administration when we had gotten the message. It’s not what we security discretionary spending by al- the greatest expansion ever and when, saw in his budget. We haven’t seen it in most 25 percent. In some areas, it has in fact, people at the highest rate of in- any other Democrat budget. So it jumped by nearly a third in 2 years. would be wonderful if we saw it. But we come tax pocketed more money after Those were historic spending increases, don’t see it. taxes than at any time in American and they don’t even include the $800 I talk to business people in my own history. Right now, they are at 14.9 billion that was in the massive failed district, Mr. Chairman, like Diane Ford percent of GDP. stimulus package. That was such a of Kaufman, Texas, a small business I would suggest, Mr. Chairman, that huge amount of money that some agen- lady. When she stares in the face of the problem is not one of not investing cies still have not been able to spend it this debt and she sees the tax increase, enough in our country, but one of the 2 years later. she writes, ‘‘Congressman, I couldn’t revenue being brought in and its being Well, my colleagues, tomorrow is hire any more employees. I couldn’t ex- grossly inadequate. In a historical con- here. The bill is coming due; and if we pand my business. I would definitely text, we can prove that to be the case. do not find a way to stop spending, we have to close up shop. As a small busi- When revenue goes down that low, our are headed towards fiscal disaster. ness owner, I’m afraid of my future.’’ economy shrinks; and it becomes a This absolutely should surprise no Small business people all around the self-defeating cycle. one. Republicans on the Appropriations Nation know that massive debt leads Now, in the Interior and the Environ- Committee have been warning for 2 to massive tax increases. It leads to no ment appropriations bill, some of the years that we cannot continue spend- jobs. If we want to create jobs, we have things we do is take out the program ing this way. We tried to stop it, to at to take care of this debt. that uses offshore oil revenues for the least slow it down; but for the past 2 And think about future generations, Land and Water Conservation Fund, years we have not even been able to get Mr. Chairman. I heard from one of my which protects our Nation’s precious an amendment to change the direction other constituents who said, ‘‘I’ve lands. We are going to dramatically cut of our spendthrift ways. never felt so embarrassed and ashamed construction and maintenance at our So now we are faced with record defi- about anything I’ve done in my life as national parks, refuges and forests. We cits. The President’s budget predicts an I do about leaving this mess in the laps are going to take the money away from all-time high of $1.65 trillion in red ink of Tyler and Caitlin, my precious the Governors and mayors throughout next year. We have been warned that grandkids.’’ He’s talking about the na- the country for the plumbing that goes the Federal debt limit of $14 trillion tional debt. underneath our land, what’s called the must be increased. Within a decade, To protect future generations, to cre- Clean Water and Safe Drinking Water our Federal debt could equal more than ate jobs today, we’ve got to quit spend- Revolving Fund. That’s money they 70 percent of our GDP. ing money we don’t have. And I want desperately need to ensure the public’s Without question, this kind of spend- to congratulate the chairman of the health. We take it for granted. We ing is going to run our Federal budget Appropriations Committee for his ex- won’t take it for granted anymore if we off a cliff, and it will do more harm to cellent work in turning the corner. stop those grants. our economy than we’ve seen from the Mr. DICKS. Mr. Chairman, I yield 4 This bill will not create a single new current terrible recession. At least a minutes to the gentleman from Vir- job. In fact, we estimate it will cut third of our national debt is owned by ginia (Mr. MORAN), the ranking mem- about 800,000 jobs, both public and pri- foreign nations and investors. What ber of the Interior and Environment vate. That’s not worthy of this Con- will they do if we cannot begin to pay Appropriations Subcommittee. gress on either side of the aisle to be it down?

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H820 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Last year, we paid nearly $415 billion b 1440 time building government. Unfortu- in interest on our national debt. That They are hitting ordinary, hard- nately, many in Washington, D.C., es- is more than we spent on any discre- working families with children, our pecially on Capitol Hill, are in denial. tionary government program other young people trying to get an edu- My colleagues, it’s time to stop pre- than defense. That is hundreds of bil- cation, and the elderly. That is their tending that the well of wealth in this lions of dollars not being spent to cre- starting point. country is bottomless. We must ad- ate jobs, not being spent to fix our Under their budget every student in dress spending now, or it will be worse roads, not being spent to secure our America receiving a Pell Grant, close next year. Nation; and it will continue to grow at to 9 million people, will see their aid Two years ago, the Congress passed a an ever faster rate as long as we keep slashed by almost $850 a year; 1.3 mil- stimulus bill totaling nearly $1 trillion. running up these huge deficits. lion students will lose their supple- Unfortunately, now we know it did not The American people told us last No- mental education opportunity grants stimulate. And we know a lot of money vember that it is time to stop. They and, thus, the ability to pay for col- went for programs, not necessarily bad were alarmed enough to raise questions lege. Their plan cuts more than 200,000 programs, but programs that couldn’t all over the country. They, indeed, at kids out of Head Start, kids who will stimulate the economy. But the big- the polls indicated that we needed to forever lose the opportunity for an gest travesty of Washington’s stimulus find a new direction. They want fiscal early childhood education. They cut spending spree is not that it was a sanity. They want us to stop spending aid to school districts and special edu- waste of money; it’s that the money now before it is too late. The spending cation. They will cut 55,000 Head Start has been stolen in plain sight from our reductions in this package are ex- teachers and close down 16,000 Head children and grandchildren. That is tremely painful. The cuts will affect Start classrooms. what taxation without representation programs supported by every Member As with education, so too with jobs. looks like in the 21st century, and it of this House. When Americans begin In the midst of a recession and a tough means our Nation’s fiscal mess is not to understand what is being reduced, labor market, training and employ- just a math problem. It’s a moral prob- we will all be receiving calls from peo- ment services, proven-to-work pro- lem, and we owe it to our children to ple who are asking us to change our grams are cut now by $5 billion. That have much better leadership. minds. means 8.4 million job seekers, flesh and That’s why I stand before you with a We must resist these calls for more blood human beings, could lose access savings of $23 billion in the three De- spending. We cannot become Europe, to this aid completely. partments I have responsibility for. No where citizens believe that government In these tough economic times, it’s program is immune from waste. So can do everything. We cannot let the our low-income seniors who are the there are no more sacred cows. No law, United States become another Greece most vulnerable. This budget elimi- regulation, or program is perfect or or another Ireland or another Por- nates at least 10 million new meals de- timeless. If something is not working, tugal—faced with fiscal collapse. livered to the homebound elderly, cuts we will fix it or eliminate it. In my We have to make the decision now. fuel assistance for them as well. It will subcommittee, we want to help people, These cuts will seem harsh, but we can- force seniors to either go hungry or to help train people, to help educate not avoid them. We cannot settle for move into nursing homes and others to people; but we’ve learned repeatedly half measures in the hopes that in 5 or have to choose whether to eat or to that simply throwing more and more 10 years we will stop adding to this ter- stay warm. money at well-intentioned programs rible Federal debt. This is just the The challenge is not whether we ad- does not necessarily work. Those who want to spend money have down payment. We need to begin enti- dress the deficit and spending or not. the burden of proof; and with the debt tlement reform to really solve our fis- The question is where do we start to crisis we face, that burden is a heavy cal problems, but we must start now cut. Do we start with slashing ineffec- one. Those seeking funding have to and we must start here. tive programs and special interest prove that the programs are working. Mr. DICKS. Mr. Chairman, I yield 3 waste, like $40 billion in oil company Show us the results. Show us that the minutes to the gentlewoman from Con- subsidies? Or do we start cutting those that help the middle class, our busi- benefits outweigh the costs. Show us necticut, Congresswoman ROSA nesses, and working families with chil- that government can do a better job DELAURO, who is the new ranking with this money than the private sec- member on the Health and Human dren, and seniors? Our job is to get this budget back to tor. Services Appropriations Subcommittee common sense, to create jobs, to get This continuing resolution is a and who was the former chairman and this economy running again for the change in direction, away from looking ranking member on Agriculture. people of this Nation. This continuing to bigger government solutions to em- Ms. DELAURO. I rise in opposition to resolution offered by the Republicans powering individuals and small busi- this continuing resolution. will do neither. nesses to create jobs and grow this Mr. Chairman, Americans want us to Mr. ROGERS of Kentucky. I yield 3 economy. Anyone who relies on Fed- work together to address their top pri- minutes to the chairman of the Labor- eral funding has a patriotic duty to ority—creating jobs, fostering eco- HHS Subcommittee on Appropriations, look for ways to get by on less for the nomic recovery. Unfortunately, the the gentleman from Montana (Mr. sake of our country’s future today and majority’s priorities are deeply out of REHBERG). tomorrow. touch with those of the country. Mr. REHBERG. Thank you, Mr. ROG- Mr. DICKS. I yield 3 minutes to the Democrats are committed to reduc- ERS. distinguished former chairman and ing the deficit. We believe, as tax- Members of this body, I have an obli- now ranking member of the THUD Ap- payers do, that we should start by end- gation as chairman of the Appropria- propriations Subcommittee, the gen- ing tax subsidies and special interest tions Subcommittee on Labor, Health tleman from Massachusetts (Mr. waste. We should be slashing oil com- and Human Services, and Education to OLVER). panies’ subsidies first. We must make tell you the simple truth. We’re bleed- Mr. OLVER. I thank the gentleman programs accountable and end the ones ing cash, piling up liabilities, and try- for yielding time. that do not work. We can no longer af- ing to postpone the day of reckoning; Mr. Chairman, this continuing reso- ford to continue the tax breaks for the and as a result, America is in a finan- lution clearly endangers the fragile re- top 2 percent of the country. Repub- cial free-fall. covery of America’s economy. While I licans are in a reckless rush to slash In 4 quick years, Congress made what have the greatest respect for Chairman without regard to the impact on our was a spending problem into a spending LATHAM, he has been saddled with an economy, on the businesses which cre- crisis. We on this side of the aisle irrational task of cutting $15.5 billion, ate jobs or on middle class or working wanted to create jobs; you wasted time a 23 percent cut, from the ‘‘Transpor- families who are being responsible, on a health care reform bill that did tation and Housing’’ title of the resolu- doing the best for their families and not reform health care. While we want- tion. I cannot fathom how the new ma- educating for the future. ed to build an economy, you wasted jority, which proclaims to be all about

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H821 jobs, could as their first piece of busi- So any kind of characterization that impact on taxpayer services as we ap- ness impose deep cuts upon the very we’re putting vets out in the cold is ab- proach the busy tax season. The IRS programs that have the greatest poten- solutely untrue. You have your opin- will be forced to cut as many as 4,100 tial for creating jobs and that provide ion, but the facts speak for themselves. employees, mainly enforcement agents, the necessary foundation for a strong b 1450 and this will harm the ability of the economic recovery. IRS to find tax cheaters. It is impor- Now also we are not reducing any Specifically, the continuing resolu- tant to remember that if we reduce the such section 8 vouchers. They will re- tion cuts funding for the Community government’s ability to collect taxes, main. No one is going to be put out Development Block Grants program by this will actually increase our deficit, anywhere. We maintain those programs more than 60 percent to by far the low- since enforcement resources have a $7- for those folks, and to characterize it est level since the program was created to-$1 return on investment. in 1975 under a Republican President, in any way differently simply is not President Gerald Ford. As a result, factual. The Securities and Exchange Com- over 1,200 cities and towns across all 50 Mr. DICKS. I yield myself 1 minute. mission will see a $41 million reduction States will be forced to shelve local I would say to the gentleman, here is from last year, which will prevent it economic development projects in the problem: There are, I think, about from hiring the staff it needs to carry every one of our districts, and the asso- 29,000 of these vouchers out there now. out the critical new Dodd-Frank finan- ciated 45,000 jobs will be lost. And you are correct; some of them cial oversight functions that it has In addition, the bill proposes to cut haven’t been able to find a place to live been given. This will mean that hedge over $7 billion in transportation and in- yet. Secretary Shinseki, who I talked funds, credit rating agencies, and frastructure investments. This includes to personally about this, and Secretary broker-dealers will continue to operate reductions that force Amtrak to lay off Donovan have said there are 60,000 of without regulation, adding to an in- roughly 1,500 employees and will halt these veterans who need this voucher. creased risk of another fiscal melt- work on 76 TIGER grants already an- So there are 30,000 more that we need down. to do. I was shocked when I saw on the nounced in 40 States and cancel the as- As chair of this subcommittee, I also list of terminations that your side de- sociated 25,000 construction jobs. worked hard to make sure that capital Finally, as we consider the ongoing cided to terminate this program. I and other assistance went to small housing needs of our most vulnerable hoped you would reconsider that. businesses and low-income commu- citizens, this bill reduces by $760 mil- Mr. LATHAM. Will the gentleman nities. A key part of this was making lion, a 75 percent cut, programs serving yield? elderly and disabled persons, Mr. DICKS. I yield to the gentleman sure that the Community Development handcuffing our ability to keep up with from Iowa. Financial Institutions Fund had the re- the support required to meet the needs Mr. LATHAM. There are 11,000 vouch- sources it needed to support financial of our expanding and aging senior pop- ers sitting there unused today. There institutions making investments in ulation. are 19,000 that have been issued. The disadvantaged communities. Under the In addition, the $75 million cut to our gentleman knows that we are not cut- continuing resolution which we are Veterans Affairs Supportive Housing, ting those. There are 11,000 still avail- voting on today, the CDFI Fund will VASH, program is frankly appalling. able under this bill. And we are going get slashed from $246 million last year Just last week, HUD released a report to review this as we go through for the to just $50 million this year. This will indicating that more than 76,000 vet- next fiscal year, 2012. mean that more than 19,000 jobs will erans are homeless on any given night Mr. DICKS. That is what I was going non-materialize, more than 14,000 af- and that vets are 50 percent more like- to ask the gentleman. I would like to fordable housing units will not be ly to be homeless. Yet the majority’s work with him on this. So if that’s the built, and more than 3,100 small busi- bill turns its back on our homeless gentleman’s intent, then we will work nesses will not be assisted. vets, leaving them literally out in the together and try to get the job done. I am particularly distressed that the Mr. LATHAM. I appreciate that. I cold. majority party decided to meddle once thank the gentleman. Mr. Chairman, while I’m glad this again in the District of Columbia’s bill does not meet the Republican ma- Mr. DICKS. I now yield 3 minutes to local affairs. We should all be able to jority’s pledge to cut $100 billion in the gentleman from New York (Mr. agree that D.C. should be left alone to non-security spending, it will still have SERRANO), the former chairman and decide how to spend its own locally de- a dramatic negative impact on Amer- now the ranking member of the Finan- rived funds. One local program that the ican families, while making no more cial Services Committee. majority has decided to ban is the sy- than a ripple in the ocean of additional (Mr. SERRANO asked and was given national debt caused by the massive permission to revise and extend his re- ringe exchange program. The science tax cuts adopted during the Bush ad- marks.) on this is clear: Giving addicts clean ministration, at the very time that Mr. SERRANO. The continuing reso- needles does nothing to drive up drug America has engaged in two trillion- lution that we are voting on today is use, but it does do wonders to prevent dollar wars in the Islamic world. irresponsible and extreme. We all rec- the spread of HIV/AIDS. Even if you do Mr. ROGERS of Kentucky. Mr. Chair- ognize that we should take reasonable not believe the science, you should not man, I yield 1 minute to the chairman steps to address our deficit. However, meddle in the District of Columbia. of the Transportation and HUD Sub- what we are voting on today makes Another impact of the funding resolution we committee on Appropriations, the gen- cuts that will harm our students, our are voting on today will be a weakening of the tleman from Iowa (Mr. LATHAM). public safety, our health, and our envi- equitable and efficient administration of justice Mr. LATHAM. I thank the gentleman ronment. in the Federal courts. The $476 million cut to When I served as chair of the Finan- from Kentucky. the Judiciary will force the federal courts to lay Mr. Chairman, I would just maybe re- cial Services Subcommittee, I worked off more than 2,400 support staff and stop spond a little bit to what the gen- hard to make sure that we protected payments to the attorneys who represent indi- tleman from Massachusetts just said. the consumer, the investor, and the gent criminal defendants. The fact of the matter is there will not taxpayer. The agencies funded by this be a veteran, a homeless vet, that will subcommittee ensure that Americans There are numerous other cuts across the not get a voucher. The fact of the mat- can have confidence in the products range of Agencies that are included in the Fi- ter is there are 30,000 vouchers avail- that they use and the security of their nancial Service and General Government sec- able today. Only 19,000 of those have investments. The CR that we are con- tion—some that would severely impact jobs been used. There are 11,000 vouchers sidering today, with its cuts to the IRS and others that would negatively affect our waiting; and the problem basically is and the Securities and Exchange Com- election practices. For example, the General with the Department, with HUD and mission, fails to provide sufficient re- Services Administration (GSA) Federal Build- VA, as far as trying to write the rules sources to meet these challenges. ing Fund will see a cut of $1.7 billion from to actually get these people the vouch- IRS funding will be cut by $600 mil- FY2010, which will result in the elimination of ers they need. lion, and this will have an immediate nearly 16,000 private sector construction jobs

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H822 CONGRESSIONAL RECORD — HOUSE February 15, 2011 and as many as 40,000 janitorial and mainte- vital to our Nation’s security, and it Ms. GRANGER. For too long we have nance jobs. The Election Assistance Commis- will help them get back on track from seen unsustainable increases in spend- sion will see a huge budget drop from $93 mil- our Federal budget perspective. ing. This bill before us today puts an lion last year to $10 million this year, effec- Mr. DICKS. I yield 3 minutes to the end to that practice by making unprec- tively ending its work to help states improve gentleman from North Carolina (Mr. edented cuts to the Federal budget. As their election practices and equipment. PRICE), who has been the chairman and chair of the State, Foreign Operations So let me conclude by saying that the deficit now the ranking member of the Home- Subcommittee, I know the difficult cutting approach that we are voting on today land Security Subcommittee. tradeoffs that have to be made to will not only result in significant harm to Amer- Mr. PRICE of North Carolina. Mr. achieve these levels of cuts, but we ica’s consumers, investors, taxpayers, work- Chair, if there ever were a case of over- cannot continue to ignore our sky- ers, businesses in disadvantaged commu- heated campaign rhetoric overtaking rocketing deficits and our debt. nities, and the security of our elections, but it responsible governing, then we are see- In the bill before us, we are taking will also impact education, housing, transpor- ing that case here today. our pledge to cut spending seriously. tation, health, the environment and all facets Far from continuing to fund the gov- Since fiscal year 2008, the State, For- of our economic recovery. I would urge my ernment through to the end of the fis- eign Operations budget has had dra- colleagues to vote no. cal year, this measure would dramati- matic increases. This bill begins to Mr. ROGERS of Kentucky. Mr. Chair- cally slash the investments in our eco- rein in the growth of many programs. man, I yield 3 minutes to the chairman nomic recovery and undermine our na- The State, Foreign Operations title of the Homeland Security Sub- tional security in the process. I don’t of the bill before us is $44.9 billion. This committee, the gentleman from Ala- know why we even call it a continuing represents a 21 percent reduction from bama (Mr. ALDERHOLT). resolution—I guess to avoid a markup the President’s fiscal year 2011 request, Mr. ADERHOLT. I thank the chair- in the Appropriations Committee. But an 8 percent reduction from the fiscal man for yielding. it’s a brand new appropriations bill, year 2010 enacted level, and an 18 per- Mr. Chair, as many have said here and a very destructive one at that. It’s cent reduction from the fiscal year 2010 today, our government has a spending a job-killer of all kinds of jobs but level with supplemental appropria- problem, and the American people are most especially of national security tions. demanding that we find a solution. jobs. Let me be clear. While these are dra- Let’s talk about firefighters. We rely This CR that is before the House today matic cuts, I support the goals and ob- on our firefighters as our preeminent is a step towards finding a solution to jectives of using civilian power to first responders. They arrive at the that problem. achieve our national security goals. scene of all types of emergencies—at- The homeland security title of this To achieve the level of savings in- tempted bombings, security incidents, CR strikes the right balance between cluded for the remainder of FY11, re- medical, fire emergencies, all kinds of funding priority programs that are es- ductions were made in areas that, emergencies. But this bill eliminates sential to our Nation’s security and at while difficult, preserve important ef- the SAFER firefighter staffing pro- the same time keeping our discre- forts and priorities. For example, the gram, guaranteeing that thousands of tionary spending in check. This CR bill before us supports top national se- firefighters will lose their jobs this provides a total of $41.5 billion in dis- curity priorities, maintains momentum cretionary funding for the Department year, according to the Fire Chiefs Asso- ciation. SAFER has enabled our local in Iraq, Afghanistan and Pakistan, and of Homeland Security. This funding communities to avoid firefighter lay- fully funds the U.S.-Israel memo- level is $1 billion, or 2.4 percent, below offs in tough economic times, to keep randum of understanding at $3 billion. FY 2010 and $2.1 billion, or 4.8 percent, their fire departments at full strength. It continues the fight against illegal below the President’s FY 2011 request. drug trafficking in Mexico, Central In contrast to previous annual spend- This Republican continuing resolution would just simply remove this protec- America and Colombia. ing bills, this CR provides funding for tion. In order to do all of these things in the annual costs of disasters from this bill, new activities are paused, within the existing budget. So rather b 1500 many programs are scaled back, and than relying upon emergency Let’s talk about law enforcement, large administrative commitments like supplementals, the CR responsibly ad- funded in the Commerce-Justice appro- climate change are shelved. While dresses the $1.6 billion shortfall in dis- priations bill. We rely on our local po- these choices were difficult, they must aster relief costs that the President lice officers, not only as first respond- be made in order to preserve our na- has failed to address in the 2011 budget ers, but also as first detectors of home- tional security priorities. request. Supporting the cost of secu- grown terrorist activity. Yet this bill There is a need for continued over- rity demands truth-in-budgeting, and eliminates the Community Policing sight in our foreign aid, and for that we are delivering where the President grant program, the COPS program, reason, I’ve included language which and OMB have failed. guaranteeing that local governments provides additional oversight for coun- Having said that, the Department of which are already laying off workers tries like Afghanistan and Lebanon. Homeland Security is not immune will have to fire between 1,300 and 3,000 I would like to thank Ranking Mem- from fiscal discipline. Underperforming police officers. ber LOWEY for her dedication to the programs have been significantly cut Now, these job losses could be pre- subcommittee as chair for the last 4 in this CR that we are debating today. vented if we were attempting to govern years, and I look forward to continuing Let me add, by implementing these seriously instead of appeasing the Re- to work together. We both agree that cuts, we are not choosing between publican tea party base. The best cure Members on both sides of the aisle de- homeland security and fiscal responsi- for our budget deficit is a recovered serve to be heard on the important for- bility. Both are serious national secu- economy, not a bill that slashes and eign policy matters that come before rity issues, and they must be dealt burns government services that are our subcommittee. with immediately. And through a se- critical to our economic competitive- I hope this bill will move forward ries of tough choices, this CR achieves ness and to our public safety. quickly to ensure important govern- both. That is precisely why this CR in- So I urge a ‘‘no’’ vote on this CR. In- ment operations are continued in a cludes sufficient funding to sustain stead of a continuing resolution, we manner that is fiscally responsible and critical operations in the front-line might say that CR in this case stands meets our foreign policy challenges agencies such as the CBP, Coast Guard, for ‘‘Continuing the Recession,’’ be- around the world. ICE, the TSA, and the Department’s cause that’s really what this bill would The CHAIR. The Chair would note Intelligence Office. achieve. that the gentleman from Kentucky has Mr. Chair, homeland security is far Mr. ROGERS of Kentucky. I yield 3 9 minutes remaining; the gentleman too important to be subject to budget minutes to the gentlewoman from from Washington has 9 minutes re- gimmicks and inadequate justifica- Texas (Ms. GRANGER), the chairman of maining. tions. The homeland security title of the State, Foreign Operations Sub- Mr. DICKS. I yield 21⁄2 minutes to the this CR responsibly funds programs committee on Appropriations. gentlewoman from New York, the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H823 former chair of the State, Foreign Op- Now we’ll consider H.R. 1, which will the Appropriations Committee knows erations Subcommittee, now the rank- save at least $100 billion in this fiscal and as the ranking member of the Ap- ing member, my good friend, NITA year. It is, in fact, the single largest re- propriations Committee knows, you LOWEY. scission package in the history of this will not get there focused simply on 14 Mrs. LOWEY. I thank the gentleman, Congress. With a $14 trillion national percent of the budget. It will not hap- our distinguished chair. It’s been a debt and a $1.5 trillion deficit this year, pen, my friends. pleasure working with you. And I just cutting $100 billion will not solve our You might want to delude yourself or want to say to the current chair of our fiscal crisis, but it’s a good start, and delude our constituents and say that committee, we’ve always worked in a it’s a promise kept. And here in Wash- you can simply cut all 14 percent of bipartisan way, and that’s why I reluc- ington, D.C., that’s really saying some- non-defense discretionary spending, tantly rise in opposition to the State thing. and you will still have an operating and Foreign Operations budget in the Now, to save our Nation from an ava- deficit this year if we cut out every CR. But I look forward to continuing lanche of debt facing future genera- nickel of discretionary spending. to work together. tions, we must just do a couple of basic That discretionary spending of These are irresponsible cuts. These things. First, we’ve got to stop what course educates our children. It pro- cuts would threaten global security we’ve been doing, piling a mountain motes our health. It promotes our com- and stability. Despite broad agreement range of debt on our children and merce. It promotes building the econ- that a three-legged stool of defense, di- grandchildren. We’ve got to turn omy. That’s what this issue is about. plomacy, and development is vital to around and we’ve got to begin to head The CHAIR. The time of the gen- our national security, this bill dra- in the other direction. We have to face tleman has expired. Mr. DICKS. I yield the gentleman 1 matically weakens diplomacy and de- our present fiscal crisis squarely and additional minute. velopment. with courage. And today, this new Re- On a positive note, I’m pleased with Mr. HOYER. So I rise to say to all of publican majority will do just that. the inclusion of $3 billion pursuant to us, all 435 of us, it will take courage, We’ll begin the process of turning our the MOU between the United States cooperation, and common sense to ad- ship of state back toward that horizon and Israel and continued commitments dress the deficit situation that con- of fiscal responsibility and fiscal sol- to Egypt and Jordan. fronts us. However, especially given the ongo- vency and sustainability for genera- And it is a crisis. It must be met. We ing development in Egypt, through the tions to come. do not have an alternative. Because if region, and around the world, the dras- I urge my colleagues in both political we do not address it—all of you have tic cuts in democratic governance, al- parties, join us in this important first heard about my three children, my ternate development options, inter- step. Join us in this important promise three grandchildren, and my one great national financial institutions, conflict kept. Work with us, and we will work granddaughter. All of them will hold mitigation, reconciliation, disaster as- with you to put our Nation on a path- me and all of you responsible for the sistance, and global health, would sig- way toward fiscal solvency and, ulti- legacy of fiscal irresponsibility which nificantly impede our ability to mately, lay a foundation for real eco- we will leave them. achieve our security objectives. nomic growth for generations to come. We now have bipartisan responsi- I’m really disappointed with the Re- b 1510 bility. You are in charge of this House; publican leadership’s partisan approach the Democrats are in charge of the Mr. DICKS. I yield 2 minutes to the because, as I mentioned, during my 4 Senate, and we have a President who is distinguished Democratic Whip, the years as chair of the subcommittee, I a Democrat. It is a perfect opportunity gentleman from Maryland (Mr. HOYER), worked closely with my ranking mem- for us all to take responsibility and, who has been a longtime member of the ber, and we did not include divisive so- yes, part of the blame, because the de- Appropriations Committee and a very cial issues in our bills. Yet this CR cisions we will have to make will be good friend. would reinstate the global gag rule and tough; they will be agonizing, and they Mr. HOYER. I thank the gentleman prohibit funds for the United Nations will be wrenching. And people will say, for yielding. Population Fund, denying millions of We’re not sure you should have done it. I would say to the previous speaker, women family planning and basic If we do it together, we can do it. And my friend Mr. PENCE, we did that. In health services. we owe it to our country, our fellow Finally, while all these measures are 1993 we looked the fiscal posture of our citizens, and our children to do so. brought to the floor under the guise of country in the eye. We had sustained Cutting spending is part of the solution to fiscal responsibility, in my judgment, $1.4 trillion of deficit spending under our deficit. But we also have to cut wisely, they endanger our long-term economic Mr. Reagan and $1.1 trillion of deficit making the distinction between spending we security and fail to create jobs. So I spending under Mr. Bush, and we put can do without, and investments that are vital urge my colleagues to oppose this bill. legislation on this floor and said we to our future growth. Mr. ROGERS of Kentucky. I yield 2 need to meet our fiscal responsibilities. But Republicans have brought to the floor a minutes to the gentleman from Indiana Not a single member, unfortunately, of spending bill full of cuts that are short-sighted (Mr. PENCE), former chairman of the the Republican Party voted for that and indiscriminate. They endanger the invest- Republican Conference in the House. legislation. But over the next 8 years, ments we need to grow our economy and cre- (Mr. PENCE asked and was given per- we had a net surplus in this country; ate jobs—to out-build, out-innovate, and out- mission to revise and extend his re- the only time in the lifetime of any- educate our competitors. When we talk about marks.) body in this body that that has hap- cutting those investments, we are talking Mr. PENCE. I want to thank the dis- pened. We did it working together. about cutting tomorrow’s jobs. tinguished chairman for yielding time Unfortunately, the last administra- I wish that my Republican colleagues would and for his leadership on this and so tion ran up $3.8 trillion of deficit, and listen to the business leaders who understand many issues. we inherited an economy that was in the importance of thoughtful investment. After years of runaway Federal substantial free fall. The President said Listen to Tom Donohue of the U.S. Cham- spending by both political parties, last that; Mr. Bernanke said that; Mr. ber of Commerce and Richard Trumka of the year House Republicans took the Paulson said that. And so we adopted AFL–CIO, who don’t agree on very much: pledge. We said to the American peo- legislation that tried to stabilize that ‘‘Whether it is building roads, bridges, high- ple, give us another chance to lead this economy, and the good news is that we speed broadband, energy systems and Congress, and the first thing we’ll do is have. We haven’t gotten to where we schools, these projects not only create jobs we’ll reduce domestic spending to pre- want to be. We want to create more . . . they are an investment in building the bail out, pre-stimulus levels, saving the jobs. As the President says, we want to modern infrastructure our country needs to American people at least $100 billion. invest in growing our economy and compete.’’ And today, simply put, this new major- bringing jobs back. But the Republican spending bill would can- ity will keep our word with the Amer- There will be some very tough deci- cel 76 transportation projects in 40 States, and ican people. And in Washington, D.C., sions we will have to make moving for- leave us with roads, bridges, and an air traffic that’s saying a lot. ward; and, frankly, as the chairman of control system stuck in the last century.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H824 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Listen to Marc Benioff, CEO of major role to be able to make the pri- lative Branch Subcommittee on Appro- Salesforce.com: ‘‘The number 1 thing the gov- vate sector successful with that part- priations, the gentleman from Florida ernment needs to do is increase research nership. (Mr. CRENSHAW). funding.’’ We all care about feeding people, all Mr. CRENSHAW. I thank the gen- But the Republican spending bill would cut people, whether they are rich or poor. tleman for all the work that he has support for 20,000 researchers at the National One thing they all have in common is done in helping to put this continuing Science Foundation, cut $1.4 billion of energy that they want that food to be safe. resolution together. research, and cut $2.5 billion of medical re- They want the drink to be safe. They This is a giant step forward in stop- search. want the drugs that they buy in the ping the culture of spending that has Listen to Bill Gates: ‘‘If we don’t start inno- stores to be safe. And the problem with gone on here in this town for a long vating in education to make it better and more this CR, which is very interestingly time and begins a culture of savings. talked about on their side in the ge- accessible . . . our competitiveness will fall In the subcommittee which I have neric of the necessity of cutting the behind that of other countries.’’ been asked to chair, the Legislative deficit, which we all agree on. But to But the Republican spending bill would kick Branch only deals with maybe one-half take a meat axe approach to the USDA 200,000 children out of Head Start and make of 1 percent of all the money that we’re it harder for Americans to afford college. and the FDA cuts the safety net for food and drugs. talking about, but we didn’t think that By all means, let’s take real action on the we ought to be immune to all the pain deficit—but not in a way that sacrifices Amer- For example, the Food and Safety In- spection Service would have to cut that goes on as well. In fact, I think, ica’s competitive edge. when times are tough, leaders ought to Mr. ROGERS of Kentucky. I yield 2 down on their inspectors who have to lead. And so we can help save tax- minutes to a new Member of Congress, be in every one of the 6,300 slaughter payers dollars by spending less money a freshman and a new member of the and processing facilities. If they are on ourselves, and that’s what we do in Appropriations Committee, the gen- not there, there is no work. We would this bill. tleman from a wonderful place in Ar- have to close these facilities for kansas called Rogers, Arkansas (Mr. months at a time; therefore, putting a We cut the accounts of the leadership offices. We cut the accounts of all the WOMACK). lot of people out of work, less jobs, and Mr. WOMACK. Mr. Chair, I am glad certainly no food safety. Members’ offices. We cut the accounts the gentleman a few minutes ago from It goes on and on and on. We need to of the committee staff and their of- Virginia talked about the mayors of argue these details, not just the fices. In fact, the Appropriations Com- America and the county judges of generics. mittee, which Mr. ROGERS chairs, will America, because just a few weeks ago FOOD SAFETY AND INSPECTION SERVICE (FSIS) reduce their spending by 9 percent. So I was one of those mayors. FSIS is responsible for the safety of domes- certainly Congress is taking the budget Twelve years ago, when I sought that tic and imported meat and poultry. It inspects axe to its own spending and leading by office, I inherited a city that was in nearly 6,300 slaughter and processing facili- example, and I think that’s important. terrible deficit spending, that had un- ties. Its inspectors are required to be present So as we move forward, Mr. Chair- reasonable government intrusion into continuously during the operation of slaughter man, I think that we can do a whole lot the private sector, that was affecting plants and to inspect every meat and poultry more with a whole lot less around this the economic well-being of that city. processing plant in the U.S. every day. All im- place. We want to lead by example. I am pleased to say that, because we ported meat and poultry must also be in- That’s what we’re trying to do, and I took the position of putting our fiscal spected by FSIS. The Republican proposal think we are taking a giant step for- house in order and because we changed would hold funding for FSIS to the 2008 level. ward. the way government approaches its in- The administration estimates that this would Mr. DICKS. I yield 11⁄2 minutes to the volvement in the private sector and be- require a furlough of all FSIS employees, in- distinguished gentleman from Georgia cause we limited the dependency of our cluding all inspectors, for 30-47 working days (Mr. BISHOP). He has become the new city on the Federal Government that (which amounts to 20–30 percent of the work- ranking member on Military Construc- we created a city of excellence, that we ing days left in the fiscal year assuming enact- tion and VA. significantly enhanced the quality of ment on March 4th.) Without inspectors avail- life. We did $1 billion worth of invest- able, meat and poultry plants would be legally b 1520 ment; we created thousands of jobs, required to stop operating. The administration and Rogers, Arkansas, is the example estimates the economic loss from stopping Mr. BISHOP of Georgia. I thank the the American people are looking for plant operations at $11 billion. It also expects gentleman for yielding. today. that consumer prices for meat and poultry While the Military Construction/VA I realize that these are difficult would rise with the curtailed supply. That’s a portion of this bill is not cut as much times. They are times that are going to lot of jobs and food—not only up unemploy- as some other parts of the continuing require great courage, a sense of duty, ment but also drive—up prices. resolution, the cumulative effect of and shared sacrifice in order to put FOOD AND DRUG ADMINISTRATION (FDA) this CR is really to hurt our veterans. America on the right path. I believe in FDA is responsible for the safety of food, The bill provides $74.2 billion, which is this America, and that’s the way for- drugs, medical devices, human blood prod- $2.4 billion below the FY 2010; $1.8 bil- ward. ucts, vaccines, cosmetics, and many other lion below the President’s request. Mr. DICKS. I yield 11⁄3 minutes to my products. Consumers spend about 20 cents of Mr. Chairman, it’s time to end the good friend, the distinguished gen- every dollar on products regulated by FDA. theatrics and get to work. This con- tleman from California (Mr. FARR), The Republican proposal would fund FDA at tinuing resolution continues the heat- who has now become the ranking mem- about 10 percent below the 2010 level. Com- ed rhetoric. If this bill is signed into ber on Agriculture. ing this late in the fiscal year, much deeper law, it will hurt our economic recov- Mr. FARR. Mr. Chair, I thank my cuts would be necessary to end fiscal year ery, which in turn will affect our vet- ranking chair, the gentleman from 2011 at the level appropriated in the Repub- erans. According to the Bureau of Washington (Mr. DICKS). lican bill. The administration has estimated Labor Statistics, more than 15 percent I rise with serious concerns. I am the that under the Republican proposal there of Iraq and Afghanistan war veterans ranking member of the Agricultural would be 2,000 fewer FDA inspections of firms are unemployed, far higher than the Appropriations Committee. I come that manufacture food and medical products; national jobless rate. If we follow from the State that is the leading ag 10,000 fewer FDA import inspections to verify through with some of these disastrous State in the Nation, California, and ag- that imported foods and medical products cuts, we’ll see that rate go higher as riculture is the number one economy in meet safety standards; and analysis of 6,000 the operations in Iraq and Afghanistan California. We’re a State that is really fewer food and medical product samples to wind down and our troops come home diversified, and we do it without sub- identify safety problems. In addition, this level seeking employment. sidies and we do it by partnerships. will likely lead to furloughs and/or * * * For example, as the gentleman from The partnership is essentially a pub- Mr. ROGERS of Kentucky. I yield 2 North Carolina pointed out, we’re cut- lic-private partnership, and there is a minutes to the chairman of the Legis- ting aid that local governments use to

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H825 hire police officers. Many of our local In legal services, some 80,000 cases research that are not core to the Depart- police officers are veterans and they duced—for seniors who will be fighting ment’s historical responsibilities and are hired with the community oriented mortgage foreclosure that would be focus. We do all of this so the Depart- policing grants. This will be elimi- fraudulent in their case, or domestic ment of Energy can focus on what we nated. If we cut money for firefighters, abuse violence in their homes, through need to do—to support the private sec- this cut will have the same effect as cuts to legal services. tor in developing the next round of en- cutting money from the cops. Our vet- And a $150 million cut for the Na- ergy-related intellectual property and erans will have nowhere to go to con- tional Science Foundation. the jobs associated with it. tinue to serve their communities. Now my colleagues have a tough job. We need to do it. I support the CR. I We can do better than this bill. We They’re in the majority. They’ve got to think we ought to move on with it. must be serious because we have seri- make rational decisions. Let me just Ms. SLAUGHTER. Mr. Chair, I rise today in ous issues. Veterans have paid the say this. If spending was bad, we would support of the life-saving work done by Title X price for the freedoms we enjoy in this eliminate all spending. Some spending family planning providers across the nation. country, but freedom is not free. It has is necessary. We should be cutting In 2009, five million men and women re- been paid for with the lives and the waste. We should not be cutting law ceived important preventive services from fam- limbs of countless men and women who enforcement and legal assistance and ily planning providers, including 2.3 million have served this country in uniform. scientific analysis, and we shouldn’t be breast exams, 2.2 million tests for cervical We owe them better than this. cutting export opportunities for Amer- cancer, and nearly 1 million HIV tests. The Mr. ROGERS of Kentucky. Mr. Chair- ican workers. And we shouldn’t be risk- proposed cuts in H.R. 1 would eviscerate man, I yield 1 minute to the gentleman ing 800,000 jobs in our country; not these services, reducing family planning and from Wisconsin, a brand new Member today, not on any day. cancer prevention services. Cuts to family of this body, Mr. DUFFY. The CHAIR. The time of the gen- planning would have devastating con- (Mr. DUFFY asked and was given tleman from Washington has expired. sequences to families nationwide. permission to revise and extend his re- Mr. ROGERS of Kentucky. Mr. Chair- Why is the Republican leadership attacking marks.) man, I yield 2 minutes to the gen- proven health care services, instead of work- Mr. DUFFY. I thank the chairman tleman from New Jersey (Mr. FRELING- ing with us to create jobs? This legislation for yielding time to me to address the HUYSEN), the chairman of the Energy does not move our country forward. issue today with regard to unspent, un- and Water Subcommittee on Appro- By attacking family planning and pursuing obligated stimulus money. priations. an extreme social agenda, Republicans are di- Two years ago, this Congress voted Mr. FRELINGHUYSEN. I thank the viding our country and distracting from the to spend nearly a trillion dollars of gentleman for yielding. very real economic problems facing our na- stimulus money. They said that we Mr. Chairman, some suggested some tion. could borrow and spend our way to time ago that we have to wait until While these cuts to family planning were prosperity. Well, 2 years later we are 2012 or 2013 to make these decisions. We proposed under the auspices of being ‘‘fiscally well aware that borrowing and spend- need to make these tough decisions responsible’’, that is far from the truth. For every dollar invested in Title X family ing doesn’t lead to economic pros- now, to cut spending and to create a planning services, taxpayers save just under perity, growth and sustainable jobs. We climate where the private sector can go $4. By preventing cancer, identifying cancer in know it comes from the private sec- hire workers. early stages, and preventing HIV/AIDS, Title X tor—people who invest in their busi- The Energy and Water Development section of this bill totals $29.9 billion, providers are saving money, as well as lives. nesses and ideas. And from there, they Cutting family planning is not fiscally respon- expand and grow. That’s how we create an 11 percent reduction from fiscal year 2010. That’s a tough decision. This sible, and will not reduce the bottom line. jobs in this great country. Moreover, this cut has nothing to do with Now we are stuck with a $14 trillion level more truly represents what should be the top priorities of the De- ending funding for abortions, despite claims to debt. This year, we’re going to borrow the contrary. Title X family planning funds sim- $1.5 trillion. More borrowing, more partment of Energy, the Army Corps of Engineers, the Bureau of Reclamation, ply do not fund abortions. If we want to reduce spending, is going to lead to job-crush- the number of abortions in this country, the and the other accounts funded under ing taxes and passing this debt on to methodology is clear—empower women to our next generation. It’s unacceptable. our subcommittee’s purview. Far from the ‘‘meat axe’’ approach prevent unintended pregnancies through edu- I am encouraged that we are working cation and access to contraception. And, that on sending all unobligated stimulus that some have suggested we’re taking in H.R. 1, our product is one of careful, is precisely what family planning funding does. money back to the Fed so we can pay Nationwide, this cut will impact family plan- thoughtful, line-by-line analysis. We down our debt. ning services for 5 million women and men. In have looked at which programs are Mr. DICKS. Mr. Chairman, I yield the my home state of New York, cuts to Planned must-haves, which have significant un- balance of my time to the gentleman Parenthood would impact 209,410 patients. obligated balances, and which are re- from Pennsylvania (Mr. FATTAH), the Just last year, Planned Parenthood provided new ranking member of the Commerce- dundant. Above all, we’ve ensured that 70,490 screenings for cervical cancer in New Science-Justice Subcommittee. the core national security mandate of York, detecting 7,931 abnormal results requir- The CHAIR. The gentleman is recog- the Department is adequately funded. ing medical action. Another 67,957 women re- nized for 11⁄4 minutes. Frankly, other countries’ nuclear ceived breast exams. 138,501 tests for Mr. FATTAH. I thank the gentleman stockpile programs aren’t taking a Chlamydia helped to avert the leading cause and I thank him for his extraordinary time-out while we wrestle with our of preventable infertility in America today. New leadership on this critical matter. budget challenges. The stewardship of Yorkers stand to lose valuable health services. The Economic Policy Institute says the nuclear stockpile is the foremost These statistics represent real women, with that the GOP plan will cost our coun- responsibility of the Department of En- real needs. Can we turn our back on them? try 800,000 jobs. The parts of the CR ergy. In fact, weapons activities and No, we cannot. that relate to Commerce, Justice and naval reactors receive the only in- We need to work together to invest in the Science relate to essentially four creases in our bill. services that will help our country to be suc- areas. We do, however, make major reduc- cessful. We must focus on building our econ- International trade assistance ex- tions in the Department of Energy; omy, rather than eliminating health care serv- ports. The President has a major ini- major cuts. We eliminate all earmarks. ices. tiative to create American jobs That’s close to $500 million, just in the Mr. POLIS. Mr. Chair, Americans’ top pri- through exporting. They want to cut it Department of Energy. And we cut out ority is creating jobs. But six weeks into the by $93 million. programs like weatherization, with bil- 112th Congress, the Republican leadership They want to cut $1.3 billion out of lions and billions of unspent stimulus has yet to bring a single, solitary jobs bill to law enforcement. So if you need a cop money. In fact, the Department of En- the floor. and you call 911, there may or may not ergy received close to $39 billion in Once again, we are here today to exercise be one available because if it’s one of stimulus money. one of our primary constitutional responsibil- the 1,300 that will be cut under this Finally, we’ve cut back on programs ities as members of Congress—to pass appro- bill, they’ll be gone. like biological and environmental re- priations legislation to fund the many basic

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H826 CONGRESSIONAL RECORD — HOUSE February 15, 2011 and essential programs the federal govern- to only the biggest polluting power plants, en- For the businesses and residents in my dis- ments, on which millions of Americans rely. suring average Americans and small business trict—this is a slap in the face. Today is an incredible opportunity, for Repub- aren’t affected by any regulations. Colorado’s US 36 Corridor project won the licans and Democrats to work together—to The Clean Air Act guards the most vulner- TIGER Award because it was one of the most bridge the gap between parties and talking able Americans—those with asthma and other innovative projects in the country. Mr. Chair, points—and pass a bill that meets our shared lung disease, children, older adults, and peo- Rome wasn’t built in a day and we can all goals of creating jobs, building our infrastruc- ple with heart disease and diabetes—from the agree that we should not be punishing innova- ture, and strengthening our economy. dangers of airborne pollutants, including the tion. Sadly, the Republican leaders have brought threats from growing carbon dioxide pollution. Mr. Chair, the President’s budget release to the floor a continuing resolution that jeop- Each year the Act prevents tens of thousands yesterday is an excellent example of cutting ardizes American jobs and our economic fu- of adverse health effects, including asthma at- back in nearly every aspect of the federal gov- ture by rolling back investments that will help tacks, heart attacks and even premature ernment, while investing in the future. We our private sector grow and put people back to death. This year alone, the Clean Air Act will must tighten our belts and make hard choices work. It thoughtlessly makes extreme cuts to save more than 160,000 lives, according to and tough changes. But we cannot do so at appease an extreme wing of their party, at the preliminary estimates by the U.S. Environ- the expense of growth and innovation. expense of the American people. mental Protection Agency. Yet Republicans With cuts like these, Republican leadership plan to starve this life-saving agency of its EDUCATION has made it very clear that they’re not inter- Mr. Chair, building an excellent public edu- funding based on purely ideological reasons. ested in helping families to get ahead in this cation system that provides each and every IMMIGRATION economy. Instead, they’re holding our eco- child the opportunity to succeed is the single The CR would cut all funding for immigrant nomic recovery and global competitiveness greatest investment we can make to secure integration. Republicans claim that they sup- hostage in an attempt to meet an arbitrary our nation’s future—an investment that I have port legal immigration and want to reward im- spending goal, to appease the fringe of their devoted much of my life to support and migrants who waited in line and did things the party—the same people who advocate for cut- right way. But then they go and cut funding to achieve. From Preschool to K–12 to Higher ting the Department of Education and critical programs that help those legal immi- Education, Republican cuts would undermine privatizing social security. grants become proud American citizens and our global economic standing by denying op- The Republican’s continuing resolution be- better integrated into our communities. If Re- portunity to students, who depend on the gov- fore us today is sound bite politics at its worst. publicans really want to support legal immi- The American Public need and deserve real ernment for their education. grants, they wouldn’t cut important programs As President Obama said in his state of the solutions and thoughtful policy. We can and that emphasize the value of learning English, union address, it’s not just about ‘‘how we cut’’ learning American history and civics, and be- must do better. I encourage my colleagues to but ‘‘what we cut.’’ Education is an investment coming U.S. citizens. Regardless of what side oppose the rule for this CR as well as the unin our future, and we can’t sacrifice our future. of the aisle you sit on, these are common- derlying CR to prevent the irresponsible im- But Republicans—through this CR—seem will- sense programs that we can all support. pact of this Republican spending bill. ing to sacrifice our future to meet their arbi- It would also cut overseas refugee assist- Mr. Conyers, the Majority introduced H.R. 1, trary campaign pledge. ance and admissions and domestic refugee the ‘‘Full Year Continuing Appropriations Act, They want to drastically reduce quality pre- assistance funding. These cuts would severely 2011,’’ which will make immediate and drastic school for poor children with a $1 billion cut in diminish our country’s ability to help refugees cuts to the federal budget. Head Start, which has shown positive results. across the globe. The victims would be some These mindless proposed cuts will hurt jobs, For K–12 students, Republicans are proposing of the world’s most vulnerable people: refu- undermine public safety and law enforcement, to dismantle a wide range of essential school gees fleeing religious persecution from Iran, and restrict fundamental civil liberties. supports—literacy programs; teacher improve- political persecution from Burma, etc. We are Below is an itemization of some of the fund- ments; math and science partnerships; arts in the global leader in refugee resettlement. This ing decreases to areas of the federal budget education; parent education; counseling; and is a proud American legacy and it makes us that are within the Judiciary Committee’s pur- graduation promotion. a shining beacon for the world. Haphazard view—the dollar references being the amounts Their proposal would also slash special edu- cuts like this endanger refugees, but also less than the Administration’s requested 2011 cation services and college preparation. And America. budget. many more students would be blocked from If Republicans truly claim to be committed to DEPARTMENT OF JUSTICE going to college if the Republicans had their deficit reduction, then why as they cut millions COMMUNITY ORIENTED POLICING SERVICES (COPS) way—with about half a billion dollars less for from beneficial programs like head start and Pell grants for disadvantaged youth. LIHEAP, do they continue to increase defense Funding Decrease: $600 Million/Complete Education is how America can reclaim our spending? Until Republicans get serious about Elimination of Hiring Program edge in job creation, in business leadership, in controlling defense spending—the largest part COPS has funded the hiring of more than providing a livable wage, and in economic in- of the discretionary budget—they will never 122,000 state and local police officers and novation. Destroying this promise by attempt- achieve their goals of reducing our deficit. sheriff’s deputies in communities across Amer- ing to balance the budget on the backs of LOCAL/US 36 ica. The Republican funding cut means that poor children and youth is both unwise and Mr. Chair, at the state and local level, my 3,000 fewer officers will be hired or rehired to unjust. home state of Colorado is getting slapped in be on the streets of our neighborhoods. By cutting to the heart of the learning needs the face by this CR. FBI of America’s children and youth through these A year ago, US 36—the highway that con- extraordinary and nonsensical measures, Re- nects Boulder to Denver—was awarded a $10 Funding Decrease: $74 Million publican lawmakers clearly don’t understand Million TIGER/TIFIA Challenge Grant through The Republican funding cut will delay con- the meaning of investing in our future. the recovery Act—to expand one of the most struction of badly needed training facilities at ENVIRONMENT used and heavily congested highways in the the FBI Academy in Quantico. This will impact This CR arbitrarily kills jobs, hurts the public state, creating jobs and fostering economic the FBI’s effort to update and strengthen train- health and is a slap in the face of environ- development. The $10 million federal investing for agents and intelligence analysts to mental protection. The CR will set our country ment helps leverage the additional funds in maintain the fight against terrorism, sexual ex- back decades by curtailing scientific research, the area, creating $276 million in employment ploitation of children, drugs and other major simply because Republican’s don’t like what income and 7,200 jobs. The project impacts threats to the U.S. from foreign and domestic the science says. It puts our children’s health 191,000 corridor employees—10% of the sources. at risk by handcuffing the EPA to police pol- state’s employment. VIOLENCE AGAINST WOMEN ACT, VICTIMS OF CRIME ACT, luters and simply keeps us addicted to foreign To date, only $900k has been obligated, AND FAMILY VIOLENCE PREVENTION AND SERVICES oil and discourages clean energy innovations. and because the Republican CR rescinds all ACT (VAWA) This is sound bite politics at its worst, the ‘unobligated’ ARRA funding across the board American public needs real solutions and without thought to details or individual Funding Decrease: $26.5 Million thoughtful policy. projects—the many state, regional, and local VAWA programs support victims of domes- The CR prohibits any funding from being transportation groups that have invested in the tic and sexual violence. It also has saved used to carry out the EPA’s power plant pollu- project will never see the remaining $9.1 mil- $14.8 billion in its first 6 years. If the Repub- tion safeguard rules. These rules are tailored lion they were promised. lican funding cut tracks FY 2008 levels, VAWA

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H827 programs would lose an estimated $170 mil- U.S. MARSHALS SERVICE (USMS) rights and responsibilities of citizenship. The lion. Any cuts to these critical programs would Funding Decrease: $9.7 Million President’s proposed budget for Fiscal Year undermine law enforcement and victim protec- 2012 increases this investment to $20 million. tion services. The USMS is responsible for protecting The President is heading in the right direction GENERAL LEGAL ACTIVITIES judges which is critically important in light of of working to integrate immigrants into our recent threats to federal judges. The USMS country. The Republican CR takes us in the Funding Decrease: $111.3 Million also secures courthouse detention facilities wrong directly entirely. DOD’s principal divisions, including the Civil that hold defendants accused of drug, gun and DEPARTMENT OF STATE: MIGRATION AND REFUGEE Rights Division, the Antitrust Division, Environ- immigration crimes. The Republican funding ASSISTANCE ment and Natural Resources Division, and cut will delay and possibly eliminate over $100 Funding Decrease: $582 Million Civil Division are funded under the category of million in needed upgrades in security and general legal activities. construction of courthouse detention areas H.R. 1 cuts one-third of the funds for the The Civil Rights Division, which was chron- and facilities, the impact of which will be most State Department’s Migration and Refugee As- ically underfunded by the Bush Administration, acutely felt on the Southwest Border. sistance program, which is used to protect ref- will have to play a critical role with respect to FEDERAL JUDICIARY ugees overseas and to admit refugees to the how states and localities redraw their district SALARIES AND EXPENSES; DEFENDER SERVICES United States. This irresponsible and severe lines following the decennial Census. As re- cut may seriously jeopardize our ability to pro- quired under section 5 of the Voting Rights Funding Decrease: $613 Million tect the world’s most vulnerable people-people Act, the Department of Justice will have to The Republican cut will force the federal fleeing persecution and torture. The cut will di- ‘‘pre-clear’’ all voting changes. The Civil Rights courts to lay off more than 2,400 support staff minish our ability to support the critical work of Division is expecting more than 800 submis- and to stop payments to attorneys who rep- the United Nations High Commissioner for sions this year and next. resent indigent criminal defendants, which Refugees (UNHCR) and the International The Republican budget cut will generally un- may raise constitutional concerns about the Committee of the Red Cross, who provide on- dermine the ability of these divisions to protect availability of adequate criminal defense serv- the-ground protection to refugees fleeing per- the civil rights and interests of all Americans. ices. These cuts undermine public safety and secution. A cut like this could increase the risk VARIOUS STATE AND LOCAL LAW ENFORCEMENT the effective administration of justice at a time of sexual violence for refugee women in ASSISTANCE PROGRAMS when criminal caseloads and the workloads of camps. This cut also may jeopardize our abil- probation and pretrial services offices have ity to meet the President’s goal of resettling Funding Decrease: $525 Million reached an all-time high. 80,000 refugees in the U.S. this fiscal year. These reductions eliminate or essentially gut DEPARTMENT OF HOMELAND SECURITY (DHS) AND We are the global leader in refugee resettle- proven crime prevention and crime reduction DEPARTMENT OF STATE ment. This is a proud American legacy and it programs that localities have used to keep H.R. 1 makes huge cuts in funding to DHS. makes us a shining beacon for the world. crime rates down. The inevitable result of Around $160 million are cut from accounts Haphazard cuts like this endanger refugees, these cuts will be increased crime and victim- that are used to protect our Nation’s borders but also America. izations, more unemployment and more result- and to facilitate legitimate trade and travel that OTHER AGENCIES AND PROGRAMS ing expenditures than these cuts save in fed- are vital to our country and its recovering LEGAL SERVICES CORPORATION (LSC) eral, state and local law enforcement activities, economy. Funding Decrease: $85 Million imprisonments and other costs. DHS: CUSTOMS AND BORDER PROTECTION—BORDER SE- NATIONAL DRUG INTELLIGENCE CENTER CURITY FENCING, INFRASTRUCTURE, AND TECH- LSC provides grants to support access to NOLOGY justice to our fellow Americans in need. The Funding Decrease: $10.6 Million Republican cut would reduce LSC’s funding by Funding Decrease: $124.2 Million The Center plays a major role in the fight nearly 20%, which will result in a layoff of at against international and national illegal drug The $124.2 million cut from Border Security least 370 staff attorneys in local programs, proliferation. The Republican funding cut will Fencing, Infrastructure, and Technology will closure of many rural offices, and less civil ac- force the Center to furlough valuable employ- jeopardize the Administration’s plan to in- cess to justice for 161,000 Americans who will ees, which will harm the Center’s ability to crease the use of technologies that have prov- go without the services of an attorney. This in- fight the war on illegal drugs. en effective at securing our border. Such tech- cludes women seeking safety for themselves OFFICE OF JUSTICE PROGRAMS, JUVENILE JUSTICE nologies include mobile surveillance units, and their children from domestic violence, vet- PROGRAMS thermal imaging devices, mobile radios, and erans returning to civilian life without a job, the like. Tens of millions of dollars of cuts to and senior citizens trying to save their homes Funding Decrease: $191,095,000 Customs and Facilities Management will inhibit from foreclosure. The JJP strengthens community safety and our ability to build needed Border Patrol sta- ADMINISTRATIVE CONFERENCE OF THE UNITED STATES reduces victimization by setting standards and tions and forward operating bases, and to (ACUS) performance measures for the nation’s juve- modernize our severely outdated land ports of nile justice systems, supporting delinquency entry. Funding Decrease: $1.7 Million prevention and early intervention, and contrib- DHS: OFFICE OF CITIZENSHIP, U.S. CITIZENSHIP AND ACUS is a recently established independent uting to the prevention and reduction of youth IMMIGRATION SERVICES agency designed to save millions in taxpayer crime and violence. dollars by recommending ways to improve and The inevitable result of the proposed Re- Funding Decrease: Complete de-funding streamline the regulatory and rulemaking proc- publican cut to BP funding will be increased H.R. 1 eliminates all funding for the Office of ess. Even though Republicans claim they sup- crime and victimization; greater substance Citizenship within U.S. Citizenship and Immi- port the same goals, the Republican funding abuse; exacerbated mental health conditions; gration Services. De-funding the Office and cut will gut ACUS. It will cut ACUS’s funding increased unemployment and incarceration; the President’s Integration Initiative means by 53%, which will result in freezing all re- and a net increase in long-term costs to fed- that no grants will be available for programs search grants and causing staff cuts and fur- eral, state, and local governments. that fund state agencies and non-govern- loughs. LAW ENFORCEMENT WIRELESS COMMUNICATIONS mental organizations to help prepare lawful UNITED STATES PATENT OFFICE (USPTO) permanent residents to apply for and obtain Funding Decrease: $71.6 Million citizenship. This will increase the burden on Funding Decrease: $400 Million This program provides critical support to law cash-strapped state and local governments The USPTO examines and approves appli- enforcement officers and agents in major met- and decrease the provision of civics-based cations for patents on claimed inventions and ropolitan areas across the Nation in respond- English language classes that help aspiring administers the registration of trademarks. It ing to terrorist attacks or other catastrophic in- citizens integrate into their communities. The also aids in the protection of American intel- cidents. The Republican funding cut will re- President’s budget request in Fiscal Year lectual property internationally. The USPTO is duce by more than half the money used by 2011 was only $18 million. This small invest- fully funded by user fees paid by customers. the program to eliminate interoperability issues ment has a big payoff: it assists immigrants to The Republican funding plan limits USPTO with wireless communications, thereby jeop- become proud, new American citizens who to 2010 user fee projected levels, which will ardizing officer and public safety and the safe- have studied English and the fundamentals of deprive the overburdened patent office of ap- ty of millions of Americans. our government and who understand the proximately $200 million it collects in fees, and

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H828 CONGRESSIONAL RECORD — HOUSE February 15, 2011 an additional $200 million from a fee sur- publican cuts would impose on job growth, this bill on the floor. But, anyway, charge and supplemental amount in the 2011 public health and safety, and basic American here it is and we have it today. budget. values that we should all hold dear. I hope It is a good defense bill. It is $516 bil- This will exacerbate the over 700,000 appli- that we can take a more sensible approach to lion. It is a lot of money; but our cation backlog the USPTO currently faces, the budget than the draconian and ill-con- warfighters, they need training, they prevent needed upgrades in technology to in- ceived cuts contained in H.R. 1. need salaries, they need pay, they need sure quality patents, and freeze hiring of addi- Mr. ROGERS of Kentucky. Mr. Chair- medical care, they need weapons, they tional examiners. Many of the improvements man, I yield back the balance of my need equipment, they need technology; recently initiated to increase efficiency and de- time. and this bill, for the most part, pro- crease backlog will have to be abandoned. Of The CHAIR. All time for general de- vides that. the 700,000 patents pending, many are in the bate has expired. The $516 billion is $14.8 billion less health related field or involve technological ad- Pursuant to the rule, the bill shall be than was requested for this fiscal year. vancement. considered for amendment under the 5- That $14.8 billion didn’t come about The proposed cut will stymie private sector minute rule. easily. We saved that by going line by patent reliant industries, undercut job growth No amendment to the bill shall be in line the best that we could in the time and creation and further delay the develop- order except those received for printing that we had to find program changes, ment of potentially life-saving pharmaceuticals, in the portion of the CONGRESSIONAL to find budget changes, to find slush as well as other technological improvements. RECORD designated for that purpose funds that we didn’t think were nec- PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD dated at least 1 day before the day of essary, and a lot of other ways that we consideration of the amendment (but Funding Decrease: $1.6 Million saved the $14.8 billion. But we have a no later than February 15, 2011) and pro good bill here, and I am hopeful that Established on the recommendation of the forma amendments for the purpose of the House will support this today. 9/11 Commission, the purpose of the Privacy debate. and Civil Liberties Oversight Board is to estab- One thing that is different from the Each amendment so received may be bill that we thought we were going to lish a watchdog group within the Executive Of- offered only by the Member who sub- fice of the President to help maintain an ap- have on the floor is 1,200 earmarks mitted it for printing or a designee and aren’t there any more. We took out the propriate balance between national security shall be considered as read if printed. and civil liberties. earmarks, nearly $3 billion worth of The Clerk will read. earmarks. PERIODIC CENSUS AND PROGRAMS The Clerk read as follows: So we have a very clean Defense bill Funding Decrease: $72.9 Million H.R. 1 here for you today. I know that there The Census Bureau is in the process of Be it enacted by the Senate and House of Rep- are many who would like to have more, resentatives of the United States of America in completing the decennial census as required Congress assembled, and there are more things we could do. We could reach out into the future, but by the Constitution. The results of the census SECTION 1. TABLE OF CONTENTS. will be used to enforce the requirements of the The table of contents for this Act is as fol- the world we live in today shows a Voting Rights Act and the constitutional doc- lows: growing deficit, and it is important trine of ‘‘one person, one vote.’’ Curtailing the Division A—Department of Defense Appro- that we are willing to contribute to work of the Census at this moment would be priations Act, 2011 solving it. It is crucial to the future of injurious to the protection of the right to vote. Division B—Full-Year Continuing Appropria- this Nation that we solve this deficit ELECTION ASSISTANCE COMMISSION AND FEDERAL tions for Fiscal Year 2011 problem, because if we don’t, I hate to ELECTION COMMISSION Division C—Stimulus Rescissions think what might happen to our econ- Division D—Miscellaneous Provisions. omy, what might happen to our cur- Funding Decrease: $6 Million SEC. 2. REFERENCES. rency, what might happen to our These commissions safeguard the election Except as expressly provided otherwise, standing in the economy of the world. any reference to ‘‘this Act’’ contained in di- process, promote transparency, fight corrup- I would ask the Members, if this bill tion, and protect our citizen’s right to vote. The vision A of this Act shall be treated as referring only to the provisions of that division. came on the floor during Jack Mur- Republican budget cut undermines this critical tha’s chairmanship, we would have Mr. YOUNG of Florida. Mr. Chair- process and fundamental right. probably passed this bill in about 10 FAMILY PLANNING TITLE X man, I move to strike the last word. The CHAIR. The gentleman is recog- minutes. That is the way that he did Funding Decrease: $317 Million nized for 5 minutes. business when he was in the majority. Title X is the nation’s cornerstone family- Mr. YOUNG of Florida. Mr. Chair- We didn’t quite do that. We have an open rule. We have an open rule here planning program for low-income women. Cur- man, Chairman ROGERS deserves an rently, this program receives $317 million. awful lot of credit for having been able that anybody can offer an amendment H.R. 1 would eliminate all funding for this es- to put together this H.R. 1, that saves that is germane to the bill. If it makes sential program. $100 billion over what many expected it better, fine, we will agree to it. If it doesn’t make it better, we will not RESTRICTIVE PROVISIONS we would spend this year. The largest agree to it. We understand that there REINSTATEMENT OF GLOBAL GAG RULE part of this bill is the defense part. The are some that will be subject to a point H.R. 1 would reinstate the global gag rule defense part of this bill is not a CR. It of order, and we will raise those points that bars USAID funds from overseas health is not a continuing resolution. It is an of order, but we will allow the Member centers unless they agreed not to use their actual, honest-to-God appropriations that offers the amendment to discuss it own, non-U.S. funds for abortion services. bill, one that under the leadership of before we raise the point of order as a President Obama repealed this harmful Bush- Chairman DICKS during last year we courtesy to them. era policy during his first week in office, after put together; the subcommittee eight years during which thousands of women worked hard, many hearings, a really Anyway, again, I want to congratu- and families in need of public-health services good bill. We worked with our Senate late Mr. DICKS for the work that he did were turned away from underfunded clinics. counterparts and we had agreement on during the time that he was chairman. H.R. 1 also contains various restrictive rid- this bill. As he said in the general debate, he and I have worked together for over 30 ers, including: b 1530 1. a restriction on court review of regulations years on the national security and in- intended to protect endangered grey wolves We had agreement on this bill from telligence affairs of our Nation. He is 2. a restriction on the Environmental Protec- the Defense Department, and we were very honorable, a very hardworking in- tion Agency’s ability to regulate greenhouse just really disappointed that here we dividual, very much determined to do a gases and clean water are 5 months into the fiscal year and good job for our Nation; and he shares 3. a restriction that forbids the transfer of we are just now getting this bill to the the same feeling that I have here that Guantanamo Bay detainees to the United floor. It is no fault of Chairman DICKS. while we may have to make reductions States for prosecution He worked hard, and I know the pres- and have to come up with savings, we This substantial list gives an idea of the sures that he tried to apply and that I will not approve anything that has an broad-ranging adverse impact that these Re- tried to apply to get permission to put adverse effect on the warfighter. We

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H829 will not do anything that has an ad- Training Corps; and for payments pursuant NATIONAL GUARD PERSONNEL, AIR FORCE verse effect on the readiness of our na- to section 156 of Public Law 97–377, as For pay, allowances, clothing, subsistence, tional security effort. amended (42 U.S.C. 402 note), and to the De- gratuities, travel, and related expenses for It is a commitment that I made partment of Defense Military Retirement personnel of the Air National Guard on duty Fund, $27,105,755,000. many years ago and that Mr. DICKS under section 10211, 10305, or 12402 of title 10 RESERVE PERSONNEL, ARMY made many years ago. When we made or section 708 of title 32, United States Code, For pay, allowances, clothing, subsistence, or while serving on duty under section these cuts we did not affect the gratuities, travel, and related expenses for 12301(d) of title 10 or section 502(f) of title 32, warfighter. We didn’t cut his pay. One personnel of the Army Reserve on active United States Code, in connection with per- of the largest portions of our Defense duty under sections 10211, 10302, and 3038 of forming duty specified in section 12310(a) of bill is military personnel, the cost of title 10, United States Code, or while serving title 10, United States Code, or while under- salaries. We did not cut that. We didn’t on active duty under section 12301(d) of title going training, or while performing drills or get into that at all. 10, United States Code, in connection with equivalent duty or other duty, and expenses The CHAIR. The time of the gen- performing duty specified in section 12310(a) authorized by section 16131 of title 10, United tleman has expired. of title 10, United States Code, or while un- States Code; and for payments to the Depart- dergoing reserve training, or while per- The Clerk will read. ment of Defense Military Retirement Fund, forming drills or equivalent duty or other $3,060,098,000. The Clerk read as follows: duty, and expenses authorized by section TITLE II DIVISION A—DEPARTMENT OF DEFENSE 16131 of title 10, United States Code; and for APPROPRIATIONS ACT, 2011 payments to the Department of Defense Mili- OPERATION AND MAINTENANCE The following sums are appropriated, out tary Retirement Fund, $4,333,165,000. OPERATION AND MAINTENANCE, ARMY of any money in the Treasury not otherwise RESERVE PERSONNEL, NAVY For expenses, not otherwise provided for, appropriated, for the fiscal year ending Sep- For pay, allowances, clothing, subsistence, necessary for the operation and maintenance tember 30, 2011, for military functions ad- gratuities, travel, and related expenses for of the Army, as authorized by law; and not ministered by the Department of Defense personnel of the Navy Reserve on active duty to exceed $12,478,000 can be used for emer- and for other purposes, namely: under section 10211 of title 10, United States gencies and extraordinary expenses, to be ex- TITLE I Code, or while serving on active duty under pended on the approval or authority of the Secretary of the Army, and payments may MILITARY PERSONNEL section 12301(d) of title 10, United States Code, in connection with performing duty be made on his certificate of necessity for MILITARY PERSONNEL, ARMY specified in section 12310(a) of title 10, United confidential military purposes, For pay, allowances, individual clothing, States Code, or while undergoing reserve $33,306,117,000. subsistence, interest on deposits, gratuities, training, or while performing drills or equiv- OPERATION AND MAINTENANCE, NAVY permanent change of station travel (includ- alent duty, and expenses authorized by sec- For expenses, not otherwise provided for, ing all expenses thereof for organizational tion 16131 of title 10, United States Code; and movements), and expenses of temporary duty necessary for the operation and maintenance for payments to the Department of Defense of the Navy and the Marine Corps, as author- travel between permanent duty stations, for Military Retirement Fund, $1,940,191,000. members of the Army on active duty, (except ized by law; and not to exceed $14,804,000 can RESERVE PERSONNEL, MARINE CORPS members of reserve components provided for be used for emergencies and extraordinary elsewhere), cadets, and aviation cadets; for For pay, allowances, clothing, subsistence, expenses, to be expended on the approval or members of the Reserve Officers’ Training gratuities, travel, and related expenses for authority of the Secretary of the Navy, and Corps; and for payments pursuant to section personnel of the Marine Corps Reserve on ac- payments may be made on his certificate of 156 of Public Law 97–377, as amended (42 tive duty under section 10211 of title 10, necessity for confidential military purposes, U.S.C. 402 note), and to the Department of United States Code, or while serving on ac- $37,809,239,000. Defense Military Retirement Fund, tive duty under section 12301(d) of title 10, OPERATION AND MAINTENANCE, MARINE CORPS $41,042,653,000. United States Code, in connection with per- For expenses, not otherwise provided for, forming duty specified in section 12310(a) of MILITARY PERSONNEL, NAVY necessary for the operation and maintenance title 10, United States Code, or while under- For pay, allowances, individual clothing, of the Marine Corps, as authorized by law, going reserve training, or while performing $5,539,740,000. subsistence, interest on deposits, gratuities, drills or equivalent duty, and for members of permanent change of station travel (includ- the Marine Corps platoon leaders class, and OPERATION AND MAINTENANCE, AIR FORCE ing all expenses thereof for organizational expenses authorized by section 16131 of title For expenses, not otherwise provided for, movements), and expenses of temporary duty 10, United States Code; and for payments to necessary for the operation and maintenance travel between permanent duty stations, for the Department of Defense Military Retire- of the Air Force, as authorized by law; and members of the Navy on active duty (except ment Fund, $612,191,000. not to exceed $7,699,000 can be used for emer- members of the Reserve provided for else- RESERVE PERSONNEL, AIR FORCE gencies and extraordinary expenses, to be ex- where), midshipmen, and aviation cadets; for For pay, allowances, clothing, subsistence, pended on the approval or authority of the members of the Reserve Officers’ Training gratuities, travel, and related expenses for Secretary of the Air Force, and payments Corps; and for payments pursuant to section personnel of the Air Force Reserve on active may be made on his certificate of necessity 156 of Public Law 97–377, as amended (42 duty under sections 10211, 10305, and 8038 of for confidential military purposes, U.S.C. 402 note), and to the Department of title 10, United States Code, or while serving $36,062,989,000. Defense Military Retirement Fund, on active duty under section 12301(d) of title OPERATION AND MAINTENANCE, DEFENSE-WIDE $25,912,449,000. 10, United States Code, in connection with (INCLUDING TRANSFER OF FUNDS) MILITARY PERSONNEL, MARINE CORPS performing duty specified in section 12310(a) For expenses, not otherwise provided for, For pay, allowances, individual clothing, of title 10, United States Code, or while unnecessary for the operation and maintenance subsistence, interest on deposits, gratuities, dergoing reserve training, or while per- of activities and agencies of the Department permanent change of station travel (includ- forming drills or equivalent duty or other of Defense (other than the military depart- ing all expenses thereof for organizational duty, and expenses authorized by section ments), as authorized by law, $30,210,810,000: movements), and expenses of temporary duty 16131 of title 10, United States Code; and for Provided, That not more than $50,000,000 may travel between permanent duty stations, for payments to the Department of Defense Mili- be used for the Combatant Commander Ini- members of the Marine Corps on active duty tary Retirement Fund, $1,650,797,000. tiative Fund authorized under section 166a of (except members of the Reserve provided for NATIONAL GUARD PERSONNEL, ARMY title 10, United States Code: Provided further, elsewhere); and for payments pursuant to For pay, allowances, clothing, subsistence, That not to exceed $36,000,000 can be used for section 156 of Public Law 97–377, as amended gratuities, travel, and related expenses for emergencies and extraordinary expenses, to (42 U.S.C. 402 note), and to the Department of personnel of the Army National Guard while be expended on the approval or authority of Defense Military Retirement Fund, on duty under section 10211, 10302, or 12402 of the Secretary of Defense, and payments may $13,210,161,000. title 10 or section 708 of title 32, United be made on his certificate of necessity for MILITARY PERSONNEL, AIR FORCE States Code, or while serving on duty under confidential military purposes: Provided fur- For pay, allowances, individual clothing, section 12301(d) of title 10 or section 502(f) of ther, That of the funds provided under this subsistence, interest on deposits, gratuities, title 32, United States Code, in connection heading, not less than $31,659,000 shall be permanent change of station travel (includ- with performing duty specified in section made available for the Procurement Tech- ing all expenses thereof for organizational 12310(a) of title 10, United States Code, or nical Assistance Cooperative Agreement movements), and expenses of temporary duty while undergoing training, or while per- Program, of which not less than $3,600,000 travel between permanent duty stations, for forming drills or equivalent duty or other shall be available for centers defined in 10 members of the Air Force on active duty (ex- duty, and expenses authorized by section U.S.C. 2411(1)(D): Provided further, That none cept members of reserve components pro- 16131 of title 10, United States Code; and for of the funds appropriated or otherwise made vided for elsewhere), cadets, and aviation ca- payments to the Department of Defense Mili- available by this Act may be used to plan or dets; for members of the Reserve Officers’ tary Retirement Fund, $7,511,296,000. implement the consolidation of a budget or

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H830 CONGRESSIONAL RECORD — HOUSE February 15, 2011 appropriations liaison office of the Office of sions at a cost of about $75 million. whether or not a board is necessary or the Secretary of Defense, the office of the This amendment would achieve the ap- is doing some positive function for the Secretary of a military department, or the proximate savings that Secretary Department of Defense. We’d like to service headquarters of one of the Armed Gates sought for FY 2011 that would have time to look into that. Forces into a legislative affairs or legislative We agree with the gentleman that we liaison office: Provided further, That equal $18.75 million. That is 25 percent $8,251,000, to remain available until ex- of the $75 million over time. I certainly should find all the savings, all the pended, is available only for expenses relat- don’t have any problems with the var- waste we can, and we did. We reduced ing to certain classified activities, and may ious panels from which the Defense De- the request for this year by the $14.8 be transferred as necessary by the Secretary partment seeks counsel, but I am sure billion. I think we did a pretty good of Defense to operation and maintenance ap- there is some waste there. That is why job. propriations or research, development, test Secretary Gates has targeted a 25 per- On the gentleman’s comment about and evaluation appropriations, to be merged cent reduction. the process, I had the privilege of serv- with and to be available for the same time I realize the amount of savings in ing as chairman of this Appropriations period as the appropriations to which trans- Committee for 6 years. I never brought ferred: Provided further, That any ceiling on this amendment is relatively small compared to the overall defense budg- an appropriations bill to the floor the investment item unit cost of items that under a closed rule. It was 6 years that may be purchased with operation and main- et, but I think the point has to be made any germane amendment could be of- tenance funds shall not apply to the funds here that the defense budget is not sac- fered. described in the preceding proviso: Provided rosanct. We can’t say if it is defense, it further, That the transfer authority provided Mr. DICKS. Will the gentleman is all good; that there is no waste here, yield? under this heading is in addition to any we can’t cut any. So it is important to other transfer authority provided elsewhere Mr. YOUNG of Florida. I yield to the in this Act. look for ways we can actually save. gentleman. In fiscal year 2010, more than $1 tril- AMENDMENT NO. 370 OFFERED BY MR. FLAKE Mr. DICKS. I, first of all, want to lion was spent on discretionary spend- thank the gentleman for his very kind Mr. FLAKE. Mr. Chairman, I offer an ing. The Department of Defense re- amendment. comments earlier. ceived more than $508 billion of that. This amendment cuts $18.75 million The CHAIR. The Clerk will designate Certainly in a Federal agency that re- from operations and maintenance De- the amendment. quires the largest budget, this is the fense-wide to reduce boards and com- The text of the amendment is as fol- Federal agency that has the largest missions. Well, I think things like the lows: budget, there is going to be some waste Defense Science Board are very impor- Page 9, line 15, after the dollar amount, in- and inefficiencies. tant. We have a number of commis- sert ‘‘(reduced by $18,750,000)’’. sions that are looking into acquisition b 1540 Page 359, line 6, after the dollar amount, reform that are trying to help us save insert ‘‘(increased by $18,750,000)’’. This is a great place to start. This is money, help us get our acquisition The CHAIR. The gentleman from Ari- a proposal that came from the Defense straightened out. zona is recognized for 5 minutes. Secretary himself, one that wasn’t in- So I agree with the gentleman. I Mr. FLAKE. I thank the chairman. I cluded in the underlying bill, and one think we should strongly oppose this just want to say a few words about the that will be addressed in the FY 2012 amendment, and I yield back to the process here. budget, according the documents re- gentleman. It is refreshing to so many of us to leased yesterday. In fact, according to Mr. YOUNG of Florida. I thank the come to the House with an open rule. the Defense Department, it intends to gentleman for his comments. Like I There are some Members who have achieve a savings of more than a bil- said, the subcommittee would really been part of this body for 4 years now lion dollars in FY 2012 simply by elimi- like an opportunity to really review and have not been allowed the oppor- nating internally produced reports and this to make sure that we don’t make tunity to offer one amendment on the reducing funding for the types of stud- a mistake and cut something that is floor because of the absence of open ies that I’m talking about here. important. rules. So we are going to have a num- I applaud the Department’s willing- Mr. Chairman, I yield back the bal- ber of amendments offered here, and ness to talk about cuts in its own budg- ance of my time. this is just a great process. et. I urge my colleagues to adopt the Ms. LEE. Mr. Chairman, I move to I also want to commend the Appro- same willingness here. If the Defense strike the last word. The CHAIR. The gentlewoman from priations Committee for the hard work Department is willing to find savings, that it took to get the level of savings California is recognized for 5 minutes. we ought to be able to do that here as Ms. LEE. I rise today in support of that we are in the legislation and what well. We need to reduce this account the bipartisan Flake amendment, No. a positive step, as was mentioned, it which funds boards and commissions 370, to cut $18.75 million from the De- was to cut out the earmarks. There are and the studies they produce by $18.75 fense-wide operations and maintenance no earmarks in this bill. That is a won- million. budget at the Pentagon. derful thing. We can actually talk Again, passing this amendment will In my opinion, any discussion about more about the substance and less reduce funding that will not impact the getting our fiscal house in order must about just pet projects on the side. warfighter. It won’t impact the war in begin with a real discussion about re- This amendment would reduce by Afghanistan or the war still going on ducing the bloated size of the Pentagon $18.57 million the operations and main- in Iraq. This would simply signal that budget and ending the war in Afghani- tenance defense-wide account. It would this body is willing to cut where we stan. And if we are really serious about send the money to the spending reduc- can cut without affecting the necessary reducing the deficit, we should be cut- tion account. We are often told that protections that we have in the Depart- ting Defense to the 2008 levels rather when we offer amendments like this on ment of Defense. than cutting domestic discretionary the floor, it is not going to save any The CHAIR. The time of the gen- spending to 2008 levels. money. This one does. The money that tleman has expired. We’re talking about a $750 billion is saved here will go to the spending re- Mr. YOUNG of Florida. Mr. Chair- budget. But the Republican continuing duction account. man, I rise in opposition to the gentle- resolution fails to cut the Pentagon Last August, Secretary Gates or- man’s amendment. budget, and it really increases it by dered a review of all outside boards and The CHAIR. The gentleman is recog- more than $8 billion this year. This commissions that provide advice and nized for 5 minutes. will put families and teachers and cops studies to the Defense Department Mr. YOUNG of Florida. Mainly, what and children out on the street. These with an eye toward eliminating unnec- I’m opposed to is the fact we’re not cuts will not come close to ending the essary entities and cutting funding for sure what boards or commissions this deficit, will only hurt our economy, the studies that they produce by 25 per- amendment would deal with. I think won’t create any jobs, and given the cent. it’s probably a good idea, but I think fact that our economy is on the verge According to CRS, the Department of the subcommittee will really like to of recovery, we should be doing every- Defense funds 65 boards and commis- have an opportunity to investigate thing in our power to create jobs. A

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H831 nearly $700 million cut to food for deep and painful cuts reflects an unfor- 41 days and have brought up zero bills women, infants, and children during tunate reality that we are putting to create jobs. These mindless cuts the height of a recession is really bombs and missiles and wasteful Pen- mean 1 million job cuts: no jobs for heartless and cold. This cut will not tagon spending first rather than cre- nurses, no jobs for teachers, no jobs for balance the budget and it will certainly ating jobs for people who deserve to police, no jobs for firefighters, no jobs not magically reduce the number of live the American Dream. for manufacturing, and no jobs for hungry children and families across the I yield back the balance of my time. small businesses. country. Mr. POMPEO. Mr. Chairman, I move Even worse than what the Repub- Republicans want to cut billions of to strike the requisite number of licans are doing to American workers dollars in education programs that im- words. is what they are doing to America’s pact students at every level, from pre- The CHAIR. The gentleman from children. This bill will cut funding for school to graduate school, starting Kansas is recognized for 5 minutes. education programs by over $10 billion, with $1.1 billion in terms of a cut for Mr. POMPEO. I yield to the gen- or 16 percent, which is the largest edu- Head Start. That’s going to hurt mil- tleman from Arizona (Mr. FLAKE). cation cut in history. lions of needy preschoolers. Gutting Mr. FLAKE. I thank the gentleman The Individuals with Disabilities the Federal Supplemental Education for yielding. Education Act, IDEA, State grants will Opportunity Grants by $757 million will Let me just say it was asked which be slashed by $557 million, shifting to really end the dreams of needy college boards and commissions are there States and local districts the costs of students to be first in their families to which this would cut. There are some educating 324,000 students with disabil- earn a college or university degree. Re- 65 boards and commissions. Some are ities, therefore increasing local tax publicans are willing to risk the fu- blue ribbon panels. The biggest three burdens and killing over 7,000 edu- tures of millions of needy students. are the Defense Policy Board, the De- cation jobs. Republican cuts to cost-effective and fense Science Board, and the Defense Pell Grants. Pell Grants will be cut critical programs like Community Business Board. by $5.6 billion, making it more difficult Health Centers are a prime example of But let me say, again, what this for low- and middle-income families to what is really wrong with this one- amendment does is simply moves for- pay for college. These cuts would sided approach to the budget. Smart ward what the Secretary of Defense has eliminate or reduce aid for almost 1.5 investments in improving access to pri- already identified as savings that he million students. mary care and preventive health serv- would like to achieve. He has said that Head Start. Head Start would be cut ices, especially through low-cost pro- they want to cut 25 percent of the by over $1 billion, leading to the elimi- grams like the Community Health Cen- budget for these boards and commis- nation of enrollment slots for 127,000 ters, are the most effective way to re- sions. poor children and the potential loss of duce the long-term costs of health care The Secretary put this report out in over 14,000 jobs. in our country and to reduce the def- August of last year, so it seems that he No one who votes for this bill could icit. Republican attempts to cut sup- intended this for the FY 2011 cycle. ever have the audacity to say they care port for maternal and child health, $50 That’s what we’re in right now. We’re about our children. million; family planning, $317 million; simply doing what, in my view, the Republicans are wearing their hearts State funds for Health Access Grants, Secretary of Defense has asked us to do on their sleeves a day after Valentine’s $75 million, worsens the health of chil- or what he is going to carry through. Day, but they don’t care about children and families, increases the rates If we can’t do this on Defense or on dren. They don’t care about working of chronic diseases, and does nothing to other wasteful spending, where can we middle class families, and they don’t reduce the deficit. do it? This is a great place to start. We care to follow the rules of the road. In- As a member of the Appropriations should get this done now because it’s stead, Republicans want to make you Committee, we see these budgets come going to be tackled later on. Why not pay. They want to make you pay for to us each and every day, and we know get a head start and do it in the FY Big Oil’s $1 billion subsidies, make you the impact of what these cuts will do 2011 budget. If we’re trying to realize pay for higher drug prices, make you to the majority of Americans who are the savings that we’re trying to real- pay taxes to start your small business, just struggling to survive through this ize, let’s take these boards and com- make you pay for CEO salaries, and downturn. We’re in the middle of a missions that the Secretary of Defense make you and your children go it housing crisis, and we are struggling to has already said we should cut by 25 alone. correct this. We’re seeing unprece- percent and give them what he asked So, Mr. Chairman, in closing, I op- dented demand for housing assistance for. pose this bill. Republicans want you to and a near standstill in private con- keep paying for their war and tax cuts b 1550 struction of affordable housing. Repub- for the ultra-rich while they cut jobs, licans somehow believe that this would Mr. POMPEO. Reclaiming my time, services, and schools. This is not fiscal be a good time to make massive cuts to it is the case that Mr. FLAKE’s amend- discipline. This is fiscal insanity. rental assistance that keeps countless ment addresses a very important issue, I yield back the balance of my time. families from suffering homelessness. and that’s duplicative processes and Mr. GRIJALVA. Mr. Chairman, I They want to dramatically cut Com- duplicative agencies. As a former sol- move to strike the last word. munity Development Funds and the dier, there is nothing I care more about The CHAIR. The gentleman from Ari- Public Housing Capital Fund, which in- than making sure we take care of our zona is recognized for 5 minutes. vests Federal dollars in creating des- airmen, our sailors, our marines. I Mr. GRIJALVA. I rise in support of perately needed new affordable hous- think it is a great place to start to the amendment that Mr. FLAKE has ing. make sure we do just that by elimi- proposed, and I rise in strong opposi- Worse, these cuts will do nothing to nating this from the Department of De- tion to the underlying CR. create jobs or jump-start the economy. fense appropriations bill. Mr. Chairman, the consequence of They are the wrong prescription for I yield back the balance of my time. this whole discussion about dealing what ails our country, and we need to Mr. HONDA. Mr. Chairman, I move with the deficit and the budget reduc- go back to the drawing board. The to strike the last word. tion that is being recommended by the Flake amendment will cut over $18 The CHAIR. The gentleman from Republicans is going to be jobs. If you million from Defense, which is an ex- California is recognized for 5 minutes. look at what is being proposed, the cellent beginning, but only a begin- Mr. HONDA. I rise in support of this other side has had nearly 2 months but ning. amendment. I am opposed to this con- has brought zero bills that create jobs. So, in closing, let me just remind our tinuing resolution and to the Repub- These cuts amount to 1 million jobs friends on the other side of the aisle licans’ ‘‘no jobs’’ agenda. that will be lost. that budgets really are moral docu- Mr. Chairman, the American people There will be no jobs for nurses. $51 ments. They reflect our values and who want a recovery that supports jobs. Re- million will be cut from the National we are as Americans. Proposing these publicans have controlled the House for Park Service; that is a loss of jobs. $256

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H832 CONGRESSIONAL RECORD — HOUSE February 15, 2011 million will be cut from State and Fed- Ms. FUDGE. Mr. Chairman, I move to a small beginning, a very small begin- eral law enforcement; that is the local strike the last word. ning, to cutting wasteful Pentagon police that will be cut. $889 million will The CHAIR. The gentlewoman from spending. But Mr. Chair, this entire be cut from renewable energy pro- Ohio is recognized for 5 minutes. continuing resolution is bad for the grams; those are jobs creating solar Ms. FUDGE. I rise to support Mr. economy and bad for this country. It’s panels and outfitting and retrofitting FLAKE’s amendment because saving $18 all a part of the Republican no jobs for homes so they will be energy-efficient. million from defense is a great start; America agenda. $1 billion will be cut from the National but I do, indeed, oppose the underlying The majority has no interest in doing Institutes of Health, which will be a Republican continuing resolution. anything whatsoever to help the 9 per- loss of jobs in research and in providing Mr. Chairman, this resolution threat- cent of Americans who are out of work. direct public health care to the Amer- ens jobs, American innovation, and They’ve controlled the House for just ican citizens. $1.3 billion will be cut jeopardizes investments that will re- about 6 weeks, and they’ve not brought from community health centers; that build America. up a single bill that would create a sin- means no jobs and increased costs in As a member of the Science, Space, gle job. They’ve brought up a bill that the emergency rooms, where people and Technology Committee, I believe would continue to shred our civil lib- with very acute illnesses will be—peo- that innovation will lead our Nation erties. They’ve brought up a bill that ple who will not be able to find health and our economy forward. We all know will infuse our campaigns with even care because they will have nowhere that basic research and technology de- more corrupting special interest else to go. There will be cuts in rural velopment create jobs and will help money. They’ve brought up a bill that development—a loss of jobs. There will America to win the future. The Repub- would take away guaranteed affordable be a $1.6 billion cut for the Environ- licans have this thing backwards. They health care. But nothing to address mental Protection Agency—a loss of have proposed cutting $2.5 billion to persistent joblessness. Nothing at all jobs. There will be a $96 million cut for fund the National Institutes of Health. to fix the devastating recession that substance abuse and mental health This $2.5 billion to NIH funding will be they caused in the first place. services—a loss of jobs. devastating to the biomedical industry Their mindless cuts don’t do any- One of the realities is that we must that serves as the backbone of Cleve- thing to strengthen America. They’re invest. It has been said over and over land and so many other communities not cutting spending; they’re cutting again that the point of dealing with across the country. jobs. Their agenda means cutting jobs this deficit that we have in this coun- The innovative ways that scientists for nurses, cutting jobs for teachers, try has to be a pragmatic, measured are pursuing solutions to human suf- police officers, small businesses, the process. It has taken us 10 years to get fering with neuroimaging, genomics, very people who form the backbone of into the hole that we are in, and we and the development of novel treat- the middle class of the United States of America. The Speaker of the House need to plan to get out of that with the ments that arise from basic findings himself said this morning that if some same amount of time, if not more. will improve life for all of us. Innova- We also need to talk about revenue jobs are lost as a result of their cuts, tion will cut down on the costs of these generation. We are not going to cut our ‘‘so be it.’’ He might as well have illnesses, lost productivity in the work- way out of this deficit, and you are cer- added, ‘‘Let them eat cake.’’ place, and it will create important ave- tainly not going to cut your way out of The best way to reduce the deficit is nues for new investigations that will this deficit when you are only concen- to put Americans back to work, Mr. trating on 14 or 15 percent of the Fed- create new jobs, new ventures, and new Chairman, but the Republicans’ no-jobs eral budget, which is why I support this industries. plan is all about cutting the very amendment as it is an attempt to deal We must continue to make invest- spending that sustains middle class with defense. ments in America. Our future is in in- families. When they say they want to We must create revenues. We must novation and technology development, cut costs, what they really mean is quit giving huge subsidies to Big Oil and these cuts are not something we they want to cut Social Security, and Big Gas. We must ask mining com- can afford. The loss of funding also Medicare, and Medicaid right out of ex- panies, for once, to begin to pay royal- means the loss of jobs. istence, and on top of cutting their ties on the extractions provided them Where are the jobs? hard-earned benefits, the Republicans by the public lands. We must close the According to a new analysis by the want to make the middle class pay— corporate loopholes that exist that cre- nonpartisan Economic Policy Insti- pay for Big Oil’s big subsidies, pay for ated the financial collapse of housing tute, the Republican CR will cost more higher drug prices, pay for astronom- in this country, and we must ask Wall than 800,000 private and public jobs. Re- ical CEO salaries, for higher taxes to Street to pay its fair share through a publicans have controlled the House for start a small business. transaction fee, which will generate 41 days, nearly 2 months, and have The chairman of the House Budget billions and billions of dollars for the brought up zero bills to create jobs. Re- Committee said yesterday, and I quote taxpayers of this country. publicans want to cut Social Security him, ‘‘What we’re doing here is we’re In order to deal with this deficit, and Medicare. When Republicans say having a great debate in Congress there must be a corresponding genera- they’re cutting costs, they mean cut- about how much spending we should tion of revenue so we can continue to ting Social Security, Medicare and cut. I mean, how cool is that?’’ Well, invest in the things that are important Medicaid until they don’t exist. I’d like to tell him it’s not cool at all, to the American people: their families, The American people want leadership Mr. Chairman, not when you’re asking their lives, their education, their that will create jobs and jump-start struggling families to shoulder the sac- health care, their futures. That is an our Nation’s economy. This careless rifice. Giving a sweetheart deal to cor- investment, and with additional rev- resolution cuts jobs and damages the porate special interests and asking the enue we will be able to begin to cut the economy. middle class to pay for it—not cool at deficit. Again, I do support the amendment all. The continuing resolution is not an by Mr. FLAKE, but the Republican CR The Republicans’ continuing resolu- effort to deal with the deficit. It is a is bad for the American economy, and tion and no-jobs agenda—bad for Amer- calculation to deal with programs and it is bad for Americans. I urge my col- ica, totally uncool. projects that have helped the middle leagues to oppose the Republican CR Ms. SCHAKOWSKY. Madam Chair, I class succeed, poor people survive, the and help put Americans back to work. move to strike the last word. disabled endure. They are programs The Acting CHAIR (Mrs. MILLER of b 1600 and projects that have made this coun- Michigan). The gentlewoman from Illi- try stronger with their support for edu- Ms. WOOLSEY. Mr. Chairman, I nois is recognized for 5 minutes. cation and health care. move to strike the last word. Ms. SCHAKOWSKY. Madam Chair, I I urge all of my colleagues to vote The CHAIR. The gentlewoman from rise in support of the Flake amend- against the continuing resolution. California is recognized for 5 minutes. ment, and I strongly oppose the under- Mr. Chairman, I yield back the bal- Ms. WOOLSEY. I too rise in support lying Republican no-jobs continuing ance of my time. of Mr. FLAKE’s amendment. I see it as resolution.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H833 If people out there have the gnawing should be making things here. We Speed Intercity Passenger Rail Pro- feel that the rich are getting richer and should revive our manufacturing sector gram, and other infrastructure cuts? In the poor are getting poorer, and rather than providing tax breaks that my State of California, we are losing, they’re stuck in the middle and stuck encourage companies to go offshore. just on this bill, almost 50,000 jobs; the getting the bill, the fact of the matter I offered a plan last year as part of total jobs around the country, almost is they’re right. This bill is just an- President Obama’s 18-member National 300,000. Come on. This is not a way to other example of the Republicans’ true Commission on Fiscal Responsibility both cut the deficit and keep our econ- agenda, which is helping out big busi- and Reform to make investments that omy going. ness and the rich while sticking it to get us out of the economic doldrums, I happen to represent a border dis- the middle class and those who aspire boost job creation, and reduce the def- trict. I represent the whole Mexican to it. icit—and not on the backs of low-in- border with California. Madam Chair, The cuts that they’re proposing come and middle-income Americans. I’m sure Mr. FLAKE knows very well would actually cause a devastating We can do it. We need to stop the Re- the border in Arizona, and he knows wave of unemployment at the State publican efforts and protect job-cre- that in this bill, the GSA construction and local level, particularly in the pub- ating programs that benefit the middle and acquisition funding line has been lic sector. The Economic Policy Insti- class and the safety net programs that eliminated—eliminated—$894 million tute has estimated that passage would help the most vulnerable in our society worth. cost us nearly 1 million jobs. Who are because that’s who we are as Ameri- I don’t know about in the State that we talking about? You know, it’s cool cans. Mr. FLAKE represents, but I’ll tell you, these days to go after public sector The Republicans refuse to make the in California, you are eliminating the workers, but what we’re talking about investments necessary to get people are the teachers—I was one once a long several-hundred-million-dollar mod- back to work because they refuse to ernization of two of the biggest border time ago—the teachers who teach our give up tax cuts for millionaires and children and grandchildren, the very crossings in our country and the big- billionaires. Their policies are a pre- gest one in the world. police who keep our streets safe and scription for disaster, one that puts put their lives on the line, and the fire- In my district, 300,000 people cross families, communities, and our Nation the border every day legally—legally— fighters who answer our 9/11 emergency at risk. call. We’re talking about workers who and they’re crossing mainly for jobs Mr. FILNER. Madam Chair, I move and for shopping. We all know we need are the backbone of our communities. to strike the last word. Over the last 2 years, the Democratic to make that far more efficient, that The Acting CHAIR. The gentleman crossing, so people can spend money in Congress and President Obama were from California is recognized for 5 min- successfully able to stave off a second our country and create jobs. You have utes. Great Depression, but we’re still in the eliminated the whole modernization Mr. FILNER. I’m a little dis- moneys out of this budget, and I’m early stages of recovery, unemploy- appointed in the amendment by my ment is still too high at 9 percent, and sure it affects Arizona. friend from Arizona. This is our biggest American families are still suffering. The Otay Mesa crossing where we deficit hawk in the House. He wants to The proposed cuts would cost us 1 mil- have all the commercial crossings in cut $18 million from the Defense budg- lion more jobs, be devastating to our California, gone. The biggest border et. Did I get that number right, Mr. recovery, and hurt Americans trying to crossing in the world in San Ysidro, FLAKE, $18 million? I mean, we’ve got a take care of their families and make gone. Another big one in my district, $612 billion Defense budget. What are ends meet. Calexico, California, gone. you, .000001 percent of the budget? Not Let’s just take a look at some of the We are leaving billions of dollars on good for a Senator from Arizona, Mr. things they want to cut. How about the the table, Madam Chair, for jobs in our FLAKE. National Institutes of Health would be economy. If we don’t have efficient cut $1.6 billion? This is funding that I would say let’s really get at this. Man, you want to cut the budget? Re- border crossings, we don’t have trade. goes to vital medical research, includ- We don’t have shopping. We don’t have ing cures and improved treatments for publican President and Republican Congress funded a whole two wars off the crossings that are legal that we all devastating diseases. High speed rail want to encourage. These moderniza- development, which would provide des- the budget. We’re talking about trillions of dollars added to our deficit. tion programs went directly at that, perately needed jobs, but beyond that, not only in California but in Texas, in You don’t go after those, Mr. FLAKE. reinvigorate a keystone of the Amer- New Mexico, and I’m sure in Arizona. ican infrastructure, it faces $2.5 billion We need you to go after those. We will gladly support you. Eighteen million And yet all those jobs that are created in cuts. by more efficient crossings are now In addition to the important jobs out of a $612 billion budget? I’ll vote for the amendment, and you know, when- thrown away. program, what really hurts is Repub- So the gentleman from Arizona who licans want to put assistance to poor ever I vote for one, you win. But let’s go after some real stuff in wants to give up efficient border cross- families on the cutting board. They ings in his State, you might tell him, want to cut $1 billion for community that Pentagon budget, and let’s not go Madam Chairman, I don’t think that’s health centers, the only access to after jobs as this underlying bill does. a good way to run for the Senate. Tak- health care for many poor families. Come on. You know, you talked about ing $18 million out of a defense budget And how about $747 million for the jobs the whole campaign. I haven’t of $612 billion is pretty miserly stuff. Women, Infants and Children, the WIC seen a pro-job bill yet from the Repub- It’s not even a good symbol for a guy program? That’s food assistance for licans in this Congress, and yet this running for Senate in the United low-income pregnant women and their bill, H.R. 1, cuts millions of jobs. States. children. The 300,000 beneficiaries in b 1610 my State of Illinois receive a grand av- We should really go after what the erage benefit of $44.62 a month. That’s I am on the Transportation and In- Republicans said they are going after. it, per person, per month, and that frastructure Committee, Mr. FLAKE. I Let’s end the war in Afghanistan, save minimal subsidy would be cut. don’t know if you know about it, but trillions of dollars off the deficit. But House Republicans’ proposals to the cuts to the clean water moneys— more importantly, the cuts that we slash Federal spending programs are ir- ANNOUNCEMENT BY THE ACTING CHAIR have seen in infrastructure in this responsible and indiscriminate, elimi- The Acting CHAIR. Members are ad- country, the cuts we have seen in GSA nating programs that create jobs and vised to address their comments to the are costing hundreds of thousands, if cutting assistance for low-income and Chair, and not to other Members in the not millions, of jobs. This is a job bust- middle class families. There is another second person. er. It should be defeated. way to deal with the deficit and to bal- Mr. FILNER. Madam Chair, did you I yield back the balance of my time, ance our budget. know that the bill cuts millions of jobs Madam Chair. We need to enact a Democratic ini- from our economy, the cuts to the Mr. TONKO. Madam Chair, I rise to tiative to make it in America. We Clean Water Act, the cuts to the High- strike the last word.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H834 CONGRESSIONAL RECORD — HOUSE February 15, 2011 The Acting CHAIR. The gentleman Mr. Speaker, ‘‘so be it’’ isn’t a good such things as the deteriorating fiscal from New York is recognized for 5 min- enough answer for the hardworking conditions which are facing all of the utes. middle class of our country. islands and our ability to maintain the Mr. TONKO. Madam Chair, while I I agree with the President that we momentum that has been made in support the Flake amendment, I oppose must out-innovate, out-educate, and making and sustaining systemic the underlying continuing resolution. out-build the rest of the world. We will changes. The Republicans are here today offer- continue to measure every effort by b 1620 whether it creates jobs, strengthens ing another piece of their ‘‘no jobs’’ These funds also support student agenda, and they are in disarray and the middle class, and reduces the deficit. training programs for high school and are hastily pushing an irresponsible college students, as well as training for and dangerous spending bill that I have submitted eight amendments to this irresponsible Republican spend- insular professionals in financial man- threatens jobs, undercuts American in- agement, accounting and auditing, as novation, and jeopardizes investments ing bill to protect and grow jobs, out- innovate other countries in clean en- well as other programs. in rebuilding America. The program also provides funds to ergy, protect our seniors, and ensure Creating jobs, protecting the middle assist the islands in maintaining ac- quality education for our children. class, and reducing the deficit are, in- creditation for our colleges and univer- I support efforts to balance the budg- deed, my top priorities. We should be sities. What is critical about this mea- et. However, I will not support a spend- working together to accomplish these ger program, which has not seen an in- ing bill that threatens our economic very valid goals. However, Republicans crease in its budget in more than a dec- recovery, that cuts 1 million jobs just have controlled this House for 41 days, ade, is that it is funding that the terri- after we have created 1.2 million pri- nearly 2 months, and brought up zero tories could not get anywhere else in bills to create jobs. The mindless cuts vate sector jobs since last March, and the Federal Government. Sparing this that are on this floor today mean 1 is achieved on the backs of senior citi- very small but essential program from million jobs cut, 1 million jobs cut zens, children, and the working middle the majority’s indiscriminate, meat from our economy—no jobs for nurses, class. cleaver approach to budgeting would do no jobs for teachers, no jobs for police, Republicans have gone too far, sacri- infinitely more good than any harm it no jobs for firefighters, no jobs for ficing Americans’ health, safety, and might cause to the budget. After all, manufacturing, no jobs for small busi- future in order to protect their special the small amount of money we’re talk- nesses. interests while offering no real plan to ing about here does not move the create jobs. meter one blip. You cut the deficit by putting Amer- Madam Chair, the American people ica back to work, not by cutting Social Madam Chair, the people of the terri- are united, and they are saying one tories recognize that the Federal budg- Security. Republicans aim to cut So- thing: Show us the jobs. cial Security and Medicare. When Re- et cannot sustain the path that it’s on, I urge defeat of this bill. and that reductions in spending must publicans say they are cutting costs, I yield back the balance of my time. they mean cutting Social Security, be made. But we have done our part Mrs. CHRISTENSEN. Madam Chair, I and will continue to do our part to re- Medicare, and Medicaid until they move to strike the last word. don’t exist. Ask my seniors in the 21st duce Federal spending. The Acting CHAIR. The gentlewoman As you look at the budget for the ter- Congressional District of New York, from the Virgin Islands is recognized and they’ll tell you to leave alone the ritories, it has not increased in several for 5 minutes. years, and it has been cut for a number Social Security system that has served Mrs. CHRISTENSEN. Madam Chair, I them well. of those years. But the cuts we’re talk- rise in opposition to the Flake amending about in the CR do not only affect Republicans want to make you pay, ment and also to the underlying bill, the territories. In addition to cutting make you pay for Big Oil’s billion-dol- and I join Leader PELOSI and my col- jobs, there are also disastrous cuts that lar subsidies, make you pay for higher leagues on this side of the aisle in call- the Republicans are proposing to drug prices, make you pay taxes to ing this an irresponsible spending bill health-related programs that are crit- start a small business, make you pay that threatens job and economic ical to millions of Americans and are for CEO salaries, let Main Street take growth, hampers our global competi- integral to all of our efforts to achieve a hit while Wall Street gets a bonus. tiveness, and harms the people who are health equity and to eliminate health The American people want Republican hurting the most: the working fami- disparities. These health disparities, leaders to look out for constituents lies, the middle class, and the poor. which we know leave millions of people first, not their corporate friends. This This CR targets vulnerable Ameri- of color, rural Americans, and low-in- careless resolution cuts jobs and dam- cans because it would cut funding for come Americans in poorer health, ages our economy. the things they most desperately need, without reliable access to adequate Just 6 weeks after taking charge of like food stamps, Head Start, and fund- health care, and at greater risk for pre- the House, Republicans are not just ig- ing to heat their homes, all to keep a mature death from preventive causes, noring jobs; they are cutting them, and reckless tea party-driven campaign also cost the Nation a great deal from they admit it. This morning, our spending cuts goal. And at the end of an economic point of view. In fact, we Speaker, Speaker BOEHNER, had a re- the day, these kinds of hurtful cuts know that between 2003 and 2006, the sponse to our concern that this bill de- will never get us a balanced budget, combined direct and indirect cost of stroys—destroys—American jobs. And and they certainly will not secure the health disparities and the subsequent he said, ‘‘So be it.’’ Well, I guess that kind of future we want for our children premature deaths that often result, the he meant, so be it if there are 1,300 and grandchildren. cost was $1.24 trillion. fewer cops on the beat, because this As one of the five representatives of Rather than base budget cuts on bill terminates the COPS hiring pro- the people of the U.S. offshore terri- measures that will save human lives in gram. So be it if there are 2,400 fewer tories as well as the ranking member of addition to precious Federal resources, firefighters on the job protecting their the subcommittee that has jurisdiction the Republicans are instead proposing communities, because this bill elimi- over the territories, I am particularly cuts that will achieve the exact oppo- nates funding for SAFER grants. So be troubled by the painful cuts this CR site. We all know from their efforts to it if there are 20,000 fewer researchers will make to the important programs repeal the landmark health care re- at the National Science Foundation. So that the people of the territories rely form law, a law that has already begun be it if there are 25,000 lost construc- on. to expand access to affordable high tion jobs and 76 construction projects The bill slashes 8.33 percent from the quality health care to more than 30 are canceled in 40 States. So be it if general technical assistance account of million Americans who were in the there are 200,000 children kicked out of the Office of Insular Affairs. Madam ranks of the uninsured, the Repub- Head Start programs, and so be it if Chair, the technical assistance pro- licans either do not care about the im- thousands of teachers will lose their gram provides support not otherwise portance of ensuring that every Amer- jobs. available to the insular areas to fight ican and their families have health

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H835 care coverage, or they do not under- sis we are facing today was inherited outlined and determined that they do stand the value of such coverage in from the Bush administration. Under not need. This will not jeopardize those promoting health, wellness, and thus the previous administration, annual that are in harm’s way. This will not improving life opportunities, or maybe budget surpluses were turned into an- jeopardize military preparedness. This it’s both. nual deficits. It was Vice President is yet one small step. And now, we also know that they Dick Cheney who said deficits don’t We have, I think, over 400 amend- don’t care about or understand the ben- matter. Clearly, that’s a lesson the new ments today, and I’m delighted that efits and the needs for the programs majority has learned well because those on the other side of the aisle are and efforts that will significantly im- while they do cut spending with this in support of the Flake amendment, prove the health and wellness of some CR, this bill will undoubtedly worsen and so we certainly look for its pas- of our Nation’s most vulnerable resi- our budget deficit. Why? Because it sage. dents by reducing the very health dis- will kill hundreds of thousands of jobs. This right now, what we’re talking parities that cost this Nation so much That means more people unemployed. about in terms of reining in spending, in human lives and in money. In fact, The people didn’t send us here to is absolutely what the American people they want to cut more than $1 billion tend to the needs of Wall Street and oil demand. Yes, we’ve had spending on from the Nation’s community health company CEOs. So why does the major- both sides of the aisle. Washington has centers, the very centers that provide ity stand against the plan to end spe- a spending problem. We need to cut medical homes to millions of hard- cial tax earmarks that would actually back on spending. We’re spending $1.48 working Americans whose health care cut the deficit? trillion in deficit spending, and I think needs would be poorly addressed with- We could be discussing how to end the President’s budget actually brings out them, and to cut $210 million from government redtape. For instance, in 5 it up to $1.6 trillion. That’s over $3 mil- maternal and child health block grant years we could save many billions of lion a minute in deficit spending. dollars by allowing Medicare to nego- programs, more than $300 million from b 1630 family planning, and $758 million from tiate lower prescription drug prices for the WIC program, all of which would seniors. But instead, the majority here I come from the private sector. I run have a detrimental impact on the wants to cut the administrative budget a small business. I understand what is health and wellness of women and chil- for Social Security. This plan hurts going on in the private sector, and I dren and young families across this New Yorkers and others all across the can tell you that out-of-control spend- country. country. And it hurts the district that ing in Washington does not send the I urge my colleagues to reject this I represent. Fifteen thousand college right signal and in fact does hurt jobs. budget CR which does nothing to im- students in places like Ithaca and New We have to get our fiscal house in prove the economy and hurts vulner- Paltz will get hurt with the maximum order. This is what this is going to at- able Americans. Pell Grant falling by $800 as the cost of tempt to do, and we certainly know Mr. HINCHEY. Madam Chair, I move college continues to go up for students that out-of-control spending has not to strike the last word. all across America. been the answer. I urge my colleagues The Acting CHAIR. The gentleman And 123,000 low-income pregnant to support the Flake amendment. from New York is recognized for 5 min- women and new moms in New York I yield back the balance of my time. utes. will get less assistance with the pre- Ms. WATERS. Madam Chair, I move Mr. HINCHEY. Yesterday, as we and postnatal nutrition they need. to strike the last word. know, was Valentine’s Day, but the That will happen to thousands and The Acting CHAIR. The gentlewoman majority here in Washington is show- thousands of others all across the from California is recognized for 5 mining no love for the families throughout country. utes. the district that I represent and all Nearly 2 million New Yorkers who Ms. WATERS. Madam Chair, I rise to across the rest of this country. apply for LIHEAP this year will find it address what I consider very serious The new majority said they would harder to heat their homes next year, problems with this continuing resolu- cut wasteful spending. But instead as will so many thousands of others tion and this defense budget and the they’re slashing jobs for police officers, across the country. lack of attention to jobs. jobs for firefighters, jobs for teachers, Job training programs like Job Corps I am going to talk about something and many other jobs, all across the in Sullivan County, which will help that’s quite unpopular. We all know country. high school dropouts get the training that we have 9 percent unemployment They told us they would work to they need to get good jobs, will get cut in this country, which is significant. eliminate needless layers of bureauc- out too. We all know that communities all over racy, but instead they’re cutting heat- Like a blindfolded child at a pinata America are suffering, not simply rural ing assistance for the elderly, food aid party, this continuing resolution takes communities, not simply suburban for young mothers and infants, and col- a bat to all the wrong things at exactly areas, not simply inner cities. But peo- lege aid for 15,000 students in the dis- the wrong time. I would urge my col- ple are hurting, having lost their jobs, trict that I represent and hundreds of leagues to oppose it. all over America. thousands of other students all across Stand up for the American people. In some communities, it’s not 9 per- the country. Stand up for a real plan to reduce the cent, it’s not 10 percent, it’s not even 15 They said they would focus on the deficit, and fight to save the jobs this or 20 percent. We have communities in economy, but instead, they’re elimi- country needs so desperately. America where there is 30 and 40 per- nating energy research and develop- Mr. DOLD. Madam Chair, I move to cent unemployment. ment that we need to create green jobs strike the last word. There are those who would like to and compete with other countries The Acting CHAIR. The gentleman say, well, that’s in those urban areas. around the world. They’re sending the from Illinois is recognized for 5 min- No, it is not simply in urban areas. We workers home on 76 high-speed rail utes. have poor rural communities that have projects underway in 40 states, all very Mr. DOLD. Madam Chair, I appre- Representatives who come here every necessary. This hurts real people. It ciate the opportunity to be here. I rise day talking about they are rep- does nothing to address our long-term in support of the Flake amendment and resenting them, when in fact they deficit, and middle class families are know that we, at this point in time, never speak to the needs of those com- the ones who pay the price. The Amer- the American public has asked us to munities. They don’t talk about the ican people don’t want more hidden tighten our belt. We have to do so. And lack of health care that people have cuts and budgets tricks. We need a I believe we have to talk and look at had to endure for so many years, the plan. We need a solid, secure positive every single department, including the inability for people in these rural com- plan. Department of Defense. This specific munities to access clinics. Some of us The national debt we hold today was amendments deals with a very small are fighting for all people, not only the not created over the last 2 years, as amount in the Department of Defense, cities and the towns, but these rural some people are saying. The fiscal cri- one that Secretary Gates has already areas that are being hurt so badly.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H836 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Now, it is not popular to even use the Ms. CHU. Madam Chair, I rise in op- to see the words ‘‘Made in America’’ word ‘‘poor.’’ As a matter of fact, you position to this amendment because it again. hear over and over again about con- doesn’t do anything to create jobs. Of The American people voted for jobs, cerns for the middle class. Of course, course, I shouldn’t be surprised. Over and all they are getting with this gut- we are all concerned for the middle the last 6 weeks since the Republicans ting and slashing funding proposal are class. But who represents the poor peo- took over control of the House, they pink slips. This is a heartless and care- ple in America these days? There are haven’t created a single job. In fact, less plan that cuts real American jobs some of us who do, and proudly so, and they haven’t even put a single jobs bill and hurts real American families. we are referred to as ‘‘big spenders.’’ on the House floor. I yield back the balance of my time. Tax and spend, they say. And they With this mindless job-killing Repub- b 1640 don’t talk about the poverty in their lican spending bill, they are hurting own community. the American people. This bill sense- Mr. GARAMENDI. Madam Chair, I But let me just tell you, with this lessly cuts over 1 million jobs at a time move to strike the last word. continuing resolution the CDBG, Com- when we need them most, at a time The Acting CHAIR. The gentleman munity Development Block Grant, when we can least afford it. This is from California is recognized for 5 min- money is going to hurt all of these nothing more than a Republican pink utes. communities across America. Many of slip for America. Mr. GARAMENDI. Madam Chair, the these Representatives who support cut- This bill doesn’t get our broken amendment before us is a start. Eight- ting CDBG from $4.45 billion down to American economy back on track. In- een million dollars out of $720 billion is $1.5 billion are going to hurt their cit- stead, Republicans are hitting Amer- a start. You might take it one step for- ies. Their mayors are absolutely going ican workers where it hurts. These ward and let’s end the war in Afghani- nuts about what is happening with the merciless Republican cuts mean, if you stan where we’re spending $120 billion cutting of CDBG, the last block grant work in manufacturing, no jobs; if you and another $30 billion or so in Iraq. funding that they can depend on to as- are a cop, no jobs; if you are a nurse, no Now we’ve got some real money to talk sist with economic development that jobs; if you are a teacher, no jobs; if about. helps to create jobs in America. you are a firefighter, no jobs; if you are Because this is a start, I find that it’s You hear a lot about that we care a construction worker, no jobs. an unworthy start, and, therefore, I op- about jobs. Well, we know what people Republicans aren’t just ignoring jobs. pose the amendment. However, the real care about jobs based on where they They are slashing them. And that issue before America is not how we can place their priorities. My friends are means pink slips for Americans across slash and burn in foolish ways that ac- cutting in areas where we could be cre- the country and across almost every tually lose tens of thousands, hundreds ating jobs and have demonstrated that industry. If we aren’t helping real of thousands, indeed a million jobs in they have zero bills to create jobs. The Americans, where is this money going? the next 7 months, which is the pro- mindless cuts that they are proposing Right into the pockets of big defense posal before us with this continuing means 1 million job cuts: no jobs for contractors. resolution that the Republican Caucus nurses, teachers, police, firefighters, While Americans across the country has put on the floor. It seems to me manufacturing, small businesses. are finding themselves out of work due that if we wanted to create jobs, we We need to put America back to to mindless Republican spending cuts, certainly wouldn’t, as a first step, lose work, and we can do this if we are sen- the military industrial complex will a million jobs in virtually every sector sible, if we are targeting the cuts in actually be making more money. of the economy: areas that can take it. While they slash jobs and safety net Teachers that are providing services Why are we spending the amount programs, Republicans are actually infor the early childhood education pro- that we are spending on the military creasing funding to the Department of grams, Head Start, they’ll lose their budget and defense budget when we Defense by $10 billion. This spending is jobs. have those who are telling us—for ex- excessive and way out of proportion Firefighters; 2,400 or more of them ample, Secretary Gates announced his will lose their job across the Nation. intention to terminate the expedi- with the needs of the American people. Even Defense Secretary Gates has The COPS program, which has provided tionary fighting vehicle program and found $100 billion in cuts and savings to jobs for police in our cities, they’ll lose the surface launch medium-range air- the Department of Defense while still their jobs, some 1,300. They just had to-air missile system. Why are we try- men and women from my own district ing to disregard what we have been keeping America safe. That’s the entire come in and say, Why would they want told by the very people who understand cost of the job-killing cuts Republicans to do that? Why would they want to this defense budget better than any- are asking for here today. Instead of expanding our economy take cops off the street? I told them, I body else? No, we want to continue to fund a and growing the middle class, Repub- don’t know. I don’t understand. budget that doesn’t need any funding, licans want to make you, the American I don’t understand this CR. It is the not talking about how we reduce and people, pay. They want to make you most foolish, nonsensical slash-and- eliminate the funding for Afghanistan pay to line the pockets of defense con- burn I have ever seen. I was in the De- and bring our soldiers home and put tractors, make you pay for Big Oil’s partment of the Interior in the mid that money into our own domestic billion-dollar subsidies, make you pay nineties when we actually reduced in a needs. We are talking about somehow for higher drug prices, make you pay thoughtful way over a 4-year period of cutting in ways that they would have taxes to start a small business, make time the number of employees by some people believe that they are helping you pay for CEO salaries, make you 12,000—from 90,000 down to the 70,000 them when in fact they are hurting take a hit while Wall Street gets a range. We did it. And we continued to them. bonus. We need to look out for con- do the services. But you don’t slash and This continuing resolution does noth- stituents first, not corporate friends. burn. You don’t just in a wholesale ing for strengthening the economy. It And this bill isn’t even about reduc- manner carry out a political promise of does nothing for creating jobs. It does ing deficits, because we all know that $100 billion and foist it upon the Amer- nothing for support of those cities who the best way to reduce the deficit is to ican public in this way where we lose a are fighting desperately to hold on to put Americans to work, not carelessly million jobs, where we lose critical opportunities for people who have no- gut government programs. Instead, we services. where else to turn. Not only do we have need to rebuild America and focus on California has been in a water war for the cuts in areas that would create winning the future. generations. We rely upon the Bureau jobs, but also many of these areas are Today’s bill is a choice between cut- of Reclamation. We rely upon recy- faced with foreclosures. ting the deficit or putting Americans cling. We rely upon these programs. Ms. CHU. Madam Chair, I move to back to work, and I am voting for jobs. And yet you slash those, and those are strike the last word. We need to invest in our Nation so that real jobs and real programs to deal The Acting CHAIR. The gentlewoman we can out-innovate, out-educate, and with the water problems in the West. is recognized for 5 minutes. out-build the rest of the world. I want Why would you do that? What’s the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H837 point of that? Why would you go into its, actually—of this plan that is noth- Mr. GUTIERREZ. Madam Chairman, programs where we need to educate? ing other than a plan that undermines I rise to, first of all, support the Flake My daughter is a second grade teach- America’s future. This plan is going to amendment but also to oppose the un- er. She now has 32 kids in her elemen- cause severe job cuts which will hurt derlying bill and the drastic cuts that tary program; an almost impossible our economic recovery. will devastate the most vulnerable citi- situation. And your cuts that you’re It is ironic that as reported in the zens in our Nation. proposing will make that situation Wall Street Journal, a new Wall Street Just to highlight some of these cuts, worse. She cried out to me this week, Journal survey of economists shows the bill will cut $25 million from the Why are they doing that, Dad? I said, that they expect the economy to ex- Ryan White HIV-AIDS Program and for some political promise made in a pand at the fastest pace since 2003—a the Aides Drug Assistance Program, campaign without any thinking about recovery that would be certainly jeop- ADAP. Now, ADAP is a program of last the impact that it has on real human ardized, snuffed out, by this GOP plan. resort for the poorest Americans who beings, real students, who are trying to This is going to cut at least 300,000 pri- don’t qualify for Medicaid or Medicare. get an education. vate sector jobs, according to an anal- Currently there is a waiting list of over My final point is this. There are five ysis by staff at the Transportation and 6,000 people in 10 States to receive ben- things that lead to true economic Infrastructure Committee. These cuts, efits from this program. growth. The best education system in by the way, these 300,000 cuts are less And $850 million in reductions to the the world, and so this CR cuts edu- than half of the total infrastructure CDC, an organization whose first task cation. The best research in the world, cuts in the bill. These Republican cuts is to defend us against disease and in- and so this CR cuts research programs in investments in roads, bridges, tran- fection, $850 million. That is smart. in science, in energy, in health care. sit and rail include a cut of $1.4 billion Let’s just cut and make America more in clean water State revolving loan The best infrastructure, and this CR vulnerable. fund moneys, which is $23 million for cuts infrastructure expenditures. Man- The bill cuts $1.6 billion in funding Georgia; and include a cut of $6.3 bil- ufacturing matters; we have to make it for NIH, so I guess we won’t need any lion in high-speed intercity rail fund- in America. You cut out those pro- research since we are going to let the ing. That’s going to cause people to not grams that assist manufacturing. And, diseases run rampant in America. be able to go out and work to make It goes so far as to say in the District finally, we know that we have to have that investment in America’s future a of Columbia, we are even going to tell an energy policy and you destroy the reality. beginnings of a green energy, self-sus- you how to spend your very last dollar. taining energy program in this Nation. b 1650 But it gets better. Community Why would you do so many foolish A $75 million cut in the TIGER II Health Centers, Community Health things? I don’t get it. Perhaps it’s be- Program, those are transit projects, is Centers, where the most vulnerable are cause your real agenda is the no-jobs what will happen in Georgia, just in treated for their health, $1.3 billion in agenda. the State of Georgia. So we are talking cuts. Community Health Centers will Madam Chair, I yield back the bal- about massive job losses, 300,000 just lose the capacity to serve 11 million pa- ance of my time. with transportation and infrastructure tients over the next year, and well over Mr. JOHNSON of Georgia. I move to projects, Madam Chairman. The con- 3.3 million current patients will lose strike the last word. sequence of that extends into our fu- their care within the next few months. The Acting CHAIR. The gentleman is ture. It is actually strangling the fu- The bill cuts $5 billion from the Pell recognized for 5 minutes. ture of millions of Americans, both Grants. I did hear that there were a lot Mr. JOHNSON of Georgia. Thank working and poor people. of new millionaires elected to the Con- you, Madam Chair. I yield back the balance of my time. gress of the United States, so I imagine Madam Chair, we’ve had promise Mr. CAMPBELL. Madam Chairman, I they can pay for their children’s edu- after promise after promise after prom- move to strike the requisite number of cation. But maybe we should think ise that the Republicans were going to words. about people that don’t have the me- pay attention to what the people want- The Acting CHAIR. The gentleman dian income of Members of Congress, ed. And what the people want is jobs, from California is recognized for 5 min- people who don’t make $175,000 a year, jobs, jobs. utes. which puts all of us in the top 1 percent Mr. CAMPBELL. Madam Chairman, I I rise in opposition to this amend- of wage earners. won’t take anywhere near that time, ment, Madam Chair. I want to point What about the most humble and the just simply to get back to the amend- out that these Republican cuts that poorest and those who wish to aspire ment offered by the gentleman from have been proposed are draconian, they one day to lead this great Nation of Arizona, Mr. FLAKE, which is the mat- are extremist, they are bad for Amer- ours? Shouldn’t they be given an op- ter before us right now, and to say that ica. They are bad for our economic re- I support this amendment, Madam portunity? Not under this program. covery. Everybody knows that we just Chairman. Let’s cut the program, the basic pro- came out of the worst recession since The gentleman has very properly, I gram that allows young men and the Great Depression. We call it the think, brought up something that the women to seek a college education, the Great Recession. We’re just coming out Secretary of Defense has said is one of Pell Grant. Let’s eliminate billions of of it, even though most Americans the areas in which the defense budget dollars from there also. don’t feel it yet. Certainly those folk can be reduced and we can save money. But wait, $25 billion to the Federal up on Wall Street who got the bailouts, The greatest threat to the national se- TRIO Program. That is for the first they feel the recovery, and they are curity of this country today is our generation. That is the first kid in a back to the huge bonuses and salaries. debt. The Secretary of Defense has said family where nobody has gone to col- They are looking at this Republican that. He has said certainly it is a na- lege. Let’s cut from that program too. Congress to release them from all of tional security threat, as has the Sec- The program cuts $25 million from the regulatory measures that the retary of State. So we need to get this GEAR UP. And, wait, $1 billion from Democrats put in place over the last 2 debt down, we need to get this deficit Head Start? years so that they can continue to down, we need to do it in every single I am just going to end with this. I party. And while they party, their area of the budget. want the public to understand this. We friends here in Congress on the Repub- I think the gentleman from Arizona’s get great health care here, excellent lican side of the aisle are busy trying amendment is very proper and a very health care. It is not free, but we get to balance the budget on the backs of appropriate one, and I support it. great health care. About $400, that is working men and women in this coun- Mr. GUTIERREZ. Madam Chairman, what they deduct from my check. My try. That’s what the CR proposal is all I move to strike the requisite number wife gets good health care, my daugh- about. of words. ter gets good health care, and so do It came out on Friday at 8 p.m.; they The Acting CHAIR. The gentleman every one of you get good health care. issued their plan, and here we are on from Illinois is recognized for 5 min- Shame on anybody that would adopt Tuesday arguing the merits—or demer- utes. this kind of budget, knowing very well

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H838 CONGRESSIONAL RECORD — HOUSE February 15, 2011 the kind of great health care that we majority, and nothing to create jobs. have now put forward is that they get. Cut your health care first before No jobs for the American people. originally came up with a $60- to $74 you cut the health care of the most Madam Chairman, we need to make billion—maybe a thoughtful analysis of poorest, the most vulnerable in this this change. what we could cut. Remember, this is Nation. Will the Republican caucus even in the middle of you working and all of I yield back the balance of my time. today, Madam Chairman, say you know a sudden somebody comes and gives Mr. ELLISON. I move to strike the what, we are not going to cut 1 million you a pink slip. But rather than stick last word. people, 1 million public employees out with what might have been a thought- The Acting CHAIR. The gentleman of work. We are going to actually do ful analysis—and, again, I had not from Minnesota is recognized for 5 min- something to create jobs? It appears studied it; it had not been introduced— utes. not, Madam Chairman. all of a sudden they go by the ‘‘We have Mr. ELLISON. Madam Chairman, I What we need to do is withdraw some to be dominated by voices of which rise in support of Mr. FLAKE’s amend- of these massive oil subsidies. What we force us, without thought, to now make ment to cut wasteful defense spending. need to do is save some money by not it a hundred billion dollars.’’ Unfortunately, the underlying bill is rewarding the wealthiest among us and just another part of the Republican no I’m as angry about the deficit and industries who have not been respon- want a strong budget, which we’re not jobs agenda. Since the Republican cau- sible corporate citizens and actually doing right now, and want to work cus has taken over the majority, they use it to put Americans back to work with my good ranking member, chair- haven’t put one jobs bill on. I mean, so that they can pay some taxes and man of the Defense Subcommittee in they haven’t done a poor job—they actually reduce this deficit. haven’t done anything. It is as if they Make no mistake about it, Madam the last Congress, Mr. DICKS, on a are not in favor of Americans having Chairman, we are concerned about the thoughtful passage going forward, but I jobs. We know they are, but they deficit: $200 billion of it goes to inter- want to make sure we stay on a path- haven’t demonstrated it in anything est on the debt. That money could be way of creating jobs. they have done, which is the important going to programs that help people, to There is something to cutting spend- thing. help children, to help seniors, that can ing. You have my commitment. We Instead, as part of the Republican no make and strengthen and improve our came out with a compromise 2 months jobs agenda, they bring up a bill to cut infrastructure and our country. But in- ago, in December. Some of us agreed; 1 million jobs, cut 1 million jobs from stead it goes to this massive debt, built some of us did not. But there were siz- the American middle class. These cuts up by Republicans with their massive able tax cuts. I voted for tax cuts be- are Republican answers for the job cri- tax cuts to the rich, two wars and a big fore. But let me tell you why what sis that they created. Cutting 1 million pharma giveaway. They created the we’re doing today is enormously dan- jobs. If you are a nurse, no jobs. If you problem. Now when we try to solve it, gerous: 1,330 cops will be off the street; are a teacher, no jobs. If you are a fire- they want to put us back in the hole. 2,400 fewer firefighters will be off the fighter or police officer, no jobs. If your street; we will take teachers out of 1700 jobs are from American manufacturing, b classrooms and lose 25,000 new con- no jobs. And if you are a small business So, Madam Chair, I want to say that struction jobs. person, who is going to have any if this country—our country—has a def- There is a provision in the CR that money to even go into your store? No icit to fix, let’s fix it by a bold, cre- wants to rescind stimulus dollars— jobs for them either. The list goes on ative, courageous vision of America sounds like a bad thing—but those dol- and on. where we create infrastructure, we cre- lars are in the pipeline for construction If you want to know how we cut the ate work, we create jobs, rather than projects where men and women of deficit, it is by putting America to just cutting back the social safety net America are working and feeding their work, not by cutting Social Security. and taking away what little people families. Does that make sense, dollars Make no mistake: When the Repub- have. We need to stop the Republican that they pay taxes back to this coun- licans say they are cutting costs, they no-jobs agenda. try? I yield back. are cutting Social Security, they are I don’t understand a plan that takes cutting Medicare, they are cutting Ms. JACKSON LEE of Texas. Madam Chair, I move to strike the requisite from the working man and woman in Medicaid, until they cease to exist. Re- this country. I don’t understand a plan, publicans want working Americans to number of words. The Acting CHAIR. The gentlewoman for example, that takes $2.5 billion shoulder the whole burden, the burden away from high-speed rail, which all of a taxpayer-funded spending spree for is recognized for 5 minutes. Ms. JACKSON LEE of Texas. Madam over America there has been a sense of the rich while protecting millionaires inspiration about moving us to more and billionaires who refuse to pay their Chair, sometimes this is a complex debate when we hear words like ‘‘CR’’ to efficient transportation. But the num- fair share. ber of jobs to be created cannot be The Republican answer to the crisis a lot of our voters and others who are counted. That’s an investment in this they created is, you pay, American paying attention to the work that they country. Or do you want to undermine people. They must make you pay for have sent us here to do. And a lot of the air traffic control system and begin Big Oil’s billion dollar subsidies. They times they try to ensure that we use to trouble America’s airways? I sit on want to make you pay for higher drug vernacular that, what does it mean? prices. They want to make you pay for We’re in the budget year of 2012 or the Homeland Security Committee, taxes to start a small business. They budget year 2011 or we’re doing a CR. I chair the Transportation Security want to make you pay for CEO bo- think the plain and simple of it is we’re Committee. I am very hesitant to nuses. They want Main Street to take trying to ensure that what you are get- make a willy-nilly cut to the FAA. the hit while Wall Street gets a bonus. ting now if you’re on a job, if you’re a And so what disturbs me is: Why While Democrats work to create jobs, police officer, that we don’t turn the could we jump or why did we jump or reduce the deficit, and rebuild Amer- lights out on you. And my concern is to how do we jump in 48 hours from $60 ica, Republican Speaker JOHN BOEHNER let you know that we have been stead- million to $74 million of which they said, so be it if we lose hundreds of ily improving. The private sector has said they were cutting? This is a con- thousands of jobs. been creating jobs under the Demo- tinuing resolution, which means it al- Is that what the American people cratic policies under President lows the government, in essence, to said they wanted in November? The Obama’s guidance and, frankly, under keep going on what we are ongoing American people want Republican lead- this new budget that we’ll debate—that with. It means people are out there ers to look out for constituents first, is not what we’re debating today—that working, doing the bidding of the not corporate friends. And now the speaks about competitiveness and American people. And, before you know American people are saying, show us speaks about infrastructure rebuild, it, because there were complaints and the jobs. putting Americans to work. people talking about what they cam- We have been seeing a no jobs agen- So my gripe with the CR that my paigned on, and all of a sudden it’s a da, a jobless agenda. Forty days in the friends on the other side of the aisle $100 billion cut with no thought.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H839 Now, I respect people being elected going to get their $845 to buy their the defense budget was unheard of. Yet by their constituents, but it is inter- books, maybe they should send the bill the subcommittee has been able to rec- esting when you read polling numbers to Speaker BOEHNER, send their book ommend $14.8 billion in a very short pe- from individuals who happen to come bill to the Speaker. riod of time that we don’t think has from that background of the tea party I am challenged to understand these any negative effect on the national de- that want to cut everything, and you cuts, because when I think about an fense. ask them about something in their ju- $845 cut to Pell Grants, in my State The idea of the Flake amendment risdiction. Say, for example, an Air that’s 123,000 students. Madam Chair, may be a good idea. The subcommittee Force base. The polling numbers show, in Michigan, it’s 646,000 students; in Ar- would like to be able to analyze it to Don’t cut my Air Force base, but you izona, it’s 340,000 students; millions of make sure that it doesn’t have any can cut somebody else’s. students across the country who lose kind of a negative effect. It may be, as So here’s my concern, Madam Chair. $845 that allows them to buy their biol- we go through our process for this How do you cut Juvenile Justice and ogy books, their economics books, year, that we would include that, but the COPS program? How do you cut the their math books, the things that will the subcommittee would very much Justice Department for all of the vot- enable them to be competitive in this like to have an opportunity to review ing rights enforcement? century. So, like many Americans, I this recommendation by the Flake I want to stay on a path. This CR is really don’t get that. It is neither amendment. not a pathway of creating jobs; it’s no thoughtful nor critical. Mr. SARBANES. Madam Chair, I jobs, and it stops America in her This cut would mean $2.5 billion in move to strike the last word. tracks. Let’s stay on track and keep cuts to the National Institutes of The Acting CHAIR. The gentleman investing in jobs in America. Health for cancer research and for from Maryland is recognized for 5 min- Ms. EDWARDS. Madam Chair, I rise other diseases that plague our country utes. to strike the last word. and send our health care costs sky- Mr. SARBANES. I wanted to speak to The Acting CHAIR. The gentlewoman rocketing. We want to cut scientists the underlying CR, H.R. 1. from Maryland is recognized for 5 min- and researchers and medical profes- Madam Chair, in particular I want to utes. sionals who are trying to cure the speak to the fact that the American Ms. EDWARDS. Madam Chair, I rise great diseases of our time? people have been very clear in their un- today because I want to express my derstanding that what we need to do is 1710 concern that I think of the House of b rebuild the country and that we need Representatives as a place that in- I don’t understand it, and I don’t to rebuild America. Yet everything volves a lot of critical thinking about think the American public understands that is being proposed by the Repub- the work that we do, but the con- it. licans in this continuing resolution un- tinuing resolution in front of us is nei- And $1.4 billion in cuts for science dermines that goal. ther critical nor thoughtful. It elimi- and energy research, the very thing Rebuilding America means rebuild- nates the COPS program. that will make us competitive in this ing our infrastructure, and we can talk Let me tell you about the COPS pro- next generation. The American people about that infrastructure in a number gram, not just around the country don’t understand that. of different ways. We can talk about re- where it’s going to result in firing 1,330 Children, 200,000 of them, in Head building and investing in our physical law enforcement officers, but in one of Start. Firefighters, 2,400 of them. Po- infrastructure. That’s roads, bridges, the counties that I represent where we lice officers, 1,330 of them; 123,000 stu- tunnels, highways, and building up the have had, unfortunately, 18 homicides dents in the State of Maryland losing strength of our physical infrastructure, since the beginning of the year, where their 845 lousy dollars to buy their which we all know we have to do. All we need every law enforcement officer books. you have to do is look at the newspaper on the beat. Fifty of those officers Madam Chair, I have to tell you that or watch television, and you will see come from the COPS program. We I think, like many of us in this Con- examples every day of the crumbling would lose those officers under this gress, we know that we need to bring infrastructure out there. So we have continuing resolution. spending under control, but it cannot got to commit to that, but the Repub- Looking at the firing of our fire- be at the expense of working people. It lican budget would undermine that ob- fighters, these are firefighters, first re- cannot be at the expense of poor peo- jective. sponders out there whenever they’re ple. So it is a sad day in the United We have to rebuild the civic infra- called in every one of our communities States when this Congress has exer- structure of this country and keep it across the country, 2,400 of them. cised neither critique nor thought in strong. What do I mean by the ‘‘civic Sometimes, Madam Chair, we speak bringing cuts that will devastate the infrastructure’’? I am talking about in numbers that are so extraordinary American people and result in no job service programs like AmeriCorps and that ordinary Americans don’t under- creation yet again for the last 45 days the Corporation for National and Com- stand them. But I think with respect to of this Congress. munity Service, which creates an infra- this continuing resolution, ordinary With that, I yield back the balance of structure that says to those people who Americans understand that under the my time. want to volunteer and serve their coun- resolution 200,000 students—that’s pre- Mr. DICKS. Madam Chair, I want to try—1,000 points of light—we are here kindergartners—will be kicked out of remind everyone that we are on the De- to partner with you in doing that. Yet Head Start just when we need to give fense appropriations bill. This is the the Republican proposal would zero out these students a start so that we can Flake amendment, and we have cut ap- that civic infrastructure. grow them and educate them so they’re proximately $15 billion from this de- It’s about investing in human infra- competitive in the 21st century. We’re fense bill. I understand that there is a structure and building up human cap- not doing that. Instead, 200,000 stu- lot of concern about the other items ital. That’s education and health care dents in every State of this country here, but I just wanted to make that and job training and innovation and kicked out of Head Start, thousands of point. technology. That’s what human capital teachers who teach them. I yield to the gentleman from Florida and human infrastructure is about. Yet This brings me to another cut, a if he has anything he wants to say at we can look through this budget and number that the American people un- this point. find examples of cutting those prior- derstands, Madam Chair—$845. $845 is Mr. YOUNG of Florida. I thank the ities as well. the amount that would be cut from the gentleman for yielding. How does that build up America? Pell Grant program; $845, for those of Madam Chair, America is at war. We That tears America down. It doesn’t us who sent a child to college, is the have soldiers fighting, losing their build it up. cost of books for the semester. lives, having serious injuries not only As for the last piece of this, if you’re Madam Chair, I am so shocked by in Afghanistan but in Iraq and, before going to make America strong and these cuts that I think across this that, in Kosova and in Bosnia. We have keep it strong, you’ve got to preserve country, the students, if they’re not known war for a long time, and cutting the natural resources of this country. I

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H840 CONGRESSIONAL RECORD — HOUSE February 15, 2011 looked at a couple of the numbers here will make history on the number of You cannot try on this floor to slash in terms of what’s being done that jobs it affirmatively destroys. Federal power while dictating local would hurt our environment under the The deficit commission warned about policy and how local money should be proposal. I’ll just mention a couple of cuts that are at the centerpiece of the spent. Those two don’t go together. them. majority’s bill, cuts that don’t distin- Mr. COHEN. Madam Chairman, I Cutting the Environmental Protec- guish between short-term and long- move to strike the last word. tion Agency by 29 percent, a $3 billion term deficits, between the job-pro- The Acting CHAIR. The gentleman proposed cut. Now, how are you going ducing role of government investment from Tennessee is recognized for 5 min- to protect the environment if you cut during an economic turndown and the utes. by almost a third the agency whose needed savings to reduce the long-term Mr. COHEN. I rise in opposition to mission it is to do that? That’s essen- deficit, which must go on simulta- this amendment. tially giving a free license to the pol- neously; but the majority loses its I could spend my time talking about luters of America. That’s an uncon- focus entirely with its obsession on the cuts to the Low Income Heating scionable proposal. snatching local authority, over local and Energy Program, LIHEAP, and I come from Maryland. We care about funds from the District of Columbia. that’s important because there are the Chesapeake Bay in Maryland. It While the majority wants to make many people in my district suffering has been a national commitment to draconian cuts in most Federal pro- through the worst winter in Memphis’ preserve this national treasure, the grams, putting at high risk the econ- recent history and one of the worst Chesapeake Bay. Last year, through an omy itself, it simultaneously expands winters in the country’s history that executive order, the President made it Federal power into the local funds and need help with their utility bills more a priority. There are partnerships at affairs of a local jurisdiction, the Dis- than ever. And that’s, I think, an awful the Federal, State and local levels and trict of Columbia. Three riders in this thing when people are suffering from with the private sector to try to save bill are anti-self-government, having the inability to pay their utility bills and protect the Chesapeake Bay, but nothing to do with the underlying bill that we’re cutting LIHEAP. these proposals would undermine that. or the Federal Government. I could talk about what we’re doing Cutting over $1.7 billion from the to law enforcement, cutting the COPS b 1720 Clean Water and Drinking Water State program that puts police on the street Revolving Funds. In Maryland, that Particularly cruel, apart from the and helps local government put new po- would cost 1,000 jobs. This is an impor- home-rule violation, is the attempt to licemen on the street to protect our tant source of financing for people to reimpose a provision that would keep people, and cuts to State law enforce- implement best practices to clean up the District of Columbia from spending ment spending. the Chesapeake Bay. Why would we units own local funds on needle exchange I could talk about the many calls and dermine that? programs. If this is reimposed, a rider I letters I’ve gotten from people con- There are other elements with re- got off during the last few years, it will cerned about title X cuts that will af- spect to our natural resources. We’ve cost lives and spread HIV, as it did for fect 5,500 in my community, women got to enforce pollution standards. The the prior 10 years. that won’t be able to get family plan- EPA is in a position to do that, but not But they’re not through there. The ning services, which include cancer if we cut their funding. This would en- majority takes a hard-line approach, screenings, annual exams in my city. danger rivers and streams that feed the even when I asked for and was denied I could talk about cuts to NPR, cuts Chesapeake Bay. the right to testify before the Judici- to the National Institutes of Health, The last observation I would make, ary Committee on yet another rider, a where they’re looking for cures for can- and this is sort of the overarching con- rider that would keep local District of cer and Alzheimer’s and diabetes and cern that I have, is that I really believe Columbia funds from being spent on other illnesses that affect our populace in the idea of citizen stewardship, in abortions for poor women. What busi- which we need to cure as soon as pos- the idea that ordinary citizens step for- ness is it of any Member of this body sible. Or cuts to the FDA, $241 million ward every day and decide they’re how the District of Columbia spends its to keep our food safe and preserve pub- going to commit themselves to clean- own money, which it raises from its lic health. ing up the environment. Our young own residents and businesses? Or cuts to Social Security and Med- people are committed to that, the next Mr. Speaker, they go further. They icaid. A gentleman stopped me Satur- generation; but they want to see that try to reestablish a voucher program in day and said, please, you tell the peo- the Federal Government is going to be the District, ignoring a compromise ple in Washington, don’t mess with our a real partner in that effort. If we abdi- reached last Congress to allow every Social Security and Medicaid, but cate that responsibility, then there are child now with a private school vouch- there are great cuts there as well. going to be a lot of young people, a lot er to remain in the program until grad- Or the $18 billion cut to transpor- of ordinary citizens, who are going to uation. It disregards the fact that the tation—and Memphis is a transpor- get disillusioned in terms of their own District has the largest public charter tation hub with rails and roadways and commitment to cleaning up the envi- school alternative in the United runways and river transportation, and ronment. States. Almost half of our children at- $18 billion in cuts to transportation is We need to step forward. We need to tend these schools. If the majority going to hurt the growth of our econ- stay strong and be a partner in pro- wants to give money for alternatives to omy and sending goods to market. tecting our environment; but what the public schools, then they’ve got to re- I could talk about any of those items. Republicans have proposed in this con- spect our choice. I could talk about the cuts to legal tinuing resolution would completely Republican support for vouchers— services and the fact that more and undermine that. only in the District of Columbia—ex- more people need legal services in I yield back the balance of my time. poses them for where they really stand these economic times. The housing cri- Ms. NORTON. Madam Chair, I move on vouchers and school choice. There is sis hasn’t left us, and people need rep- to strike the last word. wholesale support in this body for pub- resentation. The Acting CHAIR. The gentlewoman lic charter schools. They will not bring I could talk about cuts to education from the District of Columbia is recog- a voucher bill for the Nation to the in historically black colleges and uni- nized for 5 minutes. floor because polls and referenda in the versities and Head Start programs. Ms. NORTON. Madam Chair, the un- States show there is zero national sup- How are we going to compete, which we derlying bill is a special insult to the port for private school vouchers. In- are not doing well in science and math, Americans who voted for the new ma- stead, Republicans single out the Dis- with the Chinese and the Indians if we jority on the promise of jobs. They trict and only the District, ignoring cut these programs? I could talk about might forgive that the mjority does the city’s own extraordinary, flowering any and all those programs. not know how to produce jobs or that public charter school program. Our But one thing I want to do is I want they haven’t produced jobs yet, but choice, not someone else’s who has to read a column called ‘‘Eat the Fu- they will never understand a bill that nothing to do with us. ture,’’ and Paul Krugman, a Nobel

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H841 Prize-winning economist, wrote this. Ms. HANABUSA. Madam Chairman, I ment Block Grant program, we’ve cut So I just think it’s worthy to listen and move to strike the last word. it approximately $2.5 billion. Why? have it heard on this floor what Mr. The Acting CHAIRMAN. The gentle- That is what gets services to the peo- Krugman said yesterday, Nobel Prize- woman from Hawaii is recognized for 5 ple. This is what we have. winning economist. minutes. We have already discussed the fact ‘‘On Friday, House Republicans un- Ms. HANABUSA. Madam Chair, I many times that we are cutting Head veiled their proposal for immediate don’t believe there’s anyone in this Start. There are 200,000 young kids who cuts in Federal spending. Characteris- body who doesn’t believe we must get are not going to get that opportunity. tically, they failed to accompany the ahold of our budget. I don’t believe We are cutting the Pell Grants, and release with a catchy slogan. So I’d that there’s anyone in this body who that, of course, is going to make a re- like to propose one: Eat the Future. doesn’t feel that when we do that, duction of about $800 per middle class ‘‘I’ll explain in a minute. First, let’s we’ve got to keep in mind that we family. talk about the dilemma the GOP faces. serve the people, and we also must These are all part of this amendment ‘‘Republican leaders like to claim keep in mind that the one thing that as well. that the midterms gave them a man- we all are here to do is not to make But for myself, as someone who rep- date for sharp cuts in government their lives worse but to try to make resents this State that’s gotten zeroed spending. Some of us believe that the their lives better, and in addition to out on a program that has done ex- elections were less about spending than that, we are here to try to build that actly—exactly—what government they were about persistent high unem- public confidence which is the only wants to see done, which is to make ployment, but whatever. The key point way we will see the rise in our econ- jobs, to give opportunities, we have cut to understand is that while many vot- omy. it. Now, why would we do that? That is ers say that they want lower spending, Madam Chair, when I looked at the because we have not taken into consid- press the issue a bit further and it amendment, the thing that struck me eration or remembered what we are turns out that they only want to cut the most is that in my district, there here to do. We are here to serve the spending on other people. was a provision in here that zeros out people, Madam Chair. I yield back the balance of my time. ‘‘That’s the lesson from a new survey what is called the Native Hawaiian Housing Block Grant. It goes to zero. Mr. CICILLINE. Madam Chair, I by the Pew Research Center, in which move to strike the last word. Americans were asked whether they fa- It’s at $13 million now. In that same section, it also zeros out the Depart- The Acting CHAIR. The gentleman vored higher or lower spending in a va- from Rhode Island is recognized for 5 riety of areas. It turns out that they ment of Housing and Urban Develop- ment’s Public and Indian Housing revi- minutes. want more, not less, spending on most Mr. CICILLINE. I rise in support of things, including education and Medi- talization of severely distressed public housing. It zeros out the Department of this amendment but to oppose the un- care. They’re evenly divided about derlying Republican continuing resolu- spending on aid to the unemployed Housing and Urban Development’s public and Indian housing. It zeros out the tion. and—surprise—defense. The spending bill before us is born Department of Housing and Urban De- ‘‘The only thing they clearly want to out of an ideology that cuts right to velopment’s community planning and cut is foreign aid, which most Ameri- the heart of our values as a country, development brownfields redevelop- cans believe, wrongly, accounts for a and our priorities, too. Because that is ment, just to name some of the pro- large share of the Federal budget. what a budget is supposed to reflect: grams that have been zeroed out. ‘‘Pew also asked people how they our values and priorities as a nation. would like to see the States close their b 1730 Our priorities are to strengthen the budget deficits. Do they favor cuts in Let me tell you about the program of middle class, to reduce the deficit, and either education or health care, the native Hawaiians. This is a program to create jobs. main expenses States face? No. Do they that, in our difficult economic times, And we can see very clearly where favor tax increases? No. The only def- managed to build, managed to build my colleagues on the other side of the icit-reduction measure with significant roads, managed to build programs. This aisle have placed their priorities. It’s support was cuts in public-employee is a program that was leveraged, lever- not in the well-being of our workforce, pensions—and even there the public aged so we had construction projects not in the effectiveness of our class- was evenly divided. going, so we had housing developments rooms, not in the safety of our neigh- ‘‘The moral is clear. Republicans going, and we have zeroed them out, borhoods. The priorities of the major- don’t have a mandate to cut spending; $13 million, zeroed them out. ity party are not with the people who they have a mandate to repeal the laws When we start to look at the budget have worked hard all of their lives to of arithmetic. and we start to think about what we earn a decent wage, buy a decent home, ‘‘How can voters be so ill informed? must cut, the one thing I would like to put their kids through school, and do In their defense, bear in mind that they think that we put a lot of credence in what they can to keep their families have jobs, children to raise, parents to is which one of these programs is being and communities strong. take care of. They don’t have the time leveraged and doing what we want. The priorities of my friends on the or the incentive to study the Federal In addition to that, Madam Chair, other side of the aisle lay with Amer- budget, let alone State budgets . . . So look at community health systems. Ev- ica’s most successful: the hedge fund they rely on what they hear from eryone knows the Hawaiian Islands are managers, Wall Street financiers, and seemingly authoritative figures. islands. The only mode of transpor- the investment bankers. Our Repub- ‘‘And what they’ve been hearing ever tation for our people between islands is lican colleagues are pushing a spending since Ronald Reagan is their hard- expensive airfare. We don’t have a ferry bill that is irresponsible and ignores earned dollars are going to waste, pay- system. We definitely don’t have roads the needs of a healing nation. It cuts ing for vast armies of useless bureau- that join our islands. It’s airlines. For jobs, threatens American innovation, crats—payroll is only 5 percent of Fed- the underserved, they have to fly for and diminishes investments in rebuild- eral spending’’—and others. health care. So community health sys- ing America. And to what extent? Well, The bottom line is they’ve been hear- tems, when we cut $1 billion out of that I can tell you, as a former mayor, I ing lies about the Federal budget. budget, $1 billion, imagine what that have seen firsthand the consequences They’ve been hearing lies about the means for the provision of one of the of what is being proposed. Some of the Federal bureaucracy. PolitiFact said most essential, essential parts of a per- most egregious cuts come at the ex- that the biggest lie in 2009 was death son’s life, the feeling of knowing that pense of our most vulnerable and some panels. In 2010, it was government you have health care, and we have cut of the most immediate job creators and takeover of health care. If the Repub- that out of the budget. It’s not only economic growth engines that I know licans get PolitiFact’s Lie of the Year Hawaii; it’s elsewhere. But think about of. this year, they will get the Irving what that means. Our colleagues are gutting more than Thalberg lifetime achievement award. I And for small communities who rely $340 million from the Community Serv- hope they don’t get it. on CDBG, the Community Develop- ice Block Grants and nearly $3 billion

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H842 CONGRESSIONAL RECORD — HOUSE February 15, 2011 from the Community Development cans. This budget proposal undermines OPERATION AND MAINTENANCE, AIR NATIONAL Block Grant program. These are real that opportunity, endangers our recov- GUARD dollars that are putting Americans ery, and makes our future less certain. For expenses of training, organizing, and back to work and helping small busi- I yield back the balance of my time. administering the Air National Guard, in- nesses in communities all across this The Acting CHAIR. The question is cluding medical and hospital treatment and on the amendment offered by the gen- related expenses in non-Federal hospitals; Nation. maintenance, operation, and repairs to In addition, this budget slashes $1.6 tleman from Arizona (Mr. FLAKE). structures and facilities; transportation of billion in job training and cuts $120 The question was taken; and the Act- things, hire of passenger motor vehicles; sup- million in alternative youth training ing Chair announced that the ayes applying and equipping the Air National that prepares kids for work in con- peared to have it. Guard, as authorized by law; expenses for re- struction and other trades, critical Mr. DICKS. Madam Chairman, I de- pair, modification, maintenance, and issue of skills that are necessary to help us mand a recorded vote. supplies and equipment, including those fur- make things again here in America. The Acting CHAIR. Pursuant to nished from stocks under the control of clause 6 of rule XVIII, further pro- agencies of the Department of Defense; trav- Our colleagues, since assuming the el expenses (other than mileage) on the same majority last month, haven’t offered ceedings on the amendment offered by the gentleman from Arizona will be basis as authorized by law for Air National one single piece of legislation that Guard personnel on active Federal duty, for would create jobs. My friends on the postponed. Air National Guard commanders while in- other side of the aisle, at the same The Clerk will read. specting units in compliance with National The Clerk read as follows: time that they are cutting billions of Guard Bureau regulations when specifically dollars in jobs programs that will help OPERATION AND MAINTENANCE, ARMY authorized by the Chief, National Guard Bu- RESERVE reau, $5,963,839,000. put Americans back to work, are con- For expenses, not otherwise provided for, UNITED STATES COURT OF APPEALS FOR THE tinuing to support hundreds of billions necessary for the operation and mainte- ARMED FORCES of dollars in tax breaks to companies nance, including training, organization, and For salaries and expenses necessary for the that are shipping our jobs overseas. administration, of the Army Reserve; repair United States Court of Appeals for the While they cut 200,000 children from re- of facilities and equipment; hire of passenger Armed Forces, $14,068,000, of which not to ex- ceiving early childhood education motor vehicles; travel and transportation; ceed $5,000 may be used for official represen- through Head Start, they are giving $43 care of the dead; recruiting; procurement of tation purposes. billion in subsidies to the oil and gas services, supplies, and equipment; and com- ENVIRONMENTAL RESTORATION, ARMY munications, $2,840,427,000. companies. (INCLUDING TRANSFER OF FUNDS) OPERATION AND MAINTENANCE, NAVY RESERVE This Republican proposal cuts Pell For the Department of the Army, Grants for 9 million students, making For expenses, not otherwise provided for, $464,581,000, to remain available until transit difficult and, for some, impossible to necessary for the operation and mainte- ferred: Provided, That the Secretary of the nance, including training, organization, and Army shall, upon determining that such continue to go to college while at the administration, of the Navy Reserve; repair same time continuing to give large ag- funds are required for environmental res- of facilities and equipment; hire of passenger toration, reduction and recycling of haz- ricultural corporations billions of dol- motor vehicles; travel and transportation; ardous waste, removal of unsafe buildings lars in Federal subsidies. care of the dead; recruiting; procurement of and debris of the Department of the Army, This is a question of priorities, and services, supplies, and equipment; and com- or for similar purposes, transfer the funds it’s clear what the priorities of my munications, $1,344,264,000. made available by this appropriation to friends on the other side of the aisle OPERATION AND MAINTENANCE, MARINE CORPS other appropriations made available to the are. The Republicans are moving for- RESERVE Department of the Army, to be merged with ward with a dangerous spending bill, For expenses, not otherwise provided for, and to be available for the same purposes one that continues to give rewards to necessary for the operation and mainte- and for the same time period as the appropriations to which transferred: Provided fur- the rich and literally guts the initia- nance, including training, organization, and administration, of the Marine Corps Reserve; ther, That upon a determination that all or tives most meaningful to middle class repair of facilities and equipment; hire of part of the funds transferred from this appro- families. passenger motor vehicles; travel and trans- priation are not necessary for the purposes The work of reducing our deficit and portation; care of the dead; recruiting; pro- provided herein, such amounts may be trans- controlling spending will be hard, to be curement of services, supplies, and equip- ferred back to this appropriation: Provided sure. The fact of the matter is that we ment; and communications, $275,484,000. further, That the transfer authority provided under this heading is in addition to any have to cut spending and we have to be OPERATION AND MAINTENANCE, AIR FORCE other transfer authority provided elsewhere serious about it, but we have to do it RESERVE in this Act. responsibly. We cannot cut what makes For expenses, not otherwise provided for, ENVIRONMENTAL RESTORATION, NAVY us competitive and what helps us to in- necessary for the operation and mainte- (INCLUDING TRANSFER OF FUNDS) novate, succeed in the global economy, nance, including training, organization, and administration, of the Air Force Reserve; re- For the Department of the Navy, and ultimately create jobs. $304,867,000, to remain available until trans- I know that the priorities that we pair of facilities and equipment; hire of passenger motor vehicles; travel and transpor- ferred: Provided, That the Secretary of the have set are the priorities of getting tation; care of the dead; recruiting; procure- Navy shall, upon determining that such people back to work. My friends, we ment of services, supplies, and equipment; funds are required for environmental res- owe it to the hardworking people of our and communications, $3,291,027,000. toration, reduction and recycling of haz- Nation who are struggling to get by, OPERATION AND MAINTENANCE, ARMY ardous waste, removal of unsafe buildings who are playing by the rules but just NATIONAL GUARD and debris of the Department of the Navy, or for similar purposes, transfer the funds made waiting for someone to stand up for For expenses of training, organizing, and available by this appropriation to other ap- them rather than stand up for the rich administering the Army National Guard, in- propriations made available to the Depart- cluding medical and hospital treatment and guy on Wall Street. We owe it to Amer- ment of the Navy, to be merged with and to related expenses in non-Federal hospitals; ica’s hardworking people to have a se- be available for the same purposes and for maintenance, operation, and repairs to rious and thoughtful debate with the the same time period as the appropriations structures and facilities; hire of passenger to which transferred: Provided further, That hopes of producing a smart and sen- motor vehicles; personnel services in the Na- upon a determination that all or part of the sible budget for our country. And tional Guard Bureau; travel expenses (other funds transferred from this appropriation are that’s why it’s critical we ask our Re- than mileage), as authorized by law for not necessary for the purposes provided here- publican friends: Just what are your Army personnel on active duty, for Army in, such amounts may be transferred back to priorities? Do we have the courage to National Guard division, regimental, and this appropriation: Provided further, That the battalion commanders while inspecting units stand with our country’s greatest as- transfer authority provided under this head- in compliance with National Guard Bureau sets, our hardworking people? Or do we ing is in addition to any other transfer au- regulations when specifically authorized by stand with the people who have en- thority provided elsewhere in this Act. the Chief, National Guard Bureau; supplying joyed the most at the expense of every- and equipping the Army National Guard as ENVIRONMENTAL RESTORATION, AIR FORCE one else? authorized by law; and expenses of repair, (INCLUDING TRANSFER OF FUNDS) America’s future depends on har- modification, maintenance, and issue of sup- For the Department of the Air Force, nessing the innovation, education, and plies and equipment (including aircraft), $502,653,000, to remain available until trans- entrepreneurship of our fellow Ameri- $6,454,624,000. ferred: Provided, That the Secretary of the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H843 Air Force shall, upon determining that such and Department of State, to countries out- TITLE III funds are required for environmental res- side of the former Soviet Union, including PROCUREMENT toration, reduction and recycling of haz- assistance provided by contract or by grants, AIRCRAFT PROCUREMENT, ARMY ardous waste, removal of unsafe buildings for facilitating the elimination and the safe For construction, procurement, produc- and debris of the Department of the Air and secure transportation and storage of nu- tion, modification, and modernization of air- Force, or for similar purposes, transfer the clear, chemical and other weapons; for estab- craft, equipment, including ordnance, ground funds made available by this appropriation lishing programs to prevent the proliferation handling equipment, spare parts, and acces- to other appropriations made available to of weapons, weapons components, and weap- sories therefor; specialized equipment and the Department of the Air Force, to be on-related technology and expertise; for pro- training devices; expansion of public and pri- merged with and to be available for the same grams relating to the training and support of vate plants, including the land necessary purposes and for the same time period as the defense and military personnel for demili- therefor, for the foregoing purposes, and appropriations to which transferred: Provided tarization and protection of weapons, weap- such lands and interests therein, may be ac- further, That upon a determination that all ons components and weapons technology and quired, and construction prosecuted thereon or part of the funds transferred from this ap- expertise, and for defense and military con- prior to approval of title; and procurement propriation are not necessary for the pur- tacts, $522,512,000, to remain available until and installation of equipment, appliances, poses provided herein, such amounts may be September 30, 2013: Provided, That of the and machine tools in public and private transferred back to this appropriation: Pro- amounts provided under this heading, not plants; reserve plant and Government and vided further, That the transfer authority less than $13,500,000 shall be available only to contractor-owned equipment layaway; and provided under this heading is in addition to support the dismantling and disposal of nu- other expenses necessary for the foregoing any other transfer authority provided else- clear submarines, submarine reactor compo- purposes, $5,254,791,000, to remain available where in this Act. nents, and security enhancements for trans- for obligation until September 30, 2013. port and storage of nuclear warheads in the ENVIRONMENTAL RESTORATION, DEFENSE-WIDE MISSILE PROCUREMENT, ARMY Russian Far East and North. (INCLUDING TRANSFER OF FUNDS) For construction, procurement, produc- For the Department of Defense, $10,744,000, DEPARTMENT OF DEFENSE ACQUISITION tion, modification, and modernization of to remain available until transferred: Pro- WORKFORCE DEVELOPMENT FUND missiles, equipment, including ordnance, vided, That the Secretary of Defense shall, For the Department of Defense Acquisition ground handling equipment, spare parts, and upon determining that such funds are re- Workforce Development Fund, $217,561,000. accessories therefor; specialized equipment quired for environmental restoration, reduc- and training devices; expansion of public and tion and recycling of hazardous waste, re- private plants, including the land necessary moval of unsafe buildings and debris of the b 1740 therefor, for the foregoing purposes, and such lands and interests therein, may be ac- Department of Defense, or for similar pur- Mr. CONNOLLY of Virginia. Madam poses, transfer the funds made available by quired, and construction prosecuted thereon this appropriation to other appropriations Chairman, I move to strike the last prior to approval of title; and procurement made available to the Department of De- word. and installation of equipment, appliances, fense, to be merged with and to be available The Acting CHAIR. The gentleman is and machine tools in public and private for the same purposes and for the same time recognized for 5 minutes. plants; reserve plant and Government and period as the appropriations to which trans- contractor-owned equipment layaway; and Mr. CONNOLLY of Virginia. Madam other expenses necessary for the foregoing ferred: Provided further, That upon a deter- Chair, I will not use 5 minutes. mination that all or part of the funds trans- purposes, $1,570,108,000, to remain available ferred from this appropriation are not nec- The United States imports over 60 for obligation until September 30, 2013. essary for the purposes provided herein, such percent of all the oil we consume, most PROCUREMENT OF WEAPONS AND TRACKED amounts may be transferred back to this ap- of which is used for vehicles. OPEC COMBAT VEHICLES, ARMY propriation: Provided further, That the trans- alone exports 2 billion barrels per year For construction, procurement, produc- fer authority provided under this heading is to the United States. At a cost of $90 tion, and modification of weapons and in addition to any other transfer authority per barrel, approximate current price, tracked combat vehicles, equipment, includ- provided elsewhere in this Act. ing ordnance, spare parts, and accessories this represents a $180 billion tax that therefor; specialized equipment and training ENVIRONMENTAL RESTORATION, FORMERLY our oil dependence imposes on Amer- USED DEFENSE SITES devices; expansion of public and private ican consumers. plants, including the land necessary there- (INCLUDING TRANSFER OF FUNDS) Some OPEC countries that profit for, for the foregoing purposes, and such For the Department of the Army, from our oil dependence are listed by lands and interests therein, may be acquired, $316,546,000, to remain available until trans- the State Department as sponsors of and construction prosecuted thereon prior to ferred: Provided, That the Secretary of the approval of title; and procurement and in- Army shall, upon determining that such terrorism, Madam Chairman. Fortu- stallation of equipment, appliances, and ma- funds are required for environmental res- nately, we’re using Clean Air Act chine tools in public and private plants; re- toration, reduction and recycling of haz- amendments to reduce our dependence serve plant and Government and contractor- ardous waste, removal of unsafe buildings on foreign oil. In April, automakers owned equipment layaway; and other ex- and debris at sites formerly used by the De- joined auto workers and President penses necessary for the foregoing purposes, partment of Defense, transfer the funds made Obama to announce a landmark fuel ef- $1,461,086,000, to remain available for obliga- available by this appropriation to other ap- ficiency standard that will improve tion until September 30, 2013. propriations made available to the Depart- PROCUREMENT OF AMMUNITION, ARMY ment of the Army, to be merged with and to auto efficiency 30 percent by 2016. For construction, procurement, produc- be available for the same purposes and for These standards will save Americans tion, and modification of ammunition, and the same time period as the appropriations $3,000 per vehicle for each car pur- accessories therefor; specialized equipment to which transferred: Provided further, That chased in 2016 or later and reduce our and training devices; expansion of public and upon a determination that all or part of the oil dependence by 77 billion gallons private plants, including ammunition facili- funds transferred from this appropriation are over the life of the vehicles produced ties, authorized by section 2854 of title 10, not necessary for the purposes provided here- between 2012 and 2016. This efficiency United States Code, and the land necessary in, such amounts may be transferred back to improvement will keep $9.9 billion therefor, for the foregoing purposes, and this appropriation: Provided further, That the such lands and interests therein, may be ac- transfer authority provided under this head- from being sent to OPEC countries. quired, and construction prosecuted thereon ing is in addition to any other transfer au- In section 1746 of this continuing res- prior to approval of title; and procurement thority provided elsewhere in this Act. olution, the Republicans have proposed and installation of equipment, appliances, OVERSEAS HUMANITARIAN, DISASTER, AND cutting off funding for implementation and machine tools in public and private CIVIC AID of the Clean Air Act, which is the law plants; reserve plant and Government and For expenses relating to the Overseas Hu- that has made these vehicle efficiency contractor-owned equipment layaway; and manitarian, Disaster, and Civic Aid pro- investments possible. Americans can- other expenses necessary for the foregoing grams of the Department of Defense (con- not afford, Madam Chairman, to send purposes, $1,847,066,000, to remain available sisting of the programs provided under sec- more money to Libya and Iran. for obligation until September 30, 2013. tions 401, 402, 404, 407, 2557, and 2561 of title I urge my colleagues to reject this OTHER PROCUREMENT, ARMY 10, United States Code), $108,032,000, to re- (INCLUDING TRANSFER OF FUNDS) main available until September 30, 2012. attack on the Clean Air Act. I yield back. For construction, procurement, produc- COOPERATIVE THREAT REDUCTION ACCOUNT tion, and modification of vehicles, including For assistance to the republics of the The Acting CHAIR. The Clerk will tactical, support, and non-tracked combat former Soviet Union and, with appropriate continue to read. vehicles; the purchase of passenger motor ve- authorization by the Department of Defense The Clerk read as follows: hicles for replacement only; communications

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H844 CONGRESSIONAL RECORD — HOUSE February 15, 2011 and electronic equipment; other support is money that was not requested by the I yield back. equipment; spare parts, ordnance, and acces- Department of Defense. This $502 mil- Mr. DICKS. I move to strike the req- sories therefor; specialized equipment and lion could certainly go to some pro- uisite number of words. training devices; expansion of public and pri- gram that they had asked for, but it’s The Acting CHAIR. The gentleman vate plants, including the land necessary from Washington is recognized for 5 therefor, for the foregoing purposes, and in a place that used to be reserved for such lands and interests therein, may be ac- earmarks. There is no particular pro- minutes. quired, and construction prosecuted thereon gram to which this $502 million is at- Mr. DICKS. I rise in very strong op- prior to approval of title; and procurement tributed. It goes assertedly for innova- position to this amendment. The and installation of equipment, appliances, tion. But we all know that innovation amendment deletes $60 million from and machine tools in public and private occurs in the private sector. And that’s procurement and $502.4 million from re- plants; reserve plant and Government and what this new majority is about. It’s search and development. The sum of contractor-owned equipment layaway; and wrong to add $500 million to our deficit this funding is for innovative research other expenses necessary for the foregoing for a series of programs with no par- and procurement from small businesses purposes, $8,145,665,000, to remain available ticular purpose except for the needs of and unsolicited proposals. for obligation until September 30, 2013: Pro- And the gentleman from Florida and vided, That of the funds made available in businesses that once survived on those this paragraph, $15,000,000 shall be made very earmarks. myself, and the gentleman from Cali- available to procure equipment, not other- And so, while I am very pleased with fornia, we’ve been here a long time. We wise provided for, and may be transferred to the fact that this piece of legislation have seen time after time when weapon other procurement accounts available to the has removed earmarks and has moved systems like Predator and ScanEagle, I Department of the Army, and that funds so us towards a great deal more trans- mean, there’s all kinds of things that transferred shall be available for the same parency, I would urge my fellow Mem- have happened because of small busi- purposes and the same time period as the ac- bers to vote for this amendment so nesses. And when we made a decision count to which transferred. that we can continue to get rid of the to cut out earmarks for for-profit com- AMENDMENT NO. 87 OFFERED BY MR. POMPEO very vestiges of earmarks that voters panies, one of the things that our com- Mr. POMPEO. Madam Chair, I have asked us to get rid of. mittee did on a bipartisan basis, with an amendment at the desk. I yield back. unanimity on both sides, was to say The Acting CHAIR. The Clerk will Mr. YOUNG of Florida. Madam let’s put some more money into this designate the amendment. Chairman, I rise in opposition to the competitive program, the Small Busi- The text of the amendment is as fol- amendment. ness Innovation and Research Pro- lows: The Acting CHAIR. The gentleman is gram, which is at NIH, and at a number Page 22, line 18, after the dollar amount, recognized for 5 minutes. of agencies, I think DOE has one. This insert ‘‘(reduced by $15,000,000)’’. Mr. YOUNG of Florida. The amend- is a way to bring small businesses into Page 22, line 20, after the dollar amount, ment sounds good. But unlike the the Defense Department on a competi- insert ‘‘(reduced by $15,000,000)’’. Flake amendment, which sounded tive basis. And they do things that the Page 27, line 9, after the dollar amount, in- good, and we’ll learn more about it, sert ‘‘(reduced by $15,000,000)’’. Department needs to have done. that was a small amount of money. So I rise with my chairman, Mr. Page 27, line 11, after the dollar amount, This is a half a billion dollars. insert ‘‘(reduced by $15,000,000)’’. YOUNG, in strong opposition to this A lot of people are of the opinion amendment. This was done to try to Page 31, line 11, after the dollar amount, that government has the answer to ev- insert ‘‘(reduced by $15,000,000)’’. help the small business sector still erything. Government doesn’t even Page 31, line 13, after the dollar amount, make the contribution in the future for have the questions to everything, let insert ‘‘(reduced by $15,000,000)’’. innovative new defense technologies. alone the answers. Page 32, line 9, after the dollar amount, in- It’s a good program and one that we sert ‘‘(reduced by $15,000,000)’’. And how many people in this Cham- ber have any idea how much tech- should support. Page 32, line 11, after the dollar amount, I yield back the balance of my time. insert ‘‘(reduced by $15,000,000)’’. nology our warfighters are using Page 33, line 9, after the dollar amount, in- Mr. FLAKE. I move to strike the last today? Whether it’s on the battlefield word. sert ‘‘(reduced by $105,000,000)’’. or whether it’s in training, whatever it Page 33, line 16, after the dollar amount, The Acting CHAIR. The gentleman might be, how many people know how from Arizona is recognized for 5 min- insert ‘‘(reduced by $105,000,000)’’. much was created by small business or Page 34, line 6, after the dollar amount, in- utes. sert ‘‘(reduced by $105,000,000)’’. large business? Mr. FLAKE. I won’t take the 5 min- Page 34, line 17, after the dollar amount, American industry produces good utes. I just want to rise in strong sup- insert ‘‘(reduced by $124,200,000)’’. ideas most of the time. And much of port of this amendment. The gen- Page 34, line 17, after the dollar amount, what we see on the battlefield today tleman is right; this was not asked for insert ‘‘(reduced by $3,200,000)’’. and in the Armed Services came about by the Department of Defense. And if Page 34, line 19, after the dollar amount, because of innovations from small insert ‘‘(reduced by $3,200,000)’’. we could save a half billion dollars, business and big business. Who knows? money that will not affect the war or Page 359, line 6, after the dollar amount, If somebody can tell me how much of the warfighter—but we see these kind insert ‘‘(increased by $502,400,000)’’. those great systems that we create for of programs all the time. And it’s more The Acting CHAIR. The gentleman our soldiers, how much of that came a way to generate economic activity from Kansas is recognized for 5 min- from innovation, how much of it came than actually respond to any need. It utes. from the government, then I might assumes that the private sector out Mr. POMPEO. Madam Chairman, let change my mind. there, and small businesses aren’t inno- me begin by thanking Chairman ROG- But we don’t know today. You give vating on their own unless we ask ERS and Ranking Member DICKS for the the committee an opportunity, we’ll them to do it. hard work that they did on the Defense find out. We’ll find out how much this appropriations bill. It was yeoman’s innovative, the SBIR, how much it pro- b 1750 work in difficult and challenging fiscal vides compared to industry, large and Unless we specifically direct them or times to present a defense budget that small. But today we don’t know the an- provide money for them to do it, they makes sense for America. And there is swer. And for a half a billion dollars, won’t do it at all. That’s just a false as- no one who’s come to Congress as a we need to know the answer. sumption. Member of this new freshman class who So I don’t object to the gentleman of- So I commend the gentleman for believes more strongly in making sure fering the amendment, really. But I do bringing the amendment to the floor. we have a strong national defense. It’s object to the gentleman’s amendment I yield to the gentleman from Kan- for that reason that I move to reduce because we don’t know what the effect sas. spending in that budget by $502 million of it would be. We’d like to find out, Mr. POMPEO. Madam Chair, I would with the amendment that I am pro- and we think we owe it to the Members just like to add that I came from that posing. This $502 million is spread of this House who are responsible for very sector, small business. Until 45 among various procurement and re- the national defense to find out for days ago, I was running one, and I un- search and innovation programs, and it them. derstand how small business works.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H845 What we don’t need is government enough than would be needed to fund achieve major procurement contracts taking our money and handing it back the Security and Exchange Commis- with the Defense Department. But, for to folks. What we need is to be left sion and the Commodities Futures the most part, they don’t come up with alone. We need smaller government. Trading Commission at the full level the innovations. It’s the small busi- That’s my core problem with the legis- they need to regulate derivatives and nesses throughout the country, that lation for SBIRs. Government doesn’t hedge funds. more often than not, come up with do a very good job of picking out which We have a massive disproportion in those innovations. of those small businesses will be suc- which we overspend militarily far be- For example, the predator drone that cessful and which piece of technology yond what is needed to protect our- has been the most successful weapon in will prove to be the one that will be selves. Our military budget is the larg- Afghanistan was an earmark for small good for our warfighters. est foreign aid program in the history businesses with an innovative idea. An If it will shrink government, if it will of the world. It exists to provide sub- idea, incidentally, that was initially reduce taxes, then those small busi- sidies to our wealthier allies who face opposed by the Defense Dept. Much of nesses will be successful. They will pro- no threat. And to the extent that we our IED success in saving lives has vide those technologies, and they will can reduce that, particularly in an area come from small businesses. take wonderful care of every one of our where the Defense Department itself Much of the simulation training that we provide our troops so they don’t soldiers, sailors, airmen, and marines. did not even ask for the funds, we curb have to put their lives at risk, but Mr. FLAKE. Reclaiming my time, I unnecessary spending. rather can achieve the kind of training just want to say, in closing, the gen- As I said, tomorrow I will be offering that gives them the skill set to rep- tleman is exactly right. Any dollar an amendment to try to give the Secu- resent us with such courage and effec- that we provide in this program has to rities and Exchange Commission the tiveness on the battlefield, that comes be taken from a small business or an ability to regulate hedge funds, or at from small business innovation. individual through taxes. That is least to keep track of them. We will be And what we are trying to do now is money that they can’t use to innovate trying to offer funding to protect con- to put a relatively small sum of money on their own. And to actually go out sumers from credit card abuse and try- together so that thousands of small and to respond to an RFP or to respond ing to provide funding to regulate de- businesses throughout the country can to needs of the Defense Department or rivatives. compete for those small grants. to contract with them, they can do Taken together, those three agencies Now, the fact is, as much as I respect that without us having the specific are being cut by an amount smaller the defense contractors, it is not nec- program for them. So I urge support than one-half billion, and we will be essarily in their interests to innovate, for the amendment. told that we can’t afford that. So I wel- to come up with cost-cutting effi- I yield back the balance of my time. come the gentleman pointing out the ciencies, because it means that you Mr. FRANK of Massachusetts. inconsistency between those who say have to reduce personnel and contract Madam Chair, I move to strike the last that the private sector should be left to costs. Oftentimes, it exposes the fact word. its own and the public sector does not that we’re paying more than we need The Acting CHAIR. The gentleman is become the job creator here in this to for innovative approaches to secur- recognized for 5 minutes. way, and I welcome also the chance to ing our country. It is the small busi- Mr. FRANK of Massachusetts. I wel- begin, as I will be supporting the nesses of this country that really pro- come this amendment. amendment of the gentleman of Ari- vide the ability for us to find the high- I am struck when I hear some of my zona, this massive disproportion in est level of efficiency and effectiveness colleagues on the more conservative which we overspend militarily. And I within our Defense Department. side, although this is not uniformly say ‘‘overspend,’’ because it is far be- For half a billion dollars, we will find them, some on the conservative side yond what is needed for the legitimate more ways to save thousands of lives are offering this amendment. We have defense of the United States. It has be- and we know we will save tens of bil- this interesting dichotomy about come a form of staking our political in- lions of dollars in the long run. That’s whether or not the Federal Govern- terests, and it comes at very great cost what this program is all about. It’s a ment can ever create jobs. In general, to virtually everything else we want to departure from the way we have done the conservative view is the Federal do, as well as constraining the deficit things. It’s all about saving money, not Government never creates jobs. In the reduction. relying upon Big Business or Big Gov- military area, somehow there’s an ex- I yield back the balance of my time. ernment, but letting small businesses ception. Mr. MORAN. Madam Chair, I move to flourish who otherwise couldn’t get the We are told here that there is a con- strike the requisite number of words. capital, wouldn’t have the investors, structive relationship that can exist The Acting CHAIR. The gentleman couldn’t pull the personnel together between small businesses and the mili- from Virginia is recognized for 5 min- and pay them long enough to be able to tary that we are told doesn’t exist else- utes. adequately develop the potential of a where; but the major reason for cutting Mr. MORAN. I rise in opposition to great idea. this is we are, at this point, over- this amendment, in support of what So this small pool of innovative re- extended militarily. the ranking member of the Appropria- search money will fund great ideas, Of course, there is unanimity here tions Committee has said as well as ideas that make our troops safer, that that we want Americans to be the Chairman YOUNG both of whom have enable us to let our dollars go further, strongest Nation in the world. We are substantial years of experience behind and in fact enable our Nation to be far of course the strongest Nation in the them. more secure. This is just the kind of world, and no one is second. We are Now, what Mr. FRANK has suggested program we ought to be funding more overcommitted in a number of areas. has merit, but to support this amend- of in the Defense Department. That’s The military has become not the in- ment is a non sequitur to that argu- why I would strongly urge defeat of strument of self-defense by the United ment. As for the gentleman from Ari- this amendment. States, but the instrument to pro- zona, at least he is consistent. As for b 1800 tecting political influence, and pro- the gentleman offering the amend- The Acting CHAIR. The question is tecting influence militarily is often in- ment, well, let me try to explain why it on the amendment offered by the gen- efficient so that reducing this spend- is counterproductive. It defines the tleman from Kansas (Mr. POMPEO). ing, as reducing other forms of mili- phrase ‘‘penny wise and pound foolish.’’ The question was taken; and the Act- tary spending, is essential if we are to In fact, where we have made our ing Chair announced that the ayes ap- begin to hold down the deficit. greatest strides within the defense peared to have it. Now, I am going to be talking tomor- budget is in small business innovation. Mr. DICKS. Madam Chair, I demand a row, and we’re only talking in military There are half a dozen very large de- recorded vote. terms of half a billion dollars. In terms fense contractors. They serve our coun- The Acting CHAIR. Pursuant to of the defense budget, that appears to try well. They take good ideas, they clause 6 of rule XVIII, further pro- be relatively small, but it is more than hire people, they develop them, they ceedings on the amendment offered by

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H846 CONGRESSIONAL RECORD — HOUSE February 15, 2011 the gentleman from Kansas will be made on the backs of the most vulner- Mr. MEEHAN. I appreciate the oppor- postponed. able citizens. tunity to speak on behalf of this very, The Clerk will read. H.R. 1 puts the safety of American very significant and important piece of The Clerk read as follows: families at risk. The bill eliminates military hardware, the V–22 Osprey. AIRCRAFT PROCUREMENT, NAVY COPS hiring, a program that will put Notwithstanding the discussion in For construction, procurement, produc- 1,330 fewer cops on our streets. The bill which the GAO has made a report, the tion, modification, and modernization of air- cuts the SAFER program, which means fact of the matter is this is an instru- craft, equipment, including ordnance, spare there are 2,400 fewer firefighters pro- ment which has proven itself in the parts, and accessories therefor; specialized tecting our communities; so that we theater of war. Those who have been equipment; expansion of public and private can build a plane that can’t fly under the most significant advocates for this plants, including the land necessary there- icy conditions, can’t fly when there’s very, very important airplane have for, and such lands and interests therein, sand, and one out of four is ever used may be acquired, and construction pros- been those who have used it in the the- at any given time? ater of war, the United States Marine ecuted thereon prior to approval of title; and The majority has made the short- procurement and installation of equipment, Corps. This has been used successfully appliances, and machine tools in public and sighted choice to cut $1.3 billion from in 14 different deployments, most re- private plants; reserve plant and Govern- community health centers which, ac- cently in Iraq and Afghanistan, and has ment and contractor-owned equipment lay- cording to the CEO of the National As- proven itself time and time again; away, $16,170,868,000, to remain available for sociation of Community Health Cen- proven itself to have the flexibility to obligation until September 30, 2013. ters, is equivalent to terminating be able to accommodate the new chal- Mr. GUTIERREZ. I move to strike health care to the entire population of lenge that the Marines are facing in the requisite number of words. Chicago, or to everyone living in the these dramatically challenging cir- The Acting CHAIR. The gentleman States of Wyoming, Vermont, North cumstances; the functionality to be from Illinois is recognized for 5 min- and South Dakota and Alaska com- able to respond quickly to moving utes. bined. Why? For a plane that cannot troops, not just to insert most effec- Mr. GUTIERREZ. Madam Chair, I fly when it’s icy, which cannot fly tively in a time fashion but to be also rise today to introduce my amendment when it’s dusty. And where are we at? able to get there as quickly as possible, to cut funding for the V–22, a hybrid In a combat situation where we need it in real-world combat situations that to do both things. helicopter/airplane that was in devel- are changing as we speak. Look. If this weren’t enough, the bill opment for more than 25 years, cost Day and night raids. This is the in- also eliminates title X funding which the lives of 30 individuals before it ever strument that the Air Force, Special provides services for cancer screenings, saw combat, and still does not meet Forces, and the Marines have identified annual exams, STD testing and contra- operational requirements in Iraq. Cost as among the most important; the in- ceptives. overruns have plagued the V–22 since H.R. 1 would also cut $5 billion from strument that rushes to the front and its development. Initial estimates pro- Federal Pell Grants. In Illinois, this medevacs the soldiers. I just visited jected $40 million per plane. But today will reduce financial aid to 61,000 poor Walter Reed just about a month ago, it has exploded to $120 million per students. And as I had suggested ear- and the ability to get soldiers who are plane—a threefold increase. This lier here today, maybe as Members of injured from the front lines back to the amendment would save $415 million for Congress, maybe because we are in the United States in time is remarkable. the remainder of fiscal year 2011 by top 1 percent of wage earners in the This is one of those instruments that cutting funding for the V–22 from the United States of America, people of allows them to do it. It’s a technology Air Force and Navy’s aircraft procure- America understand we make $175,000, which has been proven, not just in the ment accounts. each and every one of us, and there are battlefield but has also been proven by In 2009, the GAO found that the Ma- over 150 millionaires in this body, its performance. They have worked out rine Corps received 105 V–22s. Of those, maybe we don’t care. Maybe you can the kinks. They have paid for it. This fewer than half—only 47—were consid- cut the Pell Grant program because is the thing that the Marine Corps is ered combat deployable. But on any you don’t care whether kids get ahead asking for that’s consistently within given day, there are an estimated 22— and are able to go to college. But some the boundaries of the existing defense fewer than one in four—ready for any of us should, especially those of us that budget. The soldiers on the front line combat. This is largely due to unreli- have been blessed with the riches of are asking for the V–22 Osprey because able parts and maintenance challenges. wealth in this Nation and allowed to be it helps them do their job. We must It was reported that 13 of the V–22’s able to serve in this body. stand in support of the soldiers who are parts lasted only 30 percent of their life And so I simply say, Let the kids go doing the work defending our Nation expectancy and six lasted less than 10 to school. Let there be health care for most effectively. They are the ones percent. In addition, the GAO found the most vulnerable of Americans. And who are proving that it works. that the V–22 did not have weather all we will be missing is this boon- Mr. Chairman, I yield back the bal- radar and its ice protection system was doggle of a hybrid helicopter that does ance of my time. unreliable. Not me. GAO. So that fly- not serve the purpose for which it was AMENDMENT NO. 63 OFFERED BY MR. GUTIERREZ ing through icy conditions is prohib- proposed. Mr. GUTIERREZ. Mr. Chairman, I ited on this plane. Can’t do it. Icy con- I yield back the balance of my time. offer an amendment. ditions are often found in Afghanistan. Mr. MEEHAN. Mr. Chairman, I move The Acting CHAIR. The Clerk will Oddly enough, the V–22 also had prob- to strike the last word and to speak in designate the amendment. lems in dusty conditions, which, coin- opposition to the amendment that was The text of the amendment is as fol- just proposed by the gentleman from cidentally, also exist and is common in lows: Illinois. Afghanistan. Page 23, line 12, after the dollar amount, So I ask my colleagues, why do we PARLIAMENTARY INQUIRY insert ‘‘(reduced by $21,985,000)’’. continue to fund this boondoggle? The Mr. YOUNG of Florida. Parliamen- Page 28, line 20, after the dollar amount, insert ‘‘(reduced by $393,098,000)’’. majority claims to have made some tary inquiry, Mr. Chairman. The Acting CHAIR (Mr. THORN- Page 359, line 6, after the dollar amount, tough choices in this bill. Apparently BERRY). The gentleman will state his insert ‘‘(increased by $415,083,000)’’. this includes continuing to fund a inquiry. The Acting CHAIR. The gentleman plane that Dick Cheney called, a, Mr. YOUNG of Florida. Do we have from Illinois is recognized for 5 min- quote, turkey and tried to kill four an amendment before the House at the utes. times when he was Secretary of De- present time? Mr. GUTIERREZ. I have already used fense. It should also be noted that Dick The Acting CHAIR. We do not. my 5 minutes prior, so I yield back the Cheney did not often meet a defense Mr. MEEHAN. Mr. Chairman, I move balance of my time. program he didn’t like, so this should to strike the last word. Mr. COFFMAN of Colorado. I move to be very telling to everyone here. In The CHAIR. The gentleman from strike the requisite number of words. order to continue funding this plane, Pennsylvania is recognized for 5 min- The Acting CHAIR. The gentleman is this Congress proposes steep cuts to be utes. recognized for 5 minutes.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H847 b 1810 many years, and it would be a dev- curement of a costly, inefficient and Mr. COFFMAN of Colorado. Mr. astating blow to them not to finish over-budget V–22 Osprey will prove to Chairman, I rise in opposition to the this procurement. our constituents that we are serious Gutierrez amendment. I yield back my time. about reducing spending. It will help The amendment offered by the gen- Mr. YOUNG of Florida. Mr. Chair- realign our military strategy to meet tleman from Illinois would do an man, I move to strike the requisite today’s needs, and it will save the tax- across-the-board general reduction to number of words. payers $415 million this year alone. The Acting CHAIR. The gentleman is the aircraft procurement accounts for I yield back. recognized for 5 minutes. the Navy and the Air Force. The total Mr. MORAN. Mr. Chair, I move to Mr. YOUNG of Florida. Mr. Chair- strike the requisite number of words. reduction at $405.1 million would be man, I rise in opposition to the amend- The Acting CHAIR. The gentleman transferred to the spending reduction ment. from Virginia is recognized for 5 min- account. Some of our Members have made utes. Let me just say, he spoke to the V–22 some very eloquent statements why Mr. MORAN. Mr. Chairman, I can un- aircraft that the United States Marine this is not a good amendment, so I am derstand why our colleagues from Illi- Corps uses today in Iraq and Afghani- going to be very brief and just say very nois have offered this amendment. As- stan. Let me tell you, as a former in- simply, this amendment could possibly sertions recently surfaced about the in- fantry officer in the United States Ma- have a serious adverse effect on the sol- ability of the Osprey to operate in hot rine Corps, I can’t speak highly enough diers and the Marines who are oper- conditions, high altitudes or from U.S. of the V–22 aircraft. ating in and around the mountains of Navy ships. But the fact is that these There is no replacement right now if Afghanistan who need what the V–22 charges have been disproven repeatedly that aircraft were suspended in service. can provide them. If it is not available, in daily operations. The fact is that the The CH–46 aircraft was put in the fleet if it is not there, they could be in seri- Osprey provides unparalleled flexibility in 1964 and retired in 2004, and the CH– ous trouble. for Marines and Air Force Special 53, I believe, in 1966. These old air So this is not a good amendment, and Forces in combat operations. frames are retiring. They need to be re- I don’t think we should support it in We have had 14 fully successful de- placed. The V–22 is an effective air- any way. ployments to date. No aircraft in the craft, serving our Marines in the field I yield back the balance of my time. U.S. inventory has been subjected to as in places like Afghanistan and Iraq Mr. QUIGLEY. Mr. Chairman, I move extensive a series of live-fire testing as with the kind of effort that our troops to strike the last word. the V–22. It is the most survivable deserve. The Acting CHAIR. The gentleman rotorcraft ever built for the Marine Mr. Chairman, I yield back. from Illinois is recognized for 5 min- Corps and Air Force. When the enemy Mr. DICKS. Mr. Chairman, I move to utes. has been able to hit the V–22, the air- strike the requisite number of words. Mr. QUIGLEY. Mr. Chairman, I rise craft has absorbed the damage and re- The Acting CHAIR. The gentleman to support the amendment introduced turned to base without injuries to pas- from Washington is recognized for 5 by my colleague from Illinois (Mr. sengers or crew on every single occa- minutes. GUTIERREZ). If we are truly serious sion. Mr. DICKS. The amendment would about reducing our long-term deficits, Many of the initial readiness chal- remove $415 million total from Navy we must look at the whole picture, a lenges stem from deploying the air- and Air Force procurement accounts. picture that includes defense. There craft into combat before a supply chain This funding would reduce the number can be no sacred cows or pork. and depot maintenance infrastructure of V–22 Ospreys from the DOD portion Today, defense spending, including was adequately in place. The reason it of the bill. The Osprey has proven itself security-related programs, comprises cost more was that the Special Forces under combat conditions to be safe, ef- almost 20 percent of Federal spending, felt they needed to bring it into com- fective, survivable, and maintainable yet it is the only part of this budget bat operation immediately because it and is meeting all operational that is exempt from the tough cuts fac- was such a successful rotorcraft. They taskings. I have actually flown on the ing all other Departments. needed it for the safety and effective- Osprey and I feel it is a very safe air- The Osprey is one of the most egre- ness of our troops. plane. Today, flight-hours are increas- gious examples of waste in the defense The fact is that major studies from ing rapidly and will exceed 100,000 budget, yet DOD continues to request both government and industry have flight-hours in the first quarter of cal- this costly, ineffective machine. And shown that the V–22 is more operation- endar year 2011. Forty-six percent of with due respect, the only threat this ally effective and cost efficient than these hours have been flown in the last amendment poses if it doesn’t pass, it any helicopter alternative. It requires 2 years. could kill our own troops. Even worse, fewer aircraft, fewer personnel and sup- The first combat deployment was Congress continues to fund it. port than conventional rotorcraft. September 2007. From that time to the The Osprey was originally created to That results in a reduced footprint and, present, the V–22 has been in the fol- allow Marines to carry troops and what we all need to be concerned lowing deployments: three deploy- cargo faster, higher and farther than a about, particularly in this context, a ments in support of Operation Iraqi traditional helicopter. Now the Osprey lower total life-cycle costs. Freedom, three deployments in support is 186 percent over budget, costs $100 For that reason, I think that we of Operation Enduring Freedom, and million per unit to produce, it is not ought to reject this amendment and three Marine Expeditionary Unit de- suited to fly safely in extreme heat, ex- enable the Defense Department to ployments. cessive sand or under fire, and, sadly, choose its own priorities for cost cut- The Marine Corps has procured near- this aircraft has killed 30 Marines in ting, and certainly Secretary Gates is ly two-thirds of the required fleet of accidents. in the process of doing that. aircraft, 250 out of a total of 360. The The Government Accountability Of- I yield back. program is currently in the 4th year of fice recommended DOD reconsider pro- The Acting CHAIR. The question is a 5-year multiyear procurement, and curement of the Osprey, and experts on the amendment offered by the gen- we only give multiyear procurements argue a helicopter could achieve many tleman from Illinois (Mr. GUTIERREZ). on programs that we think are highly of the objectives of the Osprey at a The question was taken; and the Act- stable. much lower cost. Let’s show our con- ing Chair announced that the noes ap- This is a proven aircraft, and I urge stituents we are serious about cutting peared to have it. rejection of this amendment. the deficit by looking at all parts of Mr. GUTIERREZ. Mr. Chairman, I This is an important program, one the budget. Waste is waste; bloat is demand a recorded vote. that the Special Forces are going to bloat. The fact that it comes under the The Acting CHAIR. Pursuant to use, and I think we have to be very Department of Defense doesn’t change clause 6 of rule XVIII, further pro- careful. For the Marine Corps, this is anything. ceedings on the amendment offered by one of their essential programs that I urge adoption of this amendment the gentleman from Illinois will be they have strongly supported for many, because eliminating funding for pro- postponed.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H848 CONGRESSIONAL RECORD — HOUSE February 15, 2011 The Clerk will read. structed in shipyards in the United States essary to meet the needs of a warfighting re- The Clerk read as follows: shall be expended in foreign facilities for the quirement or prevents increased costs to the construction of major components of such taxpayer, and provides the reasons for failing WEAPONS PROCUREMENT, NAVY vessel: Provided further, That none of the to definitize the prior year contracts along For construction, procurement, produc- funds provided under this heading shall be with the prospective contract definitization tion, modification, and modernization of used for the construction of any naval vessel schedule: Provided further, That the Sec- missiles, torpedoes, other weapons, and rein foreign shipyards. retary of the Air Force shall expand the cur- lated support equipment including spare OTHER PROCUREMENT, NAVY rent HH–60 Operational Loss Replacement parts, and accessories therefor; expansion of program to meet the approved HH–60 Recapi- (INCLUDING TRANSFER OF FUNDS) public and private plants, including the land talization program requirements. necessary therefor, and such lands and inter- For procurement, production, and mod- MISSILE PROCUREMENT, AIR FORCE ests therein, may be acquired, and construc- ernization of support equipment and mate- tion prosecuted thereon prior to approval of rials not otherwise provided for, Navy ord- For construction, procurement, and modi- title; and procurement and installation of nance (except ordnance for new aircraft, new fication of missiles, spacecraft, rockets, and equipment, appliances, and machine tools in ships, and ships authorized for conversion); related equipment, including spare parts and public and private plants; reserve plant and the purchase of passenger motor vehicles for accessories therefor, ground handling equip- Government and contractor-owned equip- replacement only, and the purchase of seven ment, and training devices; expansion of public and private plants, Government-owned ment layaway, $3,221,957,000, to remain avail- vehicles required for physical security of equipment and installation thereof in such able for obligation until September 30, 2013. personnel, notwithstanding price limitations applicable to passenger vehicles but not to plants, erection of structures, and acquisi- PROCUREMENT OF AMMUNITION, NAVY AND tion of land, for the foregoing purposes, and exceed $250,000 per vehicle; expansion of pub- MARINE CORPS such lands and interests therein, may be ac- lic and private plants, including the land For construction, procurement, produc- quired, and construction prosecuted thereon necessary therefor, and such lands and inter- tion, and modification of ammunition, and prior to approval of title; reserve plant and ests therein, may be acquired, and construc- accessories therefor; specialized equipment Government and contractor-owned equip- tion prosecuted thereon prior to approval of and training devices; expansion of public and ment layaway; and other expenses necessary title; and procurement and installation of private plants, including ammunition facili- for the foregoing purposes including rents equipment, appliances, and machine tools in ties, authorized by section 2854 of title 10, and transportation of things, $5,424,764,000, to public and private plants; reserve plant and United States Code, and the land necessary remain available for obligation until Sep- Government and contractor-owned equip- therefor, for the foregoing purposes, and tember 30, 2013. ment layaway, $5,804,963,000, to remain avail- such lands and interests therein, may be ac- PROCUREMENT OF AMMUNITION, AIR FORCE quired, and construction prosecuted thereon able for obligation until September 30, 2013: Provided, That of the funds made available in For construction, procurement, produc- prior to approval of title; and procurement tion, and modification of ammunition, and and installation of equipment, appliances, this paragraph, $15,000,000 shall be made available to procure equipment, not other- accessories therefor; specialized equipment and machine tools in public and private and training devices; expansion of public and plants; reserve plant and Government and wise provided for, and may be transferred to other procurement accounts available to the private plants, including ammunition facili- contractor-owned equipment layaway; and ties, authorized by section 2854 of title 10, other expenses necessary for the foregoing Department of the Navy, and that funds so transferred shall be available for the same United States Code, and the land necessary purposes, $790,527,000, to remain available for therefor, for the foregoing purposes, and obligation until September 30, 2013. purposes and the same time period as the account to which transferred. such lands and interests therein, may be ac- SHIPBUILDING AND CONVERSION, NAVY PROCUREMENT, MARINE CORPS quired, and construction prosecuted thereon For expenses necessary for the construc- prior to approval of title; and procurement For expenses necessary for the procure- tion, acquisition, or conversion of vessels as and installation of equipment, appliances, ment, manufacture, and modification of mis- authorized by law, including armor and ar- and machine tools in public and private siles, armament, military equipment, spare mament thereof, plant equipment, appli- plants; reserve plant and Government and parts, and accessories therefor; plant equip- ances, and machine tools and installation contractor-owned equipment layaway; and ment, appliances, and machine tools, and in- thereof in public and private plants; reserve other expenses necessary for the foregoing stallation thereof in public and private plant and Government and contractor-owned purposes, $731,487,000, to remain available for plants; reserve plant and Government and equipment layaway; procurement of critical, obligation until September 30, 2013. long lead time components and designs for contractor-owned equipment layaway; vehicles for the Marine Corps, including the pur- OTHER PROCUREMENT, AIR FORCE vessels to be constructed or converted in the (INCLUDING TRANSFER OF FUNDS) future; and expansion of public and private chase of passenger motor vehicles for re- For procurement and modification of plants, including land necessary therefor, placement only; and expansion of public and equipment (including ground guidance and and such lands and interests therein, may be private plants, including land necessary electronic control equipment, and ground acquired, and construction prosecuted there- therefor, and such lands and interests there- electronic and communication equipment), on prior to approval of title, as follows: in, may be acquired, and construction pros- and supplies, materials, and spare parts Carrier Replacement Program, ecuted thereon prior to approval of title, therefor, not otherwise provided for; the pur- $1,721,969,000; $1,236,436,000, to remain available for obliga- chase of passenger motor vehicles for re- Carrier Replacement Program (AP), tion until September 30, 2013. placement only, and the purchase of two ve- $908,313,000; AIRCRAFT PROCUREMENT, AIR FORCE hicles required for physical security of per- NSSN, $3,430,343,000; For construction, procurement, and modi- sonnel, notwithstanding price limitations NSSN (AP), $1,691,236,000; fication of aircraft and equipment, including applicable to passenger vehicles but not to CVN Refueling, $1,248,999,000; armor and armament, specialized ground exceed $250,000 per vehicle; lease of passenger CVN Refuelings (AP), $408,037,000; handling equipment, and training devices, motor vehicles; and expansion of public and DDG–1000 Program, $77,512,000; spare parts, and accessories therefor; special- private plants, Government-owned equip- DDG–51 Destroyer, $2,868,454,000; ized equipment; expansion of public and pri- ment and installation thereof in such plants, DDG–51 Destroyer (AP), $47,984,000; vate plants, Government-owned equipment erection of structures, and acquisition of Littoral Combat Ship, $1,168,984,000; and installation thereof in such plants, erec- land, for the foregoing purposes, and such Littoral Combat Ship (AP), $190,351,000; tion of structures, and acquisition of land, lands and interests therein, may be acquired, LHA–R, $942,837,000; for the foregoing purposes, and such lands and construction prosecuted thereon, prior Joint High Speed Vessel, $180,703,000; and interests therein, may be acquired, and to approval of title; reserve plant and Gov- Oceanographic Ships, $88,561,000; construction prosecuted thereon prior to ap- ernment and contractor-owned equipment LCAC Service Life Extension Program, proval of title; reserve plant and Govern- layaway, $17,568,091,000, to remain available $83,035,000; ment and contractor-owned equipment lay- for obligation until September 30, 2013: Pro- Service Craft, $13,770,000; and away; and other expenses necessary for the vided, That of the funds made available in For outfitting, post delivery, conversions, foregoing purposes including rents and trans- this paragraph, $15,000,000 shall be made and first destination transportation, portation of things, $13,483,739,000, to remain available to procure equipment, not other- $295,570,000. available for obligation until September 30, wise provided for, and may be transferred to In all: $15,366,658,000, to remain available 2013: Provided, That none of the funds pro- other procurement accounts available to the for obligation until September 30, 2015: Pro- vided in this Act for modification of C–17 air- Department of the Air Force, and that funds vided, That additional obligations may be in- craft, Global Hawk Unmanned Aerial Vehicle so transferred shall be available for the same curred after September 30, 2015, for engineer- and F–22 aircraft may be obligated until all purposes and the same time period as the ac- ing services, tests, evaluations, and other C–17, Global Hawk and F–22 contracts funded count to which transferred. such budgeted work that must be performed with prior year ‘‘Aircraft Procurement, Air in the final stage of ship construction: Pro- Force’’ appropriated funds are definitized un- PROCUREMENT, DEFENSE-WIDE vided further, That none of the funds provided less the Secretary of the Air Force certifies (INCLUDING TRANSFER OF FUNDS) under this heading for the construction or in writing to the congressional defense com- For expenses of activities and agencies of conversion of any naval vessel to be con- mittees that each such obligation is nec- the Department of Defense (other than the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H849 military departments) necessary for procure- diers, our sailors, our airmen, and our native energy technologies to a level ment, production, and modification of equip- fighters. commensurate with their operational ment, supplies, materials, and spare parts So I would urge support of this and financial value. The Defense therefor, not otherwise provided for; the pur- amendment reducing by $115 million Science Board recommended that the chase of passenger motor vehicles for re- the deficit that our Nation faces. Department of Defense invest in basic placement only; expansion of public and pri- Mr. FRELINGHUYSEN. Mr. Chair- vate plants, equipment, and installation research to develop new fuel tech- thereof in such plants, erection of struc- man, I move to strike the requisite nologies that are too risky for private tures, and acquisition of land for the fore- number of words. investments and to partner with pri- going purposes, and such lands and interests The Acting CHAIR. The gentleman vate sector fuel users to leverage ef- therein, may be acquired, and construction from New Jersey is recognized for 5 forts and share burdens. The bill em- prosecuted thereon prior to approval of title; minutes. phasizes funding these types of initia- reserve plant and Government and con- Mr. FRELINGHUYSEN. Mr. Chair- tives. tractor-owned equipment layaway, man, I rise in opposition to the amend- I strongly urge rejection of this $4,009,321,000, to remain available for obliga- ment. The Defense Subcommittee has tion until September 30, 2013: Provided, That amendment. spent much time over the past 2 years Mr. LYNCH. Mr. Chairman, I move to of the funds made available in this para- looking into the effects of the serv- graph, $15,000,000 shall be made available to strike the last word. procure equipment, not otherwise provided ices—all the services—to reduce their The Acting CHAIR. The gentleman is for, and may be transferred to other procure- dependence on fossil fuel. The Depart- recognized for 5 minutes. ment accounts available to the Department ment of Defense, which consumes 93 Mr. LYNCH. Mr. Chairman, I rise in of Defense, and that funds so transferred percent of all the fuel consumed by the opposition to the amendment. shall be available for the same purposes and U.S. Government, has made significant I don’t come here to argue that we the same time period as the account to strides in reducing its consumption, don’t have to make serious cuts and re- which transferred. but the associated logistics of moving duce our spending. I’m sure that we DEFENSE PRODUCTION ACT PURCHASES fuel for vehicles, aircraft, forward oper- do—and we will. But I do find it re- For activities by the Department of De- ating bases remain massive and costly. markable that I stood in this place a fense pursuant to sections 108, 301, 302, and It has also been shown that for every 24 matter of weeks ago and fought to have 303 of the Defense Production Act of 1950 (50 fuel convoys in Afghanistan, an Amer- a small increase in taxes for million- U.S.C. App. 2078, 2091, 2092, and 2093), ican soldier is wounded or killed. $34,346,000, to remain available until ex- aires that would have eased the burden The Defense Subcommittee has made that we face today, but the argument pended. a conscious and dedicated effort to ad- was made—and made loudly from my b 1820 vance the Department’s efforts, search- colleagues across the aisle—that we ing for better ways to reduce consump- AMENDMENT NO. 86 OFFERED BY MR. POMPEO couldn’t afford to make millionaires tion and alleviate the costly and com- Mr. POMPEO. Mr. Chairman, I offer pay more taxes. We were talking about plicated logistics. This amendment, an amendment. increasing the tax rate on amounts however, would unnecessarily erase The Acting CHAIR. The Clerk will over $250,000 from 36 percent to 39 per- that progress and further the Depart- designate the amendment. cent, and we were told that we could ment’s dependence on fossil fuels. For The text of the amendment is as fol- not do that. this, and many other reasons, I urge a lows: Yet here we are today and we’re talk- ‘‘no’’ vote on this amendment. Page 32, line 21, after the dollar amount, Mr. DICKS. Mr. Chairman, I rise in ing about cutting low-income heating insert ‘‘(reduced by $3,200,000)’’. assistance for families in the Northeast Page 33, line 9, after the dollar amount, in- strong opposition to the amendment. The Acting CHAIR. The gentleman in New England that are suffering from sert ‘‘(reduced by $36,320,000)’’. the worst winter in decades. We’re Page 33, line 16, after the dollar amount, from Washington is recognized for 5 insert ‘‘(reduced by $40,000,000)’’. minutes. talking about cutting WIC for single Page 33, line 16, after the dollar amount, Mr. DICKS. The amendment cuts moms who are trying to raise kids. insert ‘‘(reduced by $4,000,000)’’. $115.5 million in funding for develop- We’re talking about cutting education Page 34, line 6, after the dollar amount, in- ment of alternative energy. The bill in- and funds for kids. sert ‘‘(reduced by $32,000,000)’’. cludes funding based in part on the De- It seems that our priorities are mis- Page 359, line 6, after the dollar amount, fense Science Board’s February 2008 replaced here. Save the tax cuts for the insert ‘‘(increased by $115,520,000)’’. port on DOD energy strategy. The DSB millionaires but cut everything for The Acting CHAIR. The gentleman report made numerous recommenda- people who have nowhere else to turn. from Kansas is recognized for 5 min- tions to improve DOD energy effi- It’s reverse Robin Hood. We’re robbing utes. ciency. In addition, the committee held from the poor to make sure the rich Mr. POMPEO. Mr. Chairman, I rise to a formal briefing with officials from keep their tax cuts. I can’t believe it. amend the Defense appropriations bill the Military Services, the Defense Lo- In that bill not many weeks ago—just by cutting $115 million of additional gistic Agency, and OSD to review en- a few weeks ago, we actually—I didn’t, funding. This $115 million is aimed at ergy efficiency and energy technology but those who voted for it did—cut $119 alternative energy inside the Defense programs. billion out of Social Security, but we Department appropriations budget. I DOD is the largest single consumer of kept those tax cuts for those million- will assure you that with the President energy in the United States. In 2006, it aires. having advocated in his budget for bil- spent $13.6 billion to buy 110 million With all due respect to my colleagues lions of dollars of alternative energy barrels of petroleum fuel—about 300,000 on the other side of the aisle from the research, development, and other types barrels of oil each day—and 3.8 billion tea party, I actually represent the city of research, that we don’t need $115 kilowatt hours of electricity. This rep- of Boston, the port of Boston. When million of that in our Department of resents about eight-tenths of 1 percent you visit the Tea Party Memorial, Defense budget. of total U.S. energy consumption and that’s in my district. Just for the This funding is wasteful, it’s duplica- 78 percent of energy consumption by record, I want to make sure people un- tive, and won’t help our soldiers. It’s in the Federal Government. derstand when the colonists at the tea five different parts of the appropria- In combat operations such as Iraq party revolted, they threw the tea tions legislation in small amounts, and and Afghanistan, moving fuel to de- overboard. They didn’t throw senior this is new money. It’s above and be- ployed forces has proven to be a high- citizens overboard. They didn’t throw yond that which the President had re- risk operation. Reducing operational kids overboard. They didn’t throw quested. fuel demand is the single best means to young mothers on WIC overboard. We We are not underfunding alternative reduce that risk. However, the Defense have a challenge before us about where energy research. Just this week, the Science Board concluded that DOD is our priorities are going to be going for- Rand Corporation came out with a not currently equipped to make deci- ward. study talking about alternative energy sion on the most effective way to do so. I’m proud to say that I grew up in the research in the defense budget and they The DSB recommended increased in- housing projects in south Boston. I’m concluded it was not helping our sol- vestment in energy efficient and alter- not ashamed to say that we struggled

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H850 CONGRESSIONAL RECORD — HOUSE February 15, 2011 as a family when I was a kid. I’m too a long-term threat to our men and for 31 years with absolute certainty old to be a WIC baby; but if they had women in the field. It is also a long- that we were going to get here today, had it, I’m sure my family would have term threat to the budget of the De- because by 1980, we were already 10 been on it. As my dad used to say, partment of Defense. If you plot what years down the other side of Hubbert’s there were times in our family where their energy costs have been over time, peak as predicted by M. King Hubbert we had to save up to be poor. it probably rivals only the cost of in 1956. The military has been attuned to this b 1830 health care for our troops. I would hope that we understand the problem much more than any other But we have a moral obligation here opportunities here. As my friend from part of our society, and they have been to get our priorities right. I hope that the State of Washington pointed out, it very wisely pursuing alternative fuels at some point in this process that ide- is research that isn’t going to happen because, as we wind down on the avail- ology is set aside and that we really do from the private sector. This is the able fossil fuels, the world will ulti- tackle in a fair way the problems that sort of investment that government mately, of course, move to alternative this country faces. I’ve been here long needs to make up front. It’s the same fuels. The military has several reasons enough to understand that fairness thing that led to the development of for doing this. It is a very aggressive does not always carry the day in these the Internet. program, a very wise program; and I debates. It will have important economic ben- think that it would just be tragic if we Then you see the cuts to people who efits going forward because this will were to eliminate the funds for this. have nowhere else to turn. You see cuts not be exclusively the province of the They increasingly need to move to alternatives for all of those reasons; to Social Security. There was $119 bil- Department of Defense. The extent to and the rest of us need to move to al- lion cut out of Social Security several which these technologies work and can ternatives for an additional reason, weeks ago, and we diverted that out. be brought to scale, they will be devel- that they now are moving to alter- I’m sure at some point we’re going to oped by private companies. It will natives that they can produce on site hear that it’s unsustainable, that So- make a difference as to how we as cial Security is unsustainable, because to reduce the long supply trails that Americans live, because, after all, we create so many casualties over there. we cut $119 billion out of it; but we’ve as a country waste more energy than got seniors in this country who have They ought to have been doing this anybody in the world. earlier. I am delighted they’re doing it nowhere else to turn. They’re on fixed This is a very serious point. I deeply now, and I think it would be a national incomes. appreciate the wise counsel of the com- security tragedy if we were to deny We cut Social Security rather than mittee leadership, and I strongly urge them the funds to continue doing this. ask millionaires to give a little bit that this amendment be rejected. Mr. Chairman, I yield back the bal- more. I think that is not consistent Mr. Chairman, I yield back the balance of my time. with what this country is all about. I ance of my time. Ms. WOOLSEY. Mr. Chairman, I hope at some point that common sense Mr. BARTLETT. Mr. Chairman, I move to strike the last word. and mutual interests on behalf of move to strike the last word. The Acting CHAIR. The gentlewoman what’s really important in this country The Acting CHAIR. The gentleman from California is recognized for 5 min- do prevail in this Chamber, that ide- from Maryland is recognized for 5 minutes. ology, both far right and far left, is utes. Ms. WOOLSEY. Mr. Chairman, I rise tossed aside, and that we can actually Mr. BARTLETT. Last week, there to speak in support of the amendment get down to the business of moving this was WikiLeaks activity that pointed before this one, Congressman GUTIER- country forward. out a huge problem that we in the REZ’s amendment, to reduce funding Mr. Chairman, I yield back the bal- world face. WikiLeaks released some for the V–22 Osprey. ance of my time. confidential emails that indicated that This program has been highly trou- Mr. BLUMENAUER. Mr. Chairman, I the Saudis had only 60 percent of the bled since its inception. In fact, it was move to strike the requisite number of oil that they had advertised they had. almost canceled several times. As my words. I think this is probably true of most of friend Mr. GUTIERREZ noted, former De- The Acting CHAIR. The gentleman the OPEC countries that were fense Secretary Cheney actually called from Oregon is recognized for 5 min- incentivized to exaggerate their oil re- for its cancellation several times. Dur- utes. serves when they were permitted to ing its testing, the V–22 killed 30 peo- Mr. BLUMENAUER. I rise in opposi- pump a percentage of the oil reserves. ple; and in April 2010, a V–22 crashed in tion to the amendment. I strongly sup- Mr. Chairman, there is almost no- Afghanistan, killing four more people. port the comments from the gentlemen body now who doesn’t agree that the The GAO has noted that this plane has from New Jersey and the State of world reached its maximum production trouble flying over 8,000 feet or in ex- Washington. In fact, they understated of conventional oil in 2006. We’ve been treme heat. the case. stuck now for about 5 years at 84, 85 You know what? There’s more. This plane has a problem carrying Mr. Chairman, the United States De- million barrels a day of oil. Increas- troops, transporting cargo, and oper- partment of Defense is the largest con- ingly, the difference between conven- ating off naval vessels. No wonder the sumer of energy in the world. These, I tional oils, which are now falling off in Pentagon wants to cancel the program think, ill-advised efforts to undercut production, and that 84, 85 million bar- important research areas have signifi- in its entirety. rels a day is that it is made up by un- Mr. DICKS. Will the gentlewoman cant implications, first and foremost, conventional oil, like the heavy sour of yield? for the operational activities of the De- Venezuela and the tar sands of Alberta, Ms. WOOLSEY. I yield to the gen- partment of Defense. The Iraq war was Canada. tleman from Washington. four times more energy intense than Our military has been very wisely Mr. DICKS. The Pentagon does not the first gulf war given what has hap- pursuing a goal that the rest of us want to kill this program. I just want pened in terms of changing tactics; should have been involved in. Maybe to make sure that you understand that, and, frankly, the danger to our troops they read Hyman Rickover’s speech because this is one of the highest prior- was understated. Those tankers might from 1957 where he noted that, in the ities for the Marine Corps, the Air as well have great big bull’s-eyes paint- 8,000-year recorded history of man, the Force and Special Operations. Most of ed on them because they were targets age of oil would be but a blip. He didn’t the problems you’re talking about have for terrorists, and they put our soldiers know then how long it would last, but been taken care of. at risk; and all of us represent States he said how long it lasted was impor- Ms. WOOLSEY. All right. Thank you, that lost people because of that vulner- tant in only one regard—the longer it Mr. Chairman. That is my under- ability. It costs over $100 a gallon to lasted, the more time we would have to standing of what the Pentagon wanted deliver this fuel to the front. plan an orderly transition to other to do, but I yield to your wisdom. I seriously hope that people take a sources of energy. I do believe that canceling the V–22 deep breath and listen to the counsel of Of course we have done none of that and saving $10 billion to $12 billion over the people from the committee. This is in spite of the fact that we have known 10 years would be real fiscal savings.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H851 Mr. Chairman, I yield back the bal- Heinrich Mica Roybal-Allard Pascrell Rush Thompson (MS) Heller Michaud Royce Posey Scalise Thompson (PA) ance of my time. Hensarling Miller (FL) Ryan (OH) Price (GA) Schiff Thornberry The Acting CHAIR. The question is Herger Miller (MI) Ryan (WI) Price (NC) Schilling Tiberi on the amendment offered by the gen- Herrera Beutler Miller, Gary Sa´ nchez, Linda Reed Schmidt Tipton tleman from Kansas (Mr. POMPEO). Himes Miller, George T. Renacci Schock Turner Hirono Moore Sanchez, Loretta Reyes Schwartz Visclosky The question was taken; and the Act- Holt Mulvaney Sarbanes Ribble Scott (VA) Walden ing Chair announced that the noes ap- Honda Murphy (CT) Schakowsky Richmond Scott, David Walz (MN) peared to have it. Huelskamp Myrick Schrader Rigell Sessions Wasserman Mr. POMPEO. Mr. Chairman, I de- Huizenga (MI) Nadler Schweikert Rivera Sewell Schultz Hurt Napolitano Scott (SC) Roby Sherman Watt mand a recorded vote. Inslee Neal Scott, Austin Roe (TN) Shuster Webster The Acting CHAIR. Pursuant to Jackson Lee Neugebauer Sensenbrenner Rogers (AL) Simpson West clause 6 of rule XVIII, further pro- (TX) Olver Serrano Rogers (KY) Sires Westmoreland Jenkins Pallone Shimkus Rooney Slaughter Whitfield ceedings on the amendment offered by Johnson (IL) Pastor (AZ) Shuler Ros-Lehtinen Smith (NJ) Wilson (SC) the gentleman from Kansas will be Jones Paul Smith (NE) Roskam Smith (TX) Wittman postponed. Kaptur Paulsen Speier Ross (FL) Smith (WA) Wolf Keating Payne Stark Rothman (NJ) Southerland Womack Kind Pearce Stearns Runyan Stivers Young (FL) b 1840 Kucinich Pelosi Stutzman Ruppersberger Sullivan Young (IN) ANNOUNCEMENT BY THE ACTING CHAIR Labrador Pence Sutton Landry Perlmutter Terry NOT VOTING—3 The Acting CHAIR. Pursuant to Lee (CA) Peters Thompson (CA) Giffords Lewis (GA) Waters clause 6 of rule XVIII, proceedings will Levin Peterson Tierney now resume on those amendments Lipinski Petri Tonko b 1908 Loebsack Pingree (ME) Towns printed in the CONGRESSIONAL RECORD Lofgren, Zoe Pitts Tsongas Messrs. GRIFFIN of Arkansas, on which further proceedings were Lowey Platts Upton ROTHMAN of New Jersey, GOSAR, postponed, in the following order: Luja´ n Poe (TX) Van Hollen Mrs. NOEM, Messrs. ROGERS of Ala- Lummis Polis Vela´ zquez Amendment No. 370 by Mr. FLAKE of Lungren, Daniel Pompeo Walberg bama, ALTMIRE, OLSON, Ms. ED- Arizona. E. Quayle Walsh (IL) WARDS, Messrs. LATHAM, BECERRA Amendment No. 87 by Mr. POMPEO of Lynch Quigley Waxman and HINOJOSA changed their vote Kansas. Mack Rahall Weiner from ‘‘aye’’ to ‘‘no.’’ Manzullo Rangel Welch Amendment No. 63 by Mr. GUTIERREZ Markey Rehberg Wilson (FL) Messrs. CLARKE of Michigan, of Illinois. Matheson Reichert Woodall CARDOZA, ROSS of Arkansas, Amendment No. 86 by Mr. POMPEO of Matsui Richardson Woolsey TIERNEY, NEAL, ROGERS of Michi- Kansas. McClintock Rogers (MI) Wu McCollum Rohrabacher Yarmuth gan, ALEXANDER, COHEN, LANDRY, The Chair will reduce to 2 minutes McDermott Rokita Yoder FATTAH, INSLEE, CASSIDY, Ms. the time for any electronic vote after McGovern Ross (AR) Young (AK) TSONGAS, Ms. LORETTA SANCHEZ the first vote in this series. of California, Ms. RICHARDSON, Mrs. NOES—223 AMENDMENT NO. 370 OFFERED BY MR. FLAKE BACHMANN, Mrs. MILLER of Michi- Ackerman Davis (KY) Johnson (GA) gan, Mr. RYAN of Ohio, Mr. THOMP- The Acting CHAIR. The unfinished Adams DeGette Johnson (OH) business is the demand for a recorded Aderholt Denham Johnson, E. B. SON of California, Ms. MATSUI, Ms. vote on the amendment offered by the Akin DesJarlais Johnson, Sam SUTTON, Messrs. ENGEL, gentleman from Arizona (Mr. FLAKE) Altmire Deutch Jordan FORTENBERRY, MILLER of Florida, Andrews Diaz-Balart Kelly on which further proceedings were Austria Dicks Kildee Ms. SPEIER, Ms. DELAURO, Messrs. postponed and on which the ayes pre- Bachus Dreier King (IA) ELLISON, MURPHY of Connecticut vailed by voice vote. Barletta Duncan (SC) King (NY) and ROKITA changed their vote from Barrow Edwards Kingston ‘‘no’’ to ‘‘aye.’’ The Clerk will redesignate the Bartlett Emerson Kinzinger (IL) amendment. Becerra Farenthold Kissell So the amendment was rejected. The Clerk redesignated the amend- Benishek Farr Kline The result of the vote was announced ment. Berg Fincher Lamborn as above recorded. Biggert Fleischmann Lance RECORDED VOTE Bilbray Fleming Langevin AMENDMENT NO. 87 OFFERED BY MR. POMPEO The Acting CHAIR. A recorded vote Bilirakis Forbes Lankford The Acting CHAIR. The unfinished Bishop (GA) Foxx Larsen (WA) business is the demand for a recorded has been demanded. Bishop (UT) Frelinghuysen Larson (CT) A recorded vote was ordered. Black Fudge Latham vote on the amendment offered by the The vote was taken by electronic de- Blumenauer Gallegly LaTourette gentleman from Kansas (Mr. POMPEO) vice, and there were—ayes 207, noes 223, Bonner Garamendi Latta on which further proceedings were Boren Gardner Lewis (CA) not voting 3, as follows: Brady (PA) Gerlach LoBiondo postponed and on which the ayes pre- [Roll No. 41] Brooks Gibbs Long vailed by voice vote. Brown (FL) Gingrey (GA) Lucas AYES—207 The Clerk will redesignate the Buchanan Gonzalez Luetkemeyer amendment. Alexander Cassidy Duncan (TN) Bucshon Gosar Maloney Amash Castor (FL) Ellison Buerkle Gowdy Marchant The Clerk redesignated the amend- Baca Chabot Ellmers Burton (IN) Granger Marino ment. Bachmann Chaffetz Engel Butterfield Graves (MO) McCarthy (CA) RECORDED VOTE Baldwin Chandler Eshoo Calvert Green, Al McCarthy (NY) Barton (TX) Chu Fattah Camp Green, Gene McCaul The Acting CHAIR. A recorded vote Bass (CA) Cicilline Filner Canseco Griffin (AR) McCotter has been demanded. Bass (NH) Clarke (MI) Fitzpatrick Cantor Grimm McHenry A recorded vote was ordered. Berkley Clarke (NY) Flake Capito Guthrie McIntyre Berman Clay Flores Carter Hall McKeon The Acting CHAIR. This will be a 2- Bishop (NY) Coble Fortenberry Cleaver Hanabusa McKinley minute vote. Blackburn Cohen Frank (MA) Clyburn Harper McMorris The vote was taken by electronic de- Bono Mack Cooper Franks (AZ) Coffman (CO) Hartzler Rodgers Boswell Costa Garrett Cole Hastings (FL) McNerney vice, and there were—ayes 72, noes 358, Boustany Crowley Gibson Conaway Hastings (WA) Meehan not voting 3, as follows: Brady (TX) Cummings Gohmert Connolly (VA) Heck Meeks [Roll No. 42] Braley (IA) Davis (IL) Goodlatte Conyers Higgins Miller (NC) Broun (GA) DeFazio Graves (GA) Costello Hinchey Moran AYES—72 Burgess DeLauro Griffith (VA) Courtney Hinojosa Murphy (PA) Alexander Campbell Duncan (TN) Campbell Dent Grijalva Cravaack Holden Noem Amash Cassidy Ellmers Capps Dingell Guinta Crawford Hoyer Nugent Bass (NH) Chabot Fitzpatrick Capuano Doggett Gutierrez Crenshaw Hultgren Nunes Blackburn Coble Flake Cardoza Dold Hanna Critz Hunter Nunnelee Broun (GA) Dold Frank (MA) Carnahan Donnelly (IN) Harman Cuellar Israel Olson Burgess Duffy Gardner Carney Doyle Harris Culberson Issa Owens Burton (IN) Duncan (SC) Garrett Carson (IN) Duffy Hayworth Davis (CA) Jackson (IL) Palazzo

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H852 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Gibson McCaul Ryan (WI) Napolitano Rogers (KY) Speier Keating Pallone Serrano Goodlatte McClintock Scalise Neal Rogers (MI) Stark Kildee Paul Slaughter Gowdy McKinley Schweikert Noem Rohrabacher Stivers Kind Payne Speier Graves (GA) Miller (FL) Scott, Austin Nugent Rokita Sullivan Kucinich Perlmutter Stark Griffith (VA) Miller (MI) Sensenbrenner Nunes Rooney Sutton Lee (CA) Peters Thompson (CA) Heller Mulvaney Sessions Nunnelee Ros-Lehtinen Terry Lofgren, Zoe Petri Tierney Hensarling Myrick Shimkus Olson Roskam Thompson (CA) Lummis Pingree (ME) Towns Herrera Beutler Neugebauer Smith (NE) Olver Ross (AR) Thompson (MS) Lynch Polis Upton Owens Ross (FL) Thompson (PA) Maloney Quigley Huelskamp Paul Stearns Vela´ zquez Huizenga (MI) Pence Stutzman Palazzo Rothman (NJ) Thornberry Markey Rahall Walden Hurt Petri Upton Pallone Roybal-Allard Tiberi Matsui Rangel Walz (MN) Jenkins Pitts Walsh (IL) Pascrell Runyan Tierney McCollum Richmond Johnson (IL) Pompeo Westmoreland Pastor (AZ) Ruppersberger Tipton McDermott Rohrabacher Waters Labrador Quayle Whitfield Paulsen Rush Tonko McGovern Roybal-Allard Watt Lummis Rehberg Woodall Payne Ryan (OH) Towns Michaud Royce Waxman Mack Ribble Yoder Pearce Sa´ nchez, Linda Tsongas Miller, George Sa´ nchez, Linda Weiner Marchant Royce Young (IN) Pelosi T. Turner Moore T. Welch Perlmutter Sanchez, Loretta Van Hollen Myrick Sarbanes Woolsey NOES—358 Peters Sarbanes Vela´ zquez Nadler Schakowsky Wu Peterson Schakowsky Visclosky Neal Schrader Yarmuth Ackerman Cuellar Hunter Pingree (ME) Schiff Walberg Olver Sensenbrenner Adams Culberson Inslee Platts Schilling Walden Aderholt Cummings Israel Poe (TX) Schmidt Walz (MN) NOES—326 Akin Davis (CA) Issa Polis Schock Wasserman Ackerman DesJarlais Jackson Lee Altmire Davis (IL) Jackson (IL) Posey Schrader Schultz Adams Diaz-Balart (TX) Andrews Davis (KY) Jackson Lee Price (GA) Schwartz Watt Aderholt Dicks Jenkins Austria DeFazio (TX) Price (NC) Scott (SC) Waxman Akin Doggett Johnson (GA) Baca DeGette Johnson (GA) Quigley Scott (VA) Webster Alexander Dold Johnson (IL) Bachmann DeLauro Johnson (OH) Rahall Scott, David Weiner Altmire Donnelly (IN) Johnson (OH) Bachus Denham Johnson, E. B. Rangel Serrano Welch Andrews Doyle Johnson, E. B. Baldwin Dent Johnson, Sam Reed Sewell West Austria Dreier Johnson, Sam Barletta DesJarlais Jones Reichert Sherman Wilson (FL) Baca Duffy Jones Barrow Deutch Jordan Renacci Shuler Wilson (SC) Bachmann Duncan (SC) Jordan Bartlett Diaz-Balart Kaptur Reyes Shuster Wittman Bachus Ellmers Kaptur Barton (TX) Dicks Keating Richardson Simpson Wolf Barletta Emerson Kelly Bass (CA) Dingell Kelly Richmond Sires Womack Barrow Engel King (IA) Becerra Doggett Kildee Rigell Slaughter Woolsey Bartlett Farenthold King (NY) Benishek Donnelly (IN) Kind Rivera Smith (NJ) Wu Barton (TX) Fattah Kingston Berg Doyle King (IA) Roby Smith (TX) Yarmuth Benishek Fincher Kinzinger (IL) Berkley Dreier King (NY) Roe (TN) Smith (WA) Young (AK) Berg Fitzpatrick Kissell Berman Edwards Kingston Rogers (AL) Southerland Young (FL) Biggert Flake Kline Biggert Ellison Kinzinger (IL) Bilbray Fleischmann Labrador Bilbray Emerson Kissell NOT VOTING—3 Bilirakis Fleming Lamborn Bilirakis Engel Kline Giffords Lewis (GA) Waters Bishop (GA) Flores Lance Bishop (GA) Eshoo Kucinich Bishop (NY) Forbes Landry Bishop (NY) Farenthold Lamborn Bishop (UT) Fortenberry Langevin Bishop (UT) Farr Lance b 1913 Black Foxx Lankford Black Fattah Landry Blackburn Franks (AZ) Larsen (WA) Blumenauer Filner Langevin Messrs. LYNCH and WEINER Bonner Frelinghuysen Larson (CT) Bonner Fincher Lankford changed their vote from ‘‘aye’’ to ‘‘no.’’ Boren Gallegly Latham Bono Mack Fleischmann Larsen (WA) Boustany Gardner LaTourette Boren Fleming So the amendment was rejected. Larson (CT) Brady (PA) Garrett Latta Boswell Flores The result of the vote was announced Latham Brady (TX) Gerlach Levin Boustany Forbes LaTourette as above recorded. Brooks Gibbs Lewis (CA) Brady (PA) Fortenberry Latta Broun (GA) Gibson Lipinski Brady (TX) Foxx AMENDMENT NO. 63 OFFERED BY MR. GUTIERREZ Lee (CA) Brown (FL) Gingrey (GA) LoBiondo Braley (IA) Franks (AZ) Levin The Acting CHAIR. The unfinished Buchanan Gohmert Loebsack Brooks Frelinghuysen Lewis (CA) business is the demand for a recorded Bucshon Gonzalez Long Brown (FL) Fudge Lipinski Buerkle Goodlatte Lowey Buchanan Gallegly vote on the amendment offered by the LoBiondo Burgess Gosar Lucas Bucshon Garamendi gentleman from Illinois (Mr. GUTIER- Loebsack Burton (IN) Gowdy Luetkemeyer Buerkle Gerlach Lofgren, Zoe REZ) on which further proceedings were Butterfield Granger Luja´ n Butterfield Gibbs Long postponed and on which the noes pre- Calvert Graves (GA) Lungren, Daniel Calvert Gingrey (GA) Lowey Camp Graves (MO) E. Camp Gohmert vailed by voice vote. Lucas Canseco Green, Al Mack Canseco Gonzalez Luetkemeyer The Clerk will redesignate the Cantor Green, Gene Manzullo Cantor Gosar ´ Lujan amendment. Capito Griffin (AR) Marchant Capito Granger Lungren, Daniel Capps Griffith (VA) Marino Capps Graves (MO) The Clerk redesignated the amend- E. Carnahan Grimm Matheson Capuano Green, Al ment. Lynch Carney Guinta McCarthy (CA) Cardoza Green, Gene Maloney RECORDED VOTE Carson (IN) Guthrie McCarthy (NY) Carnahan Griffin (AR) Manzullo Carter Hall McCaul Carney Grijalva The Acting CHAIR. A recorded vote Marino Cassidy Hanabusa McClintock Carson (IN) Grimm Markey has been demanded. Chaffetz Hanna McCotter Carter Guinta Matheson A recorded vote was ordered. Chandler Harman McHenry Castor (FL) Guthrie Matsui Cicilline Harper McIntyre Chaffetz Gutierrez The Acting CHAIR. This is a 2- McCarthy (CA) Clyburn Harris McKeon Chandler Hall minute vote. McCarthy (NY) Coffman (CO) Hartzler McKinley Chu Hanabusa McCollum The vote was taken by electronic de- Cole Hastings (FL) McMorris Cicilline Hanna McCotter vice, and there were—ayes 105, noes 326, Conaway Hastings (WA) Rodgers Clarke (MI) Harman McDermott Connolly (VA) Hayworth McNerney Clarke (NY) Harper not voting 2, as follows: McGovern Costello Heck Meehan Clay Harris McHenry [Roll No. 43] Courtney Heinrich Meeks Cleaver Hartzler McIntyre Cravaack Hensarling Mica Clyburn Hastings (FL) AYES—105 McKeon Crawford Herger Miller (FL) Coffman (CO) Hastings (WA) Amash Chabot Ellison McMorris Crenshaw Herrera Beutler Miller (MI) Cohen Hayworth Baldwin Chu Eshoo Rodgers Critz Higgins Miller (NC) Cole Heck Bass (CA) Clarke (MI) Farr McNerney Crowley Himes Miller, Gary Conaway Heinrich Bass (NH) Clarke (NY) Filner Meehan Cuellar Hinojosa Moran Connolly (VA) Herger Becerra Clay Frank (MA) Meeks Culberson Holden Mulvaney Conyers Higgins Berkley Cleaver Fudge Mica Cummings Hoyer Murphy (CT) Cooper Himes Berman Coble Garamendi Michaud Davis (CA) Huelskamp Murphy (PA) Costa Hinchey Blumenauer Cohen Grijalva Miller (NC) Davis (IL) Huizenga (MI) Napolitano Costello Hinojosa Bono Mack Conyers Gutierrez Miller, Gary Davis (KY) Hultgren Neugebauer Courtney Hirono Boswell Cooper Heller Miller, George DeFazio Hunter Noem Cravaack Holden Braley (IA) Costa Hinchey Moore DeGette Hurt Nugent Crawford Holt Campbell Deutch Hirono Moran DeLauro Inslee Nunes Crenshaw Honda Capuano Dingell Holt Murphy (CT) Denham Israel Nunnelee Critz Hoyer Cardoza Duncan (TN) Honda Murphy (PA) Dent Issa Olson Crowley Hultgren Nadler Castor (FL) Edwards Jackson (IL)

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H853 Owens Roskam Stearns Jordan Paul Sensenbrenner Perlmutter Rush Thompson (CA) Palazzo Ross (AR) Stivers Labrador Pence Sessions Peterson Ryan (OH) Thompson (MS) Pascrell Ross (FL) Stutzman Landry Peters Smith (NE) Petri Sa´ nchez, Linda Thompson (PA) Pastor (AZ) Rothman (NJ) Sullivan Lankford Pitts Southerland Pingree (ME) T. Thornberry Paulsen Runyan Sutton Lummis Platts Stearns Polis Sanchez, Loretta Tiberi Pearce Ruppersberger Terry Mack Poe (TX) Stutzman Price (GA) Sarbanes Tierney Pelosi Rush Thompson (MS) Manzullo Pompeo Tipton Price (NC) Schiff Tonko Pence Ryan (OH) Thompson (PA) McClintock Posey Upton Quigley Schilling Towns Peterson Ryan (WI) Thornberry Rahall Schmidt McKinley Quayle Walberg Tsongas Pitts Sanchez, Loretta Tiberi Mica Reed Rangel Schock Walden Turner Platts Scalise Tipton Miller (FL) Renacci Rehberg Schrader Walsh (IL) Van Hollen Poe (TX) Schiff Tonko Miller (MI) Ribble Reichert Schwartz Webster ´ Pompeo Schilling Tsongas Miller, Gary Rokita Reyes Scott (VA) Velazquez Posey Schmidt Turner Mulvaney Royce Whitfield Richardson Scott, David Visclosky Price (GA) Schock Van Hollen Murphy (CT) Ryan (WI) Wilson (SC) Richmond Serrano Walz (MN) Price (NC) Schwartz Visclosky Myrick Scalise Woodall Rigell Sewell Wasserman Quayle Schweikert Walberg Neugebauer Schakowsky Yoder Rivera Sherman Schultz Reed Scott (SC) Walsh (IL) Nugent Schweikert Young (AK) Roby Shimkus Waters Rehberg Scott (VA) Wasserman Nunes Scott (SC) Young (IN) Roe (TN) Shuler Watt Reichert Scott, Austin Schultz Olson Scott, Austin Rogers (AL) Shuster Waxman Renacci Scott, David Webster Rogers (KY) Simpson Weiner Reyes Sessions West NOES—320 Rogers (MI) Sires West Ribble Sewell Westmoreland Rohrabacher Slaughter Westmoreland Ackerman Denham Johnson, Sam Richardson Sherman Whitfield Rooney Smith (NJ) Wilson (FL) Rigell Shimkus Wilson (FL) Aderholt DesJarlais Kaptur Ros-Lehtinen Smith (TX) Akin Deutch Keating Wittman Rivera Shuler Wilson (SC) Roskam Smith (WA) Wolf Roby Shuster Wittman Alexander Diaz-Balart Kelly Ross (AR) Speier Womack Roe (TN) Simpson Wolf Andrews Dicks Kildee Ross (FL) Stark Woolsey Rogers (AL) Sires Womack Austria Dingell Kind Rothman (NJ) Stivers Wu Rogers (KY) Smith (NE) Woodall Baca Doggett King (NY) Roybal-Allard Sullivan Rogers (MI) Smith (NJ) Yoder Bachmann Dold Kingston Runyan Sutton Yarmuth Rokita Smith (TX) Young (AK) Baldwin Donnelly (IN) Kinzinger (IL) Ruppersberger Terry Young (FL) Rooney Smith (WA) Young (FL) Barletta Doyle Kissell Ros-Lehtinen Southerland Young (IN) Barrow Dreier Kline NOT VOTING—4 Bartlett Edwards Kucinich Giffords Lewis (GA) NOT VOTING—2 Bass (CA) Ellison Lamborn King (IA) Welch Giffords Lewis (GA) Bass (NH) Emerson Lance Becerra Engel Langevin b 1924 Berg Eshoo Larsen (WA) b 1918 Berkley Farenthold Larson (CT) Mrs. MCMORRIS RODGERS changed Berman Farr Latham her vote from ‘‘aye’’ to ‘‘no.’’ Ms. LORETTA SANCHEZ of Cali- Biggert Fattah LaTourette fornia changed her vote from ‘‘aye’’ to Bilbray Filner Latta So the amendment was rejected. ‘‘no.’’ Bilirakis Fincher Lee (CA) The result of the vote was announced Bishop (GA) Fitzpatrick Levin as above recorded. Messrs. CLEAVER, RICHMOND, and Bishop (NY) Fleischmann Lewis (CA) DEUTCH changed their vote from ‘‘no’’ Black Fleming Lipinski The Acting CHAIR. The Committee to ‘‘aye.’’ Blumenauer Flores LoBiondo will rise informally. So the amendment was rejected. Bonner Forbes Loebsack The Speaker pro tempore (Mr. Boren Fortenberry Lofgren, Zoe FLEISCHMANN) assumed the chair. The result of the vote was announced Boswell Foxx Long as above recorded. Brady (PA) Frank (MA) Lowey f Braley (IA) Franks (AZ) Lucas AMENDMENT NO. 86 OFFERED BY MR. POMPEO Brooks Frelinghuysen Luetkemeyer MESSAGE FROM THE SENATE The Acting CHAIR. The unfinished Brown (FL) Fudge Luja´ n business is the demand for a recorded Buchanan Gallegly Lungren, Daniel A message from the Senate by Ms. Buerkle Garamendi E. Curtis, one of its clerks, announced vote on the amendment offered by the Butterfield Gardner Lynch gentleman from Kansas (Mr. POMPEO) Calvert Gerlach Maloney that the Senate has passed with an on which further proceedings were Canseco Gibbs Marchant amendment in which the concurrence postponed and on which the noes pre- Cantor Gibson Marino of the House is requested, a bill of the Capito Gonzalez Markey House of the following title: vailed by voice vote. Capps Gosar Matheson The Clerk will redesignate the Capuano Granger Matsui H.R. 514. An act to extend expiring provi- amendment. Cardoza Graves (MO) McCarthy (CA) sions of the USA PATRIOT Improvement Carnahan Green, Al McCarthy (NY) and Reauthorization Act of 2005 and Intel- The Clerk redesignated the amend- Carney Green, Gene McCaul ment. ligence Reform and Terrorism Prevention Carson (IN) Griffin (AR) McCollum Act of 2004 relating to access to business RECORDED VOTE Carter Grijalva McCotter Castor (FL) Grimm McDermott records, individual terrorists as agents of The Acting CHAIR. A recorded vote Chandler Guthrie McGovern foreign powers, and roving wiretaps until De- has been demanded. Chu Gutierrez McHenry cember 8, 2011. A recorded vote was ordered. Cicilline Hanabusa McIntyre The SPEAKER pro tempore. The Clarke (MI) Hanna McKeon Committee will resume its sitting. The Acting CHAIR. This is a 2- Clarke (NY) Harman McMorris minute vote. Clay Harper Rodgers f The vote was taken by electronic de- Cleaver Hartzler McNerney vice, and there were—ayes 109, noes 320, Clyburn Hastings (FL) Meehan FULL-YEAR CONTINUING Coffman (CO) Hastings (WA) Meeks not voting 4, as follows: Cohen Heck Michaud APPROPRIATIONS ACT, 2011 [Roll No. 44] Cole Heinrich Miller (NC) The Committee resumed its sitting. Connolly (VA) Higgins Miller, George AYES—109 Conyers Himes Moore The Acting CHAIR. The Clerk will Adams Cassidy Graves (GA) Cooper Hinchey Moran read. Altmire Chabot Griffith (VA) Costa Hinojosa Murphy (PA) The Clerk read as follows: Amash Chaffetz Guinta Courtney Hirono Nadler Bachus Coble Hall Cravaack Holden Napolitano TITLE IV Barton (TX) Conaway Harris Crawford Holt Neal RESEARCH, DEVELOPMENT, TEST AND Benishek Costello Hayworth Crenshaw Honda Noem EVALUATION Bishop (UT) Dent Heller Critz Hoyer Nunnelee Blackburn Duffy Hensarling Crowley Hultgren Olver RESEARCH, DEVELOPMENT, TEST AND Bono Mack Duncan (SC) Herger Cuellar Hunter Owens EVALUATION, ARMY Boustany Duncan (TN) Herrera Beutler Culberson Inslee Palazzo For expenses necessary for basic and ap- Brady (TX) Ellmers Huelskamp Cummings Israel Pallone plied scientific research, development, test Broun (GA) Flake Huizenga (MI) Davis (CA) Issa Pascrell and evaluation, including maintenance, re- Bucshon Garrett Hurt Davis (IL) Jackson (IL) Pastor (AZ) Burgess Gingrey (GA) Jenkins Davis (KY) Jackson Lee Paulsen habilitation, lease, and operation of facili- Burton (IN) Gohmert Johnson (IL) DeFazio (TX) Payne ties and equipment, $9,710,998,000, to remain Camp Goodlatte Johnson (OH) DeGette Johnson (GA) Pearce available for obligation until September 30, Campbell Gowdy Jones DeLauro Johnson, E. B. Pelosi 2012.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H854 CONGRESSIONAL RECORD — HOUSE February 15, 2011 AMENDMENT NO. 162 OFFERED BY MR. QUIGLEY and development could be significantly ment program. But you can’t reduce Mr. QUIGLEY. Mr. Chairman, I have improved without harming security in research and development too much. an amendment at the desk. order to achieve savings. I don’t care what the best weapons The Acting CHAIR. The Clerk will The Fiscal Commission and the Bi- system you have is or that you are designate the amendment. partisan Policy Center have also put planning on having or that you have in The text of the amendment is as fol- forward proposals to reduce research the process, in the conceptual stage lows: and development costs. The Fiscal even. It never gets to where the soldier Page 33, line 9, after the dollar amount, in- Commission proposes reducing DOD’s and the sailor and the airman and the sert ‘‘(reduced by $971,099,800)’’. R&D budget by 10 percent, for a savings marine needs it without research and Page 33, line 16, after the dollar amount, of $7 billion in 2015. They pointed out development that makes it possible insert ‘‘(reduced by $1,796,130,300)’’. this reduction would leave DOD at a and feasible to build it and deploy it. Page 34, line 6, after the dollar amount, in- We have already cut a substantial sert ‘‘(reduced by $2,674, 240,500)’’. level above the peak of the Reagan years in real dollars. amount out of R&D. We can’t put a sol- Page 34, line 17, after the dollar amount, dier on the battlefield, and if his sys- insert ‘‘(reduced by $2,079,741,200)’’. The Fiscal Commission cites several Page 359, line 6, after the dollar amount, ongoing projects that could be reduced tem that he is working with doesn’t insert ‘‘(increased by $7,521,211,800)’’. or even canceled in order to reduce work, we can’t recall it like you can an automobile or a medicine or pill or The Acting CHAIR. The gentleman R&D costs. These programs include the something like that. It has got to from Illinois is recognized for 5 min- Marine Corps version of the F–35, which has been put on a 2-year proba- work. I don’t want to see an American utes. trooper on the front line, whether he is Mr. QUIGLEY. Mr. Chairman, my tion period by Secretary Gates for con- on the ground, whether he is in the air, tinued technical problems, cost over- amendment would reduce research and whether he is on the sea, whether he is runs, and delays. development spending at the Depart- under the sea, that has a failed system The Bipartisan Policy Center offers a ment of Defense by 10 percent. First in- because we failed to properly research similar plan, calling for reduced fund- clination, we all know research and de- it during the development stage. velopment is a good thing, but not ing of R&D proportional to the reduc- So I understand that there are some when it begets wasteful spending. The tion size of forces, or 18.5 percent. Re- who would cut defense just to cut de- continuing resolution before us makes duction in R&D would be possible, ar- fense. If you are going to reduce the de- deep cuts in non-defense discretionary gues the Bipartisan Policy Center, as fense budget, there ought to be a good spending. If we are truly serious about we withdraw from Iraq and Afghani- reason. There is not a good reason for reducing our long-term deficits, we stan and reduce our forces abroad. reducing this account. We have already must look at the whole picture—and Such a reduction in R&D will impose reduced the Defense Department $14.8 that picture includes defense. greater discipline in research invest- billion, and I just hope that nobody is Non-defense discretionary comprises ments while continuing to budget sig- tempted to vote for this just because it approximately 15 percent of Federal nificantly more resources than any is a cut. spending. Meanwhile, defense spending other country’s R&D. A cut in our de- I yield back. comprises 20 percent of Federal spend- fense R&D is also enabled by new secu- Mr. MORAN. Mr. Chairman, I move ing. We cannot ignore one-fifth of the rity threats we face. to strike the requisite number of budget. As Admiral Mike Mullen, Secretary Gates has called for a re- words. Chairman of the Joint Chiefs of Staff orientation of our national security The Acting CHAIR. The gentleman has said, ‘‘Our national debt is our big- strategy, with a greater focus on coun- from Virginia is recognized for 5 min- gest national security threat.’’ terinsurgency warfare rather than tra- utes. My amendment would cut a modest ditional warfare. This reorientation Mr. MORAN. Mr. Chairman, similar 10 percent from the Department of De- calls for investment in intelligence to the Small Business Innovation Re- fense’s research and development budg- gathering, devices to sense improvised search, this is actually one of the very et. DOD’s R&D spending has experi- explosive devices, and investments in most important things we can be doing enced more spending growth since 2001 lower cost machines such as drones, within the defense budget, not just for than any other major DOD appropria- and will allow us to move away from national security, but equally for our tion category. DOD’s research, develop- the more expensive development of national economy. This is the line item that funded the ment, testing and evaluation budget major weapons systems. Internet. The whole concept of the has increased 63 percent over the last We must reduce our deficit and we must reduce our spending, but in doing Internet came from DARPA, the De- 10 years, rising from $49.2 billion in FY fense Advanced Research Projects so we must put everything on the table 2001 to $80.2 billion in FY 2010. This is Agency, which is funded in this cat- and cut anywhere where waste exists. 33 percent more than the Cold War egory of the defense budget RDT&E, Mr. Chairman, there is a universe of peak in real terms, even though today Research, Development, Testing, and thought that less government is best we face no traditional adversary com- Evaluation. Imagine what the Internet and that government can do almost parable to the Soviet Union. Further, has meant to the American economy, nothing right. That thought ends at in FY 2009, R&D spending exceeded Chi- let alone the world. Look what just na’s entire defense budget, the world’s the Department of Defense. There are happened in Egypt, ultimately because second largest, by $10.5 billion. those who believe they can do no of the Internet. Surely as we look for places to bal- wrong. They have the Department of The GPS system that we have in our ance the budget and in light of the vast Defense blinders on, which blind them vehicles, we take it for granted now. superiority of our R&D budget, we can from the fact that if we are going to Where did it come from? The RDT&E afford to reduce spending by 10 percent. make these cuts and we are going to account in the Defense Department. face the very real threats that this b 1930 This is what we want to cut out? We debt and deficits will create for us, we can’t afford to. A number of fiscal commissions and have to cut across all lines. The unmanned aerial vehicles, the watchdog groups agree that DOD re- I yield back. drones, the most effective warfighting search and development should be cut Mr. YOUNG of Florida. Mr. Chair- weapon we have right now, a weapon and proposed a number of proposals to man, I rise in opposition to the gentle- that doesn’t put our soldiers’ lives at reduce this development. The Sustain- man’s amendment. risk but is maximally effective at tar- able Defense Task Force, a panel of de- The Acting CHAIR. The gentleman is geting the enemy, RDT&E. Defense re- fense experts from across the political recognized for 5 minutes. search. spectrum, recently recommended re- Mr. YOUNG of Florida. I would say to Precision targeting was a result of quiring DOD to set its priorities and the House, in the $14.8 billion that the research innovation within this ac- reduce R&D spending by $5 billion per subcommittee recommended which is count. That is what gives us our cut- year over 10 years. Additionally, the in this bill, a reduction in the defense ting edge. That is why we have the Cato Institute and the Task Force for a budget, a very large amount of that most effective defense capability in the Unified Security Budget agree research was reducing the research and develop- world. But it is also one of the reasons

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H855 why we have the strongest economy in b 1940 competition, with an accident rate the world. There is no other area of re- As we decide which cuts to make in having declined by a factor of seven, search that means as much to this our defense, ones that won’t hurt our the AV–8B has an accident rate 31⁄2 economy, and, frankly, it means a troops today, this should be at the top times that of the F–16. great deal to the entire world’s econ- of the list. Mr. Chairman, the Amer- Some will cite that the F136—that’s omy. ican people sent us here to change the the competitive engine—will require The National Institutes of Health, we way that Washington works. This $2.9 billion over 6 years to make it do wonderful research there, but, not- amendment is a perfect opportunity to competition ready. It’s interesting to withstanding the lives we save, the show your constituents that business note that the cost increase in the con- spinoff to the private sector is not as as usual in Washington is over. I urge tract for the current primary engine, extensive as the spinoff from the re- my colleagues to follow through with the F–35, is $3.4 billion, and that does search we do within the Defense De- their promises, to listen to the voters not include other government costs, partment. as to why they sent us here, and to independent research and development, I guess it is a good thing we get these vote to strike the funding for this ex- and component improvement program amendments because it gives us an op- pensive and unnecessary program. funding. The entire remaining develop- portunity to explain to the American Mr. BARTLETT. Mr. Chairman, I ment of the F–35 competitive engine people, particularly the taxpayer, what move to strike the requisite number of could have been funded with the over- they are getting for their money, words. run to date in the F–35 primary engine. where these ideas come from. Many of The Acting CHAIR. The gentleman Further, the GAO has found that key them come from the Defense Depart- from Maryland is recognized for 5 min- assumptions in the cost to go for the ment, and it is because of the invest- utes. F–35 competitive engine were unneces- ment we have made in research, devel- Mr. BARTLETT. During the debate sarily pessimistic based on historic ex- opment, testing, and evaluation. to strike funding for the F–35 competi- perience with the original alternate en- So I obviously would urge rejection tive engine you’re likely to hear many gine program. One of our colleagues has said that of this amendment. statements that just don’t square with the F–35 primary engine is ‘‘5 to 7 years I yield back my time. the facts in the program. Just today, I ahead of the F136 alternate engine in The Acting CHAIR. The question is have heard that it has been stated that development.’’ This is not the case at on the amendment offered by the gen- the primary engine for the F–35 air- all. First, the acquisition strategy for tleman from Illinois (Mr. QUIGLEY). craft has, in one case, 200,000 flight test the F–35 competitive engine called for The amendment was rejected. hours; another statement said 20,000 it to begin 4 years after the primary The Acting CHAIR. The Clerk will test hours. The reality is the F–35 pri- engine. The Pentagon told us last April read. mary engine has, as of the end of 2010, that the competitive engine was only 2 The Clerk read as follows: just 680 flight test hours and has 90 per- to 3 months behind schedule of the RESEARCH, DEVELOPMENT, TEST AND cent of its flight testing to go. You’re also likely to hear that there original plan. At the same time the EVALUATION, NAVY Pentagon notified the committee that For expenses necessary for basic and ap- are almost 30 U.S. military aircraft that operate with a sole source engine. the F135 primary engine was 24 months plied scientific research, development, test behind the schedule set in the original and evaluation, including maintenance, re- That’s interesting. The F–35 aircraft is habilitation, lease, and operation of facili- a single engine aircraft. No fighter air- October, 2001, contract. In other words, ties and equipment, $17,961,303,000, to remain craft engine has ever been required to had both engines begun at the same available for obligation until September 30, do what the F–35 engine is required to time, the alternative engine would now 2012: Provided, That funds appropriated in do—provide powered flight and also be almost 2 years ahead of the primary this paragraph which are available for the V– power a lift fan for the short takeoff engine. 22 may be used to meet unique operational and vertical-landing F–35B. In fact, I don’t know why there’s such confu- requirements of the Special Operations sion over the facts related to this issue. this challenging act of physics has just Forces: Provided further, That funds appro- Our committee has followed this issue resulted in the F–35B being put on priated in this paragraph shall be available for over 15 years, and we ask you to for the Cobra Judy program. ‘‘probation’’ by the Secretary of De- support the F–35 competitive engine fense, requiring redesign of the F–35B AMENDMENT NO. 2 OFFERED BY MR. ROONEY program as an important element to unique engine components. The current Mr. ROONEY. Mr. Chairman, I have controlling F–35 program costs and fu- estimate to complete development of an amendment at the desk. ture force readiness. The GAO has the F135 primary engine has been ex- The Acting CHAIR. The Clerk will looked at the competitive engine pro- tended several years and the estimated designate the amendment. grams. They have noted that histori- cost to complete the development pro- The text of the amendment is as fol- cally the competitive engine always gram is 450 percent above the Feb- lows: does two things: it makes the engines ruary, 2008, estimated completion cost. Page 33, line 16, after the dollar amount, cheaper and it makes them better. No- insert ‘‘(reduced by $225,000,000)’’. In fact, only two U.S. operational aircraft are single engine aircraft—the tice the accident rate that I noted ear- Page 34, line 6, after the dollar amount, in- lier. sert ‘‘(reduced by $225,000,000)’’. Air Force F–16 and the Marine Corps Furthermore, this new aircraft is Page 359, line 6, after the dollar amount, AV–8B. The F–35 is scheduled to re- supposed to be ultimately 95 percent of insert ‘‘(increased by $450,000,000)’’. place those aircraft and will not be all of the aircraft in all of our services. The Acting CHAIR. The gentleman operational until at least 2016. The F– Can you imagine what would happen if from Florida is recognized for 5 min- 16 was the first aircraft to use an alter- there was a problem with the engine utes. nate engine, beginning in the mid- and we had to stand down. We would Mr. ROONEY. Mr. Chairman, I rise 1980s, and still does so today. Accident have essentially no fighter aircraft in today in support of my amendment rates have trended from 14 mishaps per any of our services. It is essential we striking funding for an extra engine for 100,000 flight hours in 1980 with the continue with the alternative engine— the F–35 fighter jet to immediately Pratt & Whitney engine, when the al- and I hope not just to continue its de- save the American taxpayers $450 mil- ternate engine program was first fund- velopment, to make the primary en- lion. It is dubious why Congress con- ed, to less than just 2 mishaps per gine better and cheaper, but to provide tinues to fund a program that the Air 100,000 flight hours in 2009 for both the a second engine for duplication. Force, the Navy, the Marine Corps, and Pratt & Whitney and the GE engines. A I yield back the balance of my time. the Department of Defense adamantly review of the AV–8B accident data last Mr. COFFMAN of Colorado. Mr. state they do not want. Just today, De- year indicated an accident rate six Chairman, I move to strike the last fense Secretary Robert Gates called times that of the other Navy fighter word. the program ‘‘an unnecessary and ex- aircraft, the F–18, and over 31⁄2 times The Acting CHAIR. The gentleman is travagant expense’’ and stated that the rate of the F–16. The AV–8B will be recognized for 5 minutes. this money is needed for higher pri- replaced by F–35B. So while the alter- Mr. COFFMAN of Colorado. Mr. ority defense efforts. native engine F–16 has benefited from Chairman, it is time to end the Joint

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H856 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Strike Fighter second engine mistake. And we have one engine manufacturer with a few more whiskers here under- In 2001, the GE engine lost in procure- that we’re going to be reliant upon. It’s stand the problem that came along on ment competition to the one designed also going to be one of our most sub- the F–16, where we had an engine man- by Pratt & Whitney. A sole source de- stantial exports to other militaries ufacturer that couldn’t get the engine velopment contract was signed in 2005. around the world. It’s going to be a done, and the whole airframe was at But since 1997, Congress has provided very substantial source of jobs and rev- risk. In this case, you have the air- for a Joint Strike Fighter alternative enue, and in fact, I have to say, mili- frame for the Marine Corps, the Navy, engine program. This continuing reso- tary dominance. and the Air Force, so this Congress wisely decided that we’re going to have lution includes $450 million for the al- b 1950 ternate engine in the Joint Strike two engines. Fighter. What we are talking about is having First of all, from a security point of According to the Pentagon, the sec- competition to ensure that we get the view, what this allows us to do is to ond engine’s cost is close to $2.9 billion. best bang for the buck for the tax- make sure that we have an engine that The Department of Defense is clear: in payers. In fact, the Government Ac- is on time and on delivery. Certainly, their view, our military and the tax- countability Office has estimated, over the competition is another good point. payers are best served by not pursuing the long run, we will save money You save a lot of money. If you’ve got a second engine. There are more press- through this competition. That’s why two different contractors bidding ing Department of Defense priorities. the majorities of the Armed Services against each other, we’re going to get a There is just no guarantee that having Committee and the Defense Appropria- good price on the engines, and that’s two engines will create enough long- tions Committee have decided, after a going to be important, particularly term savings to outweigh the near- great deal of deliberation, that we need year in and year out. term costs of nearly $3 billion. competition in this program. Now, there are a couple of other The risk from a single engine is rea- If it were not such a major program, things that have not been mentioned sonable and consistent with past acqui- if it were not so expensive—a $100 bil- that I’ve heard this evening. One of sitions. A single engine is not a new ap- lion sole-source contract—maybe it them is that the second engine also has proach and does not create dangerous wouldn’t have mattered, but it was ba- 10 to 15 percent more thrust. What does levels of risk. We currently have two sically the consensus of the author- that mean? Well, it’s interesting. If you happen current aircraft programs, the F–22 and izing and appropriations committees to be a Marine Corps guy, the marine the F–18, which both utilize a single en- that we should look to two manufac- version of this is called a STOVL. It gine provider. Additional costs and the turers to compete against each other has to take off from just sitting on a burden of maintaining two logistical and to give the American taxpayer the deck, and it takes off straight up. That systems are not offset by the potential greatest bang for the buck in producing takes a lot of thrust. The first engine savings generated through competi- the most effective and most efficient is absolutely maxed out, and what we tion. jet fighter in the world. see over time is we want to put more We are not making procurement de- I think we all agree that we believe stuff in our airplanes. When you do cisions in a vacuum. If we had all the in the principle of competition. When that, it gets heavier, and you need money in the world, maybe an alter- you have monopoly control—invari- more thrust. The second engine offers nate engine would be a good idea. But ably, you slack off a little bit. It’s that 10 to 15 percent more thrust. we don’t. We have a deficit of $1.5 tril- okay to bump your numbers up a little bit, perhaps. But when you have to I don’t know if there is a financial lion and a debt of $14 trillion, and all consideration to define what that is our funding choices must—must—ac- compete with somebody else, you’re always looking at the bottom line, al- worth, but that extra 10 or 15 percent knowledge that. could make the difference of a stable I urge support for the Rooney amend- ways wanting a higher quality, a less expensive product. That’s what this de- aircraft that could carry some par- ment. ticular additional piece of equipment bate is all about. It’s about a basic fun- I yield back the balance of my time. that we may need in the future. damental principle of the American Mr. MORAN. Mr. Chairman, I move The other point that I’ve not heard to strike the requisite number of economy—competition. For that rea- made and is actually kind of new to us words. son, I would oppose the amendment. is that these engines are big suckers. The Acting CHAIR. The gentleman Mr. Chairman, I yield back the bal- They are very, very big turbines, and from Virginia is recognized for 5 min- ance of my time. they have a tremendous amount of utes. Mr. AKIN. Mr. Chairman, I move to power that they’re generating. Mr. MORAN. Mr. Chairman, I can un- strike the last word. Now, if we’ve got this one turbine derstand that there are a lot of jobs at The Acting CHAIR. The gentleman that works for the Marine Corps, for stake, there’s politics, there’s regional from Missouri is recognized for 5 min- the Navy and the Air Force, what economies, and so on, to be considered utes. would happen if we were to use that in this issue. I don’t particularly have Mr. AKIN. Mr. Chairman, this is a de- turbine in other applications? You’d a dog in the hunt, but I’d like to share bate and a discussion that has been get all the more benefit of having fewer with you why I disagree with the going on for some period of time. As parts and having interchangeability. amendment, why I think it’s in the na- has been noted before, there are many These engines are bolt-for-bolt inter- tional interest to have an alternative of us who serve on the Armed Services changeable. engine. Committee who have a little different So what happens when we start to The experience that we had in the view than does the Pentagon on this look at the design for a future deep 1980s with the F–16 engine, it seems to subject. strike bomber? One of the questions on me, should inform this debate. We had So what are the benefits of the sec- that will be: How many engines do you a sole source contract, basically; with ond engine? Several of those have been need? Is it going to be a four-engine the same manufacturer to build a sin- mentioned. bomber or a two-engine? Four is a lot gle engine for the F–16. It was way over First of all, it is the sense of secu- more expensive. budget and outside of—any reasonable rity. You’ve got basically an aircraft What happens if you could get the production schedule. Production was now that is going to be serving the Ma- power of two engines into one and substantially delayed. And we had lit- rine Corps, the Navy, and the Air make it a two-engine bomber and use tle leverage until we brought in an al- Force. All of our services will be de- the same engines that are going into ternative contractor. We brought in pendent on this one aircraft, which is JSFs? So now you’ve got a universal competition. All of a sudden we got the Joint Strike Fighter. That par- engine working for a number of plat- right on schedule and on budget. ticular Joint Strike Fighter has one forms. There is a whole lot of sim- I think this situation is analogous. engine. Obviously, if you want it to plicity and cost savings for that type of We’re talking about a $100 billion con- work well, the engine has to run right. thing. tract for the principal jet fighter we’re The Armed Services Committees If we’re going to put our eggs in one going to have for the next generation. have taken a look at this, and those basket, we want to make sure we’ve

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H857 got at least two people and that we jobs, for national security, and for sav- the Army, and if it goes down and we have the competition, the capability of ing taxpayer money. In fact, this was have to stop flight for it, it could put using this engine in other ways, and demonstrated when this was voted on people in harm’s way. That’s why this the additional thrust for the second en- last year when we had 116 Republicans is, frankly, not a money issue or a jobs gine. and 115 Democrats—that’s about as issue. This is an issue of operational I would recommend a ‘‘no’’ vote on even as you can get—vote for the fund- risk. You should have a backup engine this amendment. ing of the alternative competitive pro- for the main engine for the main fight- Mr. Chairman, I yield back the bal- gram. er for this Nation and other nations ance of my time. For these reasons, I strongly oppose going forward. Mr. MCINTYRE. Mr. Chairman, I this amendment and rise in support of So with that, Mr. Chairman, I oppose move to strike the last word. saving $21 billion in taxpayer money, of this amendment. The Acting CHAIR. The gentleman creating jobs, and of ensuring our na- Mr. ANDREWS. I move to strike the from North Carolina is recognized for 5 tional security through the alternative last word. minutes. engine competitive program. The Acting CHAIR (Mr. CONAWAY). Mr. MCINTYRE. Mr. Chairman, as a Mr. Chairman, I yield back the bal- The gentleman from New Jersey is rec- ranking subcommittee member of the ance of my time. ognized for 5 minutes. House Armed Services Committee and Mr. HUNTER. Mr. Chairman, I move (Mr. ANDREWS asked and was given as a strong supporter of the Joint to strike the requisite number of permission to revise and extend his re- Strike Fighter Competitive Engine words. marks.) Program, I rise today in opposition to The Acting CHAIR. The gentleman Mr. ANDREWS. Mr. Chairman, I this amendment for three basic rea- from California is recognized for 5 min- thank you for the opportunity to par- sons. utes. ticipate in this debate. First, the competitive engine pro- Mr. HUNTER. Mr. Chairman, I stand Mr. Chairman, I don’t have a dog in gram will save billions in taxpayer dol- in opposition to this amendment for a this fight. Neither of the two fine com- lars. Second, it will create thousands of few reasons, not any as eloquent as the panies that are arguing over this has jobs. Third, it is imperative to our na- ones that have already been stated but jobs in my district that I’m aware of. tional security. I think all three of for some fairly simple reasons, I think. I’m involved in this argument because these are issues that all of us share a Number one, what if one of us here, I have thousands of service personnel bipartisan concern about. one of us Members, a Congressman, who serve our country, and I have hun- I am pleased, in fact, to join both the earmarked a $100 billion project today? dreds of thousands of taxpayers who Armed Services Committee chairman If it were one of us who did this, who pay for the government of our country, and the ranking member of the full said that we’re going to give this one and I am convinced that the right an- committee as well as many of my col- job worth $100 billion to one company, swer for our service personnel and for leagues from both sides of the aisle, I think there would be an outcry from our taxpayers is to oppose this amend- Democratic and Republican, in sup- all over. We don’t do that anymore, ment. porting this competitive program for and there’s a reason we don’t do it any- We have heard many good reasons. I the alternative engine. more: Because it leads to corruption, think the ones that stand out the most First, contrary to what you may and it leads to people doing things that are these. As the Chair well knows, he have heard, the competitive engine they should not be doing. We shouldn’t and I were given the privilege and re- program is about saving billions of dol- give the DOD the same—let’s call it— sponsibility of looking at defense pro- lars in taxpayer money. Competition temptations to have to give a $100 bil- curement across the board over the does drive down costs, it does raise lion contract to one company. course of the last 3 or 4 years. Some- quality, and ensures responsiveness thing very rare happened when the gen- from the manufacturers. b 2000 tleman in the chair and I worked on With the JSF program being the Number two, competition. It’s inter- this. We produced two pieces of legisla- largest defense program in our Nation’s esting now to see how things have tion that passed the House, essentially history, we have to make sure that we switched where you have folks that unanimously. And in that process of have that competition to get the best have been talking about competition Democrat and Republican working to- quality and the lowest price. Striking when it comes to health care, competi- gether, we learned something very dis- funding for a competitive engine will tion when it comes to business now turbing, and that was that, in major give a 30-year $100 billion monopoly to saying that competition’s going to weapons systems, costs had sky- a sole contractor. Funding the F136 en- bring quality down and bring costs up. rocketed by $296 billion over what they gine, however, will allow two compa- That’s not what competition does, Mr. were supposed to cost, and the delay in nies to compete head to head, resulting Chairman. What competition does is fielding these systems had gone from in the best price and the best engine. In bring quality up and bring costs down. an average of 16 months behind to 22 fact, GAO studies have indicated that I think there is definitely bipartisan months behind. That was very unwel- competition from the F136 engine will agreement on that. come news. actually save taxpayers $21 billion over And number three, I served in Af- In the course of conducting that the life of the Joint Strike Fighter pro- ghanistan on my third tour and, when analysis, we also learned something gram. I was over there about midway through that I think most Americans know in- Second, the competitive engine pro- in 2007, an F–18 went down. It went tuitively. When you have more choice gram is about saving jobs. Currently, down here stateside, and the reason it and you have more competition, you there are 2,500 U.S. jobs supporting the went down is it had a cracked wing, get a better result. I think most of us, development of the alternative engine. and what we didn’t know at that time when we’ve had to buy a household ap- Once full production occurs, the num- is if that was an inherent flaw in the F– pliance or a car, go out and get a cou- ber will rise to 4,000. 18 structure. So what we did in Afghan- ple of quotes. We have people compete Third, the competitive engine pro- istan is we shut down all F–18 flights. against each other so we get the best gram is about national security. With- In fact, the world over, F–18 flights deal. That very commonsense concept out a competitive engine, U.S. and al- were shut down until we could figure is the core argument in front of us this lied forces will be dependent entirely out if this problem was inherent in all evening. And I think the burden would upon one engine for 90 percent of our F–18s or if it was just one problem for be on those who say we shouldn’t have fighter jet fleets. One small problem that one particular F–18. competition and those who say that could ground the entire fleet, which is If this happens with the F–35, with the status quo would be okay if we had something that none of us would want. just one engine, we’re going to ground only one contractor. This program is not about favoring the free world’s new jet. That’s what Now, the other point I want to make one particular contractor over another. will be grounded, because the F–35 is beyond money is about the operational It is about having strong bipartisan being sold to other countries. It’s being capacity of our Armed Forces. The support for competition, for creating used by all of our services except for United States enjoys the blessing of

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H858 CONGRESSIONAL RECORD — HOUSE February 15, 2011 military superiority this evening I ligence Reform and Terrorism Preven- designated to power the JSF aircraft think for two essential reasons. The tion Act of 2004 relating to access to under the theory that it could effec- first and most important one is the business records, individual terrorists tively derive an engine from its engine quality of the young men and women as agents of foreign powers, and roving for the F–22. Unfortunately, it wasn’t who volunteer to serve us. Without wiretaps until December 8, 2011, which as easy as they had anticipated. As a question, that’s the most important was referred to the House Calendar and result, the lead engine for the Joint reason. But the second, I believe, is our ordered to be printed. Strike Fighter is now billions of dol- superiority in the air, our ability in f lars over budget and, worse, struggling any corner of the globe to establish to perform the critical functional re- dominance over the battle space by vir- FULL-YEAR CONTINUING quirements for the aircraft. tue of the quality of our air assets. APPROPRIATIONS ACT, 2011 I quote directly from the GAO report The operability of those air assets, as The SPEAKER pro tempore. Pursu- from March 2010: ‘‘The Pratt engine is Mr. HUNTER just mentioned a few min- ant to House Resolution 92 and rule now estimated to cost about $7.3 bil- utes ago, is at risk if we are dependent XVIII, the Chair declares the House in lion, a 50 percent increase over the upon one supply chain, one manufac- the Committee of the Whole House on original contract award. The total pro- turing process, one set of parts, and the State of the Union for the further jected cost increased $800 million in one set of solutions to a problem. You consideration of the bill, H.R. 1. 2008. Engine development cost in- always want to have a plan B. This b 2008 creases primarily resulted from higher would be a difficult call if having that costs for labor and materials, supplier plan B operationally cost us more IN THE COMMITTEE OF THE WHOLE problems, and the rework needed to money, but it isn’t a difficult call be- Accordingly, the House resolved correct deficiencies with an engine cause the opposite is true. Having the itself into the Committee of the Whole blade during redesign. Engine test plan B, having the option, saves money House on the State of the Union for the problems have also slowed develop- for the American taxpayer. The GAO further consideration of the bill (H.R. ment.’’ has estimated about $21 billion over 1) making appropriations for the De- The GAO further confirmed an addi- time because of the merits and benefits partment of Defense and the other de- tional total project cost increase of $1.2 of choice and competition. partments and agencies of the Govern- billion in 2010 alone to cover higher We have two fine enterprises involved ment for the fiscal year ending Sep- than expected engine costs, tooling, with these engines, and I think what tember 30, 2011, and for other purposes, and other items. And on February 11, we ought to do is create a system with Mr. CONAWAY (Acting Chair) in 2011, yet another cost overrun on the where each flourishes, not because of the chair. lead engine was announced, this time the benefits of the job creation that The Clerk read the title of the bill. totaling at least $1 billion, bringing will occur—although that’s certainly a The Acting CHAIR. When the Com- total cost overruns on the lead engine welcome benefit—but because oper- mittee of the Whole rose earlier today, to an astounding $3.5 billion today. ationally, this is the best way to sup- amendment No. 2, offered by the gen- The Department of Defense says we port those who serve us. This is the tleman from Florida (Mr. ROONEY), was don’t need a second engine, but these best way to avoid putting them at risk pending. issues won’t fix themselves. Only com- because of operational defects and be- Mr. CHABOT. Mr. Chairman, I move petition will help control costs and cre- cause the benefits and merits of com- to strike the last word. ate a better, more efficient process. I petition over time will reduce pressure The Acting CHAIR. The gentleman ask you, How can we afford not to in- on our taxpayers to the tune of $21 bil- from Ohio is recognized for 5 minutes. vest in a competing engine? Bottom lion. Mr. CHABOT. I rise in opposition to line, having the engine makers fight I thank the Chair for his collegial the gentleman’s amendment. head-to-head will give us a far more ca- work on this subject, and I would urge Mr. Chairman, as we debate the fund- pable, more cost effective Joint Strike Members to defeat this amendment. ing of a competing engine for the Joint Fighter. Mr. YOUNG of Florida. Mr. Chair- Strike Fighter Program, there are a I yield back the balance of my time. man, I move that the Committee do few key points that we should keep in Mr. COURTNEY. I move to strike the now rise. mind. last word. The motion was agreed to. First, competition has long been the The Acting CHAIR. The gentleman Accordingly, the Committee rose; best way to control costs on large de- from Connecticut is recognized for 5 and the Speaker pro tempore (Mr. fense programs, and competition is the minutes. SIMPSON) having assumed the chair, centerpiece of acquisition reform. By Mr. COURTNEY. Mr. Chair, I rise in Mr. CONAWAY, Acting Chair of the Com- funding competing engines for the support of the gentleman from Flor- mittee of the Whole House on the state Joint Strike Fighter, we can save $21 ida’s amendment. And as a fellow mem- of the Union, reported that that Com- billion. Let me repeat that, $21 billion ber of the House Armed Services Com- mittee, having had under consideration savings in taxpayer money over time mittee, I just want to share at least the bill (H.R. 1) making appropriations according to the Government Account- some of the ad nauseam length of input for the Department of Defense and the ability Office. that we have had at the Armed Serv- other departments and agencies of the ices Committee over the last 2 or 3 b 2010 Government for the fiscal year ending years talking about this issue. September 30, 2011, and for other pur- Beyond the GAO’s projections, our We have had the benefit of hearing poses, had come to no resolution there- recent history demonstrates that com- from the warfighters, the heads of the on. petition also leads to a more efficient various branches that are dealing with f process, quicker innovation, and better this program, whether it’s the Marines, contractor responsiveness. Recently, the Navy, the Air Force, and they have REPORT ON RESOLUTION PRO- the Quadrennial Defense Review Inde- repeatedly, over the last 2 or 3 years, VIDING FOR CONSIDERATION OF pendent Panel concluded, ‘‘History has stated that there is no justification for SENATE AMENDMENT TO H.R. shown that the only reliable source of this wasteful spending which, again, 514, EXTENDING COUNTERTER- price reduction through the life of a both the President and the Secretary RORISM AUTHORITIES program is competition between dual of Defense have also supported. Mr. DREIER, from the Committee on sources.’’ Additionally, the absence of On the Seapower Subcommittee, Rules, submitted a privileged report competition makes it harder to address which I serve on, Admiral Roughead, (Rept. No. 112–14) on the resolution (H. the issues that inevitably arise in con- the CNO, head of the Navy, talked Res. 93) providing for consideration of nection with sophisticated and critical about the disastrous operational im- the Senate amendment to the bill (H.R. technology, such as jet engines. pact that having two engines would 514) to extend expiring provisions of Mr. Chairman, we are seeing such have in terms of our aircraft carriers. the USA PATRIOT Improvement and issues on the lead engine for the Joint As he stated: ‘‘One can look at a car- Reauthorization Act of 2005 and Intel- Strike Fighter. Pratt & Whitney was rier and see a very large ship, but when

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H859 that ship is deployed, we have things alternate engine, which is the way The curred, and it is disingenuous to argue packed in almost every nook and cran- Washington Post described this pro- that Pratt & Whitney has already won. ny in order to provide that reliability gram, is not the way to achieve that The fact is that providing funds for the and responsiveness. So having to stock goal. competitive alternate engine will ulti- two different types of engines is just I strongly support this amendment mately drive down costs, improve prod- not practical for us.’’ and urge my colleagues to pass this uct quality and contractor responsive- It would be totally unrealistic to amendment for a cost-effective, effi- ness, drive technological innovation, have a situation where the F–35B and cient use of our resources for our na- and ensure that taxpayer dollars are the F–35C, which are the planes which tional defense. not wasted. will land on our aircraft carriers, have I yield back the balance of my time. b 2020 to fly in with two separate engines Mrs. SCHMIDT. Mr. Chair, I move to that would require two separate sys- strike the last word. History shows that competing en- tems of maintenance and repair. And The Acting CHAIR. The gentlewoman gines can result in significant long- the notion which was stated earlier by from Ohio is recognized for 5 minutes. term savings. The ‘‘Great Engine War’’ one of the prior speakers that they are Mrs. SCHMIDT. Mr. Chair, I rise saved the F16 program 21 percent in somehow interchangeable—well, if today to strongly urge my colleagues overall costs according to the 2007 GAO we’re going to have interchangeability, to vote ‘‘no’’ on this amendment. This report. This represents $20 billion in then we may as well just have one en- is the wrong way to go at our critical savings for the lifetime of the Joint gine system which is, in fact, what we hour of need. Congress has consistently Strike Fighter Engine program. have today in terms of the F–18 Super provided funding for the development Additionally, the alternative engine Hornets which land on aircraft carriers of the alternative engine because Con- team represented by GE and Rolls- every day of the year. It is one engine gress knows full well the benefits of Royce offered the Department of De- supplier which provides the engines for competition in weapons acquisition fense a fixed-priced contract. Their those Super Hornets, GE, and good for and procurement. offer saves $1 billion in the first 5 years them. And as Admiral Roughead said, Last session, we passed the Weapons and puts cost overruns at the risk of he really doesn’t care which engine it Systems Acquisition Reform Act of the contractor. This is an unprece- is, but the Navy needs to have only one 2009, 411–0 in favor, and, in fact, our dented move in major defense acquisi- system in order for them to be oper- Senate colleagues agreed with 95–0. If tion. ational on the 11 aircraft carriers that there is such overwhelming bipartisan Finally, providing for a competitive today make up a key component of our agreement in both Chambers on the alternate engine will serve as a hedge national defense. need for competition in weapons sys- against operational risk and ensure One person on the committee sort of tems acquisition, then why are we tak- that a fighter that makes up 95 percent suggested the fact that, well, maybe a ing a vote to eliminate competition for of our tactical fleet is not grounded way to solve that problem would be to the propulsion system that is going to due to engine failures. have GE aircraft carriers and Pratt & power 95 percent of our tactical fighter Fully funding the alternative engine Whitney aircraft carriers which, again, fleet over the next 40 years? is not only prudent risk management, kind of I think highlights the absurd- Section 202 of the Weapons Systems but an acknowledgment of the funda- ity of the notion that you are going to Acquisition Reform Act clearly states, mental responsibility that Congress have two separate engine systems on ‘‘The Secretary of Defense shall ensure has to protect and provide the most re- these vessels on which every square that the acquisition strategy for each liable equipment to our men and inch is precious. major defense acquisition program in- women in uniform. Mr. Chair, we have heard a lot of talk cludes measures to ensure competition Mr. Chairman, I urge my colleagues about competition. I’m sure there is throughout the life cycle of such pro- to vote ‘‘no’’ on this ill-guided amend- going to be lots of rebuttal about the gram.’’ ment. It will not save taxpayers money fact that there was a competition The Joint Strike Fighter is the De- in the long run. I’m not even sure it’s which led into the selection of the partment of Defense’s largest procure- really going to save them money in the Pratt & Whitney engine. But what I ment program. The Department of De- short run. would just end with is that competi- fense plan calls for acquiring nearly I yield back my time. tion is one thing; redundancy and 2,500 Joint Strike Fighters. Hundreds Mr. LARSON of Connecticut. I move waste is another. of additional F–35s were expected to be to strike the last word. We do not have two of everything in purchased by U.S. allies. If the propul- The Acting CHAIR. The gentleman is terms of our procurement systems. We sion system that powers nearly 3,000 recognized for 5 minutes. did not have two engines for tactical jet fighters is not a major de- Mr. LARSON of Connecticut. Mr. Blackhawk helicopters. We did not fense acquisition, then I’m not sure Chairman, I rise in support of the have two engines for F–18s or our ships. what qualifies. amendment by TOM ROONEY of Florida. We don’t have two nuclear reactor sys- Passing this amendment will hand Let me commend my colleague from tems for our submarines, for our air- Pratt & Whitney a $100 billion monop- Florida, first and foremost, and those craft carriers. We don’t have two sepa- oly on a 30-year contract that has that have joined him in this amend- rate engines for our destroyers. never been competitively bid. Pro- ment. The fact of the matter is you have to ponents of this amendment will argue At the President’s State of the Union make decisions sometimes in order to that Pratt & Whitney won the engine message there was a symbolic gesture achieve efficiency, and that’s where we competition when Lockheed was in this Chamber for us to sit together, are today with the F–35 program. The awarded the contract to develop a and we did. And we talked about the notion that we are going to add $3 bil- Joint Strike Fighter. Not so fast. camaraderie and the need to reach out lion to production costs by having a Last May, Mr. John Roth, from the and work together. separate alternate engine and all of the Office of the Under Secretary of De- I applaud my colleague for his strong rippling effects of operational head- fense Comptroller, and Mr. Mike Sul- stance and his willingness to work aches which Admiral Roughead elo- livan, the Director of Acquisition and bipartisanly to do what the Navy, the quently described before the Armed Sourcing Management at the GAO, Air Force, the Marines, the Secretary Services Committee is just not some- both testified before the House Over- of Defense, the Bush administration thing that our military can afford sight and Government Reform’s Sub- and the Obama administration have today. committee on National Security and asked Congress to do: end this waste- We have reached a tipping point in Foreign Affairs that the competition ful, duplicative spending. terms of our military budgets. We have was done at the contractor level and There are new Members that have got to focus on effective, efficient use that the engines were never actually come to Congress on both sides with of resources to help the warfighter and competed. new zeal and the ability to perhaps to advance our national security. And The point of all this, Mr. Chair, is look outside the beltway at what peo- having a bloated, wasteful system of an that the engine competition never oc- ple have to experience on a regular

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H860 CONGRESSIONAL RECORD — HOUSE February 15, 2011 basis, and they scratch their heads in lion deficits, the President’s budget ac- Cutting spending is not easy, but this awe of what seems to be a common- tually talks about a $1.6 trillion def- one should be. I think the gentleman sense proposal by the Bush administra- icit. We’re looking at debts of $14 tril- hit it right on the head. You are talk- tion, by the Obama administration, by lion. ing about the Department of Defense, the Air Force, by the Marines, and by We have to tighten our belt. There is the Secretary of Defense, the Presi- the Navy, and that’s to end this waste- no question about it. The American dent, the generals who command the ful spending. public’s doing it. We’ve asked the field all recommending against the de- We’ve heard great talk about com- American families and businesses velopment of a second engine. We petition. My God, I’m all for competi- across the land to tighten their belts in should listen. tion. I don’t think there isn’t a person order to get by. The Federal Govern- Now, we have heard a lot of discus- who isn’t for competition. Two engines, ment should be no different. sion tonight, as we have when we’ve de- why not three? Why not four? It would Now, we are very strong on defense. bated this issue in the past, about the be better overall for our industrial We want to make sure that those that dual issues of both quality and cost. base. are in harm’s way have everything at But if this was really about the issues But the people on the committee their disposal to make sure that they of both quality and cost, then we know the hard truth, as do all Ameri- can do the task that we’ve asked them wouldn’t just be talking about building cans. We’ve seen it. I fault no one for to do. This, however is the program a second engine. We would be talking support of the interest of their State or that the Department of Defense, the about building a second plane; we their district or their employees, but Secretary of Defense has said we don’t would be talking about building a sec- let’s be honest about this. We’re going need it, we don’t want it. We need to ond aircraft carrier. to have to make priorities. I’ve wit- make sure that we are cutting back But as Representative COURTNEY so nessed it in the C–17 and the F–22. And across the board in terms of all dif- eloquently stated, the reason that we there comes a time when you recognize ferent Departments. We need to go into aren’t talking about competitive bid- that we need these precious dollars. every single one and say, where are the ding for a second plane, the reason why There has to be cuts. Both sides have areas that we can cut back? Where is we aren’t talking about two or three acknowledged, and again I want to there duplication? Where are there different aircraft carriers is that our compliment my colleagues on the areas that we can find that we don’t generals, our military professionals other side for the zeal that they have need to spend today? This is a program have told us over and over again that it come here with to say, listen, the Pen- that will save the American taxpayer would be a tactical and operational tagon isn’t sacrosanct either, and we $3 billion. nightmare to have a diversity of oper- have to make these cuts. Now, we admit, competition is good. ational platforms with respect to these And here’s the Secretary of Defense But why not three engines? Why not large operating systems. pleading yesterday at a conference say- four engines? The reason why, as some- This isn’t about quality in the end, ing, please, the Navy, the Marines, the one said, is we can’t afford it. We can’t because the Army, the Navy, the Sec- Air Force do not want this engine. afford two right now. We want to make retary of Defense tell us that it’s not Look, competition is great, but let’s sure that the engine that’s out there, about quality. look at some of the facts here that the one that has been awarded by the If this was really about quality and have been cited as well. If you have 86 Department of Defense, has the oppor- cost, then we would have actual real percent of the market currently, and tunity to move forward. It is the base competition. But we’re not going to you’re seeking to get 92 percent of it, for the F–22. It certainly has proved have real actual competition. What we where does competition lie? With a itself in terms of a base engine. They’re know about these competitive bidding company that has 86 percent? I don’t making improvements, but this is an arrangements is that there is an ex- think so. engine that they’ve invested over 20,000 plicit or implicit floor in the amount of And I think anyone who looks at this flight hours in. This is something that business that you get. So whichever from a commonsense perspective comes is going to move forward. The question one of these engines is the inferior en- to that understanding, comes to that is, are we going to fund an additional gine or the more costly engine is going difficult decision that has to be made engine? to, on average, get about 40 percent of with respect to the Nation’s deficit. I think that we need to talk about the business on an annual basis. That’s Now, Mr. ROONEY has proposed that saving dollars, saving $3 billion when not real competition. this money go directly into a lock box both the Bush administration, the cur- If we want to talk about real com- to deal with the Nation’s deficit. There rent administration right now, and the petition, then there has to be real win- are a lot of good proposals where to use Department of Defense, the Secretary ners and losers here. That’s not what is money, but that’s what he’s proposed. I of Defense—and when was the last time going on in the proposal before us. And submit, as a Democrat who would like you heard any of the Secretaries advo- if this was really about quality and to see the money going to COPS fund- cating that we don’t need this money? cost, then we wouldn’t have two other ing, to make sure that LIHEAP fund- tactical aircraft programs that have a 2030 ing gets there, that these are the kinds b single engine and also have a near spot- of compromises and decisions that we This is probably a very historic mo- less record of performance and cost have to make. And this is what’s right ment. They are absolutely, 100 percent control. for the country. We have to address looking out for the safety of those that We know how this works in other this deficit. wear the uniform. major aircraft acquisition programs. And if we have our leadership, the I am going to urge my colleagues Single engines work. They have Bush administration, and their Pen- that we have to step forward, we have worked. tagon, the Obama administration, you to cut back on areas, and this is an I think in the end, though, this is heard JOE COURTNEY talk about Admi- area that the Secretary of Defense has really just about who we listen to. I ral Roughead again saying today the said we need to cut back on. I am going have great respect for the Members of absurdity involved in this argument. to urge you to vote ‘‘yes’’ in favor of this Congress who have served for It doesn’t matter what company. this amendment. years on the Armed Services Com- What matters is this country. I strong- I yield back the balance of my time. mittee; but I think that when we get ly support his amendment. Mr. MURPHY of Connecticut. Mr. such unanimity of opinion, such uni- Mr. DOLD. I move to strike the last Chairman, I move to strike the last formness of opinion from our military word. word. generals, from the Department of De- The Acting CHAIR. The gentleman The Acting CHAIR. The gentleman fense, and the men and women who are from Illinois is recognized for 5 min- from Connecticut is recognized for 5 going to be flying these planes, we utes. minutes. should listen. Mr. DOLD. Mr. Chairman, I rise Mr. MURPHY of Connecticut. I rise We should listen because it’s the today in support of the amendment. At in strong support of the amendment right thing to do for them, and we a time when we’re running at $1.48 tril- from the gentleman from Florida. should listen because $3 billion isn’t

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H861 easy to cut out of the budget. But it’s The Acting CHAIR. The gentleman gine for this plane. They are the guys a lot easier when we have the people from Oregon is recognized for 5 min- who fly them. that are going to be handling the air- utes. b 2040 craft and the equipment telling us it’s Mr. DEFAZIO. Only inside the Wash- the right thing to do. I rise in support ington, D.C. beltway could we be hav- The Acting CHAIR. The question is of the amendment. ing this debate. on the amendment offered by the gen- Mr. KINGSTON. Mr. Chairman, I The taxpayers are demanding that we tleman from Florida (Mr. ROONEY). move to strike the last word. tighten our belts and save money. The The question was taken; and the Act- The Acting CHAIR. The gentleman Pentagon says, let’s go ahead with the ing Chair announced that the noes ap- from Georgia is recognized for 5 min- single engine procurement, which re- peared to have it. utes. sulted from a competition, which is a Mr. ROONEY. Mr. Chairman, I de- Mr. KINGSTON. Mr. Chairman, I rise quality engine. mand a recorded vote. in opposition to this amendment. Now, if that engine has problems, The Acting CHAIR. Pursuant to This amendment is contrary to the someone at the Pentagon should be clause 6 of rule XVIII, further pro- interests of taxpayers and our mili- fired. If there was problems with the ceedings on the amendment offered by tary. It is not a cost-saving amend- original competition, a lot of people at the gentleman from Florida will be ment. It is an anti-competition amend- the Pentagon should be fired. And postponed. ment. Therefore, it will cost us more maybe we ought to look at overhauling Mr. FRELINGHUYSEN. Mr. Chair- money in the long run. the procurement process. man, I ask unanimous consent that the It is recognized that the Department But to say now, well, we’ve got a remainder of the bill through page 127, of Defense suffers from a lack of com- good engine. They want a competition. line 17, be considered as read, printed petition and acquisition process. Sole- But we’ve got another company that in the RECORD and open to amendment source contracts already account for really wishes it had won the competi- at any point. $140 billion, or 38 percent, of the $366 tion but didn’t win the competition, The Acting CHAIR. Is there objection billion that DOD spent on contracts in and now they still want to build an en- to the request of the gentleman from fiscal year 2010. gine and the taxpayers should subsidize New Jersey? We know from experience that com- There was no objection. peting the engine on the F–35 is likely it, Which is what this is all about. It only costs $2.9 billion for them to de- The text of that portion of the bill is to both save money and improve the as follows: performance on both engines. It’s not velop an alternative engine. Only $2.9 RESEARCH, DEVELOPMENT, TEST AND me saying that; the GAO and DOD’s billion. Inside the Washington, D.C. EVALUATION, AIR FORCE own internal studies have said it. beltway that’s not real money. DOD says it will cost $2.9 billion to I guess the joke is, inside the Wash- For expenses necessary for basic and applied scientific research, development, test develop an alternative engine, al- ington, D.C. beltway, how many jet engines does it take to fly a single engine and evaluation, including maintenance, re- though GAO says it may be much less. habilitation, lease, and operation of facili- The F–35 will cost about $100 billion. fighter? Now, most Americans would think, well, that’s probably not a joke, ties and equipment, $26,742,405,000, to remain GAO’s analysis suggests a savings of available for obligation until September 30, about 20 percent in procurement, with and it would be one. Right? No. It’s 2012. two. an additional savings over the life RESEARCH, DEVELOPMENT, TEST AND Now, if we need two on the ground, cycle of the programs. The alternative EVALUATION, DEFENSE-WIDE maybe we need two in the air. Maybe engine would more than pay for itself For expenses of activities and agencies of we ought to redesign the plane and put in future savings, even putting aside the Department of Defense (other than the the potential benefits in performance. two engines in the tail, one from one military departments), necessary for basic The power of our tactical Air Force company and one from the other. In and applied scientific research, development, is utterly dependent on the success of case one flames out, we’ve got one left test and evaluation; advanced research the F–35 program. The total cost is ap- at least to bring the plane back. I projects as may be designated and deter- mean, if we’re so worried about reli- mined by the Secretary of Defense, pursuant proaching $400 billion. The air frame to law; maintenance, rehabilitation, lease, and the engine portions of the program ability, maybe we just ought to start all over again. Come on, guys. Let’s and operation of facilities and equipment, have been riddled with cost growth $20,797,412,000, to remain available for obliga- throughout the development effort. not be ridiculous here. tion until September 30, 2012: Provided, That Are we to say that it is unreasonable Two supply chains. Two sets of me- of the funds made available in this para- to spend $450 million to ensure that our chanics. Two sets of spare parts. Oh, graph, $3,200,000 shall only be available for fighter pilots have the best aircraft and wait a minute. This plane broke down program management and oversight of inno- the best engine possible? I’m convinced over here and the mechanic there and vative research and development. that competition will make both en- the spare parts are for the other one. OPERATIONAL TEST AND EVALUATION, gine variants of the F–35 better. Oh, we’ve got to keep them sorted out DEFENSE And why do we think DOD can stand by which engine they’ve got, where For expenses, not otherwise provided for, on a principle that has been proven they are, where they’ll fly in the world, necessary for the independent activities of over and over again in the market- what mission they’ll go on, which me- the Director, Operational Test and Evalua- place? Competition leads to lower cost chanics we send, which supply chain we tion, in the direction and supervision of operational test and evaluation, including and better performance. Our fighters send for it. No, this is not going to save money. initial operational test and evaluation which deserve this. is conducted prior to, and in support of, pro- The DOD’s position against this en- This is not going to save money. If you duction decisions; joint operational testing gine has been shown to be faulty on did a crappy procurement, then fix it; and evaluation; and administrative expenses analysis and driven only by short-term but don’t say let’s do another procure- in connection therewith, $194,910,000, to re- budget considerations. The inde- ment in the way the Pentagon always main available for obligation until Sep- pendent QDR review panel last year does things, which will inevitably be tember 30, 2012. stated: ‘‘History has shown that the another cost overrun procurement. TITLE V only reliable source of price reduction So it won’t only cost $2.9 billion to REVOLVING AND MANAGEMENT FUNDS throughout the life of a program is develop the alternative engine. We’ll DEFENSE WORKING CAPITAL FUNDS competition between dual sources.’’ hear 6 months from now, a year from For the Defense Working Capital Funds, This amendment ignores that his- now, Oh, well, we thought we could de- $1,434,536,000. velop an alternative for 2.9, but it will tory. It will not save money and risks NATIONAL DEFENSE SEALIFT FUND be 10. But don’t worry. It will still the combat effectiveness of our Air For National Defense Sealift Fund pro- Force. Mr. Speaker, I oppose the bring down the overall cost. grams, projects, and activities, and for ex- amendment. Support this amendment. Support penses of the National Defense Reserve I yield back the balance of my time. common sense. Stand up for the tax- Fleet, as established by section 11 of the Mr. DEFAZIO. Mr. Chairman, I move payers, and stand up for the military Merchant Ship Sales Act of 1946 (50 U.S.C. to strike the last word. which says we don’t need a second en- App. 1744), and for the necessary expenses to

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maintain and preserve a U.S.-flag merchant DRUG INTERDICTION AND COUNTER-DRUG partment of Defense foreign service national fleet to serve the national security needs of ACTIVITIES, DEFENSE employees serving at United States diplo- the United States, $1,474,866,000, to remain (INCLUDING TRANSFER OF FUNDS) matic missions whose pay is set by the De- available until expended: Provided, That partment of State under the Foreign Service For drug interdiction and counter-drug ac- none of the funds provided in this paragraph Act of 1980: Provided further, That the limita- tivities of the Department of Defense, for shall be used to award a new contract that tions of this provision shall not apply to for- transfer to appropriations available to the provides for the acquisition of any of the fol- eign national employees of the Department Department of Defense for military per- lowing major components unless such com- of Defense in the Republic of Turkey. sonnel of the reserve components serving ponents are manufactured in the United SEC. 8003. No part of any appropriation under the provisions of title 10 and title 32, States: auxiliary equipment, including contained in this Act shall remain available United States Code; for operation and main- pumps, for all shipboard services; propulsion for obligation beyond the current fiscal year, tenance; for procurement; and for research, system components (engines, reduction unless expressly so provided herein. development, test and evaluation, gears, and propellers); shipboard cranes; and SEC. 8004. No more than 20 percent of the $1,156,957,000: Provided, That the funds appro- spreaders for shipboard cranes: Provided fur- appropriations in this Act which are limited priated under this heading shall be available ther, That the exercise of an option in a con- for obligation during the current fiscal year for obligation for the same time period and tract awarded through the obligation of pre- shall be obligated during the last 2 months of for the same purpose as the appropriation to viously appropriated funds shall not be con- the fiscal year: Provided, That this section which transferred: Provided further, That sidered to be the award of a new contract: shall not apply to obligations for support of upon a determination that all or part of the Provided further, That the Secretary of the active duty training of reserve components funds transferred from this appropriation are military department responsible for such or summer camp training of the Reserve Of- not necessary for the purposes provided here- procurement may waive the restrictions in ficers’ Training Corps. in, such amounts may be transferred back to the first proviso on a case-by-case basis by (TRANSFER OF FUNDS) this appropriation: Provided further, That the certifying in writing to the Committees on SEC. 8005. Upon determination by the Sec- transfer authority provided under this head- Appropriations of the House of Representa- retary of Defense that such action is nec- ing is in addition to any other transfer au- tives and the Senate that adequate domestic essary in the national interest, he may, with thority contained elsewhere in this Act. supplies are not available to meet Depart- the approval of the Office of Management ment of Defense requirements on a timely OFFICE OF THE INSPECTOR GENERAL and Budget, transfer not to exceed basis and that such an acquisition must be For expenses and activities of the Office of $4,000,000,000 of working capital funds of the made in order to acquire capability for na- the Inspector General in carrying out the Department of Defense or funds made avail- tional security purposes. provisions of the Inspector General Act of able in this Act to the Department of De- fense for military functions (except military TITLE VI 1978, as amended, $306,794,000, of which $305,794,000 shall be for operation and main- construction) between such appropriations OTHER DEPARTMENT OF DEFENSE tenance, of which not to exceed $700,000 is or funds or any subdivision thereof, to be PROGRAMS available for emergencies and extraordinary merged with and to be available for the same purposes, and for the same time period, as DEFENSE HEALTH PROGRAM expenses to be expended on the approval or authority of the Inspector General, and pay- the appropriation or fund to which trans- For expenses, not otherwise provided for, ments may be made on the Inspector Gen- ferred: Provided, That such authority to for medical and health care programs of the eral’s certificate of necessity for confidential transfer may not be used unless for higher Department of Defense as authorized by law, military purposes; and of which $1,000,000, to priority items, based on unforeseen military $31,382,198,000; of which $29,671,764,000 shall be remain available until September 30, 2013, requirements, than those for which origi- for operation and maintenance, of which not shall be for procurement. nally appropriated and in no case where the to exceed 1 percent shall remain available item for which funds are requested has been until September 30, 2012, and of which up to TITLE VII denied by the Congress: Provided further, $16,212,121,000 may be available for contracts RELATED AGENCIES That the Secretary of Defense shall notify entered into under the TRICARE program; of CENTRAL INTELLIGENCE AGENCY RETIREMENT the Congress promptly of all transfers made which $534,921,000, to remain available for ob- AND DISABILITY SYSTEM FUND pursuant to this authority or any other au- ligation until September 30, 2013, shall be for For payment to the Central Intelligence thority in this Act: Provided further, That no procurement; and of which $1,175,513,000, to Agency Retirement and Disability System part of the funds in this Act shall be avail- remain available for obligation until Sep- able to prepare or present a request to the Fund, to maintain the proper funding level tember 30, 2012, shall be for research, devel- Committees on Appropriations for re- for continuing the operation of the Central opment, test and evaluation: Provided, That, programming of funds, unless for higher pri- Intelligence Agency Retirement and Dis- notwithstanding any other provision of law, ority items, based on unforeseen military re- ability System, $292,000,000. of the amount made available under this quirements, than those for which originally heading for research, development, test and INTELLIGENCE COMMUNITY MANAGEMENT appropriated and in no case where the item evaluation, not less than $10,000,000 shall be ACCOUNT for which reprogramming is requested has available for HIV prevention educational ac- For necessary expenses of the Intelligence been denied by the Congress: Provided fur- tivities undertaken in connection with Community Management Account, ther, That a request for multiple United States military training, exercises, $649,732,000. reprogrammings of funds using authority and humanitarian assistance activities con- TITLE VIII provided in this section shall be made prior ducted primarily in African nations. to June 30, 2011: Provided further, That trans- GENERAL PROVISIONS fers among military personnel appropria- CHEMICAL AGENTS AND MUNITIONS SEC. 8001. No part of any appropriation tions shall not be taken into account for pur- DESTRUCTION, DEFENSE contained in this Act shall be used for pub- poses of the limitation on the amount of For expenses, not otherwise provided for, licity or propaganda purposes not authorized funds that may be transferred under this sec- necessary for the destruction of the United by the Congress. tion. States stockpile of lethal chemical agents SEC. 8002. During the current fiscal year, SEC. 8006. (a) With regard to the list of spe- and munitions, to include construction of fa- provisions of law prohibiting the payment of cific programs, projects, and activities (and cilities, in accordance with the provisions of compensation to, or employment of, any per- the dollar amounts and adjustments to budg- section 1412 of the Department of Defense son not a citizen of the United States shall et activities corresponding to such programs, Authorization Act, 1986 (50 U.S.C. 1521), and not apply to personnel of the Department of projects, and activities) contained in the ta- for the destruction of other chemical warfare Defense: Provided, That salary increases bles titled ‘‘Explanation of Project Level Ad- materials that are not in the chemical weap- granted to direct and indirect hire foreign justments’’ in the explanatory statement re- on stockpile, $1,467,307,000, of which national employees of the Department of De- garding this Act, the obligation and expendi- $1,067,364,000 shall be for operation and main- fense funded by this Act shall not be at a ture of amounts appropriated or otherwise tenance, of which no less than $111,178,000, rate in excess of the percentage increase au- made available in this Act for those pro- shall be for the Chemical Stockpile Emer- thorized by law for civilian employees of the grams, projects, and activities for which the gency Preparedness Program, consisting of Department of Defense whose pay is com- amounts appropriated exceed the amounts $35,130,000 for activities on military installa- puted under the provisions of section 5332 of requested are hereby required by law to be tions and $76,048,000, to remain available title 5, United States Code, or at a rate in ex- carried out in the manner provided by such until September 30, 2012, to assist State and cess of the percentage increase provided by tables to the same extent as if the tables local governments; $7,132,000 shall be for pro- the appropriate host nation to its own em- were included in the text of this Act. curement, to remain available until Sep- ployees, whichever is higher: Provided fur- (b) Amounts specified in the referenced ta- tember 30, 2013; and $392,811,000, to remain ther, That, in the case of a host nation that bles described in subsection (a) shall not be available until September 30, 2012, shall be does not provide salary increases on an an- treated as subdivisions of appropriations for for research, development, test and evalua- nual basis, any increase granted by that na- purposes of section 8005 of this Act: Provided, tion, of which $385,868,000 shall only be for tion shall be annualized for the purpose of That section 8005 shall apply when transfers the Assembled Chemical Weapons Alter- applying the preceding proviso: Provided fur- of the amounts described in subsection (a) natives (ACWA) program. ther, That this section shall not apply to De- occur between appropriation accounts.

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SEC. 8007. (a) Not later than 60 days after tity advance procurement is not funded at not be subject to any constraint or limita- enactment of this Act, the Department of least to the limits of the Government’s li- tion (known as an end-strength) on the num- Defense shall submit a report to the congres- ability: Provided further, That no part of any ber of such personnel who may be employed sional defense committees to establish the appropriation contained in this Act shall be on the last day of such fiscal year. baseline for application of reprogramming available to initiate multiyear procurement (b) The fiscal year 2012 budget request for and transfer authorities for fiscal year 2011: contracts for any systems or component the Department of Defense as well as all jus- Provided, That the report shall include— thereof if the value of the multiyear con- tification material and other documentation (1) a table for each appropriation with a tract would exceed $500,000,000 unless specifi- supporting the fiscal year 2012 Department of separate column to display the President’s cally provided in this Act: Provided further, Defense budget request shall be prepared and budget request, adjustments made by Con- That no multiyear procurement contract can submitted to the Congress as if subsections gress, adjustments due to enacted rescis- be terminated without 10-day prior notifica- (a) and (b) of this provision were effective sions, if appropriate, and the fiscal year en- tion to the congressional defense commit- with regard to fiscal year 2012. (c) Nothing in this section shall be con- acted level; tees: Provided further, That the execution of strued to apply to military (civilian) techni- (2) a delineation in the table for each ap- multiyear authority shall require the use of cians. propriation both by budget activity and pro- a present value analysis to determine lowest SEC. 8014. None of the funds made available gram, project, and activity as detailed in the cost compared to an annual procurement: Provided further, That none of the funds pro- by this Act shall be used in any way, directly Budget Appendix; and or indirectly, to influence congressional ac- vided in this Act may be used for a (3) an identification of items of special tion on any legislation or appropriation mat- multiyear contract executed after the date congressional interest. ters pending before the Congress. of the enactment of this Act unless in the (b) Notwithstanding section 8005 of this SEC. 8015. None of the funds appropriated Act, none of the funds provided in this Act case of any such contract— by this Act shall be available for the basic shall be available for reprogramming or (1) the Secretary of Defense has submitted pay and allowances of any member of the transfer until the report identified in sub- to Congress a budget request for full funding Army participating as a full-time student section (a) is submitted to the congressional of units to be procured through the contract and receiving benefits paid by the Secretary defense committees, unless the Secretary of and, in the case of a contract for procure- of Veterans Affairs from the Department of Defense certifies in writing to the congres- ment of aircraft, that includes, for any air- Defense Education Benefits Fund when time sional defense committees that such re- craft unit to be procured through the con- spent as a full-time student is credited to- programming or transfer is necessary as an tract for which procurement funds are reward completion of a service commitment: emergency requirement. quested in that budget request for produc- Provided, That this section shall not apply to SEC. 8008. The Secretaries of the Air Force tion beyond advance procurement activities those members who have reenlisted with this and the Army are authorized, using funds in the fiscal year covered by the budget, full option prior to October 1, 1987: Provided fur- available under the headings ‘‘Operation and funding of procurement of such unit in that ther, That this section applies only to active Maintenance, Air Force’’ and ‘‘Operation and fiscal year; components of the Army. Maintenance, Army’’, to complete facility (2) cancellation provisions in the contract SEC. 8016. (a) None of the funds appro- conversions and phased repair projects which do not include consideration of recurring priated by this Act shall be available to con- may include upgrades and additions to Alas- manufacturing costs of the contractor asso- vert to contractor performance an activity kan range infrastructure and training areas, ciated with the production of unfunded units or function of the Department of Defense and improved access to these ranges. to be delivered under the contract; that, on or after the date of the enactment of this Act, is performed by Department of De- (TRANSFER OF FUNDS) (3) the contract provides that payments to the contractor under the contract shall not fense civilian employees unless— SEC. 8009. During the current fiscal year, be made in advance of incurred costs on (1) the conversion is based on the result of cash balances in working capital funds of the funded units; and a public-private competition that includes a Department of Defense established pursuant (4) the contract does not provide for a price most efficient and cost effective organiza- to section 2208 of title 10, United States adjustment based on a failure to award a fol- tion plan developed by such activity or func- Code, may be maintained in only such low-on contract. tion; amounts as are necessary at any time for Funds appropriated in title III of this Act (2) the Competitive Sourcing Official deter- cash disbursements to be made from such may be used for a multiyear procurement mines that, over all performance periods funds: Provided, That transfers may be made contract as follows: stated in the solicitation of offers for per- between such funds: Provided further, That Navy MH–60R/S Helicopter Systems. formance of the activity or function, the transfers may be made between working cap- SEC. 8012. Within the funds appropriated cost of performance of the activity or func- ital funds and the ‘‘Foreign Currency Fluc- for the operation and maintenance of the tion by a contractor would be less costly to tuations, Defense’’ appropriation and the Armed Forces, funds are hereby appropriated the Department of Defense by an amount ‘‘Operation and Maintenance’’ appropriation pursuant to section 401 of title 10, United that equals or exceeds the lesser of— accounts in such amounts as may be deter- States Code, for humanitarian and civic as- (A) 10 percent of the most efficient organi- mined by the Secretary of Defense, with the sistance costs under chapter 20 of title 10, zation’s personnel-related costs for perform- approval of the Office of Management and United States Code. Such funds may also be ance of that activity or function by Federal Budget, except that such transfers may not obligated for humanitarian and civic assist- employees; or be made unless the Secretary of Defense has ance costs incidental to authorized oper- (B) $10,000,000; and notified the Congress of the proposed trans- ations and pursuant to authority granted in (3) the contractor does not receive an ad- fer. Except in amounts equal to the amounts section 401 of chapter 20 of title 10, United vantage for a proposal that would reduce appropriated to working capital funds in this States Code, and these obligations shall be costs for the Department of Defense by— Act, no obligations may be made against a reported as required by section 401(d) of title (A) not making an employer-sponsored working capital fund to procure or increase 10, United States Code: Provided, That funds health insurance plan available to the work- the value of war reserve material inventory, available for operation and maintenance ers who are to be employed in the perform- unless the Secretary of Defense has notified shall be available for providing humani- ance of that activity or function under the the Congress prior to any such obligation. tarian and similar assistance by using Civic contract; or SEC. 8010. Funds appropriated by this Act Action Teams in the Trust Territories of the (B) offering to such workers an employer- may not be used to initiate a special access Pacific Islands and freely associated states sponsored health benefits plan that requires program without prior notification 30 cal- of Micronesia, pursuant to the Compact of the employer to contribute less towards the endar days in advance to the congressional Free Association as authorized by Public premium or subscription share than the defense committees. Law 99–239: Provided further, That upon a de- amount that is paid by the Department of SEC. 8011. None of the funds provided in termination by the Secretary of the Army Defense for health benefits for civilian em- this Act shall be available to initiate: (1) a that such action is beneficial for graduate ployees under chapter 89 of title 5, United multiyear contract that employs economic medical education programs conducted at States Code. order quantity procurement in excess of Army medical facilities located in Hawaii, (b)(1) The Department of Defense, without $20,000,000 in any one year of the contract or the Secretary of the Army may authorize regard to subsection (a) of this section or that includes an unfunded contingent liabil- the provision of medical services at such fa- subsection (a), (b), or (c) of section 2461 of ity in excess of $20,000,000; or (2) a contract cilities and transportation to such facilities, title 10, United States Code, and notwith- for advance procurement leading to a on a nonreimbursable basis, for civilian pa- standing any administrative regulation, re- multiyear contract that employs economic tients from American Samoa, the Common- quirement, or policy to the contrary shall order quantity procurement in excess of wealth of the Northern Mariana Islands, the have full authority to enter into a contract $20,000,000 in any one year, unless the con- Marshall Islands, the Federated States of Mi- for the performance of any commercial or in- gressional defense committees have been no- cronesia, Palau, and Guam. dustrial type function of the Department of tified at least 30 days in advance of the pro- SEC. 8013. (a) During fiscal year 2011, the ci- Defense that— posed contract award: Provided, That no part vilian personnel of the Department of De- (A) is included on the procurement list es- of any appropriation contained in this Act fense may not be managed on the basis of tablished pursuant to section 2 of the Javits- shall be available to initiate a multiyear any end-strength, and the management of Wagner-O’Day Act (section 8503 of title 41, contract for which the economic order quan- such personnel during that fiscal year shall United States Code);

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H864 CONGRESSIONAL RECORD — HOUSE February 15, 2011 (B) is planned to be converted to perform- Act shall be used during a single fiscal year (b) No member of a Board of Directors, ance by a qualified nonprofit agency for the for any single relocation of an organization, Trustees, Overseers, Advisory Group, Special blind or by a qualified nonprofit agency for unit, activity or function of the Department Issues Panel, Visiting Committee, or any other severely handicapped individuals in ac- of Defense into or within the National Cap- similar entity of a defense FFRDC, and no cordance with that Act; or ital Region: Provided, That the Secretary of paid consultant to any defense FFRDC, ex- (C) is planned to be converted to perform- Defense may waive this restriction on a case- cept when acting in a technical advisory ca- ance by a qualified firm under at least 51 per- by-case basis by certifying in writing to the pacity, may be compensated for his or her cent ownership by an Indian tribe, as defined congressional defense committees that such services as a member of such entity, or as a in section 4(e) of the Indian Self-Determina- a relocation is required in the best interest paid consultant by more than one FFRDC in tion and Education Assistance Act (25 U.S.C. of the Government. a fiscal year: Provided, That a member of any 450b(e)), or a Native Hawaiian Organization, SEC. 8021. In addition to the funds provided such entity referred to previously in this as defined in section 8(a)(15) of the Small elsewhere in this Act, $15,000,000 is appro- subsection shall be allowed travel expenses Business Act (15 U.S.C. 637(a)(15)). priated only for incentive payments author- and per diem as authorized under the Federal (2) This section shall not apply to depot ized by section 504 of the Indian Financing Joint Travel Regulations, when engaged in contracts or contracts for depot mainte- Act of 1974 (25 U.S.C. 1544): Provided, That a the performance of membership duties. nance as provided in sections 2469 and 2474 of prime contractor or a subcontractor at any (c) Notwithstanding any other provision of title 10, United States Code. tier that makes a subcontract award to any law, none of the funds available to the de- (c) The conversion of any activity or func- subcontractor or supplier as defined in sec- partment from any source during fiscal year tion of the Department of Defense under the tion 1544 of title 25, United States Code, or a 2011 may be used by a defense FFRDC, authority provided by this section shall be small business owned and controlled by an through a fee or other payment mechanism, credited toward any competitive or out- individual or individuals defined under sec- for construction of new buildings, for pay- sourcing goal, target, or measurement that tion 4221(9) of title 25, United States Code, ment of cost sharing for projects funded by may be established by statute, regulation, or shall be considered a contractor for the pur- Government grants, for absorption of con- policy and is deemed to be awarded under the poses of being allowed additional compensa- tract overruns, or for certain charitable con- authority of, and in compliance with, sub- tion under section 504 of the Indian Financ- tributions, not to include employee partici- section (h) of section 2304 of title 10, United ing Act of 1974 (25 U.S.C. 1544) whenever the pation in community service and/or develop- States Code, for the competition or out- prime contract or subcontract amount is ment. sourcing of commercial activities. over $500,000 and involves the expenditure of (d) Notwithstanding any other provision of (TRANSFER OF FUNDS) funds appropriated by an Act making Appro- law, of the funds available to the department during fiscal year 2011, not more than 5,750 SEC. 8017. Funds appropriated in title III of priations for the Department of Defense with this Act for the Department of Defense Pilot respect to any fiscal year: Provided further, staff years of technical effort (staff years) Mentor-Protege Program may be transferred That notwithstanding section 430 of title 41, may be funded for defense FFRDCs: Provided, to any other appropriation contained in this United States Code, this section shall be ap- That of the specific amount referred to pre- Act solely for the purpose of implementing a plicable to any Department of Defense acqui- viously in this subsection, not more than Mentor-Protege Program developmental as- sition of supplies or services, including any 1,125 staff years may be funded for the de- sistance agreement pursuant to section 831 contract and any subcontract at any tier for fense studies and analysis FFRDCs: Provided of the National Defense Authorization Act acquisition of commercial items produced or further, That this subsection shall not apply for Fiscal Year 1991 (Public Law 101–510; 10 manufactured, in whole or in part by any to staff years funded in the National Intel- U.S.C. 2302 note), as amended, under the au- subcontractor or supplier defined in section ligence Program (NIP) and the Military In- thority of this provision or any other trans- 1544 of title 25, United States Code, or a telligence Program (MIP). fer authority contained in this Act. small business owned and controlled by an (e) The Secretary of Defense shall, with the SEC. 8018. None of the funds in this Act individual or individuals defined under sec- submission of the department’s fiscal year may be available for the purchase by the De- tion 4221(9) of title 25, United States Code. 2012 budget request, submit a report pre- partment of Defense (and its departments SEC. 8022. Funds appropriated by this Act senting the specific amounts of staff years of and agencies) of welded shipboard anchor and for the Defense Media Activity shall not be technical effort to be allocated for each de- mooring chain 4 inches in diameter and used for any national or international polit- fense FFRDC during that fiscal year and the under unless the anchor and mooring chain ical or psychological activities. associated budget estimates. are manufactured in the United States from SEC. 8023. During the current fiscal year, (f) Notwithstanding any other provision of components which are substantially manu- the Department of Defense is authorized to this Act, the total amount appropriated in factured in the United States: Provided, That incur obligations of not to exceed $350,000,000 this Act for FFRDCs is hereby reduced by for the purpose of this section, the term for purposes specified in section 2350j(c) of $125,000,000. ‘‘manufactured’’ shall include cutting, heat title 10, United States Code, in anticipation SEC. 8026. None of the funds appropriated treating, quality control, testing of chain of receipt of contributions, only from the or made available in this Act shall be used to and welding (including the forging and shot Government of Kuwait, under that section: procure carbon, alloy or armor steel plate for blasting process): Provided further, That for Provided, That upon receipt, such contribu- use in any Government-owned facility or the purpose of this section substantially all tions from the Government of Kuwait shall property under the control of the Depart- of the components of anchor and mooring be credited to the appropriations or fund ment of Defense which were not melted and chain shall be considered to be produced or which incurred such obligations. rolled in the United States or Canada: Pro- manufactured in the United States if the ag- SEC. 8024. (a) Of the funds made available vided, That these procurement restrictions gregate cost of the components produced or in this Act, not less than $30,374,000 shall be shall apply to any and all Federal Supply manufactured in the United States exceeds available for the Civil Air Patrol Corpora- Class 9515, American Society of Testing and the aggregate cost of the components pro- tion, of which— Materials (ASTM) or American Iron and duced or manufactured outside the United (1) $27,048,000 shall be available from ‘‘Op- Steel Institute (AISI) specifications of car- States: Provided further, That when adequate eration and Maintenance, Air Force’’ to sup- bon, alloy or armor steel plate: Provided fur- domestic supplies are not available to meet port Civil Air Patrol Corporation operation ther, That the Secretary of the military de- Department of Defense requirements on a and maintenance, readiness, counterdrug ac- partment responsible for the procurement timely basis, the Secretary of the service re- tivities, and drug demand reduction activi- may waive this restriction on a case-by-case sponsible for the procurement may waive ties involving youth programs; basis by certifying in writing to the Commit- this restriction on a case-by-case basis by (2) $2,424,000 shall be available from ‘‘Air- tees on Appropriations of the House of Rep- certifying in writing to the Committees on craft Procurement, Air Force’’; and resentatives and the Senate that adequate Appropriations that such an acquisition (3) $902,000 shall be available from ‘‘Other domestic supplies are not available to meet must be made in order to acquire capability Procurement, Air Force’’ for vehicle pro- Department of Defense requirements on a for national security purposes. curement. timely basis and that such an acquisition SEC. 8019. None of the funds available to (b) The Secretary of the Air Force should must be made in order to acquire capability the Department of Defense may be used to waive reimbursement for any funds used by for national security purposes: Provided fur- demilitarize or dispose of M–1 Carbines, M–1 the Civil Air Patrol for counter-drug activi- ther, That these restrictions shall not apply Garand rifles, M–14 rifles, .22 caliber rifles, ties in support of Federal, State, and local to contracts which are in being as of the date .30 caliber rifles, or M–1911 pistols, or to de- government agencies. of the enactment of this Act. militarize or destroy small arms ammuni- SEC. 8025. (a) None of the funds appro- SEC. 8027. For the purposes of this Act, the tion or ammunition components that are not priated in this Act are available to establish term ‘‘congressional defense committees’’ otherwise prohibited from commercial sale a new Department of Defense (department) means the Armed Services Committee of the under Federal law, unless the small arms federally funded research and development House of Representatives, the Armed Serv- ammunition or ammunition components are center (FFRDC), either as a new entity, or as ices Committee of the Senate, the Sub- certified by the Secretary of the Army or a separate entity administrated by an orga- committee on Defense of the Committee on designee as unserviceable or unsafe for fur- nization managing another FFRDC, or as a Appropriations of the Senate, and the Sub- ther use. nonprofit membership corporation con- committee on Defense of the Committee on SEC. 8020. No more than $500,000 of the sisting of a consortium of other FFRDCs and Appropriations of the House of Representa- funds appropriated or made available in this other nonprofit entities. tives.

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SEC. 8028. During the current fiscal year, Indian tribes for housing units under sub- for mitigation, on Indian lands resulting the Department of Defense may acquire the section (a) before submitting requests to the from Department of Defense activities. modification, depot maintenance and repair Secretary of the Air Force under subsection SEC. 8037. (a) None of the funds appro- of aircraft, vehicles and vessels as well as the (b). priated in this Act may be expended by an production of components and other Defense- (d) In this section, the term ‘‘Indian tribe’’ entity of the Department of Defense unless related articles, through competition be- means any recognized Indian tribe included the entity, in expending the funds, complies tween Department of Defense depot mainte- on the current list published by the Sec- with the Buy American Act. For purposes of nance activities and private firms: Provided, retary of the Interior under section 104 of the this subsection, the term ‘‘Buy American That the Senior Acquisition Executive of the Federally Recognized Indian Tribe Act of Act’’ means chapter 83 of title 41, United military department or Defense Agency con- 1994 (Public Law 103–454; 108 Stat. 4792; 25 States Code. cerned, with power of delegation, shall cer- U.S.C. 479a–1). (b) If the Secretary of Defense determines tify that successful bids include comparable SEC. 8032. During the current fiscal year, that a person has been convicted of inten- estimates of all direct and indirect costs for appropriations which are available to the De- tionally affixing a label bearing a ‘‘Made in both public and private bids: Provided further, partment of Defense for operation and main- America’’ inscription to any product sold in That Office of Management and Budget Cir- tenance may be used to purchase items hav- or shipped to the United States that is not cular A–76 shall not apply to competitions ing an investment item unit cost of not more made in America, the Secretary shall deter- conducted under this section. than $250,000. mine, in accordance with section 2410f of SEC. 8029. (a)(1) If the Secretary of Defense, SEC. 8033. (a) During the current fiscal title 10, United States Code, whether the per- after consultation with the United States year, none of the appropriations or funds son should be debarred from contracting Trade Representative, determines that a for- available to the Department of Defense with the Department of Defense. Working Capital Funds shall be used for the eign country which is party to an agreement (c) In the case of any equipment or prod- purchase of an investment item for the pur- described in paragraph (2) has violated the ucts purchased with appropriations provided pose of acquiring a new inventory item for terms of the agreement by discriminating under this Act, it is the sense of the Congress sale or anticipated sale during the current against certain types of products produced in that any entity of the Department of De- fiscal year or a subsequent fiscal year to cus- the United States that are covered by the fense, in expending the appropriation, pur- tomers of the Department of Defense Work- agreement, the Secretary of Defense shall re- chase only American-made equipment and ing Capital Funds if such an item would not scind the Secretary’s blanket waiver of the products, provided that American-made have been chargeable to the Department of Buy American Act with respect to such equipment and products are cost-competi- Defense Business Operations Fund during fis- types of products produced in that foreign tive, quality competitive, and available in a cal year 1994 and if the purchase of such an country. timely fashion. investment item would be chargeable during (2) An agreement referred to in paragraph SEC. 8038. None of the funds appropriated the current fiscal year to appropriations (1) is any reciprocal defense procurement by this Act shall be available for a contract made to the Department of Defense for pro- memorandum of understanding, between the for studies, analysis, or consulting services United States and a foreign country pursu- curement. (b) The fiscal year 2012 budget request for entered into without competition on the ant to which the Secretary of Defense has basis of an unsolicited proposal unless the prospectively waived the Buy American Act the Department of Defense as well as all justification material and other documentation head of the activity responsible for the pro- for certain products in that country. curement determines— (b) The Secretary of Defense shall submit supporting the fiscal year 2012 Department of (1) as a result of thorough technical eval- to the Congress a report on the amount of Defense budget shall be prepared and sub- uation, only one source is found fully quali- Department of Defense purchases from for- mitted to the Congress on the basis that any fied to perform the proposed work; eign entities in fiscal year 2011. Such report equipment which was classified as an end (2) the purpose of the contract is to explore shall separately indicate the dollar value of item and funded in a procurement appropria- an unsolicited proposal which offers signifi- items for which the Buy American Act was tion contained in this Act shall be budgeted cant scientific or technological promise, rep- waived pursuant to any agreement described for in a proposed fiscal year 2012 procure- resents the product of original thinking, and in subsection (a)(2), the Trade Agreement ment appropriation and not in the supply was submitted in confidence by one source; Act of 1979 (19 U.S.C. 2501 et seq.), or any management business area or any other area or international agreement to which the United or category of the Department of Defense (3) the purpose of the contract is to take States is a party. Working Capital Funds. advantage of unique and significant indus- (c) For purposes of this section, the term SEC. 8034. None of the funds appropriated trial accomplishment by a specific concern, ‘‘Buy American Act’’ means chapter 83 of by this Act for programs of the Central In- or to insure that a new product or idea of a title 41, United States Code. telligence Agency shall remain available for SEC. 8030. During the current fiscal year, obligation beyond the current fiscal year, ex- specific concern is given financial support: amounts contained in the Department of De- cept for funds appropriated for the Reserve Provided, That this limitation shall not fense Overseas Military Facility Investment for Contingencies, which shall remain avail- apply to contracts in an amount of less than Recovery Account established by section able until September 30, 2012: Provided, That $25,000, contracts related to improvements of 2921(c)(1) of the National Defense Authoriza- funds appropriated, transferred, or otherwise equipment that is in development or production Act of 1991 (Public Law 101–510; 10 U.S.C. credited to the Central Intelligence Agency tion, or contracts as to which a civilian offi- 2687 note) shall be available until expended Central Services Working Capital Fund dur- cial of the Department of Defense, who has for the payments specified by section ing this or any prior or subsequent fiscal been confirmed by the Senate, determines 2921(c)(2) of that Act. year shall remain available until expended: that the award of such contract is in the in- SEC. 8031. (a) Notwithstanding any other Provided further, That any funds appropriated terest of the national defense. provision of law, the Secretary of the Air or transferred to the Central Intelligence SEC. 8039. (a) Except as provided in sub- Force may convey at no cost to the Air Agency for advanced research and develop- sections (b) and (c), none of the funds made Force, without consideration, to Indian ment acquisition, for agent operations, and available by this Act may be used— tribes located in the States of Nevada, Idaho, for covert action programs authorized by the (1) to establish a field operating agency; or North Dakota, South Dakota, Montana, Or- President under section 503 of the National (2) to pay the basic pay of a member of the egon, Minnesota, and Washington Security Act of 1947, as amended, shall re- Armed Forces or civilian employee of the de- relocatable military housing units located at main available until September 30, 2012. partment who is transferred or reassigned Grand Forks Air Force Base, Malmstrom Air SEC. 8035. Notwithstanding any other pro- from a headquarters activity if the member Force Base, Mountain Home Air Force Base, vision of law, funds made available in this or employee’s place of duty remains at the Ellsworth Air Force Base, and Minot Air Act for the Defense Intelligence Agency may location of that headquarters. Force Base that are excess to the needs of be used for the design, development, and de- (b) The Secretary of Defense or Secretary the Air Force. ployment of General Defense Intelligence of a military department may waive the lim- (b) The Secretary of the Air Force shall Program intelligence communications and itations in subsection (a), on a case-by-case convey, at no cost to the Air Force, military intelligence information systems for the basis, if the Secretary determines, and cer- housing units under subsection (a) in accord- Services, the Unified and Specified Com- tifies to the Committees on Appropriations ance with the request for such units that are mands, and the component commands. of the House of Representatives and Senate submitted to the Secretary by the Operation SEC. 8036. Of the funds appropriated to the that the granting of the waiver will reduce Walking Shield Program on behalf of Indian Department of Defense under the heading the personnel requirements or the financial tribes located in the States of Nevada, Idaho, ‘‘Operation and Maintenance, Defense- requirements of the department. North Dakota, South Dakota, Montana, Or- Wide’’, not less than $12,000,000 shall be made (c) This section does not apply to— egon, Minnesota, and Washington. Any such available only for the mitigation of environ- (1) field operating agencies funded within conveyance shall be subject to the condition mental impacts, including training and tech- the National Intelligence Program; or that the housing units shall be removed nical assistance to tribes, related adminis- (2) an Army field operating agency estab- within a reasonable period of time, as deter- trative support, the gathering of informa- lished to eliminate, mitigate, or counter the mined by the Secretary. tion, documenting of environmental damage, effects of improvised explosive devices, and, (c) The Operation Walking Shield Program and developing a system for prioritization of as determined by the Secretary of the Army, shall resolve any conflicts among requests of mitigation and cost to complete estimates other similar threats; or

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H866 CONGRESSIONAL RECORD — HOUSE February 15, 2011 (3) an Army field operating agency estab- tary Intelligence Program: Provided, That mittee on Foreign Relations of the Senate lished to improve the effectiveness and effi- nothing in this section authorizes deviation are notified 15 days in advance of such trans- ciencies of biometric activities and to inte- from established Reserve and National Guard fer. grate common biometric technologies personnel and training procedures. (b) This section applies to— throughout the Department of Defense. SEC. 8045. During the current fiscal year, (1) any international peacekeeping or SEC. 8040. The Secretary of Defense, not- none of the funds appropriated in this Act peace-enforcement operation under the au- withstanding any other provision of law, act- may be used to reduce the civilian medical thority of chapter VI or chapter VII of the ing through the Office of Economic Adjust- and medical support personnel assigned to United Nations Charter under the authority ment of the Department of Defense, may use military treatment facilities below the Sep- of a United Nations Security Council resolu- funds made available in this Act under the tember 30, 2003, level: Provided, That the tion; and heading ‘‘Operation and Maintenance, De- Service Surgeons General may waive this (2) any other international peacekeeping, fense-Wide’’ to make grants and supplement section by certifying to the congressional de- peace-enforcement, or humanitarian assist- other Federal funds in accordance with the fense committees that the beneficiary popu- ance operation. guidance provided in the explanatory state- lation is declining in some catchment areas (c) A notice under subsection (a) shall in- ment regarding this Act. and civilian strength reductions may be conclude the following— (1) A description of the equipment, sup- (RESCISSIONS) sistent with responsible resource stewardship and capitation-based budgeting. plies, or services to be transferred. SEC. 8041. Of the funds appropriated in De- SEC. 8046. (a) None of the funds available to (2) A statement of the value of the equip- partment of Defense Appropriations Acts, the Department of Defense for any fiscal ment, supplies, or services to be transferred. the following funds are hereby rescinded year for drug interdiction or counter-drug (3) In the case of a proposed transfer of from the following accounts and programs in activities may be transferred to any other equipment or supplies— the specified amounts: department or agency of the United States (A) a statement of whether the inventory ‘‘Procurement of Weapons and Tracked except as specifically provided in an appro- requirements of all elements of the Armed Combat Vehicles, Army, 2009/2011’’, priations law. Forces (including the reserve components) $86,300,000; (b) None of the funds available to the Cen- for the type of equipment or supplies to be ‘‘Other Procurement, Army, 2009/2011’’, tral Intelligence Agency for any fiscal year transferred have been met; and $147,600,000; for drug interdiction and counter-drug ac- (B) a statement of whether the items pro- ‘‘Aircraft Procurement, Navy, 2009/2011’’, tivities may be transferred to any other de- posed to be transferred will have to be re- $26,100,000; partment or agency of the United States ex- placed and, if so, how the President proposes ‘‘Aircraft Procurement, Air Force, 2009/ cept as specifically provided in an appropria- to provide funds for such replacement. 2011’’, $116,900,000; tions law. SEC. 8051. None of the funds available to ‘‘Aircraft Procurement, Army, 2010/2012’’, SEC. 8047. None of the funds appropriated the Department of Defense under this Act $14,000,000; by this Act may be used for the procurement shall be obligated or expended to pay a con- ‘‘Procurement of Weapons and Tracked of ball and roller bearings other than those tractor under a contract with the Depart- Combat Vehicles, Army, 2010/2012’’, produced by a domestic source and of domes- ment of Defense for costs of any amount paid $36,000,000; tic origin: Provided, That the Secretary of by the contractor to an employee when— ‘‘Missile Procurement, Army, 2010/2012’’, the military department responsible for such (1) such costs are for a bonus or otherwise $9,171,000; procurement may waive this restriction on a in excess of the normal salary paid by the ‘‘Aircraft Procurement, Navy, 2010/2012’’, case-by-case basis by certifying in writing to contractor to the employee; and $184,847,000; the Committees on Appropriations of the (2) such bonus is part of restructuring costs ‘‘Procurement of Ammunition, Navy and House of Representatives and the Senate, associated with a business combination. Marine Corps, 2010/2012’’, $11,576,000; that adequate domestic supplies are not (INCLUDING TRANSFER OF FUNDS) Under the heading, ‘‘Shipbuilding and Con- available to meet Department of Defense re- SEC. 8052. During the current fiscal year, version, Navy, 2010/2014’’: DDG–51 Destroyer, quirements on a timely basis and that such no more than $30,000,000 of appropriations $22,000,000; an acquisition must be made in order to ac- made in this Act under the heading ‘‘Oper- ‘‘Other Procurement, Navy, 2010/2012’’, quire capability for national security pur- ation and Maintenance, Defense-Wide’’ may $9,042,000; poses: Provided further, That this restriction be transferred to appropriations available for ‘‘Aircraft Procurement, Air Force, 2010/ shall not apply to the purchase of ‘‘commer- the pay of military personnel, to be merged 2012’’, $151,300,000; cial items’’, as defined by section 4(12) of the with, and to be available for the same time ‘‘Other Procurement, Air Force, 2010/2012’’, Office of Federal Procurement Policy Act, period as the appropriations to which trans- $36,600,000; except that the restriction shall apply to ferred, to be used in support of such per- ‘‘Research, Development, Test and Evalua- ball or roller bearings purchased as end sonnel in connection with support and serv- tion, Army, 2010/2011’’, $53,500,000; items. ices for eligible organizations and activities ‘‘Research, Development, Test and Evalua- SEC. 8048. None of the funds in this Act outside the Department of Defense pursuant tion, Air Force, 2010/2011’’, $198,600,000; and may be used to purchase any supercomputer to section 2012 of title 10, United States ‘‘Research, Development, Test and Evalua- which is not manufactured in the United Code. tion, Defense-Wide, 2010/2011’’, $10,000,000. States, unless the Secretary of Defense cer- SEC. 8053. During the current fiscal year, in SEC. 8042. None of the funds available in tifies to the congressional defense commit- the case of an appropriation account of the this Act may be used to reduce the author- tees that such an acquisition must be made Department of Defense for which the period ized positions for military (civilian) techni- in order to acquire capability for national se- of availability for obligation has expired or cians of the Army National Guard, Air Na- curity purposes that is not available from which has closed under the provisions of sec- tional Guard, Army Reserve and Air Force United States manufacturers. tion 1552 of title 31, United States Code, and Reserve for the purpose of applying any ad- SEC. 8049. None of the funds made available which has a negative unliquidated or unex- ministratively imposed civilian personnel in this or any other Act may be used to pay pended balance, an obligation or an adjust- ceiling, freeze, or reduction on military (ci- the salary of any officer or employee of the ment of an obligation may be charged to any vilian) technicians, unless such reductions Department of Defense who approves or im- current appropriation account for the same are a direct result of a reduction in military plements the transfer of administrative re- purpose as the expired or closed account if— force structure. sponsibilities or budgetary resources of any (1) the obligation would have been properly SEC. 8043. None of the funds appropriated program, project, or activity financed by chargeable (except as to amount) to the ex- or otherwise made available in this Act may this Act to the jurisdiction of another Fed- pired or closed account before the end of the be obligated or expended for assistance to eral agency not financed by this Act without period of availability or closing of that ac- the Democratic People’s Republic of Korea the express authorization of Congress: Pro- count; unless specifically appropriated for that pur- vided, That this limitation shall not apply to (2) the obligation is not otherwise properly pose. transfers of funds expressly provided for in chargeable to any current appropriation ac- SEC. 8044. Funds appropriated in this Act Defense Appropriations Acts, or provisions of count of the Department of Defense; and for operation and maintenance of the Mili- Acts providing supplemental appropriations (3) in the case of an expired account, the tary Departments, Combatant Commands for the Department of Defense. obligation is not chargeable to a current ap- and Defense Agencies shall be available for SEC. 8050. (a) Notwithstanding any other propriation of the Department of Defense reimbursement of pay, allowances and other provision of law, none of the funds available under the provisions of section 1405(b)(8) of expenses which would otherwise be incurred to the Department of Defense for the current the National Defense Authorization Act for against appropriations for the National fiscal year may be obligated or expended to Fiscal Year 1991, Public Law 101–510, as Guard and Reserve when members of the Na- transfer to another nation or an inter- amended (31 U.S.C. 1551 note): Provided, That tional Guard and Reserve provide intel- national organization any defense articles or in the case of an expired account, if subse- ligence or counterintelligence support to services (other than intelligence services) for quent review or investigation discloses that Combatant Commands, Defense Agencies and use in the activities described in subsection there was not in fact a negative unliquidated Joint Intelligence Activities, including the (b) unless the congressional defense commit- or unexpended balance in the account, any activities and programs included within the tees, the Committee on Foreign Affairs of charge to a current account under the au- National Intelligence Program and the Mili- the House of Representatives, and the Com- thority of this section shall be reversed and

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H867 recorded against the expired account: Pro- (1) contracts and subcontracts entered into of the project, the planned acquisition and vided further, That the total amount charged on or after the date of the enactment of this transition strategy and its estimated annual to a current appropriation under this section Act; and and total cost, has been provided in writing may not exceed an amount equal to 1 percent (2) options for the procurement of items to the congressional defense committees: of the total appropriation for that account. that are exercised after such date under con- Provided, That the Secretary of Defense may SEC. 8054. (a) Notwithstanding any other tracts that are entered into before such date waive this restriction on a case-by-case basis provision of law, the Chief of the National if the option prices are adjusted for any rea- by certifying to the congressional defense Guard Bureau may permit the use of equip- son other than the application of a waiver committees that it is in the national inter- ment of the National Guard Distance Learn- granted under subsection (a). est to do so. ing Project by any person or entity on a (c) Subsection (a) does not apply to a limi- SEC. 8063. The Secretary of Defense shall space-available, reimbursable basis. The tation regarding construction of public ves- provide a classified quarterly report begin- Chief of the National Guard Bureau shall es- sels, ball and roller bearings, food, and cloth- ning 30 days after enactment of this Act, to tablish the amount of reimbursement for ing or textile materials as defined by section the House and Senate Appropriations Com- such use on a case-by-case basis. 11 (chapters 50–65) of the Harmonized Tariff mittees, Subcommittees on Defense on cer- (b) Amounts collected under subsection (a) Schedule and products classified under head- tain matters as directed in the classified shall be credited to funds available for the ings 4010, 4202, 4203, 6401 through 6406, 6505, annex accompanying this Act. National Guard Distance Learning Project 7019, 7218 through 7229, 7304.41 through SEC. 8064. During the current fiscal year, and be available to defray the costs associ- 7304.49, 7306.40, 7502 through 7508, 8105, 8108, none of the funds available to the Depart- ated with the use of equipment of the project 8109, 8211, 8215, and 9404. ment of Defense may be used to provide sup- under that subsection. Such funds shall be SEC. 8059. (a) None of the funds made avail- port to another department or agency of the available for such purposes without fiscal able by this Act may be used to support any United States if such department or agency year limitation. training program involving a unit of the se- is more than 90 days in arrears in making payment to the Department of Defense for SEC. 8055. Using funds made available by curity forces or police of a foreign country if goods or services previously provided to such this Act or any other Act, the Secretary of the Secretary of Defense has received cred- department or agency on a reimbursable the Air Force, pursuant to a determination ible information from the Department of basis: Provided, That this restriction shall under section 2690 of title 10, United States State that the unit has committed a gross not apply if the department is authorized by Code, may implement cost-effective agree- violation of human rights, unless all nec- law to provide support to such department or ments for required heating facility mod- essary corrective steps have been taken. agency on a nonreimbursable basis, and is ernization in the Kaiserslautern Military (b) The Secretary of Defense, in consulta- providing the requested support pursuant to Community in the Federal Republic of Ger- tion with the Secretary of State, shall en- such authority: Provided further, That the many: Provided, That in the City of sure that prior to a decision to conduct any Secretary of Defense may waive this restric- Kaiserslautern and at the Rhine Ordnance training program referred to in subsection tion on a case-by-case basis by certifying in Barracks area, such agreements will include (a), full consideration is given to all credible writing to the Committees on Appropria- the use of United States anthracite as the information available to the Department of tions of the House of Representatives and base load energy for municipal district heat State relating to human rights violations by the Senate that it is in the national security to the United States Defense installations: foreign security forces. (c) The Secretary of Defense, after con- interest to do so. Provided further, That at Landstuhl Army sultation with the Secretary of State, may SEC. 8065. Notwithstanding section 12310(b) Regional Medical Center and Ramstein Air waive the prohibition in subsection (a) if he of title 10, United States Code, a Reserve Base, furnished heat may be obtained from determines that such waiver is required by who is a member of the National Guard serv- private, regional or municipal services, if extraordinary circumstances. ing on full-time National Guard duty under provisions are included for the consideration (d) Not more than 15 days after the exer- section 502(f) of title 32, United States Code, of United States coal as an energy source. cise of any waiver under subsection (c), the may perform duties in support of the ground- SEC. 8056. None of the funds appropriated in Secretary of Defense shall submit a report to based elements of the National Ballistic Mis- title IV of this Act may be used to procure the congressional defense committees de- sile Defense System. end-items for delivery to military forces for scribing the extraordinary circumstances, SEC. 8066. None of the funds provided in operational training, operational use or in- the purpose and duration of the training pro- this Act may be used to transfer to any non- ventory requirements: Provided, That this re- gram, the United States forces and the for- governmental entity ammunition held by striction does not apply to end-items used in eign security forces involved in the training the Department of Defense that has a center- development, prototyping, and test activi- program, and the information relating to fire cartridge and a United States military ties preceding and leading to acceptance for human rights violations that necessitates nomenclature designation of ‘‘armor pene- operational use: Provided further, That this the waiver. trator’’, ‘‘armor piercing (AP)’’, ‘‘armor restriction does not apply to programs fund- SEC. 8060. None of the funds appropriated piercing incendiary (API)’’, or ‘‘armor-pierc- ed within the National Intelligence Program: or made available in this Act to the Depart- ing incendiary tracer (API–T)’’, except to an Provided further, That the Secretary of De- ment of the Navy shall be used to develop, entity performing demilitarization services fense may waive this restriction on a case- lease or procure the T–AKE class of ships unfor the Department of Defense under a con- by-case basis by certifying in writing to the less the main propulsion diesel engines and tract that requires the entity to dem- Committees on Appropriations of the House propulsors are manufactured in the United onstrate to the satisfaction of the Depart- of Representatives and the Senate that it is States by a domestically operated entity: ment of Defense that armor piercing projec- in the national security interest to do so. Provided, That the Secretary of Defense may tiles are either: (1) rendered incapable of SEC. 8057. None of the funds made available waive this restriction on a case-by-case basis reuse by the demilitarization process; or (2) in this Act may be used to approve or license by certifying in writing to the Committees used to manufacture ammunition pursuant the sale of the F–22A advanced tactical fight- on Appropriations of the House of Represent- to a contract with the Department of De- er to any foreign government: Provided, That atives and the Senate that adequate domes- fense or the manufacture of ammunition for the Department of Defense may conduct or tic supplies are not available to meet De- export pursuant to a License for Permanent participate in studies, research, design and partment of Defense requirements on a time- Export of Unclassified Military Articles other activities to define and develop a fu- ly basis and that such an acquisition must be issued by the Department of State. ture export version of the F–22A that pro- made in order to acquire capability for na- SEC. 8067. Notwithstanding any other protects classified and sensitive information, tional security purposes or there exists a sig- vision of law, the Chief of the National technologies and U.S. warfighting capabili- nificant cost or quality difference. Guard Bureau, or his designee, may waive ties. SEC. 8061. None of the funds appropriated payment of all or part of the consideration SEC. 8058. (a) The Secretary of Defense or otherwise made available by this or other that otherwise would be required under sec- may, on a case-by-case basis, waive with re- Department of Defense Appropriations Acts tion 2667 of title 10, United States Code, in spect to a foreign country each limitation on may be obligated or expended for the purpose the case of a lease of personal property for a the procurement of defense items from for- of performing repairs or maintenance to period not in excess of 1 year to any organi- eign sources provided in law if the Secretary military family housing units of the Depart- zation specified in section 508(d) of title 32, determines that the application of the limi- ment of Defense, including areas in such United States Code, or any other youth, so- tation with respect to that country would in- military family housing units that may be cial, or fraternal nonprofit organization as validate cooperative programs entered into used for the purpose of conducting official may be approved by the Chief of the National between the Department of Defense and the Department of Defense business. Guard Bureau, or his designee, on a case-by- foreign country, or would invalidate recip- SEC. 8062. Notwithstanding any other pro- case basis. rocal trade agreements for the procurement vision of law, funds appropriated in this Act SEC. 8068. None of the funds appropriated of defense items entered into under section under the heading ‘‘Research, Development, by this Act shall be used for the support of 2531 of title 10, United States Code, and the Test and Evaluation, Defense-Wide’’ for any any nonappropriated funds activity of the country does not discriminate against the new start advanced concept technology dem- Department of Defense that procures malt same or similar defense items produced in onstration project or joint capability dem- beverages and wine with nonappropriated the United States for that country. onstration project may only be obligated 30 funds for resale (including such alcoholic (b) Subsection (a) applies with respect to— days after a report, including a description beverages sold by the drink) on a military

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H868 CONGRESSIONAL RECORD — HOUSE February 15, 2011 installation located in the United States un- SRBMD program, $58,966,000 shall be avail- priations account: Provided further, That less such malt beverages and wine are pro- able for an upper-tier component to the these documents shall include estimated cured within that State, or in the case of the Israeli Missile Defense Architecture, and costs for each element of expense or object District of Columbia, within the District of $66,427,000 shall be for the Arrow System Im- class, a reconciliation of increases and de- Columbia, in which the military installation provement Program including development creases for each contingency operation, and is located: Provided, That in a case in which of a long range, ground and airborne, detec- programmatic data including, but not lim- the military installation is located in more tion suite, of which $12,000,000 shall be for ited to, troop strength for each Active and than one State, purchases may be made in producing Arrow missile components in the Reserve component, and estimates of the any State in which the installation is lo- United States and Arrow missile components major weapons systems deployed in support cated: Provided further, That such local pro- in Israel to meet Israel’s defense require- of each contingency: Provided further, That curement requirements for malt beverages ments, consistent with each nation’s laws, these documents shall include budget exhib- and wine shall apply to all alcoholic bev- regulations and procedures: Provided further, its OP–5 and OP–32 (as defined in the Depart- erages only for military installations in That funds made available under this provi- ment of Defense Financial Management Reg- States which are not contiguous with an- sion for production of missiles and missile ulation) for all contingency operations for other State: Provided further, That alcoholic components may be transferred to appropria- the budget year and the two preceding fiscal beverages other than wine and malt bev- tions available for the procurement of weap- years. erages, in contiguous States and the District ons and equipment, to be merged with and to SEC. 8079. None of the funds in this Act of Columbia shall be procured from the most be available for the same time period and the may be used for research, development, test, competitive source, price and other factors same purposes as the appropriation to which evaluation, procurement or deployment of considered. transferred: Provided further, That the trans- nuclear armed interceptors of a missile de- SEC. 8069. Funds available to the Depart- fer authority provided under this provision is fense system. ment of Defense for the Global Positioning in addition to any other transfer authority (INCLUDING TRANSFER OF FUNDS) System during the current fiscal year, and contained in this Act. SEC. 8080. In addition to the amounts ap- hereafter, may be used to fund civil require- SEC. 8074. None of the funds available to the Department of Defense may be obligated propriated or otherwise made available else- ments associated with the satellite and where in this Act, $65,200,000 is hereby appro- ground control segments of such system’s to modify command and control relationships to give Fleet Forces Command admin- priated to the Department of Defense: Pro- modernization program. vided, That the Secretary of Defense shall (INCLUDING TRANSFER OF FUNDS) istrative and operational control of U.S. Navy forces assigned to the Pacific fleet: make grants in the amounts specified as fol- SEC. 8070. Of the amounts appropriated in Provided, That the command and control re- lows: $20,000,000 to the United Service Orga- this Act under the heading ‘‘Operation and lationships which existed on October 1, 2004, nizations; $24,000,000 to the Red Cross; Maintenance, Army’’, $147,258,300 shall re- shall remain in force unless changes are spe- $1,200,000 to the Special Olympics; and main available until expended: Provided, cifically authorized in a subsequent Act. $20,000,000 to the Youth Mentoring Grants That notwithstanding any other provision of SEC. 8075. Notwithstanding any other pro- Program: Provided further, That funds avail- law, the Secretary of Defense is authorized vision of law or regulation, the Secretary of able in this section for the Youth Mentoring to transfer such funds to other activities of Defense may exercise the provisions of sec- Grants Program may be available for trans- the Federal Government: Provided further, tion 7403(g) of title 38, United States Code, fer to the Department of Justice Youth Men- That the Secretary of Defense is authorized for occupations listed in section 7403(a)(2) of toring Grants Program. to enter into and carry out contracts for the title 38, United States Code, as well as the SEC. 8081. None of the funds appropriated acquisition of real property, construction, following: or made available in this Act shall be used to personal services, and operations related to Pharmacists, Audiologists, Psychologists, reduce or disestablish the operation of the projects carrying out the purposes of this Social Workers, Othotists/Prosthetists, Oc- 53rd Weather Reconnaissance Squadron of section: Provided further, That contracts en- cupational Therapists, Physical Therapists, the Air Force Reserve, if such action would tered into under the authority of this section Rehabilitation Therapists, Respiratory reduce the WC–130 Weather Reconnaissance may provide for such indemnification as the Therapists, Speech Pathologists, Dietitian/ mission below the levels funded in this Act: Secretary determines to be necessary: Pro- Nutritionists, Industrial Hygienists, Psy- Provided, That the Air Force shall allow the vided further, That projects authorized by chology Technicians, Social Service Assist- 53rd Weather Reconnaissance Squadron to this section shall comply with applicable ants, Practical Nurses, Nursing Assistants, perform other missions in support of na- Federal, State, and local law to the max- and Dental Hygienists: tional defense requirements during the non- imum extent consistent with the national se- (A) The requirements of section hurricane season. SEC. 8082. None of the funds provided in curity, as determined by the Secretary of 7403(g)(1)(A) of title 38, United States Code, this Act shall be available for integration of Defense. shall apply. SEC. 8071. Section 8106 of the Department foreign intelligence information unless the (B) The limitations of section 7403(g)(1)(B) of Defense Appropriations Act, 1997 (titles I information has been lawfully collected and of title 38, United States Code, shall not through VIII of the matter under subsection processed during the conduct of authorized apply. 101(b) of Public Law 104–208; 110 Stat. 3009– foreign intelligence activities: Provided, That SEC. 8076. Funds appropriated by this Act, 111; 10 U.S.C. 113 note) shall continue in ef- or made available by the transfer of funds in information pertaining to United States perfect to apply to disbursements that are made this Act, for intelligence activities are sons shall only be handled in accordance by the Department of Defense in fiscal year deemed to be specifically authorized by the with protections provided in the Fourth 2011. Congress for purposes of section 504 of the Amendment of the United States Constitu- SEC. 8072. In addition to amounts provided National Security Act of 1947 (50 U.S.C. 414) tion as implemented through Executive elsewhere in this Act, $4,000,000 is hereby ap- during fiscal year 2011 until the enactment of Order No. 12333. propriated to the Department of Defense, to SEC. 8083. (a) At the time members of re- the Intelligence Authorization Act for Fiscal remain available for obligation until ex- serve components of the Armed Forces are Year 2011. pended: Provided, That notwithstanding any called or ordered to active duty under sec- SEC. 8077. None of the funds provided in other provision of law, these funds shall be this Act shall be available for obligation or tion 12302(a) of title 10, United States Code, available only for a grant to the Fisher expenditure through a reprogramming of each member shall be notified in writing of House Foundation, Inc., only for the con- funds that creates or initiates a new pro- the expected period during which the mem- struction and furnishing of additional Fisher gram, project, or activity unless such pro- ber will be mobilized. (b) The Secretary of Defense may waive Houses to meet the needs of military family gram, project, or activity must be under- the requirements of subsection (a) in any members when confronted with the illness or taken immediately in the interest of na- case in which the Secretary determines that hospitalization of an eligible military bene- tional security and only after written prior it is necessary to do so to respond to a na- ficiary. notification to the congressional defense tional security emergency or to meet dire (INCLUDING TRANSFER OF FUNDS) committees. SEC. 8073. Of the amounts appropriated in SEC. 8078. The budget of the President for operational requirements of the Armed this Act under the headings ‘‘Procurement, fiscal year 2012 submitted to the Congress Forces. Defense-Wide’’ and ‘‘Research, Development, pursuant to section 1105 of title 31, United (INCLUDING TRANSFER OF FUNDS) Test and Evaluation, Defense-Wide’’, States Code, shall include separate budget SEC. 8084. The Secretary of Defense may $415,115,000 shall be for the Israeli Coopera- justification documents for costs of United transfer funds from any available Depart- tive Programs: Provided, That of this States Armed Forces’ participation in con- ment of the Navy appropriation to any avail- amount, $205,000,000 shall be for the Sec- tingency operations for the Military Per- able Navy ship construction appropriation retary of Defense to provide to the Govern- sonnel accounts, the Operation and Mainte- for the purpose of liquidating necessary ment of Israel for the procurement of the nance accounts, and the Procurement ac- changes resulting from inflation, market Iron Dome defense system to counter short- counts: Provided, That these documents shall fluctuations, or rate adjustments for any range rocket threats, $84,722,000 shall be for include a description of the funding re- ship construction program appropriated in the Short Range Ballistic Missile Defense quested for each contingency operation, for law: Provided, That the Secretary may trans- (SRBMD) program, including cruise missile each military service, to include all Active fer not to exceed $100,000,000 under the au- defense research and development under the and Reserve components, and for each appro- thority provided by this section: Provided

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H869 further, That the Secretary may not transfer purpose as any subdivision under the heading tees’’ means the Permanent Select Com- any funds until 30 days after the proposed ‘‘Shipbuilding and Conversion, Navy’’ appro- mittee on Intelligence of the House of Rep- transfer has been reported to the Commit- priations in any prior fiscal year, and the 1 resentatives, the Select Committee on Intel- tees on Appropriations of the House of Rep- percent limitation shall apply to the total ligence of the Senate, the Subcommittee on resentatives and the Senate, unless a re- amount of the appropriation. Defense of the Committee on Appropriations sponse from the Committees is received SEC. 8092. Notwithstanding any other proof the House of Representatives, and the sooner: Provided further, That any funds vision of law, not more than 35 percent of Subcommittee on Defense of the Committee transferred pursuant to this section shall refunds provided in this Act for environmental on Appropriations of the Senate. tain the same period of availability as when remediation may be obligated under indefi- SEC. 8098. The Department of Defense shall originally appropriated: Provided further, nite delivery/indefinite quantity contracts continue to report incremental contingency That the transfer authority provided by this with a total contract value of $130,000,000 or operations costs for Operation New Dawn section is in addition to any other transfer higher. and Operation Enduring Freedom on a authority contained elsewhere in this Act. SEC. 8093. The Director of National Intel- monthly basis in the Cost of War Execution SEC. 8085. For purposes of section 7108 of ligence shall include the budget exhibits Report as prescribed in the Department of title 41, United States Code, any subdivision identified in paragraphs (1) and (2) as de- Defense Financial Management Regulation of appropriations made under the heading scribed in the Department of Defense Finan- Department of Defense Instruction 7000.14, ‘‘Shipbuilding and Conversion, Navy’’ that is cial Management Regulation with the con- Volume 12, Chapter 23 ‘‘Contingency Oper- not closed at the time reimbursement is gressional budget justification books. ations’’, Annex 1, dated September 2005. made shall be available to reimburse the (1) For procurement programs requesting SEC. 8099. The amounts appropriated in Judgment Fund and shall be considered for more than $20,000,000 in any fiscal year, the title II of this Act are hereby reduced by the same purposes as any subdivision under P–1, Procurement Program; P–5, Cost Anal- $1,983,000,000 to reflect excess cash balances the heading ‘‘Shipbuilding and Conversion, ysis; P–5a, Procurement History and Plan- in Department of Defense Working Capital Navy’’ appropriations in the current fiscal ning; P–21, Production Schedule; and P–40, Funds, as follows: (1) From ‘‘Operation and year or any prior fiscal year. Budget Item Justification. Maintenance, Army’’, $700,000,000; and (2) SEC. 8086. (a) None of the funds appro- (2) For research, development, test and From ‘‘Operation and Maintenance, Defense- priated by this Act may be used to transfer evaluation projects requesting more than Wide’’, $1,283,000,000. research and development, acquisition, or $10,000,000 in any fiscal year, the R–1, RDT&E (INCLUDING TRANSFER OF FUNDS) other program authority relating to current Program; R–2, RDT&E Budget Item Jus- SEC. 8100. During the current fiscal year, tification; R–3, RDT&E Project Cost Anal- tactical unmanned aerial vehicles (TUAVs) not to exceed $11,000,000 from each of the ap- ysis; and R–4, RDT&E Program Schedule from the Army. propriations made in title II of this Act for (b) The Army shall retain responsibility Profile. ‘‘Operation and Maintenance, Army’’, ‘‘Oper- for and operational control of the MQ–1C SEC. 8094. The Secretary of Defense shall ation and Maintenance, Navy’’, and ‘‘Oper- Sky Warrior Unmanned Aerial Vehicle create a major force program category for ation and Maintenance, Air Force’’ may be (UAV) in order to support the Secretary of space for each future-years defense program transferred by the military department con- Defense in matters relating to the employ- of the Department of Defense submitted to cerned to its central fund established for ment of unmanned aerial vehicles. Congress under section 221 of title 10, United Fisher Houses and Suites pursuant to section SEC. 8087. Of the funds provided in this Act, States Code, during fiscal year 2011. The Sec- 2493(d) of title 10, United States Code. $7,080,000 shall be available for the oper- retary of Defense shall designate an official ations and development of training and tech- in the Office of the Secretary of Defense to (INCLUDING TRANSFER OF FUNDS) nology for the Joint Interagency Training provide overall supervision of the prepara- SEC. 8101. Of the funds appropriated in the and Education Center and the affiliated Cen- tion and justification of program rec- Intelligence Community Management Ac- ter for National Response at the Memorial ommendations and budget proposals to be in- count for the Program Manager for the In- Tunnel and for providing homeland defense/ cluded in such major force program cat- formation Sharing Environment, $24,000,000 security and traditional warfighting training egory. is available for transfer by the Director of to the Department of Defense, other Federal SEC. 8095. (a) Not later than 60 days after National Intelligence to other departments agencies, and State and local first responder enactment of this Act, the Office of the Di- and agencies for purposes of Government- personnel at the Joint Interagency Training rector of National Intelligence shall submit wide information sharing activities: Pro- and Education Center. a report to the congressional intelligence vided, That funds transferred under this pro- SEC. 8088. Notwithstanding any other pro- committees to establish the baseline for ap- vision are to be merged with and available vision of law or regulation, during the cur- plication of reprogramming and transfer au- for the same purposes and time period as the rent fiscal year and hereafter, the Secretary thorities for fiscal year 2011: Provided, That appropriation to which transferred: Provided of Defense may adjust wage rates for civilian the report shall include— further, That the Office of Management and employees hired for certain health care occu- (1) a table for each appropriation with a Budget must approve any transfers made pations as authorized for the Secretary of separate column to display the President’s under this provision. Veterans Affairs by section 7455 of title 38, budget request, adjustments made by Con- SEC. 8102. Funds appropriated by this Act United States Code. gress, adjustments due to enacted rescis- for operation and maintenance may be avail- SEC. 8089. Up to $15,000,000 of the funds ap- sions, if appropriate, and the fiscal year enable for the purpose of making remittances propriated under the heading ‘‘Operation and acted level; to the Defense Acquisition Workforce Devel- Maintenance, Navy’’ may be made available (2) a delineation in the table for each ap- opment Fund in accordance with the require- for the Asia Pacific Regional Initiative Pro- propriation by Expenditure Center and ments of section 1705 of title 10, United gram for the purpose of enabling the Pacific project; and States Code. Command to execute Theater Security Co- (3) an identification of items of special SEC. 8103. (a) Any agency receiving funds operation activities such as humanitarian congressional interest. made available in this Act, shall, subject to assistance, and payment of incremental and (b) None of the funds provided for the Na- subsections (b) and (c), post on the public personnel costs of training and exercising tional Intelligence Program in this Act shall website of that agency any report required with foreign security forces: Provided, That be available for reprogramming or transfer to be submitted by the Congress in this or funds made available for this purpose may be until the report identified in subsection (a) is any other Act, upon the determination by used, notwithstanding any other funding au- submitted to the congressional intelligence the head of the agency that it shall serve the thorities for humanitarian assistance, secu- committees, unless the Director of National national interest. rity assistance or combined exercise ex- Intelligence certifies in writing to the con- (b) Subsection (a) shall not apply to a re- penses: Provided further, That funds may not gressional intelligence committees that such port if— be obligated to provide assistance to any for- reprogramming or transfer is necessary as an (1) the public posting of the report com- eign country that is otherwise prohibited emergency requirement. promises national security; or from receiving such type of assistance under SEC. 8096. The Director of National Intel- (2) the report contains proprietary infor- any other provision of law. ligence shall submit to Congress each year, mation. SEC. 8090. None of the funds appropriated at or about the time that the President’s (c) The head of the agency posting such re- by this Act for programs of the Office of the budget is submitted to Congress that year port shall do so only after such report has Director of National Intelligence shall re- under section 1105(a) of title 31, United been made available to the requesting Com- main available for obligation beyond the States Code, a future-years intelligence pro- mittee or Committees of Congress for no less current fiscal year, except for funds appro- gram (including associated annexes) reflect- than 45 days. priated for research and technology, which ing the estimated expenditures and proposed SEC. 8104. (a) None of the funds appro- shall remain available until September 30, appropriations included in that budget. Any priated or otherwise made available by this 2012. such future-years intelligence program shall Act may be expended for any Federal con- SEC. 8091. For purposes of section 1553(b) of cover the fiscal year with respect to which tract for an amount in excess of $1,000,000 un- title 31, United States Code, any subdivision the budget is submitted and at least the four less the contractor agrees not to: of appropriations made in this Act under the succeeding fiscal years. (1) enter into any agreement with any of heading ‘‘Shipbuilding and Conversion, SEC. 8097. For the purposes of this Act, the its employees or independent contractors Navy’’ shall be considered to be for the same term ‘‘congressional intelligence commit- that requires, as a condition of employment,

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H870 CONGRESSIONAL RECORD — HOUSE February 15, 2011 that the employee or independent contractor A–76 once all reporting and certifications re- be merged with and be available for the same agree to resolve through arbitration any quired by section 325 of the National Defense purposes and for the same time period as the claim under title VII of the Civil Rights Act Authorization Act for Fiscal Year 2010 (Pub- appropriations or fund to which transferred: of 1964 or any tort related to or arising out lic Law 111–84) have been satisfactorily com- Provided further, That this transfer authority of sexual assault or harassment, including pleted. is in addition to any other transfer authority assault and battery, intentional infliction of SEC. 8106. (a)(1) No National Intelligence available to the Department of Defense: Pro- emotional distress, false imprisonment, or Program funds appropriated in this Act may vided further, That the Secretary of the Air negligent hiring, supervision, or retention; be used for a mission critical or mission es- Force shall, not fewer than 15 days prior to or sential business management information making transfers using funds provided in (2) take any action to enforce any provi- technology system that is not registered this section, notify the congressional defense sion of an existing agreement with an em- with the Director of National Intelligence. A committees in writing of the details of any ployee or independent contractor that man- system shall be considered to be registered such transfer: Provided further, That the Sec- dates that the employee or independent con- with that officer upon the furnishing notice retary shall submit a report no later than 30 tractor resolve through arbitration any of the system, together with such informa- days after the end of each fiscal quarter to claim under title VII of the Civil Rights Act tion concerning the system as the Director the congressional defense committees sum- of 1964 or any tort related to or arising out of the Business Transformation Office may marizing the details of the transfer of funds of sexual assault or harassment, including prescribe. from this appropriation. assault and battery, intentional infliction of (2) During the current fiscal year no funds (INCLUDING TRANSFER OF FUNDS) may be obligated or expended for a financial emotional distress, false imprisonment, or SEC. 8109. From within the funds appro- management automated information system, negligent hiring, supervision, or retention. priated for operation and maintenance for a mixed information system supporting fi- (b) None of the funds appropriated or oth- the Defense Health Program in this Act, up nancial and non-financial systems, or a busi- erwise made available by this Act may be ex- to $132,200,000, shall be available for transfer ness system improvement of more than pended for any Federal contract unless the to the Joint Department of Defense-Depart- $3,000,000, within the Intelligence Commu- contractor certifies that it requires each ment of Veterans Affairs Medical Facility nity without the approval of the Business covered subcontractor to agree not to enter Demonstration Fund in accordance with the Transformation Office, and the designated into, and not to take any action to enforce provisions of section 1704 of the National De- Intelligence Community functional lead ele- any provision of, any agreement as described fense Authorization Act for Fiscal Year 2010, in paragraphs (1) and (2) of subsection (a), ment. Public Law 111–84: Provided, That for pur- with respect to any employee or independent (b) The Director of the Business Trans- poses of section 1704(b), the facility oper- contractor performing work related to such formation Office shall provide the congres- ations funded are operations of the inte- subcontract. For purposes of this subsection, sional intelligence committees a semi-an- grated Captain James A. Lovell Federal a ‘‘covered subcontractor’’ is an entity that nual report of approvals under paragraph (1) Health Care Center, consisting of the North has a subcontract in excess of $1,000,000 on a no later than March 30 and September 30 of Chicago Veterans Affairs Medical Center, the contract subject to subsection (a). each year. The report shall include the re- Navy Ambulatory Care Center, and sup- (c) The prohibitions in this section do not sults of the Business Transformation Invest- porting facilities designated as a combined apply with respect to a contractor’s or sub- ment Review Board’s semi-annual activities, Federal medical facility as described by sec- contractor’s agreements with employees or and each report shall certify that the fol- tion 706 of Public Law 110–417: Provided fur- independent contractors that may not be en- lowing steps have been taken for systems ap- ther, That additional funds may be trans- forced in a court of the United States. proved under paragraph (1): ferred from funds appropriated for operation (d) The Secretary of Defense may waive (1) Business process reengineering. and maintenance for the Defense Health Pro- the application of subsection (a) or (b) to a (2) An analysis of alternatives and an eco- gram to the Joint Department of Defense- particular contractor or subcontractor for nomic analysis that includes a calculation of Department of Veterans Affairs Medical Fa- the purposes of a particular contract or sub- the return on investment. cility Demonstration Fund upon written no- contract if the Secretary or the Deputy Sec- (3) Assurance the system is compatible tification by the Secretary of Defense to the retary personally determines that the waiver with the enterprise-wide business architec- Committees on Appropriations of the House is necessary to avoid harm to national secu- ture. of Representatives and the Senate. rity interests of the United States, and that (4) Performance measures. SEC. 8110. (a) Of the amounts made avail- the term of the contract or subcontract is (5) An information assurance strategy con- able in this Act under the heading ‘‘Oper- not longer than necessary to avoid such sistent with the Chief Information Officer of ation and Maintenance, Navy’’, not less than harm. The determination shall set forth with the Intelligence Community. $2,000,000, shall be made available for specificity the grounds for the waiver and for (c) This section shall not apply to any pro- leveraging the Army’s Contractor Manpower the contract or subcontract term selected, grammatic or analytic systems or pro- Reporting Application, modified as appro- and shall state any alternatives considered grammatic or analytic system improve- priate for Service-specific requirements, for in lieu of a waiver and the reasons each such ments. documenting the number of full-time con- alternative would not avoid harm to na- (INCLUDING TRANSFER OF FUNDS) tional security interests of the United tractor employees (or its equivalent) pursu- SEC. 8107. Of the funds appropriated in this ant to United States Code title 10, section States. The Secretary of Defense shall trans- Act for the Office of the Director of National mit to Congress, and simultaneously make 2330a(c) and meeting the requirements of Intelligence, $50,000,000, may be transferred United States Code title 10, section 2330a(e) public, any determination under this sub- to appropriations available to the Central In- section not less than 15 business days before and United States Code title 10, section 235. telligence Agency, the National Security (b) Of the amounts made available in this the contract or subcontract addressed in the Agency, and the National Geospatial Intel- Act under the heading ‘‘Operation and Main- determination may be awarded. ligence Agency, the Defense Intelligence (e) By March 1, 2011, or within 60 days after tenance, Air Force’’, not less than $2,000,000 Agency and the National Reconnaissance Of- enactment of this Act, whichever is later, shall be made available for leveraging the fice for the Business Transformation Trans- the Government Accountability Office shall Army’s Contractor Manpower Reporting Ap- fer Funds, to be merged with and to be avail- submit a report to the Congress evaluating plication, modified as appropriate for Serv- able for the same time period and the same the effect that the requirements of this sec- ice-specific requirements, for documenting purposes as the appropriation to which tion have had on national security, including the number of full-time contractor employ- transferred: Provided, That the transfer au- recommendations, if any, for changes to ees (or its equivalent) pursuant to United thority provided under this provision is in these requirements. States Code title 10 section 2330a(c) and addition to any other transfer authority con- SEC. 8105. (a) PROHIBITION ON CONVERSION meeting the requirements of United States tained in this Act. OF FUNCTIONS PERFORMED BY FEDERAL EM- Code title 10, section 2330a(e) and United PLOYEES TO CONTRACTOR PERFORMANCE.— (INCLUDING TRANSFER OF FUNDS) States Code title 10, section 235. None of the funds appropriated by this Act or SEC. 8108. In addition to funds made avail- (c) The Secretaries of the Army, Navy, Air otherwise available to the Department of De- able elsewhere in this Act, there is hereby Force, and the Directors of the Defense fense may be used to begin or announce the appropriated $538,875,000, to remain available Agencies and Field Activities (in coordina- competition to award to a contractor or con- until transferred: Provided, That these funds tion with the appropriate Principal Staff As- vert to performance by a contractor any are appropriated to the ‘‘Tanker Replace- sistant), in coordination with the Under Sec- functions performed by Federal employees ment Transfer Fund’’ (referred to as ‘‘the retary of Defense for Personnel and Readi- pursuant to a study conducted under Office Fund’’ elsewhere in this section): Provided ness, shall report to the congressional de- of Management and Budget (OMB) Circular further, That the Secretary of the Air Force fense committees within 60 days of enact- A–76. may transfer amounts in the Fund to ‘‘Oper- ment of this Act their plan for documenting (b) EXCEPTION.—The prohibition in sub- ation and Maintenance, Air Force’’, ‘‘Air- the number of full-time contractor employ- section (a) shall not apply to the award of a craft Procurement, Air Force’’, and ‘‘Re- ees (or its equivalent), as required by United function to a contractor or the conversion of search, Development, Test and Evaluation, States Code title 10, section 2330a. a function to performance by a contractor Air Force’’, only for the purposes of pro- (INCLUDING TRANSFER OF FUNDS) pursuant to a study conducted under Office ceeding with a tanker acquisition program: SEC. 8111. In addition to amounts provided of Management and Budget (OMB) Circular Provided further, That funds transferred shall elsewhere in this Act, there is appropriated

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H871 $250,000,000, for an additional amount for mentor advising the Department of Defense implementation of this Act as if it were a ‘‘Operation and Maintenance, Defense- unless such retired officer files a Standard Report of the Committee on Appropriations. Wide’’, to be available until expended: Pro- Form 278 (or successor form concerning pub- TITLE IX vided, That such funds shall only be available lic financial disclosure under part 2634 of OVERSEAS CONTINGENCY OPERATIONS to the Secretary of Defense, acting through title 5, Code of Federal Regulations) to the MILITARY PERSONNEL the Office of Economic Adjustment of the Office of Government Ethics. MILITARY PERSONNEL, ARMY Department of Defense, or for transfer to the SEC. 8118. Not later than 180 days after the Secretary of Education, notwithstanding any date of the enactment of this Act, the Sec- For an additional amount for ‘‘Military other provision of law, to make grants, con- retary of Defense, the Chief of the Air Force Personnel, Army’’, $11,468,033,000: Provided, clude cooperative agreements, or supplement Reserve, and the Director of the National That each amount in this paragraph is des- other Federal funds to construct, renovate, Guard Bureau, in collaboration with the Sec- ignated as being for contingency operations directly related to the global war on ter- repair, or expand elementary and secondary retary of Agriculture and the Secretary of rorism pursuant to section 3(c)(2) of H. Res. public schools on military installations in the Interior, shall submit to the Committees 5 (112th Congress) and as an emergency re- order to address capacity or facility condi- on Appropriations of the House and Senate, quirement pursuant to section 403(a) of S. tion deficiencies at such schools: Provided the House Committee on Agriculture, the Con. Res. 13 (111th Congress), the concurrent further, That in making such funds available, Senate Committee on Agriculture, Nutrition resolution on the budget for fiscal year 2010. the Office of Economic Adjustment or the and Forestry, the House Committee on Nat- Secretary of Education shall give priority ural Resources, and the Senate Committee MILITARY PERSONNEL, NAVY consideration to those military installations on Energy and Natural Resources a report of For an additional amount for ‘‘Military with schools having the most serious capac- firefighting aviation assets. The report re- Personnel, Navy’’, $1,308,719,000: Provided, ity or facility condition deficiencies as de- quired under this section shall include each That each amount in this paragraph is des- termined by the Secretary of Defense. of the following: ignated as being for contingency operations SEC. 8112. In addition to amounts provided (1) A description of the programming de- directly related to the global war on ter- elsewhere in this Act, there is appropriated tails necessary to obtain an appropriate mix rorism pursuant to section 3(c)(2) of H. Res. $300,000,000, for an additional amount for of fixed wing and rotor wing firefighting as- 5 (112th Congress) and as an emergency re- ‘‘Operation and Maintenance, Defense- sets needed to produce an effective aviation quirement pursuant to section 403(a) of S. Wide’’, to remain available until expended. resource base to support the wildland fire Con. Res. 13 (111th Congress), the concurrent Such funds may be available for the Office of management program into the future. Such resolution on the budget for fiscal year 2010. Economic Adjustment, notwithstanding any programming details shall include the acqui- MILITARY PERSONNEL, MARINE CORPS other provision of law, for transportation in- sition and contracting needs of the mix of For an additional amount for ‘‘Military frastructure improvements associated with aviation resources fleet, including the acqui- Personnel, Marine Corps’’, $732,920,000: Pro- medical facilities related to recommenda- sition of up to 24 C–130Js equipped with the vided, That each amount in this paragraph is tions of the Defense Base Closure and Re- Mobile Airborne Fire Fighting System II (in designated as being for contingency oper- alignment Commission. this section referred to as ‘‘MAFFS’’), to be ations directly related to the global war on SEC. 8113. Section 310(b) of the Supple- acquired over several fiscal years starting in terrorism pursuant to section 3(c)(2) of H. mental Appropriations Act, 2009 (Public Law fiscal year 2012. Res. 5 (112th Congress) and as an emergency 111–32; 123 Stat. 1871) is amended by striking (2) The costs associated with acquisition requirement pursuant to section 403(a) of S. ‘‘1 year’’ both places it appears and inserting and contracting of the aviation assets de- Con. Res. 13 (111th Congress), the concurrent ‘‘2 years’’. scribed in paragraph (1). resolution on the budget for fiscal year 2010. SEC. 8114. The Office of the Director of Na- (3) A description of the costs of the oper- MILITARY PERSONNEL, AIR FORCE tional Intelligence shall not employ more ation, maintenance, and sustainment of a Senior Executive employees than are speci- For an additional amount for ‘‘Military fixed and rotor wing aviation fleet, including fied in the classified annex: Provided, That Personnel, Air Force’’, $2,060,442,000: Pro- a C–130J/MAFFS II in an Air National Guard not later than 90 days after enactment of vided, That each amount in this paragraph is tactical airlift unit construct of 4, 6, or 8 C– this Act, the Director of National Intel- designated as being for contingency oper- 130Js per unit starting in fiscal year 2012, ligence shall certify that the Office of the ations directly related to the global war on projected out through fiscal year 2020. Such Director of National Intelligence selects in- terrorism pursuant to section 3(c)(2) of H. description shall include the projected costs dividuals for Senior Executive positions in a Res. 5 (112th Congress) and as an emergency associated with each of the following requirement pursuant to section 403(a) of S. manner consistent with statutes, regula- through fiscal year 2020: Con. Res. 13 (111th Congress), the concurrent tions, and the requirements of other Federal (A) Crew ratio based on 4, 6, or 8 C–130J Air resolution on the budget for fiscal year 2010. agencies in making such appointments and National Guard unit construct and require- will submit its policies and procedures re- RESERVE PERSONNEL, ARMY ment for full-time equivalent crews. lated to the appointment of personnel to For an additional amount for ‘‘Reserve (B) Associated maintenance and other sup- Senior Executive positions to the congres- Personnel, Army’’, $268,031,000: Provided, port personnel and requirement for full-time sional intelligence oversight committees. That each amount in this paragraph is des- equivalent positions. SEC. 8115. For all major defense acquisition ignated as being for contingency operations programs for which the Department of De- (C) Yearly flying hour model and the cost directly related to the global war on ter- fense plans to proceed to source selection for use of a fixed and rotor wing aviation rorism pursuant to section 3(c)(2) of H. Res. during the current fiscal year, the Secretary fleet, including C–130J in its MAFFS capac- 5 (112th Congress) and as an emergency re- of Defense shall perform an assessment of ity supporting the United States Forest quirement pursuant to section 403(a) of S. the winning bidder to determine whether or Service. Con. Res. 13 (111th Congress), the concurrent not the proposed costs are realistic and rea- (D) Yearly flying hour model and cost for resolution on the budget for fiscal year 2010. use of a C–130J in its capacity supporting Air sonable with respect to proposed develop- RESERVE PERSONNEL, NAVY National Guard tactical airlift training. ment and production costs. The Secretary of For an additional amount for ‘‘Reserve (E) Any other costs required to conduct Defense shall provide a report of these as- Personnel, Navy’’, $48,912,000: Provided, That both the airlift and firefighting missions, in- sessments, to specifically include whether each amount in this paragraph is designated cluding the Air National Guard unit con- any cost assessments determined that such as being for contingency operations directly struct for C–130Js. proposed costs were unreasonable or unreal- related to the global war on terrorism pursu- (4) Proposed program management, utiliza- istic, to the congressional defense commit- ant to section 3(c)(2) of H. Res. 5 (112th Con- tion, and cost share arrangements for the tees not later than 60 days after enactment gress) and as an emergency requirement pur- aircraft described in paragraph (1) for pri- of this Act and on a quarterly basis there- suant to section 403(a) of S. Con. Res. 13 mary support of the Forest Service and sec- after. (111th Congress), the concurrent resolution ondary support, on an as available basis, for SEC. 8116. (a) The Deputy Under Secretary on the budget for fiscal year 2010. the Department of Defense, together with of Defense for Installations and Environ- RESERVE PERSONNEL, MARINE CORPS ment, in collaboration with the Secretary of any proposed statutory language needed to For an additional amount for ‘‘Reserve Energy, shall conduct energy security pilot authorize and effectuate the same. Personnel, Marine Corps’’, $45,437,000: Pro- projects at facilities of the Department of (5) An integrated plan for the Forest Serv- vided, That each amount in this paragraph is Defense. ice and the Department of the Interior (b) In addition to the amounts provided wildland fire management programs to oper- designated as being for contingency oper- elsewhere in this Act, $20,000,000, is appro- ate the fire fighting air tanker assets re- ations directly related to the global war on priated to the Department of Defense for ferred to in this section. terrorism pursuant to section 3(c)(2) of H. ‘‘Operation and Maintenance, Defense-Wide’’ SEC. 8119. The explanatory statement re- Res. 5 (112th Congress) and as an emergency for energy security pilot projects under sub- garding this Act, printed in the House of requirement pursuant to section 403(a) of S. section (a). Representatives section of the Congressional Con. Res. 13 (111th Congress), the concurrent SEC. 8117. None of the funds appropriated Record on or about February 16, 2011, by the resolution on the budget for fiscal year 2010. or otherwise made available by this Act may Chairman of the Committee on Appropria- RESERVE PERSONNEL, AIR FORCE be obligated or expended to pay a retired tions of the House, shall have the same effect For an additional amount for ‘‘Reserve general or flag officer to serve as a senior with respect to the allocation of funds and Personnel, Air Force’’, $27,002,000: Provided,

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That each amount in this paragraph is des- emergency requirement pursuant to section OPERATION AND MAINTENANCE, AIR FORCE ignated as being for contingency operations 403(a) of S. Con. Res. 13 (111th Congress), the RESERVE directly related to the global war on ter- concurrent resolution on the budget for fis- For an additional amount for ‘‘Operation rorism pursuant to section 3(c)(2) of H. Res. cal year 2010: Provided further, That of the and Maintenance, Air Force Reserve’’, 5 (112th Congress) and as an emergency refunds provided under this heading: $203,807,000: Provided, That each amount in quirement pursuant to section 403(a) of S. (1) Not to exceed $12,500,000 for the Com- this paragraph is designated as being for con- Con. Res. 13 (111th Congress), the concurrent batant Commander Initiative Fund, to be tingency operations directly related to the resolution on the budget for fiscal year 2010. used in support of Operation New Dawn and global war on terrorism pursuant to section NATIONAL GUARD PERSONNEL, ARMY Operation Enduring Freedom; and 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency requirement pursuant to section For an additional amount for ‘‘National (2) Not to exceed $1,600,000,000, to remain 403(a) of S. Con. Res. 13 (111th Congress), the Guard Personnel, Army’’, $853,022,000: Pro- available until expended, for payments to re- concurrent resolution on the budget for fis- vided, That each amount in this paragraph is imburse key cooperating nations for cal year 2010. designated as being for contingency oper- logistical, military, and other support, in- ations directly related to the global war on cluding access provided to United States OPERATION AND MAINTENANCE, ARMY terrorism pursuant to section 3(c)(2) of H. military operations in support of Operation NATIONAL GUARD Res. 5 (112th Congress) and as an emergency New Dawn and Operation Enduring Freedom, For an additional amount for ‘‘Operation requirement pursuant to section 403(a) of S. notwithstanding any other provision of law: and Maintenance, Army National Guard’’, Con. Res. 13 (111th Congress), the concurrent Provided, That such reimbursement pay- $497,849,000: Provided, That each amount in resolution on the budget for fiscal year 2010. ments may be made in such amounts as the this paragraph is designated as being for con- Secretary of Defense, with the concurrence tingency operations directly related to the NATIONAL GUARD PERSONNEL, AIR FORCE of the Secretary of State, and in consulta- global war on terrorism pursuant to section For an additional amount for ‘‘National tion with the Director of the Office of Man- 3(c)(2) of H. Res. 5 (112th Congress) and as an Guard Personnel, Air Force’’, $16,860,000: Pro- agement and Budget, may determine, in his emergency requirement pursuant to section vided, That each amount in this paragraph is discretion, based on documentation deter- 403(a) of S. Con. Res. 13 (111th Congress), the designated as being for contingency oper- mined by the Secretary of Defense to ade- concurrent resolution on the budget for fis- ations directly related to the global war on quately account for the support provided, cal year 2010. terrorism pursuant to section 3(c)(2) of H. and such determination is final and conclu- OPERATION AND MAINTENANCE, AIR NATIONAL Res. 5 (112th Congress) and as an emergency sive upon the accounting officers of the GUARD requirement pursuant to section 403(a) of S. United States, and 15 days following notifi- For an additional amount for ‘‘Operation Con. Res. 13 (111th Congress), the concurrent cation to the appropriate congressional com- and Maintenance, Air National Guard’’, resolution on the budget for fiscal year 2010. mittees: Provided further, That the require- $417,983,000: Provided, That each amount in OPERATION AND MAINTENANCE ment to provide notification shall not apply this paragraph is designated as being for con- OPERATION AND MAINTENANCE, ARMY with respect to a reimbursement for access tingency operations directly related to the based on an international agreement: Pro- For an additional amount for ‘‘Operation global war on terrorism pursuant to section vided further, That these funds may be used and Maintenance, Army’’, $59,212,782,000: Pro- 3(c)(2) of H. Res. 5 (112th Congress) and as an for the purpose of providing specialized vided, That each amount in this paragraph is emergency requirement pursuant to section training and procuring supplies and special- designated as being for contingency oper- 403(a) of S. Con. Res. 13 (111th Congress), the ized equipment and providing such supplies concurrent resolution on the budget for fis- ations directly related to the global war on and loaning such equipment on a non-reim- cal year 2010. terrorism pursuant to section 3(c)(2) of H. bursable basis to coalition forces supporting Res. 5 (112th Congress) and as an emergency The Acting CHAIR. The Clerk will United States military operations in Iraq requirement pursuant to section 403(a) of S. read. and Afghanistan, and 15 days following noti- Con. Res. 13 (111th Congress), the concurrent The Clerk read as follows: fication to the appropriate congressional resolution on the budget for fiscal year 2010. AFGHANISTAN INFRASTRUCTURE FUND committees: Provided further, That the Sec- OPERATION AND MAINTENANCE, NAVY retary of Defense shall provide quarterly re- (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Operation ports to the congressional defense commit- There is hereby established in the Treas- and Maintenance, Navy’’, $8,970,724,000: Pro- tees on the use of funds provided in this ury of the United States the ‘‘Afghanistan vided, That each amount in this paragraph is paragraph. Infrastructure Fund’’. For the ‘‘Afghanistan designated as being for contingency oper- Infrastructure Fund’’, $400,000,000, to remain OPERATION AND MAINTENANCE, ARMY ations directly related to the global war on available until September 30, 2012: Provided, RESERVE terrorism pursuant to section 3(c)(2) of H. That such sums shall be available for infra- Res. 5 (112th Congress) and as an emergency For an additional amount for ‘‘Operation structure projects in Afghanistan, notwith- requirement pursuant to section 403(a) of S. and Maintenance, Army Reserve’’, standing any other provision of law, which Con. Res. 13 (111th Congress), the concurrent $206,784,000: Provided, That each amount in shall be undertaken by the Secretary of resolution on the budget for fiscal year 2010. this paragraph is designated as being for con- State, unless the Secretary of State and the tingency operations directly related to the Secretary of Defense jointly decide that a OPERATION AND MAINTENANCE, MARINE CORPS global war on terrorism pursuant to section specific project will be undertaken by the For an additional amount for ‘‘Operation 3(c)(2) of H. Res. 5 (112th Congress) and as an Department of Defense: Provided further, and Maintenance, Marine Corps’’, emergency requirement pursuant to section That the infrastructure referred to in the $4,008,022,000: Provided, That each amount in 403(a) of S. Con. Res. 13 (111th Congress), the preceding proviso is in support of the coun- this paragraph is designated as being for con- concurrent resolution on the budget for fis- terinsurgency strategy, requiring funding for tingency operations directly related to the cal year 2010. facility and infrastructure projects, includ- global war on terrorism pursuant to section ing, but not limited to, water, power, and 3(c)(2) of H. Res. 5 (112th Congress) and as an OPERATION AND MAINTENANCE, NAVY RESERVE transportation projects and related mainte- emergency requirement pursuant to section For an additional amount for ‘‘Operation nance and sustainment costs: Provided fur- 403(a) of S. Con. Res. 13 (111th Congress), the and Maintenance, Navy Reserve’’, $93,559,000: ther, That the authority to undertake such concurrent resolution on the budget for fis- Provided, That each amount in this para- infrastructure projects is in addition to any cal year 2010. graph is designated as being for contingency other authority to provide assistance to for- OPERATION AND MAINTENANCE, AIR FORCE operations directly related to the global war eign nations: Provided further, That any For an additional amount for ‘‘Operation on terrorism pursuant to section 3(c)(2) of H. projects funded by this appropriation shall and Maintenance, Air Force’’, $12,989,643,000: Res. 5 (112th Congress) and as an emergency be jointly formulated and concurred in by Provided, That each amount in this para- requirement pursuant to section 403(a) of S. the Secretary of State and Secretary of De- graph is designated as being for contingency Con. Res. 13 (111th Congress), the concurrent fense: Provided further, That funds may be operations directly related to the global war resolution on the budget for fiscal year 2010. transferred to the Department of State for purposes of undertaking projects, which on terrorism pursuant to section 3(c)(2) of H. OPERATION AND MAINTENANCE, MARINE CORPS funds shall be considered to be economic as- Res. 5 (112th Congress) and as an emergency RESERVE requirement pursuant to section 403(a) of S. sistance under the Foreign Assistance Act of For an additional amount for ‘‘Operation Con. Res. 13 (111th Congress), the concurrent 1961 for purposes of making available the ad- and Maintenance, Marine Corps Reserve’’, resolution on the budget for fiscal year 2010. ministrative authorities contained in that $29,685,000: Provided, That each amount in Act: Provided further, That the transfer au- OPERATION AND MAINTENANCE, DEFENSE-WIDE this paragraph is designated as being for con- thority in the preceding proviso is in addi- For an additional amount for ‘‘Operation tingency operations directly related to the tion to any other authority available to the and Maintenance, Defense-Wide’’, global war on terrorism pursuant to section Department of Defense to transfer funds: $9,276,990,000: Provided, That each amount in 3(c)(2) of H. Res. 5 (112th Congress) and as an Provided further, That any unexpended funds this section is designated as being for contin- emergency requirement pursuant to section transferred to the Secretary of State under gency operations directly related to the 403(a) of S. Con. Res. 13 (111th Congress), the this authority shall be returned to the Af- global war on terrorism pursuant to section concurrent resolution on the budget for fis- ghanistan Infrastructure Fund if the Sec- 3(c)(2) of H. Res. 5 (112th Congress) and as an cal year 2010. retary of State, in coordination with the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H873 Secretary of Defense, determines that the create another ‘‘bridge to nowhere.’’ I urge rejection of this amendment. project cannot be implemented for any rea- It’s going to be money that cannot Mr. THORNBERRY. Mr. Chairman, I son, or that the project no longer supports even be accounted for the majority of move to strike the requisite number of the counterinsurgency strategy in Afghani- stan: Provided further, That any funds re- the time, and I make mention of that words. turned to the Secretary of Defense under the for this reason. The recent Special In- The Acting CHAIR. The gentleman previous proviso shall be available for use spector General for Afghanistan Recon- from Texas is recognized for 5 minutes. under this appropriation and shall be treated struction report released on January Mr. THORNBERRY. Mr. Chairman, in the same manner as funds not transferred 30, 2011, cited significant fraud, waste the reason we have troops in Afghani- to the Secretary of State: Provided further, and abuse with Afghanistan recon- stan is to prevent Afghanistan from That contributions of funds for the purposes struction funds. again becoming a sanctuary from provided herein to the Secretary of State in which terrorists will launch attacks accordance with section 635(d) of the Foreign I do not know why in the world we Assistance Act from any person, foreign gov- cannot make the statement to the against us. For us to one day be able to ernment, or international organization may American people that we’re going to withdraw our troops from Afghanistan, be credited to this Fund, to remain available see that the $400 million going to a dis- the Afghan people have to be able to until expended, and used for such purposes: honest, dysfunctional government stand on their own two feet, and this Provided further, That the Secretary of De- overseas cannot be returned to help refund is designed to help them do that. fense shall, not fewer than 15 days prior to duce the debt and deficit of this coun- The people there have to be able to making transfers to or from, or obligations try or even returned to the cities and resist the Taliban, al Qaeda and other from the Fund, notify the appropriate com- groups that want to undermine their mittees of Congress in writing of the details counties throughout the country of of any such transfer: Provided further, That America. security and use Afghanistan once the ‘‘appropriate committees of Congress’’ With that, Mr. Chairman, I yield again as a terrorist base. This program, are the Committees on Armed Services, For- back the balance of my time. as has been mentioned, is a very high eign Relations and Appropriations of the Mr. FRELINGHUYSEN. Mr. Chair- priority of our own military com- Senate and the Committees on Armed Serv- man, I rise in opposition to the amend- mander in Afghanistan, General ices, Foreign Affairs and Appropriations of ment. Petraeus. Part of the reason it’s one of the House of Representatives: Provided fur- The Acting CHAIR. The gentleman his priorities is, as the gentleman from ther, That each amount in this paragraph is designated as being for contingency oper- from New Jersey is recognized for 5 New Jersey said, this helps keep our ations directly related to the global war on minutes. own troops safe. When we are able to terrorism pursuant to section 3(c)(2) of H. Mr. FRELINGHUYSEN. Eliminating work with the Afghan people and de- Res. 5 (112th Congress) and as an emergency the $400 million Afghanistan Infra- velop the country, our troops in the requirement pursuant to section 403(a) of S. structure Fund is ill-conceived and un- country have a less danger opposing Con. Res. 13 (111th Congress), the concurrent wise. This fund provides funding for them. It is less likely that they will resolution on the budget for fiscal year 2010. high-priority, large-scale infrastruc- suffer some of the problems from the AMENDMENT NO. 95 OFFERED BY MR. JONES ture programs in support of the civil- indigent population. Mr. JONES. Mr. Chairman, I offer an military campaign in Afghanistan. But the second reason General amendment. These projects are critical to con- Petraeus believes this is very impor- The Acting CHAIR. The Clerk will vincing the Afghan population to reject tant is that it’s an integral part of his designate the amendment. the insurgency and side with the Af- counterinsurgency campaign plan. So The text of the amendment is as fol- ghan Government. This in turn signifi- to withdraw this money at this point lows: cantly reduces the threat to our troops makes his job more difficult and in- Page 127, line 23, after the dollar amount, and quickens the security transition creases the danger to our troops. I insert ‘‘(reduced by $400,000,000)’’. Page 359, line 6, after the dollar amount, process, which we all seek. don’t think that makes sense at any insert ‘‘(increased by $400,000,000)’’. Not only is this funding a top pri- level. The Acting CHAIR. The gentleman ority of the Secretaries of State and The other point I would make is this: from North Carolina is recognized for 5 Defense, it is also a top priority of Gen- As the gentleman from Washington minutes. eral David Petraeus. This fund is so di- said, this was a request from the Sec- Mr. JONES. Mr. Chairman, this rectly related to the safety and secu- retary of State and Secretary of De- amendment removes the new $400 mil- rity of our troops that it needs to be fense for a fund that both agencies lion Afghan Infrastructure Fund and it preserved, and thus I urge a ‘‘no’’ vote would work on. One of these days this would be returned to the spending re- on the amendment. government is going to have to get to duction account. Mr. DICKS. Mr. Chairman, I move to interagency funds so that you don’t I bring this amendment to the floor strike the requisite number of words. have the State Department working on because of the frustration of the Amer- The Acting CHAIR. The gentleman one hand, the Defense Department on ican people. Here we are trying to find from Washington is recognized for 5 another, other agencies doing their $400 million to put in an infrastructure minutes. own thing. We have to have a combined fund for Afghanistan, which is going to Mr. DICKS. The amendment would effort, and this fund is at least a step be borrowed money from the Chinese to eliminate all funding in the bill for the in that direction. The interagency na- begin with. It’s not even Uncle Sam’s Afghan Infrastructure Fund—a total of ture of it helps to prevent waste, abuse money. And then in addition to that, $400 million. Establishing the fund at and misuse of these funds because you we’re propping up a corrupt, dishonest this level of funding was done at the re- do have the extra oversight on its use. government headed by President quest of the Secretary of Defense and But I think the key point is—this is a Karzai. At this time in America’s his- the Secretary of State in a joint letter question of our national security to tory when we are having these debates to the congressional defense commit- help the Afghans stand on their own tonight that I’ve heard all day long tees in November 2010. two feet, and I believe the amendment with the frustration of the Members of The funding was not added to the should be rejected. Congress from both parties that here bill. It was derived by reducing the I yield back the balance of my time. we cannot even balance the budget of amount available for the Commanders Mr. HUNTER. Mr. Chairman, I move this country and we’re trying to find Emergency Response Program. DOD re- to strike the requisite number of this money to go to the infrastructure quested that funding for this account words. of Afghanistan and we’re going to say be obtained in this manner. The De- The Acting CHAIR. The gentleman to the American people, we can’t help partments of Defense and State view from California is recognized for 5 min- you with your infrastructure needs in this fund as essential to completing utes. your counties, in your towns, in your large scale infrastructure projects in Mr. HUNTER. Thank you, Mr. Chair- cities, it makes absolutely no sense to Afghanistan, such as electrical power man. me, and more important than me is to generation. Such projects provide the First, I believe my friend from North the American people. means for economic activity which will Carolina does have the best intentions I would also like to mention that the help to reduce risk for U.S. troops and at heart. I believe he is doing this for Afghan Infrastructure Fund would help help improve security in Afghanistan. the right reason. He wants to get out of

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H874 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Afghanistan and he believes that Af- vote this up or down. That is fine with as a good will building exercise by military ghanistan is a very corrupt country me. forces engaged in a failing counterinsurgency with very corrupt leadership. The prob- The point is this is money we could strategy. lem is, is that things in this world be using right here in this country. If I Under the current system, distribution of aid aren’t perfect. I served for 6 months in thought Karzai was an honest broker, I is heavily biased in favor of areas where the the Marine Corps in Afghanistan in would probably not even offer the troop presence is strongest rather than distrib- 2007. I didn’t do anything of signifi- amendment. uted according to need. The needs of people cance, but when I was there I saw what Mr. HUNTER. Reclaiming my time, in more secure areas and vulnerable popu- really turned the people of Afghanistan this is an interagency fund, DOD, State lations, particularly Afghans displaced by the towards America, what made them Department, USAID, different Amer- conflict and other factors as well as returnees, turn around, what made them change ican agencies. They are going to be the are being overlooked. We need to rethink our their mind. It wasn’t us killing people ones distributing this money. I doubt country’s militarized approach to aid and shift who cause us to stay up at night and Karzai ever sees this money, as it our focus towards a long-term aid strategy worry about them. That’s what we’re would go straight to contractors, ei- based on meeting the real needs of Afghans. worried about. What the Afghans are ther Afghan or from here, from the As a first step in this process, I encourage worried about is, will they have elec- U.S., or other countries. my colleagues to support this amendment. tricity? Can they drive on the roads? I yield to the gentleman. Mr. HUNTER. I yield back the bal- Can they put fruit in their Mack truck Mr. JONES. My answer to that would ance of my time. and drive it 20 miles and sell it at the be that I would hope that this would The Acting CHAIR. The question is next town? Do their lights work? Is prove to be true. But the problem is we on the amendment offered by the gen- their trash getting picked up? Is their always know that when you have got a tleman from North Carolina (Mr. sewer getting cleaned out? General dysfunctional government, you have JONES). Petraeus understands this is counterin- got a dishonest man, it might be in- The question was taken; and the Act- surgency. That’s what counterinsur- tended to go this way, but too many ing Chair announced that the noes ap- gency means. times it does not. peared to have it. I would honestly say to you that I Mr. JONES. Mr. Chairman, I demand b 2050 offer this amendment on behalf of the a recorded vote. I want to get out of Afghanistan, too. American people, because they can’t The Acting CHAIR. Pursuant to It is an expensive war in blood and fix their streets, they can’t fix their clause 6 of rule XVIII, further pro- treasure, but it is a war that was not roads. And, by God, it is only $400 mil- ceedings on the amendment offered by started by us. It was started by two lion, but to a lot of people in my dis- the gentleman from North Carolina airplanes flying into two towers. And 9/ trict, that is a lot of money going to a will be postponed. 11 has cost us more than Afghanistan dishonest leader of a country in Af- The Clerk will read. ever will in what it has done to this ghanistan. The Clerk read as follows: Nation, making us second guess who Mr. HUNTER. Reclaiming my time, AFGHANISTAN SECURITY FORCES FUND our friends are, sending us to Afghani- Mr. Chairman, $400 million is a lot of For the ‘‘Afghanistan Security Forces stan. money, and Americans do need that Fund’’, $11,619,283,000, to remain available I would ask my friend from North money. But I would answer that with until September 30, 2012: Provided, That such Carolina this, and I am going to yield this: The men and women that have funds shall be available to the Secretary of the balance of my time to my friend given their lives over in Afghanistan, Defense, notwithstanding any other provi- from North Carolina: If we are not the sion of law, for the purpose of allowing the the men and women, as you well know, Commander, Combined Security Transition ones helping out the Afghan people, I representing Camp Lejeune and all of Command—Afghanistan, or the Secretary’s will tell you who it is going to be—the those marines, the men and women designee, to provide assistance, with the con- Taliban. The Taliban are the bankers that have given their time and their currence of the Secretary of State, to the se- of Afghanistan. They have drug money blood for this country I think deserve curity forces of Afghanistan, including the and they use it to loan to the locals in to be backed up by us by saying we are provision of equipment, supplies, services, Afghanistan. So if we don’t help them going to give the money to your boss, training, facility and infrastructure repair, out, if we don’t become their friends, if General Petraeus, so we can win the renovation, and construction, and funding: we don’t befriend the people, the coun- Provided further, That the authority to pro- war and leave victoriously, and I think vide assistance under this heading is in addi- terinsurgency doesn’t work. that is what I think this $400 million tion to any other authority to provide assist- I think that my friend, if he knew does. ance to foreign nations: Provided further, that we would leave quicker, we would With that, I oppose the gentleman’s That up to $15,000,000 of these funds may be leave Afghanistan in victory quicker amendment. available for coalition police trainer life sup- by keeping this money there, I think Mr. CONYERS. Mr. Chair, I rise in strong port costs: Provided further, That contribu- he would withdraw his amendment. support of the amendment offered by my tions of funds for the purposes provided here- Mr. Chairman, I yield to the gen- friend, Mr. JONES of North Carolina. This in from any person, foreign government, or tleman from North Carolina (Mr. amendment would cut $400 million in funding international organization may be credited to this Fund and used for such purposes: Pro- JONES). for the Afghanistan Infrastructure Fund. I sup- vided further, That the Secretary of Defense Mr. JONES. I thank the gentleman port this cut not because I am opposed to pro- shall notify the congressional defense com- for yielding. viding humanitarian aid to other countries. To mittees in writing upon the receipt and upon I would say if I thought Karzai was the contrary, I am very supportive of helping the obligation of any contribution, delin- an honest man that would appreciate improve living conditions and human rights in eating the sources and amounts of the funds the American taxpayers’ money, I countries around the world by investing in in- received and the specific use of such con- would feel differently, quite frankly. frastructure. However, I have strong concerns tributions: Provided further, That the Sec- But I realize it is a corrupt govern- about this important work being directed by retary of Defense shall, not fewer than 15 ment. I wish that what you say was so. days prior to obligating from this appropria- our armed forces because it raises the specter tion account, notify the congressional de- And I trust you. I have great respect of the ‘‘militarization’’ of our foreign aid, which fense committees in writing of the details of for you as well, but we are dealing with can often place troops, aid workers, and the any such obligation: Provided further, That a dishonest, dysfunctional government. civilian population at risk. the Secretary of Defense shall notify the When Karzai was quoted in The In a January 2010 report, eight international congressional defense committees of any Washington Post in December saying, agencies expressed their concern that the mili- proposed new projects or transfer of funds ‘‘I have three enemies, one being Amer- tarization of aid in Afghanistan is putting ordi- between budget sub-activity groups in excess ica, one being the Taliban, one being nary Afghans at risk when they build schools of $20,000,000: Provided further, That each the international community, and if I amount in this paragraph is designated as and clinics, which then become targets of in- being for contingency operations directly re- had to choose one of these as a friend, surgents. lated to the global war on terrorism pursu- I would choose the Taliban,’’ this is Additionally, many agencies say that these ant to section 3(c)(2) of H. Res. 5 (112th Con- why I wanted to speak tonight, to ‘‘quick impact’’ projects do not contribute to gress) and as an emergency requirement pur- bring this forward and let the Members sustainable development, but instead are used suant to section 403(a) of S. Con. Res. 13

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H875 (111th Congress), the concurrent resolution Government of Iraq has ample revenue b 2100 on the budget for fiscal year 2010. from oil sales to pay for Iraq security. The Acting CHAIR. The question is IRAQ SECURITY FORCES FUND In contrast, our country faces not only on the amendment offered by the gen- For the ‘‘Iraq Security Forces Fund’’, a budget deficit, but critical unmet do- tleman from New Jersey (Mr. HOLT). $1,500,000,000, to remain available until Sep- mestic needs, and this legislation be- The question was taken; and the Act- tember 30, 2012: Provided, That such funds fore us today makes many, many un- shall be available to the Secretary of De- ing Chair announced that the noes ap- wise cuts. fense, notwithstanding any other provision peared to have it. of law, for the purpose of allowing the Com- H.R. 1 calls for spending $1.5 billion in taxpayer money to pay for foreign Mr. HOLT. Mr. Chairman, I demand a mander, United States Forces-Iraq, or the recorded vote. Secretary’s designee, to provide assistance, police officers in Iraq while simulta- with the concurrence of the Secretary of neously cutting $300 million for the The Acting CHAIR. Pursuant to State, to the security forces of Iraq, includ- highly successful COPS program here clause 6 of rule XVIII, further pro- ing the provision of equipment, supplies, at home. The COPS program is vital. ceedings on the amendment offered by services, training, facility and infrastructure Our local police departments count on the gentleman from New Jersey will be repair, and renovation: Provided further, That it to help them hire additional officers postponed. the authority to provide assistance under The Clerk will read. this heading is in addition to any other au- to combat crime in our communities thority to provide assistance to foreign na- and to provide true community polic- The Clerk read as follows: tions: Provided further, That contributions of ing. The contrast couldn’t be more PROCUREMENT funds for the purposes provided herein from stark and absurd; have American tax- AIRCRAFT PROCUREMENT, ARMY any person, foreign government, or inter- payers foot the bill for police in Bagh- national organization may be credited to dad but not for police in America. For an additional amount for ‘‘Aircraft this Fund and used for such purposes: Pro- Procurement, Army’’, $2,720,138,000, to re- H.R. 1 showcases the misguided prior- main available until September 30, 2013: Pro- vided further, That the Secretary shall notify ities of the new majority. What are the congressional defense committees in vided, That each amount in this paragraph is they thinking? designated as being for contingency oper- writing upon the receipt and upon the obli- Mr. Chairman, I yield back the bal- gation of any contribution, delineating the ations directly related to the global war on sources and amounts of the funds received ance of my time. terrorism pursuant to section 3(c)(2) of H. and the specific use of such contributions: Mr. FRELINGHUYSEN. Mr. Chair- Res. 5 (112th Congress) and as an emergency Provided further, That the Secretary of De- man, I rise in opposition to my col- requirement pursuant to section 403(a) of S. fense shall, not fewer than 15 days prior to league from New Jersey’s amendment. Con. Res. 13 (111th Congress), the concurrent obligating from this appropriation account, The Acting CHAIR. The gentleman resolution on the budget for fiscal year 2010. notify the congressional defense committees from New Jersey is recognized for 5 MISSILE PROCUREMENT, ARMY in writing of the details of any such obliga- minutes. For an additional amount for ‘‘Missile Pro- tion: Provided further, That the Secretary of Mr. FRELINGHUYSEN. The Iraqi Se- curement, Army’’, $343,828,000, to remain Defense shall notify the congressional de- curity Forces Fund is required to en- available until September 30, 2013: Provided, fense committees of any proposed new able the Iraqi Security Forces to reach That each amount in this paragraph is des- projects or transfer of funds between budget minimum essential capabilities. These ignated as being for contingency operations sub-activity groups in excess of $20,000,000: capabilities will allow those forces to directly related to the global war on ter- Provided further, That each amount in this rorism pursuant to section 3(c)(2) of H. Res. paragraph is designated as being for contin- maintain internal security with police forces in the lead and defense forces in 5 (112th Congress) and as an emergency re- gency operations directly related to the quirement pursuant to section 403(a) of S. global war on terrorism pursuant to section support while building foundational ca- Con. Res. 13 (111th Congress), the concurrent 3(c)(2) of H. Res. 5 (112th Congress) and as an pabilities for the Iraqi military forces resolution on the budget for fiscal year 2010. emergency requirement pursuant to section to provide external defense prior to 403(a) of S. Con. Res. 13 (111th Congress), the PROCUREMENT OF WEAPONS AND TRACKED U.S. forces’ departure on 31 December COMBAT VEHICLES, ARMY concurrent resolution on the budget for fis- 2011. cal year 2010. This is our Nation’s commitment, For an additional amount for ‘‘Procure- ment of Weapons and Tracked Combat Vehi- AMENDMENT NO. 237 OFFERED BY MR. HOLT our President’s commitment, our Com- Mr. HOLT. Mr. Chairman, I offer an cles, Army’’, $896,996,000, to remain available mander-in-Chief’s commitment. It is a until September 30, 2013: Provided, That each amendment. bipartisan commitment. It is more The Acting CHAIR. The Clerk will amount in this paragraph is designated as than just this majority’s commitment designate the amendment. being for contingency operations directly re- to see the departure of our U.S. forces lated to the global war on terrorism pursu- The text of the amendment is as fol- ant to section 3(c)(2) of H. Res. 5 (112th Con- lows: in that time frame. This Iraqi Security Forces Fund gress) and as an emergency requirement pur- Page 131, line 24, after the dollar amount, suant to section 403(a) of S. Con. Res. 13 insert ‘‘(reduced by $1,500,000,000)’’. funds the following five categories: Equipment purchases and transpor- (111th Congress), the concurrent resolution The Acting CHAIR. The gentleman tation of equipment, weapons, ammu- on the budget for fiscal year 2010. from New Jersey is recognized for 5 nition, vehicles, communications gear PROCUREMENT OF AMMUNITION, ARMY minutes. For an additional amount for ‘‘Procure- Mr. HOLT. Mr. Chairman, I offer an and spare parts; Infrastructure projects such as con- ment of Ammunition, Army’’, $369,885,000, to amendment to eliminate the $1.5 bil- struction and improvements of police remain available until September 30, 2013: lion in funding for the Iraqi Security stations, military bases, training cen- Provided, That each amount in this para- Forces Fund. ters, maintenance facilities, and border graph is designated as being for contingency If we are going to be cutting Pell operations directly related to the global war enforcement facilities, among other in- Grants and energy research and heat- on terrorism pursuant to section 3(c)(2) of H. frastructure; ing assistance for families here in the Res. 5 (112th Congress) and as an emergency Training and operations projects and requirement pursuant to section 403(a) of S. United States, we certainly should programs such as training school and take a hard look at Pentagon spending Con. Res. 13 (111th Congress), the concurrent maintenance facilities, vehicles for resolution on the budget for fiscal year 2010. as well. Would taxpayers want their training centers, and training of secu- OTHER PROCUREMENT, ARMY dollars to go to pay for Iraqi police on rity forces; the streets of Baghdad when we are Sustainment of security forces For an additional amount for ‘‘Other Pro- curement, Army’’, $6,423,832,000, to remain cutting funding for police in Trenton, through maintenance programs, human New Jersey, and other cities and towns available until September 30, 2013: Provided, resources, information management That each amount in this paragraph is des- across our Nation? I want my col- systems, support service, and medical ignated as being for contingency operations leagues to understand what the authors services; directly related to the global war on ter- of H.R. 1 are proposing here today. It is Other activities such as detainee op- rorism pursuant to section 3(c)(2) of H. Res. about choices. erations, disarmament, demobilization, 5 (112th Congress) and as an emergency re- My colleagues, I am sure, could and reintegration. quirement pursuant to section 403(a) of S. present a good justification for funding These are essential to speed our de- Con. Res. 13 (111th Congress), the concurrent Iraq Security Forces. I certainly want parture from Afghanistan. So, Mr. resolution on the budget for fiscal year 2010. to see the people of Iraq living in peace Chairman, I urge my colleagues to vote AIRCRAFT PROCUREMENT, NAVY and freedom, free from harm, either do- ‘‘no’’ on Mr. HOLT’s amendment. For an additional amount for ‘‘Aircraft mestic or foreign harm. However, the I yield back the balance of my time. Procurement, Navy’’, $1,269,549,000, to remain

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H876 CONGRESSIONAL RECORD — HOUSE February 15, 2011 available until September 30, 2013: Provided, $292,959,000, to remain available until Sep- notify the congressional defense committees That each amount in this paragraph is des- tember 30, 2013: Provided, That each amount in writing of the details of any such transfer: ignated as being for contingency operations in this paragraph is designated as being for Provided further, That each amount in this directly related to the global war on ter- contingency operations directly related to paragraph is designated as being for contin- rorism pursuant to section 3(c)(2) of H. Res. the global war on terrorism pursuant to sec- gency operations directly related to the 5 (112th Congress) and as an emergency re- tion 3(c)(2) of H. Res. 5 (112th Congress) and global war on terrorism pursuant to section quirement pursuant to section 403(a) of S. as an emergency requirement pursuant to 3(c)(2) of H. Res. 5 (112th Congress) and as an Con. Res. 13 (111th Congress), the concurrent section 403(a) of S. Con. Res. 13 (111th Con- emergency requirement pursuant to section resolution on the budget for fiscal year 2010. gress), the concurrent resolution on the 403(a) of S. Con. Res. 13 (111th Congress), the WEAPONS PROCUREMENT, NAVY budget for fiscal year 2010. concurrent resolution on the budget for fiscal year 2010. For an additional amount for ‘‘Weapons OTHER PROCUREMENT, AIR FORCE Procurement, Navy’’, $90,502,000, to remain RESEARCH, DEVELOPMENT, TEST AND For an additional amount for ‘‘Other Pro- EVALUATION available until September 30, 2013: Provided, curement, Air Force’’, $2,868,593,000, to re- RESEARCH, DEVELOPMENT, TEST AND That each amount in this paragraph is des- main available until September 30, 2013: Pro- EVALUATION, ARMY ignated as being for contingency operations vided, That each amount in this paragraph is directly related to the global war on ter- designated as being for contingency oper- For an additional amount for ‘‘Research, rorism pursuant to section 3(c)(2) of H. Res. ations directly related to the global war on Development, Test and Evaluation, Army’’, 5 (112th Congress) and as an emergency re- terrorism pursuant to section 3(c)(2) of H. $143,234,000, to remain available until Sep- quirement pursuant to section 403(a) of S. Res. 5 (112th Congress) and as an emergency tember 30, 2012: Provided, That each amount Con. Res. 13 (111th Congress), the concurrent requirement pursuant to section 403(a) of S. in this paragraph is designated as being for resolution on the budget for fiscal year 2010. Con. Res. 13 (111th Congress), the concurrent contingency operations directly related to the global war on terrorism pursuant to sec- PROCUREMENT OF AMMUNITION, NAVY AND resolution on the budget for fiscal year 2010. MARINE CORPS tion 3(c)(2) of H. Res. 5 (112th Congress) and PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procure- as an emergency requirement pursuant to ment of Ammunition, Navy and Marine For an additional amount for ‘‘Procure- section 403(a) of S. Con. Res. 13 (111th Con- Corps’’, $558,024,000, to remain available until ment, Defense-Wide’’, $1,262,499,000, to re- gress), the concurrent resolution on the September 30, 2013: Provided, That each main available until September 30, 2013: Pro- budget for fiscal year 2010. amount in this paragraph is designated as vided, That each amount in this paragraph is RESEARCH, DEVELOPMENT, TEST AND being for contingency operations directly redesignated as being for contingency oper- EVALUATION, NAVY lated to the global war on terrorism pursu- ations directly related to the global war on For an additional amount for ‘‘Research, ant to section 3(c)(2) of H. Res. 5 (112th Con- terrorism pursuant to section 3(c)(2) of H. Development, Test and Evaluation, Navy’’, gress) and as an emergency requirement pur- Res. 5 (112th Congress) and as an emergency $104,781,000, to remain available until Sep- suant to section 403(a) of S. Con. Res. 13 requirement pursuant to section 403(a) of S. tember 30, 2012: Provided, That each amount (111th Congress), the concurrent resolution Con. Res. 13 (111th Congress), the concurrent in this paragraph is designated as being for on the budget for fiscal year 2010. resolution on the budget for fiscal year 2010. contingency operations directly related to OTHER PROCUREMENT, NAVY NATIONAL GUARD AND RESERVE EQUIPMENT the global war on terrorism pursuant to sec- For an additional amount for ‘‘Other Pro- For procurement of aircraft, missiles, tion 3(c)(2) of H. Res. 5 (112th Congress) and curement, Navy’’, $316,835,000, to remain tracked combat vehicles, ammunition, other as an emergency requirement pursuant to available until September 30, 2013: Provided, weapons and other procurement for the re- section 403(a) of S. Con. Res. 13 (111th Con- That each amount in this paragraph is des- serve components of the Armed Forces, gress), the concurrent resolution on the ignated as being for contingency operations $850,000,000, to remain available for obliga- budget for fiscal year 2010. directly related to the global war on ter- tion until September 30, 2013, of which RESEARCH, DEVELOPMENT, TEST AND rorism pursuant to section 3(c)(2) of H. Res. $250,000,000 shall be available only for the EVALUATION, AIR FORCE 5 (112th Congress) and as an emergency re- Army National Guard: Provided, That the For an additional amount for ‘‘Research, quirement pursuant to section 403(a) of S. Chiefs of National Guard and Reserve compo- Development, Test and Evaluation, Air Con. Res. 13 (111th Congress), the concurrent nents shall, not later than 30 days after the Force’’, $484,382,000, to remain available until resolution on the budget for fiscal year 2010. enactment of this Act, individually submit September 30, 2012: Provided, That each PROCUREMENT, MARINE CORPS to the congressional defense committees the amount in this paragraph is designated as For an additional amount for ‘‘Procure- modernization priority assessment for their being for contingency operations directly re- ment, Marine Corps’’, $1,589,119,000, to re- respective National Guard or Reserve compo- lated to the global war on terrorism pursu- main available until September 30, 2013: Pro- nent: Provided further, That each amount in ant to section 3(c)(2) of H. Res. 5 (112th Con- vided, That each amount in this paragraph is this paragraph is designated as being for congress) and as an emergency requirement pur- designated as being for contingency oper- tingency operations directly related to the suant to section 403(a) of S. Con. Res. 13 ations directly related to the global war on global war on terrorism pursuant to section (111th Congress), the concurrent resolution terrorism pursuant to section 3(c)(2) of H. 3(c)(2) of H. Res. 5 (112th Congress) and as an on the budget for fiscal year 2010. Res. 5 (112th Congress) and as an emergency emergency requirement pursuant to section RESEARCH, DEVELOPMENT, TEST AND requirement pursuant to section 403(a) of S. 403(a) of S. Con. Res. 13 (111th Congress), the EVALUATION, DEFENSE-WIDE Con. Res. 13 (111th Congress), the concurrent concurrent resolution on the budget for fis- For an additional amount for ‘‘Research, resolution on the budget for fiscal year 2010. cal year 2010. Development, Test and Evaluation, Defense- AIRCRAFT PROCUREMENT, AIR FORCE MINE RESISTANT AMBUSH PROTECTED VEHICLE Wide’’, $222,616,000, to remain available until For an additional amount for ‘‘Aircraft FUND September 30, 2012: Provided, That each amount in this paragraph is designated as Procurement, Air Force’’, $1,991,955,000, to (INCLUDING TRANSFER OF FUNDS) remain available until September 30, 2013: being for contingency operations directly re- For the Mine Resistant Ambush Protected lated to the global war on terrorism pursu- Provided, That each amount in this para- Vehicle Fund, $3,415,000,000, to remain avail- graph is designated as being for contingency ant to section 3(c)(2) of H. Res. 5 (112th Con- able until September 30, 2012: Provided, That gress) and as an emergency requirement pur- operations directly related to the global war such funds shall be available to the Sec- on terrorism pursuant to section 3(c)(2) of H. suant to section 403(a) of S. Con. Res. 13 retary of Defense, notwithstanding any other Res. 5 (112th Congress) and as an emergency (111th Congress), the concurrent resolution provision of law, to procure, sustain, trans- requirement pursuant to section 403(a) of S. on the budget for fiscal year 2010. port, and field Mine Resistant Ambush Pro- Con. Res. 13 (111th Congress), the concurrent REVOLVING AND MANAGEMENT FUNDS tected vehicles: Provided further, That the resolution on the budget for fiscal year 2010. DEFENSE WORKING CAPITAL FUNDS Secretary shall transfer such funds only to MISSILE PROCUREMENT, AIR FORCE appropriations made available in this or any For an additional amount for ‘‘Defense For an additional amount for ‘‘Missile Pro- other Act for operation and maintenance; Working Capital Funds’’, $485,384,000: Pro- curement, Air Force’’, $56,621,000, to remain procurement; research, development, test vided, That each amount in this paragraph is available until September 30, 2013: Provided, and evaluation; and defense working capital designated as being for contingency oper- That each amount in this paragraph is des- funds to accomplish the purpose provided ations directly related to the global war on ignated as being for contingency operations herein: Provided further, That such trans- terrorism pursuant to section 3(c)(2) of H. directly related to the global war on ter- ferred funds shall be merged with and be Res. 5 (112th Congress) and as an emergency rorism pursuant to section 3(c)(2) of H. Res. available for the same purposes and the same requirement pursuant to section 403(a) of S. 5 (112th Congress) and as an emergency re- time period as the appropriation to which Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. quirement pursuant to section 403(a) of S. transferred: Provided further, That this trans- Con. Res. 13 (111th Congress), the concurrent fer authority is in addition to any other OTHER DEPARTMENT OF DEFENSE resolution on the budget for fiscal year 2010. transfer authority available to the Depart- PROGRAMS PROCUREMENT OF AMMUNITION, AIR FORCE ment of Defense: Provided further, That the DEFENSE HEALTH PROGRAM For an additional amount for ‘‘Procure- Secretary shall, not fewer than 10 days prior For an additional amount for ‘‘Defense ment of Ammunition, Air Force’’, to making transfers from this appropriation, Health Program’’, $1,422,092,000, of which

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H877 $1,398,092,000 shall be for operation and main- essary in the national interest, the Sec- (3) A plan for the sustainment of the pro- tenance, to remain available until Sep- retary may, with the approval of the Office posed project, including the agreement with tember 30, 2011, and of which $24,000,000 shall of Management and Budget, transfer up to either the host nation, a non-Department of be for research, development, test and eval- $4,000,000,000 between the appropriations or Defense agency of the United States Govern- uation, to remain available until September funds made available to the Department of ment or a third party contributor to finance 30, 2012: Provided, That each amount in this Defense in this title: Provided, That the Sec- the sustainment of the activities and main- paragraph is designated as being for contin- retary shall notify the Congress promptly of tenance of any equipment or facilities to be gency operations directly related to the each transfer made pursuant to the author- provided through the proposed project. global war on terrorism pursuant to section ity in this section: Provided further, That the SEC. 9006. Funds available to the Depart- 3(c)(2) of H. Res. 5 (112th Congress) and as an authority provided in this section is in addi- ment of Defense for operation and mainte- emergency requirement pursuant to section tion to any other transfer authority avail- nance may be used, notwithstanding any 403(a) of S. Con. Res. 13 (111th Congress), the able to the Department of Defense and is other provision of law, to provide supplies, concurrent resolution on the budget for fis- subject to the same terms and conditions as services, transportation, including airlift cal year 2010. the authority provided in the Department of and sealift, and other logistical support to DRUG INTERDICTION AND COUNTER-DRUG Defense Appropriations Act, 2011. coalition forces supporting military and sta- SEC. 9003. Supervision and administration ACTIVITIES, DEFENSE bility operations in Iraq and Afghanistan: costs associated with a construction project Provided, That the Secretary of Defense shall For an additional amount for ‘‘Drug Inter- funded with appropriations available for op- diction and Counter-Drug Activities, De- provide quarterly reports to the congres- eration and maintenance or the ‘‘Afghani- sional defense committees regarding support fense’’, $440,510,000, to remain available until stan Security Forces Fund’’ provided in this September 30, 2012: Provided, That each provided under this section. Act and executed in direct support of over- SEC. 9007. None of the funds appropriated amount in this paragraph is designated as seas contingency operations in Afghanistan, being for contingency operations directly re- or otherwise made available by this or any may be obligated at the time a construction other Act shall be obligated or expended by lated to the global war on terrorism pursu- contract is awarded: Provided, That for the ant to section 3(c)(2) of H. Res. 5 (112th Con- the United States Government for a purpose purpose of this section, supervision and ad- as follows: gress) and as an emergency requirement pur- ministration costs include all in-house Gov- suant to section 403(a) of S. Con. Res. 13 (1) To establish any military installation ernment costs. or base for the purpose of providing for the (111th Congress), the concurrent resolution SEC. 9004. From funds made available in permanent stationing of United States on the budget for fiscal year 2010. this title, the Secretary of Defense may pur- Armed Forces in Iraq. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT chase for use by military and civilian em- (2) To exercise United States control over FUND ployees of the Department of Defense in Iraq any oil resource of Iraq. and Afghanistan: (a) passenger motor vehi- (INCLUDING TRANSFER OF FUNDS) (3) To establish any military installation For the ‘‘Joint Improvised Explosive De- cles up to a limit of $75,000 per vehicle and (b) heavy and light armored vehicles for the or base for the purpose of providing for the vice Defeat Fund’’, $2,793,768,000, to remain permanent stationing of United States available until September 30, 2013: Provided, physical security of personnel or for force protection purposes up to a limit of $250,000 Armed Forces in Afghanistan. That such funds shall be available to the EC. 9008. None of the funds made available per vehicle, notwithstanding price or other S Secretary of Defense, notwithstanding any limitations applicable to the purchase of in this Act may be used in contravention of other provision of law, for the purpose of al- passenger carrying vehicles. the following laws enacted or regulations lowing the Director of the Joint Improvised SEC. 9005. Not to exceed $500,000,000 of the promulgated to implement the United Na- Explosive Device Defeat Organization to in- amount appropriated in this title under the tions Convention Against Torture and Other vestigate, develop and provide equipment, heading ‘‘Operation and Maintenance, Cruel, Inhuman or Degrading Treatment or supplies, services, training, facilities, per- Army’’ may be used, notwithstanding any Punishment (done at New York on December sonnel and funds to assist United States other provision of law, to fund the Com- 10, 1984): forces in the defeat of improvised explosive mander’s Emergency Response Program (1) Section 2340A of title 18, United States devices: Provided further, That the Secretary (CERP), for the purpose of enabling military Code. of Defense may transfer funds provided here- commanders in Iraq and Afghanistan to re- (2) Section 2242 of the Foreign Affairs Re- in to appropriations for military personnel; spond to urgent, small scale, humanitarian form and Restructuring Act of 1998 (division operation and maintenance; procurement; relief and reconstruction requirements with- G of Public Law 105–277; 112 Stat. 2681–822; 8 research, development, test and evaluation; in their areas of responsibility: Provided, U.S.C. 1231 note) and regulations prescribed and defense working capital funds to accom- That projects (including any ancillary or re- thereto, including regulations under part 208 plish the purpose provided herein: Provided lated elements in connection with such of title 8, Code of Federal Regulations, and further, That this transfer authority is in ad- project) executed under this authority shall part 95 of title 22, Code of Federal Regula- dition to any other transfer authority avail- not exceed $20,000,000: Provided further, That tions. able to the Department of Defense: Provided not later than 45 days after the end of each (3) Sections 1002 and 1003 of the Depart- further, That the Secretary of Defense shall, fiscal year quarter, the Secretary of Defense ment of Defense, Emergency Supplemental not fewer than 15 days prior to making shall submit to the congressional defense Appropriations to Address Hurricanes in the transfers from this appropriation, notify the committees a report regarding the source of Gulf of Mexico, and Pandemic Influenza Act, congressional defense committees in writing funds and the allocation and use of funds 2006 (Public Law 109–148). of the details of any such transfer: Provided during that quarter that were made avail- SEC. 9009. (a) The Secretary of Defense further, That each amount in this paragraph able pursuant to the authority provided in shall submit to the congressional defense is designated as being for contingency oper- this section or under any other provision of committees not later than 45 days after the ations directly related to the global war on law for the purposes described herein: Pro- end of each fiscal quarter a report on the terrorism pursuant to section 3(c)(2) of H. vided further, That, not later than 30 days proposed use of all funds appropriated by Res. 5 (112th Congress) and as an emergency after the end of each month, the Army shall this or any prior Act under each of the head- requirement pursuant to section 403(a) of S. submit to the congressional defense commit- ings Iraq Security Forces Fund, Afghanistan Con. Res. 13 (111th Congress), the concurrent tees monthly commitment, obligation, and Security Forces Fund, Afghanistan Infra- resolution on the budget for fiscal year 2010. expenditure data for the Commander’s Emer- structure Fund, and Pakistan Counterinsur- OFFICE OF THE INSPECTOR GENERAL gency Response Program in Iraq and Afghan- gency Fund on a project-by-project basis, for For an additional amount for the ‘‘Office of istan: Provided further, That not less than 15 which the obligation of funds is anticipated the Inspector General’’, $10,529,000: Provided, days before making funds available pursuant during the 3-month period from such date, That each amount in this paragraph is des- to the authority provided in this section or including estimates for the accounts referred ignated as being for contingency operations under any other provision of law for the pur- to in this section of the costs required to directly related to the global war on ter- poses described herein for a project with a complete each such project. rorism pursuant to section 3(c)(2) of H. Res. total anticipated cost for completion of (b) The report required by this subsection 5 (112th Congress) and as an emergency re- $5,000,000 or more, the Secretary shall submit shall include the following: quirement pursuant to section 403(a) of S. to the congressional defense committees a (1) The use of all funds on a project-by- Con. Res. 13 (111th Congress), the concurrent written notice containing each of the fol- project basis for which funds appropriated resolution on the budget for fiscal year 2010. lowing: under the headings referred to in subsection (1) The location, nature and purpose of the (a) were obligated prior to the submission of GENERAL PROVISIONS—THIS TITLE proposed project, including how the project the report, including estimates for the ac- SEC. 9001. Notwithstanding any other pro- is intended to advance the military cam- counts referred to in subsection (a) of the vision of law, funds made available in this paign plan for the country in which it is to costs to complete each project. title are in addition to amounts appropriated be carried out. (2) The use of all funds on a project-by- or otherwise made available for the Depart- (2) The budget, implementation timeline project basis for which funds were appro- ment of Defense for fiscal year 2011. with milestones, and completion date for the priated under the headings referred to in (INCLUDING TRANSFER OF FUNDS) proposed project, including any other CERP subsection (a) in prior appropriations Acts, SEC. 9002. Upon the determination of the funding that has been or is anticipated to be or for which funds were made available by Secretary of Defense that such action is nec- contributed to the completion of the project. transfer, reprogramming, or allocation from

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H878 CONGRESSIONAL RECORD — HOUSE February 15, 2011 other headings in prior appropriations Acts, employees) who are employed at the time of Centers provide a big bang for the including estimates for the accounts referred the report in the area of operations of the buck. They tend to the health care to in subsection (a) of the costs to complete United States Central Command, including a needs of more than 17 million unin- each project. list of the number of such employees in each sured or underinsured men, women, (3) An estimated total cost to train and of Iraq, Afghanistan, and all other areas of equip the Iraq, Afghanistan, and Pakistan operations of the United States Central Com- and children in America each year. security forces, disaggregated by major pro- mand; and The cut in the Republican bill before gram and sub-elements by force, arrayed by (2) for each fiscal year quarter beginning us is so deep that it will result in the fiscal year. on the date of the report and ending on Sep- elimination of services to more than SEC. 9010. Funds made available in this tember 30, 2012— half of the current capacity of Commu- title to the Department of Defense for oper- (A) the number of such employees nity Health Centers today to serve our ation and maintenance may be used to pur- planned by the Secretary to be employed neighbors. An estimated 127 new health chase items having an investment unit cost during each such period in each of Iraq, Af- centers in underserved areas will close of not more than $250,000: Provided, That, ghanistan, and all other areas of operations upon determination by the Secretary of De- of the United States Central Command; and across the United States. In some com- fense that such action is necessary to meet (B) an explanation of how the number of munities, patients with diabetes, heart the operational requirements of a Com- such employees listed under subparagraph disease, HIV and AIDS, pregnant mander of a Combatant Command engaged (A) relates to the planned number of mili- women, and sick children will have no- in contingency operations overseas, such tary personnel in such locations. where to turn except perhaps emer- funds may be used to purchase items having This division may be cited as the ‘‘De- gency rooms ill-suited to their needs. an investment item unit cost of not more partment of Defense Appropriations Act, Thousands of health care workers in than $500,000. 2011’’. rural and urban underserved commu- (INCLUDING TRANSFER OF FUNDS) AMENDMENT NO. 45 OFFERED BY MS. BALDWIN nities will lose their jobs. I’ve already SEC. 9011. Of the funds appropriated by this Ms. BALDWIN. Mr. Chairman, I have heard from the Director of Community Act for the Office of the Director of National an amendment at the desk. Health Centers in both Beloit and Intelligence, $3,375,000 is available, as speci- The Acting CHAIR. The Clerk will Janesville, Wisconsin. He let me know fied in the classified annex, for transfer to designate the amendment. other departments and agencies of the Fed- about the serious impact this slash of eral Government. The text of the amendment is as fol- funding will have on thousands in just SEC. 9012. (a) The Task Force for Business lows: one Wisconsin county. and Stability Operations in Afghanistan At the end of division A, insert the fol- Mr. Chairman, my amendment re- may, subject to the direction and control of lowing: stores Community Health Center fund- the Secretary of Defense and with the con- SEC. ll. Each amount made available by ing, but I pay for it with a commensu- this division (other than an amount required currence of the Secretary of State, carry out rate cut in wasteful defense spending. I projects in fiscal year 2011 to assist the com- to be made available by a provision of law) is hereby reduced by a pro rata amount so that said at the outset we need to be smart mander of the United States Central Com- if we are to cut spending without command in developing a link between United the total reduction resulting from the appli- States military operations in Afghanistan cation of this section is $1,000,000,000. promising our jobs, our economic re- under Operation Enduring Freedom and the Page 287, line 12, after the dollar amount, covery, and our future. economic elements of United States national insert ‘‘(increased by $1,000,000,000)’’. I agree with our President when he power in order to reduce violence, enhance Mr. FRELINGHUYSEN. Mr. Chair- said, if we are to ‘‘win the future,’’ we stability, and restore economic normalcy in man, I reserve a point of order on the must out-educate, out-innovate, and Afghanistan through strategic business and gentlewoman’s amendment. out-build the rest of the world. But we economic opportunities. The Acting CHAIR. A point of order can’t do that by cutting Pell Grants for (b) The projects carried out under para- is reserved. students and slashing the research graph (a) may include projects that facili- The gentlewoman from Wisconsin is tate private investment, industrial develop- budgets of the National Institutes of ment, banking and financial system develop- recognized for 5 minutes. Health, the National Science Founda- ment, agricultural diversification and revi- Ms. BALDWIN. Mr. Chairman, I rise tion, and the Department of Energy. talization, and energy development in and today in support of my amendment and This unwise bill jeopardizes our Na- with respect to Afghanistan. in opposition to H.R. 1, the Republican tion’s recovery and future. And it’s (c) The Secretary may use up to $150,000,000 bill to slash services to the American particularly troublesome to me this of the funds available for overseas contin- people—a measure that I believe week because it falls on top of efforts gency operations in ‘‘Operation and Mainte- threatens jobs and our fragile economic by Wisconsin’s Governor to cut health, nance, Army’’ for additional activities to recovery. carry out projects under paragraph (a). education, and public safety services I agree with my Republican col- and to diminish the rights of the public Mr. FRELINGHUYSEN (during the leagues that we must reduce the deficit servants who provide them. reading). Mr. Chairman, I ask unani- and bring our budget into balance, but Mr. Chairman, I stand here today in mous consent that the remainder of we must be smart about it. This bill solidarity with my fellow Wisconsin- the bill through page 154, line 14 be harms the people who tend to our ites as I fight for a better future for all considered as read, printed in the health, those who educate our children, Wisconsinites and all Americans. I urge RECORD, and open to amendment at and those who patrol our neighbor- an ‘‘aye’’ vote on my amendment and a any point. hoods and protect our safety. This bill ‘‘no’’ vote on H.R. 1. The Acting CHAIR. Is there objection frustrates our economic recovery by Mr. DICKS. Will the gentlewoman to the request of the gentleman from making job training and career train- yield? New Jersey? ing unattainable for many Americans. Ms. BALDWIN. I yield to the gen- There was no objection. Meanwhile, it does little to restrain ex- tleman from Washington. The Acting CHAIR. The Clerk will cessive military spending or eliminate Mr. DICKS. I just want to say that I read. government handouts to Big Oil or share your enthusiasm for Community The Clerk read as follows: eliminate tax breaks for multimillion- Health Centers. I’ve seen them all SEC. 9013. (a) Not more than 85 percent of aires. across my district. They are wonderful. the funds provided in this title for Operation and Maintenance may be available for obli- Today, we spend millions of dollars We’re going to have to keep fighting gation or expenditure until the date on each day in Afghanistan and Iraq, for them. which the Secretary of Defense submits the spending that is protected in the bill Ms. BALDWIN. I thank the gen- report under subsection (b). that is before us. At the same time, tleman. (b) Not later than 120 days after the date this Republican bill to slash services I yield back the balance of my time. of the enactment of this Act, the Secretary cuts Community Health Centers to the POINT OF ORDER of Defense shall submit to the congressional core. For those of you who are unfa- The Acting CHAIR. The gentleman defense committees a report on contractor miliar with the work of Community employees in the United States Central Com- from New Jersey will state his point of mand, including— Health Centers, they provide essential order. (1) the number of employees of a con- health services to children and families Mr. FRELINGHUYSEN. Mr. Chair- tractor awarded a contract by the Depart- who lack insurance and have extremely man, the amendment is proposed to ment of Defense (including subcontractor limited incomes. Community Health amend portions of the bill not yet read.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H879 The amendment may not be considered cies, corporations, and other organizational tions Act, appropriations and funds made en bloc under clause 2(f) of rule XXI be- units of Government for fiscal year 2011, and available and authority granted pursuant to cause the amendment proposes to for other purposes, namely: this division shall be available through Sep- TITLE I—GENERAL PROVISIONS tember 30, 2011. transfer between subcommittees. SEC. 1107. Expenditures made pursuant to I ask for a ruling from the Chair. SEC. 1101. (a) Such amounts as may be nec- the Continuing Appropriations Act, 2011 The Acting CHAIR. Does any Member essary, at the level specified in subsection (c) (Public Law 111–242), shall be charged to the wish to be heard on the point of order? and under the authority and conditions pro- applicable appropriation, fund, or authoriza- Ms. BALDWIN. Mr. Chairman, I do vided in applicable appropriations Acts for tion provided by this division. fiscal year 2010, for projects or activities (in- SEC. 1108. Funds appropriated by this divi- rise to be heard on the point of order. cluding the costs of direct loans and loan Mr. Chairman, here are the rules of sion may be obligated and expended notwith- guarantees) that are not otherwise specifi- standing section 10 of Public Law 91–672 (22 the House for the 112th Congress. Ac- cally provided for, and for which appropria- U.S.C. 2412), section 15 of the State Depart- companying it, we also have something tions, funds, or other authority were made ment Basic Authorities Act of 1956 (22 U.S.C. called H. Res. 92. Oftentimes when we available in the following appropriations 2680), section 313 of the Foreign Relations get to the floor, we talk in inside-the- Acts: Authorization Act, Fiscal Years 1994 and 1995 Beltway language that’s really hard, I (1) The Agriculture, Rural Development, (22 U.S.C. 6212), and section 504(a)(1) of the think, for the American public to fol- Food and Drug Administration, and Related National Security Act of 1947 (50 U.S.C. Agencies Appropriations Act, 2010 (Public low. But I just want to make clear that 414(a)(1)). Law 111–80). SEC. 1109. (a) For entitlements and other H. Res. 92 is a document drafted by the (2) The Energy and Water Development and mandatory payments whose budget author- Republicans to govern debate on this Related Agencies Appropriations Act, 2010 ity was provided in appropriations Acts for bill, and this bill only. But our House (Public Law 111–85). fiscal year 2010, and for activities under the rules specifically allow an amendment (3) The Department of Homeland Security Food and Nutrition Act of 2008, the levels es- such as the one that I have presented Appropriations Act, 2010 (Public Law 111–83). tablished by section 1101 shall be the to this body and was just debating a (4) The Department of the Interior, Envi- amounts necessary to maintain program lev- moment ago on the House floor. And I ronment, and Related Agencies Appropria- els under current law and under the author- tions Act, 2010 (division A of Public Law 111– think it’s a wise rule because it really ity and conditions provided in the applicable 88). appropriations Acts for fiscal year 2010. helps us pay as we go. (5) The Legislative Branch Appropriations (b) In addition to the amounts otherwise The Acting CHAIR. The gentle- Act, 2010 (division A of Public Law 111–68). provided by section 1101, the following woman’s remarks must be confined to (6) The Consolidated Appropriations Act, amounts shall be available for the following the point of order. 2010 (Public Law 111–117). accounts for advance payments for the first Ms. BALDWIN. The underlying House (7) Section 102(c) (except the last proviso quarter of fiscal year 2012: rules specifically permit an amend- relating to waiver of fees) of chapter 1 of (1) ‘‘Department of Labor, Employment ment such as the one I’ve offered and title I of the Supplemental Appropriations Standards Administration, Special Benefits Act, 2010 (Public Law 111–212) that addresses for Disabled Coal Miners’’, for benefit pay- earlier debated in front of this body be- guaranteed loans in the rural housing insur- ments under title IV of the Federal Mine cause it allows us to cut spending in ance fund. Safety and Health Act of 1977, $41,000,000, to one area in order to restore services or (8) The appropriation under the heading remain available until expended. programs of greater priority in an- ‘‘Department of Commerce—United States (2) ‘‘Department of Health and Human other. In other words, it aids us in our Patent and Trademark Office’’ in the United Services, Centers for Medicare and Medicaid job to pay as we go. States Patent and Trademark Office Supple- Services, Grants to States for Medicaid’’, for The Acting CHAIR. The gentle- mental Appropriations Act, 2010 (Public Law payments to States or in the case of section woman’s remarks must be confined to 111–224). 1928 on behalf of States under title XIX of (b) For purposes of this division, the term the Social Security Act, $86,445,289,000, to re- the point of order. ‘‘level’’ means an amount. main available until expended. Ms. BALDWIN. Under the rules of (c) The level referred to in subsection (a) (3) ‘‘Department of Health and Human this House, my amendment would be shall be the amounts appropriated in the ap- Services, Administration for Children and fine. In the House Resolution 92, to propriations Acts referred to in such sub- Families, Payments to States for Child Sup- which the gentleman referred, which section, including transfers and obligation port Enforcement and Family Support Pro- governs simply the debate that we’re limitations, except that— grams’’, for payments to States or other non- engaged in this evening, it waives the (1) such level shall not include any amount Federal entities under titles I, IV–D, X, XI, rule of the House. It waives the rule of previously designated as an emergency re- XIV, and XVI of the Social Security Act and quirement and necessary to meet emergency the Act of July 5, 1960 (24 U.S.C. ch. 9), the House, the people’s House. So I just needs pursuant to sections 403(a) and 423(b) $1,200,000,000, to remain available until ex- want to make it clear—I think I know of S. Con. Res. 13 (111th Congress), the con- pended. how the Chairman will end up ruling— current resolution on the budget for fiscal (4) ‘‘Department of Health and Human but that this is the Republicans’ will year 2010; and Services, Administration for Children and that I cannot advance this amendment (2) such level shall be calculated without Families, Payments to States for Foster and not because of the underlying rules regard to any rescission or cancellation of Care and Permanency’’, for payments to of this House. funds or contract authority. States or other non-Federal entities under The Acting CHAIR. Does any other SEC. 1102. Appropriations made by section title IV–E of the Social Security Act, 1101 shall be available to the extent and in $1,850,000,000. Member wish to be heard? the manner that would be provided by the (5) ‘‘Social Security Administration, Sup- To be considered en bloc pursuant to pertinent appropriations Act. plemental Security Income Program’’, for clause 2(f) of rule XXI, an amendment SEC. 1103. Appropriations provided by this benefit payments under title XVI of the So- must propose only to transfer appro- division that, in the applicable appropria- cial Security Act, $13,400,000,000, to remain priations among objects in the bill. Be- tions Act for fiscal year 2010, carried a mul- available until expended. cause the amendment offered by the tiple-year or no-year period of availability SEC. 1110. Amounts incorporated by ref- gentlewoman from Wisconsin proposes shall retain a comparable period of avail- erence in this division that were previously ability. also another kind of change in the bill; designated as available for overseas deploy- SEC. 1104. Except as otherwise expressly ments and other activities pursuant to S. namely, to reach back in the reading, provided in this division, the requirements, Con. Res. 13 (111th Congress), the concurrent it may not avail itself of clause 2(f) to authorities, conditions, limitations, and resolution on the budget for fiscal year 2010, address portions of the bill not yet other provisions of the appropriations Acts are designated as being for contingency oper- read. referred to in section 1101(a) shall continue ations directly related to the global war on The point of order is sustained. in effect through the date specified in sec- terrorism pursuant to section 3(c)(2) of H. The Clerk will read. tion 1106. Res. 5 (112th Congress) and as an emergency The Clerk read as follows: SEC. 1105. No appropriation or funds made requirement pursuant to section 403(a) of S. available or authority granted pursuant to Con. Res. 13 (111th Congress). DIVISION B—FULL-YEAR CONTINUING section 1101 shall be used to initiate or re- SEC. 1111. Any language specifying an ear- APPROPRIATIONS FOR FISCAL YEAR 2011 sume any project or activity for which ap- mark in an appropriations Act for fiscal year The following sums are hereby appro- propriations, funds, or other authority were 2010, or in a committee report or joint ex- priated, out of any money in the Treasury specifically prohibited during fiscal year planatory statement accompanying such an not otherwise appropriated, and out of appli- 2010. Act, shall have no legal effect with respect cable corporate or other revenues, receipts, SEC. 1106. Unless otherwise provided for in to funds appropriated by this division. For and funds, for the several departments, agen- this division or in the applicable appropria- purposes of this section, the term ‘‘earmark’’

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means a congressional earmark or congres- any time after September 11, 2001, who was SEC. 1118. (a) Section 1115(d) of Public Law sionally directed spending item, as defined in transferred to the foreign country or entity 111–32 shall be applied by substituting the clause 9(e) of rule XXI of the Rules of the and subsequently engaged in any terrorist date specified in section 1106 of this division House of Representatives and paragraph 5(a) activity. for ‘‘October 1, 2010’’. of rule XLIV of the Standing Rules of the (2) The Secretary of Defense may waive the (b) Section 824(g) of the Foreign Service Senate. prohibition in paragraph (1) if the Secretary Act of 1980 (22 U.S.C. 4064(g)) shall be applied SEC. 1112. Notwithstanding section 1101, determines that such a transfer is in the na- by substituting the date specified in section none of the funds appropriated or otherwise tional security interests of the United States 1106 of this division for ‘‘October 1, 2010’’ in made available in this division or any other and includes, as part of the certification de- paragraph (2). Act (including division A of this Act) may be scribed in subsection (b) relating to such (c) Section 61(a) of the State Department used to transfer, release, or assist in the transfer, the determination of the Secretary Basic Authorities Act of 1956 (22 U.S.C. transfer or release to or within the United under this paragraph. 2733(a)) shall be applied by substituting the States, its territories, or possessions Khalid (3) Paragraph (1) shall not apply to any ac- date specified in section 1106 of this division Sheikh Mohammed or any other detainee tion taken by the Secretary to transfer any for ‘‘October 1, 2010’’ in paragraph (2). who— individual detained at Guantanamo to effec- (d) Section 625(j)(1) of the Foreign Assist- (1) is not a United States citizen or a mem- tuate an order affecting the disposition of ance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be ber of the Armed Forces of the United the individual that is issued by a court or applied by substituting the date specified in States; and competent tribunal of the United States hav- section 1106 of this division for ‘‘October 1, (2) is or was held on or after June 24, 2009, ing lawful jurisdiction. The Secretary shall 2010’’ in subparagraph (B). at the United States Naval Station, Guanta- notify Congress promptly upon issuance of SEC. 1119. The authority provided by sec- namo Bay, Cuba, by the Department of De- any such order. tion 1334 of the Foreign Affairs Reform and fense. (d) For the purposes of this section: Restructuring Act of 1998 (22 U.S.C. 6553) SEC. 1113. (a)(1) Notwithstanding section (1) The term ‘‘individual detained at Guan- shall remain in effect through the date speci- 1101, except as provided in paragraph (2), tanamo’’ means any individual who is lo- fied in section 1106 of this division. none of the funds appropriated or otherwise cated at United States Naval Station, Guan- SEC. 1120. The provisions of title II of the made available in this division or any other tanamo Bay, Cuba, as of October 1, 2009, McKinney-Vento Homeless Assistance Act Act (including division A of this Act) may be who— (42 U.S.C. 11311 et seq.) shall continue in ef- used to transfer any individual detained at (A) is not a citizen of the United States or fect, notwithstanding section 209 of such Guantanamo to the custody or effective con- a member of the Armed Forces of the United Act, through the earlier of: (1) the date spec- trol of the individual’s country of origin, any States; and ified in section 1106 of this division; or (2) the other foreign country, or any other foreign (B) is— date of the enactment into law of an author- entity unless the Secretary of Defense sub- (i) in the custody or under the effective ization Act relating to the McKinney-Vento mits to Congress the certification described control of the Department of Defense; or Homeless Assistance Act. in subsection (b) by not later than 30 days (ii) otherwise under detention at United TITLE II—AGRICULTURE, RURAL DEVEL- before the transfer of the individual. States Naval Station, Guantanamo Bay, (2) Paragraph (1) shall not apply to any ac- OPMENT, FOOD AND DRUG ADMINIS- Cuba. TRATION, AND RELATED AGENCIES tion taken by the Secretary of Defense to (2) The term ‘‘foreign terrorist organiza- transfer any individual detained at Guanta- tion’’ means any organization so designated SEC. 1201. Notwithstanding section 1101, namo to effectuate an order affecting the by the Secretary of State under section 219 the level for ‘‘Agricultural Programs, Office disposition of the individual that is issued by of the Immigration and Nationality Act (8 of the Secretary’’ shall be $5,061,000. a court or competent tribunal of the United U.S.C. 1189). SEC. 1202. Notwithstanding section 1101, States having lawful jurisdiction. The Sec- SEC. 1114. (a) Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Office retary of Defense shall notify Congress none of the funds appropriated or otherwise of Tribal Relations’’ shall be $0. promptly upon issuance of any such order. made available by this division or any other SEC. 1203. Notwithstanding section 1101, (b) The certification described in this sub- Act (including division A of this Act) may be the level for ‘‘Agricultural Programs, Execu- section is a written certification made by used to construct or modify any facility in tive Operations, Office of Chief Economist’’ the Secretary of Defense, with the concur- the United States, its territories, or posses- shall be $10,032,000. rence of the Secretary of State, that the gov- sions to house any individual described in SEC. 1204. Notwithstanding section 1101, ernment of the foreign country or the recog- subsection (c) for the purposes of detention the level for ‘‘Agricultural Programs, Execu- nized leadership of the foreign entity to or imprisonment in the custody or under the tive Operations, National Appeals Division’’ which the individual detained at Guanta- effective control of the Department of De- shall be $14,711,000. namo is to be transferred— fense. SEC. 1205. Notwithstanding section 1101, (1) is not a designated state sponsor of ter- (b) The prohibition in subsection (a) shall the level for ‘‘Agricultural Programs, Execu- rorism or a designated foreign terrorist orga- not apply to any modification of facilities at tive Operations, Office of Budget and Pro- nization; United States Naval Station, Guantanamo gram Analysis’’ shall be $9,054,000. (2) maintains effective control over each Bay, Cuba. SEC. 1206. Notwithstanding section 1101, detention facility in which an individual is (c) An individual described in this sub- the level for ‘‘Agricultural Programs, Office to be detained if the individual is to be section is any individual who, as of June 24, of Advocacy and Outreach’’ shall be $0. housed in a detention facility; 2009, is located at United States Naval Sta- SEC. 1207. Notwithstanding section 1101, (3) is not, as of the date of the certifi- tion, Guantanamo Bay, Cuba, and who— the level for ‘‘Agricultural Programs, Office cation, facing a threat that is likely to sub- (1) is not a citizen of the United States or of the Chief Information Officer’’ shall be stantially affect its ability to exercise con- a member of the Armed Forces of the United $17,000,000. trol over the individual; States; and SEC. 1208. Notwithstanding section 1101, (4) has agreed to take effective steps to en- (2) is— the level for ‘‘Agricultural Programs, Office sure that the individual cannot take action (A) in the custody or under the effective of the Chief Financial Officer’’ shall be to threaten the United States, its citizens, or control of the Department of Defense; or $5,954,000. its allies in the future; (B) otherwise under detention at United SEC. 1209. Notwithstanding section 1101, (5) has taken such steps as the Secretary States Naval Station, Guantanamo Bay, the level for ‘‘Agricultural Programs, Office determines are necessary to ensure that the Cuba. of Civil Rights’’ shall be $21,551,000. individual cannot engage or re-engage in any SEC. 1115. None of the funds appropriated SEC. 1210. Notwithstanding section 1101, terrorist activity; and or otherwise made available by this division the level for ‘‘Agricultural Programs, Agri- (6) has agreed to share any information or any other Act (including division A of this culture Buildings and Facilities and Rental with the United States that— Act) may be obligated by any covered execu- Payments’’ shall be $259,751,000, of which (A) is related to the individual or any asso- tive agency in contravention of the certifi- $178,470,000 shall be available for payments to ciates of the individual; and cation requirement of section 6(b) of the Iran the General Services Administration for rent (B) could affect the security of the United Sanctions Act of 1996, as included in the revi- and of which $37,781,000 shall be for buildings States, its citizens, or its allies. sions to the Federal Acquisition Regulation operations and maintenance expenses. (c)(1) Except as provided in paragraph (3), pursuant to such section. SEC. 1211. Notwithstanding section 1101, none of the funds appropriated or otherwise SEC. 1116. Section 550(b) of Public Law 109– the level for ‘‘Agricultural Programs, Haz- made available in this division or any other 295, as amended by section 550 of Public Law ardous Materials Management’’ shall be $0. Act (including division A of this Act) may be 111–83, shall be applied by substituting the SEC. 1212. Notwithstanding section 1101, used to transfer any individual detained at date specified in section 1106 of this division the level for ‘‘Agricultural Programs, De- Guantanamo to the custody or effective con- for ‘‘October 4, 2010’’. partmental Administration’’ shall be trol of the individual’s country of origin, any SEC. 1117. Section 1(b)(2) of the Passport $30,706,000. other foreign country, or any other foreign Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall SEC. 1213. Notwithstanding section 1101, entity if there is a confirmed case of any in- be applied by substituting the date specified the level for ‘‘Agricultural Programs, Office dividual who was detained at United States in section 1106 of this division for ‘‘Sep- of the Assistant Secretary for Congressional Naval Station, Guantanamo Bay, Cuba, at tember 30, 2010’’. Relations’’ shall be $3,877,000.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H881 SEC. 1214. Notwithstanding section 1101, ‘‘$732,000’’; and by substituting ‘‘$0’’ for search and subsidies and other things the level for ‘‘Agricultural Programs, Office ‘‘$1,312,000’’. that go on in the Department of Agri- of Communications’’ shall be $9,514,000. AMENDMENT NO. 97 OFFERED BY MR. DEFAZIO culture. SEC. 1215. Notwithstanding section 1101, Mr. DEFAZIO. Mr. Chairman, I have The amount of money we’re asking the level for ‘‘Agricultural Programs, Office for here at $5 million is a tiny fraction of the Inspector General’’ shall be $80,000,000. an amendment at the desk. SEC. 1216. Notwithstanding section 1101, The Acting CHAIR. The Clerk will of 1 percent of the amount of money the level for ‘‘Agricultural Programs, Office designate the amendment. that we’re spending on subsidies for of the General Counsel’’ shall be $39,620,000. The text of the amendment is as fol- five crops in eight States to pay people SEC. 1217. Notwithstanding section 1101, lows: not to grow things. Now, I think to ac- the level for ‘‘Agricultural Programs, Eco- Page 172, line 25, after the dollar amount, tually help people to grow things, to nomic Research Service’’ shall be $79,500,000. insert ‘‘(increased by $5,000,000)’’. grow healthy produce, to supply the SEC. 1218. Notwithstanding section 1101, Page 173, line 8, after the first dollar American people, to be able to live on the level for ‘‘Agricultural Programs, Na- amount, insert ‘‘(increased by $5,000,000)’’. their farms, support their families and tional Agricultural Statistics Service’’ shall Page 173, line 14, after the dollar amount, be $151,565,000: Provided, That the amounts pass on the farms to the next genera- insert ‘‘(reduced by $5,000,000)’’. included under such heading in Public Law tion, that this would be a very, very 111–80 shall be applied to funds appropriated The Acting CHAIR. The gentleman wise investment, and I wish that this by this division by substituting ‘‘$33,494,000’’ from Oregon is recognized for 5 min- had not been chosen for a cut. I’m for ‘‘$37,908,000’’. utes. hopeful that my colleagues will see the Mr. DEFAZIO. At this point, Mr. wisdom in restoring this cut and then 2120 b Chair, I would like to bring to the at- looking in the next farm bill or in the Mr. KINGSTON. Mr. Chairman, I ask tention of the Congress that we’re next appropriation to an equitable divi- unanimous consent that the remainder about to eliminate a program which is sion of these funds. of the bill through page 172, line 21 be incredibly cost effective, which truly Mr. KINGSTON. Mr. Chairman, I considered as read, printed in the supports a growing proportion of prof- move to strike the last word. RECORD, and open to amendment at itable small family farms in America, The Acting CHAIR. The gentleman any point. which is to help with research and from Georgia is recognized for 5 min- The Acting CHAIR. Is there objection transition to organic production. utes. to the request of the gentleman from In the most recent statistics, the or- Mr. KINGSTON. Mr. Chairman, I rise Georgia? ganic sector of the agriculture produc- to oppose the amendment, although I There was no objection. tion in this country was nearly $27 bil- know the two authors of this amend- The text of that portion of the bill is lion. That’s up from $4 billion in 1997. ment are very sincere about it, and I as follows: There are over 14,500 family farms en- think that they are underscoring some- SEC. 1219. Notwithstanding section 1101, gaged in organic agriculture, and they thing that we want to encourage people the level for ‘‘Agricultural Programs, Agri- have been experiencing dramatic in- to be organic farmers. cultural Research Service, Salaries and Ex- creases. Now you might say, well, why But if you consider that organic penses’’ shall be $1,065,406,000. would we want to continue to research farming is a $25 to $27 billion indus- SEC. 1220. Notwithstanding section 1101, try—in fact, my friend Mr. DEFAZIO and help them. Well, we’re spending a the level for ‘‘Agricultural Programs, Agri- just used the number $27 billion—it is a tremendous amount of money in re- cultural Research Service, Buildings and Fa- successful ongoing and growing indus- search and subsidies on other crops cilities’’ shall be $0. try already, and I do not believe that SEC. 1221. Notwithstanding section 1101, which are obviously totally developed we need to continue the transition sub- the level for ‘‘Agricultural Programs, Na- and do not need assistance. sidy program to get more farmers in it. tional Institute of Food and Agriculture, Re- In this case, we’re talking about American farmers know where the search and Education Activities’’ shall be many people who own struggling fam- profit is. They follow the commodity. $647,993,000: Provided, That the amounts in- ily farms who want to convert. They’re cluded under such heading in Public Law 111– The commodity follows the profit. interested in moving to organics be- 80 shall be applied to funds appropriated by They get into an area where it is going cause they know there is potential for this division as follows: by substituting to be most profitable already. ‘‘$221,763,000’’ for ‘‘$215,000,000’’; by sub- higher profitability with those prod- But I’m also concerned that the Ani- stituting ‘‘$34,816,000’’ for ‘‘$29,000,000’’; by ucts with dramatically increasing de- mal and Plant Health Inspection Serv- substituting ‘‘$51,000,000’’ for ‘‘$48,500,000’’; by mand. In fact, the USDA says that the ice has already been cut $38 million, substituting ‘‘$227,801,000’’ for ‘‘$216,482,000’’; average for small—these are truly by substituting ‘‘$0’’ for ‘‘$89,029,000’’; by sub- and this is a service that enforces ani- small farms, not what some people con- mal welfare, pest, and diseases. It is stituting ‘‘$20,500,000’’ for ‘‘$18,250,000’’; and sider small farms—organic farms was by substituting ‘‘$11,253,000’’ for ‘‘$45,122,000’’. very important to all farmers. It is cut SEC. 1222. Notwithstanding section 1101, $46,000 last year and for all farms, at this point 4.3 percent, and I hate to the level for ‘‘Agricultural Programs, Na- small farms, was $26,000. see an additional $5 million taken out tional Institute of Food and Agriculture, Ex- So there are many people who are en- of it. tension Activities’’ shall be $453,265,000: Pro- gaged in truly small farming activities So while I have sympathy for what vided, That the amounts included under such who want to stay on the land, don’t the gentlemen are trying to do—and I heading in Public Law 111–80 shall be applied want to parcel it up, don’t want to sell know that they are great advocates for to funds appropriated by this division as fol- to the developers. They want to con- organic farmers—I oppose the amend- lows: by substituting ‘‘$267,673,000’’ for tinue to live there, raise their kids ‘‘$297,500,000’’ and by substituting ment at this time. ‘‘$8,565,000’’ for ‘‘$20,396,000’’. there, but they’re having trouble mak- Mr. HOLT. Mr. Chairman, I move to ing ends meet. And this is an oppor- The CHAIR. The Clerk will read. strike the requisite number of words. tunity for many folks, an opportunity The Acting CHAIR. The gentleman The Clerk read as follows: both for consumers who are demanding from New Jersey is recognized for 5 SEC. 1223. Notwithstanding section 1101, organically produced produce and for minutes. the level for ‘‘Agricultural Programs, Na- producers, and I think it would be very Mr. HOLT. Our colleagues may recall tional Institute of Food and Agriculture, In- tegrated Activities’’ shall be $24,874,000: Pro- shortsighted to zero out this program that Mr. DEFAZIO and I and others of- vided, That the amounts included under such at this point in time. fered essentially this amendment in heading in Public Law 111–80 shall be applied So I’m asking that we take a very fiscal year 2007 and it passed, dem- to funds appropriated by this division as fol- small percentage of the APHIS budget, onstrating the strong bipartisan sup- lows: by substituting ‘‘$15,044,000’’ for well less than 1 percent, and at least on port in this House for an increase in ‘‘$45,148,000’’; by substituting ‘‘$10,948,000’’ for a temporary measure restore the cuts funding in this program. The $5 million ‘‘$12,649,000’’; by substituting ‘‘$0’’ for to the transitional and organic re- funding level, however, although it was ‘‘$14,596,000’’; by substituting ‘‘$0’’ for search portion of the budget in the preserved until now, has been com- ‘‘$4,388,000’’; by substituting ‘‘$0’’ for ‘‘$1,365,000’’; by substituting ‘‘$0’’ for hope that we can reach agreement on a pletely eliminated by this continuing ‘‘$3,054,000’’; by substituting ‘‘$0’’ for sustainable way to fund this program resolution. In other words, both sides ‘‘$5,000,000’’; by substituting ‘‘$0’’ for in the future and look at more equi- of this aisle have felt that this is ‘‘$3,000,000’’; by substituting ‘‘$0’’ for table distribution of funds, both for re- worthwhile spending.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H882 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Despite the worst economic down- concerns me is that you totally wiped AMENDMENT NO. 93 OFFERED BY MR. CONNOLLY turn we’ve experienced since the De- out the program, zeroed it out. OF VIRGINIA pression, the market for organic con- It is organic transition grants. One, Mr. CONNOLLY of Virginia. Mr. sumer products grew more than 5 per- they are competitive because they are Chair, I have an amendment at the cent in the past year, well several grants. Two, it’s about people desk. times the growth of conventional food transitioning from traditional agri- The Acting CHAIR. The Clerk will sales, and growth in organic nonfood culture, which is agriculture that uses designate the amendment. items was even more pronounced, in- pesticides, herbicides, and so on, into creasing more than 9 percent as com- organic, where you have to lay your The text of the amendment is as fol- pared to 1 percent in conventional land fallow, which means that you lows: nonfood items. can’t, for 3 years, use any of those fu- Page 174, line 17, after the dollar amount, Now, my friend who just spoke in op- migants on your land. That is what insert ‘‘(reduced by $200,000,000)’’. position to the legislation, Mr. KING- this money goes to, to help you transi- Page 347, strike lines 8 through 10. STON, said, well, it’s a booming indus- tion. try, why do we need to do this? Well, It is not major agriculture that needs Mr. KINGSTON. Mr. Chairman, I re- transition from nonorganic farming to these transition grants. It’s the really serve a point of order on the gentle- organic farming is a big step, espe- small farmer who finds, as was stated man’s amendment. cially for a small farm, and although previously, an organic niche that they The Acting CHAIR. A point of order there are more than 13,000 certified or- want to sell to, and they need some as- is reserved. ganic producers in the United States, sistance both in research and how do The gentleman from Virginia is rec- that’s not enough. We still need to help you get certified. Because in order to ognized for 5 minutes. farmers make the transition to organic be organic, you have to go out there farming, and this program does more and have people test everything and be Mr. CONNOLLY of Virginia. Mr. than help them make transition. It certified as organic before you are al- Chairman, I offer this amendment on helps build an understanding of best lowed to use the ‘‘organic’’ label on behalf of myself, Mr. HOYER, Mr. practice. your marketing. MORAN, Ms. EDWARDS, and Mr. VAN The organic transition program is a So it’s a small amount of money, but HOLLEN. highly competitive grants program. to zero it out I think is just going too In his final term in Congress, my Re- It’s been extremely important to the far. I support the amendment. publican predecessor Tom Davis helped organic farming community. It funds I yield back the balance of my time. broker an agreement to boost Metro research to assist the farmers in over- The Acting CHAIR. The question is funding by the Federal, State, and coming the barriers to make the tran- on the amendment offered by the gen- local governments. Under this agree- sition and, as I say, to understand or- tleman from Oregon (Mr. DEFAZIO). ment, the Federal Government would ganic farming. Through grants awarded The question was taken; and the Act- invest $150 million annually, to be under this program, for example, ing Chair announced that the ayes ap- matched by Virginia, Maryland, and projects were funded at Ohio State to peared to have it. the District of Columbia. This invest- study the impact of organic animal Mr. KINGSTON. Mr. Chairman, I de- ment is essential for our region, as it production on water quality or grafting mand a recorded vote. has provided WMATA with funding to to improve organic vegetable produc- The Acting CHAIR. Pursuant to begin fixing the safety problems identi- tion. The small farmers don’t have the clause 6 of rule XVIII, further pro- fied by the National Transportation opportunity to do this research as they ceedings on the amendment offered by Safety Board, which will cost over $1 are facing the big step of whether to the gentleman from Oregon will be billion, cumulatively. It also is essen- make the transition to organic farm- postponed. tial for the Federal Government to ing. The Clerk will read. function efficiently, even as the Fed- b 2130 The Clerk read as follows: eral Government fails to pay its fair At the University of Minnesota, this SEC. 1224. Notwithstanding section 1101, share compared to local and State competitive grants program facilitated the level for ‘‘Agricultural Programs, Ani- funding for Metro. Finally, unlike any mal and Plant Health Inspection Service, organic poultry production and helped Salaries and Expenses’’ shall be $829,953,000: other transit system in America, our achieve soybean aphid suppression Provided, That the amounts included under Metro system serves 12 million tourists using a fall-seeded rye cover crop. In such heading in Public Law 111–80 shall be annually who come to visit their Na- other words, the organic industry real- applied to funds appropriated by this divi- tion’s Capital. ly benefits from this. sion by substituting ‘‘$45,219,000’’ for The Federal Government relies on a ‘‘$60,243,000’’. We should be talking about job cre- functional Metro system. Mr. Chair- ation. The bill before us today, as it ap- SEC. 1225. Notwithstanding section 1101, the level for ‘‘Agricultural Programs, Agri- man, over half of all Metro stations pears, will cost hundreds of thousands serve Federal offices, and 40 percent of of jobs—cost hundreds of thousands of cultural Marketing Service, Marketing Serv- ices’’ shall be $81,711,000. the entire Federal workforce uses jobs. It will end hundreds of thousands SEC. 1226. Notwithstanding section 1101, Metro to get to work every day. As of jobs. We should focus our resources the level for ‘‘Agricultural Programs, Agri- Congress, itself, noted when passing on industries that are growing and pro- cultural Marketing Service, Limitation on the National Capital Region Transpor- viding jobs. This quite small restora- Administrative Expenses’’ shall be $60,947,000 tation Act in 1960, ‘‘An improved trans- tion of funds, $5 million, would do a (from fees collected). SEC. 1227. The amounts included under the portation system of the National Cap- great deal for the quality of life of ital Region is essential to the contin- farmers but also for jobs in America. heading ‘‘Agricultural Programs, Agricul- I urge my colleagues to support this tural Marketing Service, Funds for ued and effective performance of the Strengthening Markets, Income, and Supply amendment to restore $5 million to the functions of the Government of the (Section 32)’’ in Public Law 111–80 shall be United States.’’ organic transitions program. applied to funds appropriated by this divi- I yield back the balance of my time. sion by substituting ‘‘$0’’ for ‘‘$10,000,000’’. From September 11 to the blizzards Mr. FARR. I move to strike the last SEC. 1228. Notwithstanding section 1101, of last year, we have learned through word. the level for ‘‘Agricultural Programs, Grain hard experience that Metro is essential The Acting CHAIR. The gentleman Inspection, Packers and Stockyards Admin- to move people both through severe from California is recognized for 5 ministration, Salaries and Expenses’’ shall be weather and emergencies in our region. utes. $40,342,000. Mr. FARR. Mr. Chair, I was going to SEC. 1229. Notwithstanding section 1101, President Obama included the $150 speak on this, but let me tell you why the level for ‘‘Agricultural Programs, Grain million that my Republican prede- I changed my mind. First of all, I rep- Inspection, Packers and Stockyards Admin- cessor’s authorization bill called for in resent the largest number of organic istration, Limitation on Inspection and his budget, but the Republican leader- Weighing Services Expenses’’, $45,041,000. growers in the United States and the ship removed it in this continuing reso- SEC. 1230. Notwithstanding section 1101, lution. headquarters of Earthbound Farm, the level for ‘‘Agricultural Programs, Food which is the largest shipper of organic Safety and Inspection Service’’ shall be Perhaps my newer colleagues have produce in the United States. And what $930,120,000. not yet had a chance to visit northern

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H883 Virginia, where the Metrorail exten- POINT OF ORDER The Clerk will resume reading the sion to Dulles Airport is spurring bil- Mr. KINGSTON. Mr. Chairman, I bill. lions of dollars in private investment have a point of order. The Clerk read as follows: while providing thousands of jobs for The Acting CHAIR. The gentleman will state the point of order. SEC. 1231. Notwithstanding section 1101, the construction workers building the the level for ‘‘Agricultural Programs, Farm rail line. If my colleagues had visited Mr. KINGSTON. Mr. Chairman, the amendment proposes to amend por- Service Agency, Salaries and Expenses’’ this project, they might hesitate to shall be $1,063,558,000. eliminate investments like this, which tions of the bill not yet read. The amendment may not be considered en SEC. 1232. Notwithstanding section 1101, will be repaid many times over by sub- the level for ‘‘Agricultural Programs, Farm sequent private investment. bloc under clause 2(f) of rule XXI be- Service Agency, Grassroots Source Water In recognition of the importance of cause the amendment proposes a trans- Protection Program’’ shall be $4,630,000. fer of funds between the subcommit- this Metro funding, I introduced an SEC. 1233. The amounts included under the amendment on behalf of my colleagues tees. heading ‘‘Agricultural Programs, Farm Serv- and myself to restore $150 million in Here’s what’s going on: You are mix- ice Agency, Agricultural Credit Insurance Federal funding which would be ing your operating and your capital Fund Program Account’’ in Public Law 111– matched by State governments. To off- funds on this particular account, and 80 shall be applied to funds appropriated by set this expense and reduce the deficit, this committee does not have jurisdic- this division as follows: by substituting I have proposed offsetting the expense tion over those accounts. And I want to ‘‘$1,975,000,000’’ for ‘‘$2,150,000,000’’; by sub- by cutting direct payments to large ag- point out that the subcommittee has stituting ‘‘$475,000,000’’ for ‘‘$650,000,000’’; by worked very hard to balance all these substituting ‘‘$2,544,035,000’’ for ribusiness. ‘‘$2,670,000,000’’, by substituting ‘‘$900,000,000’’ As we debate this bill, there are peo- very difficult cuts. We’re trying to work within our 302(b) allocations. for ‘‘$1,000,000,000’’; by substituting ple at work building rail to Dulles; and ‘‘$144,035,000’’ for ‘‘$170,000,000’’; by sub- if the Republican majority succeeds in We’re in a situation right now, for stituting ‘‘$0’’ for ‘‘$3,940,000’’; by sub- passing appropriations bills such as every dollar that we spend as a U.S. stituting ‘‘$110,602,000’’ for ‘‘$150,000,000’’; by this, those transportation projects, Government, 40 cents is borrowed. substituting ‘‘$0’’ for ‘‘$75,000,000’’ the first jobs, and real estate investments will The Acting CHAIR. If the gentleman and second place it appears; by substituting be a thing of the past. One step we can would confine his remarks to his point ‘‘$0’’ for ‘‘$10,000,000’’; by substituting take to reduce the damage done by this of order first. ‘‘$38,570,000’’ for ‘‘$32,070,000’’; by substituting CR is to restore this critical Metro Mr. KINGSTON. I am speaking to the ‘‘$32,870,000’’ for ‘‘$26,520,000’’; by substituting ‘‘$109,410,000’’ for ‘‘$106,402,000’’; by sub- funding. point of order, and I ask for a ruling of the Chair. stituting ‘‘$34,950,000’’ for ‘‘$35,100,000’’; by Mr. HOYER. Mr. Chair, I rise today to sup- substituting ‘‘$19,920,000’’ for ‘‘$23,902,000’’; by port the intent of the Connolly Amendment b 2140 substituting ‘‘$54,540,000’’ for ‘‘$47,400,000’’; by which seeks to restore $150 million in dedi- The Acting CHAIR. Does anyone wish substituting ‘‘$0’’ for ‘‘$1,065,000’’; by sub- cated Federal funding to ‘‘America’s Sub- to be heard on the point of order? stituting ‘‘$0’’ for ‘‘$278,000’’; by substituting way’’—the Washington Metro—which is other- Mr. CONNOLLY of Virginia. Mr. ‘‘$0’’ for ‘‘$793,000’’; by substituting wise eliminated under the Republican Con- Chairman, I deeply regret that my col- ‘‘$318,508,000’’ for ‘‘$321,093,000’’, and by sub- tinuing Resolution. stituting ‘‘$305,588,000’’ for ‘‘$313,173,000’’. league would invoke a point of order. Funds appropriated by this division to such The Washington Metropolitan Area Transit As I said, the Metro funding, in this Authority (WMATA) operates the country’s heading for farm ownership, operating and case, talks about difficult decisions. conservation direct loans, and guaranteed second largest rail system. Every day, that This zeros out the entire Federal loans may be transferred among these pro- system carries more than a million people— amount of subsidy for capital construc- grams: Provided, That the Secretary of Agri- from the Federal employees who keep our tion and safety improvements from a culture shall notify the Committees on Ap- government running, to the families from system that is over 30 years old, reach- propriations of the House of Representatives across the country who come to visit their na- ing capacity, and serves, first and fore- and the Senate at least 15 days in advance of any transfer. tion’s capital. Clearly, the system warrants a most, the Federal workforce. strong commitment from the Federal Govern- The Acting CHAIR. Will the gen- SEC. 1234. Notwithstanding section 1101, ment. tleman confine his remarks to the the level for ‘‘Agricultural Programs, Risk In 2009, we passed, and the President point of order. Management Agency’’ shall be $77,177,000. signed, legislation that provides $1.5 billion in Mr. CONNOLLY of Virginia. Oh, I SEC. 1235. Notwithstanding section 1101, Federal dedicated funding to WMATA over the thought I was speaking to the point of the level for ‘‘Conservation Programs, Nat- next 10 years to help meet the capital and in- order and the points made by our col- ural Resources Conservation Service, Con- servation Operations’’ shall be $836,000,000. frastructure needs of the 30-year old system. leagues. The first installment of this funding—which is The Acting CHAIR. Remarks need to SEC. 1236. Notwithstanding section 1101, being matched by the District of Columbia, Vir- be in reference to the point of order, the level for ‘‘Conservation Programs, Nat- ginia, and Maryland—was appropriated in Fis- ural Resources Conservation Service, Water- not the amendment. shed and Flood Prevention Operations’’ shall cal 2010. Mr. CONNOLLY of Virginia. As I be $0. This investment is, first and foremost, being said, Mr. Chairman, I deeply regret the used to move forward with the implementation SEC. 1237. Notwithstanding section 1101, fact that my colleague would cite a the level for ‘‘Conservation Programs, Nat- of the recommendations of the National Trans- point of order on a bill of such impor- ural Resources Conservation Service, Water- portation Safety Board following the horrific tance to the National Capital region. shed Rehabilitation Program’’ shall be Red Line crash which tragically killed 9 people The Acting CHAIR. Does anyone else $20,000,000. and injured many more. This includes the pur- wish to be heard? SEC. 1238. Notwithstanding section 1101, chase of the new series 7000 rail cars to re- To be considered en bloc, pursuant to the level for ‘‘Conservation Programs, Nat- place the oldest cars in the fleet. This funding clause 2(f) of rule XXI and section 2 of ural Resources Conservation Service, Re- will also enable Metro to rebuild its core infra- House Resolution 92, an amendment source Conservation and Development’’ shall structure, replacing miles of track, switches must propose only to transfer appro- be $0. and fasteners, maintenance work that will help priations among objects in the bill and SEC. 1239. Notwithstanding section 1101, to build a safer, more reliable system. may not address objects within more the level for ‘‘Rural Development Programs, Eliminating this funding will cause the Fed- than one sub-allocation made by the Rural Development Salaries and Expenses’’ eral Government to renege on its statutory Committee on Appropriations under shall be $181,987,000. commitment to the Metro system, endangers section 302(b) of the Congressional SEC. 1240. The amounts included under the the local match, hampers the ability of Metro Budget Act of 1974. heading ‘‘Rural Development Programs, to make much needed safety and capital im- Because the amendment offered by Rural Housing Service, Rural Housing Insur- provements, and puts at risk countless tourists the gentleman from Virginia proposes ance Fund Program Account’’ in Public Law and commuters who ride Metro every day. I to transfer appropriations between ob- 111–80 for gross obligations for the principal amount of direct and guaranteed loans as au- urge my colleagues to restore this critical in- jects falling within more than one sub- thorized by title V of the Housing Act of 1949 vestment in the Washington Metro System. allocation, it may not avail itself of shall be applied to funds appropriated by this Mr. CONNOLLY of Virginia. Mr. clause 2(f) of rule XXI to address por- division by substituting ‘‘$34,004,000’’ for Chairman, I yield back the balance of tions of the bill not yet read. ‘‘$34,412,000’’ and by substituting, ‘‘$5,052,000’’ my time. The amendment is not in order. for ‘‘$5,045,000’’.

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SEC. 1241. Notwithstanding section 1101, this division as follows: by substituting, ‘‘$0’’ Food and Nutrition Service, Special Supple- the level for ‘‘Rural Development Programs, for ‘‘$6,256,000’’; by substituting ‘‘$0’’ for mental Nutrition Program for Women, In- Rural Housing Service, Rural Housing Insur- ‘‘$13,902,000’’; and by substituting, ‘‘$0’’ for fants, and Children (WIC)’’ shall be ance Fund Program Account’’ for the cost of ‘‘$3,972,000’’. $6,504,781,000. direct and guaranteed loans, including the SEC. 1252. Notwithstanding section 1101, SEC. 1263. Notwithstanding section 1101, cost of modifying loans, authorized by sec- the level for ‘‘Rural Development Programs, the level for ‘‘Domestic Food Programs, tion 502 of the Housing Act of 1949 shall be Rural Business–Cooperative Service, Rural Food and Nutrition Service, Commodity As- $70,200,000: Provided, That the amounts in- Business Program Account’’ shall be sistance Program’’, shall be $241,979,000, of cluded for such costs under such heading in $84,505,000: Provided, That the amounts in- which $151,409,000 shall be for the Commodity Public Law 111–80 shall be applied to funds cluded under such heading in Public Law 111– Supplemental Food Program: Provided, That appropriated by this division by substituting 80 shall be applied to funds appropriated by the amounts included under such heading in ‘‘$70,200,000’’ for ‘‘$40,710,000’’ in the case of this division as follows: by substituting, ‘‘$0’’ Public Law 111–80 shall be applied to funds direct loans and by substituting ‘‘$0’’ for for ‘‘$500,000’’; and by substituting, ‘‘$0’’ for appropriated by this division by substituting ‘‘$172,800,000’’ in the case of unsubsidized ‘‘$250,000’’. ‘‘$0’’ for ‘‘$6,000,000’’. guaranteed loans. SEC. 1253. Notwithstanding section 1101, SEC. 1264. Notwithstanding section 1101, SEC. 1242. Notwithstanding section 1101, the level for ‘‘Rural Development Programs, the level for ‘‘Domestic Food Programs, the level for ‘‘Rural Development Programs, Rural Business–Cooperative Service, Rural Food and Nutrition Service, Nutrition Pro- Rural Housing Service, Rural Housing Insur- Development Loan Fund Program Account’’ grams Administration’’ shall be $144,801,000. ance Fund Program Account’’ for the cost of for the principal amount of direct loans as SEC. 1265. Notwithstanding section 1101, housing repair loans authorized by section authorized by Rural Development Loan Fund the level for ‘‘Foreign Assistance and Re- 504 of the Housing Act of 1949 shall be shall be $21,936,000. lated Programs, Foreign Agricultural Serv- SEC. 1254. Notwithstanding section 1101, in $6,437,000. ice, Salaries and Expenses’’ shall be connection with the ‘‘Rural Development SEC. 1243. Notwithstanding section 1101, $165,436,000. the level for ‘‘Rural Development Programs, Programs, Rural Business–Cooperative Serv- SEC. 1266. Notwithstanding section 1101, Rural Housing Service, Rural Housing Insur- ice, Rural Economic Development Loans the level for ‘‘Foreign Assistance and Re- ance Fund Program Account’’ for the cost of Program Account’’, of the funds derived from lated Programs, Foreign Agricultural Serv- interest on the cushion of credit payments, repair, rehabilitation, and new construction ice, Food for Peace Title II Grants’’ shall be as authorized by section 313 of the Rural of rental housing authorized by section 515 of $1,003,000,000. Electrification Act of 1936, $207,000,000 shall SEC. 1267. Notwithstanding section 1101, the Housing Act of 1949 shall be $23,446,000. not be obligated and $207,000,000 is rescinded. the level for ‘‘Foreign Assistance and Re- SEC. 1244. Notwithstanding section 1101, SEC. 1255. Notwithstanding section 1101, the level for ‘‘Rural Development Programs, lated Programs, Foreign Agricultural Serv- the level for ‘‘Rural Development Programs, Rural Housing Service, Rural Housing Insur- ice, McGovern-Dole International Food for Rural Business–Cooperative Service, Rural ance Fund Program Account’’ for the cost of Education and Child Nutrition Program Cooperative Development Grants’’ shall be multi-family housing guaranteed loans au- Grants’’ shall be $100,000,000. $30,254,000: Provided, That the amounts in- SEC. 1268. Notwithstanding section 1101, thorized by section 538 of the Housing Act of cluded under such heading in Public Law 111– the level for ‘‘Related Agencies and Food and 1949 shall be $12,513,000. 80 shall be applied to funds appropriated by Drug Administration, Food and Drug Admin- SEC. 1245. In addition to amounts otherwise this division as follows: by substituting ‘‘$0’’ istration, Salaries and Expenses’’ shall be appropriated or made available by this divi- for ‘‘$300,000’’; by substituting ‘‘$0’’ for $3,307,418,000: Provided, That of the amount sion, there is appropriated to the Secretary ‘‘$2,800,000’’; and by substituting ‘‘$18,867,000’’ provided under this heading, $667,057,000 shall of Agriculture $288,000 for section 523 self- for ‘‘$20,367,000’’. be derived from prescription drug user fees help housing land development loans author- SEC. 1256. Notwithstanding section 1101, authorized by section 736 of the Federal ized by section 523 of the Housing Act of 1949 the level for ‘‘Rural Development Programs, Food, Drug, and Cosmetic Act (21 U.S.C. and $294,000 for site development loans au- Rural Business–Cooperative Service, Rural 379h), shall be credited to this account and thorized by section 524 of such Act. Microenterprise Investment Program Ac- remain available until expended, and shall SEC. 1246. Notwithstanding section 1101, count’’ shall be $3,350,000. the level for ‘‘Rural Development Programs, not include any fees pursuant to paragraphs SEC. 1257. Notwithstanding section 1101, (2) and (3) of section 736(a) of such Act (21 Rural Housing Service, Rural Housing Insur- the level for ‘‘Rural Development Programs, ance Fund Program Account’’ for adminis- U.S.C. 379h(a)(2) and (a)(3)) assessed for fiscal Rural Business–Cooperative Service, Rural year 2012 but collected in fiscal year 2011; trative expenses necessary to carry out the Energy for America Program’’ shall be direct and guaranteed loan programs shall be $61,860,000 shall be derived from medical de- $25,010,000. vice user fees authorized by section 738 of $454,383,000. SEC. 1258. Notwithstanding section 1101, such Act (21 U.S.C. 379j), and shall be cred- SEC. 1247. Notwithstanding section 1101, the level for ‘‘Rural Development Programs, ited to this account and remain available the level for ‘‘Rural Development Programs, Rural Utilities Service, Rural Water and until expended; $19,448,000 shall be derived Rural Housing Service, Rental Assistance Waste Disposal Program Account’’ shall be from animal drug user fees authorized by Program’’ shall be $955,635,000: Provided, That $405,564,000: Provided, That the amounts in- the amounts included under such heading in cluded under such heading in Public Law 111– section 740 of such Act (21 U.S.C. 379j–12), and Public Law 111–80 shall be applied to funds 80 shall be applied to funds appropriated by shall be credited to this account and remain appropriated by this division by substituting this division as follows: by substituting, available until expended; $5,397,000 shall be ‘‘$0’’ for ‘‘$5,958,000’’; by substituting ‘‘$0’’ for ‘‘$60,000,000’’ for ‘‘$70,00,000’’; by substituting derived from animal generic drug user fees ‘‘$50,000’’; and by substituting ‘‘$3,000,000’’ for ‘‘$5,000,000’’ for ‘‘$6,000,000’’; and by sub- authorized by section 741 of such Act (21 ‘‘$3,400,000’’. stituting, ‘‘$0’’ for ‘‘$17,500,000’’. U.S.C. 379j–21), and shall be credited to this SEC. 1248. Notwithstanding section 1101, SEC. 1259. Notwithstanding section 1101, account and shall remain available until ex- the level for ‘‘Rural Development Programs, the level for ‘‘Rural Development Programs, pended; and $450,000,000 shall be derived from Rural Housing Service, Multi-Family Hous- Rural Utilities Service, Rural Electrification tobacco product user fees authorized by sec- ing Revitalization Program Account’’ shall and Telecommunications Loans Program Ac- tion 919 of such Act (21 U.S.C. 387s) and shall be $16,400,000: Provided, That only the first, count’’ for administrative expenses nec- be credited to this account and remain avail- second, and fourth provisos under such head- essary to carry out the direct and guaran- able until expended: Provided further, That in ing in Public Law 111–80, relating to rural teed loan programs shall be $38,374,000. addition and notwithstanding any other pro- housing vouchers to low-income households, SEC. 1260. Notwithstanding section 1101, vision under this heading, amounts collected shall apply to funds appropriated by this di- the level for ‘‘Rural Development Programs, for prescription drug user fees that exceed vision and the third, fifth, and subsequent Rural Utilities Service, Distance Learning, the fiscal year 2011 limitation are appro- provisos under such heading shall not apply Telemedicine, and Broadband Program’’ priated and shall be credited to this account to funds appropriated by this division. shall be $30,000,000: Provided, That the and remain available until expended: Pro- SEC. 1249. Notwithstanding section 1101, amounts included under such heading in vided further, That fees derived from pre- the level for ‘‘Rural Development Programs, Public Law 111–80 shall be applied to funds scription drug, medical device, animal drug, Rural Housing Service, Mutual and Self-Help appropriated by this division as follows: by animal generic drug, and tobacco product as- Housing Grants’’ shall be $37,000,000. substituting, ‘‘$0’’ for ‘‘$4,500,000’’; by sub- sessments for fiscal year 2011 received during SEC. 1250. Notwithstanding section 1101, stituting, ‘‘$0’’ for ‘‘$28,960,000’’; and by sub- fiscal year 2011, including any such fees as- the level for ‘‘Rural Development Programs, stituting, ‘‘$13,406,000’’ for ‘‘$17,976,000’’. sessed prior to fiscal year 2011 but credited Rural Housing Service, Rural Housing As- SEC. 1261. The amounts included under the for fiscal year 2011, shall be subject to the sistance Grants’’ shall be $40,400,000. heading ‘‘Domestic Food Programs, Food fiscal year 2011 limitations: Provided further, SEC. 1251. Notwithstanding section 1101, and Nutrition Service, Child Nutrition Pro- That none of these funds shall be used to de- the level for ‘‘Rural Development Programs, grams’’ in Public Law 111–80 shall be applied velop, establish, or operate any program of Rural Housing Service, Rural Community to funds appropriated by this division by user fees authorized by 31 U.S.C. 9701: Pro- Facilities Program Account’’ shall be substituting ‘‘$0’’ for ‘‘$1,000,000’’ and by sub- vided further, That of the total amount ap- $32,450,000: Provided, That the amounts in- stituting ‘‘$0’’ for ‘‘$5,000,000’’. propriated under this heading: (1) $727,220,000 cluded under such heading in Public Law 111– SEC. 1262. Notwithstanding section 1101, shall be for the Center for Food Safety and 80 shall be applied to funds appropriated by the level for ‘‘Domestic Food Programs, Applied Nutrition and related field activities

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H885 in the Office of Regulatory Affairs; (2) (3) The second proviso under the heading Rural Housing Insurance Fund Program Ac- $895,460,000 shall be for the Center for Drug ‘‘Rural Development Programs, Rural Utili- count’’. Evaluation and Research and related field ties Service, Rural Water and Waste Disposal (4) The fifth proviso under the heading activities in the Office of Regulatory Affairs; Account’’. ‘‘Rural Development Programs, Rural Hous- (3) $296,937,000 shall be for the Center for Bio- (4) The first proviso under the heading ing Service, Rental Assistance Program’’. logics Evaluation and Research and for re- ‘‘Domestic Food Programs, Food and Nutri- (5) The proviso under the heading ‘‘Rural lated field activities in the Office of Regu- tion Service, Commodity Assistance Pro- Development Programs, Rural Housing Serv- latory Affairs; (4) $145,103,000 shall be for the gram’’. ice, Mutual and Self-Help Housing Grants’’. Center for Veterinary Medicine and for re- (5) The first proviso under the heading (6) The first proviso under the heading lated field activities in the Office of Regu- ‘‘Foreign Assistance and Related Programs, ‘‘Rural Development Programs, Rural Hous- latory Affairs; (5) $318,768,000 shall be for the Foreign Agricultural Service, McGovern- ing Service, Rural Housing Assistance Center for Devices and Radiological Health Dole International Food for Education and Grants’’. and for related field activities in the Office Child Nutrition Program Grants’’. (7) The seventh proviso under the heading of Regulatory Affairs; (6) $35,052,000 shall be SEC. 1272. Sections 718, 723, 727, 728, 738, 739, ‘‘Rural Development Programs, Rural Hous- for the National Center for Toxicological Re- and 741 of Public Law 111–80 shall be applied ing Service, Rural Community Facilities search; (7) $421,463,000 shall be for the Center to funds appropriated by this division by Program Account’’. for Tobacco Products and for related field substituting $0 for the dollar amounts in- (8) The third proviso under the heading activities in the Office of Regulatory Affairs; cluded in those sections. ‘‘Rural Development Programs, Rural Busi- (8) not to exceed $100,482,000 shall be for Rent SEC. 1273. Sections 715, 716, 721(2), 721(3), ness—Cooperative Service, Rural Business and Related activities, of which $22,683,000 is 724, 725, 726, 729, 730, 734, 735, 743, 745, and 748 Program Account’’. for White Oak Consolidation, other than the of Public Law 111–80 shall not apply for fiscal (9) The four availability of funds clauses amounts paid to the General Services Ad- year 2011. under the heading ‘‘Rural Development Pro- ministration for rent; (9) not to exceed SEC. 1274. Sections 737, 740, 747, and 749 of grams, Rural Business—Cooperative Service, $182,661,000 shall be for payments to the Gen- Public Law 111–80 authorized or required cer- Rural Development Loan Fund Program Ac- eral Services Administration for rent; and tain actions that have been performed before count’’. (10) $184,272,000 shall be for other activities, the date of the enactment of this division (10) The fifth proviso under the heading including the Office of the Commissioner of and need not reoccur. ‘‘Rural Development Programs, Rural Utili- Food and Drugs; the Office of Foods; the Of- SEC. 1275. Appropriations to the Depart- ties Service, Rural Water and Waste Disposal fice of the Chief Scientist; the Office of Pol- ment of Agriculture made available in fiscal Program Account’’. icy, Planning and Budget; the Office of Inter- year 2005 to carry out section 601 of the (11) Sections 713, 717, 732, and 746. national Programs; the Office of Administra- Rural Electrification Act of 1936 (7 U.S.C. SEC. 1281. None of the funds appropriated tion; and central services for these offices: 950bb) for the cost of direct loans shall re- or otherwise made available by this division Provided further, That none of the funds made main available until expended to disburse or any other Act shall be used to pay the sal- available under this heading shall be used to valid obligations made in fiscal years 2005 aries and expenses of personnel to carry out transfer funds under section 770(n) of the and 2006. the Wetlands Reserve Program authorized by Federal Food, Drug, and Cosmetic Act (21 SEC. 1276. In the case of each program es- sections 1237–1237F of the Food Security Act U.S.C. 379dd): Provided further, That not to tablished or amended by the Food, Conserva- of 1985 (16 U.S.C. 3837–3837f) to enroll in ex- exceed $25,000 of the amount provided under tion, and Energy Act of 2008 (Public Law 110– cess of 202,218 acres in fiscal year 2011: Pro- this heading shall be for official reception 246), other than by title I or subtitle A of vided, That such program shall be perma- and representation expenses, not otherwise title III of such Act, or programs for which nently reduced by 47,782 acres. provided for, as determined by the Commis- indefinite amounts were provided in that Act SEC. 1282. None of the funds appropriated sioner: Provided further, That funds may be that is authorized or required to be carried or otherwise made available by this division transferred from one specified activity to an- out using funds of the Commodity Credit or any other Act shall be used to pay the sal- other with the prior approval of the Commit- Corporation: (1) such funds shall be available aries and expenses of personnel to carry out tees on Appropriations of both Houses of for salaries and related administrative ex- the Conservation Stewardship Program au- Congress. penses, including technical assistance, asso- thorized by sections 1238D–1238G of the Food SEC. 1269. Notwithstanding section 1101, ciated with the implementation of the pro- Security Act of 1985 (16 U.S.C. 3838d–3838g) in the level for ‘‘Related Agencies and Food and gram, without regard to the limitation on excess of $649,000,000. Drug Administration, Independent Agencies, the total amount of allotments and fund SEC. 1283. None of the funds appropriated Commodity Futures Trading Commission’’ transfers contained in section 11 of the Com- or otherwise made available by this division shall be $112,000,000, to remain available modity Credit Corporation Charter Act (15 or any other Act shall be used to pay the sal- until September 30, 2012: Provided, That the U.S.C. 714i); and (2) the use of such funds for aries and expenses of personnel to carry out proviso under such heading in Public Law such purpose shall not be considered to be a the program authorized by section 14 of the 111–80 shall not apply to funds appropriated fund transfer or allotment for purposes of ap- Watershed Protection and Flood Prevention by this division. plying the limitation on the total amount of Act (16 U.S.C. 1012): Provided, That of the SEC. 1270. Notwithstanding any other pro- allotments and fund transfers contained in funds available under such section for fiscal vision of this division, the following set- such section. year 2011, $165,000,000 is rescinded. asides included in Public Law 111–80 for SEC. 1277. With respect to any loan or loan SEC. 1284. None of the funds appropriated ‘‘Congressionally Designated Projects’’ in guarantee program administered by the Sec- or otherwise made available by this division the following accounts for the corresponding retary of Agriculture that has a negative or any other Act shall be used to pay the sal- amounts shall not apply to funds appro- credit subsidy score for fiscal year 2011, the aries and expenses of personnel to transfer in priated by this division: program level for the loan or loan guarantee fiscal year 2011 to the Administrator of the (1) ‘‘Agricultural Programs, Agricultural program, for the purposes of the Federal Food and Nutrition Service under subsection Research Service, Salaries and Expenses’’, Credit Reform Act of 1990, shall be the pro- (b) of section 14222 of the Food, Conserva- $44,138,000. gram level established pursuant to such Act tion, and Energy Act of 2008 (Public Law 110– (2) ‘‘Agricultural Programs, National Insti- for fiscal year 2010. 246; 122 Stat. 2245) an amount in excess of tute of Food and Agriculture, Research and SEC. 1278. Section 721(1) of Public Law 111– $1,098,000,000: Provided, That none of the Education Activities’’, $120,054,000. 80 (123 Stat. 2122) is amended by striking funds made available by this division or any (3) ‘‘Agricultural Programs, National Insti- ‘‘$1,180,000,000’’ and inserting ‘‘$1,238,000,000’’. other Act shall be used to pay the salaries tute of Food and Agriculture, Extension Ac- SEC. 1279. Section 742 of Public Law 111–80 and expenses of personnel to carry out sec- tivities’’, $11,831,000. (123 Stat. 2128) is amended by striking tion 19 of the Richard B. Russell National (4) ‘‘Agricultural Programs, Animal and ‘‘$11,000,000’’ and inserting ‘‘$15,000,000’’. School Lunch Act (42 U.S.C. 1769a) utilizing Plant Health Inspection Service, Salaries SEC. 1280. The following provisions of Pub- funds otherwise required to be made avail- and Expenses’’, $24,410,000. lic Law 111–80 shall be applied to funds ap- able under subsection (i)(1)(D) of such sec- (5) ‘‘Conservation Programs, Natural Re- propriated by this division by substituting tion 19 in excess of $33,000,000, including the sources Conservation Service, Conservation ‘‘2010’’, ‘‘2011’’, and ‘‘2012’’ for ‘‘2009’’, ‘‘2010’’, transfer of funds under subsection (c) of such Operations’’, $37,382,000. and ‘‘2011’’, respectively, in each instance section 14222, until October 1, 2011: Provided SEC. 1271. Notwithstanding any other pro- that such terms appear: further, That the remaining $117,000,000 of the vision of this division, the following provi- (1) The second paragraph under the head- amount specified in subsection (i)(1)(D) of sions included in Public Law 111–80 shall not ing ‘‘Agricultural Programs, Animal and such section 19 made available on October 1, apply to funds appropriated by this division: Plant Health Inspection Service, Salaries 2011, to carry out such section 19 shall be ex- (1) The first proviso under the heading and Expenses’’. cluded from the limitation described in sub- ‘‘Agricultural Programs, Agriculture Build- (2) The second proviso under the heading section (b)(2)(A)(iv) of such section 14222 for ings and Facilities and Rental Payments’’. ‘‘Agricultural Programs, Food Safety and In- fiscal year 2012. (2) The second proviso under the heading spection Service’’. SEC. 1285. None of the funds appropriated ‘‘Conservation Programs, Natural Resources (3) The first proviso in the second para- or made available by this division or any Conservation Service, Conservation Oper- graph under the heading ‘‘Rural Develop- other Act shall be used to pay the salaries ations’’. ment Programs, Rural Housing Service, and expenses of personnel to carry out the

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H886 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Biomass Crop Assistance Program author- verage significant private sector in- SEC. 1307. Notwithstanding section 1101, ized by section 9011 of the Farm Security and vestment. EDA’s investments are also the level for ‘‘Department of Commerce, Na- Rural Investment Act of 2002 (7 U.S.C. 8111) competitive and based on a regional, tional Oceanic and Atmospheric Administra- in excess of $112,000,000. comprehensive economic development tion, Pacific Coastal Salmon Recovery’’ SEC. 1286. Of the unobligated balances shall be $50,000,000. available for ‘‘Agricultural Programs, Agri- strategy that are spearheaded by local SEC. 1308. Notwithstanding section 1101, cultural Research Service, Buildings and Fa- officials, private sector leaders and the level for ‘‘Department of Justice, Gen- cilities’’ $223,700,000 is rescinded. community representatives. The agen- eral Administration, National Drug Intel- SEC. 1287. Of the unobligated balances cy utilizes this approach to reflect the ligence Center’’ shall be $34,023,000. available for the cost of broadband loans, as local and regional priority of our com- AMENDMENT NO. 368 OFFERED BY MR. FLAKE authorized by section 601 of the Rural Elec- munities. But most importantly, all trification Act of 1936, $15,000,000 is re- Mr. FLAKE. Mr. Chairman, I offer an scinded. EDA project investments must result amendment. SEC. 1288. (a) Notwithstanding this Act or in creation and retention of high-qual- The Acting CHAIR. The Clerk will any other Act, of the unobligated balances ity jobs. designate the amendment. available to the Department of Agriculture Let me repeat: EDA is the one agen- The text of the amendment is as fol- from prior appropriations, $585,000,000 in ap- cy of the Federal Government that has lows: propriated discretionary funds are hereby re- a singular focus of creating jobs, and it Page 197, line 17, after the dollar amount, scinded. has a strong track record of success in insert ‘‘(reduced by $34,023,000)’’. (b) The Secretary of Agriculture shall de- Page 359, line 5, after the dollar amount, termine and identify from which appropria- my home State of Maine and through- insert ‘‘(increased by $34,023,000)’’. tion accounts the rescission under sub- out the country. The Acting CHAIR. The gentleman section (a) shall apply and the amount of b 2150 from Arizona is recognized for 5 min- such rescission that shall apply to each such In fact, from 2004 to 2008, EDA-funded utes. account. Not later than 30 days after the Mr. FLAKE. Mr. Chairman, this date of the enactment of this Act, the Sec- projects directly led to the creation of amendment is straightforward. It retary of Agriculture shall submit a report approximately 200,000 jobs. would simply reduce more than $34 mil- to the Committees on Appropriations of both All of us support cuts to spending to lion in funding for the National Drug Houses of Congress and the Secretary of the get our fiscal house in order, but we all Intelligence Center and transfer that Treasury of the accounts and amounts deter- are realistic. We know that actions of mined and identified for rescission under the money into the spending reduction ac- one program or agency won’t be preceding sentence: Provided, That no count. amounts may be rescinded from amounts enough to solve the Nation’s job prob- In short, the amendment would zero that were designated by the Congress as an lems. But at a time when our States, out funding for the National Drug In- emergency requirement pursuant to the Con- local communities, and businesses con- telligence Center, which has survived current Resolution on the Budget or the Bal- tinue to struggle, it is the wrong time for the past 3 years by way of a very anced Budget and Emergency Deficit Control to be cutting a program that is a prov- Act of 1985, as amended. broken earmarking process. en job creator. It’s the wrong time to For many institutions, drugs are TITLE III—COMMERCE, JUSTICE, turn our backs on investments in our SCIENCE, AND RELATED AGENCIES handled with a zero tolerance policy. I communities that will make a real dif- would submit that taxpayers should SEC. 1301. Notwithstanding section 1101, ference. But it is the right time to set the level for ‘‘Department of Commerce, send a clear signal here that we have a International Trade Administration, Oper- our priorities and insist that our in- zero tolerance policy for this kind of ations and Administration’’ shall be vestments are focused on job creation. wasteful spending. $450,989,000. The fiscal year 2010 level was $293 There has been no better example for SEC. 1302. Notwithstanding section 1101, million. The CR cuts it to $175 million. wasteful spending than the NDIC, an the level for ‘‘Department of Commerce, This amendment will actually bring it entity I have come to the floor many Economic Development Administration, up to $255 million. So I encourage my times within the past to criticize and Economic Development Assistance Pro- colleagues to support this amendment. grams’’ shall be $175,000,000. to limit funding for. Not just me, but I yield back the balance of my time. Mr. ROGERS of Kentucky (during many other Members. The Acting CHAIR. The question is A pet project that once belonged to a the reading). Mr. Chairman, I ask on the amendment offered by the gen- powerful Member of Congress, the unanimous consent that the remainder tleman from Maine (Mr. MICHAUD). NDIC was established in 1992 and has of the bill through page 196, line 18 be The question was taken; and the Act- been the recipient of hundreds of mil- considered as read, printed in the ing Chair announced that the noes ap- lions of dollars since then. RECORD, and open to amendment at peared to have it. In 2005, the White House OMB re- any point. Mr. MICHAUD. Mr. Chairman, I deported that the NDIC ‘‘has proven inef- The Acting CHAIR. Is there objection mand a recorded vote. fective in achieving its assigned mis- to the request of the gentleman from The Acting CHAIR. Pursuant to sion.’’ In 2006, a spokesman for the DOJ Kentucky? clause 6 of rule XVIII, further pro- There was no objection. asserted that the resources of the NDIC ceedings on the amendment offered by should be ‘‘realigned to support pri- AMENDMENT NO. 153 OFFERED BY MR. MICHAUD the gentleman from Maine will be post- ority counterterrorism and national se- Mr. MICHAUD. Mr. Chairman, I offer poned. curity initiatives.’’ And yet, here we an amendment. The Clerk will read. The Acting CHAIR. The Clerk will are, 5 years later, funding the NDIC in The Clerk read as follows: designate the amendment. spite of what will be 3 years of trillion- SEC. 1303. Notwithstanding section 1101, The text of the amendment is as fol- dollar deficits and a skyrocketing na- the level for ‘‘Department of Commerce, Mi- tional debt. lows: nority Business Development Agency, Minor- Page 196, line 18, after the dollar amount According to a CQ article from today, ity Business Development’’ shall be even the current administration’s Dep- insert ‘‘(increased by $80,000,000)’’. $30,400,000. Page 199, line 6, after the dollar amount in- uty Attorney General James Cole said SEC. 1304. Notwithstanding section 1101, sert ‘‘(reduced by $80,000,000)’’. the level for ‘‘Department of Commerce, Na- that many of the center’s functions The Acting CHAIR. The gentleman tional Telecommunications and Information could be performed elsewhere. from Maine is recognized for 5 minutes. Administration, Salaries and Expenses’’ The President’s budget request was Mr. MICHAUD. Mr. Chairman, I rise shall be $40,649,000. released yesterday; and according to today to offer this amendment to re- SEC. 1305. Notwithstanding section 1101, CQ, the NDIC is slated to receive a cut store funding to the Economic Develop- the level for ‘‘Department of Commerce, Na- from its current level of funding from ment Administration. The investments tional Institute of Standards and Tech- $44 million down to $25 million. I sub- made by EDA in all of our districts nology, Scientific and Technical Research mit that that is $25 million too much. and Services’’ shall be $469,500,000. lead to economic development and job According to the fiscal year 2011 SEC. 1306. Notwithstanding section 1101, creation. But these investments are the level for ‘‘Department of Commerce, Na- budget summary for the National Drug not just some government handout. tional Institute of Standards and Tech- Control Strategy, we spent more than By law, EDA projects require a 50 nology, Industrial Technology Services’’ $15 billion on antidrug and drug-con- percent local cost share and must le- shall be $169,600,000. trol efforts in fiscal year 2010. Even if

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H887 you believe that the NDIC is effective been obligated a significant amount of SEC. 1315. Notwithstanding section 1101, and that it pulls its own weight, the funding already, so there is no way to the level for ‘‘Department of Justice, Federal anti-drug effort, like the budget of the cut its funding for the year to zero. In Prison System, Salaries and Expenses’’ shall be $6,325,231,000. Department of Defense, should not be fact, CBO scores the amendment as SEC. 1316. Notwithstanding section 1101, immune from commonsense cuts that saving only $16 million in budget au- the level for ‘‘Office of Science and Tech- increase efficiency, and I can think of thority, not $34 million. I urge my col- nology Policy’’ shall be $6,500,000. few things more efficient than closing leagues to defeat this Flake amend- SEC. 1317. Notwithstanding section 1101, down the NDIC once and for all. ment. the level for ‘‘National Science Foundation, Let me just note, The Wall Street I yield back the balance of my time. Research and Related Activities’’ shall be Journal said at one point: ‘‘Conserv- The Acting CHAIR. The question is $5,467,920,000. SEC. 1318. Notwithstanding section 1101, atives have argued that the center is a on the amendment offered by the gen- the level for ‘‘National Science Foundation, waste of taxpayer money, and critics tleman from Arizona (Mr. FLAKE). Major Research Equipment and Facilities argue that it has never fulfilled its The question was taken; and the Act- Construction’’ shall be $54,790,000. promise to provide high-quality anal- ing Chair announced that the ayes ap- SEC. 1319. Notwithstanding section 1101, ysis of drug networks.’’ Again, an in- peared to have it. the level for ‘‘National Science Foundation, ternal White House budget proposal Mr. DICKS. Mr. Chairman, I demand Education and Human Resources’’ shall be $725,760,000. aims to save nearly $17 million by a recorded vote. SEC. 1320. Notwithstanding section 1101, downsizing NDIC. The Acting CHAIR. Pursuant to the level for ‘‘Department of Commerce, Bu- Clearly, clearly, I think everybody clause 6 of rule XVIII, further pro- reau of the Census, Periodic Censuses and admits that there is no reason for this ceedings on the amendment offered by Programs’’ shall be $913,707,000. facility to exist anymore and to keep the gentleman from Arizona will be SEC. 1321. Notwithstanding section 1101, sucking millions and millions of dol- postponed. the level for each of the following accounts shall be $0: ‘‘Department of Commerce, Na- lars every year from the taxpayer. The b 2200 tional Telecommunications and Information White House, successive White Houses, The Clerk will read. Administration, Public Telecommunications Republican and Democrat alike, have Facilities, Planning and Construction’’; ‘‘De- said this is inefficient. It is not filling The Clerk read as follows: partment of Justice, Bureau of Alcohol, To- SEC. 1309. Notwithstanding section 1101, its mission. So it is up to Congress bacco, Firearms, and Explosives, Construc- the level for ‘‘Department of Justice, Gen- tion’’; and ‘‘Department of Justice, Office of now, when we’re running a $1.5 trillion eral Administration, Justice Information deficit that stacks up against a $14 tril- Justice Programs, Weed and Seed Program Sharing Technology’’ shall be $78,285,000. Fund’’. lion debt, to look at programs like this SEC. 1310. Notwithstanding section 1101, SEC. 1322. Notwithstanding any other pro- and say, All right. Enough is enough. the level for ‘‘Department of Justice, Gen- vision of this division, the following set- It’s time that we close them down. eral Administration, Tactical Law Enforce- asides included in division B of Public Law So with that, Mr. Chairman, I say ment Wireless Communications’’ shall be 111–117 for projects specified in the explana- let’s adopt this amendment. If we can’t $136,143,000. tory statement accompanying that Act in SEC. 1311. Notwithstanding section 1101, the following accounts for the corresponding do this, where can we save money? If the level for ‘‘Department of Justice, Gen- we can’t close down a center that’s re- amounts shall not apply to funds appro- eral Administration, Detention Trustee’’ priated by this division: (1) ‘‘Department of ceived hundreds of millions of dollars shall be $1,533,663,000. Commerce, International Trade Administra- that the White House, successive ad- SEC. 1312. Notwithstanding section 1101, tion, Operations and Administration’’, ministrations, Republican and Demo- the level for ‘‘Department of Justice, Legal $5,215,000; (2) ‘‘Department of Commerce, Mi- crat, have said it is duplicative, it is Activities, Salaries and Expenses, General nority Business Development Agency, Minor- not fulfilling its mission; if we can’t Legal Activities’’ shall be $865,097,000. ity Business Development’’, $1,100,000; and (3) close these kind of things down, when SEC. 1313. Notwithstanding section 1101, ‘‘Department of Commerce, National Insti- the level for ‘‘Department of Justice, United tute of Standards and Technology, Scientific are we going to save money? States Marshals Service, Construction’’ shall I yield back the balance of my time. and Technical Research and Services’’, be $16,929,000. $10,500,000. Mr. DICKS. Mr. Chairman, I move to SEC. 1314. Notwithstanding section 1101, SEC. 1323. The Departments of Commerce strike the last word. the level for ‘‘Department of Justice, Federal and Justice, the National Aeronautics and The Acting CHAIR. The gentleman Bureau of Investigation, Construction’’ shall Space Administration, and the National from Washington is recognized for 5 be $106,915,000. Science Foundation are directed to submit minutes. Mr. HOLT. Mr. Chairman, I have an spending plans, signed by the respective de- Mr. DICKS. I appreciate the gentle- amendment at the desk. partment or agency head, to the House and Senate Committees on Appropriations with- man’s usual zeal for finding savings in The Acting CHAIR (Mr. BASS of New the budget, but I believe his amend- in 60 days of enactment of this division. Hampshire). Will the gentleman specify SEC. 1324. Notwithstanding any other pro- ment goes too far to achieve savings which amendment. vision of this division, the set-aside included without considering the impacts. Mr. HOLT. Amendment No. 235. in division B of Public Law 111–117 under the NDIC plays an important role in ana- The Acting CHAIR. The Chair will heading ‘‘Department of Commerce, United lyzing and disseminating information note that the reading has progressed States Patent and Trademark Office, Sala- to law enforcement and the intel- past that point in the bill. ries and Expenses’’ for policy studies related ligence community about the produc- Mr. HOLT. Mr. Chairman, I ask to activities of United Nations Specialized tion, trafficking, and consumption of unanimous consent to consider the Agencies related to international protection of intellectual property rights shall not illegal drugs. It produces the annual amendment out of order. apply to funds appropriated by this division. drug threat assessments, as well as The Acting CHAIR. Is there objection SEC. 1325. Of the amount provided by sec- local and regional assessments. to the request of the gentleman from tion 1306 for ‘‘National Institute of Stand- DOJ is proposing a reduced funding New Jersey? ards and Technology, Industrial Technology level for NDIC in 2012, along with the Mr. ROGERS of Kentucky. Reserving Services’’, $44,900,000 shall be for the Tech- realignment of some of its functions to the right to object, Mr. Chairman, as I nology Innovation Program. the Drug Enforcement Administration. understand it, the gentleman wants to SEC. 1326. (a) Notwithstanding section 1101, the level for ‘‘Department of Commerce, Na- We will have to look closely at that go back to a section which we have al- tional Institute of Standards and Tech- proposal to ensure it would not set us ready covered? nology, Construction of Research Facilities’’ back in dealing with the drug threat. The Acting CHAIR. The gentleman is shall be $58,000,000. But, in any case, one simply cannot correct. (b) The set-asides included in division B of eliminate an agency overnight. Mr. ROGERS of Kentucky. Mr. Chair- Public Law 111–117 under the heading ‘‘De- NDIC performs significant functions man, in order to move things along, we partment of Commerce, National Institute of that are critical to our law enforce- have to have rules, and I have to ob- Standards and Technology, Construction of ment efforts, and those functions can’t Research Facilities’’ for a competitive con- ject. struction grant program for research science be simply shut down and transferred The Acting CHAIR. Objection is buildings and for projects specified in the ex- without significant planning. heard. planatory statement accompanying that Act NDIC has been operating under the The Clerk will read. shall not apply to funds appropriated by this current CR for several months and has The Clerk read as follows: division.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H888 CONGRESSIONAL RECORD — HOUSE February 15, 2011 AMENDMENT NO. 260 OFFERED BY MR. LATTA a single identifier for access to pass- The Acting CHAIR. Pursuant to Mr. LATTA. Mr. Chairman, I offer an word-protected Web sites is fright- clause 6 of rule XVIII, further pro- amendment. ening. It is equally concerning to think ceedings on the amendment offered by The Acting CHAIR. The Clerk will that if this single digital identity were the gentleman from Ohio will be post- designate the amendment. to be hacked, the hacker would have poned. The text of the amendment is as fol- access to a wide range of a user’s per- The Clerk will read. lows: sonal information and accounts. Secu- The Clerk read as follows: H.R. 1 rity of the cyber domain is serious, but SEC. 1327. (a) Notwithstanding section 1101, a government-run or government-di- the level for ‘‘Department of Commerce, Na- OFFERED BY: MR. LATTA tional Oceanic and Atmospheric Administra- AMENDMENT NO. 260: Page 200, line 25, after rected Internet ID system is a risk to tion, Operations, Research, and Facilities’’ the dollar amount insert ‘‘(reduced by liberty and this strategy is not the way shall be $2,850,883,000. $10,000,000)’’. to go about achieving this goal. The (b) The set-aside included in division B of Page 359, line 5, after the dollar amount in- elected representatives of Congress Public Law 111–117 under the heading ‘‘De- sert ‘‘(increased by $10,000,000)’’. should address these issues, not a gov- partment of Commerce, National Oceanic The Acting CHAIR. The gentleman ernment bureaucracy. I will be offering and Atmospheric Administration, Oper- from Ohio is recognized for 5 minutes. a limitation amendment to block any ations, Research, and Facilities’’ for projects specified in the explanatory statement ac- Mr. LATTA. Mr. Chairman, my funding towards the development of companying that Act shall not apply to amendment would reduce spending for this strategy, and that is why I am of- funds appropriated by this division. the Department of Commerce under fering this amendment, No. 260, to cut SEC. 1328. (a) Notwithstanding section 1101, the National Institute of Standards funding from the National Institute of the level for ‘‘Department of Commerce, Na- and Technology construction of re- Standards and Technology. tional Oceanic and Atmospheric Administra- search facilities account by $10 million I yield back the balance of my time. tion, Procurement, Acquisition and Con- and transfer those funds to the spend- Mr. WOLF. Mr. Chairman, I rise in struction’’ shall be $1,455,353,000. ing reduction account. This program (b) The set-aside included in division B of opposition to the amendment. Public Law 111–117 under the heading ‘‘De- provides government money for con- The Acting CHAIR. The gentleman partment of Commerce, National Oceanic struction of research science buildings. from Virginia is recognized for 5 min- and Atmospheric Administration, Procure- Currently, H.R. 1 funds the technology utes. ment, Acquisition and Construction’’ for construction of research facilities ac- Mr. WOLF. This account has been hit projects specified in the explanatory state- count at $58 million and this amend- very, very hard already. Each reduc- ment accompanying that Act shall not apply ment would reduce it to $48 million. tion in the bill was carefully deter- to funds appropriated by this division. While scientific research is important, SEC. 1329. (a) Notwithstanding section 1101, mined. The funding level provided for the level for ‘‘Department of Justice, Office when our nation is experiencing mas- NIST construction in the bill is $89 of Justice Programs, Justice Assistance’’ sive deficits, we have to make these million below FY 2010. shall be $225,000,000. difficult cuts. NIST has played a key role in ena- (b) Amounts included in paragraphs (1) With a forecasted deficit of $1.6 tril- bling innovative ideas with regard to through (5) under the heading ‘‘Department lion this year and the national debt strengthening infrastructure for ad- of Justice, Office of Justice Programs, Jus- scheduled to triple in 10 years, I am vance manufacturing, service and tice Assistance’’ of division B of Public Law simply proposing cutting spending 111–117 shall be deemed to represent the max- science. imum amount of funding available under the from a program that received over $123 NIST works with the private sector, respective paragraph. million in increased funding in the other government agencies and univer- SEC. 1330. (a) Notwithstanding section 1101, stimulus. The President released his sities to develop and apply the tech- the level for ‘‘Department of Justice, Office budget proposal this week which re- nology, measurements and standards of Justice Programs, State and Local Law flects a pattern of record spending, and needed for new and improved products. Enforcement Assistance’’ shall be even higher taxes. This continued We have already reduced the funding $953,500,000. spending is funds that the U.S. Govern- in this account quite dramatically, and (b) The amount included in paragraph (4) under the heading ‘‘Department of Justice, ment does not have, as we continue to this would really, I think, hurt the jobs Office of Justice Programs, State and Local borrow from other countries. During effort and hurt manufacturing. Law Enforcement Assistance’’ of division B the last session of Congress alone, the Mr. DICKS. Will the gentleman of Public Law 111–117 shall be applied to President signed into law over $1.8 tril- yield? funds appropriated by this division by sub- lion in new government spending and Mr. WOLF. I yield to the gentleman stituting ‘‘$0’’ for ‘‘$185,268,000’’. over $670 billion in new job damaging from Washington. (c) Amounts included in paragraphs (1) tax hikes. My $10 million cut is an ex- Mr. DICKS. I strongly support the through (3) and paragraphs (5) through (29) ample of a difficult cut that has to be under the heading ‘‘Department of Justice, gentleman’s position here. We’ve al- Office of Justice Programs, State and Local made in our Federal budget. ready cut this account. There’s $58 mil- Law Enforcement Assistance’’ of division B Furthermore, the Department of lion in the account; a reduction of $89 of Public Law 111–117 shall be deemed to rep- Commerce has established a national million, or 60 percent below FY10. And resent the maximum amount of funding program office under the National In- the NIST does very good work. So I available under the respective paragraph. stitute of Standards and Technology to support the chairman and in opposition AMENDMENT NO. 12 OFFERED BY MR. HOLT begin development and implementation to the Latta amendment. Mr. HOLT. Mr. Chairman, I offer an of the national strategy for trusted Mr. WOLF. Reclaiming my time, amendment as a designee of the gentle- identities in cyberspace. The general again, we want science, jobs, math, woman from New York (Mrs. MCCAR- goal of this strategy is to secure and science, physics, chemistry, biology to THY). protect transactions in cyberspace create opportunities for manufac- The Acting CHAIR. The Clerk will through use of a special ID, or digital turing. designate the amendment. identity, so that people can prove who I urge a ‘‘no’’ vote on the amend- The text of the amendment is as fol- they say they are. Let me say that cy- ment. lows: bersecurity and privacy are extremely Page 202, line 16, after the dollar amount, important issues to all Americans. b 2210 insert ‘‘(reduced by $20,000,000) (increased by However, I have very strong concerns The Acting CHAIR. The question is $20,000,000)’’. that this government-directed effort on the amendment offered by the gen- The Acting CHAIR. The gentleman could destroy online anonymity, be- tleman from Ohio (Mr. LATTA). from New Jersey is recognized for 5 come the equivalent of a national The question was taken; and the Act- minutes. Internet ID, and crowd out current pri- ing Chair announced that the noes ap- Mr. HOLT. Mr. Chairman, this vate-sector efforts. That this project peared to have it. amendment is to make sure that we could potentially lead to issuance of a Mr. LATTA. Mr. Chairman, I demand continue the good work of the National unique Internet ID that would serve as a recorded vote. Instant Criminal Background Check

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H889 System. The NICS is a national data- (c) Amounts included in paragraph (1) and Act in the new redistricting plans that base system that keeps track of indi- paragraphs (3) through (8) under the heading will be coming forward. viduals who are disqualified under cur- ‘‘Department of Justice, Office of Justice But it is certainly a shame to take in rent law from purchasing and pos- Programs, Juvenile Justice Programs’’ of di- the middle of municipal budget years a vision B of Public Law 111–117 shall be sizable amount of dollars which they sessing firearms. Need I remind my col- deemed to represent the maximum amount leagues of the many reminders we have of funding available under the respective had been operating with and depended had of the need for this. paragraph. on. There are local communities in The amendment before us here seeks SEC. 1332. (a) Notwithstanding section 1101, which the COPS Program provides one to ensure that the Department of Jus- the level for ‘‘Department of Justice, Com- police officer, two police officers, 20 po- tice continues funding the NICS Im- munity Oriented Policing Services (Includ- lice officers, 30 police officers, and that provement Amendments Act of 2007 at ing Transfers of Funds)’’ shall be $290,500,000. is the very existence of that commu- the current level of $20 million. It was (b) Amounts included under the heading nity. In cities around America, cops ‘‘Department of Justice, Community Ori- have been laid off, and that should be a signed into law in January 2008 and re- ented Policing Services (Including Transfers quires all States to provide the NICS of Funds)’’ in division B of Public Law 111– decision of last resort. with relevant records that are needed 117 shall be applied to funds appropriated by When you talk about going forward, to conduct effective background this division by substituting— my question to my friends on the other checks. Additionally, the NICS Im- (1) ‘‘$15,000,000’’ for ‘‘40,385,000’’; side of the aisle is, is the purpose of provement Act provides grants to (2) ‘‘$0’’ for ‘‘$25,385,000’’; this legislative initiative job creation, States and territories to update their (3) ‘‘$1,500,000’’ for ‘‘$170,223,000’’; or job elimination? How can you do records and transmit the records to the (4) ‘‘$0’’ for ‘‘$168,723,000’’; and such damage to members of the munic- (5) ‘‘$0’’ for ‘‘$298,000,000’’. NICS database. ipal workforce that are on the front (c) Amounts included in paragraph (1) and lines serving local communities? NICS is a critical tool in the fight to paragraphs (4) through (8) under the heading keep firearms from those legally dis- The COPS Program has been an enor- ‘‘Department of Justice, Community Ori- mous success. It has survived several qualified from purchasing and pos- ented Policing Services (Including Transfers sessing them. The only way to enforce of Funds)’’ of division B of Public Law 111– administrations, Republican and Dem- the law is to ensure that NICS has up- 117 shall be deemed to represent the max- ocrat. And to suggest that the COPS to-date records from State and Federal imum amount of funding available under the Program would be obliterated or at sources. respective paragraph. least devastated in such an amount We understand the constraints on the AMENDMENT NO. 240 OFFERED BY MS. JACKSON would, from my perspective, be the Federal budget. However, by con- LEE OF TEXAS wrong direction to go. COPS academy tinuing to fund this program at the Ms. JACKSON LEE of Texas. Mr. classes have been put on hold. Mayors current FY10 level, we continue the Chairman, I have an amendment at the have eliminated classes. I have seen vital effort to keep guns out of the desk. that in cities around America, and as hands of people who should not have The Acting CHAIR. The Clerk will members of the House Judiciary Com- them. designate the amendment. mittee, we have had several encounters I encourage Members to support this The text of the amendment is as fol- of eliminating COPS funding. amendment. lows: This amendment simply strikes the Had I had the floor before, I would elimination or the intent to eliminate Amendment to Strike Section 1332 of Title a certain amount of funding for the have offered an amendment to restore III, which reduces the funding level for the the $310 million that was cut from the Department of Justice, Community Oriented COPS Program. As a member of the lifesaving Community Oriented Polic- Policing Services to $290,500,000. Homeland Security Committee, I would ask my colleagues to ask them- ing, or COPS Program, but I was de- Mr. WOLF. Mr. Chairman, I reserve a selves the question, do the American nied that opportunity. So I ask for sup- point of order against the gentle- people deserve safety and security in a port for the amendment from Mrs. woman’s amendment. time where we continue to face inter- MCCARTHY and me to fund the NICS The Acting CHAIR. A point of order national and homeland security Improvement Amendments Act. is reserved. threats here in the United States? Do- I yield back my time. The gentlewoman from Texas is rec- mestic law enforcement is a key ele- Mr. WOLF. Mr. Chairman, I rise in ognized for 5 minutes. ment in providing that kind of safety support of the amendment. Ms. JACKSON LEE of Texas. I thank net. The Acting CHAIR. The gentleman the gentleman, and I thank the rank- from Virginia is recognized for 5 mining member and, of course, the man- b 2220 utes. ager for the majority. Training, the opportunity for secu- Mr. WOLF. The Appropriations Com- Mr. Chairman, I rise for a very im- mittee will be requiring the Depart- rity, and the opportunity for ensuring portant discussion as a member of the that hamlets, towns, cities, and rural ment of Justice to come back to the House Judiciary Committee and some- committee with a spending plan out- communities, counties, do not have to one who truly believes that the COPS suffer through the crisis of the lack of lining how it intends to use the funds Program that has been initiated over a security. provided for State and local law en- long tenure of time has truly brought So I would ask my colleagues to con- forcement. We accept the amendment. down the crime statistics across Amer- sider a waiver so that we can address Mr. DICKS. Mr. Chairman, if the gen- ica. Whether you are a rural hamlet or this question of the funding of a very tleman will yield, we accept the whether or not you happen to be a important program. And I might add amendment on our side too. The Acting CHAIR. The question is major city, the COPS Program has that I look forward to working with on the amendment offered by the gen- been an anchor for security for neigh- the Senate to restore those salaries to borhoods who cannot afford to pay for the Department of Justice so that we tleman from New Jersey (Mr. HOLT). The amendment was agreed to. their own private police services. do not have to undermine the enforce- The Acting CHAIR. The Clerk will This amendment restores the $600 ment of an enormously important leg- read. million that is offered to be taken from islative initiative, one that Martin Lu- The Clerk read as follows: the present funding, and it restores or ther King and our colleague, JOHN SEC. 1331. (a) Notwithstanding section 1101, would prevent the taking of 1,330 cops LEWIS, fought hard for and one that has the level for ‘‘Department of Justice, Office off the street, and as well it will pro- withstood the test of time—and that is of Justice Programs, Juvenile Justice Pro- vide the safety net that is necessary. enforcement of the Voting Rights Act. grams’’ shall be $232,500,000. If I had had command of the floor How could we? And I look forward to (b) The amount included in paragraph (2) earlier, I would have also added to this working with the Senate for allowing under the heading ‘‘Department of Justice, discussion the elimination of salaries that to go forward as well as to be able Office of Justice Programs, Juvenile Justice Programs’’ of division B of Public Law 111– that are eliminating the use of re- to enforce the values or the laws, the 117 shall be applied to funds appropriated by sources for the enforcement of the Vot- requirements of the Voting Rights Act, this division by substituting ‘‘$0’’ for ing Rights Act and the resources nec- as relates to the 2011 redistricting that ‘‘$91,095,000’’. essary to enforce the Voting Rights will take place in the coming months.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H890 CONGRESSIONAL RECORD — HOUSE February 15, 2011 I yield back the balance of my time. way. They save money because local- Republicans are swinging a meat ax POINT OF ORDER ities don’t need to raise taxes to keep rather than a scalpel—the COPS pro- Mr. WOLF. Mr. Chairman, the these cops on the street. gram, police officers, cops on the beat. amendment proposed a net increase in So I think the gentlelady’s amend- The COPS program has been a suc- budget authority. Before I comment on ment is a net budget reducer, net budg- cess not just because it’s been a big- it; one, this does not cut the Voting et saver. Sometimes we invest in city program. You’ve got COPS over Rights Act. So that’s not accurate. things here that save money, and the the first 10 years of the program in This does not, this does not, this does gentlelady’s amendment does that. So every single State. Every single com- not cut the Voting Rights Act. it’s in compliance with the rule. munity has had an increase because of The Acting CHAIR. The gentleman The Acting CHAIR. The Chair is pre- police officers. And I thought being may state his point of order but not en- pared to rule on the point of order. tough on crime was a Republican ideal. gage in debate on the issue. The gentleman from Virginia makes You slash this funding and what’s Mr. WOLF. Mr. Chairman, the a point of order that the amendment going to wind up happening is your lo- amendment is not in order under sec- offered by the gentlewoman from Texas calities are going to have one of two tion 3(j)(3) of House Resolution 5 of the violates section 3(j)(3) of House Resolu- choices: Lay off police officers or raise 112th Congress, which states, ‘‘It shall tion 5. taxes some other way. It’s going to be not be in order to consider an amend- Section 3(j)(3) establishes a point of a net zero effect because they’re going ment to a general appropriations bill order against an amendment proposing to want to keep these cops on the beat. proposing a net increase in budget au- a net increase in budget authority in So where do we take the money to re- thority in the bill unless considered en the pending bill. place just the hiring component? We’re bloc with another amendment or The Chair has been persuasively not going to replace the whole pro- amendments proposing an equal or guided by an estimate from the chair of gram, just the hiring component. We’re greater decrease in such budget author- the Committee on the Budget that the going to take it out of space explo- ity pursuant to clause 2(f) of rule XXI. amendment proposes a net increase in ration. I want to go see Mars, too, but The amendment proposes a net in- budget authority in the bill. Therefore, I’d much rather have cops on the crease in budget authority in the bill the point of order is sustained and the streets of Brooklyn and Queens. I want in violation of such section. amendment is not in order. it for all of your districts as well. The Acting CHAIR. Does any other AMENDMENT NO. 125 OFFERED BY MR. WEINER, But let’s face a little something Member wish to address the point of AS MODIFIED about this budget. It’s an irresponsible order? Mr. WEINER. Mr. Chairman, I have budget you’ve put on the floor. I’m The Chair recognizes the gentle- an amendment at the desk. sure Mr. DICKS would agree it’s irre- woman from Texas. The Acting CHAIR. The Clerk will sponsible to slash air traffic controllers Ms. JACKSON LEE of Texas. Mr. designate the amendment. 20 percent. Who thinks that’s a good Chairman, as I indicated before, first of The text of the amendment, as modi- idea? It’s irresponsible to cut 1,500 cops all, the gentleman was mishearing fied, is as follows: on the street. Who thinks that’s a what I said. I indicated that I had an Page 203, line 23, after the dollar amount, great idea? It’s irresponsible to say to earlier amendment that I decided not insert ‘‘(increased by $298,000,000)’’. middle class parents who are getting to offer because I intend to work with Page 204, line 8, after the first dollar Pell Grants, Sorry, your kid can’t go to the other body on it. But it would have amount, insert ‘‘(increased by $298,000,000)’’. college next year. Who thinks that’s a diminished the ability to enforce the Page 206, line 10, after the dollar amount, good idea? Voting Rights Act. That is not what insert ‘‘(reduced by $298,000,000)’’. The President has said that he’s we’re speaking of today. The Acting CHAIR. The gentleman going to veto this bill. Why don’t we The Acting CHAIR. The gentlewoman from New York is recognized for 5 min- stop right now, roll it up, fold it up, go needs to address the point of order. utes. back and try to get this right? Let’s Ms. JACKSON LEE of Texas. Mr. Mr. WEINER. Thank you, Mr. Chair- try to come up with a commonsense Chairman, I wanted to clarify that I man. Before I proceed, I would make a budget. We know there are going to be was not speaking on this amendment. unanimous consent request. There’s a cuts that are necessary. But to the In this amendment I’ve simply asked typographical error that should say COPS program? for a waiver. Frankly, this is too im- $298 million, and it has only 5 zeros. So We’ve got to understand here that portant an issue to be addressed by the in the two places that that is stated, I these are going to require some tough gentleman’s point of order. I ask for a ask unanimous consent to add the choices. And I had a joking exchange waiver. This is denying, if you will, extra zero so it makes sense. with Mr. DICKS earlier, I think we can huge amounts of money to many mu- The Acting CHAIR. Is there objection get more from Defense, I think we can nicipalities all across this Nation. And to the request of the gentleman from get more from Agriculture. I get it. $600 million is absolutely ludicrous. It New York? But, frankly speaking, I believe that causes a loss of jobs and a loss of safety There was no objection. there are some values that should tran- for the United States. The Acting CHAIR. The amendment scend politics and transcend commu- I ask for a waiver on the point of is so modified. nities—and one of them is how many order. Mr. WEINER. Mr. Chairman, my col- police officers. The Acting CHAIR. The Chair is pre- leagues, this is to restore the COPS And not only are there a lot of cops pared to rule. program and take money out of space. going to these communities; let’s look Mr. WEINER. Mr. Chairman, I would But before I do that, I really have to at what’s happening. In Jackson, Mis- like to be heard on the point of order. say I don’t think this process is on the sissippi, 347 cops, they had a 12 percent The Acting CHAIR. The gentleman level. What are we doing here? We’re reduction in crime; Detroit, Michigan, from New York is recognized. figuring out which diminished amount 500 cops, a 7 percent reduction; Boston, Mr. WEINER. The intention of the we’re going to take from to restore an- Massachusetts, almost a 29 percent re- rule that the chairman is referring to other diminished amount. This bill duction in crime. This is a good law en- is to make sure we’re not adding any isn’t going to become law. The Presi- forcement program. additional spending. But in fact, by dent today said that he is going to veto So I will say on behalf of all my col- cutting the COPS program, you’re ac- this bill, as he should. It slashes fund- leagues, and Congressman GRIMM is tually adding an enormous amount of ing on so many important things to our supportive of this; Congressman expenditure in the long run. And what communities. I bet you most of the au- DEFAZIO I think is here; Congressman the gentlelady is going to being doing thors of the bill are praying that he ve- COHEN is here; Congressman PALLONE I by preserving COPS on the street, you toes this bill. But the fact is we’re kind know is interested in this; and we have less crime, lower insurance rates, of in here playing this game. We’re try- know Congresswoman JACKSON LEE. less costs for prevention. You wind ing to take from one slashed account Congressman REICHERT on your side is up—COPS on the beat wind up saving and move funds to another slashed ac- interested. I can tell you this: If we money. They save money in another count, but in the clear case of how the asked every person to stand up who had

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H891 COPS hired in their district, every one ings, procurement support for NASA’s amendment zeros out the COPS proof you would have to stand up. It’s $16 billion in annual contracts, and gram. It isn’t a simple change in elimi- going to all 435 districts. So let’s keep safety and mission assurance to pre- nating some of the moneys. It elimi- that program going. vent spaceflight accidents. To do this, nates the program, and that’s a mis- Now, do I like the idea we have to you would almost guarantee that take. take it from NASA space exploration? I something could potentially happen. Local police are struggling with don’t know any of the crime statistics I teach security to prevent the Chi- shrinking budgets. Tax rates are down on Mars, and I’m interested, but it’s a nese from having cyber attacks. We as people have spent less money, so we bad choice. If any of you like space ex- had hearings the other day, and we don’t have the money to support our ploration, so do I. In a way, I’m playing learned that the Chinese have had police and to keep our law enforcement the game too. I’m taking from one cyber attacks against NASA’s com- at the levels they should be. To cut po- place to give to another. But I do be- puters. This amendment would say lice and law enforcement is a mistake, lieve it’s in the interest of all of us to that it’s okay, that we can have the a serious mistake that’s going to cost try to set these priorities straight. cyber attacks. We’re going to put it the American people. You can’t put it down in dollars and b 2230 somewhere else. In addition—and I see the gentlelady cents. Lives will be lost. Property will One of the things we can do is vote from Houston is here—this amendment be lost. Insurance rates will go up. This ‘‘yes’’ on the Weiner amendment and will cost NASA’s civil servants and is one place among others, but particu- then do something else. contractors between 1,500 and 2,000 larly here, they’re the first line of de- It’s late. We’ve gone through this ex- jobs. fense. Of the police powers of the State, ercise for a while. Since it’s really a Had President Obama done what he the first one is safety. Kabuki dance and since we know that should have done by appointing that There are other areas where you this document isn’t going to become commission, we wouldn’t even have could save money. If you want to keep law—the President has already said had any cuts here. We would have been the budget and cut it, there are a lot of he’s going to veto it, and we already doing what we had to do. Since we’re defense programs that could be cut. know the American people are not talking about crime, Willie Sutton said There are defense programs that are going to sit back for a 20 percent reduc- he robbed banks. The reason he robbed not effectively keeping us safe from tion in air traffic controllers—how is it banks is that that’s where the money foreign problems or from foreign adver- a Republican ideal to make the air is. The money is in entitlements. Had saries, but our streets in every city in traffic less safe? How is that a value we dealt with the Obama commission this Nation and every hamlet has the that somehow drove this Congress? of Simpson-Bowles, we would not be need for police. To cut this COPS pro- That shouldn’t be nor should it be where we are today. gram is simply irresponsible, and it that we reduce the number of police of- I yield back the balance of my time. disregards the American public’s re- ficers on the streets. That’s not who we Mr. COHEN. Mr. Chairman, I move to gard and need for safety on the streets are as a country. It’s not who we strike the last word. and for safety in their communities. should be as a Congress. So I hope you The Acting CHAIR. The gentleman We should support our police and make support the Weiner amendment by tak- from Tennessee is recognized for 5 min- our streets safer. ing from Mars and putting it in the utes. I would ask that we support this streets of your district. Mr. COHEN. Willie Sutton would love amendment. I would ask that the peo- I think it’s late. Let’s fold up the rest it if the cops weren’t trying to protect ple on the other side understand that of the bill. Let’s go back. Let’s have the banks—that would be great—but law enforcement is a primary concern some bipartisan discussion, and let’s the cops are important. of government and that a reduction of try to figure out how to do this in a Mr. Chairman, my first job out of law this program or the elimination of this way that the President won’t veto it. school was as an attorney for the Mem- program will cost the American public I yield back the balance of my time. phis Police Department. One of the dearly, and lives will be lost. Mr. WOLF. Mr. Chairman, I rise in first things I learned is that the best I yield back the balance of my time. opposition to the amendment. deterrent to crime is patrol, and patrol Mr. SCHIFF. Mr. Chairman, I move The Acting CHAIR. The gentleman is policemen on the beat. That is the to strike the last word. from Virginia is recognized for 5 min- most effective way to reduce crime. The Acting CHAIR. The gentleman utes. When you have high unemployment, from California is recognized for 5 min- Mr. WOLF. I would tell the gen- when you have a great recession like utes. tleman that the President of the we’ve experienced with high unemploy- Mr. SCHIFF. Mr. Chairman, I fully United States failed to do what he was ment, crime naturally does go up. support the effort to restore funding to elected to do—that was to lead this When you have crime go up, you need the COPS Hiring Program. country—by rejecting the Simpson- more cops to protect property and indi- We should absolutely look for savings Bowles commission recommendation. viduals and lives. and reduce costs in the Federal budget, Mr. Chairman, President Obama sup- This COPS program has been success- but we should not be withdrawing supported and appointed the people to the ful. It was successful in the 1990s, and port for law enforcement while cities Simpson-Bowles commission. Then we we saw a tremendous decrease in and towns across the country are saw in the State of the Union message crime. As Mr. WEINER pointed out—and struggling to maintain their police that none of the cuts that are being I praise him for being a champion of forces. done tonight would have had to have this for so many years—this has been A good example is Camden, New Jer- been done had the President done what an effective program that has saved sey, which was forced by budget short- he should have done with regard to the lives and property, that has kept insur- falls to lay off 168 police officers last Simpson-Bowles commission. ance rates down, and that has kept month. The city recently raised prop- If I had been appointed to the Simp- order and liberty in our country. erty taxes enough to restore about 20 son-Bowles commission, I would have Willie Sutton would not be for this percent of those positions, but law en- been supportive of it. If TOM COBURN amendment. He’d like to see the cops forcement in the city is still woefully and DICK DURBIN can be in support of off the streets, away from the banks, understaffed. it, hopefully we can come together in a away from the widows, away from the The CR cuts COPS programs by $501 bipartisan manner; but all of the oppo- children, away from everybody who is million, including a reduction of $298 sition would not even have had to take in the arms of a potential crime, in the million that specifically zeros out the place if the President had not failed to way of a potential crime, and that’s COPS Hiring Program. The elimination provide the leadership that he failed to something we shouldn’t have in this of COPS Hiring would result in 1,330 provide. country. fewer cops hired or rehired in FY11 This bill makes deliberate choices The cost to get rid of this program compared to FY10, or 3,000 fewer cops within NASA to strike an appropriate would be tremendous. The fact is the hired or rehired in FY11 compared to balance between achieving budget sav- COPS program saves money, and this the FY11 request of $600 million.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H892 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Camden and many other cities and b 2240 who showed us the charts about what it towns across the country still need This is a cross-agency support budget has meant right across the United Federal assistance to help them get which has gone up six times, 600 per- States of America. We’re making a big through this difficult economic period, cent in 2 years, and it’s going to go up mistake here. Throughout the United and that is exactly what this amend- again here today, and we’re going to States of America, everybody, citizens ment is designed to do. slash the heck out of the COPS pro- know that when they see police officers By restoring funding for COPS Hiring gram. Now, go home and explain that walking the beat, they know there is a grants, Camden and other municipali- to your constituents. You can’t even priority that the Federal Government ties across the country could get say, Look up there, because it’s not a has not forgotten. grants to cover the 3-year cost of rehir- satellite. It’s not headed to the Moon I ask you, you cannot do to police of- ing officers they were forced to lay off or to Mars. You have to say, Hey, it’s ficers and you cannot do to firefighters or of hiring new officers they need but the cross-agency support budget at what this budget, at least for the next have been unable to afford. After 3 NASA, and when the criminal is break- 6 months, is being represented by the years, when the economy is expected to ing down your door, call NASA. That other side. We are going to take up a be in much better shape, these munici- probably isn’t going to work too well. FIRE Act pretty soon, the SAFER Act palities would be required to take on This not only supports police on the pretty soon with our firefighters. We the costs of these officers. streets in overstretched agencies, it can’t do this. We can’t pat them on the While I support the gentleman’s supports—and we’ve had a lot of talk back and say, Great job. We can’t go to amendment and strongly believe we about urban America—sheriffs in our the parades and say, Look at this; this should restore funding for the COPS rural areas which are woefully is the protection we have in America, Hiring Program, I am deeply concerned unpoliced, and in my district we’ve got and do this in a program that’s suc- about the offset the amendment relies money out of this account which cessful. upon. you’re cutting by 65 percent to go after No one has stood and questioned the NASA’s Cross-Agency Support ac- methamphetamine manufacturing and success of either of these programs. No count funds many of the vital efforts of Mexican cartels moving methamphet- one. I haven’t heard one word tonight. the NASA centers across the country. amine up the West Coast of the United If a program wasn’t working, if cops Currently, there is a backlog of de- States. We’re going to cut that 65 per- weren’t doing their job on the beat, ferred maintenance needs at NASA fa- cent because it’s more important that then you’d stand and you would defend cilities, and this backlog has been we fund the cross-agency support budg- that particular position. growing at the rate of about 9 percent et of NASA and we increase it by 600 This is not the way to do it. This is a year. Cutting funding for this ac- percent in 2 years and we decrease not the way to protect the homeland. count will only make NASA’s mainte- funding for COPS and sheriffs and drug This is not the way to pat police offi- nance backlog worse and will impede reduction in our communities, in our cers on the back and then send them NASA’s mission. schools, in our rural areas by 65 per- out there without the resources and We need to fund both NASA’s Cross- cent. without their brothers and sisters Agency Support and COPS Hiring at Well, you go on home and campaign fighting alongside of them to protect adequate levels, and I hope, by the end on that, and I will be campaigning on the United States of America. of this process, we can find a way to do my issues. Mr. Chairman, this is a very serious that. Mr. PASCRELL. Mr. Chairman, I problem. We argue vociferously on this floor to protect the soldier in the field Mr. Chairman, I yield back the bal- move to strike the last word. The Acting CHAIR. The gentleman in foreign lands. I’m here today to sup- ance of my time. from New Jersey is recognized for 5 port DEFAZIO, WEINER, and the rest of Mr. DEFAZIO. Mr. Chairman, I move minutes. the folks who have talked on this, to to strike the last word. Mr. PASCRELL. We used to argue at defend our police officers on the street. The Acting CHAIR. The gentleman one time on this floor whether or not We owe them no less. I ask you to re- from Oregon is recognized for 5 min- to help communities to support the po- store this money, the money that has utes. lice department. We argued here on been taken away in this 7-month budg- Mr. DEFAZIO. When I was first elect- this floor as to whether this was a Fed- et. I don’t think it’s fair, and I don’t ed to office, I served with a very con- eral issue, whether the Federal Govern- think it’s wise. servative Republican, and he used to ment had any responsibility in terms The Acting CHAIR. The question is say that government is about roads and of firefighters—I remember the de- on the amendment offered by the gen- rope. bates—and police officers, and we made tleman from New York (Mr. WEINER). He was talking about the basis for a decision on a bipartisan basis that it The question was taken; and the Act- our system here in America—the ba- was a responsibility because we needed ing Chair announced that the noes ap- sics. He was talking about transpor- to protect the homeland. peared to have it. tation, the Boston Post Road, the So Democrats and Republicans sup- Mr. WEINER. Mr. Chairman, I de- original roads of America that tied a ported the protection in trying to help mand a recorded vote. young Nation together on rope. He was communities fight crime and put out The Acting CHAIR. Pursuant to talking about law enforcement here on fires. We made that on a bipartisan clause 6 of rule XVIII, further pro- Earth, law enforcement protecting basis, and it is a shame that we do not ceedings on the amendment offered by American citizens from criminals. even consider the COPS program as the gentleman from New York will be Now, somehow the Cross-Agency part of homeland security because, if postponed. Support account, which is an unbeliev- you don’t have it here, you have it no- Mr. SCOTT of Virginia. Mr. Chair- able catchall slush fund at NASA where. This is a security issue. It is a man, I move to strike the last word. which has grown in the last 2 years priority. How many officers in the past The Acting CHAIR. The gentleman is from $550 million to $3 billion and 2 months have been shot down doing recognized for 5 minutes. which will actually be increased in this their job in this country? Double last Mr. SCOTT of Virginia. Mr. Chair- continuing resolution by $36 million, is year. And we know that small commu- man, the CR’s proposal before us pro- more important than defending the nities and large communities have poses to cut $190 million from juvenile American people from criminals, from taken advantage of the COPS program. justice programs. That cut is short- lawbreakers, which is the most basic This is important to our communities. sighted and misguided. Cutting effec- requirement of the Government of the I was a mayor of the third largest tive crime prevention programs is United States. city in New Jersey. I know what those penny wise and pound foolish because Now, this isn’t even like real stuff at police officers on the street in the com- we have reams of research and dem- NASA. It’s not the fantasy about going munities mean to protecting folks in onstration programs to show that evi- to Mars or any of the other things my town where I still live. I know the dence-based crime prevention programs they’re engaged in for many billions of results. Since 1992, I know those results save a lot of money in avoided law en- dollars. inside and out. You heard Mr. WEINER, forcement, victim, incarceration, and

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H893 other expenditures and actually save SEC. 1335. (a) Notwithstanding section 1101, 2012, to ensure that we orient NASA more than the programs cost. the level for ‘‘National Aeronautics and away from duplicative climate re- The current Justice Department is Space Administration, Space Operations’’ search missions and back to its unique making excellent progress in assuring shall be $5,946,800,000. human space flight mission. (b) The proviso specifying amounts under Mr. Chair, I would like to yield to that crime prevention programs and the heading ‘‘National Aeronautics and funding are only used for those pro- Space Administration, Space Operations’’ in Chairman WOLF for the purpose of en- grams that have proven their effective- division B of Public Law 111–117 for oper- gaging in a colloquy. ness through vigorous evaluation and ations, production, research, development, Mr. WOLF. I thank the gentleman. study and programs that have shown and support of the Space Shuttle and the It’s my understanding that the gen- their effectiveness. I can see that cut- International Space Station and for Space tleman is withdrawing the amendment. ting unproven programs as a result of and Flight Support shall not apply to funds I want to thank the gentleman for rais- earmarks that haven’t gone through appropriated by this division. ing some critically important points that vigorous demonstration would be AMENDMENT NO. 78 OFFERED BY MR. OLSON about the value of NASA’s human ex- appropriate, but the programs in the Mr. OLSON. Mr. Chairman, I have an ploration program and the need to Justice Department should not be cut. amendment at the desk. fully support it. And no one is a strong- Mr. Chairman, there are a lot of or- The Acting CHAIR. The Clerk will er supporter of NASA than the gen- ganizations that have written in oppo- designate the amendment. tleman from Texas, except maybe Mr. sition of the cuts in the juvenile justice The text of the amendment is as fol- CULBERSON who is equally supportive. I share his concern with ensuring ex- programs. They include the National lows: ploration is adequately funded and that Disability Rights Network, the Cam- Page 205, line 25, after the dollar amount NASA remains on a clear path to paign for Youth Justice, the Children’s insert ‘‘(reduced by $517,000,000) (increased by achieve the human space flight goals Law Center, the National Council for $517,000,000)’’. laid out in last year’s authorization. I Community Behavioral Healthcare, The Acting CHAIR. The gentleman will be happy to work together as The Afterschool Alliance, the Cam- from Texas is recognized for 5 minutes. closely as we possibly can to finish FY paign for Fair Sentencing of Youth, b 2250 2011 and move forward into FY 2012 to and the Coalition for Juvenile Justice. maintain a robust human space flight Mr. Chairman, last month we passed Mr. OLSON. Mr. Chair, I rise today in program at NASA, just as Mr. OLSON a tax bill that increased the deficit by support of my amendment to shift funds in the NASA budget. I appreciate would like it to be. $400 billion a year for 2 years. Now, we In doing so, I agree that it will be obviously need to cut the budget to pay the work that Chairman WOLF and his colleagues have put into drafting this necessary to identify and eliminate du- for those tax cuts, but cutting funding plicative, wasteful, or lower-priority for juvenile justice programs that are bill. I know how tough it must have been. We were elected to make tough activities in NASA’s science programs proven to save more money than they or any other NASA account, for that cost is not the right thing to do. We decisions, to cut spending, and to put our fiscal house in order. In our Na- matter, so that we can remain on a need to defeat this bill and come back sustainable overall budget path. I look with a bill that fully funds the juvenile tion’s current fiscal situation, we must set clear and prudent guidelines on how forward to working with the gentleman justice programs so that we can save and our colleagues who support NASA our limited tax dollars are spent. I pro- money and reduce crime. and thank him for his continuing ef- pose today that we set such limits The Acting CHAIR. The Clerk will forts in this area. read. within NASA to get better use out of Mr. OLSON. I yield back the balance The Clerk read as follows: our money. of my time. Climate research is currently con- SEC. 1333. (a) The percentage limitations Ms. JACKSON LEE of Texas. I move on transfers between appropriations of the ducted in 16 different agencies, includ- to strike the last word. Department of Justice described in section ing NASA, and received over $35 billion The Acting CHAIR. The gentlewoman 205 of division B of Public Law 111–117 shall through stimulus and last year’s appro- is recognized for 5 minutes. not apply to funds provided by this division priations bills. Human space flight is Ms. JACKSON LEE of Texas. I rise to to the Department of Justice, or provided conducted in exactly one agency, support the amendment that Mr. under previous appropriations Acts to the NASA. In this tight budget cycle, we OLSON has offered, and I am delighted Department of Justice that remain available must reduce duplicative spending and that we have the opportunity to work for obligation or expenditure in fiscal year target our resources where they will be 2011, or provided from any accounts in the together collaboratively with the Treasury of the United States derived by the most beneficial. The 15 other agencies chairman and with Mr. DICKS on this collection of fees available to the Depart- conducting climate research can pick very important issue. ment of Justice. up the slack while freeing up resources I would like to say publicly that (b) The transfer authority provided in sub- for NASA to make a truly unique con- Democrats and Republicans in the section (a) shall pertain only to transfers tribution, maintaining U.S. dominance State of Texas have worked enthu- into the following accounts: ‘‘Department of in human space flight. siastically together on supporting Justice, Salaries and Expenses, United Accordingly, my amendment pro- NASA and human space exploration. States Attorneys’’; ‘‘Department of Justice, poses to reallocate $517 million that United States Marshals Service, Salaries and I’m sorry that I will not have the op- Expenses’’; ‘‘Department of Justice, Federal could be spent on NASA’s science pro- portunity to support Mr. OLSON’s Bureau of Investigation, Salaries and Ex- grams so that it will instead be avail- amendment or vote for it. He is abso- penses’’; ‘‘Department of Justice, Drug En- able to maintain stable operations for lutely right, human space flight is con- forcement Administration, Salaries and Ex- human space flight. The amendment ducted in exactly one agency, NASA, penses’’; ‘‘Department of Justice, Bureau of does not—does not change the overall and the general Houston area and Alcohol, Tobacco, Firearms and Explosives, NASA funding level. It simply reallo- Texas are impacted enormously. We Salaries and Expenses’’; and ‘‘Department of cates within the total. have already lost 4,000 jobs. There will Justice, Federal Prison System, Salaries and I understand the tough task this CR Expenses’’. be a decrease of $1 billion going to (c) Any transfer pursuant to this section has been for our appropriators. It is NASA Johnson. That will impact the shall be treated as a reprogramming of funds never easy to tell people they must do transition, if you will, in human space under section 505 of division B of Public Law more with less. NASA has been doing exploration. One very well known 111–117 and shall not be available for obliga- more with less for almost a decade, and member of our community, Captain tion except in compliance with the proce- that is why I am offering this amend- Mark Kelly, the husband of our dear dures set forth in that section as amended by ment. and beloved Member, Congresswoman this division. I appreciate this opportunity to dis- GIFFORDS, will have the opportunity to SEC. 1334. Notwithstanding section 1105, cuss NASA priorities with Chairman the proviso limiting the use of funds under be on one of the final shuttles. the heading ‘‘National Aeronautics and WOLF and my colleagues. And I ask for But what most of us are not aware of, Space Administration, Exploration’’ in divi- Chairman WOLF’s commitment to work because our memory fades, is how sion B of Public Law 111–117 shall not apply with me going forward as we begin the much we gained from human space ex- to funds appropriated by this division. appropriations process for fiscal year ploration. Research in HIV/AIDS and

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H894 CONGRESSIONAL RECORD — HOUSE February 15, 2011 stroke and heart disease and weather both the administration and the lead- There was no objection. research, all improving the quality of ership of NASA that it is Congress’ in- Mr. SCHIFF. Mr. Chairman, I move life for Americans. So I stand solemnly tent that human space flight should to strike the last word. behind continuing to fund human space not and cannot be ignored or The Acting CHAIR. The gentleman exploration and join Mr. OLSON in the marginalized. from California is recognized for 5 min- leadership that he has given. As Representative OLSON just men- utes. This is a tight budget, but the Presi- tioned, the purpose of this amendment Mr. SCHIFF. I will be very brief since dent talked about investing in com- is to highlight the administration’s ap- the gentleman withdrew the amend- petitiveness, creating jobs. NASA cre- proach to NASA and the direction in ment. ates jobs. It creates jobs for small busi- which it’s heading. At a time when un- I am a big fan and supporter of our nesses. It creates jobs for large con- employment is at 12 percent in Florida manned spaceflight program, which I tractors. It creates thousands upon and 9 percent nationwide and our coun- think has just an extraordinary record thousands of jobs. So I hope in this in- try is facing trillion-dollar deficits, I of achievement and is enormously im- stance that we can speak in a bipar- believe that limited Federal funds are portant to our position in the world in tisan manner to speak to the adminis- better invested in NASA’s human space terms of our leadership in science. It is tration on the value of continuing to flight program, not climate change re- also very important to many of the support NASA. It is difficult when we search. Doing so will help to put people space centers around the country in have a CR that, in fact, is cutting mil- back to work and stimulate the econ- terms of the important jobs that it pro- lions from the NASA budget, and I omy. vides. For the last half century, the United would hope that there would be a rec- But I don’t want to see us rob Peter States has made a commitment to ognition that it is important to put to pay Paul within the sciences, to go human space exploration, creating $517 million back into NASA, as was of- after the earth sciences budget, which thousands of jobs and contributing to is also critically important to the Na- fered by this amendment. the economies of places like central I can’t imagine a Nation without the tion’s future. When we look at some of Florida, Texas, Mississippi, and Ala- the breathtaking and disastrous weath- ability for young people to aspire to bama. the heights of those who have gone on er patterns that we have seen around With the shuttle program winding the world, whether it was the incred- before, those who have been astro- down and the Constellation program no nauts, those who have explored the ible and tragic flooding in Australia or longer a priority for this administra- that in South America, the ability to skies, those who have done enormously tion, I want the American people lis- important research on the various trips understand better the nature of our cli- tening today to understand the fear mate and climate change is not only that have been taken that have pro- and uncertainty felt by hardworking extraordinarily important in terms of vided the research and as well the families throughout central Florida saving lives but in terms of under- space station which has been an enor- and the 24th District. They need to standing what is happening to our mous asset that has brought inter- know the great benefits that NASA’s planet. national partners together and helped human space flight program has We also derive a lot of commercial develop science that could not be de- brought to this Nation in the past and benefits from our investment not only veloped before. how a policy shift from NASA-adminis- in earth science but space science as Having traveled to most of the cen- tered human space flight to increased well. These investments pay enormous ters that are under the NASA adminis- research on potential climate changes tration, each and every one that I have would devastate the economy of cen- dividends in technologies that have be- been to has had the quality of staff tral Florida and many other regions of come a part of all of our homes now. So that have been doing their job in the our country. this is investment that I think we want to continue to make and make strong- name of progress for the American peo- b 2300 ple. So I’m disappointed with this CR ly. And while I, again, am a fervent sup- that has caused these enormous cuts, The facts are that in Fiscal Year porter of our manned spaceflight pro- and I would hope that we have the op- 2010, the President designated $1.2 bil- gram, I don’t think any one portion of portunity to restore them. lion of NASA’s total budget towards Where are we if we quash the genius climate change research. This is on top our space budget or science budget of America? Where are we if we extin- of the 16 separate agencies and depart- ought to be cannibalizing the other. We guish the dreams of young students ments outside of NASA that spent an do have to make sacrifices, and we’re and scientists around America? Where additional $8.7 billion on climate going to have to scrutinize every pro- change research in the same fiscal are we if we quash the jobs that can be gram that is not working well or not year. Now the President’s Fiscal Year created by science? NASA is an asset efficient, eliminate any waste, elimi- 2012 proposed budget allocates even and a jewel. And I hope together in this nate even programs that are working more funding for this type of research. Congress, and of course working to- but not working well enough. As NASA’s human spaceflight pro- But in terms of our investment in the gether with the administration, we can gram hangs in the balance, and the future, in terms of our investment in realize it once and for all. Why we have tens of thousands of jobs the program understanding our planet, it would be, to battle so hard for something that supports along with it, it is time for I think, very shortsighted for us to be has done so much for the American Congress to return NASA’s directives cutting those budgets and cutting that people baffles me. I look forward to the and goals back to the congressional in- vital research. reinvestment in science and competi- tent and the original agency mission: I thank the gentleman for with- tiveness. I thank the gentleman for his keeping America in front as a global drawing the amendment. leadership, and I hope we’ll be able to leader in space exploration and helping I yield back the balance of my time. work in a bipartisan manner. to rebuild struggling communities in The Acting CHAIR. The Clerk will I yield back the balance of my time. the process. read. Mrs. ADAMS. Mr. Chair, I move to In closing, I would like to thank Rep- The Clerk read as follows: strike the last word. resentatives OLSON and POSEY for SEC. 1336. (a) Notwithstanding section 1101, The Acting CHAIR. The gentlewoman working with me in drafting this the level for ‘‘National Aeronautics and from Florida is recognized for 5 min- amendment, and to Chairman WOLF for Space Administration, Cross Agency Sup- utes. agreeing to work with our offices as port’’ shall be $3,131,000,000. Mrs. ADAMS. Mr. Chairman, I rise the regular Fiscal Year 2012 appropria- (b) The set-asides under the heading ‘‘Na- today to join my colleague, Represent- tions process proceeds. tional Aeronautics and Space Administra- ative OLSON, in support of an amend- Mr. OLSON. Mr. Chairman, I ask tion, Cross Agency Support’’ in division B of ment to transfer $517 million out of Public Law 111–117 for center management unanimous consent to withdraw the and operations, independent verification and NASA’s climate change research fund amendment. validation activities and projects specified in and into human space flight, a proven The Acting CHAIR. Is there objection the explanatory statement accompanying economic driver and job creator. This to the request of the gentleman from that Act shall not apply to funds appro- amendment sends a clear message to Texas? priated by this division.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H895 Mr. LIPINSKI. Mr. Chairman, I move ward and promise to work with him on Mr. WOLF. Mr. Chairman, I reserve a to strike the last word. these issues to resolve it, that we pro- point of order on the gentleman’s The Acting CHAIR. The gentleman tect the issues that the gentleman’s amendment. from Illinois is recognized for 5 min- raising. The Acting CHAIR. A point of order utes. Mr. LIPINSKI. Reclaiming my time, is reserved. Mr. LIPINSKI. I rise today to discuss I thank Chairman WOLF, and I appre- The gentleman from Tennessee is an amendment that I filed with Mr. WU ciate your willingness to work with me recognized for 5 minutes. of Oregon but will not be offering. In- on this important issue. Mr. COHEN. I’m pleased to offer this stead, in a minute, I will be engaging I yield back the balance of my time. amendment, of which many members Chairman WOLF in a brief colloquy. The Acting CHAIR. The Clerk will of the Judiciary Committee have Our goal is simple: to preserve fund- read. worked on behalf of legal services in The Clerk read as follows: ing at fiscal year 2010 levels for two the past. Many members of the Judici- SEC. 1337. (a) Notwithstanding section 1101, critical National Weather Service pro- the level for ‘‘National Aeronautics and ary Committee have championed legal grams. We drafted this amendment be- Space Administration, Construction and En- services over the years, none greater cause these are two programs that save vironmental Compliance and Remediation’’ than BOBBY SCOTT, who’s been a mem- lives. shall be $408,300,000. ber of the committee for some time, Many Americans might not realize it, (b) The set-asides under the heading ‘‘Na- and the current ranking member, Mr. tional Aeronautics and Space Administra- but the weather forecasts we all get CONYERS, Mr. NADLER, Ms. JACKSON tion, Construction and Environmental Com- from the Internet, the Weather Chan- pliance and Remediation’’ in division B of LEE and others. nel, or from local TV or radio are all Public Law 111–117 for science research and Legal services is so important to giv- built on the raw data provided by the development activities, exploration research ing people representation, and this National Weather Service. These are and development activities, space operations amendment will restore $70 million the same weather reports that are re- research and development activities, and that’s being cut from the Legal Serv- cross agency support activities shall not lied upon every day by emergency re- ices Corporation. That’s 171⁄2 percent of sponders, pilots, and sailors. apply to funds appropriated by this division. the money legal services got in the SEC. 1338. (a) Transfer limitations for the My goal is to protect local warnings National Aeronautics and Space Administra- past. Legal services is already woefully and forecast centers around the coun- tion described in the Administrative Provi- underfunded. If you look at the funding try, along with the Severe Storms Cen- sions of division B of Public Law 111–117 they’ve gotten over the last 30 years ter, the National Hurricane Center, and shall not apply to funds available under the and prorate it, they’ve been behind in the Aviation Weather Center. Without following headings: (1) ‘‘National Aero- funds for a long time, and we’ve tried these centers, we wouldn’t have daily nautics and Space Administration, Aero- to make that up in the past years. forecasts or flood warnings, and air nautics’’; (2) ‘‘National Aeronautics and Right now they turn away half of all Space Administration, Space Operations’’; travel would be significantly more dan- and (3) ‘‘National Aeronautics and Space Ad- eligible clients who seek assistance. gerous. ministration, Education’’. Slashing these funds would make it The National Weather Service has (b) Any transfer pursuant to this section even worse. And the fact is, in these been essentially flat funded since 1995. shall be treated as a reprogramming of funds dire economic times, some of the worst Much of their equipment is in need of under section 505 of division B of Public Law we’ve seen, although they’re getting repair or replacement. As a country, 111–117 and shall not be available for obliga- better, more and more people need we simply cannot afford to cut back tion except in compliance with the procedures set forth in that section as amended by legal services. any further on the service that saves this division. The housing crisis is not over with, lives, allows us to plan for and respond SEC. 1339. (a) None of the funds made avail- and one of the major areas they work to weather emergencies, and enables able by this division may be used for the Na- with is people who are having problems air travel. I am concerned about the tional Aeronautics and Space Administra- with foreclosures because of unscrupu- adverse impact that this cut could tion or the Office of Science and Technology lous loans that they’ve been given, and have on essential services. Policy to develop, design, plan, promulgate, there will be more and more people los- I understand that my colleague from implement, or execute a policy, program, order, or contract of any kind to participate, ing their homes or potentially losing Virginia, Chairman WOLF, shares some collaborate, or coordinate in any way with their homes needing legal services. And of my concerns, and I’d like to engage China or any Chinese-owned company unless if they don’t have legal representation in a brief colloquy on this topic. such activities are specifically authorized by and they lose those homes, neighbor- Mr. Chairman, I know that this legis- a law enacted after the date of enactment of hoods are hurt, individuals are hurt, lation requires the Department of Com- this division. and that is a major cost on the econ- (b) The limitation in subsection (a) shall merce to produce a spending plan that omy. explains how they will implement also apply to any funds used to effectuate the hosting of official Chinese visitors at fa- b 2310 these cuts. Would you be willing to cilities belonging to or utilized by the Na- work with me to make sure the plan tional Aeronautics and Space Administra- The executive director of Memphis NOAA produces reflects the important tion. Area Legal Services, Harrison McIver, work done by the National Weather SEC. 1340. Notwithstanding section 1101, said the cuts would be devastating to Service and does not adversely affect amounts are provided for ‘‘Legal Services Memphis Area Legal Services, and it critical services. Corporation, Payment to the Legal Services would be devastating to their capacity Mr. WOLF. Will the gentleman yield? Corporation’’ in division B of Public Law to remain an effective advocate and re- 111–117 in the manner authorized in Public Mr. LIPINSKI. I yield to the gen- Law 111–117 for fiscal year 2010, except that source for low-income individuals with tleman from Virginia. for fiscal year 2011 the amounts specified in all the civil legal problems that they Mr. WOLF. I appreciate the gentle- division B of Public Law 111–117 shall be may have. It would require laying off man’s concern. He makes a very, very modified by substituting— at least five attorneys and taking 725 powerful point. I completely agree with (1) ‘‘$350,000,000’’ for ‘‘$420,000,000’’; and fewer cases. him. These are important programs, as (2) ‘‘$324,400,000’’ for ‘‘$394,400,000’’. Memphis Area Legal Services, as are many others in the bill, and we will AMENDMENT NO. 173 OFFERED BY MR. COHEN other legal service clinics, help victims ensure that as we review the FY 2011 Mr. COHEN. Mr. Chairman, I have an of domestic violence, as well as with spend plan that all NOAA’s important amendment at the desk. protective orders from abusive part- activities are sufficiently funded. The Acting CHAIR. The Clerk will ners, as well as assisting folks with I also, I might say, have a large designate the amendment. foreclosures and elderly people who weather service presence in my district The text of the amendment is as fol- have been victimized by predatory and appreciate their hard work, and lows: lenders. Think about how many vic- it’s one of the more important things Page 208, line 14, after the first dollar tims of domestic abuse will be in dan- that NOAA does with regard to the amount within the quotes, insert ‘‘(increased ger without access to the courts, how by $70,000,000)’’. weather. Page 208, line 15, after the first dollar many families will become homeless I thank the gentleman for with- amount within the quotes, insert ‘‘(increased without this foreclosure assistance, drawing his amendment, and I look for- by $70,000,000)’’. and how many seniors would fall prey

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H896 CONGRESSIONAL RECORD — HOUSE February 15, 2011 to predatory loans without legal help. need to go in order to balance our funding for legal aid lawyers was cut to How many of our vulnerable citizens budget. help pay for those tax cuts to multi- will have the courthouse door closed in Legal Services Corporation is the millionaires. their face? largest funder of legal services for low- Mr. Chairman, the Legal Services The fact is, Mr. Chairman, that legal income Americans and for the growing Corporation needs to be fully funded. services is more needed in dire eco- population of Americans who have no We should defeat this CR and come up nomic times than at any other time. income because they can’t find work. with a continuing resolution that fully And I understand the majority’s posi- Legal Services helps ensure representa- funds the Legal Services Corporation. tions about saying they were elected to tion before courts and is available to Again, I thank the gentleman from make cuts. They weren’t elected to all Americans no matter what their in- Tennessee and the gentleman from make cruel cuts that hurt the most come, their station in life, or what California. vulnerable people in situations that their circumstances happen to be. I yield back the balance of my time. aren’t of their own making, and who LSC-funded programs help single Mr. WOLF. I continue to reserve my fall prey to predatory lenders or abu- women trying to keep their families point of order. sive spouses or people who prey on sen- together, victims of domestic violence, Mr. SERRANO. Mr. Chairman, I iors in abusive ways. This is targeting elderly Americans trying to avoid fore- move to strike the last word. the most vulnerable people in our soci- closure, and an increasing number of The Acting CHAIR. The gentleman ety. veterans arriving home from service in from New York is recognized for 5 min- I realize that there isn’t an offset on Iraq and Afghanistan who are unable to utes. this, and I realize the reason Mr. WOLF find jobs. Mr. SERRANO. You know, if you has made his point. I understand, too, Federal funding for LSC makes up stay around here long enough, you see somewhat, and feel a little bit of kin- only 40 percent of the operating income very interesting things happen. ship with the Roman gladiators who, of those programs. The rest comes from As I look at my friend—and when I when they went into the field of com- State funding, support from the private say ‘‘my friend,’’ I really mean that, bat, told the emperor that, We who are bar, and funds from lawyer trust ac- Mr. WOLF, and I think of the chairman about to die salute you. And knowing counts; but the economy that is send- of the full committee, Mr. ROGERS, I kind of what the situation is, I also un- ing more people to the door of legal aid am reminded of the fact of two very in- derstand that ave imperartor moriture offices than at any time in history has teresting things. One, that it was Mr. te salutant. also sapped those other sources of fund- WOLF and I, and Mr. ROGERS and I, who I yield back the balance of my time. ing. The CR cuts legal services to the made sure during some very difficult Mr. SCHIFF. Mr. Chairman, I move poor by $70 million. That’s a 17 percent years a long time ago that the Legal to strike the last word. cut compared to the current level. Services Corporation would stay alive The Acting CHAIR. The gentleman Again, there is no question we need and grow and strengthen itself and sup- from California is recognized for 5 min- to find savings in the budget, and we port those who needed help in our com- utes. are and we will, and we stand ready to munity. As I said, if you stay around Mr. SCHIFF. I want to speak in sup- work with our colleagues across the long enough, then you see the other port of what my colleague from Ten- aisle to fund cuts that make sense. But side, which is the same folks accepting nessee has said. In the United States, to make a drastic cut to a program at a cut that would devastate this agency. access to justice shouldn’t be available a time that it is keeping people in their The other irony is, as I said so many only for those who can afford it. homes and where people are struggling times years before when I was the I think most Americans recognize most is not the most propitious place ranking member on this committee that we have an out-of-control deficit to find savings. and some folks would try to cut it, that and debt, that we need tough action to I yield back the balance of my time. this was President Nixon’s baby. This deal with that, and I think Americans, Mr. WOLF. I continue to reserve my was one of the highlights, I believe, of irrespective of party, are ready to point of order. his career, that he felt that every make sacrifices. The President’s budg- Mr. SCOTT of Virginia. Mr. Chair- American had the right to legal rep- et I think indicates that there are man, I move to strike the last word. resentation. going to be some tough days ahead, and The Acting CHAIR. The gentleman is So in the times that we are in and there are going to be some of the ef- recognized for 5 minutes. with the desire of some folks to go forts we have supported in the past Mr. SCOTT of Virginia. Mr. Chair- after certain agencies, the Legal Serv- that we can’t afford to support any- man, I thank the gentleman from Ten- ices Corporation becomes a good tar- more. nessee for offering the amendment and get; but it indeed is a bad target to go But at the same time, I think the the gentleman from California for his after, because as we hear more and American people recognize that there remarks. more talk about protecting, sup- is a lot of waste in government that Legal Services Corporation programs porting, and keeping the Constitution can be eliminated without harming are forced to already reject over half alive, what better show than to allow people; that a lot of inefficiencies can the cases that come before them. This folks legal representation? and must be eliminated; but they also cut found in the CR only makes mat- When we say life, liberty, and the don’t want in these difficult economic ters worse by requiring the firing of pursuit of happiness, all that has cer- times for our first steps to be to take hundreds of Legal Services Corporation tain meaning to me, and it has certain away vital resources from those who attorneys. meanings to all of us; but at the center are most in need or from middle-in- Mr. Chairman, our justice system of that may be the ability to have rep- come families that are trying to stay promises fairness to all litigants; but resentation and to have your day in in their homes. when people are unable to afford a law- court. There are folks that can’t afford One of the reasons why legal services yer, they are vulnerable to being ripped a lawyer, and the Legal Services Cor- has been so busy in the last several off in consumer transactions, vulner- poration has helped them. years is because of the foreclosure cri- able to unnecessary evictions, or un- Now, mind you, throughout the years sis, where many who are being forced able to afford a divorce or resolve child folks like myself have accepted the out of their homes who can’t afford custody disputes. fact that they have great limitations counsel have nowhere to turn and have Mr. Chairman, we need to make sure placed on them. There are a lot of increasingly turned to legal services that justice is more than just an idea. things they can’t do, but there are still for help in trying to get them to stay One Supreme Court Justice suggested a lot of good things that they can do. in their home. that the kind of justice one gets should So I would hope we could support Imagine what we are telling those not depend on the amount of money this amendment; but more than that, I families that are struggling to stay in they have. Two months ago, we passed would hope that as we look, sadly, for- their homes that we are now going to a tax cut that gave significant tax reward to this massive behavior of cuts defund the lawyer that’s been helping lief to multimillionaires. It would be across the board, that we realize that them. I don’t think that’s where we tragic if Legal Services Corporation there are some basic needs and basic

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H897 protections that we need. This is one of work that is proceeding as we speak The Chair has been persuasively them. And this is a sad day, indeed, would be eliminated: 300 lawyers, 136 guided by an estimate from the chair of when I see so many of us who worked nonprofit offices and how many hun- the Committee on the Budget that the to preserve the Legal Services Corpora- dreds upon hundreds and maybe thou- amendment proposes a net increase in tion now engaged in seeing, perhaps, sands of clients who would not have budget authority in the bill. Therefore, its demise. the opportunity to be served. the point of order is sustained. The I yield back the balance of my time. So I would ask my colleagues to con- amendment is not in order. b 2320 sider what we do here in this place and AMENDMENT NO. 110 OFFERED BY MR. DUNCAN OF to consider what a continuing resolu- SOUTH CAROLINA The Acting CHAIR. Does the gen- tion will do midstream similar to the Mr. DUNCAN of South Carolina. Mr. tleman from Virginia continue to re- point I made earlier about resources Chairman, I have an amendment at the serve his point of order? that could be taken from the section of desk. Mr. WOLF. I do, Mr. Chairman. the Department of Justice that would The Acting CHAIR. The Clerk will Ms. JACKSON LEE of Texas. Mr. enforce the Voting Rights Act. It designate the amendment. Chairman, I move to strike the req- means that you would stop cases deal- The text of the amendment is as fol- uisite number of words. ing with the enforcement of the right lows: The Acting CHAIR. The gentlewoman to vote. Let us not deny justice to- Page 208, line 14, after the first dollar is recognized for 5 minutes. night. I would ask my colleagues to amount inside the quotes, insert ‘‘(reduced by $324,400,000)’’. Ms. JACKSON LEE of Texas. Thank support the adding back of the $70 mil- you very much, Mr. Chairman. Page 208, line 15, after the first dollar lion to the Legal Services Corporation. amount inside the quotes, insert ‘‘(reduced I had intended to offer an amendment POINT OF ORDER by $324,400,000)’’. similar to the gentleman from Ten- Mr. WOLF. Mr. Chairman, I must in- The Acting CHAIR. The gentleman is nessee’s that strikes the elimination of sist on my point of order. recognized for 5 minutes. $75 million. Rather than do that, I am I wanted to just say, I appreciate the Mr. DUNCAN of South Carolina. going to join in support of the gen- comments of the gentleman from New Thank you, Mr. Chairman. I won’t take tleman from Tennessee’s amendment. York (Mr. SERRANO) and the Members the full time here. Mine was striking the full $75 million on the other side of the aisle. I share This amendment deals with the Legal that was being taken from the Legal many of his concerns. However, as the Services Corporation, which is a relic Services Corporation. gentleman knows, there is not an offset from the Great Society, originally Earlier today I was on the floor ex- to this bill and the amendment pro- known in the 1960s as the Office of Eco- plaining what a continuing resolution poses a net increase in budget author- nomic Opportunity Legal Services, and is, because I know more than my col- ity in the bill. The amendment is not later renamed. leagues are listening. What would actu- in order under section 3(j)(3) of House Folks, let me remind you that we ally happen if this cut was to go Resolution 5, 112th Congress, which have a trillion-and-a-half-dollar deficit through is, frankly, that the services states, ‘‘It shall not be in order to con- spending and we have $14 trillion in to the poor, meaning cases who are sider an amendment to a general ap- debt. We can’t afford to keep paying for now in court, cases that are pro- propriations bill proposing a net in- liberal trial lawyer bailouts like the ceeding, would be suspended in air. crease in budget authority in the bill LSC. This is low hanging fruit if we are Frankly, you would deny justice to unless considered en bloc with another serious about cutting spending in this those who have begun to get some re- amendment or amendments proposing body. This is exactly the kind of pro- lief. This cut will impact 136 nonprofit an equal or greater decrease in such gram that we would be cutting if we Legal Services offices. It will frankly budget authority pursuant to clause had a Byrd-style committee in place. cut 300 Legal Aid attorneys; 136 offices 2(f) of rule XXI.’’ The amendment pro- That’s why we need to pass House Res- across America. poses a net increase in the budget au- olution 82. This $75 million will stop Mr. and thority in the bill. Therefore, it is in This amendment effectively zeros out Mrs. Jones in the middle of representa- violation of such section. the LSC, allowing only a small amount tion to save their home. This cut will I ask for a ruling of the Chair. for agency audits to continue. This cut stop Mrs. Smith from being able to get The Acting CHAIR. Does any other is in the DeMint-Jordan Spending Re- relief from a domestic violence situa- Member wish to be heard on the point duction Act, which would eliminate the tion, because her lawyer, or that fam- of order? program entirely. ily’s lawyer, will be fired. This cut will The Chair recognizes the gentle- A number of groups have advocated stop someone who has been defrauded. woman from Texas. for the abolition of the LSC. Human Some senior citizen who paid a con- Ms. JACKSON LEE of Texas. I re- Events describes the LSC as one of the tractor to fix their leaking roof in mid- spect the chairman and I know that he top 10 ‘‘most outrageous government stream will lose their lawyer. This is a has, as the gentleman from New York programs.’’ Stephen Moore of the Wall denial of justice. Having had the privi- said, has his own commitment. Street Journal calls LSC ‘‘a slush fund lege today of visiting the construction I consider this an emergency and for special interests.’’ And the Ameri- site of the Martin Luther King Memo- would only make the point that wheth- cans for Limited Government’s Bill rial, it was interesting that I read er or not a point of order could be Wilson says: ‘‘This corporation just these words: ‘‘Injustice anywhere is in- waived, in light of the fact that cases serves as the legal arm for left-wing justice everywhere.’’ And for us to cut that are now in litigation would be in causes and should be abolished.’’ the very framework of the Constitution essence left without representation ei- In noting the LSC’s penchant for tak- that calls for justice, I believe, is some- ther for the client or for the case. I ing cases it has been legislatively thing that should halt us on the very consider it a legal emergency, an emer- barred from being involved in, the Her- floor of this House and we should im- gency dealing with justice questions, itage Foundation declares: ‘‘Obviously, mediately accept the amendment with- and I would ask that the point of order if LSC would stop wasting funds rep- out the point of order and allow these be waived. resenting people it isn’t supposed to, it individuals to have the ability to be The Acting CHAIR. The Chair is pre- would have more money to spend rep- served. Frankly, this is beyond the pared to rule. resenting needy people.’’ imagination of any of us. The board The gentleman from Virginia makes Americans for Tax Reform calls LSC chairman, John G. Levi, of the Legal a point of order that the amendment ‘‘ineffective’’ and notes that their Services board said, ‘‘Justice is a hol- offered by the gentleman from Ten- ‘‘services are duplicated by State and low promise without the Legal Services nessee violates section 3(j)(3) of House private agencies.’’ Corporation.’’ He is absolutely right. Resolution 5. And just recently, the Cato Institute And as I indicated, I, too, wanted to Section 3(j)(3) establishes a point of notes that the LSC ‘‘too often uses tax strike the elimination of $75 million order against an amendment proposing dollars for lobbying and other political from the Legal Services Corporation, a net increase in budget authority in advocacy activities’’ and adds that the but the greater insult is the fact that the pending bill. LSC ‘‘should be abolished.’’

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H898 CONGRESSIONAL RECORD — HOUSE February 15, 2011 I go back to the amount of debt that branch in a particular city, then we tlement programs are going to have to we have in this Nation and the deficit should take that cause in our com- be addressed, and what we are doing spending that we have in this fiscal mittee, the Commerce, Justice, here in dealing with this small piece of year. Again, this is low hanging fruit Science Committee, with our chair- the Federal budget pie, that is, domes- and if we are serious about cutting man, Mr. WOLF, and do oversight to tic discretionary spending, there is no spending, this is an easy one for us to make sure that LSC funds aren’t being way we can find enough savings to deal with. used to lobby Congress, to make sure make a real dent in the magnitude of I yield back the balance of my time. that only for permissible purposes are our deficit and debt. That has to be funds being used in LSCs around the b 2330 done. I can understand your frustration country. about it. It is a frustration I think we Mr. SCHIFF. Mr. Chairman, I rise in The LSCs I think over the last sev- all share. strong opposition to this amendment eral years have done extraordinarily I think the difficulty, frankly, that and move to strike the last word. well under that oversight, and that the administration is having is prob- The Acting CHAIR. The gentleman oversight needs to continue. And where ably the same difficulty that the ma- from California is recognized for 5 min- LSCs can operate more efficiently, jority is having, and that is whoever utes. they are going to have to, because it is puts the proposal on the table first gets Mr. SCHIFF. We can have reasonable not just a problem in terms of the Fed- their head taken off. I think probably debates about the deficit situation and eral budget, but all the States are cut- the only way to get to ‘‘yes’’—and the actions that should be taken, but I ting back as well. there is no way we are going to be able don’t think the hyperbole that we are But I don’t think we can really get to to reform the entitlement programs in hearing is adding to the quality of the the heart of where we can afford to a partisan way; it has to be done in a debate. When the Legal Services Cor- make cuts, where the cuts will inflict bipartisan way—is frankly if both par- poration is described as a ‘‘trial lawyer the least pain, if we are going to ties can come together and put some- bailout,’’ I think it shows a total mis- pejoratize the service of a lot of hard- thing on the table together. I think apprehension of what Legal Services working lawyers out there who work that is what is going to have to happen. does. for Legal Services, many of whom offer But you are right, there is no way we For many Americans, tens of thou- their services pro bono, who get no are going to make even a small dent in sands of Americans who are at risk of compensation whatsoever for the work things until we have that bigger, more having their house foreclosed out from they provide, and try to demean them important conversation. under them, seeking assistance from by saying this is a trial lawyer bailout. Mr. WOLF. Reclaiming my time, I Legal Services to stay in your home, I yield back the balance of my time. believe that if President Reagan were Mr. WOLF. Mr. Chairman, I rise in that is not a trial lawyer bailout. I President of the United States today, opposition to the amendment. don’t think people who go to Legal he would provide the leadership, be- Services because they can’t afford an The Acting CHAIR. The gentleman from Virginia is recognized for 5 min- cause he did in saving Social Security. attorney and desperately want to stay It was the Greenspan Commission, and in their home feel like they are giving utes. Mr. WOLF. I won’t go into great he worked with them in a bipartisan some sort of bailout to trial lawyers length about it. The very fact that the way. I think if we had a President like when they go to the neighborhood President has failed to address the Ronald Reagan, we would be resolving Legal Services and ask for help to stay issue of entitlements, has walked away these issues. in their home. from his own commission, the Bowles- With that, I urge opposition to the It also has been described as some Simpson Commission that had the sup- amendment. kind of a bastion for left-wing causes. I port of Senator COBURN and Senator I yield back the balance of my time. don’t think it is a left-wing cause to DURBIN, leads you to activity like this. Mr. SERRANO. Mr. Chairman, I want to help people stay in their house. Many times Members are frustrated to move to strike the last word. I don’t think it is a left-wing cause deal with this issue. The Acting CHAIR. The gentleman when you have veterans coming back We have $14 trillion of debt, and in from New York is recognized for 5 min- from Iraq and Afghanistan who need the statement I gave on the floor sev- utes. mental health services and need the ad- eral weeks ago, I said had I been a Mr. SERRANO. The last thing I want vice of counsel and need the help of member of the commission, I would to do is prolong this debate this counsel to get services they are enti- have voted for it. I think it was a evening. It is getting late. But I think tled to. I don’t think that is a left-wing missed opportunity. I also said that what is happening with these budget cause. failure to address the issue of dealing cuts, under the disguise of budget cuts, I don’t think it is a right-wing cause with Medicare and Medicaid and Social is that we are discussing some very se- to want to foreclose on someone, and I Security will unfortunately result in rious issues, and at times we use words don’t think it is a left-wing cause to many times the poor being hurt. In the or phrases that should not go unchal- want to keep them in their home. I Bible it says in Proverbs when you give lenged. think, frankly, this ought to be all of to the poor, you loan to God, and I am So, first of all, I want to thank the our cause, that people through no fault sensitive to that. But the very fact chairman of the subcommittee for his of their own who are hardworking but that the administration, the President opposition to the amendment, because have lost their job as a result of the appoints the commission, comes out at he has got a history of being sup- economy or lost part of their income as a big press conference, and then walks portive. And he is a fiscal conservative. a result of the economy and need help away from it, leads you to some activ- He knows that he wants to go after to stay in their home, and this is the ity like this. waste and high expenses and programs only place they can get it, the only This would wipe out Legal Services, that don’t function well. But he also place they can afford a lawyer, and so I strongly urge Members to oppose has always had a belief that the person anyone who has tried to hire a lawyer the amendment, and I urge Members to who may not have the most resources knows how expensive that is, I don’t contact the White House and ask them in this society should be given a shot think that is a left-wing cause, and I to support entitlement reform in the at being protected. just don’t think it sheds much light on Simpson-Bowles package. I want to join Mr. SCHIFF in that we the debate. Mr. SCHIFF. Will the gentleman have to continue to be careful. To say Are there things that can be cut? yield? that this is a trial lawyers’ bailout, Yes. Is the President’s budget cutting Mr. WOLF. I yield to the gentleman when we in fact have had incredibly se- them? Yes. Are there more cuts we are from California. rious bailouts in the last couple of going to have to find? Yes. But let’s Mr. SCHIFF. I appreciate your yield- years, that is a bad statement to make. speak frankly about what this organi- ing, Mr. Chairman, and I agree with I am old enough to remember Presi- zation does and what it doesn’t do. And you. dent Nixon, and I don’t remember that if my colleagues have issues to take First of all, I appreciate your opposi- he went around creating left-wing with a particular Legal Services tion to the amendment. The big enti- causes or left-wing programs. Again, I

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H899 repeat, and it bears repeating, this was to do justice for people who could not rescinded, not later than September 30, 2011, his creation. Because within that com- achieve such. from the following accounts in the specified plex human being known as Richard I, frankly, believe when you talk amounts: (1) ‘‘Office of Justice Programs’’, Nixon, there were a couple of things about a continuing resolution, make it $42,000,000; and (2) ‘‘Community Oriented Po- licing Services’’, $10,000,000. that were very interesting to analyze, very clear: it is stopping programs in and one of them was his fundamental the middle of operation. It is closing TITLE IV—ENERGY AND WATER DEVEL- OPMENT AND RELATED AGENCIES belief that everyone in this country 136 offices in midstream. It is laying off 300 lawyers in the middle of litigation SEC. 1401. All of the provisos under the needed the ability to be represented heading ‘‘Corps of Engineers—Civil, Depart- and represented properly. that they are pursuing to keep Mrs. ment of the Army, Construction’’ in the En- Now, what is ironic is, the same folks Jones in her home and to keep an el- ergy and Water Development and Related who would destroy the Legal Services derly person who’s been defrauded by Agencies Appropriations Act, 2010 (Public Corporation will not utter a word as we an unscrupulous contractor simply try- Law 111–85) shall not apply to funds appro- continue to protect people in this soci- ing to fix an old home. She has no priated by this division. ety gaining more power and more other options sometimes than a legal SEC. 1402. The proviso under the heading wealth and never needing a Legal Serv- services lawyer. So I hope that we will ‘‘Corps of Engineers—Civil, Department of see less of this. the Army, Mississippi River and Tribu- ices lawyer for one of their issues, one taries’’ in the Energy and Water Develop- of their cases. Might I just say it’s interesting that ment and Related Agencies Appropriations So as we look at these cuts, as we we have a difference of opinion. Frank- Act, 2010 (Public Law 111–85) shall not apply look at this desire to bring down the ly, I don’t think the President has to funds appropriated by this division. deficit, as we do all these things that I walked away from any Financial Com- SEC. 1403. The fifth proviso (regarding the think on a bipartisan basis we believe mission report. The majority in this San Gabriel Basin Restoration Fund), sev- have to be done, we also have to pay House has every opportunity to present enth proviso (regarding the Milk River attention to the fact that we can’t de- their cuts to entitlement and to begin Project) and eighth proviso (regarding the the discussion. The President has not Departmental Irrigation Drainage program) stroy that which is fundamentally under the heading ‘‘Department of the Inte- sound in our society. Cut here and indicated he is not interested. But rior, Bureau of Reclamation, Water and Re- there, I understand that. That train while we recognize that this House is a lated Resources’’ in the Energy and Water left the station a long time ago. De- revenue-generating House and, there- Development and Related Agencies Appro- stroy it? Totally wrong. fore, with the responsibility now in the priations Act, 2010 (Public Law 111–85) shall Lastly, not to repeat myself, you hands of Republicans, it is appropriate not apply to funds appropriated by this divi- can’t on one hand claim that we need for the chairman of the Budget Com- sion. to protect more than ever the Con- mittee and others to present their pro- SEC. 1404. All of the provisos under the heading ‘‘Department of Energy, Energy stitution, and tell somebody with a posal for such. Programs, Energy Efficiency and Renewable home being foreclosed that can’t afford The President’s budget cuts the debt. Energy’’ in title III of the Energy and Water a lawyer that they can’t get any assist- The President’s budget has strength in Development and Related Agencies Appro- ance. This is the wrong way to go, and going forward; but it has a purpose: priations Act, 2010 (Public Law 111–85) shall I really hope this amendment is de- competitiveness; morality; and, of not apply to funds appropriated by this divi- feated and defeated soundly. course, to rebuild America. I’m waiting sion. I yield back the balance of my time. on the Republicans to present their SEC. 1405. All of the provisos under the heading ‘‘Department of Energy, Energy b 2340 proposal, and I’m sure that we will look closely and be able to work in a Programs, Electricity Delivery and Energy Reliability’’ in title III of the Energy and Ms. JACKSON LEE of Texas. Mr. bipartisan manner. But I would vigor- Chairman, I move to strike the last Water Development and Related Agencies ously oppose any cuts of this measure Appropriations Act, 2010 (Public Law 111–85) word. at all to the Legal Services Corpora- shall not apply to funds appropriated by this The Acting CHAIR. The gentlewoman tion, which is a mark for justice in this division. is recognized for 5 minutes. country. SEC. 1406. The proviso under the heading Ms. JACKSON LEE of Texas. Mr. I yield back the balance of my time. ‘‘Department of Energy, Energy Programs, Chairman, I appreciate the fact that The Acting CHAIR. The question is Nuclear Energy’’ in title III of the Energy the gentleman from Virginia has op- on the amendment offered by the gen- and Water Development and Related Agen- cies Appropriations Act, 2010 (Public Law posed this; but I just wonder whether tleman from South Carolina (Mr. DUN- or not there’s any shame when it 111–85) shall not apply to funds appropriated CAN). by this division. comes to literally gutting the Legal The question was taken; and the Act- SEC. 1407. The second proviso under the Services Corporation some $324 million ing Chair announced that the noes ap- heading ‘‘Department of Energy, Energy and practically eliminating any oppor- peared to have it. Programs, Fossil Energy Research and De- tunity for justice. I just want to repeat Mr. DUNCAN of South Carolina. Mr. velopment’’ in title III of the Energy and some of the words that were offered: Chairman, I demand a recorded vote. Water Development and Related Agencies slush fund for special interests, lob- The Acting CHAIR. Pursuant to Appropriations Act, 2010 (Public Law 111–85) bying, and political activities. clause 6 of rule XVIII, further pro- shall not apply to funds appropriated by this We spent some time in the 1990s on division. ceedings on the amendment offered by SEC. 1408. All of the provisos under the the Judiciary Committee looking the gentleman from South Carolina heading ‘‘Department of Energy, Energy closely at the Legal Services Corpora- will be postponed. Programs, Science’’ in title III of the Energy tion and, frankly, gave generous over- The Clerk will read. and Water Development and Related Agen- sight on some of the issues that might The Clerk read as follows: cies Appropriations Act, 2010 (Public Law have suggested that there were other SEC. 1341. Section 505(a)(1) of division B of 111–85) shall not apply to funds appropriated activities going on. When the Legal Public Law 111–117 is amended by inserting by this division. Services Corporation non-profits come ‘‘, unless the House and Senate Committees SEC. 1409. The thirteenth proviso (regard- from around the Nation, you are seeing on Appropriations are notified 15 days in ad- ing Commission funding) under the heading ‘‘Department of Energy, Energy Programs, members of the bar who are from major vance of such reprogramming of funds’’ before the semicolon. Nuclear Waste Disposal’’ in title III of the law firms, major leaders in the commu- SEC. 1342. Of the funds made available for Energy and Water Development and Related nity who are on the boards of these ‘‘Department of Commerce, Bureau of the Agencies Appropriations Act, 2010 (Public particular services, local offices, and Census, Periodic Censuses and Programs’’ in Law 111–85) shall not apply to funds appro- they have the highest standard of legal division B of Public Law 111–117, $1,740,000,000 priated by this division. excellence that they try to portray and is rescinded. SEC. 1410. All of the provisos under the therefore try to encourage as relates to SEC. 1343. Of the unobligated balances heading ‘‘Department of Energy, Atomic En- the representation of poor people. My available for ‘‘Emergency Steel, Oil, and Gas ergy Defense Activities, National Nuclear Guaranteed Loan Program Account’’, Security Administration, Weapons Activi- brother-in-law, to his death, was a $48,000,000 is rescinded. ties’’ in title III of the Energy and Water De- legal services lawyer in New York. Not SEC. 1344. Of the unobligated balances velopment and Related Agencies Appropria- one time did I see him or hear of him available to the Department of Justice from tions Act, 2010 (Public Law 111–85) shall not doing anything other than attempting prior appropriations, the following funds are apply to funds appropriated by this division.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H900 CONGRESSIONAL RECORD — HOUSE February 15, 2011 SEC. 1411. The proviso under the heading vestments we can make to secure our The Acting CHAIR. The gentleman ‘‘Department of Energy, Atomic Energy De- economic competitiveness are those in- from New Jersey is recognized for 5 fense Activities, National Nuclear Security vestments that cultivate scientists and minutes. Administration, Defense Nuclear Non- engineers of the future and provide the Mr. FRELINGHUYSEN. We are here proliferation’’ in title III of the Energy and to follow through on our pledge to Water Development and Related Agencies research infrastructure from which Appropriations Act, 2010 (Public Law 111–85) they can innovate and create jobs. right-size the government, and I appre- shall not apply to funds appropriated by this ARPA-E was first proposed in 2005 in ciate my colleague’s amendment for division. the distinguished report entitled, ‘‘Ris- that reason. However, in addition to SEC. 1412. All of the provisos under the ing Above the Gathering Storm.’’ Mod- enacting historic reductions in spend- heading ‘‘Department of Energy, Atomic En- eled on DARPA, ARPA-E was rec- ing in the CR, we are also committed ergy Defense Activities, National Nuclear ommended along with dozens of rec- to an unprecedented level of oversight Security Administration, Office of the Ad- ommendations designed to spur sci- to ensure that every dollar spent by ministrator’’ in title III of the Energy and the Federal Government is, indeed, Water Development and Related Agencies entific investment. These recommendations were authorized as a part of the well spent. Appropriations Act, 2010 (Public Law 111–85) My colleague’s amendment would first America COMPETES Act of 2007 shall not apply to funds appropriated by this virtually eliminate the Advanced Re- division. and reauthorized again last year. search Projects Agency—Energy, or SEC. 1413. The proviso under the heading Despite my strong support and lead- ARPA-E, as we call it. This relatively ‘‘Department of Energy, Atomic Energy De- ership for COMPETES and its pro- fense Activities, Environmental and Other new program is getting positive early Defense Activities, Defense Environmental grams, I have had concerns about results for its strong management, for Cleanup’’ in title III of the Energy and Water ARPA-E since inception. As a senior its ability to execute, and for its focus Development and Related Agencies Appro- member of the Science, Space, and on American competitiveness. priations Act, 2010 (Public Law 111–85) shall Technology Committee, our minority We certainly can and must debate not apply to funds appropriated by this divi- views on the President’s fiscal year which programs are the most worthy of sion. 2010 budget accurately reflect my sen- taxpayers’ dollars and which we should SEC. 1414. The proviso under the heading timent: terminate, but the debate to end a po- ‘‘Department of Energy, Atomic Energy De- ‘‘Those of us in opposition to ARPA- tentially promising initiative to in- fense Activities, Environmental and Other Defense Activities, Other Defense Activi- E maintain the view that creating a crease funds for another Federal pro- ties’’ in title III of the Energy and Water De- new agency to do work that is cur- gram, as this amendment does, must be velopment and Related Agencies Appropria- rently being done at the DOE is not a thoroughly considered in more than 5 tions Act, 2010 (Public Law 111–85) shall not justified use of the limited funds avail- or 10 minutes. apply to funds appropriated by this division. able to the Department, and we sup- I and the committee would be happy SEC. 1415. The fifth proviso under the head- port the Department’s previous deci- to work with my colleague in the fiscal ing ‘‘Department of Energy, Power Mar- sion to not establish ARPA-E but to year 2012 process to ensure the proper keting Administrations, Construction, Reha- engage in ARPA-E-type projects within and thorough oversight and evaluation bilitation, Operation and Maintenance, of this program. However, I must re- Western Area Power Administration’’ in the current DOE structure.’’ Most importantly, I have always be- gretfully oppose her amendment. title III of the Energy and Water Develop- I yield back the balance of my time. ment and Related Agencies Appropriations lieved that ARPA-E threatens to divert Mr. PASTOR of Arizona. Mr. Chair- Act, 2010 (Public Law 111–85) shall not apply resources from the DOE’s Office of man, I move to strike the requisite to funds appropriated by this division. Science, the largest supporter of basic SEC. 1416. Sections 105, 106, 107, 110 through number of words. research. That is why I secured lan- The Acting CHAIR. The gentleman is 125, 205 through 211, 502, and 506 of the En- guage through COMPETES 2007 that ergy and Water Development and Related recognized for 5 minutes. Agencies Appropriations Act, 2010 (Public would prohibit funding for ARPA-E un- Mr. PASTOR of Arizona. I join the Law 111–85) shall not apply to funds appro- less the Office of Science is fully fund- chairman in his opposition to this priated by this division. ed. I felt this was the most productive amendment. SEC. 1417. In addition to amounts otherwise way to move forward with the ARPA-E Mr. Chairman, it is a promising pro- made available by this division, $50,000,000 is concept and to prevent duplication or gram that already has provided not appropriated for ‘‘Department of Energy, En- competition with other DOE programs. only research but the taking of the re- ergy Programs, Advanced Research Projects However, when we reauthorized COM- search, the finding of private capital- Agency—Energy’’. PETES last year, this language was ization, and the developing of products b 2350 not included; and, unfortunately, my that can go forward. attempts to limit ARPA-E appropria- One of the problems that we have AMENDMENT NO. 192 OFFERED BY MRS. BIGGERT tions were unsuccessful. found in the past for many years is Mrs. BIGGERT. Mr. Chairman, I have In supporting my concerns about that the Department of Energy has an amendment at the desk. spreading resources too thin, now-Sec- sometimes great problems in doing the The Acting CHAIR. The Clerk will retary Steven Chu said the following of basic research or in funding basic redesignate the amendment. ARPA-E in testimony before the En- search. It has a difficult time getting The text of the amendment is as fol- ergy subcommittee in 2006: ‘‘In funding out to find capitalization and then in lows: being able to commercialize it. Page 213, line 19, after the dollar amount ARPA-E, it is critical that its funding not jeopardize the basic research sup- ARPA-E is a process that is small but insert ‘‘(reduced by $50,000,000)’’. big in talent which is able to take in- Page 359, line 8, after the dollar amount in- ported by the Department of Energy’s sert ‘‘(increased by $50,000,000)’’. Office of Science. The committee’s rec- novative ideas and is able to research ommendations are prioritized, and its and take them to the next step with The Acting CHAIR. The gentlewoman private capitalization. It is a program from Illinois is recognized for 5 min- top recommendation in the area of research is to increase the funding for that takes public investment and in- utes. creases the investment by the private Mrs. BIGGERT. Mr. Chairman, my basic research by 10 percent per year over the next 7 years.’’ sector. The outcome is the innovation amendment would cut funding for the of products, new employment, and new Mr. Chairman, were it not for the Advanced Research Projects Agency— jobs. It is the way to transform the De- 2009 American Recovery and Reinvest- Energy, commonly known as ARPA-E, partment of Energy to make it more ment stimulus bill, ARPA-E would by $50 million, and it would put that effective, and it would be a great loss funding towards deficit reduction. never have been funded. I urge my col- to zero fund it at this time. For my colleagues who know me, leagues to join me in cutting ARPA-E I yield back the balance of my time. they know it is not easy for me to cut funding and in rejecting duplication Mrs. CAPITO. Mr. Chairman, I move funding for energy research. I have al- and stretched resources. to strike the requisite number of ways maintained that there are two I yield back the balance of my time. words. priorities I believe in and will continue Mr. FRELINGHUYSEN. Mr. Chair- The Acting CHAIR. The gentlewoman to promote in Congress. Energy R&D is man, I rise in opposition to the gentle- from West Virginia is recognized for 5 one of them. I believe the greatest in- woman’s amendment. minutes.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H901 Mrs. CAPITO. Mr. Chairman, I rise in nologies to America’s future economic Mr. INSLEE. Mr. Chairman, we have support of the gentlewoman’s amend- and national security. It is a priority a simple amendment that will help re- ment, although I had an amendment that we all share. The challenge lies in store two principles to our budget: one that was to follow this amendment how best to structure the Federal Gov- is innovation, and two is balance. What which sought to grab $47 million from ernment’s involvement in energy re- our amendment would do would be add the ARPA-E program to fund a jobs search and development to maximize $20 million to the ARPA–E account. It program to restore the clean coal reuse of limited resources. would be fully paid for with a balance search dollars that are stricken in this Republican Members on the Com- taken out of the fossil fuel research ac- continuing resolution. mittee on Science, Space and Tech- count, and this is important for two My amendment would have restored nology have had serious reservations fundamental reasons. funding to the DOE’s Fossil Energy Re- regarding the appropriateness of Our Nation’s economic performance search and Development program to ARPA-E since it was first debated in will live or it will die on the ability to maintain our commitment to domestic the 110th Congress. A primary concern innovate a new clean energy tech- was that ARPA-E would focus on late- coal and natural gas, which powers our nology; and today, tonight, when we’re stage technology development activi- Nation. It protects our environment speaking, the Chinese are investing ties that the private sector was already and enhances our energy independence. $786 billion in the development of new addressing, and we’ve seen that hap- Certainly, in being from the State of clean energy technologies. Yet, what West Virginia, this is a jobs issue for pen. While language was incorporated into does this CR do to our advanced clean us. Our coal industry is under serious ARPA-E’s authorizing statute direct- energy research budget? It cuts it by 85 attack in this administration, both ing the agency to only support ‘‘tech- percent. While the Chinese are racing from the regulatory perspective and nological advances in areas that indus- ahead on clean energy, we’re running from other environmental areas. We re- try by itself is not likely to undertake backwards 85 percent in ARPA–E, alize that 50 percent of the Nation’s en- because of technical and financial un- which has tremendous potential in ergy is powered by coal. In order to use certainty,’’ there are numerous in- solar energy, in efficient, enhanced that most abundant resource that we stances of ARPA-E awards that indi- geothermal and new efficiencies in have in our Nation, we need to find cate the agency is not following these electric storage, in high-capacity grid ways to burn it cleaner and mine it guidelines, instead providing funding systems. This is our seed corn of inno- more efficiently. to companies that are already actively vation, and yet we have slashed it 85 For more than a quarter of a century, pursuing development of the tech- percent in this CR. We are simply ask- Fossil Energy Research has converted nology area for which they are requesting to reduce that cut to about 65 per- taxpayer investment into high-tech ad- ing funding. This is a serious issue— cent and add $20 million. vances that in some ways touch every taxpayer funding for R&D should only Now, let me put this in context. That single American’s life. Fossil Energy is go toward areas that are too risky for is the innovation part of this agenda; finding and testing new ways to use private investment. and for those who are critical of coal more cleanly and efficiently by Due to these concerns, Mr. Chairman, ARPA–E, let me suggest, in the first producing energy from coal gasifi- I along with Chairman HALL, chairman year of this operation, in the first year, cation and by improving technologies of the Science, Space and Technology it has attracted six private equity in- to clean, capture, or store the emis- Committee, have requested that the vestments for $23 million of Uncle sions from coal-fired power plants. Government Accountability Office un- Sam’s investment of $100 million that Over 1,000 American pioneers are doing dertake a study to review and report has been leveraged for private equity research in this area, many of them lo- on the extent to which this problem is investment. This program has some cated in our State of West Virginia at occurring with respect to other awards. promise, and we are cutting off tiny the National Energy Technology Lab- At least until this study is completed little crumbs to cut off the innovation oratory in Morgantown, West Virginia. and Congress has had an opportunity to budget for clean energy. It’s a huge consider its findings, ARPA-E should b 0000 mistake. not receive additional taxpayer money, Now, balance, here’s where the bal- The Morgantown facility is the only especially in this current environment ance part comes in. We want to pay for national laboratory devoted to fossil of fiscal disaster that we’re headed to- this, obviously. We don’t want to cre- energy research. So while I’m unable to wards. offer my amendment to strike $47 mil- I urge support for the gentlelady’s ate further deficit spending on this pro- lion from the ARPA-E program and re- amendment. gram. In the fossil fuel research budg- store the $30.6 million into the clean The Acting CHAIR (Mr. CHAFFETZ). et, we’ve cut that 17 percent, and it’s 10 coal research program, I did want to The question is on the amendment of- times larger than the ARPA–E budget. take this opportunity to emphasize the fered by the gentlewoman from Illinois That is wildly out of balance where we feeling that I have of how important it (Mrs. BIGGERT). cut ARPA-E. Instead of 17 percent, we is for us to move forward in a bold and The question was taken; and the Act- cut it 85 percent. Fossil fuels, we’ve got technologically superior way to find a ing Chair announced that the noes ap- $556 million in research. For ARPA–E, way to use our most abundant re- peared to have it. we’ve got 50 million unless we adopt source. Mrs. BIGGERT. Mr. Chairman, I de- the Inslee amendment. So I would en- The advanced research projects hap- mand a recorded vote. courage us to get in the game of com- pening at Fossil Energy now will help The Acting CHAIR. Pursuant to peting with China. keep clean, affordable energy from our clause 6 of rule XVIII, further pro- Now, I was talking to former Gov- traditional few resources as an integral ceedings on the amendment offered by ernor Ted Strickland tonight about a part of our energy supply while we in- the gentlewoman from Illinois will be company called Willard & Kelsey, WK novate and research our way to those postponed. Solar Group, a company that’s devel- new energy resources. AMENDMENT NO. 395 OFFERED BY MR. INSLEE oped a new way of manufacturing solar Mr. BROUN of Georgia. Mr. Chair- Mr. INSLEE. Mr. Chairman, I have cells using a horizontal manufacturing man, I move to strike the last word. an amendment at the desk. project, much more efficient, quicker The Acting CHAIR. The gentleman is The Acting CHAIR. The Clerk will manufacturing. If we don’t start devel- recognized for 5 minutes. designate the amendment. oping these technologies, the Chinese The text of the amendment is as fol- Mr. BROUN of Georgia. Mr. Chair- are going to have us for lunch, and this lows: is a small thing that the payoffs could man, I rise in support of the gentle- Page 213, line 19, after the dollar amount woman from Illinois’ amendment insert ‘‘(increased by $20,000,000)’’. be dramatic. We’d encourage more in- which would strike funding for ARPA- Page 217, line 13, after the dollar amount novation, and we’d encourage more bal- E within the Department of Energy. insert ‘‘(reduced by $20,000,000)’’. ance for the future. There is little disagreement in Con- The Acting CHAIR. The gentleman We recommend this amendment. gress on the importance of funda- from Washington is recognized for 5 Mr. FRELINGHUYSEN. Mr. Chair- mental advances in energy tech- minutes. man, I rise in opposition.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H902 CONGRESSIONAL RECORD — HOUSE February 15, 2011 The Acting CHAIR. The gentleman ceedings on the amendment offered by partment of the Army, Formerly Utilized from New Jersey is recognized for 5 the gentleman from Washington will be Sites Remedial Action Program’’ shall be minutes. postponed. $130,000,000. Mr. FRELINGHUYSEN. Mr. Chair- The Clerk will read. SEC. 1433. Notwithstanding section 1101, the level for ‘‘Department of the Interior, man, the gentleman’s amendment adds, The Clerk read as follows: Bureau of Reclamation, Water and Related as we know, $50 million for ARPA–E SEC. 1418. Notwithstanding section 1105, no Resources’’ shall be $913,500,000. while cutting funding for the fossil en- appropriation, funds, or authority made AMENDMENT NO. 297 OFFERED BY MR. available pursuant to section 1101 for the De- ergy program. The Energy and Water MCCLINTOCK portion of this bill strikes a careful partment of Energy or Corps of Engineers, Civil, shall be used to initiate or resume any Mr. MCCLINTOCK. Mr. Chairman, I balance between national security, have an amendment at the desk. American competitiveness, and the program, project, or activity or to initiate Requests For Proposals or similar arrange- The Acting CHAIR. The Clerk will grave responsibility of deficit reduc- ments (including Requests for Quotations, designate the amendment. tion. As written, this bill provides suf- Requests for Information, and Funding Op- The text of the amendment is as fol- ficient funding to keep ARPA–E oper- portunity Announcements) for a program, lows: ational and active in fiscal year 2011 project, or activity if the program, project, Page 216, line 19, after the dollar amount, while we thoroughly evaluate the pro- or activity has not been funded by Congress, insert ‘‘(reduced by $1,897,000)’’. gram and its future in the fiscal year unless prior approval is received from the Page 359, line 13, after the dollar amount, 2012 appropriations process. Committees on Appropriations of the House insert ‘‘(increased by $1,897,000)’’. ARPA–E has shown some promise in of Representatives and the Senate. SEC. 1419. No funds made available by this The Acting CHAIR. The gentleman advancing our competitiveness; but in division or any other Act may be used by the from California is recognized for 5 min- the light of the tough tradeoffs we’ve Nuclear Regulatory Commission to conduct utes. had to make in this bill—and indeed, closure of adjudicatory functions, technical Mr. MCCLINTOCK. Mr. Chairman, they’ve been tough—I can’t support review, or support activities associated with this is a poster child for I guess what further increased funding for ARPA–E the Yucca Mountain geologic repository li- could best be described as ‘‘Greens before we’ve had a broader discussion cense application until the Commission re- Gone Wild.’’ As part of the so-called verses ASLB decision LBP–10–11. of the new program. Klamath Hydroelectric Settlement SEC. 1420. Notwithstanding section 1101, Further, to achieve this bill’s his- Agreement, it is proposed to use tax- toric levels of spending reduction, the the level for ‘‘Independent Agencies, Appa- lachian Regional Commission’’ shall be payer funds to tear down four perfectly bill has struck a finely tuned balance $68,400,000. good hydroelectric dams on the Klam- of support across programs within the SEC. 1421. Notwithstanding section 1101, ath that are producing 155 megawatts Department of Energy. The amend- the level for ‘‘Independent Agencies, Delta of the cleanest, cheapest electricity on ment would reduce funding for fossil Regional Authority’’ shall be $11,700,000. the planet—that’s enough to power energy research and development. The SEC. 1422. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Denali over 150,000 homes—because, we’re told, program cut by the amendment en- of catastrophic declines in salmon. sures not only that fossil energy which Commission’’ shall be $10,800,000. SEC. 1423. Notwithstanding section 1101, When I suggested building a salmon generates nearly 70 percent of the Na- the level for ‘‘Independent Agencies, North- hatchery instead, I was informed there tion’s electricity is clean and efficient ern Border Regional Commission’’ shall be already is one. It produces 5 million but that it uses technologies invented $0. salmon smolt each year, 17,000 of which in America and creates jobs here at SEC. 1424. Notwithstanding section 1101, return to that river as fully grown home. Yet, because reducing spending the level for ‘‘Independent Agencies, South- adults to spawn, but they are delib- east Crescent Regional Commission’’ shall be is our top priority, all programs must erately ignored in the population sacrifice, and the bill cuts fossil en- $0. SEC. 1425. The total principal amount for counts. To add insult to insanity, as ergy, research and development well commitments to guarantee loans for eligible they tear down these dams in the name below the 2010 mark and 21 percent projects (other than nuclear power facilities of saving the salmon, they are actually below fiscal year 2008. and front-end nuclear facilities) under the tearing down the fish hatchery that ac- b 0010 heading ‘‘Department of Energy, Title 17 In- tually is saving the salmon. novative Technology Loan Guarantee Au- Further reductions to fossil energy This amendment targets the study thority Loan Program’’, in title III of divi- that is underway to do so. A policy can be damaging to the program’s im- sion C of Public Law 111–8, is hereby reduced portant goals and may lead to exces- by $25,000,000,000. that is as manifestly insane as this sive job losses. For this reason and be- SEC. 1426. Of the unobligated balances of should not require $2 million of addi- cause further increases to ARPA–E are funds transferred to ‘‘Department of the In- tional funding. currently unwarranted, I oppose the terior, Bureau of Reclamation, Water and I yield back the balance of my time. Related Resources’’ for desert terminal lakes Mr. FRELINGHUYSEN. Mr. Chair- amendment. under section 2507 of the Farm Security and man, we are prepared to accept the Mr. INSLEE. Will the gentleman Rural Investment Act of 2002 (43 U.S.C. 2211 yield for a clarification? gentleman from California’s amend- note), $115,000,000 is rescinded. ment. Mr. FRELINGHUYSEN. I yield to the SEC. 1427. Of the unobligated balances gentleman from Washington. available for ‘‘Corps of Engineers—Civil, De- Mr. PASTOR of Arizona. I move to Mr. INSLEE. I thank the gentleman. partment of the Army, Mississippi River and strike the last word. The gentleman suggested that our Tributaries’’, $21,000,000 is rescinded, to be The Acting CHAIR. The gentleman is amendment added $50 million. I know derived by cancelling unobligated balances recognized for 5 minutes. it was unintentional. We would only for the Yazoo Basin, Backwater Pump, Mis- Mr. PASTOR of Arizona. I rise in sup- ask an additional $20 million. I just sissippi project. port. want to make that clear for the record. SEC. 1428. Notwithstanding section 1101, This amendment simply reduces the the level for ‘‘Corps of Engineers—Civil, De- Mr. FRELINGHUYSEN. The record is water and related resources account by partment of the Army, Investigations’’ shall $1.9 million. Given the limited nature corrected, and you are absolutely be $104,000,000. right. SEC. 1429. Notwithstanding section 1101, of the amendment, I do not object to Mr. INSLEE. I yield back the balance the level for ‘‘Corps of Engineers—Civil, De- the amendment. of my time. partment of the Army, Construction’’ shall I yield back the balance of my time. The Acting CHAIR. The question is be $1,690,000,000. The Acting CHAIR. The question is on the amendment offered by the gen- SEC. 1430. Notwithstanding section 1101, on the amendment offered by the gentleman from Washington (Mr. INSLEE). the level for ‘‘Corps of Engineers—Civil, De- tleman from California (Mr. MCCLIN- partment of the Army, Mississippi River and The question was taken; and the Act- TOCK). ing Chair announced that the noes ap- Tributaries’’ shall be $239,600,000. The amendment was agreed to. SEC. 1431. Notwithstanding section 1101, peared to have it. the level for ‘‘Corps of Engineers—Civil, De- The Clerk will read. Mr. INSLEE. Mr. Chairman, I department of the Army, Operation and Main- The Clerk read as follows: mand a recorded vote. tenance’’ shall be $2,361,000,000. SEC. 1434. Notwithstanding section 1101, The Acting CHAIR. Pursuant to SEC. 1432. Notwithstanding section 1101, the level for ‘‘Department of Energy, Energy clause 6 of rule XVIII, further pro- the level for ‘‘Corps of Engineers—Civil, De- Programs, Energy Efficiency and Renewable

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H903 Energy’’ shall be $1,467,400,000: Provided, That The Acting CHAIR. The gentleman has nothing to do with reducing funds; none of the funds made available by this di- from New Jersey is recognized for 5 it is a policy rider. My amount would vision may be used for the Weatherization minutes. simply strike that language from this Assistance Program authorized under part A Mr. FRELINGHUYSEN. Mr. Chair- bill. This amendment does not add a of title IV of the Energy Conservation and single dollar to the deficit, the con- Production Act (42 U.S.C. 6861 et seq.) or the man, the continuing resolution before State Energy Program authorized under part us enacts historic spending reductions tinuing resolution, or energy efficiency D of title III of the Energy Policy and Con- but it does so by striking a careful bal- and renewable energy programs. It preservation Act (42 U.S.C. 6321 et seq.). ance between deficit reduction and serves the Republicans’ cuts, though AMENDMENT NO. 315 OFFERED BY MR. other important goals. misguided, to energy efficiency and re- MCCLINTOCK I regret the gentleman’s amendment newable energy. It merely states that Mr. MCCLINTOCK. Mr. Chairman, I goes far beyond the point of balance, weatherization and state energy pro- have an amendment at the desk. and thus, I must oppose it. grams remain eligible for funds. The Acting CHAIR. The Clerk will Mr. Chairman, deficit reduction is There are many cuts in this bill that designate the amendment. the bill’s top priority, and our bill al- we cannot fix for procedural reasons. The text of the amendment is as fol- ready significantly reduces the Energy And there are many more that Repub- lows: Efficiency and Renewable Energy Ac- licans will oppose for political reasons, count. As written, our bill cuts that ac- but this is something we can save. This Page 216, line 23, after the dollar amount, amendment has strong bipartisan ap- insert ‘‘(reduced by $247,000,000)’’. count to 35 percent below current lev- Page 359, line 8, after the dollar amount, els and 38 percent, or nearly $900 mil- peal. It is about lowering utility bills insert ‘‘(increased by $247,000,000)’’. lion, below the fiscal year 2000 budget for people on the brink. It is about pre- The Acting CHAIR. The gentleman request. serving construction, inspection, and renovation jobs. It is about States from California is recognized for 5 min- Our bill cuts the excess and provides rights. It has been a harsh and unre- utes. only enough funding to continue past lenting winter in many parts of Amer- Mr. MCCLINTOCK. Mr. Chairman, commitments, leaving little room left ica. We should not be leaving our this amendment saves $247 million by to cut. friends and our neighbors out in the relieving taxpayers of having to sub- While I support the intent of the gen- cold. sidize solar energy research and devel- tleman’s amendment, as it aims to reduce further spending, we must do so The State Energy Program is a 30- opment. year old program that provides re- I am tempted to point out that solar responsibly and with a careful balance among deficit reduction, jobs, and our sources to states for energy efficiency power is not a new technology. Photo- and renewable energy, and it works. I Nation’s energy security. The gentle- voltaic electricity generation was in- know this because I used to run this man’s amendment fails to maintain vented by Edmond Becquerel in 1836. program for New York State as the this balance and would, to my mind, That was 175 years ago. And in 175 President and CEO of the New York create undue job losses which would be years of continuing research and devel- State Energy Research and Develop- considerable and irreversibly damage opment and technological advancement Authority. For every $1 in fund- this particular program. ment, we have not yet been able to in- ing it yields $7.22 in annual energy sav- vent a more expensive way of gener- I yield back the balance of my time. Mr. PASTOR of Arizona. Mr. Chair- ings. Each $1 in State Energy Program ating electricity. Yet we’re perfectly Federal funds is leveraged by $10.71 of man, I move to strike the requisite comfortable telling our constituents state and private funds. States receiv- number of words. that we’re taking another $250 million ing this funding are eligible to do en- from their families to throw at this The Acting CHAIR. The gentleman is recognized for 5 minutes. ergy audits on over 15,000 buildings per 175-year-old technology for no par- year, including residential, commer- ticular reason other than it makes us Mr. PASTOR of Arizona. I join the chairman. We need a mix of energy to cial, and industrial properties. They feel good. are also able to renovate over 13,000 I’m also tempted to point out that gain energy independence. We cannot just rely on the mix of energy we have buildings per year to be more energy not only is this the most expensive way efficient. Think of it. Energy efficiency today, where 70 percent of our energy that we have ever invented to generate as our fuel of choice. is generated through coal or natural electricity, but it also adds nothing—I The other program my amendment repeat, nothing—to our baseline power. gas. addresses is the Weatherization Assist- Rather than sacrifice our future, we Our electricity systems operate on an ance Program. Some 38.6 million low- should be looking at methods of closing integrated grid, meaning that we have income, elderly, and disabled house- loopholes for the oil and gas industry. to constantly match the power going holds are eligible for renovations to be- The Acting CHAIR. The question is onto the grid with the power coming come more energy efficient and to on the amendment offered by the gen- off the grid. And since there is no way lower their electric bills. Per house- tleman from California (Mr. MCCLIN- to tell when a cloud passing over a hold, this program creates a $437 sav- solar array will immediately drop the TOCK). ings or more in annual utility bills, or The amendment was rejected. output to zero, we have to construct an about 35 percent off of a typical utility equal amount of reliable conventional AMENDMENT NO. 4 OFFERED BY TONKO bill. In 2010 alone, weatherized homes power to back up that solar power. In Mr. TONKO. Mr. Chairman, I have an nationally would have saved some $2.1 other words, for every kilowatt of solar amendment at the desk. billion. The weatherization program power we add to the grid, we also have The Acting CHAIR. The Clerk will decreases national energy consumption to pay to add an additional kilowatt of designate the amendment. by the equivalent of 24.1 million barrels backup power. The text of the amendment is as fol- of oil annually. For every $1 invested, But the principal objection I have is lows: weatherization returns $2.51 to the this: This technology was truly on the Page 216, line 23, through page 217, line 4, household and our society. verge of a breakthrough. After 175 strike ‘‘: Provided,’’ and all that follows This is an appropriations bill. Ac- years, investors would be tripping over through ‘‘et seq.)’’. cording to my colleagues across the themselves to get a piece of the action. The Acting CHAIR. The gentleman aisle, it is a bill with the sole purpose from New York is recognized for 5 min- of reducing the deficit, a noble goal. 0020 b utes. However, the State Energy Program If they are, there’s no need to sub- Mr. TONKO. Mr. Chairman, I offer and Weatherization Assistance Pro- sidize it. And if they’re not, we have no this amendment to section 1434 of the gram rider does not reduce the deficit right to force American taxpayers to Republican spending bill. The section by 1 cent. It is not about funding. It is make investments that no investor in includes language that bans funds allo- about restricting programs that work his right mind would make. cated to energy efficiency and renew- and playing politics as usual. I yield back the balance of my time. able energy from being used for the We should be focused on creating Mr. FRELINGHUYSEN. I rise in op- weatherization assistance program or jobs, reducing our dependence on for- position to the amendment. the State Energy Program. This rider eign oil, and innovating for our future.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H904 CONGRESSIONAL RECORD — HOUSE February 15, 2011 My amendment restores our ability to tive. Currently, H.R. 1 funds the Office After these cuts, there is simply no do all three without adding a single of Energy Efficiency and Renewable more fat to trim. Cutting the program cent to this bill. I ask for your support Energy at $1,467,400,000 for the remain- would cost excessive job losses and de- of this amendment. der of fiscal year 2011. faults on past commitments. While I I yield back the balance of my time. b 0030 support the gentleman’s efforts to fur- Mr. FRELINGHUYSEN. I rise in op- ther reduce spending, this amendment position to the amendment. This amendment would reduce that would go too far beyond the careful The Acting CHAIR. The gentleman amount to $1,397,400,000. This office al- balance that we have crafted in this from New Jersey is recognized for 5 ready received $16.8 billion in stimulus bill. minutes. funds, and $2.24 billion was appro- I and the committee fully intend to Mr. FRELINGHUYSEN. Mr. Chair- priated in fiscal year 2010. exert unprecedented oversight of this man, while the energy efficiency and While citizens across the country are program. So as we move forward, I renewable energy program supports re- struggling to pay their bills, it would would be happy to work with the gen- search and development important to be very difficult to justify not being tleman as we do; however, I must re- American competitiveness, the pro- able to cut $70 million from this office. gret that I oppose his amendment. gram has seen a 30 percent increase With Americans also struggling with I yield back the balance of my time. since the fiscal year 2008 and received higher gasoline prices and other fuel Mr. PASTOR of Arizona. Mr. Chair- $16.8 billion in stimulus funding in the costs rising, Congress should focus on man, I move to strike the requisite Recovery Act. Now is therefore the legislation that allows us to utilize re- number of words. right time to cut the fat and replace sources we have available to drive The Acting CHAIR. The gentleman is indiscriminate spending increases with prices down. recognized for 5 minutes. smart prioritization and oversight. The free market is the best place for Mr. PASTOR of Arizona. I join the Two programs within this account, technological innovation. Reducing chairman in opposition to this amend- Weatherization Assistance and the taxes and eliminating burdensome reg- ment. State Energy Program, do not focus on ulations will allow private companies As I stated before, we need a mix of competitiveness and instead pass fund- to bring new, more fuel-efficient tech- energy to gain energy independence. ing on to state and local governments. nologies to market when it becomes We cannot just rely on the mix of en- These two programs together have $4.7 cost effective. ergy that we have today, where 70 per- billion in unspent Recovery Act fund- With a forecasted deficit of $1.6 tril- cent of our energy is generated through ing and have encountered substantial lion this year and the national debt coal or natural gas. management challenges in the last 2 scheduled to triple in 10 years, I have Rather than sacrifice our future, we years. And I may say, substantial. serious concerns with spending more should be looking at methods for clos- The bill eliminates funding in fiscal funds on programs that have received ing loopholes in the oil and gas indus- year 2011 for weatherization and state massive increases from stimulus spend- try. I am in opposition to the amend- energy programs whose unspent Recov- ing. The President released his budget ment. ery Act funding should sustain it proposal this week which reflects a I yield back the balance of my time. through fiscal year 2011. In fact, at cur- pattern of record spending and even The Acting CHAIR. The question is rent implementation rates, which have higher taxes, this continued spending on the amendment offered by the gen- been incredibly slow, unspent funding of funds that the United States Gov- tleman from Ohio (Mr. LATTA). would last through 2012. ernment does not have as we continue The question was taken; and the Act- The amendment ignores these com- to borrow from other nations. ing Chair announced that the noes ap- monsense facts and the imperative to During the last session of Congress peared to have it. reduce spending by moving unneeded alone, the President signed into law Mr. LATTA. Mr. Chairman, I demand funding back into an already bloated over $1.8 trillion in new government a recorded vote. program. I therefore, oppose the spending and over $670 billion in new The Acting CHAIR. Pursuant to amendment and urge Members to do job-damaging tax hikes. My $70 million clause 6 of rule XVIII, further pro- the same. cut will be a small reduction in an ceedings on the amendment offered by The Acting CHAIR. The question is overbloated Federal budget. the gentleman from Ohio will be post- on the amendment offered by the gen- I yield back the balance of my time. poned. The Clerk will read. tleman from New York (Mr. TONKO). Mr. FRELINGHUYSEN. Mr. Chair- The question was taken; and the Act- man, I rise in opposition to the amend- The Clerk read as follows: ing Chair announced that the noes ap- ment. SEC. 1435. Notwithstanding section 1101, The Acting CHAIR. The gentleman the level for ‘‘Department of Energy, Energy peared to have it. Programs, Electricity Delivery and Energy Mr. TONKO. Mr. Chairman, I demand from New Jersey is recognized for 5 Reliability’’ shall be $139,000,000. a recorded vote. minutes. SEC. 1436. Notwithstanding section 1101, The Acting CHAIR. Pursuant to Mr. FRELINGHUYSEN. Mr. Chair- the level for ‘‘Department of Energy, Energy clause 6 of rule XVIII, further pro- man, the Energy Efficiency and Renew- Programs, Nuclear Energy’’ shall be ceedings on the amendment offered by able Energy program supports tech- $661,100,000. the gentleman from New York will be nology, research, and development to SEC. 1437. Notwithstanding section 1101, postponed. keep America competitive and ensure the level for ‘‘Department of Energy, Energy Programs, Fossil Energy Research and De- AMENDMENT NO. 259 OFFERED BY MR. LATTA our access to domestic energy sources. velopment’’ shall be $586,600,000. Mr. LATTA. Mr. Chairman, I have an While these are critically important SEC. 1438. Notwithstanding section 1101, amendment at the desk. goals, so too is meeting our pledge to the level for ‘‘Department of Energy, Energy The Acting CHAIR. The Clerk will substantially reduce the Nation’s def- Programs, Strategic Petroleum Reserve’’ designate the amendment. icit beginning this year. shall be $138,900,000. The text of the amendment is as fol- Our bill cuts energy efficiency and SEC. 1439. Notwithstanding section 1101, renewable energy 35 percent below the the level for ‘‘Department of Energy, Energy lows: Programs, Energy Information Administra- Page 216, line 23, after the dollar amount current level and 38 percent, or $888 tion’’ shall be $95,600,000. insert ‘‘(reduced by $70,000,000)’’. million, below the President’s fiscal SEC. 1440. Notwithstanding section 1101, Page 359, line 8, after the dollar amount year 2011 budget request. the level for ‘‘Department of Energy, Energy insert ‘‘(increased by $70,000,000)’’. The bill limits funding for programs Programs, Non-Defense Environmental The Acting CHAIR. The gentleman that are still supported by unspent Re- Cleanup’’ shall be $225,200,000. from Ohio is recognized for 5 minutes. covery Act dollars. It also eliminates SEC. 1441. Notwithstanding section 1101, Mr. LATTA. Mr. Chairman, amend- earmarks and slims down research pro- the level for ‘‘Department of Energy, Energy Programs, Uranium Enrichment Decon- ment 259 will cut $70 million from the grams by more than $500 million while tamination and Decommissioning Fund’’ Office of Energy Efficiency and Renew- preserving core activities supporting shall be $513,900,000. able Energy, which I intend to be re- American competitiveness in emerging SEC. 1442. Notwithstanding section 1101, moved from the FreedomCAR initia- energy industries. the level for ‘‘Department of Energy, Energy

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H905 Programs, Science’’ shall be $4,017,700,000: partment of Energy, Energy Programs, En- tions or operations (including programmatic Provided, That of the amount provided by ergy Information Administration’’, $400,000 or oversight responsibilities) are substan- this division for ‘‘Department of Energy, En- is rescinded. tially or entirely funded under Public Law ergy Programs, Science’’, not more than SEC. 1460. Of the unobligated balances from 111–5. $302,000,000 shall be for biological and envi- prior year appropriations available for ‘‘De- SEC. 1475. (a) None of the funds made avail- ronmental research authorized under sub- partment of Energy, Energy Programs, Non- able by this Act may be used to implement— title G of title IX of the Energy Policy Act Defense Environmental Cleanup’’, $900,000 is (1) Reasonable and Prudent Action Compo- of 2005 (42 U.S.C. 16311 et seq.). rescinded. nent 1, Reasonable and Prudent Action Com- SEC. 1443. Notwithstanding section 1101, SEC. 1461. Of the unobligated balances from ponent 2, or Reasonable and Prudent Action the level for ‘‘Department of Energy, Energy prior year appropriations available for ‘‘De- Component 3 described in the biological Programs, Departmental Administration’’ partment of Energy, Energy Programs, Ura- opinion for the operations of the Central shall be $148,900,000. nium Enrichment Decontamination and De- Valley Project and the California State SEC. 1444. Notwithstanding section 1101, commissioning Fund’’, $10,000,000 is re- Water Project issued by the United States the level for ‘‘Department of Energy, Energy scinded. Fish and Wildlife Service and dated Decem- Programs, Advanced Technology Vehicles SEC. 1462. Of the unobligated balances from ber 15, 2008; or Manufacturing Loan Program’’ shall be prior year appropriations available for ‘‘De- (2) Reasonable and Prudent Action IV.2.1 $9,998,000. partment of Energy, Energy Programs, or Reasonable and Prudent Action IV.2.3 de- SEC. 1445. Notwithstanding section 1101, Science’’, $7,200,000 is rescinded. scribed in the biological opinion for the oper- the level for ‘‘Department of Energy, Atomic SEC. 1463. Of the unobligated balances from ations of the Central Valley Project and the Energy Defense Activities, National Nuclear prior year appropriations available for ‘‘De- California State Water Project issued by the Security Administration, Weapons Activi- partment of Energy, Energy Programs, Nu- National Marine Fisheries Service and dated ties’’ shall be $6,696,400,000. clear Waste Disposal’’, $2,800,000 is rescinded. June 4, 2009. SEC. 1446. Notwithstanding section 1101, SEC. 1464. Of the unobligated balances from (b) None of the funds made available by the level for ‘‘Department of Energy, Atomic prior year appropriations available for ‘‘De- this Act may be used to implement section Energy Defense Activities, National Nuclear partment of Energy, Energy Programs, De- 10004, 10005, 10006, 10009, or 10011 of Public Security Administration, Defense Nuclear partmental Administration’’, $11,900,000 is Law 111–11. Nonproliferation’’ shall be $2,085,200,000. rescinded. Mr. FRELINGHUYSEN (during the SEC. 1447. Notwithstanding section 1101, SEC. 1465. Of the unobligated balances from the level for ‘‘Department of Energy, Atomic prior year appropriations available for ‘‘De- reading). Mr. Chairman, I ask unani- Energy Defense Activities, National Nuclear partment of Energy, Atomic Energy Defense mous consent that the remainder of Security Administration, Naval Reactors’’ Activities, National Nuclear Security Ad- the bill through page 224, line 21 be shall be $967,100,000. ministration, Defense Nuclear Nonprolifera- considered as read, printed in the SEC. 1448. Notwithstanding section 1101, tion’’, $45,500,000 is rescinded. RECORD, and open to amendment at the level for ‘‘Department of Energy, Atomic SEC. 1466. Of the unobligated balances from any point. Energy Defense Activities, National Nuclear prior year appropriations available for ‘‘De- Security Administration, Office of the Ad- The Acting CHAIR. Is there objection partment of Energy, Atomic Energy Defense to the request of the gentleman from ministrator’’ shall be $407,800,000. Activities, National Nuclear Security Ad- SEC. 1449. Notwithstanding section 1101, ministration, Naval Reactors’’, $1,200,000 is New Jersey? the level for ‘‘Department of Energy, Envi- rescinded. There was no objection. ronmental and Other Defense Activities, De- SEC. 1467. Of the unobligated balances from The Acting CHAIR. The Clerk will fense Environmental Cleanup’’ shall be prior year appropriations available for ‘‘De- read. $5,016,041,000, of which $33,700,000 shall be partment of Energy, Atomic Energy Defense The Clerk read as follows: transferred to the ‘‘Uranium Enrichment De- Activities, National Nuclear Security Ad- TITLE V—FINANCIAL SERVICES AND contamination and Decommissioning Fund’’. ministration, Office of the Administrator’’, SEC. 1450. Notwithstanding section 1101, GENERAL GOVERNMENT $4,400,000 is rescinded. the level for ‘‘Department of Energy, Envi- SEC. 1468. Of the unobligated balances from SEC. 1501. Notwithstanding section 1101, ronmental and Other Defense Activities, prior year appropriations available for ‘‘De- the level for ‘‘Department of the Treasury, Other Defense Activities’’ shall be partment of Energy, Environmental and Departmental Offices, Salaries and Ex- $773,400,000. Other Defense Activities, Defense Environ- penses’’ shall be $299,888,000, of which SEC. 1451. Of the unobligated balances from mental Cleanup’’, $11,900,000 is rescinded. $102,613,000 shall be for terrorism and finan- prior year appropriations available for SEC. 1469. Of the unobligated balances from cial intelligence activities, and the require- ‘‘Corps of Engineers—Civil, Department of prior year appropriations available for ‘‘De- ments to transfer funds to the National the Army, Construction’’, $100,000,000 is re- partment of Energy, Environmental and Academy of Science and the funding designa- scinded. Other Defense Activities, Other Defense Ac- tions related to executive direction program SEC. 1452. Of the unobligated balances from tivities’’, $3,400,000 is rescinded. activities, economic policies and program ac- prior year appropriations available for ‘‘De- SEC. 1470. Of the unobligated balances from tivities, financial policies and program ac- partment of Energy, Energy Programs, En- prior year appropriations available for tivities, Treasury-wide management policies ergy Efficiency and Renewable Energy’’, ‘‘Independent Agencies, Delta Regional Au- and program activities, and administration $11,200,000 is rescinded. thority’’, $6,000,000 is rescinded. program activities shall not apply to funds SEC. 1453. Of the unobligated balances from SEC. 1471. Of the unobligated balances from appropriated by this division. prior year appropriations available for ‘‘De- prior year appropriations available for SEC. 1502. Notwithstanding section 1101, partment of Energy, Energy Programs, Elec- ‘‘Independent Agencies, Denali Commis- the level for ‘‘Department of the Treasury, tricity Delivery and Energy Reliability’’, sion’’, $15,000,000 is rescinded. Departmental Offices, Department-wide Sys- $2,400,000 is rescinded. SEC. 1472. Within 30 days of enactment of tems and Capital Investment Programs’’ SEC. 1454. Of the unobligated balances from shall be $4,000,000. prior year appropriations available for ‘‘De- this division, the Department of Energy; SEC. 1503. Notwithstanding section 1101, partment of Energy, Energy Programs, Nu- Corps of Engineers, Civil; Nuclear Regu- the level for ‘‘Department of Treasury, Office clear Energy’’, $6,300,000 is rescinded. latory Commission; and Bureau of Reclama- of Inspector General, Salaries and Expenses’’ SEC. 1455. Of the unobligated balances from tion shall submit to the Committees on Ap- prior year appropriations available for ‘‘De- propriations of the House of Representatives shall be $29,403,000. partment of Energy, Energy Programs, Fos- and the Senate a spending, expenditure, or SEC. 1504. Notwithstanding section 1101, sil Energy Research and Development’’, operating plan for fiscal year 2011 at a level the level for ‘‘Department of the Treasury, $30,600,000 is rescinded. of detail below the account level. Departmental Offices, Special Inspector Gen- SEC. 1456. Of the unobligated balances from SEC. 1473. No rescission made in this title eral for the Troubled Asset Relief Program, prior year appropriations available for ‘‘De- shall apply to any amount previously des- Salaries and Expenses’’ shall be $36,300,000. partment of Energy, Energy Programs, ignated by the Congress as an emergency re- SEC. 1505. Notwithstanding section 1101, Naval Petroleum and Oil Shale Reserves’’, quirement pursuant to a concurrent resolu- the level for ‘‘Department of Treasury, Fi- $2,100,000 is rescinded. tion on the budget or the Balanced Budget nancial Crimes Enforcement Network, Sala- SEC. 1457. Of the unobligated balances from and Emergency Deficit Control Act of 1985. ries and Expenses’’ shall be $108,927,000. prior year appropriations available for ‘‘De- SEC. 1474. None of the funds made available SEC. 1506. Notwithstanding section 1101, partment of Energy, Energy Programs, Clean by this division or prior appropriation Acts the level for ‘‘Department of the Treasury, Coal Technology’’, $18,000,000 is rescinded. (other than Public Law 111–5) for Energy and Financial Management Service, Salaries and SEC. 1458. Of the unobligated balances from Water Development may be used to pay the Expenses’’ shall be $232,838,000. prior year appropriations available for ‘‘De- costs of employment (such as pay and bene- SEC. 1507. Notwithstanding section 1101, partment of Energy, Energy Programs, Stra- fits), or termination (such as severance pay), the level for ‘‘Department of the Treasury, tegic Petroleum Reserve’’, $15,300,000 is re- of any employee of the Department of En- Bureau of the Public Debt, Administering scinded. ergy who is appointed, employed, or retained the Public Debt’’ shall be $184,658,000. SEC. 1459. Of the unobligated balances from under the authority of, or using funds pro- SEC. 1508. Of the unobligated balances prior year appropriations available for ‘‘De- vided by, Public Law 111–5, or whose func- available under the heading ‘‘Department of

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the Treasury, Treasury Forfeiture Fund’’, SEC. 1521. Of the unobligated balances SEC. 1536. Notwithstanding section 1101, $400,000,000 is rescinded. available for ‘‘Executive Office of the Presi- none of the funds appropriated by this divi- SEC. 1509. Notwithstanding section 1101, dent and Funds Appropriated to the Presi- sion under the heading ‘‘Executive Office of the level for ‘‘Department of the Treasury, dent, Office of National Drug Control Policy, the President and Funds Appropriated to the Alcohol and Tobacco Tax and Trade Bureau, Counterdrug Technology Assessment Cen- President’’ shall be for the Director of the Salaries and Expenses’’ shall be $99,831,000, ter’’, $5,000,000 is rescinded. Office of Health Care Reform, or any sub- and the first proviso under such heading SEC. 1522. Notwithstanding section 1101, stantially similar position. shall not apply to funds appropriated by this the level for ‘‘Executive Office of the Presi- SEC. 1537. Notwithstanding section 1101, division. dent and Funds Appropriated to the Presi- the level for ‘‘The Judiciary, Supreme Court SEC. 1510. Notwithstanding section 1101, dent, Council of Economic Advisors, Salaries of the United States, Care of the Building the level for ‘‘Department of the Treasury, and Expenses’’ shall be $3,990,000. and Grounds’’ shall be $8,175,000. Community Development Financial Institu- SEC. 1523. Notwithstanding section 1101, SEC. 1538. Notwithstanding section 1101, tions Fund Program Account’’ shall be the level for ‘‘Executive Office of the Presi- the level for ‘‘The Judiciary, Courts of Ap- $50,000,000 for financial assistance, technical dent and Funds Appropriated to the Presi- peals, District Courts, and Other Judicial assistance, training outreach programs, and dent, National Security Council, Salaries Services, Salaries and Expenses’’ shall be administrative expenses, of which not less and Expenses’’ shall be $11,619,000. $4,860,585,000. than $2,500,000 shall be for programs under SEC. 1524. Notwithstanding section 1101, SEC. 1539. Notwithstanding section 1101, sections 105 through 109 of the Community the level for ‘‘Executive Office of the Presi- the level for ‘‘The Judiciary, Courts of Ap- Development Banking and Financial Institu- dent and Funds Appropriated to the Presi- peals, District Courts, and Other Judicial tions Act of 1994 (12 U.S.C. 4704–4708) designed dent, Office of Administration, Salaries and Services, Fees of Jurors and Commissioners’’ to benefit Native communities; and the re- Expenses’’ shall be $109,516,000. shall be $52,410,000. EC quirement to transfer funds to the Capital SEC. 1525. Notwithstanding section 1101, S . 1540. Notwithstanding section 1101, Magnet Fund and the funding designations the level for ‘‘Executive Office of the Presi- the level for ‘‘The Judiciary, Administrative for pilot project grants and administration dent and Funds Appropriated to the Presi- Office of the United States Courts, Salaries shall not apply to funds appropriated by this dent, Office of Management and Budget, Sal- and Expenses’’ shall be $82,575,000. SEC. 1541. Notwithstanding section 1101, division. aries and Expenses’’ shall be $88,220,000. the level for ‘‘The Judiciary, Federal Judi- SEC. 1511. Notwithstanding section 1101, SEC. 1526. Notwithstanding section 1101, cial Center, Salaries and Expenses’’ shall be the level for ‘‘Department of the Treasury, the level for ‘‘Executive Office of the Presi- $27,078,000. Internal Revenue Service, Taxpayer Serv- dent and Funds Appropriated to the Presi- ices’’ shall be $2,187,836,000. SEC. 1542. Notwithstanding section 1101, dent, Office of National Drug Control Policy, the level for ‘‘The Judiciary, United States SEC. 1512. Notwithstanding section 1101, Salaries and Expenses’’ shall be $24,886,000. the level for ‘‘Department of the Treasury, Sentencing Commission, Salaries and Ex- SEC. 1527. Of the unobligated balances Internal Revenue Service, Enforcement’’ penses’’ shall be $16,737,000. available for ‘‘Executive Office of the Presi- SEC. 1543. Notwithstanding section 1101, shall be $5,219,016,000. dent and Funds Appropriated to the Presi- SEC. 1513. Notwithstanding section 1101, the level for ‘‘The Judiciary, Courts of Ap- dent, Office of National Drug Control Policy, the level for ‘‘Department of the Treasury, peals, District Courts, and Other Judicial Salaries and Expenses’’ for policy research Internal Revenue Service, Operations Sup- Services, Court Security’’ shall be and evaluation, $2,000,000 is rescinded. port’’ shall be $3,856,894,000, and the funding $467,607,000. SEC. 1528. Notwithstanding section 1101, designations for tax enforcement under such SEC. 1544. The amount included in the sec- the level for ‘‘Executive Office of the Presi- heading shall not apply to funds appro- ond paragraph under the heading ‘‘The Judi- dent and Funds Appropriated to the Presi- priated by this division. ciary, Courts of Appeals, District Courts, and SEC. 1514. Notwithstanding section 1101, dent, Office of National Drug Control Policy, Other Judicial Services, Salaries and Ex- and section 101 of division C of Public Law Counterdrug Technology Assessment Cen- penses’’ in division C of Public Law 111–117 111–117, the Secretary of the Treasury is au- ter’’ shall be $0. shall be applied to funds appropriated by this thorized to transfer up to $83,211,000 of the SEC. 1529. Notwithstanding section 1101, division by substituting ‘‘$4,785,000’’ for funds appropriated to the Internal Revenue the level for ‘‘Executive Office of the Presi- ‘‘$5,428,000’’. Service for ‘‘Enforcement’’ and ‘‘Operations dent and Funds Appropriated to President, SEC. 1545. Of the unobligated balances Support’’ to ‘‘Business Systems Moderniza- Unanticipated Needs’’ shall be $0. available for ‘‘The Judiciary, United States SEC. 1530. Notwithstanding section 1101, tion’’ upon notification and approval of the Sentencing Commission, Salaries and Ex- the level for ‘‘Executive Office of the Presi- House and Senate Committees on Appropria- penses’’, $100,000 is rescinded. dent and Funds Appropriated to the Presi- tions. SEC. 1546. Section 203(c) of the Judicial Im- SEC. 1515. Notwithstanding section 1101, dent, Partnership Fund for Program Integ- provements Act of 1990 (Public Law 101–650; section 105 of division C of Public Law 111– rity Innovation’’ shall be $0. 28 U.S.C. 133 note) is amended in the third 117 shall not apply to funds appropriated by SEC. 1531. Notwithstanding section 1101, sentence (relating to the District of Kansas) this division. the level for ‘‘Executive Office of the Presi- by striking ‘‘19 years’’ and inserting ‘‘20 SEC. 1516. None of the funds made available dent and Funds Appropriated to the Presi- years’’. by this division may be used by the Internal dent, Special Assistance to the President, SEC. 1547. Notwithstanding section 1101, Revenue Service to implement or enforce Salaries and Expenses’’ shall be $4,374,000. the level for ‘‘District of Columbia, Federal any amendment made to section 6041 of the SEC. 1532. Notwithstanding section 1101, Funds, Federal Payment to the District of Internal Revenue Code of 1986 by section 9006 the level for ‘‘Executive Office of the Presi- Columbia Courts’’ shall be $235,660,000, of of the Patient Protection and Affordable dent and Funds Appropriated to the Presi- which $50,000,000 shall be for capital improve- Care Act (Public Law 111–148). dent, Official Residence of the Vice Presi- ments. SEC. 1517. (a) During fiscal year 2011, the dent, Operating Expenses’’ shall be $314,000. SEC. 1548. (a) Notwithstanding section 1101, Board of Governors of the Federal Reserve SEC. 1533. Of the unobligated balances the level for ‘‘District of Columbia, Federal may not transfer more than $80,000,000 to the available for ‘‘Executive Office of the Presi- Funds, Federal Payment for School Improve- Bureau of Consumer Financial Protection for dent and Funds Appropriated to the Presi- ment’’ shall be $60,000,000, of which $24,500,000 activities authorized to be carried out by the dent, Partnership Fund for Program Integ- shall be for the District of Columbia Public Bureau under title X of the Dodd-Frank Wall rity Innovation’’, $10,000,000 is rescinded. Schools, $20,000,000 shall be to expand quality Street Reform and Consumer Protection Act. SEC. 1534. Notwithstanding section 1101, public charter schools, and $15,500,000 shall (b) During fiscal year 2011, the Bureau of the level for ‘‘Executive Office of the Presi- be for opportunity scholarships, and the sec- Consumer Financial Protection may not ob- dent and Funds Appropriated to the Presi- ond reference to ‘‘$1,000,000’’ under such ligate more than $80,000,000 for such activi- dent, Office of National Drug Control Policy, heading shall be applied to funds appro- ties. Other Federal Drug Control Programs’’ shall priated by this division by substituting ‘‘$0’’. SEC. 1518. Notwithstanding section 1101, be $96,425,000, of which $85,500,000 shall be for (b) The authority and conditions provided the level for ‘‘Executive Office of the Presi- the Drug-Free Communities Program; in the District of Columbia Appropriations dent and Funds Appropriated to the Presi- $9,025,000 shall be for anti-doping activities; Act, 2010 (Public Law 111–117; 123 Stat. 3181) dent, The White House, Salaries and Ex- and the matter related to a national media under the heading described in subsection (a) penses’’ shall be $56,186,000. campaign, the National Drug Court Insti- shall apply with respect to the funds made SEC. 1519. Notwithstanding section 1101, tute, the United States Anti-Doping Agency, available under this division, with the fol- the level for ‘‘Executive Office of the Presi- Model State Drug Laws and performance lowing modifications: dent and Funds Appropriated to the Presi- measures shall not apply to the funds appro- (1) The first proviso under such heading dent, Executive Residence at the White priated by this division. shall not apply. House, Operating Expenses’’ shall be SEC. 1535. Notwithstanding section 1101, (2) Notwithstanding the second proviso $13,146,000. none of the funds appropriated by this divi- under such heading, the funds may be made SEC. 1520. Notwithstanding section 1101, sion under heading ‘‘Executive Office of the available for scholarships to students, with- the level for ‘‘Executive Office of the Presi- President and Funds Appropriated to the out regard to whether any student received a dent and Funds Appropriated to the Presi- President’’ shall be for an Assistant to the scholarship in any prior school year. dent, White House Repair and Restoration’’ President for Energy and Climate Change, or (3) The fourth proviso under such heading shall be $2,005,000. any substantially similar position. shall not apply.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H907 (4) Notwithstanding the fifth proviso under tional Credit Union Administration, Commu- tems Protection Board, Salaries and Ex- such heading, the Secretary of Education nity Development Revolving Loan Fund’’ penses’’ in division C of Public Law 111–117 shall ensure that site inspections of partici- shall be $500,000. shall be applied to funds appropriated by this pating schools are conducted annually. SEC. 1567. Notwithstanding section 1101, division by substituting ‘‘$39,000,000’’ for SEC. 1549. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Privacy ‘‘$40,339,000’’. the level for ‘‘District of Columbia, Federal and Civil Liberties Oversight Board, Salaries SEC. 1580. The amounts included under the Funds, Federal Payment to the District of and Expenses’’ shall be $100,000. heading ‘‘Independent Agencies, Office of Columbia Water and Sewer Authority’’ shall SEC. 1568. Notwithstanding section 1101, Personnel Management, Salaries and Ex- be $10,000,000. the level for ‘‘Independent Agencies, Con- penses’’ in division C of Public Law 111–117 SEC. 1550. Notwithstanding section 1101, sumer Product Safety Commission, Salaries shall be applied to funds appropriated by this the level for ‘‘District of Columbia, Federal and Expenses’’ shall be $115,018,000, of which division as follows: Funds, Federal Payment to the Criminal $500,000 shall be for the Virginia Graeme (1) By substituting ‘‘$101,270,000’’ for Justice Coordinating Council’’ shall be Baker Pool and Spa Safety Act grant pro- ‘‘$102,970,000’’. $1,800,000. gram. (2) By substituting ‘‘$111,038,000’’ for SEC. 1569. Of the unobligated balances SEC. 1551. Notwithstanding section 1101, ‘‘$112,738,000’’. available under the heading ‘‘Independent the level for ‘‘District of Columbia, Federal SEC. 1581. The amounts included under the Agencies, Consumer Product Safety Commis- Funds, Federal Payment to the Office of the heading ‘‘Independent Agencies, Office of sion, Salaries and Expenses’’ for the Virginia Chief Financial Officer for the District of Co- Personnel Management, Office of Inspector Graeme Baker Pool and Spa Safety Act lumbia’’ shall be $0. General’’ in division C of Public Law 111–117 grant program, $2,000,000 is rescinded. SEC. 1552. Notwithstanding section 1101, shall be applied to funds appropriated by this the level for ‘‘District of Columbia, Federal SEC. 1570. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Elec- division as follows: Funds, Federal Payment for Consolidated (1) By substituting ‘‘$2,136,000’’ for Laboratory Facility’’ shall be $0. tion Assistance Commission, Salaries and Expenses’’ shall be $15,020,000, of which ‘‘$3,148,000’’. SEC. 1553. Notwithstanding section 1101, (2) By substituting ‘‘20,428,000’’ for the level for ‘‘District of Columbia, Federal $2,345,000 shall be transferred to the National Institute of Standards and Technology for ‘‘21,215,000’’. Funds, Federal Payment for Housing for the SEC. 1582. Notwithstanding section 1101, Homeless’’ shall be $10,000,000. election reform activities authorized under the Help America Vote Act of 2002 (Public the level for ‘‘Independent Agencies, Office SEC. 1554. Notwithstanding section 1101, of Special Counsel, Salaries and Expenses’’ the level for ‘‘District of Columbia, Federal Law 107–252), the level under such heading for the Help America Vote College Program shall be $18,300,000. Funds, Federal Payment for Youth Services’’ SEC. 1583. Of the unobligated balances shall be $0. shall be $0, and the level under such heading for a competitive grant program to support available for ‘‘Independent Agencies, Privacy SEC. 1555. Notwithstanding any other pro- community involvement in student and par- and Civil Liberties Oversight Board, Salaries vision of this division, except section 1106, and Expenses’’, $1,500,000 is rescinded. the District of Columbia may expend local ent mock elections shall be $0. SEC. 1571. Of the unobligated balances SEC. 1584. Notwithstanding section 1101, funds for programs and activities under the available for ‘‘Independent Agencies, Elec- the level provided under section 523 of divi- heading ‘‘District of Columbia Funds’’ for tion Assistance Commission, Election Re- sion C of Public Law 111–117 shall be $0. such programs and activities under title IV form Programs’’, $5,000,000 is rescinded. SEC. 1585. Notwithstanding section 1101, of S. 3677 (111th Congress), as reported by the SEC. 1572. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Small Committee on Appropriations of the Senate, the aggregate amount of new obligational Business Administration, Salaries and Ex- at the rate set forth under ‘‘District of Co- authority provided under the heading ‘‘Inde- penses’’ shall be $408,438,000. lumbia Funds’’ as included in the Fiscal pendent Agencies, General Services Adminis- SEC. 1586. The amounts included under the Year 2011 Budget Request Act (D.C. Act 18– tration, Real Property Activities, Federal heading ‘‘Independent Agencies, United 448), as modified as of the date of the enact- Buildings Fund, Limitations on Availability States Postal Service, Payment to the Post- ment of this division. of Revenue’’ for Federal buildings and court- al Service Fund’’ in division C of Public Law SEC. 1556. Notwithstanding section 1101, houses and other purposes of the Fund shall 111–117 shall be applied to funds appropriated the level for ‘‘Independent Agencies, Chris- be $7,428,007,000, of which (1) $0 is for ‘‘Con- by this division as follows: topher Columbus Fellowship Foundation, struction and Acquisition’’; and (2) (1) By substituting ‘‘$103,905,000’’ for Salaries and Expenses’’ shall be $500,000. $280,000,000 is for ‘‘Repairs and Alterations’’, ‘‘$118,328,000’’. SEC. 1557. Notwithstanding section 1101, of which $260,000,000 is for basic repairs and (2) By substituting ‘‘$74,905,000’’ for the level for ‘‘Independent Agencies, Elec- alterations and $20,000,000 is for fire and life ‘‘$89,328,000’’. tion Assistance Commission, Election Re- safety programs. (3) By substituting ‘‘2011’’ for ‘‘2010’’. form Programs’’ shall be $0. SEC. 1573. Notwithstanding section 1101, SEC. 1587. Notwithstanding section 1101, SEC. 1558. Notwithstanding section 1101, the level for ‘‘Independent Agencies, General the level for ‘‘Independent Agencies, Securi- the level for ‘‘Independent Agencies, General Services Administration, General Activities, ties and Exchange Commission, Salaries and Service Administration, General Activities, Operating Expenses’’ shall be $71,381,000 and Expenses’’ shall be $1,069,916,000 and the pro- Government-Wide Policy’’ shall be matters pertaining to the amount of viso pertaining to prior year unobligated bal- $59,068,000. $1,000,000 shall not apply to funds appro- ances shall not apply to funds appropriated SEC. 1559. Notwithstanding section 1101, priated by this division. by this division. the level for ‘‘Independent Agencies, Federal SEC. 1574. Notwithstanding section 1101, Deposit Insurance Corporation, Office of the the level for ‘‘Independent Agencies, Na- Mrs. EMERSON (during the reading). Inspector General’’ shall be $42,942,000. tional Archives and Records Administration, Mr. Chairman, I ask unanimous con- SEC. 1560. Notwithstanding section 1101, Operating Expenses’’ shall be $336,372,000. sent that the remainder of the bill the level for ‘‘Independent Agencies, Federal SEC. 1575. Notwithstanding section 1101, through page 243, line 4 be considered Labor Relations Authority, Salaries and Ex- the level for ‘‘Independent Agencies, Na- as read, printed in the RECORD, and penses’’ shall be $24,500,000. tional Archives and Records Administration, open to amendment at any point. SEC. 1561. Notwithstanding section 1101, Electronic Records Archives’’ shall be The Acting CHAIR. Is there objection the level for ‘‘Independent Agencies, General $72,000,000, of which $52,500,000 shall remain Services Administration, Electronic Govern- available until September 30, 2013. to the request of the gentlewoman ment Fund’’ shall be $2,000,000. SEC. 1576. Notwithstanding section 1101, from Missouri? SEC. 1562. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Na- There was no objection. the level for ‘‘Independent Agencies, General tional Archives and Records Administration, The Acting CHAIR. The Clerk will Services Administration, Federal Citizen Repairs and Restoration’’ shall be $11,730,000. read. Services Fund’’ shall be $34,689,000. SEC. 1577. Notwithstanding section 1101, The Clerk read as follows: SEC. 1563. Notwithstanding section 1101, the level for ‘‘Independent Agencies, Na- the level for ‘‘Independent Agencies, Federal tional Archives and Records Administration, SEC. 1588. Notwithstanding section 1101, Election Commission, Salaries and Ex- National Historical Publications and the level for ‘‘Independent Agencies, Selec- penses’’ shall be $65,835,000. Records Commission, Grants Program’’ shall tive Service System, Salaries and Expenses’’ SEC. 1564. Notwithstanding section 1101, be $4,000,000. shall be $24,032,000. the level for ‘‘Independent Agencies, Federal SEC. 1578. Of the unobligated balances 0040 Trade Commission, Salaries and Expenses’’ available under the heading ‘‘Independent b shall be $288,783,000. Agencies, National Archives and Records Ad- AMENDMENT NO. 98 OFFERED BY MR. DEFAZIO SEC. 1565. Notwithstanding section 1101, ministration, Repairs and Restoration’’ Mr. DEFAZIO. Mr. Chairman, I have the level for ‘‘Independent Agencies, Morris $3,198,000 is rescinded, which shall be derived an amendment at the desk. K. Udall and Stewart Udall Foundation, Mor- from amounts made available for a new re- The Acting CHAIR. The Clerk will ris K. Udall and Stewart Udall Trust Fund’’ gional archives and records facility in An- shall be $1,000,000. chorage, Alaska. designate the amendment. SEC. 1566. Notwithstanding section 1101, SEC. 1579. The amounts included under the The text of the amendment is as fol- the level for ‘‘Independent Agencies, Na- heading ‘‘Independent Agencies, Merit Sys- lows:

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H908 CONGRESSIONAL RECORD — HOUSE February 15, 2011 Page 243, line 7, after the dollar amount, like. They also will hire passenger time. I can understand the gentleman’s insert ‘‘(reduced by $24,032,000)’’. motor vehicles and for official recep- skepticism, but this is the first we’ve Page 359, line 10, after the dollar amount, tion and representation expenses—all heard of this. I think it would be better insert ‘‘(increased by $24,032,000)’’. for a dead bureaucracy that does noth- for the committee to look at this and The Acting CHAIR. The gentleman ing and never will do anything. maybe have a hearing on this and then from Oregon is recognized for 5 min- Now, colleagues, truly if we are seri- we can address it again in the 2012 bill. utes. ous here, if we are in a crisis and we’re The Acting CHAIR. The question is Mr. DEFAZIO. I had hoped to be going to cut programs that actually on the amendment offered by the gen- joined by Dr. PAUL, who is a coauthor have large constituencies; my phone’s tleman from Oregon (Mr. DEFAZIO). of this amendment. Unfortunately been ringing off the hook about public The question was taken; and the Act- given the very late hour, I’m not cer- broadcasting. Other people are hearing ing Chair announced that the noes ap- tain he’ll make it. However, we’re talk- about other programs. Here’s one peared to have it. ing tonight about making cuts. We’ve where you’re not going to get a single Mr. DEFAZIO. Mr. Chairman, I de- heard in the earlier debate of programs call except maybe a thank-you if you mand a recorded vote. that actually have constituencies, ac- eliminate this useless bureaucracy that The Acting CHAIR. Pursuant to tually serve Americans: The COPS pro- will never be activated for any purpose, clause 6 of rule XVIII, further program which puts officers on the beat foreseeable, in the future. ceedings on the amendment offered by and helps with drug interdiction, drug Colleagues, we have twice actually in the gentleman from Oregon will be prevention; the LIHEAP program pro- the House voted to end the Selective postponed. viding financial assistance to families Service System: in 1993 when Demo- The Clerk will read. who can’t afford to heat their homes. crats were in control and in 1999 when The Clerk read as follows: The list is long. But there are a few the Republicans were in control. Unfor- SEC. 1589. Notwithstanding section 1101, programs in the government which tunately, the termination of the pro- the level for ‘‘Independent Agencies, United have no constituency and no purpose, gram never became law. Now is the States Tax Court, Salaries and Expenses’’ and this is one of them. And somehow time. Now is the time. I’m just dedi- shall be $52,093,000, of which $2,852,000 shall it escaped the knife, which I assume cating the money to deficit reduction. be for security improvements. It could be used to restore some meri- SEC. 1590. Section 814 of division C of Pub- was just an oversight. So I’m hoping to lic Law 111–117 shall be applied to funds ap- persuade the committee to adopt this torious spending elsewhere within this propriated by this division by striking ‘‘Fed- amendment. This is the expenditures title by somebody else. eral’’. for the Selective Service System of the With that, I would yield back the bal- SEC. 1591. (a) Notwithstanding section 1101, United States of America, i.e., the ance of my time and urge my col- and section 810 of division C of Public Law draft boards. That is, if we believe that leagues to end this useless bureauc- 111–117, none of the funds contained in this at some time in the future that the racy. division may be used for any program of dis- United States of America is going to Mrs. EMERSON. Mr. Chairman, I rise tributing sterile needles or syringes for the hypodermic injection of any illegal drug. reimpose the draft, then one might in opposition to this amendment. The Acting CHAIR. The gentlewoman (b) Any individual or entity who receives want to maintain this bureaucracy in any funds contained in this division and who deep standby. On the other hand, it from Missouri is recognized for 5 min- carries out any program described in sub- might not, because the few times that utes. section (a) shall account for all funds used this agency has attempted to test its Mrs. EMERSON. Thank you, Mr. for such program separately from any funds capabilities with its obsolete computer Chairman. contained in this division. While most would hope that we systems, which could be surpassed by TITLE VI—HOMELAND SECURITY would never need to use the draft anything available publicly on the SEC. 1601. Within 30 days after the date of again, I think this agency is an impor- Internet, they showed that they enactment of this division, the Department tant insurance policy against unfore- couldn’t have conducted a legal draft. of Homeland Security shall submit to the seen threats. If we eliminate the Selec- Committees on Appropriations of the Senate And even if they could have conducted tive Service System, it would take us and the House of Representatives an expendi- a legal draft, we no longer have a surge over a year to draft men into military ture plan for fiscal year 2011 that displays capacity at our training bases so we service, whereas now it would take 90 the level of funding by program, project, and would be drafting people for no pur- to 120 days. And in any kind of an activity consistent with the table of detailed pose. Beyond that, I don’t think there funding recommendations contained at the emergency, wartime situation, this are many in this House who believe end of the joint explanatory statement ac- could be disastrous. Further, we’re al- that we are going to go back to having companying the Department of Homeland most 6 months into the budget year a draft. The Pentagon doesn’t want to Security Appropriations Act, 2010 (Public and the Selective Service has already Law 111–83). go back to a draft. The Pentagon has spent money on salaries and expenses, SEC. 1602. Notwithstanding section 1101, said time and time and time again they so we really can’t take all of their the level for ‘‘Department of Homeland Se- believe in an all-volunteer military; money away. This is a small agency curity, Office of the Secretary and Executive the all-volunteer military is superior Management’’ shall be $136,818,000. with the potential to avert a crisis, to forced enlistment, as in the years of SEC. 1603. Notwithstanding section 1101, should the draft ever be reinstated. the level for ‘‘Department of Homeland Se- the draft. We’re a higher quality, we’re I urge a ‘‘no’’ vote on this amend- using significant incentives to get peo- curity, Office of the Under Secretary for ment. Management’’ shall be $239,933,000. ple to enlist in the military, and we I yield back the balance of my time. SEC. 1604. Notwithstanding section 1101, have the best military in the world as Mr. DICKS. Mr. Chairman, I move to the level for ‘‘Department of Homeland Se- a result. strike the requisite number of words, curity, Office of the Chief Information Offi- So why would we maintain this bu- in opposition to this amendment. cer’’ shall be $333,393,000, of which not less reaucracy? Here’s what they spent $25 The Acting CHAIR. The gentleman than $77,788,000 shall be available for data million on, or intend to, this year. It from Washington is recognized for 5 center development and migration. SEC. 1605. Notwithstanding section 1101, will be used for expenses of attendance minutes. at meetings. For purchase of uniforms. the level for ‘‘Department of Homeland Se- Mr. DICKS. The Selective Service is curity, Office of the Federal Coordinator for Now beyond me, I’m not certain what a readiness issue. If we don’t have the Gulf Coast Rebuilding’’ shall be $0. the uniforms are. I served actually on a process all set up, it would take 2 years SEC. 1606. Notwithstanding section 1101, draft board once and we didn’t have to restore it. And if we’re in a national the level for ‘‘Department of Homeland Se- uniforms. I don’t know. I guess now emergency—that’s why we put the Se- curity, U.S. Customs and Border Protection, we’ve got uniforms for people who are lective Service thing in place—because Salaries and Expenses’’ shall be $8,212,626,000: going to go sit somewhere and hear if we were in a national emergency and Provided, That for fiscal year 2011, the Border claims, if we ever reimpose the draft. I we had to get more people and we Patrol shall maintain an active duty presence of not fewer than 20,500 full-time equiv- really don’t know who they’re pur- couldn’t do it through the all-volunteer alent agents throughout the fiscal year. chasing uniforms for or what the pur- force, we have to have a way to do it. SEC. 1607. Notwithstanding section 1101, pose might be or what a Selective And so we put this in place several the level for ‘‘Department of Homeland Se- Service member’s uniform might look years ago. It was very bipartisan at the curity, U.S. Customs and Border Protection,

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00112 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H909 Automation Modernization’’ shall be curity, Transportation Security Administra- Directorate, United States Visitor and Immi- $341,575,000, of which $153,090,000 shall be for tion, Transportation Security Support’’ shall grant Status Indicator Technology’’ shall be the Automated Commercial Environment. be $988,638,000: Provided, That within ‘‘De- $334,613,000. SEC. 1608. (a) Notwithstanding section 1101, partment of Homeland Security, Transpor- SEC. 1626. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- tation Security Administration, Transpor- the level for ‘‘Department of Homeland Se- curity, U.S. Customs and Border Protection, tation Security Support’’, funding for intel- curity, Office of Health Affairs’’ shall be Border Security Fencing, Infrastructure, and ligence and international programs shall be $134,250,000. Technology’’ shall be $450,000,000. no less than the level provided for such pur- SEC. 1627. Notwithstanding section 1101, (b) Paragraph (11) of the first proviso and poses for fiscal year 2010: Provided further, the level for ‘‘Department of Homeland Se- the third and fourth provisos under the head- That within ‘‘Department of Homeland Secu- curity, Federal Emergency Management ing ‘‘Border Security Fencing, Infrastruc- rity, Transportation Security Administra- Agency, Management and Administration’’ ture, and Technology’’ of Public Law 111–83 tion, Transportation Security Support’’, shall be $773,350,000, of which $0 shall be for shall not apply to funds appropriated by this funding for headquarters administration and capital improvements at the Mount Weather division. information technology shall not exceed Emergency Operations Center. SEC. 1609. Notwithstanding section 1101, $705,239,000. SEC. 1628. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- SEC. 1618. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- curity, U.S. Customs and Border Protection, the level for ‘‘Department of Homeland Se- curity, Federal Emergency Management Air and Marine Interdiction, Operations, curity, Transportation Security Administra- Agency, State and Local Programs’’ shall be Maintenance, and Procurement’’ shall be tion, Federal Air Marshals’’ shall be $2,149,500,000: Provided, That of the amount $516,326,000. $934,802,000. provided by this division for the State Home- SEC. 1610. Notwithstanding section 1101, SEC. 1619. Notwithstanding section 1101, land Security Grant Program under such the level for ‘‘Department of Homeland Se- the level for ‘‘Department of Homeland Se- heading, $50,000,000 shall be for the Driver’s curity, U.S. Customs and Border Protection, curity, Coast Guard, Operating Expenses’’ License Security Grant Program and Construction and Facilities Management’’ shall be $6,885,432,000 of which $241,503,000 is $10,000,000 shall be for the Citizen Corps Pro- shall be $241,040,000. designated as being for contingency oper- gram: Provided further, That the amounts SEC. 1611. Notwithstanding section 1101, ations directly related to the global war on provided by this division for the Citizen the level for ‘‘Department of Homeland Se- terrorism pursuant to section 3(c)(2) of H. Corps Program under such heading shall not curity, U.S. Immigration and Customs En- Res. 5 (112th Congress), and as an emergency be subject to the requirements of subtitle A forcement, Salaries and Expenses’’ shall be requirement pursuant to section 403(a) of S. of title XX of the Homeland Security Act of $5,399,894,000: Provided, That U.S. Immigra- Con. Res. 13 (111th Congress): Provided, That 2002 (6 U.S.C. 603 et seq.): Provided further, tion and Customs Enforcement shall main- the Coast Guard may decommission one Me- That the amounts included under such head- tain a level of not fewer than 33,400 detention dium Endurance Cutter, two High Endurance ing in Public Law 111–83 shall be applied to beds throughout fiscal year 2011. Cutters, four HU–25 aircraft, and one Mari- funds appropriated by this division as fol- SEC. 1612. Notwithstanding section 1101, time Safety and Security Team, and may lows: in paragraph (1), by substituting the level for ‘‘Department of Homeland Se- make necessary staffing adjustments at the ‘‘$900,000,000’’ for ‘‘$950,000,000’’; in paragraph curity, U.S. Immigration and Customs En- Coast Guard Investigative Service and other (2), by substituting ‘‘$800,000,000’’ for forcement, Automation Modernization’’ support units, as specified in the budget jus- ‘‘$887,000,000’’; in paragraph (3), by sub- shall be $75,000,000. tification materials for fiscal year 2011 as stituting ‘‘$0’’ for ‘‘$35,000,000’’; in paragraph SEC. 1613. Notwithstanding section 1101, submitted to the Committees on Appropria- (5), by substituting ‘‘$0’’ for ‘‘$13,000,000’’; in the level for ‘‘Department of Homeland Se- tions of the Senate and House of Representa- paragraph (6), by substituting ‘‘$100,000,000’’ curity, U.S. Immigration and Customs En- tives: Provided further, That the Coast Guard for ‘‘$300,000,000’’; in paragraph (7), by sub- forcement, Construction’’ shall be $0. shall submit a future-years capital invest- stituting ‘‘$100,000,000’’ for ‘‘$300,000,000’’; in SEC. 1614. Notwithstanding section 1101, ment plan, as specified in the Department of paragraph (8), by substituting ‘‘$5,000,000’’ for the level for ‘‘Department of Homeland Se- Homeland Security Appropriations Act, 2010 ‘‘$12,000,000’’; in paragraph (9), by sub- curity, Transportation Security Administra- (Public Law 111–83), for fiscal years 2012 stituting ‘‘$0’’ for ‘‘$50,000,000’’; in paragraph tion, Aviation Security’’ shall be through 2016 to the Committees on Appro- (10), by substituting ‘‘$0’’ for ‘‘$50,000,000’’; in $5,113,796,000: Provided, That the amounts in- priations of the Senate and House of Rep- paragraph (11), by substituting ‘‘$0’’ for cluded under such heading in Public Law 111– resentatives in conjunction with the budget ‘‘$50,000,000’’; in paragraph (12), by sub- 83 shall be applied to funds appropriated by justification materials for fiscal year 2012. stituting ‘‘$0’’ for each amount in such para- this division as follows: by substituting SEC. 1620. Notwithstanding section 1101, graph; in paragraph (13), by substituting ‘‘$5,113,796,000’’ for ‘‘$5,214,040,000’’; by sub- the level for ‘‘Department of Homeland Se- ‘‘$203,500,000’’ for ‘‘$267,200,000’’; in paragraph stituting ‘‘$4,121,329,000’’ for ‘‘$4,358,076,000’’; curity, Coast Guard, Acquisition, Construc- (13)(A), by substituting ‘‘$112,500,000’’ for by substituting ‘‘$607,891,000’’ for tion, and Improvements’’ shall be ‘‘$164,500,000’’; in paragraph (13)(B), by sub- ‘‘$1,116,406,000’’; by substituting ‘‘$992,467,000’’ $1,427,783,000, of which $42,000,000 shall be for stituting ‘‘$0’’ for ‘‘$1,700,000’’; and in para- for ‘‘$855,964,000’’; by substituting vessels, small boats, critical infrastructure, graph (13)(C), by substituting ‘‘$0’’ for ‘‘$291,266,000’’ for ‘‘$778,300,000’’; by sub- and related equipment; of which $36,000,000 ‘‘$3,000,000’’: Provided further, That 4.5 per- stituting ‘‘9 percent’’ for ‘‘28 percent’’; and shall be for other equipment; of which cent of the amount provided for ‘‘Depart- by substituting ‘‘$3,013,796,000’’ for $49,200,000 shall be for shore facilities and ment of Homeland Security, Federal Emer- ‘‘$3,114,040,000’’: Provided further, That none aids to navigation facilities; of which gency Management Agency, State and Local of the funds in this division may be used for $106,083,000 shall be available for personnel Programs’’ by this division shall be trans- any recruiting or hiring of personnel into the compensation and benefits and related costs; ferred to ‘‘Department of Homeland Secu- Transportation Security Administration and of which $1,194,500,000 shall be for the In- rity, Federal Emergency Management Agen- that would cause the agency to exceed a tegrated Deepwater Systems program: Pro- cy, Management and Administration’’ for staffing level of 46,000 full-time equivalent vided, That of the funds made available for program administration. screeners: Provided further, That not later the Integrated Deepwater Systems program, than August 15, 2011, the Secretary of Home- $101,000,000 is for aircraft and $938,000,000 is b 0050 land Security shall submit a detailed report for surface ships. Mr. ADERHOLT (during the reading). on (1) the Department’s efforts and the re- SEC. 1621. Notwithstanding section 1101, Mr. Chairman, I ask unanimous con- sources being devoted to develop more ad- the level for ‘‘Department of Homeland Se- sent that the remainder of the bill vanced, integrated passenger screening tech- curity, Coast Guard, Alteration of Bridges’’ nologies for the most effective security of shall be $0. through page 253, line 6 be considered passengers and baggage at the lowest pos- SEC. 1622. Notwithstanding section 1101, as read, printed in the RECORD and sible operating and acquisition costs, and (2) the level for ‘‘Department of Homeland Se- open to amendment at any point. how the Transportation Security Adminis- curity, United States Secret Service, Sala- The Acting CHAIR. Is there objection tration is deploying its existing screener ries and Expenses’’ shall be $1,499,669,000. to the request of the gentleman from workforce in the most cost-effective manner. SEC. 1623. Notwithstanding section 1101, Alabama? SEC. 1615. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- There was no objection. the level for ‘‘Department of Homeland Se- curity, National Protection and Programs The Acting CHAIR. The Clerk will curity, Transportation Security Administra- Directorate, Management and Administra- tion, Surface Transportation Security’’ shall tion’’ shall be $43,577,000. read. be $105,961,000. SEC. 1624. Notwithstanding section 1101, The Clerk read as follows: SEC. 1616. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- SEC. 1629. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- curity, National Protection and Programs the level for ‘‘Department of Homeland Se- curity, Transportation Security Administra- Directorate, Infrastructure Protection and curity, Federal Emergency Management tion, Transportation Threat Assessment and Information Security’’ shall be $805,965,000. Agency, Firefighter Assistance Grants’’ for Credentialing’’ shall be $162,999,000. SEC. 1625. Notwithstanding section 1101, programs authorized by the Federal Fire SEC. 1617. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- Prevention and Control Act of 1974 (15 U.S.C. the level for ‘‘Department of Homeland Se- curity, National Protection and Programs 2201 et seq.), shall be $300,000,000, of which

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00113 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H910 CONGRESSIONAL RECORD — HOUSE February 15, 2011 $30,000,000 shall be available to carry out sec- SAFER has been critical to many port. We need to protect our fire- tion 33 of that Act (15 U.S.C. 2229) and $0 local departments who, as a result of fighters. shall be available to carry out section 34 of recent economic downturns, have been I yield back the balance of my time. that Act (15 U.S.C. 2229a). forced to cut personnel and services. Mr. ADERHOLT. Mr. Chairman, I AMENDMENT NO. 223 OFFERED BY MR. PASCRELL What effect would cuts to these pro- rise in opposition to this amendment. Mr. PASCRELL. Mr. Chairman, I grams have? Let’s go to the real world The Acting CHAIR. The gentleman offer an amendment. and not the video. from Alabama is recognized for 5 min- The Acting CHAIR. The Clerk will Bethesda Volunteer Fire Department utes. designate the amendment. in Coleman, Alabama, they used the Mr. ADERHOLT. Mr. Chairman, this The text of the amendment is as fol- FIRE grant to purchase personnel pro- CR strikes the right balance between lows: tective equipment which now allows funding priority programs that are es- Page 253, line 12, after the first dollar them to enter a burning structure to sential to our Nation’s security and amount, insert ‘‘(increased by $510,000,000)’’. search for victims and to extinguish keeping our discretionary spending in Page 253, line 12, after the second dollar the fires. Previously, the department check. Let me just say that $300 mil- amount, insert ‘‘(increased by $90,000,000)’’. lion is included in this CR for fire Page 253, line 14, after the dollar amount, did not have the proper equipment to insert ‘‘(increased by $420,000,000)’’. do this. Today they have greatly re- equipment, and this only applies to the Page 255, line 21, after the dollar amount, duced the amount of total-loss struc- SAFER grants. As has been stated, insert ‘‘(reduced by $510,000,000)’’. tures in their region. there are no funds in the bill for The Acting CHAIR. The gentleman North County Fire Protection Dis- SAFER grants. from New Jersey is recognized for 5 trict in Holbrooke, California, they Just 5 years ago, this program was minutes. were able to purchase emergency funded at $65 million, but last year it Mr. PASCRELL. Mr. Chairman, as a backup power generators. During the had ballooned to $420 million and in- former mayor, I have always believed 2007 San Diego firestorms, power failed cluded a waiver for the cost-share re- that our Nation’s first responders con- throughout the community early on quirements with local governments. In stitute both our first and our last line the first day and was not completely 2009, Congress provided $210 million for of defense for the American people. restored in the community for 2 weeks. the SAFER grants, supporting 1,236 This continuing resolution before us The emergency power generators they jobs at the high cost of $170,000 per job. today fails our first responders. Regret- purchased with their FIRE grant al- In the just-released FY12 request, the tably, we are treating these public lowed them to keep all of the facilities Department of Homeland Security safety officers as being non-security, fully functional. plans to create or retain 2,200 fire- discretionary spending and have sub- Before the Belle Chasse Volunteer fighters at a cost of $190,000 per job. jected them to drastic cuts. Fire Department in Belle Chasse, Lou- This seems unrealistic at a time when Real homeland security starts on our isiana, received a SAFER grant in 2008, our Nation faces serious fiscal con- streets. We all remember on 9/11 when the department could not comply with straints. While we all know local budg- we were attacked on our own soil. It the National Fire Protection Associa- ets are under fiscal pressures, the hir- was our brave cops and firefighters who tion standards. There is such a thing. ing of local firefighters at a cost of ran into the burning buildings. The Before we cut something, we should $190,000 per job should not be borne by Federal Government was not there. To know what the alternatives are. Its ini- the Federal Government. These cuts say that funding our cops and fire- tial alarm assignment capability was will not be easy, but they are long fighters is not national security spend- only 20 percent in that time. That in- overdue and necessary to address our ing is ludicrous. Our brave local police sufficient level of service put the com- out-of-control Federal spending. officers and firefighters who protect munities and the volunteer firefighters Beyond this, the proposed offset is our streets day and night are the very at considerable risk for injury or even not prudent and ignores the fact that essence of our national security. the loss of life. this CR has already cut the Science Earlier in the process we debated the Thanks to a SAFER grant, the de- and Technology Directorate funding. COPS Program. An amendment tonight partment was able to hire 45 fire- This enormous reduction to a budget restores critical funding for its coun- fighters, increase the rate of compli- that barely amounts to $1 billion would terpart, the FIRE Act and the SAFER ance, and it is now estimated that the absolutely be devastating. Grant programs. The continuing reso- compliance is 90 percent and they have b 0100 lution significantly reduces funding for increased their initial alarm dispatch S&T is the single organization within the FIRE Act and eliminates all fund- with three more engine companies. the Department of Homeland Security ing for SAFER grants, over $510 mil- The Acting CHAIR. The time of the that performs research and stimulates lion in cuts in total. This would abso- gentleman has expired. and funds related research initiatives lutely be devastating for our public (By unanimous consent, Mr. within the private sector—to include safety professionals who rely on this PASCRELL was allowed to proceed for 1 work underway at the Transportation funding for the equipment and per- additional minute.) Security Laboratory in New Jersey and sonnel they need to protect our com- Mr. PASCRELL. Together, FIRE and at the Pacific Northwest Laboratory. munities. SAFER grants have provided over $7 The projects that this funding supports The FIRE and SAFER grants help billion in firefighter jobs, equipment are crucial to the homeland mission, local fire departments equip, train and and training for local fire departments. and this cut will either significantly maintain their personnel, preparing It is serious business. We are talking slow or end their progress. them to respond to all forms of an life and limb, and we are talking about I would urge my colleagues to oppose emergency. And things changed, didn’t property here. To me, cutting these this amendment. they, after 9/11? An independent eval- critical programs is wrong, especially I yield back the balance of my time. uation of the FIRE program published when local fire department budgets are Mr. PRICE of North Carolina. Mr. by the U.S. Fire Administration con- already strained. We are facing it in all Chairman, I move to strike the last cluded that it was highly effective in of our districts. You know that. word. improving the readiness and capabili- My amendment restores the funding The Acting CHAIR. The gentleman is ties of firefighters across the Nation. for FIRE and SAFER to their fiscal recognized for 5 minutes. I may add, Mr. Chairman, that the 2010 amounts: $390 million for FIRE, Mr. PRICE of North Carolina. Mr. FIRE programs and the COPS pro- $420 million for SAFER. Because of the Chairman, I rise in qualified support of grams are among the highest efficiency rule, we are forced to reluctantly take this amendment. and most effective programs run by the funding from DHS Science and Tech- The bill before us eliminates the fire- Federal Government. The money goes nology. If this amendment passes, I fighter hiring program, known as directly to the communities, so States hope we can restore some of the fund- SAFER, and it reduces funding for can’t skim off the top. They are effec- ing during conference. grants to purchase fire equipment by 23 tive and they are competitive, and no I hope that both sides will come to- percent. If adopted, these cuts will re- one has challenged that in 10 years. gether on this. It has bipartisan sup- sult in over 2,400 firefighters being laid

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00114 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H911 off in 2011 and prevent fire departments in critical first responder personnel in This is a visceral subject, there’s no from purchasing equipment, breathing this country and in the options avail- question about it. I have not heard one apparatus, and protective gear that our able to hard-pressed local commu- argument where this legislation has let firefighters depend on during a time of nities. us down one iota. In fact, it has deliv- emergency. This is simply not accept- I urge my colleagues to vote ‘‘yes’’ ered what it said it was going to de- able. on this amendment. liver. During my tenure as chairman of the Mr. ROGERS of Kentucky. Mr. Chair- Whether you be volunteers or career Homeland Security Appropriations man, I move to strike the last word. firefighters, you are assisted by the Committee, we ensured that not only The Acting CHAIR. The gentleman is SAFER bill, and we made it that way. was funding providing for these critical recognized for 5 minutes. When you look at the FIRE Act itself, firefighter programs, but that these Mr. ROGERS of Kentucky. I yield to that act went to all the small depart- dollars could be used flexibly in this the chairman of the subcommittee. ments. In fact, we skewed it. The first Mr. ADERHOLT. Let me say, Mr. time of economic stress to retain fire- 2 years of the program was to go to Chairman, that I realize the impor- fighters that might lose their jobs, to smaller fire departments, not to big tance that these grants do contribute, rehire firefighters that have been laid cities, and we followed through on and the bottom line right now is we off due to economic conditions, as well that. simply can’t afford it in the position as to hire new firefighters. Do you know how these applications we’re in right now. As we move forward Repeatedly, I hear from communities are evaluated? They’re evaluated by for the FY12 budget, I’ll be happy to that were able to use funds for these work with the ranking member of the peers. It costs us very little to do it. purposes. For example, in Plaquemines subcommittee and the gentleman from That’s why it’s efficient as well as an Parish, Louisiana, SAFER funding was New Jersey as we move forward to try effective program. We should all belong used to hire and retain a total of 73 to work on this. But the bottom line is to the Police Caucus and the Fire Cau- firefighters, ensuring that seven de- today we cannot afford this at this cus. They don’t need our pats on the partments had salaried firefighters and point, but I certainly would look for- back. They don’t need our words of in- that 12 parish fire stations could be ward to working with both of them as spiration. What they need is some help manned 24 hours a day, 7 days a week. we move forward in FY12. to put enough people out there. The North Las Vegas Fire Depart- At the end of the day, on the amend- These are people’s lives we’re talking ment was able to hire 15 new fire- ment today, I do urge my colleagues to about. How dare we even consider. You fighters with a SAFER grant, permit- oppose the amendment that we have talk about 6 years ago. The conditions ting them to open an eighth fire sta- before us. of our municipalities large and small tion, thereby reducing response times Mr. PASCRELL. Mr. Chairman, I are quite different now than they were and enhancing the level of protection move to strike the last word. 6 years ago. They’re laying off cops and for city residents as well as the mil- The Acting CHAIR. Without objec- firefighters. lions of visitors to Las Vegas. tion, the gentleman from New Jersey is Someone mentioned when we were Spanish Forth, Alabama, recently re- recognized for 5 minutes. discussing the COPS program earlier ceived a SAFER grant that allowed There was no objection. this evening—last night—they were them to retain their whole roster of Mr. PASCRELL. To zero out one of talking about what happened in Cam- firefighters instead of letting some go. the most effective and efficient pro- den, New Jersey. They’re laying off Collinsville, Illinois, received a recent grams in the Federal Government—and half the fire department and half the grant, allowing them to retain five all objective observers have come to police department. Don’t we have some firefighters who otherwise would have that conclusion. And yes, we do have to responsibility in this? been laid off. cut. That’s why we’re here. But we And, by the way, that part of Home- Retaining this funding, Mr. Chair- don’t have to cut what is an essential land Security which protects the Na- man, preserves government services service when we know what the results tion and protects them through our that are critical to our public safety of this legislation have brought. I have first responders, since they’re the fire and security. Local governments are been on Homeland Security from day people there, God knows, when a catas- already facing serious budget con- one. I think I know it. But that’s be- trophe occurs, what, are we putting the straints. The CR simply exacerbates side the point. brakes on that? Are we going out on re- the layoffs we’re already seeing with Today, we know what the results cess? These are the line between us and public safety personnel. This amend- have been of this legislation. So, for perhaps disaster. We cannot. ment will help keep thousands of fire- the 2,400 firefighters right off that bat Much of the equipment that was fighters on the job. that would be laid off, because this is a bought in the FIRE Act, competitive Mr. Chairman, I must express some 3-year plan, there’s certain matches bidding, much of that equipment saved reservations about how the increase in that have to go into it. Those matches lives already. Most of the firefighters— firefighter grants is paid for in this have been reduced so that other local all of the firefighters—who were hired, amendment. The gentleman’s amend- communities can get involved. because we wanted to give someone in ment drastically reduces funding for When we see what happens with every town some edge when they were research and development activities many Federal programs that go down below the ranks that they should throughout the Department of Home- through States and never wind up to do have, those firefighters save lives. land Security. It’s not desirable or wise what they have to do, this stands out to cut the Department’s research and above everything else. It is not enough b 0110 development budget so much. But, unfor us to pat firefighters on the back, Mr. Chairman, we need bipartisan fortunately, the majority has pre- to bring our grandkids to get up on the support on this amendment. It is good vented us from paying for these amend- fire engines when we are pulling the for America, and it works. No one has ments from other parts of the bill, and rug out from under them. questioned that this evening. the overall allocation for Homeland Se- When this passed 10 years ago, there I yield back the balance of my time. curity and the rest of the domestic were fire companies throughout the The Acting CHAIR. The question is agencies is completely inadequate. United States that had to push their on the amendment offered by the gen- So I support this amendment, but I’ll equipment to the fire. We are here at 1 tleman from New Jersey (Mr. work diligently to restore these fund- o’clock in the morning questioning PASCRELL). ing cuts as the bill progresses and we that this is not a priority of ours and The question was taken; and the Act- get down to responsible budgeting in we can’t afford this right now. I can ing Chair announced that the ayes ap- negotiations with the Senate and the tell you what we can’t afford. We can’t peared to have it. White House. afford other things in other places, but Mr. ADERHOLT. Mr. Chairman, I de- Mr. Chairman, Members have a we need to protect our first responders. mand a recorded vote. choice to make: Support this amend- If we meant what we said on 9/12/2001, The Acting CHAIR. Pursuant to ment and support your local fire- then we need to do something right clause 6 of rule XVIII, further pro- fighters, or vote ‘‘no’’ and see a decline now to protect them. ceedings on the amendment offered by

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H912 CONGRESSIONAL RECORD — HOUSE February 15, 2011 the gentleman from New Jersey will be Homeland Security Appropriations Act, 2010 (2) in subsection (d)(1), by striking ‘‘Sep- postponed. (Public Law 111–83) shall have no force or ef- tember 30, 2010,’’ and inserting ‘‘September Mr. ADERHOLT. Mr. Chairman, I ask fect. 30, 2011,’’. SEC. 1645. Section 532(a) of Public Law 109– unanimous consent that the bill SEC. 1639. Notwithstanding section 1101, the level for ‘‘Department of Homeland Se- 295 (120 Stat. 1384) is amended by striking through page 263, line 9, be considered curity, Domestic Nuclear Detection Office, ‘‘2010’’ and inserting ‘‘2011’’. as read, printed in the RECORD, and Management and Administration’’ shall be SEC. 1646. Of the funds transferred to the open to amendment at any point. $36,992,000. Department of Homeland Security when it was created in 2003, the following funds are The Acting CHAIR. Is there objection SEC. 1640. Notwithstanding section 1101, to the request of the gentleman from the level for ‘‘Department of Homeland Se- hereby rescinded from the following ac- curity, Domestic Nuclear Detection Office, counts and programs in the specified Alabama? amounts: Research, Development, and Operations’’ There was no objection. (1) ‘‘Operations’’, $1,891,657; shall be $293,537,000. The text of that portion of the bill is (2) ‘‘Violent Crime Reduction Program’’, SEC. 1641. (a) Section 560 of Public Law 111– as follows: $4,912,245; 83 shall not apply to funds appropriated by SEC. 1630. Notwithstanding section 1101, (3) ‘‘U.S. Customs and Border Protection, this division. the level for ‘‘Department of Homeland Se- Salaries and Expenses’’, $21,210,423; and (b) Upon completion of 50 percent of design curity, Federal Emergency Management (4) ‘‘Office for Domestic Preparedness’’, planning for the National Bio- and Agro-De- Agency, Emergency Management Perform- $10,568,964. fense Facility, and prior to construction of ance Grants’’ shall be $300,000,000. SEC. 1647. The following unobligated bal- that facility, the Department of Homeland SEC. 1631. Notwithstanding section 1101, ances made available to the Department of Security shall submit to the Committees on the level for ‘‘Department of Homeland Se- Homeland Security pursuant to section 505 Appropriations of the Senate and the House curity, Federal Emergency Management of Department of Homeland Security Appro- of Representatives a revised site-specific bio- Agency, Disaster Relief’’ shall be priations Act, 2010 (Public Law 111–83; 123 safety and biosecurity mitigation risk as- $3,165,000,000. Stat. 2174) are rescinded: $886,665 from ‘‘Of- sessment that describes how to significantly SEC. 1632. Notwithstanding section 1101, in fice of the Secretary and Executive Manage- fiscal year 2011, funds shall not be available reduce risks of conducting essential research ment’’; $604,342 from ‘‘Office of the Under from the National Flood Insurance Fund and diagnostic testing at the National Bio- Secretary for Management’’; $24,379 from the under section 1310 of the National Flood In- and Agro-Defense Facility and addresses ‘‘Office of the Chief Financial Officer’’; surance Act of 1968 (42 U.S.C. 4017) for oper- shortcomings identified in the National $29,741 from ‘‘Office of the Chief Information ating expenses in excess of $110,000,000, and Academy of Sciences’ evaluation of the ini- Officer’’; $218,173 from ‘‘Analysis and Oper- for agents’ commissions and taxes in excess tial site-specific biosafety and biosecurity ations’’; $76,498 from ‘‘Office of the Federal of $963,339,000: Provided, That notwith- mitigation risk assessment. Coordinator for Gulf Coast Rebuilding’’; standing section 1101, for activities under the (c) The revised site-specific biosafety and $197,272 from ‘‘Office of Inspector General’’; $11,373,129 from ‘‘U.S. Customs and Border National Flood Insurance Act of 1968 (42 biosecurity mitigation risk assessment re- Protection, Salaries and Expenses’’; $691,552 U.S.C. 4001 et seq.) and the Flood Disaster quired by subsection (b) shall— from ‘‘U.S. Immigration and Customs En- Protection Act of 1973 (42 U.S.C. 4001 et seq.), (1) include a quantitative risk assessment forcement, Salaries and Expenses’’; $2,555,962 the level shall be $169,000,000, which shall be for foot-and-mouth disease virus, in par- from ‘‘Transportation Security Administra- derived from offsetting collections assessed ticular epidemiological and economic impact modeling to determine the overall risk of option, Federal Air Marshals’’; $8,617,331 from and collected under 1308(d) of the National ‘‘Coast Guard, Operating Expenses’’; Flood Insurance Act of 1968 (42 U.S.C. erating the facility for its expected 50-year life span, taking into account strategies to $2,965,312 from ‘‘Coast Guard, Reserve Train- 4015(d)), of which not to exceed $22,145,000 ing’’; $83,784 from ‘‘National Protection and shall be available for salaries and expenses mitigate risk of foot-and-mouth disease virus release from the laboratory and ensure Programs Directorate, Management and Ad- associated with flood mitigation and flood ministration’’; $551,737 from ‘‘National Pro- insurance operations; and not less than safe operations at the approved National Bio- and Agro-Defense Facility site; tection and Programs Directorate, Infra- $146,855,000 shall be available for floodplain structure Protection and Information Secu- management and flood mapping, which shall (2) address the impact of surveillance, response, and mitigation plans (developed in rity’’; $704,700 from ‘‘United States Secret remain available until September 30, 2012. Service, Salaries and Expenses’’; $863,628 SEC. 1633. Notwithstanding section 1101, consultation with local, State, and Federal authorities and appropriate stakeholders) if from ‘‘Federal Emergency Management the level for ‘‘Department of Homeland Se- Agency, Management and Administration’’; a release occurs, to detect and control the curity, Federal Emergency Management $864,660 from ‘‘Office of Health Affairs’’; spread of disease; and Agency, National Predisaster Mitigation $7,945,983 from ‘‘United States Citizenship (3) include overall risks of the most dan- Fund’’ shall be $65,000,000. and Immigration Services’’; $960,828 from gerous pathogens the Department of Home- SEC. 1634. Notwithstanding section 1101, ‘‘Federal Law Enforcement Training Center, the level for ‘‘Department of Homeland Se- land Security expects to hold in the National Salaries and Expenses’’; $353,524 from curity, Federal Emergency Management Bio- and Agro-Defense Facility’s biosafety ‘‘Science and Technology, Management and Agency, Emergency Food and Shelter’’ shall level 4 facility, and effectiveness of mitiga- Administration’’; and $45,468 from ‘‘Domestic be $100,000,000. tion strategies to reduce those risks. Nuclear Detection Office, Management and SEC. 1635. Notwithstanding section 1101, (d) The Department of Homeland Security Administration’’. the level for ‘‘Department of Homeland Se- shall enter into a contract with the National SEC. 1648. Of the funds appropriated to the curity, United States Citizenship and Immi- Academy of Sciences to evaluate the ade- Department of Homeland Security, the fol- gration Services’’ shall be $275,776,000, of quacy and validity of the risk assessment re- lowing unobligated balances are hereby re- which $151,376,000 is for processing applica- quired by subsection (b). The National Acad- scinded from the following accounts and pro- tions for asylum and refugee status, and of emy of Sciences shall submit a report on grams in the specified amounts: which $103,400,000 shall be for the E-Verify such evaluation within four months after the (1) ‘‘Department of Homeland Security, Program: Provided, That none of the funds date the Department of Homeland Security U.S. Customs and Border Protection, Auto- made available under this heading may be concludes its risk assessment. mation Modernization’’, $10,000,000. used for grants for immigrant integration. SEC. 1642. Section 503 of the Department of (2) ‘‘Department of Homeland Security, SEC. 1636. Notwithstanding section 1101, Homeland Security Appropriations Act, 2010 U.S. Customs and Border Protection, Border the level for ‘‘Department of Homeland Se- (Public Law 111–83) is amended by adding at Security Fencing, Infrastructure, and Tech- curity, Federal Law Enforcement Training the end the following: nology’’, $119,000,000. Center, Acquisitions, Construction, Improve- ‘‘(e) The notification thresholds and proce- (3) ‘‘Department of Homeland Security, Of- ments, and Related Expenses’’ shall be dures set forth in this section shall apply to fice of Health Affairs’’, $5,562,000. $38,456,000. deviations from the amounts designated for (4) ‘‘Department of Homeland Security, SEC. 1637. Notwithstanding section 1101, specific activities in this Act and accom- Federal Emergency Management Agency, the level for ‘‘Department of Homeland Se- panying statement, and to any use of National Predisaster Mitigation Fund’’, curity, Science and Technology, Manage- deobligated balances of funds provided under $18,173,641. ment and Administration’’ shall be this title in previous years.’’. (5) ‘‘Department of Homeland Security, $141,200,000. SEC. 1643. For fiscal year 2011, sections 529, Science and Technology, Research, Develop- SEC. 1638. Notwithstanding section 1101, 541, and 545 of the Department of Homeland ment, Acquisition, and Operations’’, the level for ‘‘Department of Homeland Se- Security Appropriations Act, 2010 (Public $8,500,000. curity, Science and Technology, Research, Law 111–83; 123 Stat. 2174, 2176) shall have no (6) ‘‘Department of Homeland Security, Development, Acquisition, and Operations’’ force or effect. Domestic Nuclear Detection Office, Re- shall be $778,906,000: Provided, That the final SEC. 1644. Section 831 of the Homeland Se- search, Development, and Operations’’, proviso included under the heading ‘‘Depart- curity Act of 2002 (6 U.S.C. 391) is amended— $17,100,000. ment of Homeland Security, Science and (1) in subsection (a), by striking ‘‘Until (7) ‘‘Department of Homeland Security, Technology, Research, Development, Acqui- September 30, 2010,’’ and inserting ‘‘Until Coast Guard, Acquisition, Construction, and sition, and Operations’’ in the Department of September 30, 2011,’’; and Improvements’’, $1,122,000.

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SEC. 1649. Of the unobligated balances forcement responsibilities in an impartial (j) ‘‘Sanction Hearing’’ means a Committee available for ‘‘Department of Homeland Se- manner, the Committee is the only standing hearing to determine what sanction, if any, curity, U.S. Customs and Border Protection, committee of the House of Representatives to adopt or to recommend to the House of Construction’’ for construction projects, the membership of which is divided evenly Representatives. $106,556,000 is rescinded: Provided, That the by party. These rules are intended to provide (k) ‘‘Respondent’’ means a Member, officer, amounts rescinded under this section shall a fair procedural framework for the conduct or employee of the House of Representatives be limited to amounts available for Border of the Committee’s activities and to help en- who is the subject of a complaint filed with Patrol projects and facilities as rec- sure that the Committee serves well the peo- the Committee or who is the subject of an in- ommended by the Department of Homeland ple of the United States, the House of Rep- quiry or a Statement of Alleged Violation. Security in the fiscal year 2011 budget re- resentatives, and the Members, officers, and (1) ‘‘Office of Advice and Education’’ refers quest. employees of the House of Representatives. to the Office established by section 803(i) of SEC. 1650. Of the unobligated balances PART I—GENERAL COMMITTEE RULES the Ethics Reform Act of 1989. The Office made available under section 44945 of title 49, handles inquiries; prepares written opinions RULE 1. GENERAL PROVISIONS United States Code, $800,000 is rescinded. in response to specific requests; develops SEC. 1651. Of the unobligated balances (a) So far as applicable, these rules and the general guidance; and organizes seminars, available for ‘‘Department of Homeland Se- Rules of the House of Representatives shall workshops, and briefings for the benefit of curity, Transportation Security Administra- be the rules of the Committee and any sub- the House of Representatives. tion’’, $15,000,000 is rescinded: Provided, That committee. The Committee adopts these (m) ‘‘Member’’ means a Representative in, the Transportation Security Administration rules under the authority of clause 2(a)(1) of or a Delegate to, or the Resident Commis- shall not rescind any unobligated balances Rule XI of the Rules of the House of Rep- sioner to, the U.S. House of Representatives. resentatives, 112th Congress. from the following programs: explosives de- RULE 3. ADVISORY OPINIONS AND WAIVERS tection systems; checkpoint support; avia- (b) The rules of the Committee may be (a) The Office of Advice and Education tion regulation and other enforcement; and modified, amended, or repealed by a vote of shall handle inquiries; prepare written opin- air cargo. a majority of the Committee. ions providing specific advice, including re- SEC. 1652. Of the unobligated balances (c) When the interests of justice so require, views of requests for privately-sponsored available for ‘‘Department of Homeland Se- the Committee, by a majority vote of its travel pursuant to the Committee’s travel curity, National Protection and Programs members, may adopt any special procedures, regulations; develop general guidance; and Directorate, Infrastructure Protection and not inconsistent with these rules, deemed organize seminars, workshops, and briefings Information Security’’, the following necessary to resolve a particular matter be- for the benefit of the House of Representa- amounts are rescinded: fore it. Copies of such special procedures tives. (1) $6,000,000 from Next Generation Net- shall be furnished to all parties in the mat- (b) Any Member, officer, or employee of works. ter. the House of Representatives may request a (2) $9,600,000 to be specified in a report sub- (d) The Chair and Ranking Minority Mem- written opinion with respect to the propriety mitted by the Secretary of Homeland Secu- ber shall have access to such information of any current or proposed conduct of such rity to the Committees on Appropriations of that they request as necessary to conduct Member, officer, or employee. the Senate and the House of Representatives Committee business. (c) The Office of Advice and Education may no later than 15 days after the date of enact- RULE 2. DEFINITIONS provide information and guidance regarding ment of this division, that describes the (a) ‘‘Committee’’ means the Committee on laws, rules, regulations, and other standards amounts rescinded and the original purpose Ethics. of conduct applicable to Members, officers, of such funds. (b) ‘‘Complaint’’ means a written allega- and employees in the performance of their SEC. 1653. From the unobligated balances tion of improper conduct against a Member, duties or the discharge of their responsibil- of funds made available in the Department of officer, or employee of the House of Rep- ities. the Treasury Forfeiture Fund established by resentatives filed with the Committee with (d) In general, the Committee shall provide section 9703 of title 31, United States Code, the intent to initiate an inquiry. a written opinion to an individual only in re- that was added to such title by section 638 of (c) ‘‘Inquiry’’ means an investigation by an sponse to a written request, and the written Public Law 102–393, $22,600,000 is rescinded. investigative subcommittee into allegations opinion shall address the conduct only of the Mr. ROGERS of Kentucky. Mr. Chair- against a Member, officer, or employee of inquiring individual, or of persons for whom man, I move that the Committee do the House of Representatives. the inquiring individual is responsible as em- now rise. (d) ‘‘Investigate,’’ ‘‘Investigating,’’ and/or ploying authority. The motion was agreed to. ‘‘Investigation’’ mean review of the conduct (e) A written request for an opinion shall Accordingly, the Committee rose; of a Member, officer or employee of the be addressed to the Chair of the Committee and the Speaker pro tempore (Mr. House of Representatives that is conducted and shall include a complete and accurate or authorized by the Committee, an inves- statement of the relevant facts. A request ALDERHOLT) having assumed the chair, tigative subcommittee, or the Chair and shall be signed by the requester or the re- Mr. CHAFFETZ, Acting Chair of the Ranking Minority Member of the Com- quester’s authorized representative or em- Committee of the Whole House on the mittee. ploying authority. A representative shall state of the Union, reported that that (e) ‘‘Board’’ means the Board of the Office disclose to the Committee the identity of the Committee, having had under consider- of Congressional Ethics. principal on whose behalf advice is being ation the bill (H.R. 1) making appro- (f) ‘‘Referral’’ means a report sent to the sought. priations for the Department of De- Committee from the Board pursuant to (f) Requests for privately-sponsored travel fense and the other departments and House Rules and all applicable House Resolu- shall be treated like any other request for a tions regarding the conduct of a House Mem- agencies of the Government for the fis- written opinion for purposes of paragraphs ber, officer or employee, including any ac- (g) through (l). cal year ending September 30, 2011, and companying findings or other supporting (1) The Committee’s Travel Guidelines and for other purposes, had come to no res- documentation. Regulations shall govern the request submis- olution thereon. (g) ‘‘Investigative Subcommittee’’ means a sion and Committee approval process for pri- f subcommittee designated pursuant to Rule vately-sponsored travel consistent with 19(a) to conduct an inquiry to determine if a House Rules. PUBLICATION OF COMMITTEE Statement of Alleged Violation should be (2) A request for privately-sponsored travel RULES issued. of a Member, officer, or employee shall in- RULES OF THE COMMITTEE ON ETHICS FOR THE (h) ‘‘Statement of Alleged Violation’’ clude a completed and signed Traveler Form 112TH CONGRESS means a formal charging document filed by that attaches the Private Sponsor Certifi- an investigative subcommittee with the cation Form and includes all information re- Mr. BONNER. Mr. Speaker, I submit for Committee containing specific allegations quired by the Committee’s travel regula- publication the attached copy of the Rules of against a Member, officer, or employee of tions. A private sponsor offering officially- the Committee on Ethics for the U.S. House of the House of Representatives of a violation connected travel to a Member, officer, or em- Representatives for the 112th Congress. The of the Code of Official Conduct, or of a law, ployee must complete and sign a Private Committee on Ethics adopted these rules pur- rule, regulation, or other standard of con- Sponsor Certification Form, and provide a suant to House Rule XI, clause 2(a)(1) on duct applicable to the performance of official copy of that form to the invitee(s). February 15, 2011. I am submitting these duties or the discharge of official respon- (3) Any individual who knowingly and will- rules for publication in compliance with House sibilities. fully falsifies, or who knowingly and will- (i) ‘‘Adjudicatory Subcommittee’’ means a fully fails to file a Traveler Form or Private Rule XI, clause 2(a)(2). subcommittee designated pursuant to Rule Sponsor Certification Form may be subject FOREWORD 23(a) that holds an adjudicatory hearing and to civil penalties and criminal sanctions pur- The Committee on Ethics is unique in the determines whether the counts in a State- suant to 18 U.S.C. § 1001. House of Representatives. Consistent with ment of Alleged Violation are proved by (g) The Office of Advice and Education the duty to carry out its advisory and en- clear and convincing evidence. shall prepare for the Committee a response

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Each re- by Members of the Board of the Office of accurate or complete, or (2) the filer may not sponse shall discuss all applicable laws, Congressional Ethics that are forwarded to be in compliance with applicable laws or rules, regulations, or other standards. the Committee by the Clerk shall not be sub- rules, then the reporting individual shall be (h) Where a request is unclear or incom- ject to paragraphs (d) through (q) of this notified in writing of the additional informa- plete, the Office of Advice and Education Rule regarding Financial Disclosure State- tion believed to be required, or of the law or may seek additional information from the ments filed pursuant to Title I of the Ethics rule with which the reporting individual does requester. in Government Act of 1978. The Office of Con- not appear to be in compliance. Such notice (i) The Chair and Ranking Minority Mem- gressional Ethics retains jurisdiction over shall also state the time within which a re- ber are authorized to take action on behalf review of the timeliness and completeness of sponse is to be submitted. Any such notice of the Committee on any proposed written filings by Members of the Board as the shall remain confidential. opinion that they determine does not require Board’s supervising ethics office. (m) Within the time specified, including consideration by the Committee. If the Chair (d) The Chair and Ranking Minority Mem- any extension granted in accordance with or Ranking Minority Member requests a ber are authorized to grant on behalf of the clause (d), a reporting individual who con- written opinion, or seeks a waiver, exten- Committee requests for reasonable exten- curs with the Committee’s notification that sion, or approval pursuant to Rules 3(m), sions of time for the filing of Financial Dis- the Statement is not complete, or that other 4(c), 4(e), or 4(h), the next ranking member of closure Statements. Any such request must action is required, shall submit the nec- the requester’s party is authorized to act in be received by the Committee no later than essary information or take appropriate ac- lieu of the requester. the date on which the Statement in question tion. Any amendment may be in the form of (j) The Committee shall keep confidential is due. A request received after such date a revised Financial Disclosure Statement or any request for advice from a Member, offi- may be granted by the Committee only in an explanatory letter addressed to the Clerk cer, or employee, as well as any response extraordinary circumstances. Such exten- of the House of Representatives. thereto. Upon request of any Member, offi- sions for one individual in a calendar year (n) Any amendment shall be placed on the cer, or employee who has submitted a writ- shall not exceed a total of 90 days. No exten- public record in the same manner as other ten request for an opinion or submitted a re- sion shall be granted authorizing a non- Statements. The individual designated by quest for privately-sponsored travel, the incumbent candidate to file a statement the Committee to review the original State- Committee may release to the requesting in- later than 30 days prior to a primary or gen- ment shall review any amendment thereto. dividual a copy of their own written request eral election in which the candidate is par- (o) Within the time specified, including for advice or submitted travel forms, any ticipating. any extension granted in accordance with subsequent written communications between (e) An individual who takes legally suffi- clause (d), a reporting individual who does such individual and Committee staff regard- cient action to withdraw as a candidate be- not agree with the Committee that the ing the request, and any Committee advisory fore the date on which that individual’s Fi- Statement is deficient or that other action is opinion or travel letter issued to that indi- nancial Disclosure Statement is due under required, shall be provided an opportunity to vidual in response. The Committee shall not the Ethics in Government Act shall not be respond orally or in writing. If the expla- release any internal Committee staff work required to file a Statement. An individual nation is accepted, a copy of the response, if product, communications or notes in re- shall not be excused from filing a Financial written, or a note summarizing an oral response to such a request, except as author- Disclosure Statement when withdrawal as a sponse, shall be retained in Committee files ized by the Committee. candidate occurs after the date on which with the original report. (k) The Committee may take no adverse such Statement was due. (p) The Committee shall be the final arbi- action in regard to any conduct that has (f) Any individual who files a report re- ter of whether any Statement requires clari- been undertaken in reliance on a written quired to be filed under Title I of the Ethics fication or amendment. opinion if the conduct conforms to the spe- in Government Act more than 30 days after (q) If the Committee determines, by vote of cific facts addressed in the opinion. the later of— a majority of its members, that there is rea- (l) Information provided to the Committee (1) the date such report is required to be son to believe that an individual has will- by a Member, officer, or employee seeking filed, or fully failed to file a Statement or has will- advice regarding prospective conduct may (2) if a filing extension is granted to such fully falsified or willfully failed to file infor- not be used as the basis for initiating an in- individual, the last day of the filing exten- mation required to be reported, then the vestigation under clause 3(a)(2) or clause 3(b) sion period, is required by such Act to pay a Committee shall refer the name of the indi- of Rule XI of the Rules of the House of Rep- late filing fee of $200. The Chair and Ranking vidual, together with the evidence sup- resentatives, if such Member, officer, or em- Minority Member are authorized to approve porting its finding, to the Attorney General ployee acts in good faith in accordance with requests that the fee be waived based on ex- pursuant to section 104(b) of the Ethics in the written advice of the Committee. traordinary circumstances. Government Act. Such referral shall not pre- (m) A written request for a waiver of (g) Any late report that is submitted with- clause 5 of House Rule XXV (the House gift clude the Committee from initiating such out a required filing fee shall be deemed pro- other action as may be authorized by other rule), or for any other waiver or approval, cedurally deficient and not properly filed. shall be treated in all respects like any other provisions of law or the Rules of the House of (h) The Chair and Ranking Minority Mem- Representatives. request for a written opinion. ber are authorized to approve requests for (n) A written request for a waiver of clause waivers of the aggregation and reporting of RULE 5. MEETINGS 5 of House Rule XXV (the House gift rule) gifts as provided by section 102(a)(2)(C) of the (a) The regular meeting day of the Com- shall specify the nature of the waiver being Ethics in Government Act. If such a request mittee shall be the second Tuesday of each sought and the specific circumstances justi- is approved, both the incoming request and month, except when the House of Represent- fying the waiver. the Committee response shall be forwarded atives is not meeting on that day. When the (o) An employee seeking a waiver of time to the Legislative Resource Center for place- Committee Chair determines that there is limits applicable to travel paid for by a pri- ment on the public record. sufficient reason, meetings may be called on vate source shall include with the request (i) The Chair and Ranking Minority Mem- additional days. A regularly scheduled meet- evidence that the employing authority is ber are authorized to approve blind trusts as ing need not be held when the Chair deter- aware of the request. In any other instance qualifying under section 102(0(3) of the Eth- mines there is no business to be considered. where proposed employee conduct may re- ics in Government Act. The correspondence (b) The Chair shall establish the agenda for flect on the performance of official duties, relating to formal approval of a blind trust, meetings of the Committee and the Ranking the Committee may require that the re- the trust document, the list of assets trans- Minority Member may place additional quester submit evidence that the employing ferred to the trust, and any other documents items on the agenda. authority knows of the conduct. required by law to be made public, shall be (c) All meetings of the Committee or any RULE 4. FINANCIAL DISCLOSURE forwarded to the Legislative Resource Center subcommittee shall occur in executive ses- (a) In matters relating to Title I of the for such purpose. sion unless the Committee or subcommittee, Ethics in Government Act of 1978, the Com- (j) The Committee shall designate staff by an affirmative vote of a majority of its mittee shall coordinate with the Clerk of the counsel who shall review Financial Disclo- members, opens the meeting to the public. House of Representatives, Legislative Re- sure Statements and, based upon informa- (d) Any hearing held by an adjudicatory source Center, to assure that appropriate in- tion contained therein, indicate in a form subcommittee or any sanction hearing held dividuals are notified of their obligation to and manner prescribed by the Committee by the Committee shall be open to the public file Financial Disclosure Statements and whether the Statement appears substan- unless the Committee or subcommittee, by that such individuals are provided in a time- tially accurate and complete and the filer an affirmative vote of a majority of its mem- ly fashion with filing instructions and forms appears to be in compliance with applicable bers, closes the hearing to the public. developed by the Committee. laws and rules. (e) A subcommittee shall meet at the dis- (b) The Committee shall coordinate with (k) Each Financial Disclosure Statement cretion of its Chair. the Legislative Resource Center to assure shall be reviewed within 60 days after the (f) Insofar as practicable, notice for any that information that the Ethics in Govern- date of filing. Committee or subcommittee meeting shall ment Act requires to be placed on the public (l) If the reviewing counsel believes that be provided at least seven days in advance of record is made public. additional information is required because the meeting. The Chair of the Committee or

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Except for the Chair and (b) Each member of the staff shall be pro- side the Committee unless authorized by the Ranking Minority Member of the Committee fessional and demonstrably qualified for the Committee. pursuant to this paragraph, evidence in the position for which the individual is hired. (d) Members and staff of the Committee possession of an investigative subcommittee (c) The staff as a whole and each individual shall not disclose to any person or organiza- shall not be disclosed to other Committee member of the staff shall perform all official tion outside the Committee, unless author- members except by a vote of the sub- duties in a nonpartisan manner. ized by the Committee, any information re- committee. (d) No member of the staff shall engage in garding the Committee’s or a subcommit- (b) The Committee may establish other any partisan political activity directly af- tee’s investigative, adjudicatory or other noninvestigative and nonadjudicatory sub- fecting any congressional or presidential proceedings, including but not limited to: (i) committees and may assign to them such election. the fact or nature of any complaints; (ii) ex- functions as it may deem appropriate. The (e) No member of the staff or outside coun- ecutive session proceedings; (iii) information membership of each subcommittee shall pro- sel may accept public speaking engagements pertaining to or copies of any Committee or vide equal representation for the majority or write for publication on any subject that subcommittee report, study or other docu- and minority parties. is in any way related to the employment or ment which purports to express the views, (c) The Chair may refer any bill, resolu- duties with the Committee of such individual findings, conclusions or recommendations of tion, or other matter before the Committee without specific prior approval from the the Committee or subcommittee in connec- to an appropriate subcommittee for consid- Chair and Ranking Minority Member. tion with any of its activities or proceedings; eration. Any such bill, resolution, or other (f) All staff members shall be appointed by or (iv) any other information or allegation matter may be discharged from the sub- an affirmative vote of a majority of the respecting the conduct of a Member, officer committee to which it was referred by a ma- members of the Committee. Such vote shall or employee of the House. This rule shall not jority vote of the Committee. occur at the first meeting of the membership prohibit the Chair or Ranking Minority (d) Any member of the Committee may sit of the Committee during each Congress and Member from disclosing to the Board of the with any noninvestigative or nonadjudica- as necessary during the Congress. Office of Congressional Ethics the existence tory subcommittee, but only regular mem- (g) Subject to the approval of the Com- of a Committee investigation, the name of bers of such subcommittee may vote on any mittee on House Administration, the Com- the Member, officer or employee of the matter before that subcommittee. mittee may retain counsel not employed by House who is the subject of that investiga- RULE 9. QUORUMS AND MEMBER the House of Representatives whenever the tion, and a brief statement of the scope of DISQUALIFICATION Committee determines, by an affirmative that investigation in a written request for (a) The quorum for an investigative sub- vote of a majority of the members of the referral pursuant to Rule 17A(k). Such dis- committee to take testimony and to receive Committee, that the retention of outside closures will only be made subject to written evidence shall be two members, unless other- counsel is necessary and appropriate. confirmation from the Board that the infor- wise authorized by the House of Representa- (h) If the Committee determines that it is mation provided by Chair or Ranking Minor- tives. necessary to retain staff members for the ity Member will be kept confidential by the (b) The quorum for an adjudicatory sub- purpose of a particular investigation or Board. committee to take testimony, receive evi- other proceeding, then such staff shall be re- (e) Except as otherwise specifically author- dence, or conduct business shall consist of a tained only for the duration of that par- ized by the Committee, no Committee mem- majority plus one of the members of the ad- ticular investigation or proceeding. ber or staff member shall disclose to any per- judicatory subcommittee. (i) Outside counsel may be dismissed prior son outside the Committee, the name of any (c) Except as stated in clauses (a) and (b) of to the end of a contract between the Com- witness subpoenaed to testify or to produce this rule, a quorum for the purpose of con- mittee and such counsel only by a majority evidence. ducting business consists of a majority of vote of the members of the Committee. (f) Except as provided in Rule 17A, the the members of the Committee or sub- (j) In addition to any other staff provided Committee shall not disclose to any person committee. for by law, rule, or other authority, with re- or organization outside the Committee any (d) A member of the Committee shall be inspect to the Committee, the Chair and Rank- information concerning the conduct of a re- eligible to participate in any Committee or ing Minority Member each may appoint one spondent until it has transmitted a State- subcommittee proceeding in which such individual as a shared staff member from the ment of Alleged Violation to such respond- Member is the respondent. respective personal staff of the Chair or ent and the respondent has been given full (e) A member of the Committee may seek Ranking Minority Member to perform serv- opportunity to respond pursuant to Rule 22. disqualification from participating in any in- ice for the Committee. Such shared staff The Statement of Alleged Violation and any vestigation of the conduct of a Member, offi- may assist the Chair or Ranking Minority written response thereto shall be made pub- cer, or employee of the House of Representa- Member on any subcommittee on which the lic at the first meeting or hearing on the tives upon the submission in writing and Chair or Ranking Minority Member serves. matter that is open to the public after such under oath of an affidavit of disqualification Only paragraphs (c) and (e) of this Rule and opportunity has been provided. Any other stating that the member cannot render an Rule 7(b) shall apply to shared staff. materials in the possession of the Committee impartial and unbiased decision. If the Com- RULE 7. CONFIDENTIALITY regarding such statement may be made pub- mittee approves and accepts such affidavit of lic as authorized by the Committee to the (a) Before any Member or employee of the disqualification, the Chair shall so notify the extent consistent with the Rules of the Committee, including members of an inves- Speaker and ask the Speaker to designate a House of Representatives. If no public hear- tigative subcommittee selected under clause Member of the House of Representatives ing is held on the matter, the Statement of 5(a)(4) of Rule X of the House of Representa- from the same political party as the dis- Alleged Violation and any written response tives and shared staff designated pursuant to qualified member of the Committee to act as thereto shall be included in the Committee’s Committee Rule 6(j), may have access to in- a member of the Committee in any Com- final report on the matter to the House of formation that is confidential under the mittee proceeding relating to such investiga- Representatives. rules of the Committee, the following oath tion. (g) Unless otherwise determined by a vote (or affirmation) shall be executed in writing: RULE 10. VOTE REQUIREMENTS of the Committee, only the Chair or Ranking ‘‘I do solemnly swear (or affirm) that I will Minority Member of the Committee, after (a) The following actions shall be taken not disclose, to any person or entity outside consultation with each other, may make only upon an affirmative vote of a majority the Committee on Ethics, any information public statements regarding matters before of the members of the Committee or sub- received in the course of my service with the the Committee or any subcommittee. committee, as appropriate: Committee, except as authorized by the (h) The Committee may establish proce- (1) Issuing a subpoena. Committee or in accordance with its rules.’’ dures necessary to prevent the unauthorized (2) Adopting a full Committee motion to Copies of the executed oath shall be pro- disclosure of any testimony or other infor- create an investigative subcommittee. vided to the Clerk of the House as part of the mation received by the Committee or its (3) Adopting or amending of a Statement of records of the House. Breaches of confiden- staff. Alleged Violation. tiality shall be investigated by the Com- (4) Finding that a count in a Statement of mittee and appropriate action shall be RULE 8. SUBCOMMITTEES—GENERAL POLICY AND Alleged Violation has been proved by clear taken. STRUCTURE and convincing evidence. (b) No member of the staff or outside coun- (a) Notwithstanding any other provision of (5) Sending a letter of reproval. sel may make public, unless approved by an these Rules, the Chair and Ranking Minority (6) Adopting a recommendation to the affirmative vote of a majority of the mem- Member of the Committee may consult with House of Representatives that a sanction be bers of the Committee, any information, doc- an investigative subcommittee either on imposed. ument, or other material that is confiden- their own initiative or on the initiative of (7) Adopting a report relating to the con- tial, derived from executive session, or clas- the subcommittee, shall have access to evi- duct of a Member, officer, or employee.

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COMPLAINTS have 45 calendar days or 5 legislative days, committee thereof by a simple majority, a (a) A complaint submitted to the Com- whichever is later, after the date that the quorum being present. mittee shall be in writing, dated, and prop- Chair and Ranking Minority Member deter- (c) No motion made to take any of the ac- erly verified (a document will be considered mine that information filed meets the re- tions enumerated in clause (a) of this rule properly verified where a notary executes it quirements of the Committee’s rules for may be entertained by the Chair unless a with the language, ‘‘Signed and sworn to (or what constitutes a complaint, unless the quorum of the Committee is present when affirmed) before me on (date) by (the name of Committee by an affirmative vote of a ma- such motion is made. the person)’’ setting forth in simple, concise, jority of its members votes otherwise, to— (1) recommend to the Committee that it RULE 11. COMMITTEE RECORDS and direct statements— dispose of the complaint, or any portion (a) All communications and all pleadings (1) the name and legal address of the party thereof, in any manner that does not require pursuant to these rules shall be filed with filing the complaint (hereinafter referred to as the ‘‘complainant’’); action by the House, which may include dis- the Committee at the Committee’s office or missal of the complaint or resolution of the such other place as designated by the Com- (2) the name and position or title of the respondent; complaint by a letter to the Member, officer, mittee. or employee of the House against whom the (b) All records of the Committee which (3) the nature of the alleged violation of the Code of Official Conduct or of other law, complaint is made; have been delivered to the Archivist of the (2) establish an investigative subcommit- United States shall be made available to the rule, regulation, or other standard of conduct applicable to the performance of duties tee; or public in accordance with Rule VII of the (3) request that the Committee extend the Rules of the House of Representatives. or discharge of responsibilities; and (4) the facts alleged to give rise to the vio- applicable 45-calendar day period when they RULE 12. BROADCASTS OF COMMITTEE AND lation. The complaint shall not contain in- determine more time is necessary in order to SUBCOMMITTEE PROCEEDINGS nuendo, speculative assertions, or conclusory make a recommendation under paragraph (1) (a) Television or radio coverage of a Com- statements. or (2) of Rule 16(b). mittee or subcommittee hearing or meeting (b) Any documents in the possession of the (c) The Chair and Ranking Minority Mem- shall be without commercial sponsorship. complainant that relate to the allegations ber may jointly gather additional informa- (b) Not more than four television cameras, may be submitted with the complaint. tion concerning alleged conduct which is the operating from fixed positions, shall be per- (c) Information offered as a complaint by a basis of a complaint or of information of- mitted in a hearing or meeting room. The Member of the House of Representatives may fered as a complaint until they have estab- Committee may allocate the positions of be transmitted directly to the Committee. lished an investigative subcommittee or the permitted television cameras among the tel- (d) Information offered as a complaint by Chair or Ranking Minority Member has evision media in consultation with the Exec- an individual not a Member of the House placed on the agenda the issue of whether to utive Committee of the Radio and Television may be transmitted to the Committee, pro- establish an investigative subcommittee. Correspondents’ Galleries. vided that a Member of the House certifies in (d) If the Chair and Ranking Minority (c) Television cameras shall be placed so as writing that such Member believes the infor- Member jointly determine that information not to obstruct in any way the space between mation is submitted in good faith and war- submitted to the Committee meets the re- any witness giving evidence or testimony rants the review and consideration of the quirements of the Committee rules for what and any member of the Committee, or the Committee. constitutes a complaint, and the complaint visibility of that witness and that member to (e) A complaint must be accompanied by a is not disposed of within 45 calendar days or each other. certification, which may be unsworn, that 5 legislative days, whichever is later, and no (d) Television cameras shall not be placed the complainant has provided an exact copy additional 45-day extension is made, then in positions that unnecessarily obstruct the of the filed complaint and all attachments to they shall establish an investigative sub- coverage of the hearing or meeting by the the respondent. committee and forward the complaint, or other media. (f) The Committee may defer action on a any portion thereof, to that subcommittee for its consideration. If at any time during PART II—INVESTIGATIVE AUTHORITY complaint against a Member, officer, or employee of the House of Representatives when the time period either the Chair or Ranking RULE 13. HOUSE RESOLUTION the complaint alleges conduct that the Com- Minority Member places on the agenda the Whenever the House of Representatives, by mittee has reason to believe is being re- issue of whether to establish an investigative resolution, authorizes or directs the Com- viewed by appropriate law enforcement or subcommittee, then an investigative sub- mittee to undertake an inquiry or investiga- regulatory authorities, or when the Com- committee may be established only by an af- tion, the provisions of the resolution, in con- mittee determines that it is appropriate for firmative vote of a majority of the members junction with these Rules, shall govern. To the conduct alleged in the complaint to be of the Committee. the extent the provisions of the resolution reviewed initially by law enforcement or reg- (e) Whenever the Chair and Ranking Mi- differ from these Rules, the resolution shall ulatory authorities. nority Member jointly determine that infor- control. (g) A complaint may not be amended with- mation submitted to the Committee does not RULE 14. COMMITTEE AUTHORITY TO out leave of the Committee. Otherwise, any meet the requirements for what constitutes INVESTIGATE—GENERAL POLICY new allegations of improper conduct must be a complaint set forth in the Committee (a) Pursuant to clause 3(b) of Rule XI of submitted in a new complaint that independ- rules, they may (1) return the information to the Rules of the House of Representatives, ently meets the procedural requirements of the complainant with a statement that it the Committee may exercise its investiga- the Rules of the House of Representatives fails to meet the requirements for what con- tive authority when: and the Committee’s Rules. stitutes a complaint set forth in the Com- (1) information offered as a complaint by a (h) The Committee shall not accept, and mittee’s rules; or (2) recommend to the Com- Member of the House of Representatives is shall return to the complainant, any committee that it authorize the establishment of transmitted directly to the Committee; plaint submitted within the 60 days prior to an investigative subcommittee. (2) information offered as a complaint by an election in which the subject of the com- RULE 17. PROCESSING OF COMPLAINTS an individual not a Member of the House is plaint is a candidate. (a) If a complaint is in compliance with transmitted to the Committee, provided that (i) The Committee shall not consider a House and Committee Rules, a copy of the a Member of the House certifies in writing complaint, nor shall any investigation be un- complaint and the Committee Rules shall be that such Member believes the information dertaken by the Committee, of any alleged forwarded to the respondent within 5 days is submitted in good faith and warrants the violation which occurred before the third with notice that the complaint conforms to review and consideration of the Committee; previous Congress unless the Committee de- the applicable rules. (3) the Committee, on its own initiative, termines that the alleged violation is di- (b) The respondent may, within 30 days of undertakes an investigation; rectly related to an alleged violation which the Committee’s notification, provide to the (4) a Member, officer, or employee is con- occurred in a more recent Congress. Committee any information relevant to a victed in a Federal, State, or local court of RULE 16. DUTIES OF COMMITTEE CHAIR AND complaint filed with the Committee. The re- a felony; RANKING MINORITY MEMBER spondent may submit a written statement in (5) the House of Representatives, by resolu- (a) Whenever information offered as a com- response to the complaint. Such a statement tion, authorizes or directs the Committee to plaint is submitted to the Committee, the shall be signed by the respondent. If the undertake an inquiry or investigation; or Chair and Ranking Minority Member shall statement is prepared by counsel for the re- (6) a referral from the Board is transmitted have 14 calendar days or 5 legislative days, spondent, the respondent shall sign a rep- to the Committee. whichever occurs first, to determine whether resentation that the respondent has reviewed (b) The Committee also has investigatory the information meets the requirements of the response and agrees with the factual as- authority over: the Committee’s rules for what constitutes a sertions contained therein. (1) certain unauthorized disclosures of in- complaint. (c) The Committee staff may request infor- telligence-related information, pursuant to (b) Whenever the Chair and Ranking Mi- mation from the respondent or obtain addi- House Rule X, clauses 11(g)(4) and (g)(5); or nority Member jointly determine that infor- tional information relevant to the case from

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H917 other sources prior to the establishment of public until the conclusion of the investiga- the Committee has notified the Board that it an investigative subcommittee only when so tive subcommittee process pursuant to Rule is unable to resolve the matter previously redirected by the Chair and Ranking Minority 19. The Committee shall issue a public state- quested pursuant to this section. The Board Member. ment noting the establishment of an inves- may subsequently send a referral regarding a (d) The respondent shall be notified in tigative subcommittee, which shall include matter previously requested and returned by writing regarding the Committee’s decision the name of the Member, officer, or em- the Committee after the conclusion of the either to dismiss the complaint or to create ployee who is the subject of the inquiry, and Board’s review process. an investigative subcommittee. shall set forth the alleged violation. RULE 18. COMMITTEE-INITIATED INQUIRY OR (2) If any such investigative subcommittee RULE 17A. REFERRALS FROM THE BOARD OF THE INVESTIGATION does not conclude its review within one year OFFICE OF CONGRESSIONAL ETHICS (a) Notwithstanding the absence of a filed after the Board’s referral, then the Com- complaint, the Committee may consider any (a) The Committee has exclusive jurisdic- mittee shall make public the report of the information in its possession indicating that tion over the interpretation, administration, Board no later than one year after the refer- a Member, officer, or employee may have and enforcement of the Code of Official Con- ral. If the investigative subcommittee does committed a violation of the Code of Official duct pursuant to clause 1(g) of House Rule X. not conclude its review before the end of the Conduct or any law, rule, regulation, or Receipt of referrals from the Board under Congress in which the report of the Board is other standard of conduct applicable to the this rule does not limit the Committee’s dis- made public, the Committee shall make pub- conduct of such Member, officer, or em- cretion to address referrals in any way lic any findings of the Board on the last day ployee in the performance of the duties or through the appropriate procedures author- of that Congress. ized by Committee Rules. The Committee (g) If the vote of the Committee is a tie or the discharge of the responsibilities of such shall review the report and findings trans- the Committee fails to act by the close of individual. The Chair and Ranking Minority mitted by the Board without prejudice or any applicable period(s) under this rule, the Member may jointly gather additional infor- presumptions as to the merit of the allega- report and the findings of the Board shall be mation concerning such an alleged violation tions. made public by the Committee, along with a by a Member, officer, or employee unless and (b)(1) Whenever the Committee receives ei- public statement by the Chair explaining the until an investigative subcommittee has ther (A) a referral containing a written re- status of the matter. been established. The Chair and Ranking Mi- port and any findings and supporting docu- (h)(1) If the Committee agrees to a request nority Member may also jointly take appro- mentation from the Board; or (B) a referral from an appropriate law enforcement or reg- priate action consistent with Committee from the Board pursuant to a request under ulatory authority to defer taking action on a Rules to resolve the matter. (b) If the Committee votes to establish an Rule 17A(k), the Chair shall have 45 calendar matter referred by the Board under para- investigative subcommittee, the Committee days or 5 legislative days after the date the graph (b)— (A) The Committee is not required to make shall proceed in accordance with Rule 19. referral is received, whichever is later, to (c) Any written request by a Member, offi- make public the report and findings of the public the written report and findings of the Board pursuant to paragraph (c), except that cer, or employee of the House of Representa- Board unless the Chair and Ranking Minor- tives that the Committee conduct an inves- ity Member jointly decide, or the Committee if the recommendation of the Board is that the matter requires further review, the Com- tigation into such person’s own conduct votes, to withhold such information for not shall be considered in accordance with sub- more than one additional 45-day period. mittee shall make public the written report of the Board but not the findings; and section (a) of this Rule. (2) At least one calendar day before the (d) An inquiry shall not be undertaken re- Committee makes public any report and (B) The Committee shall make a public statement that it is deferring taking action garding any alleged violation that occurred findings of the Board the Chair shall notify before the third previous Congress unless a in writing the Board and the Member, offi- on the matter at the request of such law enforcement or regulatory authority within majority of the Committee determines that cer, or employee who is the subject of the re- the alleged violation is directly related to an ferral of the impending public release of one day (excluding weekends and public holidays) of the day that the Committee agrees alleged violation that occurred in a more re- these documents. At the same time, Chair cent Congress. shall transmit a copy of any public state- to the request. (2) If the Committee has not acted on the (e)(1) An inquiry shall be undertaken by an ment on the Committee’s disposition of the matter within one year of the date the public investigative subcommittee with regard to matter and any accompanying Committee statement described in paragraph (h)(1)(B) is any felony conviction of a Member, officer, report to the individual who is the subject of released, the Committee shall make a public or employee of the House of Representatives the referral. statement that it continues to defer taking in a Federal, State, or local court who has (3) All public statements and reports and action on the matter. The Committee shall been sentenced. Notwithstanding this provi- findings of the Board that are required to be make a new statement upon the expiration sion, the Committee has the discretion to made public under this Rule shall be posted of each succeeding one-year period during initiate an inquiry upon an affirmative vote on the Committee’s website. which the Committee has not acted on the of a majority of the members of the Com- (c) If the OCE report and findings are with- matter. mittee at any time prior to conviction or held for an additional 45–day period pursuant (i) The Committee shall not accept, and sentencing. to paragraph (b)(1), Chair shall— shall return to the Board, any referral from (2) Not later than 30 days after a Member, (1) make a public statement that the Com- the Board within 60 days before a Federal, officer or employee of the House is indicted mittee has decided or voted to extend the State, or local election in which the subject or otherwise formally charged with criminal matter referred from the Board on the day of of the referral is a candidate. conduct in any Federal, State or local court, such decision or vote; and (j) The Committee may postpone any re- the Committee shall either initiate an in- (2) make public the written report and porting requirement under this rule that quiry upon a majority vote of the members findings pursuant to paragraph (b) upon the falls within that 60-day period until after the of the Committee or submit a report to the termination of such additional period. date of the election in which the subject of House describing its reasons for not initi- (d) If the Board transmits a report with a the referral is a candidate. For purposes of ating an inquiry and describing the actions, recommendation to dismiss or noting a mat- calculating any applicable period under this if any, that the Committee has taken in re- ter as unresolved due to a tie vote, and the Rule, any days within the 60-day period be- sponse to the allegations. Committee votes to extend the matter for an fore such an election shall not be counted. RULE 19. INVESTIGATIVE SUBCOMMITTEE additional period as provided in paragraph (k)(1) At any time after the Committee re- (a)(1) Upon the establishment of an inves- (b), the Committee is not required to make a ceives written notification from the Board of tigative subcommittee, the Chair and Rank- public statement that the Committee has the Office of Congressional Ethics that the ing Minority Member of the Committee shall voted to extend the matter pursuant to para- Board is undertaking a review of alleged con- designate four members (with equal rep- graph (b)(1). duct of any Member, officer, or employee of resentation from the majority and minority (e) If the Committee votes to dismiss a the House at a time when the Committee is parties) to serve as an investigative sub- matter referred from the Board, the Com- investigating, or has completed an investiga- committee to undertake an inquiry. Mem- mittee is not required to make public the tion of the same matter, the Committee may bers of the Committee and Members of the written report and findings of the Board pur- so notify the Board in writing and request House selected pursuant to clause 5(a)(4)(A) suant to paragraph (c) unless the Commit- that the Board cease its review and refer the of Rule X of the House of Representatives tee’s vote is inconsistent with the rec- matter to the Committee for its consider- are eligible for appointment to an investiga- ommendation of the Board. A vote by the ation immediately. The Committee shall tive subcommittee, as determined by the Committee to dismiss a matter is not consid- also notify the Board in writing if the Com- Chair and Ranking Minority Member of the ered inconsistent with a report from the mittee has not reached a final resolution of Committee. At the time of appointment, the Board that the matter is unresolved by the the matter or has not referred the matter to Chair shall designate one member of the sub- Board due to a tie vote. the appropriate Federal or State authorities committee to serve as the Chair and the (f) Except as provided by paragraph (g): by the end of any applicable time period Ranking Minority Member shall designate (1) If the Committee establishes an inves- specified in Rule 17A (including any permis- one member of the subcommittee to serve as tigative subcommittee respecting any mat- sible extension). the ranking minority member of the inves- ter referred by the Board, then the report (2) The Committee may not request a sec- tigative subcommittee. The Chair and Rank- and findings of the Board shall not be made ond referral of the matter from the Board if ing Minority Member of the Committee may

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H918 CONGRESSIONAL RECORD — HOUSE February 15, 2011 serve as members of an investigative sub- jority vote of the members present at such Violation, the respondent admits to the vio- committee, but may not serve as non-voting, proceeding on such appeal shall govern the lations set forth in such Statement, the re- ex-officio members. question of admissibility, and no appeal shall spondent waives the right to an adjudicatory (2) The respondent shall be notified of the lie to the Committee. hearing, and the respondent’s waiver is ap- membership of the investigative sub- (3) Whenever a person is determined by a proved by the Committee— committee and shall have 10 days after such majority vote to be in contempt of the sub- (1) the subcommittee shall prepare a report notice is transmitted to object to the par- committee, the matter may be referred to for transmittal to the Committee, a final ticipation of any subcommittee member. the Committee to determine whether to refer draft of which shall be provided to the re- Such objection shall be in writing and must the matter to the House of Representatives spondent not less than 15 calendar days be- be on the grounds that the subcommittee for consideration. fore the subcommittee votes on whether to member cannot render an impartial and un- (4) Committee counsel may, subject to sub- adopt the report; biased decision. The subcommittee member committee approval, enter into stipulations (2) the respondent may submit views in against whom the objection is made shall be with the respondent and/or the respondent’s writing regarding the final draft to the sub- the sole judge of any disqualification and counsel as to facts that are not in dispute. committee within 7 calendar days of receipt may choose to seek disqualification from (d) Upon an affirmative vote of a majority of that draft; participating in the inquiry pursuant to Rule of the subcommittee members, and an af- (3) the subcommittee shall transmit a re- 9(e). firmative vote of a majority of the full Com- port to the Committee regarding the State- (b) In an inquiry undertaken by an inves- mittee, an investigative subcommittee may ment of Alleged Violation together with any tigative subcommittee— expand the scope of its inquiry. views submitted by the respondent pursuant (1) All proceedings, including the taking of (e) Upon completion of the inquiry, the to subparagraph (2), and the Committee shall testimony, shall be conducted in executive staff shall draft for the investigative sub- make the report, together with the respond- session and all testimony taken by deposi- committee a report that shall contain a com- ent’s views, available to the public before tion or things produced pursuant to sub- prehensive summary of the information re- the commencement of any sanction hearing; poena or otherwise shall be deemed to have ceived regarding the alleged violations. and been taken or produced in executive session. (f) Upon completion of the inquiry, an in- (4) the Committee shall by an affirmative (2) The Chair of the investigative sub- vestigative subcommittee, by a majority vote of a majority of its members issue a re- committee shall ask the respondent and all vote of its members, may adopt a Statement port and transmit such report to the House witnesses whether they intend to be rep- of Alleged Violation if it determines that of Representatives, together with the re- resented by counsel. If so, the respondent or there is substantial reason to believe that a spondent’s views previously submitted pur- witnesses or their legal representatives shall violation of the Code of Official Conduct, or suant to subparagraph (2) and any additional provide written designation of counsel. A re- of a law, rule, regulation, or other standard views respondent may submit for attach- spondent or witness who is represented by of conduct applicable to the performance of ment to the final report; and (d) Members of the Committee shall have counsel shall not be questioned in the ab- official duties or the discharge of official re- not less than 72 hours to review any report sence of counsel unless an explicit waiver is sponsibilities by a Member, officer, or em- transmitted to the Committee by an inves- obtained. ployee of the House of Representatives has tigative subcommittee before both the com- (3) The subcommittee shall provide the re- occurred. If more than one violation is al- mencement of a sanction hearing and the spondent an opportunity to present, orally leged, such Statement shall be divided into Committee vote on whether to adopt the re- or in writing, a statement, which must be separate counts. Each count shall relate to a port. under oath or affirmation, regarding the al- separate violation, shall contain a plain and legations and any other relevant questions concise statement of the alleged facts of RULE 22. RESPONDENT’S ANSWER arising out of the inquiry. such violation, and shall include a reference (a)(1) Within 30 days from the date of (4) The staff may interview witnesses, ex- to the provision of the Code of Official Con- transmittal of a Statement of Alleged Viola- amine documents and other evidence, and re- duct or law, rule, regulation or other appli- tion, the respondent shall file with the inves- quest that submitted statements be under cable standard of conduct governing the per- tigative subcommittee an answer, in writing oath or affirmation and that documents be formance of duties or discharge of respon- and under oath, signed by respondent and re- certified as to their authenticity and accu- sibilities alleged to have been violated. A spondent’s counsel. Failure to file an answer racy. copy of such Statement shall be transmitted within the time prescribed shall be consid- (5) The subcommittee, by a majority vote to the respondent and the respondent’s coun- ered by the Committee as a denial of each of its members, may require, by subpoena or sel. count. otherwise, the attendance and testimony of (g) If the investigative subcommittee does (2) The answer shall contain an admission witnesses and the production of such books, not adopt a Statement of Alleged Violation, to or denial of each count set forth in the records, correspondence, memoranda, papers, it shall transmit to the Committee a report Statement of Alleged Violation and may in- documents, and other items as it deems nec- containing a summary of the information re- clude negative, affirmative, or alternative essary to the conduct of the inquiry. Unless ceived in the inquiry, its conclusions and defenses and any supporting evidence or the Committee otherwise provides, the sub- reasons therefore, and any appropriate rec- other relevant information. poena power shall rest in the Chair and ommendation. (b) The respondent may file a Motion for a Bill of Particulars within 10 days of the date Ranking Minority Member of the Committee RULE 20. AMENDMENTS TO STATEMENTS OF of transmittal of the Statement of Alleged and a subpoena shall be issued upon the re- ALLEGED VIOLATION quest of the investigative subcommittee. Violation. If a Motion for a Bill of Particu- (a) An investigative subcommittee may, (6) The subcommittee shall require that lars is filed, the respondent shall not be re- upon an affirmative vote of a majority of its testimony be given under oath or affirma- quired to file an answer until 20 days after members, amend its Statement of Alleged tion. The form of the oath or affirmation the subcommittee has replied to such mo- Violation anytime before the Statement of shall be: ‘‘Do you solemnly swear (or affirm) tion. Alleged Violation is transmitted to the Com- that the testimony you will give before this (c)(1) The respondent may file a Motion to mittee; and subcommittee in the matter now under con- Dismiss within 10 days of the date of trans- (b) If an investigative subcommittee sideration will be the truth, the whole truth, mittal of the Statement of Alleged Violation amends its Statement of Alleged Violation, and nothing but the truth (so help you or, if a Motion for a Bill of Particulars has the respondent shall be notified in writing God)?’’ The oath or affirmation shall be ad- been filed, within 10 days of the date of the and shall have 30 calendar days from the ministered by the Chair or subcommittee subcommittee’s reply to the Motion for a date of that notification to file an answer to member designated by the Chair to admin- Bill of Particulars. If a Motion to Dismiss is the amended Statement of Alleged Viola- ister oaths. filed, the respondent shall not be required to (c) During the inquiry, the procedure re- tion. file an answer until 20 days after the sub- specting the admissibility of evidence and RULE 21. COMMITTEE REPORTING REQUIREMENTS committee has replied to the Motion to Dis- rulings shall be as follows: (a) Whenever an investigative sub- miss, unless the respondent previously filed (1) Any relevant evidence shall be admis- committee does not adopt a Statement of Al- a Motion for a Bill of Particulars, in which sible unless the evidence is privileged under leged Violation and transmits a report to case the respondent shall not be required to the precedents of the House of Representa- that effect to the Committee, the Committee file an answer until 10 days after the sub- tives. may by an affirmative vote of a majority of committee has replied to the Motion to Dis- (2) The Chair of the subcommittee or other its members transmit such report to the miss. The investigative subcommittee shall presiding member at any investigative sub- House of Representatives; rule upon any motion to dismiss filed during committee proceeding shall rule upon any (b) Whenever an investigative sub- the period between the establishment of the question of admissibility or relevance of evi- committee adopts a Statement of Alleged subcommittee and the subcommittee’s trans- dence, motion, procedure or any other mat- Violation but recommends that no further mittal of a report or Statement of Alleged ter, and may direct any witness to answer action be taken, it shall transmit a report to Violation to the Committee or to the Chair any question under penalty of contempt. A the Committee regarding the Statement of and Ranking Minority Member at the con- witness, witness counsel, or a member of the Alleged Violation; and clusion of an inquiry, and no appeal of the subcommittee may appeal any rulings to the (c) Whenever an investigative sub- subcommittee’s ruling shall lie to the Com- members present at that proceeding. A ma- committee adopts a Statement of Alleged mittee.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00122 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H919 (2) A Motion to Dismiss may be made on open to the public unless the adjudicatory subcommittee’s authority to conduct the the grounds that the Statement of Alleged subcommittee, pursuant to such clause, de- hearing and the purpose of the hearing. Violation fails to state facts that constitute termines that the hearings or any part (2) The Chair shall then recognize Com- a violation of the Code of Official Conduct or thereof should be closed. mittee counsel and the respondent’s counsel, other applicable law, rule, regulation, or (f)(1) The adjudicatory subcommittee shall, in turn, for the purpose of giving opening standard of conduct, or on the grounds that in writing, notify the respondent that the re- statements. the Committee lacks jurisdiction to consider spondent and respondent’s counsel have the (3) Testimony from witnesses and other the allegations contained in the Statement. right to inspect, review, copy, or photograph relevant evidence shall be received in the fol- (d) Any motion filed with the sub- books, papers, documents, photographs, or lowing order whenever possible: committee pursuant to this rule shall be ac- other tangible objects that the adjudicatory (i) witnesses (deposition transcripts and af- companied by a Memorandum of Points and subcommittee counsel intends to use as evi- fidavits obtained during the inquiry may be Authorities. dence against the respondent in an adjudica- used in lieu of live witnesses if the witness is (e)(1) The Chair of the investigative sub- tory hearing. The respondent shall be given unavailable) and other evidence offered by committee, for good cause shown, may per- access to such evidence, and shall be pro- the Committee counsel, (ii) witnesses and other evidence offered by mit the respondent to file an answer or mo- vided the names of witnesses the subcommittee counsel intends to call, and a the respondent, tion after the day prescribed above. (iii) rebuttal witnesses, as permitted by (2) If the ability of the respondent to summary of their expected testimony, no less than 15 calendar days prior to any such the Chair. present an adequate defense is not adversely (4) Witnesses at a hearing shall be exam- affected and special circumstances so re- hearing. Except in extraordinary circumstances, no evidence may be introduced ined first by counsel calling such witness. quire, the Chair of the investigative sub- The opposing counsel may then cross-exam- committee may direct the respondent to file or witness called in an adjudicatory hearing unless the respondent has been afforded a ine the witness. Redirect examination and an answer or motion prior to the day pre- recross examination by counsel may be per- scribed above. prior opportunity to review such evidence or has been provided the name of the witness. mitted at the Chair’s discretion. Sub- (f) If the day on which any answer, motion, committee members may then question wit- reply, or other pleading must be filed falls on (2) After a witness has testified on direct examination at an adjudicatory hearing, the nesses. Unless otherwise directed by the a Saturday, Sunday, or holiday, such filing Chair, questions by Subcommittee members shall be made on the first business day there- Committee, at the request of the respondent, shall make available to the respondent any shall be conducted under the five-minute after. rule. (g) As soon as practicable after an answer statement of the witness in the possession of the Committee which relates to the subject (5) The Chair shall then recognize Com- has been filed or the time for such filing has mittee counsel and respondent’s counsel, in expired, the Statement of Alleged Violation matter as to which the witness has testified. (3) Any other testimony, statement, or turn, for the purpose of giving closing argu- and any answer, motion, reply, or other documentary evidence in the possession of ments. Committee counsel may reserve time pleading connected therewith shall be trans- the Committee which is material to the re- for rebuttal argument, as permitted by the mitted by the Chair of the investigative sub- spondent’s defense shall, upon request, be Chair. committee to the Chair and Ranking Minor- made available to the respondent. (k) A subpoena to a witness to appear at a ity Member of the Committee. (g) No less than 5 days prior to the hearing, hearing shall be served sufficiently in ad- RULE 23. ADJUDICATORY HEARINGS the respondent or counsel shall provide the vance of that witness’ scheduled appearance to allow the witness a reasonable period of (a) If a Statement of Alleged Violation is adjudicatory subcommittee with the names time, as determined by the Chair of the adju- transmitted to the Chair and Ranking Mi- of witnesses expected to be called, sum- dicatory subcommittee, to prepare for the nority Member pursuant to Rule 22, and no maries of their expected testimony, and copies of any documents or other evidence pro- hearing and to employ counsel. waiver pursuant to Rule 26(b) has occurred, (1) Each witness appearing before the sub- the Chair shall designate the members of the posed to be introduced. (h) The respondent or counsel may apply to committee shall be furnished a printed copy Committee who did not serve on the inves- of the Committee rules, the relevant provi- tigative subcommittee to serve on an adju- the subcommittee for the issuance of subpoenas for the appearance of witnesses or the sions of the Rules of the House of Represent- dicatory subcommittee. The Chair and Rank- atives applicable to the rights of witnesses, ing Minority Member of the Committee shall production of evidence. The application shall be granted upon a showing by the respondent and a copy of the Statement of Alleged Vio- be the Chair and Ranking Minority Member lation. of the adjudicatory subcommittee unless that the proposed testimony or evidence is relevant and not otherwise available to re- (m) Testimony of all witnesses shall be they served on the investigative sub- taken under oath or affirmation. The form of spondent. The application may be denied if committee. The respondent shall be notified the oath or affirmation shall be: ‘‘Do you not made at a reasonable time or if the testi- of the designation of the adjudicatory sub- solemnly swear (or affirm) that the testimony or evidence would be merely cumu- committee and shall have 10 days after such mony you will give before this subcommittee notice is transmitted to object to the par- lative. (i) During the hearing, the procedures rein the matter now under consideration will ticipation of any subcommittee member. garding the admissibility of evidence and be the truth, the whole truth, and nothing Such objection shall be in writing and shall rulings shall be as follows: but the truth (so help you God)?’’ The oath be on the grounds that the member cannot (1) Any relevant evidence shall be admis- or affirmation shall be administered by the render an impartial and unbiased decision. sible unless the evidence is privileged under Chair or Committee member designated by The member against whom the objection is the precedents of the House of Representa- the Chair to administer oaths. (n) At an adjudicatory hearing, the burden made shall be the sole judge of any disquali- tives. fication and may choose to seek disqualifica- (2) The Chair of the subcommittee or other of proof rests on Committee counsel to es- tion from serving on the subcommittee pur- presiding member at an adjudicatory sub- tablish the facts alleged in the Statement of suant to Rule 9(e). committee hearing shall rule upon any ques- Alleged Violation by clear and convincing (b) A majority of the adjudicatory sub- tion of admissibility or relevance of evi- evidence. However, Committee counsel need committee membership plus one must be dence, motion, procedure, or any other mat- not present any evidence regarding any present at all times for the conduct of any ter, and may direct any witness to answer count that is admitted by the respondent or any fact stipulated. business pursuant to this rule. any question under penalty of contempt. A (o) As soon as practicable after all testi- (c) The adjudicatory subcommittee shall witness, witness counsel, or a member of the mony and evidence have been presented, the hold a hearing to determine whether any subcommittee may appeal any ruling to the counts in the Statement of Alleged Violation subcommittee shall consider each count con- members present at that proceeding. A ma- tained in the Statement of Alleged Violation have been proved by clear and convincing jority vote of the members present at such evidence and shall make findings of fact, ex- and shall determine by a majority vote of its proceeding on such an appeal shall govern members whether each count has been cept where such violations have been admit- the question of admissibility and no appeal ted by respondent. proved. If a majority of the subcommittee shall lie to the Committee. does not vote that a count has been proved, (d) At an adjudicatory hearing, the sub- (3) Whenever a witness is deemed by a a motion to reconsider that vote may be committee may require, by subpoena or oth- Chair or other presiding member to be in made only by a member who voted that the erwise, the attendance and testimony of such contempt of the subcommittee, the matter count was not proved. A count that is not witnesses and production of such books, may be referred to the Committee to deter- proved shall be considered as dismissed by records, correspondence, memoranda, papers, mine whether to refer the matter to the documents, and other items as it deems nec- the subcommittee. House of Representatives for consideration. (p) The findings of the adjudicatory sub- essary. Depositions, interrogatories, and (4) Committee counsel may, subject to subcommittee shall be reported to the Com- sworn statements taken under any investiga- committee approval, enter into stipulations mittee. tive subcommittee direction may be accept- with the respondent and/or the respondent’s ed into the hearing record. counsel as to facts that are not in dispute. RULE 24. SANCTION HEARING AND CONSIDER- (e) The procedures set forth in clause 2(g) (j) Unless otherwise provided, the order of ATION OF SANCTIONS OR OTHER RECOMMENDA- and (k) of Rule XI of the Rules of the House an adjudicatory hearing shall be as follows: TIONS of Representatives shall apply to adjudica- (1) The Chair of the subcommittee shall (a) If no count in a Statement of Alleged tory hearings. All such hearings shall be open the hearing by stating the adjudicatory Violation is proved, the Committee shall

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H920 CONGRESSIONAL RECORD — HOUSE February 15, 2011 prepare a report to the House of Representa- ceives any exculpatory information respect- agree in writing, and therefore not receive tives, based upon the report of the adjudica- ing a Complaint or Statement of Alleged the evidence, shall not preclude the issuance tory subcommittee. Violation concerning a Member, officer, or of a Statement of Alleged Violation at the (b) If an adjudicatory subcommittee com- employee of the House of Representatives, it end of the period referenced to in (c). pletes an adjudicatory hearing pursuant to shall make such information known and (g) A respondent shall receive written no- Rule 23 and reports that any count of the available to the Member, officer, or em- tice whenever— Statement of Alleged Violation has been ployee as soon as practicable, but in no event (1) the Chair and Ranking Minority Mem- proved, a hearing before the Committee shall later than the transmittal of evidence sup- ber determine that information the Com- be held to receive oral and/or written sub- porting a proposed Statement of Alleged Vio- mittee has received constitutes a complaint; missions by counsel for the Committee and lation pursuant to Rule 26(c). If an investiga- (2) a complaint or allegation is trans- counsel for the respondent as to the sanction tive subcommittee does not adopt a State- mitted to an investigative subcommittee; the Committee should recommend to the ment of Alleged Violation, it shall identify (3) that subcommittee votes to authorize House of Representatives with respect to any exculpatory information in its posses- its first subpoena or to take testimony under such violations. Testimony by witnesses sion at the conclusion of its inquiry and oath, whichever occurs first; and shall not be heard except by written request shall include such information, if any, in the (4) the Committee votes to expand the and vote of a majority of the Committee. subcommittee’s final report to the Com- scope of the inquiry of an investigative sub- (c) Upon completion of any proceeding held mittee regarding its inquiry. For purposes of committee. pursuant to clause (b), the Committee shall this rule, exculpatory evidence shall be any (h) Whenever an investigative sub- consider and vote on a motion to recommend evidence or information that is substantially committee adopts a Statement of Alleged to the House of Representatives that the favorable to the respondent with respect to Violation and a respondent enters into an House take disciplinary action. If a majority the allegations or charges before an inves- agreement with that subcommittee to settle of the Committee does not vote in favor of tigative or adjudicatory subcommittee. a complaint on which the Statement is the recommendation that the House of Rep- RULE 26. RIGHTS OF RESPONDENTS AND based, that agreement, unless the respondent resentatives take action, a motion to recon- WITNESSES requests otherwise, shall be in writing and sider that vote may be made only by a mem- signed by the respondent and the respond- ber who voted against the recommendation. (a) A respondent shall be informed of the right to be represented by counsel, to be pro- ent’s counsel, the Chair and Ranking Minor- The Committee may also, by majority vote, ity Member of the subcommittee, and out- adopt a motion to issue a Letter of Reproval vided at the respondent’s own expense. (b) A respondent may seek to waive any side counsel, if any. or take other appropriate Committee action. procedural rights or steps in the disciplinary (i) Statements or information derived sole- (d) If the Committee determines a Letter ly from a respondent or respondent’s counsel of Reproval constitutes sufficient action, the process. A request for waiver must be in writing, signed by the respondent, and must during any settlement discussions between Committee shall include any such letter as a the Committee or a subcommittee thereof part of its report to the House of Representa- detail what procedural steps the respondent seeks to waive. Any such request shall be and the respondent shall not be included in tives. any report of the subcommittee or the Com- (e) With respect to any proved counts subject to the acceptance of the Committee mittee or otherwise publicly disclosed with- against a Member of the House of Represent- or subcommittee, as appropriate. out the consent of the respondent. atives, the Committee may recommend to (c) Not less than 10 calendar days before a (j) Whenever a motion to establish an in- the House one or more of the following sanc- scheduled vote by an investigative sub- vestigative subcommittee does not prevail, tions: committee on a Statement of Alleged Viola- (1) Expulsion from the House of Represent- tion, the subcommittee shall provide the re- the Committee shall promptly send a letter atives. spondent with a copy of the Statement of Al- to the respondent informing the respondent (2) Censure. leged Violation it intends to adopt together of such vote. (3) Reprimand. with all evidence it intends to use to prove (k) Witnesses shall be afforded a reason- (4) Fine. those charges which it intends to adopt, in- able period of time, as determined by the (5) Denial or limitation of any right, cluding documentary evidence, witness testi- Committee or subcommittee, to prepare for power, privilege, or immunity of the Member mony, memoranda of witness interviews, and an appearance before an investigative sub- if under the Constitution the House of Rep- physical evidence, unless the subcommittee committee or for an adjudicatory hearing resentatives may impose such denial or limi- by an affirmative vote of a majority of its and to obtain counsel. tation. members decides to withhold certain evi- (1) Prior to their testimony, witnesses (6) Any other sanction determined by the dence in order to protect a witness, but if shall be furnished a printed copy of the Com- Committee to be appropriate. such evidence is withheld, the subcommittee mittee’s Rules of Procedure and the provi- (f) With respect to any proved counts shall inform the respondent that evidence is sions of the Rules of the House of Represent- against an officer or employee of the House being withheld and of the count to which atives applicable to the rights of witnesses. of Representatives, the Committee may rec- such evidence relates. (m) Witnesses may be accompanied by ommend to the House one or more of the fol- (d) Neither the respondent nor respond- their own counsel for the purpose of advising lowing sanctions: ent’s counsel shall, directly or indirectly, them concerning their constitutional rights. (1) Dismissal from employment. contact the subcommittee or any member The Chair may punish breaches of order and (2) Reprimand. thereof during the period of time set forth in decorum, and of professional responsibility (3) Fine. paragraph (c) except for the sole purpose of on the part of counsel, by censure and exclu- (4) Any other sanction determined by the settlement discussions where counsels for sion from the hearings; and the Committee Committee to be appropriate. the respondent and the subcommittee are may cite the offender to the House of Rep- (g) With respect to the sanctions that the present. resentatives for contempt. Committee may recommend, reprimand is (e) If, at any time after the issuance of a (n) Each witness subpoenaed to provide appropriate for serious violations, censure is Statement of Alleged Violation, the Com- testimony or other evidence shall be pro- appropriate for more serious violations, and mittee or any subcommittee thereof deter- vided the same per diem rate as established, expulsion of a Member or dismissal of an of- mines that it intends to use evidence not authorized, and regulated by the Committee ficer or employee is appropriate for the most provided to a respondent under paragraph (c) on House Administration for Members, offi- serious violations. A recommendation of a to prove the charges contained in the State- cers and employees of the House, and, as the fine is appropriate in a case in which it is ment of Alleged Violation (or any amend- Chair considers appropriate, actual expenses likely that the violation was committed to ment thereof), such evidence shall be made of travel to or from the place of examina- secure a personal financial benefit; and a immediately available to the respondent, tion. No compensation shall be authorized recommendation of a denial or limitation of and it may be used in any further proceeding for attorney’s fees or for a witness’ lost earn- a right, power, privilege, or immunity of a under the Committee’s rules. ings. Such per diem may not be paid if a wit- Member is appropriate when the violation (f) Evidence provided pursuant to para- ness had been summoned at the place of ex- bears upon the exercise or holding of such graph (c) or (e) shall be made available to amination. right, power, privilege, or immunity. This the respondent and respondent’s counsel (o) With the approval of the Committee, a clause sets forth general guidelines and does only after each agrees, in writing, that no witness, upon request, may be provided with not limit the authority of the Committee to document, information, or other materials a transcript of the witness’ own deposition recommend other sanctions. obtained pursuant to that paragraph shall be or other testimony taken in executive ses- (h) The Committee report shall contain an made public until— sion, or, with the approval of the Chair and appropriate statement of the evidence sup- (1) such time as a Statement of Alleged Ranking Minority Member, may be per- porting the Committee’s findings and a Violation is made public by the Committee if mitted to examine such transcript in the of- statement of the Committee’s reasons for the respondent has waived the adjudicatory fice of the Committee. Any such request the recommended sanction. hearing; or shall be in writing and shall include a state- RULE 25. DISCLOSURE OF EXCULPATORY (2) the commencement of an adjudicatory ment that the witness, and counsel, agree to INFORMATION TO RESPONDENT hearing if the respondent has not waived an maintain the confidentiality of all executive If the Committee, or any investigative or adjudicatory hearing; but the failure of re- session proceedings covered by such tran- adjudicatory subcommittee at any time respondent and respondent’s counsel to so script.

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RULE 27. FRIVOLOUS FILINGS No.: FEMA-B-1146] received January 19, 2011, tions in Zimbabwe that was declared in Ex- If a complaint or information offered as a pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ecutive Order 13288 of March 6, 2003; to the complaint is deemed frivolous by an affirma- mittee on Financial Services. Committee on Foreign Affairs. tive vote of a majority of the members of the 486. A letter from the Chief Counsel, De- 498. A letter from the Associate General Committee, the Committee may take such partment of Homeland Security, transmit- Counsel for General Law, Department of action as it, by an affirmative vote of a ma- ting the Department’s final rule — Changes Homeland Security, transmitting a report jority deems appropriate in the cir- in Flood Elevation Determinations [Docket pursuant to the Federal Vacancies Reform cumstances. ID: FEMA-2010-0003] received January 24, Act of 1998; to the Committee on Oversight 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Government Reform. RULE 28. REFERRALS TO FEDERAL OR STATE Committee on Financial Services. 499. A letter from the Deputy Assistant Ad- AUTHORITIES 487. A letter from the Chief Counsel, De- ministrator for Operations, NMFS, National Referrals made under clause 3(a)(3) of Rule partment of Homeland Security, transmit- Oceanic and Atmospheric Administration, XI of the Rules of the House of Representa- ting the Department’s final rule — Changes transmitting the Administration’s final rule tives may be made by an affirmative vote of in Flood Elevation Determinations [Docket — Fisheries of the Caribbean, Gulf of Mexico, two-thirds of the members of the Committee. ID: FEMA-2010-0003] received January 24, and South Atlantic; Snapper-Grouper Fish- ery Off the South Atlantic States; Emer- f 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Services. gency Rule To Delay Effectiveness of the ADJOURNMENT 488. A letter from the Chief Counsel, De- Snapper-Grouper Area Closure; Correction partment of Homeland Security, transmit- [Docket No.: 101124587-0586-01] (RIN: 0648- Mr. CHAFFETZ. Mr. Speaker, I move ting the Department’s final rule — Changes BA47) received January 24, 2011, pursuant to that the House do now adjourn. in Flood Elevation Determinations [Docket 5 U.S.C. 801(a)(1)(A); to the Committee on The motion was agreed to; accord- ID: FEMA-2010-0003] received January 24, Natural Resources. ingly (at 1 o’clock and 13 minutes 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 500. A letter from the Acting Director, Of- a.m.), under its previous order, the Committee on Financial Services. fice of Sustainable Fisheries, NMFS, Na- House adjourned until today, Wednes- 489. A letter from the Secretary, Depart- tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final day, February 16, 2011, at 10 a.m. for ment of Health and Human Services, transmitting the Department’s fiscal year 2010 rule — Atlantic Highly Migratory Species; morning-hour debate. Performance Report for the Animal Drug Atlantic Bluefin Tuna Fisheries (RIN: 0648- EXECUTIVE COMMUNICATIONS, User Fee Act; to the Committee on Energy XA017) received January 24, 2011, pursuant to and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on ETC. 490. A letter from the Secretary, Depart- Natural Resources. Under clause 2 of rule XIV, executive ment of Health and Human Services, trans- 501. A letter from the Deputy Assistant Ad- communications were taken from the mitting fiscal year 2010 Performance Report ministrator for Regulatory Programs, Speaker’s table and referred as follows: to Congress for the Animal Generic Drug NMFS, National Oceanic and Atmospheric User Fee Act; to the Committee on Energy Administration, transmitting the Adminis- 479. A letter from the Director, Human and Commerce. tration’s final rule — Magnuson-Stevens Capital and Resource Management, Depart- 491. A letter from the Assistant Secretary, Fishery Conservation and Management Act ment of Defense, transmitting a letter pro- Legislative Affairs, Department of State, Provisions; Fisheries of the Northeastern viding notification that the Department in- transmitting the Department’s Alternative United States; Atlantic Surfclam and Ocean tends to approve the following additions to Fuel Vehicle program report for FY 2010; to Quahog Fishery; Proposed 2011-2013 Fishing the current limitations on purchase quan- the Committee on Energy and Commerce. Quotas for Atlantic Surfclam and Ocean tities of specific merchandise items; to the 492. A letter from the Director, Defense Se- Quahog [Docket No.: 101013504-0504-02] (RIN: Committee on Armed Services. curity Cooperation Agency, transmitting the 0648-XY27) received January 24, 2011, pursu- 480. A letter from the Chief Counsel, De- Agency’s reports containing the September ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment of Homeland Security, transmit- 30, 2010 status of loans and guarantees issued on Natural Resources. ting the Department’s final rule — Changes under the Arms Export Control Act; to the 502. A letter from the Acting Director, Of- in Flood Elevation Determinations [Docket Committee on Foreign Affairs. fice of Sustainable Fisheries, NMFS, Na- ID: FEMA-2010-0003] [Internal Agency Docket 493. A letter from the Director, Defense Se- tional Oceanic and Atmospheric Administra- No.: FEMA-B-1162] received January 24, 2011, curity Cooperation Agency, transmitting a tion, transmitting the Administration’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- notice of a proposed lease with the Govern- rule — Fraser River Sockeye Salmon Fish- mittee on Financial Services. ment of France (Transmittal No. 09-10) pur- eries; Inseason Orders (RIN: 0648-XZ20) re- 481. A letter from the Chief Counsel, De- suant to Section 62(a) of the Arms Export ceived January 19, 2011, pursuant to 5 U.S.C. partment of Homeland Security, transmit- Control Act; to the Committee on Foreign 801(a)(1)(A); to the Committee on Natural ting the Department’s final rule — Changes Affairs. Resources. in Flood Elevation Determinations [Docket 494. A letter from the Assistant Legal Ad- 503. A letter from the Deputy Assistant Ad- ID: FEMA-2010-0003] [Internal Agency Docket viser for Treaty Affairs, Department of ministrator for Regulatory Programs, No.: FEMA-B-1156] received January 19, 2011, State, transmitting report prepared by the NMFS, National Oceanic and Atmospheric pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of State concerning inter- Administration, transmitting the Adminis- mittee on Financial Services. national agreements other than treaties en- tration’s final rule — Shipping Act, Mer- 482. A letter from the Chief Counsel, De- tered into by the United States to be trans- chant Marine, and Magnuson-Stevens Fish- partment of Homeland Security, transmit- mitted to the Congress within the sixty-day ery Conservation and Management Act (Mag- ting the Department’s final rule — Changes period specified in the Case-Zablocki Act; to nuson-Stevens Act) Provisions; Fishing Ves- in Flood Elevation Determinations [Docket the Committee on Foreign Affairs. sel, Fishing Facility and Individual Fishing ID: FEMA-2010-0003] [Internal Agency Docket 495. A letter from the Deputy Secretaries, Quota Lending Program [Docket No.: No.: FEMA-B-1135] received January 19, 2011, Department of the Interior and the Depart- 0908061221-0533-02] (RIN: 0648-AY16) received pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of State, transmitting draft legislation January 24, 2011, pursuant to 5 U.S.C. mittee on Financial Services. to amend Title I of Pub. L. 99-658, 100 Stat. 801(a)(1)(A); to the Committee on Natural 483. A letter from the Chief Counsel, De- 3672; to the Committee on Foreign Affairs. Resources. partment of Homeland Security, transmit- 496. A letter from the Secretary, Depart- 504. A letter from the Deputy Assistant Ad- ting the Department’s final rule — Changes ment of the Treasury, transmitting as re- ministrator for Regulatory Programs, in Flood Elevation Determinations [Docket quired by section 401(c) of the National NMFS, National Oceanic and Atmospheric ID: FEMA-2010-0003] [Internal Agency Docket Emergencies Act, 50 U.S.C. 1641(c), and sec- Administration, transmitting the Adminis- No.: FEMA-B-1157] received January 19, 2011, tion 204(c) of the International Emergency tration’s final rule — Magnuson-Stevens Act pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Economic Powers Act, 50 U.S.C. 1703(c), a Provisions; Fisheries of the Northeastern mittee on Financial Services. six-month periodic report on the national United States; Northeast Multispecies Fish- 484. A letter from the Chief Counsel, De- emergency with respect to Lebanon that was ery; Final Rule to Implement Addenda to 17 partment of Homeland Security, transmit- declared in Executive Order 13441 of August Fishing Year (FY) 2010 Sector Operations ting the Department’s final rule — Changes 1, 2007; to the Committee on Foreign Affairs. Plans and Contracts [Docket No.: 100818375- in Flood Elevation Determinations [Docket 497. A letter from the Secretary, Depart- 0600-02] (RIN: 0648-XX84) received January 19, ID: FEMA-2010-0003] [Internal Agency Docket ment of the Treasury, transmitting as re- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the No.: FEMA-B-1150] received January 24, 2011, quired by section 401(c) of the National Committee on Natural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Emergencies Act, 50 U.S.C. 1641(c), and sec- 505. A letter from the Assistant Attorney mittee on Financial Services. tion 204(c) of the International Emergency General, Department of Justice, transmit- 485. A letter from the Chief Counsel, De- Economic Powers Act, 50 U.S.C. 1703(c), and ting the semi-annual report of the Attorney partment of Homeland Security, transmit- pursuant to Executive Order 13313 of July 31, General concerning enforcement actions ting the Department’s final rule — Changes 2003, a six-month periodic report on the na- taken by the Department under the Lob- in Flood Elevation Determinations [Docket tional emergency with respect to persons un- bying Disclosure Act, Public Law 104-65, as ID: FEMA-2010-0003] [Internal Agency Docket dermining democratic processes or institu- amended by Public Law 110-81, codified at 2

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00125 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H922 CONGRESSIONAL RECORD — HOUSE February 15, 2011 U.S.C. Sec. 1605(b)(1) for the semi-annual pe- information reporting requirements to pay- is lost, delayed, or damaged, and require air riod beginning on July 1, 2009, pursuant to 2 ments made to corporations, payments for carriers and ticket agents to include the ac- U.S.C. section 1605(b)(1); to the Committee property and other gross proceeds, and rent- tual cost of checked baggage when quoting on the Judiciary. al property expense payments, and for other an airfare; to the Committee on Transpor- 506. A letter from the President and Chief purposes; to the Committee on Ways and tation and Infrastructure. Executive Officer, Little League Inter- Means. By Mr. FILNER: national, transmitting the Annual Report of By Mr. ENGEL (for himself and Mr. H.R. 713. A bill to amend the Immigration Little League Baseball, Incorporated for the BARTLETT): and Nationality Act to restore certain provi- fiscal year ending September 30, 2010, pursu- H.R. 706. A bill to direct the Secretary of sions relating to the definition of aggravated ant to 36 U.S.C. 1084(b); to the Committee on Energy to establish a pilot program to award felony and other provisions as they were be- the Judiciary. grants and loan guarantees to hospitals to fore the enactment of the Illegal Immigra- 507. A letter from the Assistant U.S. Trade carry out projects for the purpose of reduction Reform and Immigrant Responsibility Representative for WTO and Multilateral Af- ing energy costs and increasing resilience to Act of 1996; to the Committee on the Judici- fairs, Office of the United States Trade Rep- improve security; to the Committee on En- ary. resentative, transmitting the Administra- ergy and Commerce, and in addition to the By Mr. FILNER: H.R. 714. A bill to amend the Immigration tion’s Annual Report on Subsidies Enforce- Committee on Appropriations, for a period to and Nationality Act to permit certain Mexi- ment, pursuant to the Statement of Admin- be subsequently determined by the Speaker, in each case for consideration of such provi- can children, and accompanying adults, to istrative Action of the Uruguay Round sions as fall within the jurisdiction of the obtain a waiver of the documentation re- Agreements Act; to the Committee on Ways committee concerned. quirements otherwise required to enter the and Means. By Mr. ENGEL (for himself, Mrs. United States as a temporary visitor; to the f SCHMIDT, and Mr. TERRY): Committee on the Judiciary. H.R. 707. A bill to prohibit the manufac- By Mr. FILNER: REPORTS OF COMMITTEES ON ture, marketing, sale, or shipment in inter- H.R. 715. A bill to amend part Q of title I PUBLIC BILLS AND RESOLUTIONS state commerce of products designed to as- of the Omnibus Crime Control and Safe Under clause 2 of rule XIII, reports of sist in defrauding a drug test; to the Com- Streets Act of 1968 to authorize grant funds committees were delivered to the Clerk mittee on Energy and Commerce. to be used for the Troops-to-Cops Program; to the Committee on the Judiciary. for printing and reference to the proper By Mr. SHUSTER (for himself and Mr. HOLDEN): By Mr. FILNER: calendar, as follows: H.R. 708. A bill to amend title 23, United H.R. 716. A bill to amend the Federal Fire Mr. DREIER: Committee on Rules. House States Code, to establish standards limiting Prevention and Control Act of 1974 to au- Resolution 93. A resolution providing for the amounts of arsenic and lead contained in thorize a fire station construction grant pro- consideration of the Senate amendment to glass beads used in pavement markings; to gram for 5 years, and for other purposes; to the bill (H.R. 514) to extend expiring provi- the Committee on Transportation and Infra- the Committee on Science, Space, and Tech- sions of the USA PATRIOT Improvement structure. nology. and Reauthorization Act of 2005 and Intel- By Mr. SIRES (for himself, Ms. LEE of By Mr. FILNER: ligence Reform and Terrorism Prevention California, Mr. JOHNSON of Georgia, H.R. 717. A bill to authorize Federal pay- Act of 2004 relating to access to business Mr. CONNOLLY of Virginia, Ms. ment to first responders for costs associated with providing emergency services at the records, individual terrorists as agents of FUDGE, Mr. TOWNS, Mr. NADLER, Mr. international borders of the United States, foreign powers, and roving wiretaps until De- CARNAHAN, Mrs. MALONEY, Ms. RICH- and for other purposes; to the Committee on cember 8, 2011 (Rept. 112–14). Referred to the ARDSON, Mr. ROTHMAN of New Jersey, Transportation and Infrastructure. House Calendar. Mr. JACKSON of Illinois, Mr. ELLISON, By Mr. FILNER: Mr. COHEN, Mr. ACKERMAN, Mr. f H.R. 718. A bill to require the Commis- HASTINGS of Florida, Ms. CLARKE of sioner of Social Security to revise the med- New York, Mr. ENGEL, Mr. RANGEL, PUBLIC BILLS AND RESOLUTIONS ical and evaluation criteria for determining Mr. SCHIFF, Mr. GONZALEZ, Mr. POLIS, Under clause 2 of rule XII, public disability in a person diagnosed with Hun- Mr. MCNERNEY, Mr. WEINER, Mr. tington’s Disease and to waive the 24-month bills and resolutions of the following TURNER, Mrs. NAPOLITANO, Mr. titles were introduced and severally re- waiting period for Medicare eligibility for in- SERRANO, Mr. FILNER, Mr. dividuals disabled by Huntington’s Disease; ferred, as follows: FALEOMAVAEGA, Mr. FATTAH, and Ms. to the Committee on Ways and Means. By Mr. ROE of Tennessee: BORDALLO): By Mr. FILNER: H.R. 702. A bill to amend the Uniformed H.R. 709. A bill to authorize the Secretary H.R. 719. A bill to award a Congressional and Overseas Citizens Absentee Voting Act of Housing and Urban Development to estab- Gold Medal to the World War II members of to require States to delay certifying the re- lish and carry out an urban revitalization the Civil Air Patrol; to the Committee on Fi- sults of regularly scheduled general elections and livable communities program to provide nancial Services, and in addition to the Com- for Federal office in order to ensure the Federal grants to urban areas for the reha- mittee on House Administration, for a period counting of any marked absentee ballots of bilitation of critically needed recreational to be subsequently determined by the Speak- absent overseas uniformed services voters areas and facilities and development of im- er, in each case for consideration of such pro- proved recreation programs, and for other that are collected by the Presidential des- visions as fall within the jurisdiction of the purposes; to the Committee on Financial ignee under such Act for delivery to State committee concerned. Services, and in addition to the Committee election officials; to the Committee on By Mr. HOLT (for himself and Mr. NAD- on Education and the Workforce, for a period House Administration. LER): to be subsequently determined by the Speak- By Mr. KING of New York (for himself, H.R. 720. A bill to establish the National er, in each case for consideration of such pro- OGERS of Alabama, Mr. MCCAUL, Commission on the Anthrax Attacks Upon Mr. R visions as fall within the jurisdiction of the Mr. BROUN of Georgia, Mrs. MILLER of the United States to examine and report committee concerned. upon the facts and causes relating to the an- Michigan, Mr. WALBERG, Mr. WALSH By Mr. WITTMAN: of Illinois, Mr. MEEHAN, Mr. LONG, thrax letter attacks of September and Octo- H.R. 710. A bill to amend the Internal Rev- ber 2001, and investigate and report to the and Mr. LATHAM): enue Code of 1986 to allow a credit against President and Congress on its findings, con- H.R. 703. A bill to amend section 798 of title income tax for expenses incurred in tele- 18, United States Code, to provide penalties clusions, and recommendations for correc- working; to the Committee on Ways and tive measures that can be taken to prevent for disclosure of classified information re- Means. and respond to acts of bioterrorism; to the lated to certain intelligence activities of the By Ms. HIRONO (for herself, Mr. AN- Committee on the Judiciary. United States, and for other purposes; to the DREWS, and Ms. MATSUI): By Ms. JENKINS (for herself, Mr. Committee on the Judiciary. H.R. 711. A bill to amend the Workforce In- BLUMENAUER, Mr. SHUSTER, and Mr. By Mr. GOODLATTE (for himself, Mr. vestment Act of 1998 to provide for the estab- COSTELLO): DEFAZIO, Mr. SMITH of Texas, Mr. lishment of Youth Corps programs and pro- H.R. 721. A bill to amend the Internal Rev- SHERMAN, Mr. WOLF, Mr. COFFMAN of vide for wider dissemination of the Youth enue Code of 1986 to extend and modify the Colorado, Mr. CONAWAY, Mr. Corps model; to the Committee on Education railroad track maintenance credit; to the MARCHANT, Mrs. MYRICK, Mr. and the Workforce. Committee on Ways and Means. GALLEGLY, Mr. KING of Iowa, Mr. By Mr. CAPUANO (for himself, Mrs. By Mr. NADLER: WEST, and Mr. BILBRAY): CHRISTENSEN, Mr. COHEN, Mr. H.R. 722. A bill to amend the Internal Rev- H.R. 704. A bill to amend the Immigration DEFAZIO, Mr. JACKSON of Illinois, Mr. enue Code of 1986 to deny any deduction for and Nationality Act to eliminate the diver- MCGOVERN, Ms. MOORE, Mr. NADLER, direct-to-consumer advertisements of pre- sity immigrant program; to the Committee Ms. NORTON, Ms. RICHARDSON, Mr. scription drugs; to the Committee on Ways on the Judiciary. SABLAN, Mr. SHULER, and Mr. and Means. By Mr. CAMP: COSTELLO): By Ms. NORTON: H.R. 705. A bill to amend the Internal Rev- H.R. 712. A bill to require air carriers to re- H.R. 723. A bill to deauthorize a portion of enue Code of 1986 to repeal the expansion of fund passenger baggage fees if such baggage the project for navigation, Potomac River,

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H923 Washington Channel, District of Columbia, By Mr. FILNER: Congress has the power to enact this legis- under the jurisdiction of the Corps of Engi- H.R. 730. A bill for the relief of Fernando lation pursuant to the following: neers; to the Committee on Transportation Javier Cervantes; to the Committee on the Article I, Section 8 of the Constitution. and Infrastructure. Judiciary. By Mr. WITTMAN: By Mr. ROTHMAN of New Jersey: By Mr. FILNER: H.R. 710. H.R. 724. A bill to amend the Internal Rev- H.R. 731. A bill for the relief of Aluisa Zace Congress has the power to enact this legis- enue Code of 1986 to extend the qualifying and Ledia Zace; to the Committee on the Ju- lation pursuant to the following: advanced energy project credit; to the Com- diciary. Article I, Section 8, Clause 1 and the Six- mittee on Ways and Means. By Mr. GONZA´ LEZ: teenth Amendment. By Mr. RYAN of Ohio: H.R. 732. A bill for the relief of Benita By Ms. HIRONO: H.R. 725. A bill to designate the facility of Veliz-Castillo; to the Committee on the Ju- H.R. 711. the United States Postal Service located at diciary. Congress has the power to enact this legislation pursuant to the following: 4865 Tallmadge Road in Rootstown, Ohio, as f the ‘‘Marine Sgt. Jeremy E. Murray Post Of- Article I, Section 8, Clause 1. The Congress fice’’; to the Committee on Oversight and CONSTITUTIONAL AUTHORITY shall have Power To lay and collect Taxes, Government Reform. STATEMENT Duties, Imposts and Excises, to pay the Debts and provide for the common Defence By Mr. SCHRADER (for himself, Mr. Pursuant to clause 7 of rule XII of DEFAZIO, Mr. BLUMENAUER, and Mr. and general Welfare of the United States . . . the Rules of the House of Representa- WU): By Mr. CAPUANO: H.R. 726. A bill to amend the Grand Ronde tives, the following statements are sub- H.R. 712. Reservation Act to make technical correc- mitted regarding the specific powers Congress has the power to enact this legis- tions, and for other purposes; to the Com- granted to Congress in the Constitu- lation pursuant to the following: mittee on Natural Resources. tion to enact the accompanying bill or The Congress enacts this bill pursuant to Article I, Section 8, Clause 3 of the United By Mr. SENSENBRENNER: joint resolution. H.R. 727. A bill to amend title 28, United States Constitution. By Mr. ROE of Tennessee: By Mr. FILNER: States Code, to provide an Inspector General H.R. 702. for the judicial branch, and for other pur- H.R. 713. Congress has the power to enact this legis- Congress has the power to enact this legis- poses; to the Committee on the Judiciary. lation pursuant to the following: By Mr. STUTZMAN: lation pursuant to the following: The constitutional authority on which this The constitutional authority of Congress H.R. 728. A bill to require that the Govern- bill rests is the power of Congress as stated to enact this legislation is provided by Arti- ment give priority to payment of all obliga- in Article I, Section 4, Clause 1 of the United cle I, Section 8 of the United States Con- tions on the debt held by the public, pay- States Constitution. stitution (clauses 4 and 18), which grants ment of Social Security benefits, and mili- By Mr. KING of New York: Congress the power to establish a uniform tary funding in the event that the debt limit H.R. 703. Rule of Naturalization; and to make all Laws is reached; to the Committee on Ways and Congress has the power to enact this legis- which shall be necessary and proper for car- Means. lation pursuant to the following: rying into Execution the foregoing Powers. By Mr. THOMPSON of California (for Article I, Section 8, Clause 1: The Congress By Mr. FILNER: himself, Mr. ACKERMAN, Mr. shall have Power to lay and collect Taxes, H.R. 714. BLUMENAUER, Mr. DINGELL, Mr. Duties, Imposts and Excises, to pay the Congress has the power to enact this legis- ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. Debts and provide for the common Defence lation pursuant to the following: FARR, Mr. GONZA´ LEZ, Mr. HONDA, Ms. and general Welfare of the United States; but The constitutional authority of Congress LEE of California, Ms. ZOE LOFGREN all Duties, Imposts and Excises shall be uni- to enact this legislation is provided by Arti- of California, Mr. MCINTYRE, Mr. form throughout the United States. cle I, Section 8 of the United States Con- GEORGE MILLER of California, Mr. Article I, Section 8, Clause 18: The Con- stitution (clauses 4 and 18), which grants MORAN, Mr. NADLER, Mr. ROSS of Ar- gress shall have Power to make all Laws Congress the power to establish a uniform kansas, Mr. RUPPERSBERGER, Mr. which shall be necessary and proper for car- Rule of Naturalization; and to make all Laws SHERMAN, Mr. SHULER, Mr. TERRY, rying into Execution the forgoing Powers, which shall be necessary and proper for car- Mr. TIBERI, Mr. TOWNS, and Mr. and all other Powers vested by this Constitu- rying into Execution the foregoing Powers. WEINER): tion in the Government of the United States By Mr. FILNER: H.R. 729. A bill to amend title 49, United or in any Department or Officer thereof. H.R. 715. States Code, to ensure air passengers have By Mr. GOODLATTE: Congress has the power to enact this legis- access to necessary services while on a H.R. 704. lation pursuant to the following: grounded air carrier, and for other purposes; Congress has the power to enact this legis- The constitutional authority of Congress to the Committee on Transportation and In- lation pursuant to the following: to enact this legislation is provided by Arti- frastructure. Article I, Section 8, Clause 4, which states cle I, Section 8 of the United States Con- By Mr. WOODALL: that Congress has the power to establish a stitution (clauses 1 and 18), which grants H. Con. Res. 17. Concurrent resolution pro- uniform Rule of Naturalization. Congress the power to provide for the com- viding for an adjournment or recess of the By Mr. CAMP: mon Defense and general Welfare of the two Houses; considered and agreed to. con- H.R. 705. United States; and to make all Laws which sidered and agreed to. Congress has the power to enact this legis- shall be necessary and proper for carrying By Mr. FILNER: lation pursuant to the following: into Execution the foregoing Powers. H. Con. Res. 18. Concurrent resolution urg- Clause 1 of Section 8 of Article I of the By Mr. FILNER: ing the President to authorize the return to United States Constitution and Amendment H.R. 716. the people of the Philippines of two church XVI of the United States Constitution. Congress has the power to enact this legis- bells that were taken by the United States By Mr. ENGEL: lation pursuant to the following: Army in 1901 from the town of Balangiga on H.R. 706. The constitutional authority of Congress the island of Samar, Philippines, and are Congress has the power to enact this legis- to enact this legislation is provided by Arti- currently displayed at F.E. Warren Air Force lation pursuant to the following: cle I, Section 8 of the United States Con- Base, Wyoming; to the Committee on For- The bill is enacted pursuant to the power stitution (clauses 1 and 18), which grants eign Affairs. granted to Congress under the following pro- Congress the power to provide for the com- By Mr. FILNER: visions of the United States Constitution: mon Defence and general Welfare of the H. Res. 94. A resolution calling for an end Article I, Section 1; Article I, Section 8, United States; and to make all Laws which to the violence, unlawful arrests, torture, Clause 3; and Article I, Section 8, Clause 18. shall be necessary and proper for carrying and ill treatment perpetrated against Ira- By Mr. ENGEL: into Execution the foregoing Powers. nian citizens, as well as the unconditional H.R. 707. By Mr. FILNER: release of all political prisoners in Iran; to Congress has the power to enact this legis- H.R. 717. the Committee on Foreign Affairs. lation pursuant to the following: Congress has the power to enact this legis- Clause 3 of Section 8 of Article 1 of the lation pursuant to the following: f Constitution. The constitutional authority of Congress By Mr. SHUSTER: to enact this legislation is provided by Arti- PRIVATE BILLS AND H.R. 708. cle I, Section 8 of the United States Con- RESOLUTIONS Congress has the power to enact this legis- stitution (clauses 1 and 18), which grants lation pursuant to the following: Congress the power to provide for the com- Under clause 3 of rule XII, private Clause 3, of Section 8, of Article I of the mon Defence and general Welfare of the bills and resolutions of the following Constitution. United States; and to make all Laws which titles were introduced and severally re- By Mr. SIRES: shall be necessary and proper for carrying ferred, as follows: H.R. 709. into Execution the foregoing Powers.

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By Mr. FILNER: Congress has the power to enact this legis- H.R. 332: Mr. BLUMENAUER. H.R. 718. lation pursuant to the following: H.R. 358: Mr. CAMP, Mr. HUNTER, and Mr. Congress has the power to enact this legis- The authority to enact this bill is derived PEARCE. lation pursuant to the following: from, but may not be limited to, Article I, H.R. 371: Mr. CHAFFETZ and Mr. GRIFFIN of The constitutional authority of Congress Section 8, Clause 18, and Article III, Section Arkansas. to enact this legislation is provided by Arti- 1 of the United States Constitution. H.R. 413: Mr. COHEN. cle I, Section 8 of the United States Con- By Mr. STUTZMAN: H.R. 423: Mr. DEUTCH. stitution (clauses 1, 3, 14, and 18), which H.R. 728. H.R. 440: Mrs. ELLMERS, Mr. grant Congress the power to provide for the Congress has the power to enact this legis- FALEOMAVAEGA, and Mr. LOBIONDO. general welfare of the United States; to regulation pursuant to the following: H.R. 456: Mr. JACKSON of Illinois, Mr. HIN- late Commerce among the several States; to This bill is enacted pursuant to the power CHEY, Mr. FILNER, Mr. CARNAHAN, MR. KIL- make rules for the Government; and to make granted to Congress under Article 1, Section DEE, and Mr. MCINTYRE. H.R. 459: Mr. BARLETTA, Ms. GRANGER, Mr. all Laws which shall be necessary and proper 8, Clause 1 of the United States Constitution. MACK, and Mr. THORNBERRY. for carrying into Execution the foregoing Article 1, Section 8, Clause 1 of the United H.R. 502: Mr. CARNAHAN, Mr. POLIS, Mr. Powers. States Constitution bestows upon Congress HONDA, and Mr. MICHAUD. By Mr. FILNER: the authority ‘‘to pay the Debts and provide H.R. 509: Mr. TERRY, Mr. HUELSKAMP, Mr. H.R. 719. for the common Defence and general Welfare Congress has the power to enact this legis- ALTMIRE, Mr. ALEXANDER, and Mr. COFFMAN of the United States.’’ of Colorado. lation pursuant to the following: Congress is within its constitutionally pre- H.R. 517: Mr. DAVIS of Kentucky and Mr. The constitutional authority of Congress scribed role to direct payment of the na- to enact this legislation is provided by Arti- REHBERG. tion’s obligations. The ability to prioritize H.R. 523: Mr. GENE GREEN of Texas. cle I, section 8 of the United States Constitu- existing expenditures is subsumed under the tion (clauses 12, 13, 14, 16, and 18), which H.R. 548: Mr. CALVERT and Mr. GOWDY. authority to pay debts. H.R. 572: Mr. FRANK of Massachusetts. grants Congress the power to raise and sup- By Mr. THOMPSON of California: H.R. 591: Mr. PRICE of North Carolina. port an Army; to provide and maintain a H.R. 729. H.R. 609: Mr. COFFMAN of Colorado, Mr. Navy; to make rules for the government and Congress has the power to enact this legis- YOUNG of Indiana, Mr. CANSECO, and Mr. regulation of the land and naval forces; to lation pursuant to the following: LONG. provide for organizing, arming, and dis- This bill is enacted pursuant to the power H.R. 615: Mr. BOREN. ciplining the militia; and to make all laws granted to Congress under Article I, Section H.R. 620: Mrs. MYRICK, Mr. YOUNG of Flor- necessary and proper to execute these pow- 8, Clause 3 of the United States Constitution. ida, Mr. REICHERT, Mr. WALSH of Illinois, Mr. ers. By Mr. FILNER: ROSS of Florida, Mr. KING of Iowa, Mr. SEN- By Mr. HOLT: H.R. 730. SENBRENNER, and Mr. CONAWAY. H.R. 720. Congress has the power to enact this legis- H.R. 639: Mr. ANDREWS, Mr. HARPER, Mr. Congress has the power to enact this legislation pursuant to the following: LUETKEMEYER, Mr. MCINTYRE, Mr. RANGEL, lation pursuant to the following: Mr. FITZPATRICK, Mr. GERLACH, Mr. JACKSON Article I of the United States Constitution. The constitutional authority of Congress of Illinois, Mr. ROGERS of Michigan, Mr. SAR- By Ms. JENKINS: to enact this legislation is provided by Arti- BANES, Mr. WALZ of Minnesota, and Mr. H.R. 721. cle I, Section 8 of the United States Con- LYNCH. Congress has the power to enact this legis- stitution (clauses 4 and 18), which grants H.R. 651: Mr. CONYERS, Mr. COHEN, Ms. lation pursuant to the following: Congress the power to establish an uniform SCHAKOWSKY, Mr. WELCH, and Mr. JACKSON of Clause 1 of Section 8 of Article I of the Rule of Naturalization and to make all Laws Illinois. United States Constitution and Amendment which shall be necessary and proper for car- H.R. 657: Mr. KINGSTON, Mr. BISHOP of XVI to the United States Constitution. rying into Execution the foregoing Powers. Utah, and Mr. GOSAR. Description: The first is ‘‘The Congress By Mr. FILNER: H.R. 674: Mr. DUNCAN of Tennessee. shall have Power to lay and collect Taxes, H.R. 731. H.R. 675: Mr. SAM JOHNSON of Texas and Duties, Imposts and Excises . . .’’ And; the Congress has the power to enact this legis- Mr. SCHOCK. second grants Congress the power to lay and lation pursuant to the following: The constitutional authority of Congress H.R. 676: Mr. KUCINICH. collect taxes on incomes, from whatever H.R. 683: Mr. RICHMOND. to enact this legislation is provided by Arti- source derived, without apportionment H.R. 688: Mr. CLAY. cle I, Section 8 of the United States Con- among the several States, and without re- H.J. Res. 23: Mr. CHAFFETZ. stitution (clauses 4 and 18), which grants gard to any census or enumeration. H. Res. 15: Mr. GUINTA. By Mr. NADLER: Congress the power to establish an uniform H. Res. 88: Mr. RYAN of Ohio, Ms. H.R. 722. Rule of Naturalization and to make all Laws BORDALLO, Mr. PAYNE, Mr. CAPUANO, Mr. Congress has the power to enact this legis- which shall be necessary and proper for car- ELLISON, Ms. HANABUSA, Mr. GARAMENDI, Mr. lation pursuant to the following: rying into Execution the foregoing Powers. TOWNS, Ms. ESHOO, Mr. FILNER, Ms. ZOE Article I, section 8, clauses 1, 3, and 18. By Mr. GONZALEZ: LOFGREN of California, Mr. MILLER of Flor- By Ms. NORTON: H.R. 732. ida, and Mr. OLVER. H.R. 723. Congress has the power to enact this legis- Congress has the power to enact this legislation pursuant to the following: f lation pursuant to the following: Article 1, Section 8, Clause 3. AMENDMENTS Congress has the power to enact this legis- Article 1, Section 8, Clause 4. lation pursuant to the following: Clause 3 of Under clause 8 of rule XVIII, pro- Section 8 of Article I of the Constitution. f posed amendments were submitted as By Mr. ROTHMAN of New Jersey: ADDITIONAL SPONSORS follows: H.R. 724. Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors H.R. 1 lation pursuant to the following: were added to public bills and resolu- OFFERED BY: MR. WALDEN The constitutional authority on which this tions as follows: AMENDMENT NO. 404: At the end of the bill bill rests is the power of Congress to lay and (before the short title), insert the following: H.R. 3: Mr. NUNES, Mr. JOHNSON of Ohio, collect duties, imposts and excises, to pay SEC. lll. None of the funds made avail- Mr. LABRADOR, and Mr. WEST. the debts and provide for the general welfare able by this Act may be used to implement H.R. 4: Mr. COSTELLO. of the United States; as enumerated in Arti- the Report and Order of the Federal Commu- H.R. 11: Mr. JACKSON of Illinois, Ms. ESHOO, cle I, Section 8. nications Commission relating to the matter and Mr. GARAMENDI. By Mr. RYAN of Ohio: of preserving the open Internet and H.R. 23: Mr. BISHOP of New York and Mr. H.R. 725. broadband industry practices (FCC 10–201, WU. Congress has the power to enact this legis- adopted by the Commission on December 21, H.R. 49: Mr. SCHOCK, Mr. BISHOP of Utah, lation pursuant to the following: 2010). Article One, Section 8 of the U.S. Constitu- Mr. BURTON of Indiana, and Mr. GRIFFITH of H.R. 1 tion: To establish Post Offices and post Virginia. Roads; H.R. 59: Mr. COBLE and Mr. SAM JOHNSON of OFFERED BY: MR. THOMPSON OF By Mr. SCHRADER: Texas. PENNSYLVANIA H.R. 726. H.R. 135: Ms. HIRONO. AMENDMENT NO. 405: At the end of øthe bill Congress has the power to enact this legis- H.R. 136: Mr. MURPHY of Connecticut. (before the short title)¿ øtitle ll of division lation pursuant to the following: H.R. 217: Mr. WILSON of South Carolina. ll¿, insert the following: This bill is enacted pursuant to the power H.R. 302: Mr. SAM JOHNSON of Texas. SEC. ll. Section 3136(c)(1) of the Patient granted to Congress under Article I, Section H.R. 303: Ms. NORTON. Protection and Affordable Care Act (42 8, Clause 3 of the United States Constitution. H.R. 308: Mr. PRICE of North Carolina, Ms. U.S.C. 1395m note) is amended (1) by striking By Mr. SENSENBRENNER: FUDGE, Mr. STARK, and Mr. GARAMENDI. ‘‘2011’’ and inserting ‘‘2012’’; and (2) by insert- H.R. 727. H.R. 330: Ms. FUDGE. ing ‘‘, provided that payments otherwise

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made for such standard power wheelchairs (7) ‘‘Department of Health and Human SEC. ll. None of the funds made available furnished in 2011 are subject to a 1 percent Services, Health Resources and Services Ad- by this Act may be used in Department of reduction in the covered item update other- ministration’’. Defense overseas contingency operations wise made under Section 1834(a)(14) of the (8) ‘‘Department of Housing and Urban De- budget for military operations in Afghani- Social Security Act (42 U.S.C. 1395m(a)(14)’’ velopment, Economic Development Initia- stan until the President to seeks to nego- after ‘‘such date’’. tive’’. tiate and enter into a bilateral status of H.R. 1 (9) ‘‘Department of Justice, Office of Jus- forces agreement with the Government of OFFERED BY: MR. WELCH tice Programs’’. the Islamic Republic of Afghanistan. Amendment No. 406: Page 273, line 14, in- (10) ‘‘Environmental Protection Agency, H.R. 1 sert before the period at the end the fol- State and Tribal Assistance Grants, Water OFFERED BY: MR. BISHOP OF NEW YORK and Wastewater’’. lowing: AMENDMENT NO. 414: At the end of the bill (11) ‘‘Department of Transportation, Fed- Provided further, That, of the funds made (before the short title), insert the following: eral Highway Administration, Transpor- available by this section, $15,000,000 is for SEC. ll. None of the funds made available tation Community and System Preserva- small and rural community technical and by division B of this Act may be used for the tion’’. compliance assistance authorized under sec- National Bio and Agro-Defense Facility in (12) ‘‘Department of the Treasury, Commu- tion 1442(e) of the Safe Drinking Water Act Manhattan, Kansas. nity Development Financial Institutions’’. (42 U.S.C. 300j–1(e)). In providing such assist- H.R. 1 (b) For purposes of this section, the term ance, the Administrator of the Environ- ‘‘persistent poverty counties’’ means any OFFERED BY: MS. EDWARDS mental Protection Agency shall give pref- AMENDMENT NO. 415: Page 275, line 19, after erence to nonprofit organizations that, as de- county that has had 20 percent or more of its population living in poverty over the past 30 the dollar amount, insert ‘‘(reduced by termined by the Administrator, are most $200,000,000)’’. qualified, experienced, effective, and sup- years, as measured by the 1990, 2000, and 2010 decennial censuses. Page 274, line 16, after the dollar amount, ported by small community water systems in insert ‘‘(increased by $2,816,446,000)’’. the States. (c) Not later than six months after the date of the enactment of this Act, each de- H.R. 1 H.R. 1 partment or agency listed in subsection (a) OFFERED BY: MR. PALLONE OFFERED BY: MR. HALL shall submit to Congress a progress report on AMENDMENT NO. 416: Page 305, line 15, after AMENDMENT NO. 407: Page 273, after line 3, the implementation of this section. the dollar amount, insert ‘‘(reduced by insert the following new section: H.R. 1 $639,463,000)’’. SEC. 1738. The Environmental Protection OFFERED BY: MR. PRICE OF GEORGIA At the end of the division A, insert the fol- Agency is directed to enter into a contract, lowing: within 60 days after the date of enactment of AMENDMENT NO. 409: At the end of the bill SEC. ll. Each amount made available by this Act, with the National Academy of (before the short title), insert the following: this division (other than an amount required Sciences to perform a comprehensive review SEC. ll. None of the funds made available to be made available by a provision of law) is of non-mercury hazardous air pollutants by division B may be used by the Depart- hereby reduced, on a pro rata basis, so that emitted by electric generating units and in- ment of Health and Human Services to im- the total of the reduction in amounts under dustrial boilers, and related health and eco- plement or enforce section 2718 of the Public this division resulting from the operation of nomic data (including impacts on job cre- Health Service Act, as added by section this section equals $639,463,000. ation and energy price, supply, and reli- 1001(5) and replaced by section 10101(f) of the H.R. 1 ability) associated with potential regulation Patient Protection and Affordable Care Act of such non-mercury hazardous air pollut- (Public Law 111–148). OFFERED BY: MR. ISSA ants. The National Academy of Sciences H.R. 1 AMENDMENT NO. 417: At the end of the bill shall prepare recommendations on appro- (before the short title), insert the following: OFFERED BY: MR. PRICE OF GEORGIA priate regulatory standards for addressing SEC. ll. None of the funds made available non-mercury hazardous air pollutants and AMENDMENT NO. 410: Page 303, line 19, after by this Act may be used by the National In- shall establish appropriate health-based ex- the dollar amount insert ‘‘(reduced by stitutes of Health to study the impact of in- posure standards for such emissions. Upon $233,400,000)’’. tegral yoga on hot flashes in menopausal completion of the study, the National Acad- Page 359, line 15, after the dollar amount women. emy of Sciences shall report findings and insert ‘‘(increased by $233,400,000)’’. H.R. 1 recommendations to the Environmental Pro- H.R. 1 OFFERED BY: MR. ISSA tection Agency and the Congress within 24 OFFERED BY: MR. PRICE OF GEORGIA AMENDMENT NO. 418: At the end of the bill months of entering into the contract. The AMENDMENT NO. 411: At the end of the bill (before the short title), insert the following: Environmental Protection Agency is dis- (before the short title), insert the following: SEC. ll. None of the funds made available couraged from issuing any regulatory deter- SEC. ll. (a) IN GENERAL.—Notwith- by this Act may be used by the National In- mination for non-mercury hazardous air pol- standing any other provision of law, of all stitutes of Health to examine the potential lutants, including a maximum achievable available unobligated funds, $45,000,000,000 in impact of a soda tax on population health. control technology standard for non-mercury appropriated discretionary funds is re- H.R. 1 hazardous air pollutants from electric gener- scinded. OFFERED BY: MR. ISSA ating units and industrial boilers, until the (b) IMPLEMENTATION.—The Director of the AMENDMENT NO. 419: At the end of the bill Environmental Protection Agency fully re- Office of Management and Budget shall de- (before the short title), insert the following: views the results and recommendations of termine and identify from which appropria- SEC. ll. None of the funds made available such study. tion accounts the rescission under section (a) by this Act may be used by the National In- H.R. 1 shall apply and the amount of such rescis- stitutes of Health to research the use of OFFERED BY: MR. CLYBURN sion that shall apply to each such account. marijuana in conjunction with opioid medi- AMENDMENT NO. 408: At the end of the bill Not later than 60 days after the date of the cations, such as morphine. (before the short title), insert the following: enactment of this Act, the Director of the H.R. 1 Office of Management and Budget shall sub- SEC. ll. (a) Of the funds made available OFFERED BY: MR. ISSA mit a report to the Secretary of the Treas- by this Act for each of the following ac- AMENDMENT NO. 420: At the end of the bill counts or activities, 10 percent shall be allo- ury and Congress of the accounts and amounts determined and identified for re- (before the short title), insert the following: cated for assistance in persistent poverty SEC. ll. None of the funds made available scission under the preceding sentence. counties: by this Act may be used by the Department (c) EXCEPTION.—This subsection shall not (1) ‘‘Department of Agriculture, Rural De- of Health and Human Services to study apply to the unobligated funds of the Depart- velopment Programs’’. condom use skills in adult males. ment of Defense, the Department of Veterans (2) ‘‘Department of Commerce, Economic H.R. 1 Development Administration, Economic De- Affairs, or the Social Security Administra- OFFERED BY: MR. ISSA velopment Assistance Programs’’. tion. (3) ‘‘Department of Commerce, National H.R. 1 AMENDMENT NO. 421: At the end of the bill (before the short title), insert the following: Institute of Standards and Technology, Con- OFFERED BY: MR. PRICE OF GEORGIA SEC. ll. None of the funds made available struction’’. AMENDMENT NO. 412: Page 228, line 12, by this Act may be used by the Department (4) ‘‘Department of Education, Fund for strike ‘‘$80,000,000’’ and insert ‘‘$0’’. of Health and Human Services to study the the Improvement of Education’’. Page 228, line 18, strike ‘‘$80,000,000’’ and concurrent and separate use of malt liquor (5) ‘‘Department of Education, Fund for insert ‘‘$0’’. and marijuana among young adults. the Improvement of Postsecondary Edu- H.R. 1 cation’’. H.R. 1 (6) ‘‘Department of Labor, Employment OFFERED BY: MS. WOOLSEY OFFERED BY: MR. ISSA and Training Administration, Training and AMENDMENT NO. 413: At the end of the bill AMENDMENT NO. 422: At the end of the bill Employment Services’’. (before the short title), insert the following: (before the short title), insert the following:

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SEC. ll. None of the funds made available otherwise, essential benefits under section H.R. 1 by this Act may be used by the National 1302 of the Patient Protection and Affordable OFFERED BY: MR. DOYLE Science Foundation to study whether video Care Act (42 U.S.C. 18022). AMENDMENT NO. 439: At the end of the bill games improve mental health for the elder- H.R. 1 (before the short title), insert the following: ly. OFFERED BY: MR. FORTENBERRY SEC. ll. The policy regarding public ac- H.R. 1 AMENDMENT NO. 431: Page 199, line 6, after cess to research results established for the OFFERED BY: MRS. BLACKBURN the dollar amount, insert ‘‘(reduced by National Institutes of Health by section 217 AMENDMENT NO. 423: At the end of the bill $44,000,000)’’. of division F of Public Law 111–17 shall apply (before the short title), insert the following: Page 359, line 5, after the dollar amount, to all Departments funded in this Act having SEC. ll. Each amount made available by insert ‘‘(increased by $44,000,000)’’. more than $100,000,000 in annual expenditures this Act (except for amounts made available H.R. 1 for extramural research. Except with respect by division A and titles VI and X of division OFFERED BY: MR. MCCLINTOCK to the National Institutes of Health, the Sec- B) is hereby reduced by 5 percent. retaries of the Departments affected may AMENDMENT NO. 432: Page 215, lines 8 and 9, designate other suitable online depositories H.R. 1 strike ‘‘(other than nuclear power facilities to be used in lieu of the National Library of OFFERED BY: MR. FORTENBERRY and front-end nuclear facilities)’’. Medicine’s PubMed Central. AMENDMENT NO. 424: At the end of the bill Page 215, line 13, after the dollar amount H.R. 1 (before the short title), insert the following insert ‘‘(increased by $22,000,000,000)’’. new section: H.R. 1 OFFERED BY: MR. MICA SEC. ll. None of the funds made available OFFERED BY: MR. MCCLINTOCK AMENDMENT NO. 440: At the end of the bill by this Act may be used to provide any of AMENDMENT NO. 433: Page 217, line 13, after (before the short title), insert the following: the following types of assistance to Chad: the dollar amount, insert ‘‘(reduced by SEC. ll. None of the funds made available international military education and train- $586,600,000)’’. by this Act may be used for any recruiting or ing (IMET), foreign military financing Page 359, line 8, after the dollar amount, hiring of personnel into the Transportation (FMF), provision of excess defense articles, insert ‘‘(increased by $586,600,000)’’. Security Administration that would cause foreign military forces capacity assistance H.R. 1 the agency to exceed a staffing level of two- (section 1206 of the National Defense Author- thirds of the current staff at headquarters OFFERED BY: MR. HOLT ization Act for Fiscal Year 2006), and direct and one-half of the current staff, not includ- commercial sales of military equipment. AMENDMENT NO. 434: Page 227, line 9, after ing screeners, at regional offices. the dollar amount, insert ‘‘(reduced by H.R. 1 $30,000,000)’’. H.R. 1 OFFERED BY: MR. HASTINGS OF FLORIDA H.R. 1 OFFERED BY: MR. DENHAM AMENDMENT NO. 425: Page 171, line 21, after OFFERED BY: MR. HOLT AMENDMENT NO. 441: Page 239, line 16, after the dollar amount, insert ‘‘(reduced by the first dollar amount, insert ‘‘(reduced by $750,000)(increased by $750,000)’’. AMENDMENT NO. 435: Page 228, beginning on line 10, strike section 1517. $20,000,000)’’. H.R. 1 H.R. 1 H.R. 1 OFFERED BY: MR. HASTINGS OF FLORIDA OFFERED BY: MR. BLUMENAUER OFFERED BY: MR. DENHAM AMENDMENT NO. 426: Page 173, line 14, after AMENDMENT NO. 436: Page 303, strike lines AMENDMENT NO. 442: At the end of the bill the dollar amount, insert ‘‘(reduced by 3 through 9 and insert the following: (before the short title) insert the following $750,000)(increased by $750,000)’’. (b) For payment to the Corporation for new section: H.R. 1 Public Broadcasting (‘‘Corporation’’), as au- SEC. 4002. None of the funds made available OFFERED BY: MR. POLIS thorized by the Communications Act of 1934, by this Act may be used for high-speed rail AMENDMENT NO. 427: At the end of the bill an amount which shall be available within in the State of California, for the California (before the short title), insert the following: limitations specified by that Act, for the fis- High Speed Rail Authority, or for projects SEC. ll. None of the funds made available cal year 2013, $460,000,000: Provided, That none designed to further high speed rail in the by this Act may be used for— of the funds made available to the Corpora- State of California. (1) the investigation or criminal prosecution by this Act shall be used to pay for re- H.R. 1 ceptions, parties, or similar forms of enter- tion under any State or local law of any per- OFFERED BY: MR. REICHERT son for the manufacture, distribution, dis- tainment for Government officials or em- AMENDMENT NO. 443: Page 199, line 6, after pensation, or possession of marijuana; or ployees: Provided further, That none of the the dollar amount, insert ‘‘(reduced by (2) the enforcement of any Federal law pro- funds made available to the Corporation by $150,000,000)’’. hibiting the manufacture, distribution, dis- this Act shall be available or used to aid or Page 203, line 23, after the dollar amount, pensation, or possession of marijuana in ju- support any program or activity from which insert ‘‘(increased by $150,000,000)’’. risdictions where such activity is not prohib- any person is excluded, or is denied benefits, Page 204, line 8, after the first dollar ited under State or local law. or is discriminated against, on the basis of amount, insert ‘‘(increased by $150,000,000)’’. H.R. 1 race, color, national origin, religion, or sex: Provided further, That none of the funds made H.R. 1 OFFERED BY: MR. POLIS available to the Corporation by this Act OFFERED BY: MR. REICHERT AMENDMENT NO. 428: Page 246, line 13, after shall be used to apply any political test or AMENDMENT NO. 444: Page 199, line 6, after the dollar amount, insert ‘‘(reduced by qualification in selecting, appointing, pro- the dollar amount, insert ‘‘(reduced by $200,000,000)’’. moting, or taking any other personnel action $298,000,000)’’. Page 246, beginning on line 13, strike the with respect to officers, agents, and employ- Page 203, line 23, after the dollar amount, colon and all that follows through ‘‘2011.’’ ees of the Corporation: Provided further, That insert ‘‘(increased by $298,000,000)’’. and insert a period. none of the funds made available to the Cor- Page 204, line 8, after the first dollar H.R. 1 poration by this Act shall be used to support amount, insert ‘‘(increased by $298,000,000)’’. OFFERED BY: MR. STEARNS the Television Future Fund or any similar purpose. H.R. 1 AMENDMENT NO. 429: At the end of the bill (c) For taxable years beginning after the OFFERED BY: MR. KINZINGER OF ILLINOIS (before the short title), insert the following: date of the enactment of this Act, the allow- SEC. . None of the funds made available AMENDMENT NO. 445: At the end of the bill ll ance under section 611 of the Internal Rev- by this Act may be used for the payment of (before the short title), insert the following: enue Code of 1986 with respect to an oil or attorney’s fees or other legal expenses of any SEC. ll. No funds made available in this gas well shall be calculated without regard former senior executive officer of the Fed- Act may be used to participate in any law- to subsection (c) or (d) of section 613A of eral National Mortgage Corporation or Fed- suit that seeks to invalidate those provisions such Code. eral Home Loan Mortgage Corporation. of the Arizona Revised Statutes amended by H.R. 1 H.R. 1 Arizona Senate Bill 1070, 49th Leg., 2nd Reg. OFFERED BY: MR. WOODALL Sess., Ch. 113 (Az. 6 2010) (as amended by Ari- OFFERED BY: MR. PITTS AMENDMENT NO. 437: Page 195, line 6, strike zona House Bill 2162, 49th 7 Leg., 2nd Reg. AMENDMENT NO. 430: At the end of the bill ‘‘in excess of $112,000,000.’’ Sess., Ch. 211 (Az. 2010)). (before the short title), insert the following: H.R. 1 H.R. 1 SEC. lll. None of the funds made available by this Act may be used to pay the sal- OFFERED BY: MR. WOODALL OFFERED BY: MR. HOLT ary of any officer or employee of the Depart- AMENDMENT NO. 438: Page 195, line 6, strike AMENDMENT NO. 446: Page 131, line 24, after ment of Health and Human Services, the De- ‘‘in excess of $112,000,000’’ and insert ‘‘other the dollar amount, insert ‘‘(reduced by partment of Labor, or the Department of the than amounts contracturally obligated by $1,500,000,000)’’. Treasury who takes any action to specify or the United States prior to enactment of this Page 359, line 6, after the dollar amount, define, through regulations, guidelines, or section.’’ insert ‘‘(increased by $1,500,000,000)’’.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00130 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H927 H.R. 1 H.R. 1 dated February 10, 2011, are hereby rescinded OFFERED BY: MR. HOLT OFFERED BY: MR. MACK and any such transfers so rescinded are restored to the fund from which the transfer AMENDMENT NO. 447: Page 198, line 3, after AMENDMENT NO. 456: Page 281, line 21, originated. Insofar as such appropriation or strike ‘‘$145,000,000’’ and insert ‘‘$0’’. the dollar amount, insert ‘‘(reduced by transfer relates only to an increase in the $309,500,000)’’. H.R. 1 amount of such an appropriation or transfer, Page 203, line 23, after the dollar amount, OFFERED BY: MR. FLAKE the previous sentence shall only apply to the insert ‘‘(increased by $309,500,000)’’. amount of such increase. Page 204, line 8, after the first dollar AMENDMENT NO. 457: Page 293, line 25, in- H.R. 1 amount, insert ‘‘(increased by $309,500,000)’’. sert ‘‘(reduced by $100,000,000)’’ after the dollar amount. OFFERED BY: MR. FILNER H.R. 1 Page 294, line 1, insert ‘‘(reduced by AMENDMENT NO. 464: At the end of the bill OFFERED BY: MR. HOLT $100,000,000)’’ after the dollar amount. (before the short title), insert the following: AMENDMENT NO. 448: At the end of the bill Page 359, line 15, insert ‘‘(increased by SEC. ll. The amounts otherwise provided (before the short title), insert the following: $100,000,000)’’ before the period at the end. by this Act are revised by reducing the SEC. ll. None of the funds made available H.R. 1 amount made available for ‘‘Department of by this Act may be used by the Transpor- Housing and Urban Development, Adminis- OFFERED BY: MR. FRANK OF MASSACHUSETTS tation Security Administration for the ac- tration, Operations and Management’’, in- quisition or deployment of backscatter x-ray AMENDMENT NO. 458: At the end of the bill creasing the amount made available for ‘‘De- full body scanner technology. (before the short title), insert the following partment of Housing and Urban Develop- new section: H.R. 1 ment, Public and Indian Housing, Tenant- SEC. ll. The amounts otherwise provided Based Rental Assistance’’, and increasing OFFERED BY: MR. HOLT by this Act are revised by reducing the the amount made available for activities AMENDMENT NO. 449: Page 268, line 12, after amount made available for the ‘‘Department specified in paragraph (6) under the heading the dollar amount, insert ‘‘(increased by of the Treasury, Internal Revenue Service, ‘‘Department of Housing and Urban Develop- $40,000,000)’’ and strike on line 14 ‘‘by sub- Enforcement’’, by reducing the amount made ment, Public and Indian Housing, Tenant- stituting ‘‘$0’’ for ‘‘$40,000,000’’;’’. available for the ‘‘Department of the Treas- Based Rental Assistance’’ of division A of Page 270, line 24, after the dollar amount, ury, Internal Revenue Service, Operations Public Law 111-117, by $40,000,000. insert ‘‘(reduced by $40,000,000)’’. Support’’, by reducing the amount made H.R. 1 available for the ‘‘General Services Adminis- H.R. 1 OFFERED BY: MR. POE OF TEXAS tration, Real Property Activities, Federal AMENDMENT NO. 465: At the end of the bill OFFERED BY: MR. MACK Building Fund’’, by reducing the amount (before the short title), insert the following: AMENDMENT NO. 450: At the end of the bill made available for the ‘‘General Services Ad- EC. 4002. None of the funds made available (before the short title), insert the following: S ministration, General Activities, Govern- by this Act may be appropriated to any SEC. ll. None of the funds made available ment-Wide Policy’’, and by increasing the agency for the implementation, enforce- by this Act may be used to carry out the pro- amount made available for the ‘‘Independent ment, or administration of section 1501 of grams under the National Community Serv- Agencies, Securities and Exchange Commis- the Patient Protection and Affordable Care ice Act of 1990 (42 U.S.C. 12501 et seq.) or part sion, Salaries and Expenses’’, by $77,000,000, Act, and the amendments made by such sec- A of title I of the Domestic Volunteer Serv- $46,000,000, $7,000,000, $1,000,000, and tion, as amended. ice Act (42 U.S.C. 4952 et seq.). $131,000,000, respectively. H.R. 1 H.R. 1 H.R. 1 OFFERED BY: MR. POE OF TEXAS OFFERED BY: MR. MACK OFFERED BY: MR. HOLT AMENDMENT NO. 466: At the end of the bill AMENDMENT NO. 451: At the end of the bill AMENDMENT NO. 459: Page 218, line 5, after (before the short title), insert the following: (before the short title), insert the following: the dollar amount insert ‘‘(reduced by SEC. ll. (a) None of the funds made avail- SEC. ll. None of the funds made available $700,000) (increased by $700,000)’’. able by this Act may be used by the Environ- by this Act may be used to carry out the H.R. 1 mental Protection Agency to implement, ad- American Community Survey. minister, or enforce any statutory or regu- OFFERED BY: MR. HOLT H.R. 1 latory requirement pertaining to emissions AMENDMENT NO. 460: Page 276, beginning on of carbon dioxide, methane, nitrous oxide, OFFERED BY: MR. MACK line 4, strike section 1746. sulfur hexafluoride, hydrofluorocarbons, or AMENDMENT NO. 452: At the end of the bill H.R. 1 perfluorocarbons from stationary sources (before the short title), add the following: that is issued or becomes applicable or effec- OFFERED BY: MR. HOLT SEC. ll. None of the funds made available tive after January 1, 2011. by this Act may be used to administer the AMENDMENT NO. 461: At the end of the bill (b) In this section, the term ‘‘stationary wage-rate requirements of subchapter IV of (before the short title), insert the following: source’’ has the meaning given such term in chapter 31 of title 40, United States Code, SEC. 4002. There is hereby enacted into law section 111(a)(3) of the Clean Air Act (42 with respect to any project or program fund- H.R. 131 of the 112 Congress, as introduced in U.S.C. 7411(a)(3)). ed by this Act. the House of Representatives on January 5, H.R. 1 2010 and H.R. 132 of the 112 Congress, as in- H.R. 1 OFFERED BY: MR. GOODLATTE troduced in the House of Representatives on AMENDMENT NO. 467: At the end of the bill OFFERED BY: MR. MACK January 5, 2010 and H.R. 133 of the 112 Con- (before the short title), insert the following: AMENDMENT NO. 453: At the end of the bill gress, as introduced in the House of Rep- SEC. ll. None of the funds made available (before the short title) insert the following resentatives on January 5, 2010 and H.R. 134 by this Act may be used to develop, promul- new section: of the 112 Congress, as introduced in the gate, evaluate, implement, provide oversight SEC. 4002. None of the funds made available House of Representatives on January 5, 2010 to, or backstop total maximum daily loads by this Act may be used for the National and H.R. 135 of the 112 Congress, as intro- or watershed implementation plans for the Railroad Passenger Corporation. duced in the House of Representatives on Chesapeake Bay Watershed. January 5, 2010. H.R. 1 H.R. 1 H.R. 1 OFFERED BY: MR. MACK OFFERED BY MR. GOODLATTE AMENDMENT NO. 454: At the end of the bill OFFERED BY: MR. PEARCE AMENDMENT NO. 468: At the end of the bill (before the short title), insert the following: AMENDMENT NO. 462: At the end of the bill (before the short title), insert the following: SEC. ll. None of the funds made available (before the short title), insert the following: SEC. ll. None of the funds made available by this Act may be used to carry out the Ele- SEC. ll. None of the funds made available by this Act may be used to subsidize wireless mentary and Secondary Education Act of by this Act may be used for a program for service under the Low Income Fund program 1965 (20 U.S.C. 6301 et seq.). which the authorization expired more than 5 of the Universal Service Fund. H.R. 1 years prior to the date of enactment of this H.R. 1 Act. OFFERED BY: MR. MACK OFFERED BY: MR. GOODLATTE H.R. 1 AMENDMENT NO. 455: At the end of the bill AMENDMENT NO. 469: At the end of the bill (before the short title), insert the following: OFFERED BY: MR. PEARCE (before the short title), insert the following: SEC. ll. None of the funds made available SEC. ll. None of the funds made available AMENDMENT NO. 463: At the end of the bill by this Act may be used to implement or en- (before the short title), insert the following: by this Act may be used for construction of the Richard H. Poff Federal Building in Roa- force the Report and Order of the Federal SEC. ll. The unobligated balances of ap- noke, Virginia. Communications Commission relating to the propriations (and transfers of funds) listed in matter of preserving the open Internet and Table 2 of the Congressional Research Serv- H.R. 1 broadband industry practices (FCC 10–201, ice report (R41301) entitled ‘‘Appropriations OFFERED BY: MR. GOODLATTE adopted by the Commission on December 21, and Fund Transfers in the Patient Protec- AMENDMENT NO. 470: At the end of the bill 2010). tion and Affordable Care Act (PPACA)’’ and (before the short title), insert the following:

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SEC. ll. None of the funds made available (a) IN GENERAL.—Paragraph (3) of section H.R. 1 by this Act may be used to carry out title 469(c) of the Internal Revenue Code of 1986 is OFFERED BY: MS. BORDALLO XX of the Public Health Service Act (42 amended by adding at the end the following: AMENDMENT NO. 487: Page 264, line 23, after U.S.C. 300z et seq.; relating to adolescent ‘‘(C) EXCEPTION FOR TAXPAYER WHO IS NOT the dollar amount insert ‘‘(reduced by family life demonstration projects). SMALL, INDEPENDENT OIL AND GAS COMPANY— $6,679,000)’’. H.R. 1 ‘‘(i) IN GENERAL.—Subparagraph (A) shall Page 271, line 6, after the dollar amount in- not apply to any taxpayer which is not a OFFERED BY: MR. GOODLATTE sert ‘‘(increased by $6,679,000)’’. small, independent oil and gas company for H.R. 1 AMENDMENT NO. 471: At the end of the bill, the taxable year. OFFERED BY: MS. BORDALLO before the short title, insert the following: ‘‘(ii) AGGREGATION RULE.—For purposes of LIMITATION ON FUNDS FOR NON-FEDERAL clause (i), all persons treated as a single em- AMENDMENT NO. 488: Page 346, line16, strike MUSEUMS ployer under subsections (a) and (b) of sec- ‘‘and’’. Page 346, line 18, before the period, insert tion 52 shall be treated as 1 person.’’. SEC. 4002. None of the funds appropriated, ‘‘; and of which $24,000,000 shall be for the (b) The funds dedicated in this Act to the or otherwise made available, by this Act ground-based augmentation system of the Head Start program shall be supplemented may be used to fund non-Federal museums. NextGen air traffic control system’’. H.R. 1 by an amount equal to the total revenues lost by the general treasury in fiscal year H.R. 1 OFFERED BY: MS. JACKSON LEE OF TEXAS 2010 as a result of tax incentives issued under OFFERED BY: MR. WEINER AMENDMENT NO. 472: Page 198, lines 4 paragraph (3) of section 469(c) of the Internal AMENDMENT NO. 489: Page 203, line 23, after through 7, strike section 1312 which states Revenue Code of 1986 to entities that meet the dollar amount, insert ‘‘(increased by ‘‘SEC. 1312. Notwithstanding section 1101, the the exception requirements of subsection (a) $501,500,000)’’. level for ‘‘Department of Justice, Legal Ac- of this section. Page 204, line 4, after the first dollar tivities, Salaries and Expenses, General H.R. 1 amount, insert ‘‘(increased by $25,385,000)’’. Legal Activities’’ shall be $865,097,000.’’ Page 204, line 5, after the first dollar OFFERED BY: MR. SHULER H.R. 1 amount, insert ‘‘(increased by $25,385,000)’’. AMENDMENT NO. 480: Add at the end of title Page 204, line 6, after the first dollar OFFERED BY: MS. JACKSON LEE OF TEXAS VII the following new section: amount, insert ‘‘(increased by $168,723,000)’’. AMENDMENT NO. 473: Page 208, at lines 11 SEC. ll (a) IN GENERAL.—None of the Page 204, line 7, after the first dollar through 15 of Section 1340 shall be amended funds appropriated in this Act may be used amount, insert ‘‘(increased by $168,723,000)’’. to read ‘‘the Legal Services Corporation’’ in for re-contouring of roads, construction of Page 204, line 8, after the first dollar division B of Public Law 111–117 in the man- earthen berms or ‘‘tank traps’’ to block amount, insert ‘‘(increased by $298,000,000)’’. Page 206, line 10, after the dollar amount, ner authorized in Public Law 111–117 for fis- roads, or for the decommissioning of any insert ‘‘(reduced by $501,500,000)’’. cal year 2010, except that for fiscal year 2011 roads within the Roy Taylor area of the the amounts specified in division B of Public Nantahala National Forest in North Caro- H.R. 1 Law 111–117 shall be—(1) ‘‘$420,000,000’’; and lina. OFFERED BY: MS. CHU (2) ‘‘394,400,000’’. H.R. 1 AMENDMENT NO. 490: Page 301, line 16, H.R. 1 strike ‘‘$4,015’’ and insert ‘‘$4,860’’. OFFERED BY: MR. FRANKS OF ARIZONA OFFERED BY: MS. JACKSON LEE OF TEXAS H.R. 1 AMENDMENT NO. 481: Page 334, line 23, in- OFFERED BY: MS. WOOLSEY AMENDMENT NO. 474: Page 208, lines 21 sert before the colon the following: ‘‘and through 24, strike section 1342 which rescinds that the new Government of Egypt fulfills AMENDMENT NO. 491: At the end of the bill $1,740,000,000 of the funds made available for its commitment to the Egypt-Israel Peace (before the short title), insert the following: ‘‘Department of Commerce, Bureau of the Treaty signed on March 26, 1979, and to free- SEC. ll. None of the funds made available Census, Periodic Censuses and Programs’’. dom of navigation of the Suez Canal’’. by this Act to the Food and Drug Adminis- H.R. 1 tration may be used to approve any applica- H.R. 1 tion submitted under section 512 of the Fed- OFFERED BY: MS. JACKSON LEE OF TEXAS OFFERED BY: MR. HELLER eral Food, Drug, and Cosmetic Act (21 U.S.C. AMENDMENT NO. 475: Page 245, lines 1 AMENDMENT NO. 482: At the end of the bill 360b) for approval of genetically engineered through 3, strike section 1605 which reduces (before the short title), insert the following: salmon (or any product derived from geneti- the level of funding for ‘‘Department of SEC. . None of the funds made available cally engineered salmon) intended for human Homeland Security, Office of the Federal Co- ll by this Act may be used to designate monu- consumption. ordinator for Gulf Coast Rebuilding’’ to $0. ments under the Act of June 8, 1906, (com- H.R. 1 H.R. 1 monly known as the ‘‘Antiquities Act of OFFERED BY: MR. HOLT OFFERED BY: MS. JACKSON LEE OF TEXAS 1906’’; 16 U.S.C. 431, et seq.). AMENDMENT NO. 492: Page 217, line 13, after AMENDMENT NO. 476: Page 262, lines 22 H.R. 1 the dollar amount insert ‘‘(reduced by through 24 and page 263, lines 1 through 4, OFFERED BY: MR. FORTENBERRY $133,625,000)’’. strike Section 1649 which rescinds $106,556,000 Page 218, line 5, after the dollar amount in- of unobligated balances available for ‘‘De- AMENDMENT NO. 483: At the end of the bill sert ‘‘(increased by $445,625,000)’’. partment of Homeland Security, U.S. Cus- (before the short title), insert the following: Page 218, line 21, after the dollar amount toms and Border Protection, Construction’’ SEC. ll. None of the funds made available insert ‘‘(reduced by $312,000,000)’’. for construction projects. by this Act may be used for or in steriliza- H.R. 1 tion campaigns. H.R. 1 OFFERED BY: MR. HOLT H.R. 1 OFFERED BY: MR. BARLETTA AMENDMENT NO. 493: Page 218, lines 5 OFFERED BY: MR. CARDOZA AMENDMENT NO. 477: At the end of the bill through 10, strike ‘‘: Provided,’’ and all that (before the short title), insert the following: AMENDMENT NO. 484: At the end of the bill follows through ‘‘et seq.)’’. SEC. ll. The amounts otherwise provided (before the short title), insert the following: H.R. 1 by this Act are revised by reducing the SEC. ll. None of the funds made available OFFERED BY: MR. HOLT in this Act may be used to pay the travel ex- amount made available for ‘‘Related Pro- AMENDMENT NO. 494: Page 268, line 12, after grams, United States Institute of Peace’’, penses of the Secretary of the Treasury. the dollar amount, insert ‘‘(increased by and increasing the amount made available H.R. 1 $40,000,000)’’. for ‘‘Department of Health and Human Serv- OFFERED BY: MR. BURTON Page 268, line 15, after the first dollar ices, Administration for Children and Fami- amount, insert ‘‘(increased by $40,000,000)’’. lies, Low Income Home Energy Assistance’’, AMENDMENT NO. 485: At the end of the bill Page 270, line 24, after the dollar amount, by $42,676,000. (before the short title), insert the following: insert ‘‘(reduced by $40,000,000)’’. SEC. ll. None of the funds made available H.R. 1 by this Act may be used for the gathers and H.R. 1 OFFERED BY: MR. BARLETTA removals of free-roaming wild horses and OFFERED BY: MR. HALL AMENDMENT NO. 478: Page 215, line 19, after burros, except for the purpose of fertility AMENDMENT NO. 495: At the end of the bill the dollar amount, insert ‘‘(increased by control. (before the short title) insert the following $1,000,000)’’. H.R. 1 new section: Page 220, line 21, after the dollar amount, Sec. 4002. None of the funds made available OFFERED BY: MS. BORDALLO insert ‘‘(reduced by $1,000,000)’’. by this Act may be used to implement, es- AMENDMENT NO. 486: Page 198, line 7, after tablish, or create a NOAA Climate Service H.R. 1 the dollar amount insert ‘‘(reduced by (NCS) as described in the ‘‘Draft NOAA Cli- OFFERED BY: MR. SHULER $29,000,000)’’. mate Service Strategic Vision and Frame- AMENDMENT NO. 479: Add at the end of title Page 201, line 12, after the dollar amount work’’ published at 75 Fed. Reg. 57739 (Sep- V the following section: insert ‘‘(increased by $29,000,000)’’. tember 22, 2010) and updated on 12/20/2010.

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H.R. 1 (b) OFFSET.—The amount appropriated by agreements or contracts with facilities de- OFFERED BY: MR. MATHESON subsection (a) shall be offset by reductions in fined in 7 U.S.C. § 2132(e) if those agreements future appropriations for the executive or contracts allow or encourage the breeding AMENDMENT NO. 496: At the end of the bill branch generally, not merely the Depart- of chimpanzees. (before the short title), insert the following: ment of Defense, and the Chairman of the SEC. ll. The total amount of appropria- H.R. 1 Committee on the Budget of the House of tions made available by this Act (other than OFFERED BY: MR. CONNOLLY OF VIRGINIA Representatives shall provide the necessary for the Departments of Defense and Home- AMENDMENT NO. 509: Page 175, line 5, after adjustments in allocations, aggregates, and land Security) is hereby reduced by the dollar amount, strike ‘‘1,975,000,000’’ and other appropriate levels in the concurrent $600,000,000. insert ‘‘1,775,000,000.’’ resolution on the budget for fiscal year 2012 Page 347, strike lines 8 through 10. H.R. 1 and such subsequent fiscal years as may be H.R. 1 OFFERED BY: MR. MATHESON necessary to achieve such reductions. OFFERED BY: MS. NORTON AMENDMENT NO. 497: At the end of the bill H.R. 1 AMENDMENT NO. 510: Page 243, add after (before the short title), insert the following: OFFERED BY: MR. LAMBORN line 24 the following: SEC. ll. The total amount of appropria- AMENDMENT NO. 504: At the end of the bill SEC. . Notwithstanding section 602(c)(1) tions made available by this act (other than ll (before the short title), insert the following of the District of Columbia Home Rule Act for Department of Defense and the U.S. Post- new section: (sec. 1—206.02(c)(1), D.C. Official Code), the al Service) is hereby reduced by $280,000,000. SEC. ll. (a) ADDITIONAL APPROPRIATIONS Closing of a Public Alley in Square 0441, S.O. H.R. 1 FOR DEPARTMENT OF DEFENSE.—In addition 09–8516, Act of 2010 (D.C. Act 18–0639) shall OFFERED BY: MR. JOHNSON OF OHIO to amounts otherwise appropriated or made take effect on the date of the enactment of available by this Act for the Department of AMENDMENT NO. 498: At the end of the bill such Act. Defense, there is appropriated to the Sec- (before the short title), insert the following: H.R. 1 retary of Defense an amount equal to the dif- SEC. . None of the funds made available ll ference between— OFFERED BY: MR. NADLER by division B of this Act may be used to de- (1) the sum of the amounts authorized to AMENDMENT NO. 511: Beginning on page 346, velop, carry out, implement, or otherwise en- be appropriated for the Department of De- strike line 12 and all that follows through force proposed regulations published June 18, fense by division A of the Ike Skelton Na- page 348, line 2. 2010 (75 Fed. Reg. 34,667) by the Office of Sur- tional Defense Authorization Act for Fiscal On page 348, strike line 17 and all that fol- face Mining Reclamation and Enforcement Year 2011 (Public Law 111–383); and lows through page 351, line 17. of the Department of the Interior. (2) the sum of the amounts actually appro- H.R. 1 H.R. 1 priated or made available for the Depart- OFFERED BY: MR. GRIMM OFFERED BY: MR. CARDOZA ment of Defense by division A of this Act. AMENDMENT NO. 512: Page 206, line 10, after (b) OFFSET.—The amount appropriated by AMENDMENT NO. 499: At the end of the bill the dollar amount insert ‘‘(reduced by (before the short title), insert the following: subsection (a) shall be offset by reductions in $195,150,000)’’. future appropriations for the executive SEC. ll. None of the funds made available Page 293, line 4, after the dollar amount in- by this Act may be used to pay the expenses branch generally, not merely the Depart- sert ‘‘(increased by $195,150,000)’’. of official travel (within the meaning of sub- ment of Defense, and the Chairman of the Page 293, line 8, after the dollar amount in- chapter I of chapter 57 of title 5, United Committee on the Budget of the House of sert ‘‘(increased by $195,150,000)’’. States Code) for the Secretary of the Treas- Representatives shall provide the necessary H.R. 1 adjustments in allocations, aggregates, and ury. OFFERED BY: MR. GRIMM other appropriate levels in the concurrent H.R. 1 resolution on the budget for fiscal year 2012 AMENDMENT NO. 513: Page 347, line 10, in- OFFERED BY: MR. POLIS and such subsequent fiscal years as may be sert ‘‘Reductions required under this section for ‘Department of Transportation, Federal AMENDMENT NO. 500: Page 246, line 13, after necessary to achieve such reductions. Railroad Administration, Capital Assistance the dollar amount, insert ‘‘(reduced by H.R. 1 for High Speed Rail Corridors and Intercity $200,000,000)’’. OFFERED BY: MS. DEGETTE Passenger Rail Service’ shall not be applied Page 246, beginning on line 13, strike the AMENDMENT NO. 505: On page 287, lines 17 to maintenance programs. Such reductions colon and all that follows through ‘‘2011.’’ through 20, strike paragraph (2) (prohibiting shall be applied to routes with the highest and insert a period. the availability of funds for the program operating losses, excluding maintenance Page 359, line 11, after the dollar amount, under title X of the Public Health Service costs.’’ after ‘‘Transit Authority’.’’. insert ‘‘(increased by $200,000,000)’’. Act) and redesignate paragraph (3) as para- H.R. 1 H.R. 1 graph (2). OFFERED BY: MR. PRICE OF NORTH CAROLINA OFFERED BY: MR. POLIS H.R. 1 AMENDMENT NO. 514: At the end of the bill AMENDMENT NO. 501: Page 230, line 6, after OFFERED BY: MR. HOLT (before the short title), insert the following: the dollar amount, insert ‘‘(reduced by AMENDMENT NO. 506: At the end of the bill SEC. ll. None of the funds made available $24,886,000)’’. (before the short title), insert the following: in this Act may be used to enforce the re- H.R. 1 SEC. ll. The amounts otherwise made quirements in— available by this Act are revised by reducing (1) section 34(a)(1)(A) of the Federal Fire OFFERED BY: MR. POLIS the amount made available for ‘‘Department Prevention and Control Act of 1974 (15 U.S.C. AMENDMENT NO. 502: Page 230, line 6, after of the Treasury, Internal Revenue Service, 2229a(a)(1)(A)); the dollar amount, insert ‘‘(reduced by Enforcement’’, and increasing the amounts (2) section 34(a)(1)(B) of such Act; $24,886,000)’’. provided in section 1517(a) for transfer from (3) section 34(c)(1) of such Act; H.R. 1 the Federal Reserve to the Bureau of Con- (4) section 34(c)(2) of such Act; and (5) section 34(c)(4)(A) of such Act. OFFERED BY: MR. LAMBORN sumer Financial Protection for activities authorized to be carried out by such Bureau H.R. 1 AMENDMENT NO. 503: Page 155, after line 20 OFFERED BY: MR. BISHOP OF UTAH (before the short title at the end of division under title X of the Dodd-Frank Wall Street A), insert the following: Reform and Consumer Protection Act and AMENDMENT NO. 515: At the end of the bill amounts made available in section 1517(b) for (before the short title), insert the following: TITLE X—ADDITIONAL APPROPRIATIONS obligation by such Bureau during fiscal year SEC. ll. None of the funds made available AND OFFSET 2011, by $63,000,000, respectively. by this Act may be used for the National SEC. 10001. (a) ADDITIONAL APPROPRIATIONS H.R. 1 Landscape Conservation System. FOR DEPARTMENT OF DEFENSE.—In addition OFFERED BY: MR. AKIN H.R. 1 to amounts otherwise appropriated or made OFFERED BY: MR. CAMP available by this division for the Department AMENDMENT NO. 507: At the end of the bill of Defense, there is appropriated to the Sec- (before the short title), insert the following: AMENDMENT NO. 516: At the end of the bill, SEC. . None of the funds made available retary of Defense an amount equal to the dif- ll before the short title, insert the following: by division A of this Act may be used for ter- SEC. ll. None of the funds made available ference between— mination liabilities with respect to assault by this Act may be used for the opening of (1) the sum of the amounts authorized to vehicles of the Marine Corps or the Expedi- the locks at the Thomas J. O’Brien Lock and be appropriated for the Department of De- tionary Fighting Vehicle. Dam or the Chicago River Controlling fense by division A of the Ike Skelton Na- Works. tional Defense Authorization Act for Fiscal H.R. 1 Year 2011 (Public Law 111–383); and OFFERED BY: MR. BARTLETT H.R. 1 (2) the sum of the amounts actually appro- AMENDMENT NO. 508: At the end of the bill OFFERED BY: MR. FORTENBERRY priated or made available for the Depart- (before the short title), insert the following: AMENDMENT NO. 517: Page 323, line 23, after ment of Defense by titles I through IX of this SEC.ll. No funds made available in this the dollar amount, insert ‘‘(reduced by division. Act, or any prior Act, may be used for grant $200,000,000) (increased by $200,000,000)’’.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00133 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H930 CONGRESSIONAL RECORD — HOUSE February 15, 2011 H.R. 1 priority over all other obligations incurred (8) Chair of the Recovery Accountability OFFERED BY: MR. CAMPBELL by the Government of the United States. and Transparency Board. (9) Special Counsel to the President for AMENDMENT NO. 518: At the end of the bill H.R. 1 Ethics and Government Reform. (before the short title), insert the following: OFFERED BY: MR. WU (10) Intellectual Property Enforcement Co- SEC. ll. Each amount made available by AMENDMENT NO. 526: At the end of the bill this Act (except for amounts for the Depart- ordinator. (before the short title), insert the following: (11) Special Master for TARP Executive ments of Defense, Homeland Security, and SEC. ll. None of the funds made available Veterans Affairs, and other than an amount Compensation, Department of the Treasury. by this Act may be used to implement, ad- (12) Special Envoy To Oversee the Closure required to be made available by a provision minister, or enforce section 3(e) of the Nat- of law) is hereby reduced by 5.5 percent. of the Detention Center at Guantanamo Bay. ural Gas Act (15 U.S.C. 717b(e)). (13) Special Envoy for Sudan. H.R. 1 H.R. 1 (14) Special Representative for Afghani- OFFERED BY: MR. CAMPBELL OFFERED BY: MR. DEUTCH stan and Pakistan. AMENDMENT NO. 519: At the end of the bill (15) Chairman, Council on Jobs and Com- AMENDMENT NO. 527: Page 357, after line 22, petitiveness. (before the short title), insert the following: insert the following: SEC. ll. Each amount made available by (16) Special Advisor for Green Jobs, Enter- SEC. 2239. The amounts otherwise provided prise and Innovation, Council on Environ- this Act (other than an amount required to by this Act are revised by reducing the mental Quality. be made available by a provision of law) for amount made available for ‘‘Department of (17) Associate General Counsel and Chief the Departments of Defense and Homeland Housing and Urban Development, Manage- Diversity Officer, Federal Communications Security is hereby reduced by 3.5 percent. ment and Administration, Administration, Commission. H.R. 1 Operations and Management’’, and increas- (18) Special Envoy for the Middle East. ing the amount made available for ‘‘Depart- OFFERED BY: MR. QUIGLEY (19) Director of Recovery for Auto Commu- ment of Housing and Urban Development, AMENDMENT NO. 520: Page 231, beginning on nities and Workers. Community Planning and Development, line 22, strike section 1535. (20) Special Advisor for the Persian Gulf Community Development Fund’’, by H.R. 1 and Southwest Asia. $25,000,000: Provided, That the additional (21) Special Assistant and Senior Director OFFERED BY: MR. BRALEY OF IOWA amount made available by this section for to the President and Weapons of Mass De- AMENDMENT NO. 521: Page 276, line 11, after the Community Development Fund shall be struction Coordinator. ‘‘climate change’’ insert ‘‘: Provided, That only for activities to mitigate, replace, or (22) Assistant to the President and Special nothing in this section shall prohibit the Ad- otherwise address problem drywall, to re- Advisor to the Secretary of the Treasury on ministrator of the Environmental Protection main available until expended: Provided fur- the Bureau of Consumer Financial Protec- Agency from implementing or enforcing sec- ther, That such funds shall be treated as if tion. tion 211(o) of the Clean Air Act (relating to the funds were made available for purposes (23) Deputy Director for Management, Of- the renewable fuel program)’’. under title I of the Housing and Community fice of Management and Budget. Development Act of 1974 (42 U.S.C. 5301 et H.R. 1 (24) Special Envoy to Monitor and Combat seq.) and the funds shall be allocated by the OFFERED BY: MS. BORDALLO Anti-Semitism. Secretary of Housing and Urban Develop- AMENDMENT NO. 522: Page 173, line 20, after ment to States and local governments evi- H.R. 1 the dollar amount, insert ‘‘(reduced by dencing significant numbers of homes and OFFERED BY: MR. ALEXANDER $5,000,000)’’. other real property affected by problem AMENDMENT NO. 529: At the end of Sec. 1632, Page 172, line 4, after the dollar amount, drywall as defined by the Consumer Product insert the following: insert ‘‘(increased by $5,000,000)’’. Safety Commission: Provided further, That For Fiscal Year 2011, the Administrator of H.R. 1 the funds made available by this section for the Federal Emergency Management Agency may not use the assumption that a currently OFFERED BY: MR. PAUL the Community Development Fund shall be exempt from the national objective and over- existing levee or flood control structure does AMENDMENT NO. 523: Page 325, line 7, after all low- and moderate-income benefit re- not exist to designate an area as having new the dollar amount, insert ‘‘(reduced by flood hazards pursuant to issuance, revision, $1,000,000,000)’’. quirements of such title I: Provided further, That in administering such funds, the Sec- updating, or other process to implement Page 325, line 12, after the dollar amount, changes in flood insurance maps, except in insert ‘‘(reduced by $5,385,000,000)’’. retary may waive or specify alternative requirements for any provision of any statute cases where no affected community notifies Page 325, line 13, after the dollar amount, the Federal Emergency Management Agency insert ‘‘(reduced by $3,000,000,000)’’. or regulation in connection with the obligation or the use of such funds except for re- of objections to the Administrator’s hazard Page 325, line 14, after the dollar amount, modeling processes within 90 days of enact- quirements related to fair housing, non- insert ‘‘(reduced by $1,300,000,000)’’. ment of this Act. Nothing in this section discrimination, labor standards, and the en- Page 325, line 15, after the dollar amount, shall be construed to establish, provide, or vironment, upon a finding that such a waiver insert ‘‘(reduced by $300,000,000)’’. otherwise imply that the presence of an ex- is necessary to expedite or facilitate the use Page 325, line 21, after the dollar amount, isting levee or flood control structure pursu- insert ‘‘(reduced by $789,000,000)’’. of such funds: Provided further, That the Sec- ant to the prior sentence thereby accredits Page 359, line 20, after the dollar amount, retary shall publish any such waiver or al- such levee with providing 1-percent-annual- insert ‘‘(increased by $1,000,000,000)’’. ternative requirement in the Federal Reg- chance flood protection. ister no later than 30 days before the effec- Page 359, line 20, after the dollar amount, H.R. 1 insert ‘‘(increased by $5,385,000,000)’’. tive date of such waiver or alternative requirement. OFFERED BY: MR. NUNES H.R. 1 H.R. 1 AMENDMENT NO. 530. At the end of the bill OFFERED BY: MR. CONYERS (before the short title), insert the following: OFFERED BY: MR. CARTER AMENDMENT NO. 524: At the end of the bill The amount otherwise provided by this act (before the short title), insert the following: AMENDMENT NO. 528: At the end of the bill for the Mid-Pacific Region of the Bureau of Reclamation within the Water and Related SEC. ll. None of the funds made available (before the short title), insert the following: in this Act may be used to make an applica- SEC. ll. (a) None of the funds made avail- Resources account is hereby reduced by $72,000,000. tion under section 501 of the Foreign Intel- able by this Act may be used to pay the sal- ligence Surveillance Act of 1978 (50 U.S.C. ary or expenses of any position identified in H.R. 1 1861) for an order requiring the production of subsection (b). OFFERED BY: MR. NUNES library circulation records, library patron (b) The positions identified in this sub- AMENDMENT NO. 531. Page 216, line 19, after lists, book sales records, or book customer section are as follows: the period insert the following: ‘‘The amount lists. (1) Senior Advisor to the Secretary of the otherwise provided by this section for the Treasury Assigned to the Presidential Task H.R. 1 Mid-Pacific Region of such Bureau is hereby Force on the Auto Industry. reduced by $72,000,000.’’. OFFERED BY: MR. SCHWEIKERT (2) Assistant to the President for Home- H.R. 1 AMENDMENT NO. 525: At the end of the bill land Security and Counterterrorism. OFFERED BY: MR. YOUNG OF ALASKA (before the short title), insert the following: (3) Assistant to the President for Energy SEC. ll. In the event that the debt of the and Climate Change. AMENDMENT NO. 532: Page 298, line 12, in- United States Government, as defined in sec- (4) White House Director of Urban Affairs. sert, ‘‘or’’ after ‘‘title II,’’. tion 3101 of title 31, United States Code, (5) Associate Director, Technology Policy, Page 298, beginning on line 12, strike ‘‘, part B of title VII, or part C of title VII’’. reaches the statutory limit, the authority of Office of Science and Technology Policy. the Department of the Treasury provided in (6) Senior Advisor, Environmental Protec- H.R. 1 section 3123 of title 31, United States Code, tion Agency, Great Lakes Restoration Plan. OFFERED BY: MR. YOUNG OF ALASKA to pay with legal tender the principal and in- (7) Director, White House Office of Health AMENDMENT NO. 533: At the end of the bill, terest on debt held by the public shall take Reform. (before the short title), insert the following:

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SEC. ll. None of the funds made available which appropriations, funds, or other author- quirement and necessary to meet emergency by this Act may be used by the Environ- ity were made available in the following ap- needs pursuant to sections 403(a) and 423(b) mental Appeals Board to consider, review, propriations Acts: of S. Con. Res. 13 (111th Congress), the con- reject, remand, or otherwise invalidate any (1) The Agriculture, Rural Development, current resolution on the budget for fiscal permit issued for Outer Continental Shelf Food and Drug Administration, and Related year 2010. sources located offshore of the States along Agencies Appropriations Act, 2010 (Public (3) Such level shall be calculated without the Arctic Coast under section 328(a) of the Law 111–80). regard to any rescission or cancellation of Clean Air Act (42 U.S.C. 7627(a)). (2) The Commerce, Justice, Science, and funds or contract authority. H.R. 1 Related Agencies Appropriations Act, 2010 SEC. 102. Appropriations made by section (division B of Public Law 111–117). 101 shall be available to the extent and in the OFFERED BY: MR. ROYCE (3) The Department of Defense Appropria- manner that would be provided by the perti- AMENDMENT NO. 534: At the end of the bill tions Act, 2010 (Public Law 111–118). nent appropriations Act. (before the short title), insert the following: (4) The Energy and Water Development and SEC. 103. Appropriations provided by this SEC. ll. Each amount made available by Related Agencies Appropriations Act, 2010 division that, in the applicable appropria- this Act for motor vehicles for any civilian (Public Law 111–85). tions Act for fiscal year 2010, carried a mul- agency listed in the worldwide inventory of (5) The Financial Services and General tiple-year or no-year period of availability the most recent Federal fleet report of the Government Appropriations Act, 2010 (divi- shall retain a comparable period of avail- General Services Administration is hereby sion C of Public Law 111–117). ability. reduced by 20 percent. (6) The Department of Homeland Security SEC. 104. Except as otherwise expressly pro- H.R. 1 Appropriations Act, 2010 (Public Law 111–83). vided in this division, the requirements, authorities, conditions, limitations, and other OFFERED BY: MR. SCOTT OF VIRGINIA (7) The Department of the Interior, Envi- ronment, and Related Agencies Appropria- provisions of the appropriations Acts re- AMENDMENT NO. 535: Page 198, line 3, after tions Act, 2010 (division A of Public Law 111– ferred to in section 101(a) shall continue in the dollar amount, insert ‘‘(reduced by 88). effect through the date specified in section $100,000,000)’’. (8) The Departments of Labor, Health and 106. Page 203, line 8, after the dollar amount, Human Services, and Education, and Related SEC. 105. No appropriation or funds made insert ‘‘(increased by $100,000,000)’’. Agencies Appropriations Act, 2010 (division D available or authority granted pursuant to H.R. 1 of Public Law 111–117). section 101 shall be used to initiate or re- OFFERED BY: MR. WELCH (9) The Legislative Branch Appropriations sume any project or activity for which ap- AMENDMENT NO. 536: At the end of the bill Act, 2010 (division A of Public Law 111–68). propriations, funds, or other authority were (before the short title), insert the following (10) The Transportation, Housing and specifically prohibited during fiscal year new section: Urban Development, and Related Agencies 2010. SEC. 106. Unless otherwise provided for in SEC. ll. The amount otherwise provided Appropriations Act, 2010 (division A of Pub- by this Act for ‘‘Operation and Maintenance, lic Law 111–117). this division or in the applicable appropria- Defense-Wide’’ is hereby reduced by, and (11) The Military Construction and Vet- tions Act, appropriations and funds made amount otherwise provided by this Act for erans Affairs and Related Agencies Appro- available and authority granted pursuant to ‘‘Operation and Maintenance, Army National priations Act, 2010 (division E of Public Law this division shall be available through Sep- Guard’’ is hereby increased by, $150,000,000 111–117). tember 30, 2011. SEC. 107. Expenditures made pursuant to and $150,000,000, respectively. (12) The Department of State, Foreign Op- the Continuing Appropriations Act, 2011 H.R. 1 erations, and Related Programs Appropria- tions Act, 2010 (division F of Public Law 111– (Public Law 111–242), shall be charged to the OFFERED BY: MR. WELCH 117). applicable appropriation, fund, or authoriza- AMENDMENT NO. 537: Page 9, line 15, after (13) Section 102(c) (except the last proviso tion provided by this division. the dollar amount, insert ‘‘(reduced by relating to waiver of fees) of chapter 1 of SEC. 108. Funds appropriated by this divi- $150,000,000)’’. title I of the Supplemental Appropriations sion may be obligated and expended notwith- Page 12, line 25, after the dollar amount, Act, 2010 (Public Law 111–212) that addresses standing section 10 of Public Law 91–672 (22 insert ‘‘(increased by $150,000,000)’’. guaranteed loans in the rural housing insur- U.S.C. 2412), section 15 of the State Depart- ment Basic Authorities Act of 1956 (22 U.S.C. H.R. 1 ance fund. (14) The appropriation under the heading 2680), section 313 of the Foreign Relations OFFERED BY: MR. WELCH OF VERMONT ‘‘Department of Commerce—United States Authorization Act, Fiscal Years 1994 and 1995 AMENDMENT NO. 538: At the end of the bill Patent and Trademark Office’’ in the United (22 U.S.C. 6212), and section 504(a)(1) of the (before the short title), insert the following: States Patent and Trademark Office Supple- National Security Act of 1947 (50 U.S.C. SEC. ll. None of the funds made available mental Appropriations Act, 2010 (Public Law 414(a)(1)). SEC. 109. (a) For entitlements and other by this Act may be used to carry out section 111–224). 456(a)(4) of the Higher Education Act of 1965 (b) For purposes of this division, the term mandatory payments whose budget author- (20 U.S.C. 1087f(a)(4)). ‘‘level’’ means an amount. ity was provided in appropriations Acts for H.R. 1 (c)(1) Except as provided in paragraphs (2) fiscal year 2010, and for activities under the Food and Nutrition Act of 2008, the levels es- OFFERED BY: MR. SENSENBRENNER and (3), the level referred to in subsection (a) shall be, with respect to the amounts appro- tablished by section 101 shall be the amounts AMENDMENT NO. 539: At the end of the bill, priated in the appropriations Acts referred necessary to maintain program levels under before the short title, insert the following: to in the following paragraphs of such sub- current law and under the authority and con- SEC. ll. None of the funds that this Act section, including transfers and obligation ditions provided in the applicable appropria- makes available to the Department of Trans- limitations, equal to the following percent- tions Acts for fiscal year 2010. portation may be used for any program to age of such amounts: (b) In addition to the amounts otherwise check helmet usage or create checkpoints (A) In paragraph (1), 69.18 percent. provided by section 101, the following for motorcycle drivers or riders. (B) In paragraphs (2) and (14), 79.77 percent. amounts shall be available for the following H.R. 1 (C) In paragraph (3), 101.30 percent. accounts for advance payments for the first OFFERED BY: MR. LATOURETTE OF OHIO (D) In paragraph (4), 89 percent. quarter of fiscal year 2012: (E) In paragraph (5), 81.25 percent. (1) ‘‘Department of Labor, Employment AMENDMENT NO. 540: Strike all after the en- Standards Administration, Special Benefits acting clause and insert the following: (F) In paragraph (6), 95.26 percent. (G) In paragraph (7), 80.94 percent. for Disabled Coal Miners’’, for benefit pay- DIVISION A—FULL-YEAR CONTINUING (H) In paragraph (8), 82.66 percent. ments under title IV of the Federal Mine APPROPRIATIONS FOR FISCAL YEAR 2011 (I) In paragraph (9), 93.69 percent. Safety and Health Act of 1977, $41,000,000, to The following sums are hereby appro- (J) In paragraphs (10) and (13), 71.4 percent. remain available until expended. priated, out of any money in the Treasury (K) In paragraph (11)— (2) ‘‘Department of Health and Human not otherwise appropriated, and out of appli- (i) 100 percent, with respect to amounts Services, Centers for Medicare and Medicaid cable corporate or other revenues, receipts, made available for the Veterans Benefits Ad- Services, Grants to States for Medicaid’’, for and funds, for the several departments, agen- ministration and the Veterans Health Ad- payments to States or in the case of section cies, corporations, and other organizational ministration; and 1928 on behalf of States under title XIX of units of Government for fiscal year 2011, and (ii) 96.19 percent, with respect to all other the Social Security Act, $86,445,289,000, to re- for other purposes, namely: amounts. main available until expended. SECTION 101. (a) Such amounts as may be (L) In paragraph (12)— (3) ‘‘Department of Health and Human necessary, at the level specified in sub- (i) 100 percent, with respect to amounts Services, Administration for Children and section (c) and under the authority and con- made available for Israel; and Families, Payments to States for Child Sup- ditions provided in applicable appropriations (ii) 88.08 percent, with respect to all other port Enforcement and Family Support Pro- Acts for fiscal year 2010, for each account, amounts. grams’’, for payments to States or other non- program, project, or activity (including the (2) Such level shall not include any amount Federal entities under titles I, IV–D, X, XI, costs of direct loans and loan guarantees) for previously designated as an emergency re- XIV, and XVI of the Social Security Act and

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00135 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H932 CONGRESSIONAL RECORD — HOUSE February 15, 2011 the Act of July 5, 1960 (24 U.S.C. ch. 9), (2) maintains effective control over each (c) An individual described in this sub- $1,200,000,000, to remain available until ex- detention facility in which an individual is section is any individual who, as of June 24, pended. to be detained if the individual is to be 2009, is located at United States Naval Sta- (4) ‘‘Department of Health and Human housed in a detention facility; tion, Guantanamo Bay, Cuba, and who— Services, Administration for Children and (3) is not, as of the date of the certifi- (1) is not a citizen of the United States or Families, Payments to States for Foster cation, facing a threat that is likely to sub- a member of the Armed Forces of the United Care and Permanency’’, for payments to stantially affect its ability to exercise con- States; and States or other non-Federal entities under trol over the individual; (2) is— title IV–E of the Social Security Act, (4) has agreed to take effective steps to en- (A) in the custody or under the effective $1,850,000,000. sure that the individual cannot take action control of the Department of Defense; or (5) ‘‘Social Security Administration, Sup- to threaten the United States, its citizens, or (B) otherwise under detention at United plemental Security Income Program’’, for its allies in the future; States Naval Station, Guantanamo Bay, benefit payments under title XVI of the So- (5) has taken such steps as the Secretary Cuba. cial Security Act, $13,400,000,000, to remain determines are necessary to ensure that the SEC. 115. None of the funds appropriated or available until expended. individual cannot engage or re-engage in any otherwise made available by this division or SEC. 110. Amounts incorporated by ref- terrorist activity; and any other Act (including division A of this erence in this division that were previously (6) has agreed to share any information Act) may be obligated by any covered execu- designated as available for overseas deploy- with the United States that— tive agency in contravention of the certifi- ments and other activities pursuant to S. (A) is related to the individual or any asso- cation requirement of section 6(b) of the Iran Con. Res. 13 (111th Congress), the concurrent ciates of the individual; and Sanctions Act of 1996, as included in the revi- resolution on the budget for fiscal year 2010, (B) could affect the security of the United sions to the Federal Acquisition Regulation are designated as being for contingency oper- States, its citizens, or its allies. pursuant to such section. ations directly related to the global war on (c)(1) Except as provided in paragraph (3), SEC. 116. Section 550(b) of Public Law 109– terrorism pursuant to section 3(c)(2) of H. none of the funds appropriated or otherwise 295, as amended by section 550 of Public Law Res. 5 (112th Congress) and as an emergency made available in this division or any other 111–83, shall be applied by substituting the requirement pursuant to section 403(a) of S. Act (including division A of this Act) may be date specified in section 106 of this division Con. Res. 13 (111th Congress). used to transfer any individual detained at for ‘‘October 4, 2010’’. SEC. 111. Any language specifying an ear- Guantanamo to the custody or effective con- SEC. 117. Section 1(b)(2) of the Passport Act mark in an appropriations Act for fiscal year trol of the individual’s country of origin, any of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be 2010, or in a committee report or joint ex- other foreign country, or any other foreign applied by substituting the date specified in planatory statement accompanying such an entity if there is a confirmed case of any in- section 106 of this division for ‘‘September Act, shall have no legal effect with respect dividual who was detained at United States 30, 2010’’. to funds appropriated by this division. For Naval Station, Guantanamo Bay, Cuba, at SEC. 118. (a) Section 1115(d) of Public Law purposes of this section, the term ‘‘earmark’’ any time after September 11, 2001, who was 111–32 shall be applied by substituting the means a congressional earmark or congres- transferred to the foreign country or entity date specified in section 106 of this division sionally directed spending item, as defined in and subsequently engaged in any terrorist for ‘‘October 1, 2010’’. clause 9(e) of rule XXI of the Rules of the activity. (b) Section 824(g) of the Foreign Service House of Representatives and paragraph 5(a) (2) The Secretary of Defense may waive the Act of 1980 (22 U.S.C. 4064(g)) shall be applied of rule XLIV of the Standing Rules of the prohibition in paragraph (1) if the Secretary by substituting the date specified in section Senate. determines that such a transfer is in the na- 106 of this division for ‘‘October 1, 2010’’ in SEC. 112. Notwithstanding section 101, none tional security interests of the United States paragraph (2). of the funds appropriated or otherwise made and includes, as part of the certification de- (c) Section 61(a) of the State Department available in this division or any other Act scribed in subsection (b) relating to such Basic Authorities Act of 1956 (22 U.S.C. (including division A of this Act) may be transfer, the determination of the Secretary 2733(a)) shall be applied by substituting the used to transfer, release, or assist in the under this paragraph. date specified in section 106 of this division transfer or release to or within the United (3) Paragraph (1) shall not apply to any ac- for ‘‘October 1, 2010’’ in paragraph (2). States, its territories, or possessions Khalid tion taken by the Secretary to transfer any (d) Section 625(j)(1) of the Foreign Assist- Sheikh Mohammed or any other detainee individual detained at Guantanamo to effec- ance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be who— tuate an order affecting the disposition of applied by substituting the date specified in (1) is not a United States citizen or a mem- the individual that is issued by a court or section 106 of this division for ‘‘October 1, ber of the Armed Forces of the United competent tribunal of the United States hav- 2010’’ in subparagraph (B). States; and ing lawful jurisdiction. The Secretary shall SEC. 119. The authority provided by section (2) is or was held on or after June 24, 2009, notify Congress promptly upon issuance of 1334 of the Foreign Affairs Reform and Re- at the United States Naval Station, Guanta- any such order. structuring Act of 1998 (22 U.S.C. 6553) shall namo Bay, Cuba, by the Department of De- (d) For the purposes of this section: remain in effect through the date specified fense. (1) The term ‘‘individual detained at Guan- in section 106 of this division. SEC. 113. (a)(1) Notwithstanding section 101, tanamo’’ means any individual who is lo- SEC. 120. The provisions of title II of the except as provided in paragraph (2), none of cated at United States Naval Station, Guan- McKinney-Vento Homeless Assistance Act the funds appropriated or otherwise made tanamo Bay, Cuba, as of October 1, 2009, (42 U.S.C. 11311 et seq.) shall continue in ef- available in this division or any other Act who— fect, notwithstanding section 209 of such (including division A of this Act) may be (A) is not a citizen of the United States or Act, through the earlier of: (1) the date spec- used to transfer any individual detained at a member of the Armed Forces of the United ified in section 106 of this division; or (2) the Guantanamo to the custody or effective con- States; and date of the enactment into law of an author- trol of the individual’s country of origin, any (B) is— ization Act relating to the McKinney-Vento other foreign country, or any other foreign (i) in the custody or under the effective Homeless Assistance Act. entity unless the Secretary of Defense sub- control of the Department of Defense; or DIVISION B—STIMULUS RESCISSIONS mits to Congress the certification described (ii) otherwise under detention at United in subsection (b) by not later than 30 days States Naval Station, Guantanamo Bay, SEC. 201. (a) There are hereby rescinded all before the transfer of the individual. Cuba. unobligated balances remaining available as (2) Paragraph (1) shall not apply to any ac- (2) The term ‘‘foreign terrorist organiza- of February 11, 2011, of the discretionary ap- tion taken by the Secretary of Defense to tion’’ means any organization so designated propriations provided by division A of the transfer any individual detained at Guanta- by the Secretary of State under section 219 American Recovery and Reinvestment Act of namo to effectuate an order affecting the of the Immigration and Nationality Act (8 2009 (Public Law 111–5). (b) Subsection (a) shall not apply to funds disposition of the individual that is issued by U.S.C. 1189). a court or competent tribunal of the United SEC. 114. (a) Notwithstanding section 101, appropriated or otherwise made available to States having lawful jurisdiction. The Sec- none of the funds appropriated or otherwise Offices of Inspector General and the Recov- retary of Defense shall notify Congress made available by this division or any other ery Act Accountability and Transparency promptly upon issuance of any such order. Act (including division A of this Act) may be Board by division A of the American Recov- (b) The certification described in this sub- used to construct or modify any facility in ery and Reinvestment Act of 2009 (Public section is a written certification made by the United States, its territories, or posses- Law 111–5). the Secretary of Defense, with the concur- sions to house any individual described in SEC. 202. Hereafter, no Federal agency ad- rence of the Secretary of State, that the gov- subsection (c) for the purposes of detention ministering funds provided by division A of ernment of the foreign country or the recog- or imprisonment in the custody or under the the American Recovery and Reinvestment nized leadership of the foreign entity to effective control of the Department of De- Act of 2009 (Public Law 111–5) may provide which the individual detained at Guanta- fense. funding or reimbursement to any entity namo is to be transferred— (b) The prohibition in subsection (a) shall awarded funds from such Act for the cost as- (1) is not a designated state sponsor of ter- not apply to any modification of facilities at sociated with physical signage or other ad- rorism or a designated foreign terrorist orga- United States Naval Station, Guantanamo vertisement indicating that a project is nization; Bay, Cuba. funded by such Act.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00136 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H933 DIVISION C—MISCELLANEOUS Atlantic, Mid-Atlantic, New England, or Gulf ble appropriation, fund, or authorization pro- PROVISIONS of Mexico Fishery Management Council. vided by division A in the same manner as SPENDING REDUCTION ACCOUNT H.R. 1 provided by this Act with respect to division B. SEC. 4001. [Here insert the text of section OFFERED BY: MR. WELCH (c) Amounts appropriated by subsection (a) 4001 in the pending text, as perfected, such AMENDMENT NO. 549: Page 187, line 24, in- may be allocated by the applicable agency that the matter proposed to be inserted sert before the period the following: ‘‘: Pro- head among agency accounts, programs, under the heading SPENDING REDUCTION vided further, That, from the funds made projects, and activities, notwithstanding any ACCOUNT is identical to the matter pro- available by this title, the Secretary of Agri- other provision of this Act. posed to be stricken under that heading.] culture shall transfer an additional This Act may be cited as the ‘‘Full-Year $149,000,000 to the Commodity Futures Trad- H.R. 1 Continuing Appropriations Act, 2011’’. ing Commission to ensure that the Com- OFFERED BY: MRS. MCMORRIS RODGERS H.R. 1 modity Futures Trading Commission is able AMENDMENT NO. 553: At the end of the bill OFFERED BY: MS. CASTOR OF FLORIDA to carry out its duties under the law’’. (before the short title), insert the following: H.R. 1 SEC. ll. None of the funds made available AMENDMENT NO. 541: Page 201, strike lines by this Act may be used to pay salaries of of- 9 through 18. OFFERED BY: MR. KING OF IOWA ficers and employees of the Department of H.R. 1 AMENDMENT NO. 550: Page 288, line 20, and the Treasury who implement any of the fol- line 21, after the dollar amount on each such OFFERED BY: MS. CASTOR OF FLORIDA lowing sections of Public Law 111–148 (in- line, insert ‘‘(reduced by $750,000,000)’’. cluding the amendments made by such sec- AMENDMENT NO. 542: Page 294. Beginning on Page 359, line 15, after the dollar amount, tions): line 4, strike ‘‘and’’ and all that follows insert ‘‘(increased by $750,000,000)’’. through ‘‘Act’’ on line 5. (1) Section 1501. H.R. 1 (2) Section 1502. H.R. 1 OFFERED BY: MR. KING OF IOWA (3) Section 1513. OFFERED BY: MR. MICA AMENDMENT NO. 551: Page 288, line 20, after (4) Section 1514. AMENDMENT NO. 543: At the end of the bill the dollar amount, insert ‘‘(reduced by (5) Section 10108. (before the short title), insert the following: $750,000,000)’’. H.R. 1 SEC. ll. None of the funds made available Page 288, beginning on line 21, strike OFFERED BY: MR. PRICE OF GEORGIA by this Act may be used for any recruiting or ‘‘$750,000,000’’ through ‘‘such Public Law; AMENDMENT NO. 554: At the end of the bill hiring of personnel into the Transportation (2)’’. Security Administration that would cause Page 289, line 1, strike ‘‘(3)’’ and insert before the short title, insert the following: EC. . It is the sense of the House of the agency to exceed two-thirds of the cur- ‘‘(2)’’. S ll rent employees at headquarters or one-half Page 359, line 15, after the dollar amount, Representatives that the current budgetary of the current non-screener workforce at re- insert ‘‘(increased by $750,000,000)’’. framework as provided for in the Congres- gional offices. sional Budget and Impoundment Control Act H.R. 1 of 1974 and subsequent Acts should be re- H.R. 1 OFFERED BY: MR. SCHRADER pealed and replaced with a new framework OFFERED BY: MS. CASTOR OF FLORIDA AMENDMENT NO. 552: At the end of the bill which— AMENDMENT NO. 544: Page 245, strike lines (before the short title), insert the following: (1) Forces Congress to balance the budget; 11 through 15. SEC. ll. (a) Notwithstanding any other (2) Relies on zero-growth based budgeting; H.R. 1 provision of this Act (other than a provision (3) Sets forth binding spending limits; relating to amounts required to be made (4) Makes it easier to review and eliminate OFFERED BY: MR. POMPEO available by a provision of law), divisions A federal programs and agencies; and AMENDMENT NO. 545: At the end of the bill and B of this Act appropriate for fiscal year (5) Narrows the criteria for designating (before the short title), insert the following: 2011, for each agency for which amounts were emergency spending. SEC. . None of the funds made available ll made available (with respect to division A) H.R. 1 by this Act may be used to carry out any of in the Department of Defense Appropriations OFFERED BY: MR. BOUSTANY the activities described in section 6A of the Act, 2010 (Public Law 111–118) or (with re- Consumer Product Safety Act (15 U.S.C. spect to division B) an appropriations Act re- AMENDMENT NO. 555: Page 215, beginning on 2055a). ferred to in section 1101(a), such amounts as line 9, strike ‘‘and front-end nuclear facili- H.R. 1 may be necessary, under the authority and ties’’ and insert ‘‘, front-end nuclear facilities, and conditional loan guarantee commit- OFFERED BY: MR. POMPEO conditions provided in applicable appropriations Acts and at the level specified in sec- ments’’. AMENDMENT NO. 546: At the end of the bill tion 1101(c), except that such level, with re- H.R. 1 (before the short title), insert the following: spect to the following appropriations Acts, SEC. ll. None of the funds made available OFFERED BY: MR. PEARCE shall be equal to the following percentages of by this Act may be used by the Consumer AMENDMENT NO. 556: On page 263, line 22, the amounts made available for such agency Product Safety Commission to promulgate, after the dollar amount, insert ‘‘(reduce by in such Acts for fiscal year 2010 (other than implement, administer, or enforce a final $2,590,000)’’. amounts required to be made available by a rule relating to testing and labeling per- On page 264, line 3, after the dollar amount, provision of law), including transfers and obtaining to product certification based on the insert ‘‘(reduced by $2,750,000)’’. ligation limitations: proposed rule published in the Federal Reg- On page 264, line 20, after the dollar (1) The Commerce, Justice, Science, and ister on May 20, 2010 (75 Fed. Reg. 28336). amount, insert ‘‘(reduced by $23,737,000)’’. Related Agencies Appropriations Act, 2010 H.R. 1 On page 264, line 23, after the dollar (division B of Public Law 111–117), 89 percent. amount, insert ‘‘(reduc by $15,055,000)’’. OFFERED BY: MR. POMPEO (2) The Department of Defense Appropria- On page 267, line 17, after the dollar AMENDMENT NO. 547: At the end of the bill tions Act, 2010 (Public Law 111–118), 101 per- amount, insert ‘‘(reduced by $171,713,000)’’. (before the short title), insert the following: cent. On page 268, line 12, after the dollar SEC. ll. None of the funds made available (3) The Department of Homeland Security amount, insert ‘‘(reduced by $14,100,000)’’. by this Act may be used by the Consumer Appropriations Act, 2010 (Public Law 111–83), On page 278, line 3, after the dollar Product Safety Commission to publish a no- the percentage required to bring the aggre- amount, insert ‘‘(reduced by $9,100,000)’’. tice of requirements for accreditation of gate amount appropriated in such Act for fis- SEC. ll . None of the funds made available third party conformity assessment bodies for cal year 2010 (other than amounts required by this Act may be used for the Land and testing the conformity of products with sec- to be made available by a provision of law) On page 359, line 12, after the dollar tion 106 or 108 of the Consumer Product Safe- to $42,517,000,000. amount, insert ‘‘(increases by $239,045,000)’’. (4) The Military Construction and Veterans ty Improvement Act of 2008 or rules promul- H.R. 1 gated under either such section. Affairs and Related Agencies Appropriations Act, 2010 (division E of Public Law 111–117), OFFERED BY: MR. GARDNER H.R. 1 the percentage required to bring the aggre- AMENDMENT NO. 557: At the end of the bill OFFERED BY: MR. JONES gate amount appropriated in such Act for fis- (before the short title), insert the following: AMENDMENT NO. 548: At the end of the bill cal year 2010 (other than amounts required SEC. ll. (a) None of the funds made avail- (before the short title), insert the following: to be made available by a provision of law) able by this Act or any other Act in any fis- SEC. ll. None of the funds made available to $74,682,000,000. cal year may be used by the Environmental by this Act may be used to develop or ap- (5) All other appropriations Acts referred Protection Agency to propose, finalize, improve a new limited access privilege program to in section 1101(a), 96 percent. plement, or enforce any regulation that in- (as that term is used in section 303A the (b) Notwithstanding any other provision of cludes any article or substance described in Magnuson-Stevens Fishery Conservation and this Act, expenditures made pursuant to the subsection (b) as a chemical substance sub- Management Act (16 U.S.C. 1853a)) for any Continuing Appropriations Act, 2011 (Public ject to regulation under the Toxic Sub- fishery under the jurisdiction of the South Law 111–242), shall be charged to the applica- stances Control Act (15 U.S.C. 2601 et seq.).

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00137 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H934 CONGRESSIONAL RECORD — HOUSE February 15, 2011 (b) Articles and substances described in (2) ‘‘Executive Office of the President and H.R. 1 this subsection are the following: Funds Appropriated to the President, Execu- OFFERED BY: MS. HAYWORTH (1) Any article the sale of which is subject tive Residence at the White House, Oper- AMENDMENT NO. 567: At the end of the bill to, or eligible to be subject to, the tax im- ating Expenses’’, $332,000. (before the short title), insert the following: posed by section 4181 of the Internal Revenue (3) ‘‘Executive Office of the President and SEC. ll. None of the funds made available Code of 1986, and any component of such an Funds Appropriated to the President, White by this Act may be used to implement sec- article thereof. House Repair and Restoration’’, $405,000. tion 1899A of the Social Security Act (42 (2) Any substance that is manufactured, (4) ‘‘Executive Office of the President and U.S.C. 1395kkk), as added by section 3403 of processed, or distributed in commerce for Funds Appropriated to the President, Na- the Patient Protection and Affordable Care use in any article or separate component de- tional Security Council, Salaries and Ex- Act (Public Law 111–148). scribed in paragraph (1) (as determined with- penses’’, $2,979,000. out regard to any exemption from the tax (5) ‘‘Executive Office of the President and H.R. 1 imposed by section 4181 of the Internal Rev- Funds Appropriated to the President, Office OFFERED BY: MR. ISSA enue Code of 1986 under section 4182, section of Administration, Salaries and Expenses’’, AMENDMENT NO. 568: At the end of the bill 4221, or any other provision of that Code). $17,771,000. (before the short title), insert the following: (3) Any article the sale of which is subject (6) ‘‘Executive Office of the President and SEC. ll. to, or eligible to be subject to, the tax im- Funds Appropriated to the President, Office (a) None of the funds made available by posed by section 4161 of the Internal Revenue of Management and Budget, Salaries and Ex- this Act may be used to provide grants Code of 1986, and any component of such an penses’’, $10,220,000. (within the meaning of section 6302 and sec- article thereof. H.R. 1 tion 6304 of Title 31 of the United States (4) Any substance that is manufactured, Code). OFFERED BY: MR. PETERS processed, or distributed in commerce for (b) Subsection (a) shall not apply to grants use in any article or separate component de- AMENDMENT NO. 561: At the end of the bill allocated under a statutory formula or scribed in paragraph (3). (before the short title), insert the following grants to states, territories, tribal areas, the new section: District of Columbia, outlying areas and H.R. 1 SEC. . None of the funds made available ll freely associated states. OFFERED BY: MR. ALEXANDER by this Act may be used by the Animal and H.R. 1 AMENDMENT NO. 558: Page 254, after line 17, Plant Health Inspection Service to conduct insert the following new section: lethal wildlife control activities under the OFFERED BY: MR. ISSA SEC. 1633. For fiscal year 2011, the Adminis- Wildlife Services program for the purpose of AMENDMENT NO. 569: At the end of the bill trator of the Federal Emergency Manage- protecting livestock, crops or other agricul- (before the short title), insert the following: ment Agency may not use the assumption tural interests, and the amount otherwise SEC. ll. None of the funds made available that a currently existing levee or flood con- provided by this Act for ‘‘Agricultural Pro- by this Act may be used to fund periodic step trol structure does not exist to designate an grams, Animal and Plant Health Inspection increases described in Section 5335 of Title V area as having new flood hazards pursuant to Service, Salaries and Expenses’’ is hereby re- of the United States Code. issuance, revision, updating, or any other duced by $28,000,000. H.R. 1 process to implement changes in flood insur- H.R. 1 OFFERED BY: MR. MATHESON ance maps used under the national flood in- OFFERED BY: MR. REYES surance program under the National Flood AMENDMENT NO. 570: At the end of the bill AMENDMENT NO. 562: Page 245, line 7, after Insurance Act of 1968 (42 U.S.C. 4001 et seq.), (before the short title), insert the following: the dollar amount, insert ‘‘(increased by SEC. . Each amount made available by except in cases where no affected community ll $60,000,000)’’. this Act for motor vehicles for any civilian notifies the Federal Emergency Management Page 245, line 19, after the dollar amount, agency listed in the worldwide inventory of Agency of objections to the Administrator’s insert ‘‘(reduced by $60,000,000)’’. the most recent Federal fleet report of the hazard modeling processes within 90 days of H.R. 1 General Services Administration is hereby the enactment of this Act. Nothing in this reduced by 20 percent. section shall be construed to establish, pro- OFFERED BY: MRS. NOEM vide, or otherwise imply that the presence of AMENDMENT NO. 563: At the end of the bill H.R. 1 an existing levee or flood control structure (before the short title), insert the following: OFFERED BY: MR. HULTGREN pursuant to the preceding sentence thereby SEC. ll. No funds made available by this AMENDMENT NO. 571: In Division B, at the accredits such levee with providing protec- Act may be used to modify the national pri- end of TITLE IV—ENERGY AND WATER tion from a flood of a level that has a 1-per- mary ambient air quality standard or the na- DEVELOPMENT AND RELATED AGEN- cent chance of being equaled or exceeded in tional secondary ambient air quality stand- CIES, add the following new section: any single year. ard applicable to coarse particulate matter SEC. ll. Notwithstanding any other pro- H.R. 1 under section 109 of the Clean Air Act. vision of law, the Department of Energy is H.R. 1 OFFERED BY: MR. ALEXANDER hereby authorized to proceed with the new OFFERED BY: MR. BASS OF NEW HAMPSHIRE experiments requested for the High Energy AMENDMENT NO. 559: At the end of the bill Physics program. (before the short title), insert the following: AMENDMENT NO. 564: Page 291, line 11, after SEC. 4002. None of the funds made available the dollar amount, insert ‘‘(reduced by H.R. 1 by this Act may be used to designate an area $98,000,000)’’. OFFERED BY: MR. RUSH Page 293, line 4, after the dollar amount, protected by a currently existing levee or AMENDMENT NO. 572: Page 287, line 23, in- flood control structure as having new flood insert ‘‘(increased by $50,000,000)’’ sert the following: Page 293, line 8, after the dollar amount, hazards pursuant to issuance, revision, up- (4) not more than $100,000,000 shall be avail- insert ‘‘(increased by $50,000,000)’’. dating, or any other process to implement able until expended for carrying out the pro- Page 359, line 15, after the dollar amount, changes in flood insurance maps used under visions of Section 3505(b) [Trauma Service insert ‘‘increased by ‘‘(increased by the national flood insurance program under Availability Grants] of Public Law 111–148 $48,000,000)’’. the National Flood Insurance Act of 1968 (42 (Patient Protection and Affordable Care U.S.C. 4001 et seq.) and pursuant to an as- H.R. 1 Act). sumption that such currently existing levee OFFERED BY: MR. BASS OF NEW HAMPSHIRE H.R. 1 or flood control structure does not exist, ex- AMENDMENT NO. 565: Page 291, line 11, after OFFERED BY: MR. COOPER cept in cases where no affected community the dollar amount, insert ‘‘(reduced by AMENDMENT NO. 573: At the end of the bill notifies the Federal Emergency Management $98,000,000)’’. Agency of objections to the Administrator’s Page 293, line 4, after the dollar amount, (before the short title), insert the following: SEC. . Notwithstanding any other pro- hazard modeling processes within 90 days of insert ‘‘(increased by $50,000,000)’’. ll the enactment of this Act. Page 293, line 8, after the dollar amount, vision of this Act (other than a provision relating to amounts required to be made avail- H.R. 1 insert ‘‘(increased by $50,000,000)’’. able by a provision of law), this Act appro- OFFERED BY: MR. FLORES H.R. 1 priates for fiscal year 2011, for each account, AMENDMENT NO. 560: At the end of the bill OFFERED BY: MR. BOREN program, project or activity for which (before the short title), insert the following: AMENDMENT NO. 566: At the end of the bill amounts were appropriated in an appropria- SEC. ll. The amounts otherwise made (before the short title), insert the following: tions Act referred to in section 1101(a), such available by this Act for the following ac- Sec. ll. None of the funds made available amounts as may be necessary, at the level counts are hereby reduced by the following by this Act may be used to require a person specified in section 1101(c), except that such amounts: licensed under section 923 of title 18, United level, with respect to the following appro- (1) ‘‘Executive Office of the President and States Code, to report information to the De- priations Acts, shall be equal to the fol- Funds Appropriated to the President, The partment of Justice regarding the sale of lowing percentages of the amounts appro- White House, Salaries and Expenses’’, multiple rifles or shotguns to the same per- priated in such appropriations Acts, includ- $4,530,000. son. ing transfers and obligation limitations:

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00138 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 15, 2011 CONGRESSIONAL RECORD — HOUSE H935 (1) The Department of Homeland Security ment or agency funded by title VIII of divi- H.R. 1 Appropriations Act, 2010 (Public Law 111–83), sion B of this Act to implement the provi- OFFERED BY: MS. JACKSON LEE OF TEXAS 100 percent. sions of Public Law 111–148 or title I or sub- AMENDMENT NO. 579: Page 261, lines 22 (2) The Departments of Labor, Health and title B of title II of Public Law 111–152. through 25, and page 262, lines 1 through 4, Human Services, and Education, and Related H.R. 1 strike Section 1649 which rescinds $106,556,000 Agencies Appropriations Act, 2010 (division D in unobligated balances available for ‘‘De- of Public Law 111–117)— OFFERED BY: MS. ESHOO partment of Homeland Security, U.S. Cus- (A) with respect to amounts made avail- AMENDMENT NO. 576: At the end of the bill toms and Border Protection, Construction’’ able by such Act for Pell Grants, 100 percent; (before the short title), insert the following: for construction projects. and SEC. ll. None of the funds made available H.R. 1 (B) with respect to all other amounts made by this Act may be used to enter into any available by such Act, 95 percent. contract with a corporation or other busi- OFFERED BY: MS. JACKSON LEE OF TEXAS (3) The Military Construction and Veterans ness entity that does not disclose its polit- AMENDMENT NO. 580: Page 245, lines 1 Affairs and Related Agencies Appropriations ical contributions. through 3, strike Section 1605 which reduces Act, 2010 (division E of Public Law 111–117), H.R. 1 the level of funding for ‘‘Department of 100 percent. Homeland Security, Office of the Federal Co- (4) All other appropriations Acts referred OFFERED BY: MR. PRICE OF GEORGIA ordinator for Gulf Coast Rebuilding’’ to $0. to in section 1101(a), 95 percent. AMENDMENT NO. 577: At the end of the bill H.R. 1 H.R. 1 (before the short title), insert the following: OFFERED BY: MS. JACKSON LEE OF TEXAS OFFERED BY: MR. PEARCE SEC. ll . None of the funds made available by this Act may be used to pay the salaries AMENDMENT NO. 581: Page 358, beginning on AMENDMENT NO. 574: At the end of the bill line 9, strike section 3002. (before the short title), insert the following: and expenses of personnel to carry out and implement Title X (Bureau of Consumer Fi- H.R. 1 SEC. ll. None of the funds made available by this Act may be used to make any con- nancial Protection) of the Dodd-Frank Wall OFFERED BY: MS. JACKSON LEE OF TEXAS Street Reform and Consumer Protection Act. tribution on behalf of the United States to AMENDMENT NO. 582: Page 357, beginning on the Intergovernmental Panel on Climate H.R. 1 line 24, strike section 3001. Change (IPCC). OFFERED BY: MR. PRICE OF GEORGIA H.R. 1 H.R. 1 AMENDMENT NO. 578: At the end of the bill OFFERED BY: MR. REED OF NEW YORK OFFERED BY: MR. REHBERG (before the short title), insert the following: AMENDMENT NO. 583: At the end of the bill AMENDMENT NO. 575: At the end of the bill SEC. ll . None of the funds made available (before the short title), insert the following: (before the short title), insert the following: by this Act may be used to pay the salaries SEC. ll. None of the funds made available SEC. ll. None of the funds made available and expenses of personnel to carry out and by this Act may be used to change any rate by this Act may be paid to any employee, of- implement the National Labor Relations Act of salary or basic pay pursuant to section ficer, contractor, or grantee of any depart- (29 U.S.C. 151 et seq.). 1113 of Public Law 111–32.

VerDate Mar 15 2010 01:56 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00139 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H15FE1.REC H15FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, TUESDAY, FEBRUARY 15, 2011 No. 24 Senate The Senate met at 10 a.m. and was Mrs. SHAHEEN thereupon assumed MEASURE PLACED ON THE called to order by the Honorable the chair as Acting President pro tem- CALENDAR—H.R. 359 JEANNE SHAHEEN, a Senator from the pore. Mr. REID. Madam President, H.R. 359 State of New Hampshire. is at the desk and due for a second f reading, I am told. PRAYER The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- RECOGNITION OF THE MAJORITY pore. The clerk will read the bill by fered the following prayer: LEADER title for the second time. Let us pray. The ACTING PRESIDENT pro tem- The legislative clerk read as follows: Unto You, O Lord, do we lift our pore. The majority leader is recog- A bill (H.R. 359) to reduce Federal spending and the deficit by terminating taxpayer fi- hearts this day in praise and thanks- nized. giving. You are our God and we put our nancing of presidential election campaigns and party conventions. trust in You. Lead us away from f shame, for You are our rock and ref- Mr. REID. I object to any further proceedings at this time, Madam Presi- uge. SCHEDULE Today, give Your grace and strength dent. The ACTING PRESIDENT pro tem- to our lawmakers. Empower them to Mr. REID. Madam President, fol- pore. Objection having been heard, the live worthy of every trust this Nation lowing any leader remarks, there will bill will be placed on the calendar commits to their hands. Make them be a period of morning business until 11 under rule XIV. champions of liberty, messengers of a.m. Senators will be permitted to peace, and servants of Your kingdom. speak for up to 10 minutes each during f We pray in Your great Name. Amen. that period of time. At 11 a.m. the Sen- TRIBUTE TO MANNY PACQUIAO ate will resume consideration of the Mr. REID. Madam President, I am f FAA authorization bill. going to take a few minutes today to At 11:40 a.m. the Senate will resume PLEDGE OF ALLEGIANCE talk about a friend of Nevada’s and a consideration of the Nelson of Ne- friend of mine. This man is from the The Honorable JEANNE SHAHEEN led braska amendment. There will be up to other side of the world. His name is the Pledge of Allegiance, as follows: 20 minutes of debate equally divided Manny Pacquiao. He is in Washington I pledge allegiance to the Flag of the prior to a vote in relation to the today. Every time I visit with him, I United States of America, and to the Repub- amendment, as amended. The Nelson come away more impressed than the lic for which it stands, one nation under God, amendment relates to criminal pen- indivisible, with liberty and justice for all. last time. alties for the unauthorized distribution Although those of us who serve here f of advanced imaging technology. At are close with our colleagues in the about noon, the Senate will proceed to U.S. Congress—and some even achieve APPOINTMENT OF ACTING vote in relation to the Nelson amend- PRESIDENT PRO TEMPORE celebrity status inside the beltway ment, as amended. itself, the so-called beltway bubble— The PRESIDING OFFICER. The The Senate will then recess from few of our names and faces are rec- clerk will please read a communication 12:30 until 2:15 p.m. for our weekly cau- ognizable beyond our shores. to the Senate from the President pro cus meetings. After caucus, there will Senator Ted Kennedy was an excep- tempore (Mr. INOUYE). be 10 minutes for debate equally dition to that rule with fame he earned The legislative clerk read the fol- vided prior to a vote in relation to the through the decades he and his family lowing letter: Wicker amendment, as modified. The dedicated to public service. So was U.S. SENATE, Wicker amendment relates to the col- Senator Clinton—and in her current PRESIDENT PRO TEMPORE, lective bargaining rights of TSA em- role as Secretary of State, even more Washington, DC, February 15, 2011. ployees. Senators should expect a vote of the world recognizes and respects To the Senate: in relation to the Wicker amendment her. I traveled to Europe with Senator Under the provisions of rule I, paragraph 3, to begin at about 2:30, 2:25 p.m. John Glenn. He was a rock star all over of the Standing Rules of the Senate, I hereby Both of these amendments are sub- appoint the Honorable JEANNE SHAHEEN, a Europe. He was a global hero because Senator from the State of New Hampshire, ject to 60-vote thresholds. Additional he orbited the globe. to perform the duties of the Chair. rollcall votes in relation to FAA But no one in our national legisla- DANIEL K. INOUYE, amendments are expected to occur ture comes close to the level of world- President pro tempore. throughout the day. wide fame of the Congressman from the

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

S705

VerDate Mar 15 2010 01:13 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.000 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S706 CONGRESSIONAL RECORD — SENATE February 15, 2011 southern tip of the Philippines, Manny self—and he does that very well—or to nothing from recent history. They are Pacquiao. be a world champion many times over. again trying to slash the programs The bond between the Philippines You have to be a champion for others. that keep us safe and eliminate the and the United States is deep and That is what he believes. programs that keep us competitive. strong. During World War II, when the He is very tough—we know that—not They are still fighting for billions in Pacific nation was a commonwealth of because he can take punches as force- special breaks for oil and gas compa- this country, brave and patriotic Fili- fully as he gives one but because he nies, the insurance industry, and bil- pino troops served under the American fights for those who cannot fight for lionaires. flag. With the leadership of Senator themselves. In the last few days, the former presi- DAN INOUYE, who acted so heroically in The large and vibrant Filipino com- dent of Chevron oil said: We don’t need the Second World War, we fought in munity in Nevada looks up to Manny, those subsidies. But yet Republicans the legislative branches of our govern- as do Filipinos and fight fans all over are fighting for subsidies for oil compa- ment to give those troops, those Fili- the world. He sets a welcome example nies when the oil company executives pino troops, the well-deserved and of an athlete who does good for many. say they do not need them. long-overdue pensions they earned dur- He is someone who is not in public We have already tried it their way. ing a time of war. service for fame or glory or money but They are fighting and substantiating Now Congressman Pacquiao is a because he knows his people need his billions in special breaks for oil and Member of Congress from the Phil- advice and need his voice. gas companies, the insurance industry, ippines. He is also a boxer who holds He is a friend, I repeat, of Nevada’s, and billionaires. We tried it. It does not a friend of America, and—I am happy many other titles than that of Con- work. That is why we are in the mess to say—a friend of mine. gressman. He holds the title of Super we are in. But the Republican reaction Welterweight Champion. He is the only f to the President’s budget has been an person in the history of boxing to hold THE PRESIDENT’S BUDGET attempt to go back in time. eight world titles. He is the first person Mr. REID. Madam President, when If they want to time travel in search in history to win 10 world titles in 8 President Obama released his budget of fiscal responsibility, they should not different weight divisions. He started yesterday, he made one thing very stop at President Bush’s failed admin- out being a champion at 106 pounds. clear: getting our economy back above istration; they should keep going to his He has fought them all. He has water will require shared sacrifice. predecessor’s, when we balanced the fought people who outweighed him 35, Few documents are more intricate budget with President Clinton. 40 pounds. He has been declared the and complex than our national budget. We live in the present and we budget fighter of the decade and three times But beyond the numbers, what I found for the future. We have spending chal- the fighter of the year. He is rated the deep in this budget is an affirmation of lenges before us. We cannot afford to No. 1 pound-for-pound best boxer in the our principles. Among those values is a forget those challenges will not be world. From Flyweight to Light Mid- commitment to recognize and adapt to solved by extreme rhetoric or unreal- dleweight Champion, Welterweight reality—investing in what works and istic idealism. They will be solved only Champion, Lightweight Champion—no changing what does not. when reasonable partners are willing to other boxer in history has achieved I appreciate the President’s call for come to negotiate with responsible pro- what he has achieved. shared sacrifice and living within our posals that find a critically important He is an ambitious young man with a means and, more than that, his willing- balance: one that brings down our def- closet full of championship belts and ness to do more than just talk but ac- icit while keeping our economy moving the start of a promising political ca- tually lead toward fiscal responsibility. in the right direction. reer already under his belt. I am most He did not just talk about tough When we find that middle ground, we gratified, as I mentioned, that he is a choices, he made them. I do not agree will leave the next generation with an friend of Nevada’s, where his sport is a with all of his choices. I disagree with economy they can count on, with the major player in our economic arena. He some of his cuts. But I cannot deny confidence we seek in our future, and is someone I really admire. that by making the difficult decisions with the knowledge that when difficult Manny Pacquiao and I come from op- he showed leadership. decisions need to be made, Americans posite sides of the globe, but in our I also found in the President’s budget do not shirk that responsibility; when hearts we come from the same place. the recognition that we are not in a presented with a tough choice, we Manny grew up with nothing. He was competition to determine who can cut make it. just a kid when he had to leave his the most; rather, we need to cooperate f home and live in the streets. He started to discover where we can cut the fighting in the streets and went into smartest. RESERVATION OF LEADER TIME the ring where he certainly has been This budget proposes a long-term The ACTING PRESIDENT pro tem- one of the all-time greats. plan to responsibly cut the deficit in pore. Under the previous order, the He fought for money when he was a half in President Obama’s first term. It leadership time is reserved. mere boy. He has done so well in life. does not do that by blindly chopping He has fought to get an education he zeros off bottom lines or eliminating f was not able to get as a young boy. He programs wholesale. It invests in that MORNING BUSINESS is married to a wonderful woman which will grow our economy—such as named Jinkee. They have four chil- education, such as innovation, and The ACTING PRESIDENT pro tem- dren. He is a devout Roman Catholic. such as infrastructure. pore. Under the previous order, the When he stepped into the ring for the It does not buy into the partisan Senate will be in a period of morning first time, it changed his life. talking point that there is no dif- business until 11 a.m., with Senators He is a fighter. I have talked about ference between spending and invest- permitted to speak therein for up to 10 that. There is near unanimous agreeing, because there is. In other words, it minutes each, with the time equally di- ment he is the best pound-for-pound recognizes we can lower the deficit not vided and controlled between the two fighter on the planet today and perhaps just by subtraction but also by addi- leaders or their designees. ever, and that takes into consideration tion. When we invest in education, we The Senator from Illinois. some great fighters—Sugar Ray Leon- create a smarter and stronger work- f ard, Sugar Ray Robinson. force. When we invest in innovation, He is a man who is so fun to watch. we create jobs before the rest of the EDUCATION FUNDING In his last fight—I watched that fight— world beats us to those jobs. When we Mr. DURBIN. Madam President, the he was outweighed by some 30 pounds. invest in our infrastructure—from the President presented to Congress a He won the fight. He won every round interstates to the Internet—we lay the budget. It is the annual process or rit- of that fight, and the man he fought foundation for prosperity. ual where the President makes the had been a champion. But he knows it I am disappointed the congressional first move, presenting a budget, and is not enough just to fight for your- Republicans seem to have learned then Congress responds. The House and

VerDate Mar 15 2010 01:13 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.002 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S707 the Senate come up with a budget reso- the city of Chicago, more than half of the size of the class, provide extra help, lution within the confines of the Presi- them were women from China. I including mentoring and teaching after dent’s spending and decide how to thought to myself: I never would have school, and give these students who spend money. We are now at that dreamed this. During my time—and would otherwise fall behind and might phase. But I want to say a word about this goes back quite a few years—there drop out a chance to succeed. Well, the what the President suggested and what weren’t that many women in law Republicans say: There is an area to we are hearing from across the Ro- school. Now they make up the majority cut. They take $700 million out and end tunda from the House Republicans. of law students. But who would have up firing 10,000 teachers in these pro- The President understands we have guessed that Chinese women would grams—over 280 of those from schools two challenges as a nation. The first is have the majority of graduate degrees in my State. to create more jobs because we have from a law school in Chicago? Wake up, Innovative programs that are work- too many people out of work. Secondly, America. That is what is happening. ing today to move our States toward we need to reduce our deficit. It seems China, India, and other countries are reform in education would be seriously they are cross-purposes, but they do focused on promoting education for cut. Race to the Top gave to our Sec- not have to be. those with the skills to lead their retary of Education, Arne Duncan, in- The President is trying to chart a countries in the future. Can we do any- centives of millions of dollars to offer course that moves us forward in a re- thing less? Our Nation’s strength lies to States if they will do things that are sponsible way, cutting spending where in its ability to outcompete and bold, innovative, and successful in im- it will not hurt economic recovery and outinnovate every other country in the proving education. It is interesting growth and investing with the Federal world. We can’t do it if we are not pre- that the first two States to be awarded, funds we will spend in programs that paring the next generation of sci- if I am not mistaken, were Delaware count. He has talked about an agenda entists, entrepreneurs, and innovators. and Tennessee. It is pretty clear the for more education, more innovation, Let’s take a look at what the House Department of Education wasn’t look- more infrastructure, and economic Republicans did. They are promising ing for any political agenda here; they growth. That is the appropriate bal- we can cut off investments in edu- were looking for States truly com- ance. cation, even as quickly as the remain- mitted to reform. I am sorry Illinois However, when we look at what the der of this fiscal year, and still prosper. didn’t make the cut. One would have Republicans have done in the House of I question that. They released their thought the President’s State might Representatives, we see they have ig- continuing resolution for the fiscal have had an advantage. We didn’t make nored that balance. They believe just year on Friday night. Their proposal it. In fairness, there are things we cutting spending by itself, without con- cuts $4.9 billion in education programs could have done that would have im- cern about the impact, is best for from prekindergarten through college, proved our chances. But other States America’s future, but it defies our com- the money that helps schools teach and changed the laws, moved forward, to mon human experience. If we said to helps students get to college. Here is try to make sure there is account- our family just starting out: There are what they cut: $1.1 billion from Head ability in education as well as good re- going to be tough economic times Start, a program that helps low-in- sults. ahead; there are some things we will come, disadvantaged kids enter kinder- What did the House Republicans have to do without, but is there one garten ready to learn. The Presiding think about that? Well, they think we thing we want to make certain we in- Officer has seen these Head Start pro- should cut that, dramatically cut that vest in, most families would say: Well, grams, and I have too. We think to our- program. we want to get the kids educated. We selves: Where would these kids be with- They would cut Pell grants by $845 want to make sure our children go to out it? Many of them come from single- per student. What does that mean? I school because that is their only parent families, and many of their par- know the Senator now presiding over chance. If they don’t get a good edu- ents are struggling, making basic min- the Senate, similar to myself, has met cation, their lives are not going to be imum wage and hardly any more, and many of the students receiving Pell as full. They will not make as great a this is where they send their kids dur- grants. A lot of these kids come from contribution. The same thing is true at ing the day so the kids, at an early families where no one has ever gone on the national level. What the President age—3, 4, and 5 years old—are exposed to college. Many of them come from has suggested is, we need sound invest- to socialization, getting to know other low-income families who can’t give ment in education. children, having mentors and teachers them any financial support, and many Unfortunately, the House Repub- in the room, and learning the basics. of them struggle to try to stay in licans, in their approach, cut some of Then, when the day comes when they school and still take a job and earn the most basic programs when it comes are ready to go to kindergarten, they enough money to get by. The Pell to education. The President under- are truly prepared and ready to go. The grant helps them. The Pell grant says: stands—and I think all of us appre- House Republicans’ cut in Head Start If you are from a low-income family, ciate—the United States has slipped would drop 127,000 low-income pre- we are going to give you a helping from first to No. 6 in the world in the schoolers from the program—over 5,000 hand. To say we are going to cut that percentage of high school graduates in Illinois. That means cutting the grant means many of these students going to college. How can we be more rolls by 20 percent and laying off 55,000 will not be able to continue in school. competitive in this century? How can teachers and staff. So is that where we They will quit. Some may return at a we expect to attract good businesses start to build for the future, by taking later time; many will not. We will have and the right kind of inventors and these children out of the Head Start wasted an opportunity for young, am- innovators who will spark growth in classrooms and laying off 55,000 teach- bitious students who use the Pell our economy if we don’t have more of ers? What does that say about the fu- grants and student loans to have an our students attending and graduating ture of those children? Will it be as education that can lead somewhere. from college? good or worse? I think we know the an- I might say, in fairness, that I know We have also slipped from 1st to 12th swer to that. a little bit about this subject because I in the percentage of people holding col- Under the House Republicans’ pro- went to college and law school bor- lege degrees. America better wake up posal, $700 million would be cut from rowing money from the Federal Gov- and look around the world. I recently schools serving more than 1 million ernment. Had I not been able to do spoke at a commencement for a law disadvantaged students. We under- that, I am not sure I would be standing school in Chicago, and I was surprised stand, because we are testing, that kids here today. It gave me my chance. I when it came to the master’s degrees who go to school and who happen to be still had to go to classes and take the in law. Those are advanced degrees. from lower income families, disadvan- tests and earn the grades and eventu- Anyone with that degree has been in taged families, many times don’t do as ally pass the bar exam, but the fact is school at least 20 years of their life. well. We know it. We see it in the test that money made all the difference in When I looked at the graduates with scores. We try to put money into the the world to me. There was no way my master’s degrees from a law school in districts, for what purpose? To reduce widowed mother was ever going to pay

VerDate Mar 15 2010 01:13 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.002 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S708 CONGRESSIONAL RECORD — SENATE February 15, 2011 for my education in those days. She case and many others, on strong family Madam President, before I yield the couldn’t do it. support and encouragement but also on floor, I ask unanimous consent that That was my story. Now repeat that the quality of the teacher in the class- the time consumed in any quorum call story millions of times across America room. We want to make sure we have during the period of morning business and ask ourselves: What are the House the best teachers so we have the best be charged equally to both sides. Republicans thinking? They are going students, the best graduates who are The ACTING PRESIDENT pro tem- to cut Pell grants for these students then in the best position to compete in pore. Without objection, it is so or- who are struggling to go through col- the years ahead. dered. lege? Why would we do that when 80 The President’s budget maintains a Mr. DURBIN. I suggest the absence of percent of our Nation’s fastest growing maximum Pell grant award of $5,550 a quorum. jobs require higher education? In Illi- per year, ensuring nearly 8 million stu- The ACTING PRESIDENT pro tem- nois, an estimated 61,000 students are dents across the country can continue pore. The clerk will call the roll. going to see their Pell grants signifi- to pursue a college degree. The legislative clerk proceeded to cantly reduced or eliminated. There is also money in the Presi- call the roll. The House Republicans also want to dent’s budget for worker training, Mr. ISAKSON. Madam President, I eliminate $1.5 billion in grants to which we desperately need. ask unanimous consent that the order States for job training. When we think There is also an investment of $1.4 for the quorum call be rescinded. about the number of unemployed in billion in competitive programs to The ACTING PRESIDENT pro tem- America today and how few of them bring about reform in education, in- pore. Without objection, it is so or- will be able to return to the same job cluding the Early Learning Challenge dered. they left, we understand they need new Fund, spurring States to improve qual- f skills, new training. They have to ity; the new Race to the Top, bringing HAPPY 70TH BIRTHDAY TO T. move into new areas of opportunity. resources to school districts willing to ROGERS WADE Job training offers that. The Repub- make reforms; and a new First in the World competition, which encourages Mr. ISAKSON. Madam President, I licans eliminate it. rise to speak for a few minutes about a Now take a look at what the Presi- colleges and universities to dem- gentleman whose 70th birthday will be onstrate success in graduating more dent does. The President makes a dra- celebrated next Monday night in At- high-needs students and preparing matic cut in spending, freezing our lanta, GA. He is a gentleman who has them for employment. spending, reducing our spending by deep ties to the Senate. His name is T. over $400 billion over the next 5 years, There are skeptics who believe that no matter what the government does, Rogers Wade. and bringing domestic discretionary He came to the Senate in 1973 as an it is not going to create jobs or create spending in America as a percentage of administrative assistant and later opportunity in America. I think we can our gross domestic product down to a chief of staff to Georgia Senator Her- go too far in selling the government’s level lower than it was in the 1950s man Talmadge. During those years, under President Eisenhower. So he role, and we shouldn’t. But we can un- Senator Talmadge was chairman of the calls for sacrifice, as we should. But derstand in education that the govern- powerful Agriculture Committee the President understands the impor- ment’s role does make a difference. which, in my State of Georgia, is in- I try to calculate in my mind. It has tance of education. His budget includes strumental. Rogers Wade is one of been barely 50 or 54 years since we $8.1 billion for Head Start to serve those unique people whom all of us, made a decision in Congress that we nearly 1 million children and families. such as the Presiding Officer and my- were going to invest in student loans It includes $1.3 billion to support al- self, are lucky enough to have in our most 2 million children and families to help young people go to college—the offices, somebody who supports us, through the childcare development same program that helped me go to keeps us moving in the right direction, block grant program. college. It happened after Sputnik was helps us back home with our people—in The President’s budget also includes launched and we were concerned about other words, kind of drives our ship of $26.8 billion, an increase of about 7 per- the Russian effort to put satellites in State. My chief of staff does. Rogers cent, for elementary and secondary outer space, followed by missiles, fol- Wade did it for Herman Talmadge. education, focused on raising stand- lowed by a Cold War face-off that we He took those talents and brought ards, encouraging innovation, and re- might experience. So we said we need them back to Georgia after 1980 to do a warding success. more engineers and scientists and more number of memorable and tremendous Last week, the heads of many school college grads. We made the investment things. For example, when he first districts in Illinois came to see me. and it worked. We not only made it to came back he founded a firm called They are struggling. We can under- the Moon, but we moved the American Edington Wade & Associates, a public stand why. With real estate prices economy forward to lead the world in affairs firm that represented many going down and values going down, the last half of the 20th century. It was Fortune 500 companies throughout the property tax receipts are not what they no accident. Part of it was the invest- State of Georgia and their locations. used to be. Our State is in bankruptcy. ment of our government in education Following that, he did many other It doesn’t have the money to send back for our citizens. The President believes things in Georgia. He founded Leader- to school districts. A small amount— we have to keep that commitment. I ship Georgia, a program today cele- about 5 percent that comes from the agree with him. brating over 40 years in our State, gen- Federal Government—is important to I think the House Republicans have erating new leaders for our State. It is them. If Republicans have their way, gone too far in their cuts. I think they a great program. He came to the Fan- that amount will be reduced. The start with the skepticism that govern- ning Institute of Leadership at the President tries to maintain that con- ment cannot do anything right. Many University of Georgia and serves on its tribution from the Federal level to of them were the beneficiaries of col- board. He serves on the board of the help local school districts. lege student loans through the govern- Richard Russell Foundation. Most im- There is something else the President ment, and they have forgotten. They portantly, he is a can-do guy who be- does which I think is essential to bet- shouldn’t. Families across America came president of something known as ter education. He invests $185 million count on it, and we should too. We the Georgia Public Policy Foundation, for a new Presidential teaching fellows have to make sure we have a strong an organization that is nonpartisan program which would provide scholar- budget that cuts deficits—and I agree and dedicates itself to opine on legisla- ships to talented and aspiring teachers we must—but maintains essential eco- tion going through the Georgia Legis- who commit to teaching for 3 years in nomic investment. Congress needs to lature or initiatives coming before the a high-needs school. It also invests $80 enact a plan that will lead to fiscal sus- people on the ballot to give them an million to improve teacher training in tainability over the long term if we unvarnished, nonpolitical, straight- the STEM subjects—science, tech- want to ensure a strong economic fu- talk expression of what that law or nology, engineering, and math. ture. The President has provided an ex- what that issue would be. It has be- I think most would agree the success cellent starting point in that conversa- come one of the most respected founda- of an education depends, first, in my tion. tions in our State and, in fact, around

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Economic Importance of Air Travel in The ACTING PRESIDENT pro tem- Rogers Wade did it. He founded some- High-Amenity Rural Areas.’’ pore. The clerk will call the roll. thing called Tech High in Atlanta, GA, Nearly half of the American West The legislative clerk proceeded to a school in an old dilapidated building consists of publicly owned lands con- call the roll. that he raised the money to rehabili- taining mountain ranges, forests, riv- Mr. ROCKEFELLER. Madam Presi- tate. He brought in excellent faculty in ers, lakes, parks, and areas for wilder- dent, I ask unanimous consent that the STEM math and science and opened it ness, wildlife, and grazing. Many people order for the quorum call be rescinded. as a charter school approved by the come to the West to visit—especially The ACTING PRESIDENT pro tem- State of Georgia for the most in need, from the East—especially in the sum- pore. Without objection, it is so or- free-and-reduced-lunch kids in the met- mer, to go fly fishing, camping, for dered. ropolitan city of Atlanta public school tourism, and in the winter for skiing. f system. He began attracting those kids People enjoy public lands in the West. to that charter school. So successful We have so many public lands in the CONCLUSION OF MORNING has Tech High been that Arne Duncan, West, we don’t have private land for de- BUSINESS the Secretary of Education, chose it to velopment. This means we have tre- The ACTING PRESIDENT pro tem- be one of his first visits after he be- mendous distances between population pore. Morning business is closed. came Secretary of Education under centers, and we need reliable air travel President Obama. It still is a guiding to ensure jobs, private enterprise, and f light today of what can be done, with a access to medical assistance. FAA AIR TRANSPORTATION MOD- focus on excellence and helping kids in Montana is primarily a rural State. ERNIZATION AND SAFETY IM- need to brighten their future. We rank 47th in population—that is PROVEMENT ACT Just recently, with the election of only three States with less populace The ACTING PRESIDENT pro tem- Nathan Deal as the new Governor of than we—while being the fourth largest pore. Under the previous order, the Georgia, he picked one person out of in land mass. To put it differently, al- Senate will resume consideration of S. our State to guide him in his transi- though we are slightly larger than the 223, which the clerk will report. tion team. It was T. Rogers Wade. country of Japan, we have fewer citi- The legislative clerk read as follows: T. Rogers Wade has touched the lives zens than the State of Rhode Island, of American servicemen by being on the smallest State in the Nation. A bill (S. 223) to modernize the air traffic control system, improve the safety, reli- the board of the USO, Georgia busi- Montana has eight Essential Air ability, and availability of transportation by nesses by being on the board of the Service communities: Sidney, air in the United States, provide moderniza- chamber of commerce, and citizens Glendive, Wolf Point, Miles City, tion of the air traffic control system, reau- around our State by being the presi- Glasglow, Havre, and West Yellow- thorize the Federal Aviation Administration, dent of the Public Policy Foundation. stone. The first seven rely on indus- and for other purposes. Next Monday night, I am going to tries such as agricultural and mineral Pending: have dinner with a great Georgian and extraction—industries that are vital to Wicker modified amendment No. 14, to ex- great American. And I rise at this mo- America’s growth and industries which clude employees of the Transportation Secu- ment on the floor of the Senate to pay exist in rural America rather than in rity Administration from the collective bar- tribute to T. Rogers Wade on the occa- downtown metropolitan areas. A cou- gaining rights of Federal employees and pro- sion of his 70th birthday. ple of those airports also lie near In- vide employment rights and an employee en- I yield back the remainder of my dian reservations where economic gagement mechanism for passenger and time. I suggest the absence of a needs are paramount. Without the Es- property screeners. Blunt amendment No. 5, to require the quorum. sential Air Service all these areas risk Under Secretary of Transportation for Secu- The ACTING PRESIDENT pro tem- isolation. rity to approve applications from airports to pore. The clerk will call the roll. In 2008, Montana’s Essential Air authorize passenger and property screening The legislative clerk proceeded to Service provider went out of business. to be carried out by a qualified private call the roll. We lost air travel for months. At this screening company. Mr. BAUCUS. Madam President, I point, I want to read a passage from a Paul amendment No. 21, to reduce the ask unanimous consent that the order recent Great Falls Tribune article to total amount authorized to be appropriated for the quorum call be rescinded. illustrate the impact on jobs and the for the Federal Aviation Administration for The ACTING PRESIDENT pro tem- economy. It says: fiscal year 2011 to the total amount authorized to be appropriated for the Administra- pore. Without objection, it is so or- When Havre, a city of about 10,000 people, tion for fiscal year 2008. dered. lost its air service . . . BNSF Railway closed Rockefeller (for Wyden) amendment No. 27, f its local office and moved its operation to to increase the number of test sites in the Billings. National Airspace System used for un- ESSENTIAL AIR SERVICE Think of that. Think of the irony. manned aerial vehicles and to require one of Mr. BAUCUS. Madam President, I re- The railroad needs reliable air services. those test sites to include a significant por- alize we are in morning business, but I They didn’t have them so they moved tion of public lands. rise to oppose the McCain amendment to another location. That shows how Inhofe amendment No. 7, to require the Ad- to the FAA bill, which will probably interconnected our economy is. ministrator of the Federal Aviation Admin- istration to initiate a new rulemaking pro- come up later when we get to the bill. I want to take this opportunity to ceeding with respect to the flight time limi- The McCain amendment will elimi- also announce that I have launched a tations and rest requirements for supple- nate the Essential Air Service Pro- Senate Essential Air Service Caucus. mental operations before any of such limita- gram. I applaud my colleague for ex- Senator COLLINS from Maine is co- tions or requirements be altered. ploring ways to address our deficit, and chairman of the bipartisan caucus, and Rockefeller (for Ensign) amendment No. I want to join him in looking for oppor- several other Democratic and Repub- 32, to improve provisions relating to certifi- tunities to control spending, but this is lican Senators have already joined us, cation and flight standards for military re- one program we must preserve. We and I encourage my other colleagues to motely piloted aerial systems in the Na- won’t improve the deficit by stifling tional Airspace System. join and stand with us. McCain amendment No. 4, to repeal the Es- local economies. It is important to rein in the deficit. sential Air Service Program. The Department of Transportation That is clear. But let us be responsible Rockefeller (for Leahy) amendment No. 50, estimates that 1.1 million travelers about how we do it. Pulling the rug out to amend title 1 of the Omnibus Crime Con- from more than 150 communities rely from under programs such as Essential trol and Safe Streets Act of 1968 to include

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nonprofit and volunteer ground and air am- (2) by striking the semicolon at the end of (1) AVIATION-GRADE KEROSENE USED IN COM- bulance crew members and first responders subparagraph (A) and inserting ‘‘or the FAA MERCIAL AVIATION.—Clause (ii) of section for certain benefits, and to clarify the liabil- Air Transportation Modernization and Safe- 6427(l)(4)(A) is amended by striking ‘‘speci- ity protection for volunteer pilots that fly ty Improvement Act;’’. fied in section 4041(c) or 4081(a)(2)(A)(iii), as for public benefit. (b) CONFORMING AMENDMENT.—Paragraph the case may be,’’ and inserting ‘‘so im- Reid amendment No. 54, to allow airports (2) of section 9502(e) is amended by striking posed’’. that receive airport improvement grants for ‘‘April 1, 2011’’ and inserting ‘‘October 1, (2) KEROSENE USED IN AVIATION.—Paragraph the purchase of land to lease the land and de- 2013’’. (4) of section 6427(l) is amended by striking velop the land in a manner compatible with (c) EFFECTIVE DATE.—The amendments subparagraphs (B) and (C) and inserting the noise buffering purposes. made by this section shall take effect on following new subparagraph: Reid amendment No. 55, to require the Sec- April 1, 2011. ‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED retary of the Interior to convey certain Fed- SEC. 803. MODIFICATION OF EXCISE TAX ON KER- VENDOR.—With respect to any kerosene used eral land to the city of Mesquite, NV. OSENE USED IN AVIATION. in aviation (other than kerosene to which (a) RATE OF TAX ON AVIATION-GRADE KER- Udall (NM)/Bingaman amendment No. 49, paragraph (6) applies), if the ultimate pur- OSENE.— to authorize Dona Ana County, NM, to ex- chaser of such kerosene waives (at such time (1) IN GENERAL.—Subparagraph (A) of sec- change certain land conveyed to the county and in such form and manner as the Sec- tion 4081(a)(2) is amended by striking ‘‘and’’ for airport purposes. retary shall prescribe) the right to payment at the end of clause (ii), by striking the pe- Udall (NM) amendment No. 51, to require under paragraph (1) and assigns such right to riod at the end of clause (iii) and inserting ‘‘, that all advanced imaging technology used the ultimate vendor, then the Secretary and’’, and by adding at the end the following as a primary screening method for pas- shall pay (without interest) the amount new clause: sengers be equipped with automatic target which would be paid under paragraph (1) to ‘‘(iv) in the case of aviation-grade ker- recognition software. such ultimate vendor, but only if such ulti- Nelson (NE) amendment No. 58, to impose osene, 35.9 cents per gallon.’’. mate vendor— a criminal penalty for unauthorized record- (2) FUEL REMOVED DIRECTLY INTO FUEL TANK ‘‘(i) is registered under section 4101, and ing or distribution of images produced using OF AIRPLANE USED IN NONCOMMERCIAL AVIA- ‘‘(ii) meets the requirements of subpara- advanced imaging technology during TION.—Subparagraph (C) of section 4081(a)(2) graph (A), (B), or (D) of section 6416(a)(1).’’. screenings of individuals at airports and is amended to read as follows: (3) AVIATION-GRADE KEROSENE NOT USED IN upon entry to Federal buildings. ‘‘(C) TAXES IMPOSED ON FUEL USED IN COM- AVIATION.—Subsection (l) of section 6427 is Paul amendment No. 18, to strike the pro- MERCIAL AVIATION.—In the case of aviation- amended by redesignating paragraph (5) as visions relating to clarifying a memorandum grade kerosene which is removed from any paragraph (6) and by inserting after para- of understanding between the Federal Avia- refinery or terminal directly into the fuel graph (4) the following new paragraph: tion Administration and the Occupational tank of an aircraft for use in commercial ‘‘(5) REFUNDS FOR AVIATION-GRADE KER- Safety and Health Administration. aviation by a person registered for such use OSENE NOT USED IN AVIATION.—If tax has been Rockefeller (for Baucus) modified amend- under section 4101, the rate of tax under sub- imposed under section 4081 at the rate speci- ment No. 75, of a perfecting nature. paragraph (A)(iv) shall be 4.3 cents per gal- fied in section 4081(a)(2)(A)(iv) and the fuel is lon.’’. The ACTING PRESIDENT pro tem- used other than in an aircraft, the Secretary (3) EXEMPTION FOR AVIATION-GRADE KER- pore. I understand the Senator from shall pay (without interest) to the ultimate OSENE REMOVED INTO AN AIRCRAFT.—Sub- Montana wants to make a modifica- purchaser of such fuel an amount equal to section (e) of section 4082 is amended— tion? the amount of tax imposed on such fuel re- (A) by striking ‘‘kerosene’’ and inserting Mr. BAUCUS. That is correct. duced by the amount of tax that would be ‘‘aviation-grade kerosene’’, imposed under section 4041 if no tax under AMENDMENT NO. 75, AS FURTHER MODIFIED (B) by striking ‘‘section 4081(a)(2)(A)(iii)’’ section 4081 had been imposed.’’. The ACTING PRESIDENT pro tem- and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and (4) CONFORMING AMENDMENTS.— pore. The Senator from Montana. (C) by striking ‘‘KEROSENE’’ in the heading (A) Subparagraph (B) of section 4082(d)(2) is Mr. BAUCUS. Madam President, I and inserting ‘‘AVIATION-GRADE KEROSENE’’. amended by striking ‘‘6427(l)(5)(B)’’ and in- (4) CONFORMING AMENDMENTS.— ask that my amendment No. 75 be serting ‘‘6427(l)(6)(B)’’. (A) Clause (iii) of section 4081(a)(2)(A) is modified further with the changes that (B) Paragraph (4) of section 6427(i) is amended by inserting ‘‘other than aviation- are at the desk. amended— grade kerosene’’ after ‘‘kerosene’’. The ACTING PRESIDENT pro tem- (i) by striking ‘‘(4)(C) or (5)’’ and inserting (B) The following provisions are each pore. Is there objection? Without objec- ‘‘(4)(B) or (6)’’, and amended by striking ‘‘kerosene’’ and insert- (ii) by striking ‘‘, (l)(4)(C)(ii), and (l)(5)’’ tion, it is so ordered. ing ‘‘aviation-grade kerosene’’: and inserting ‘‘and (l)(6)’’. The amendment, as further modified, (i) Section 4081(a)(3)(A)(ii). (C) Subsection (l) of section 6427 is amend- is as follows: (ii) Section 4081(a)(3)(A)(iv). ed by striking ‘‘DIESEL FUEL AND KEROSENE’’ Strike title VIII and insert the following: (iii) Section 4081(a)(3)(D). in the heading and inserting ‘‘DIESEL FUEL, TITLE VIII—AIRPORT AND AIRWAY TRUST (C) Subparagraph (D) of section 4081(a)(3) is KEROSENE, AND AVIATION FUEL’’. amended— FUND PROVISIONS AND RELATED TAXES (D) Paragraph (1) of section 6427(l) is (i) by striking ‘‘paragraph (2)(C)(i)’’ in SEC. 800. AMENDMENT OF 1986 CODE. amended by striking ‘‘paragraph (4)(C)(i)’’ clause (i) and inserting ‘‘paragraph (2)(C)’’, Except as otherwise expressly provided, and inserting ‘‘paragraph (4)(B)’’. and whenever in this title an amendment or re- (E) Paragraph (4) of section 6427(l) is (ii) by striking ‘‘paragraph (2)(C)(ii)’’ in peal is expressed in terms of an amendment amended— clause (ii) and inserting ‘‘paragraph to, or repeal of, a section or other provision, (i) by striking ‘‘KEROSENE USED IN AVIA- (2)(A)(iv)’’. the reference shall be considered to be made TION’’ in the heading and inserting ‘‘AVIA- (D) Paragraph (4) of section 4081(a) is to a section or other provision of the Inter- TION-GRADE KEROSENE USED IN COMMERCIAL amended— nal Revenue Code of 1986. AVIATION’’, and (i) by striking ‘‘KEROSENE’’ in the heading SEC. 801. EXTENSION OF TAXES FUNDING AIR- (ii) in subparagraph (A)— and inserting ‘‘AVIATION-GRADE KEROSENE’’, PORT AND AIRWAY TRUST FUND. (I) by striking ‘‘kerosene’’ and inserting and (a) FUEL TAXES.—Subparagraph (B) of sec- ‘‘aviation-grade kerosene’’, tion 4081(d)(2) is amended by striking ‘‘March (ii) by striking ‘‘paragraph (2)(C)(i)’’ and (II) by striking ‘‘KEROSENE USED IN COM- 31, 2011’’ and inserting ‘‘September 30, 2013’’. inserting ‘‘paragraph (2)(C)’’. MERCIAL AVIATION’’ in the heading and insert- (b) TICKET TAXES.— (E) Paragraph (2) of section 4081(d) is ing ‘‘IN GENERAL’’. (1) PERSONS.—Clause (ii) of section amended by striking ‘‘(a)(2)(C)(ii)’’ and in- 4261(j)(1)(A) is amended by striking ‘‘March serting ‘‘(a)(2)(A)(iv)’’. (d) TRANSFERS TO THE AIRPORT AND AIRWAY 31, 2011’’ and inserting ‘‘September 30, 2013’’. (b) RETAIL TAX ON AVIATION FUEL.— TRUST FUND.— (2) PROPERTY.—Clause (ii) of section (1) EXEMPTION FOR PREVIOUSLY TAXED (1) IN GENERAL.—Subparagraph (C) of sec- 4271(d)(1)(A) is amended by striking ‘‘March FUEL.—Paragraph (2) of section 4041(c) is tion 9502(b)(1) is amended to read as follows: 31, 2011’’ and inserting ‘‘September 30, 2013’’. amended by inserting ‘‘at the rate specified ‘‘(C) section 4081 with respect to aviation (c) EFFECTIVE DATE.—The amendments in subsection (a)(2)(A)(iv) thereof’’ after gasoline and aviation-grade kerosene, and’’. made by this section shall take effect on ‘‘section 4081’’. (2) TRANSFERS ON ACCOUNT OF CERTAIN RE- April 1, 2011. (2) RATE OF TAX.—Paragraph (3) of section FUNDS.— SEC. 802. EXTENSION OF AIRPORT AND AIRWAY 4041(c) is amended to read as follows: (A) IN GENERAL.—Subsection (d) of section TRUST FUND EXPENDITURE AU- ‘‘(3) RATE OF TAX.—The rate of tax imposed 9502 is amended— THORITY. by this subsection shall be the rate of tax in (i) by striking ‘‘(other than subsection (a) IN GENERAL.—Paragraph (1) of section effect under section 4081(a)(2)(A)(iv) (4.3 (l)(4) thereof)’’ in paragraph (2), and 9502(d) is amended— cents per gallon with respect to any sale or (ii) by striking ‘‘(other than payments (1) by striking ‘‘April 1, 2011’’ in the matter use for commercial aviation).’’. made by reason of paragraph (4) of section preceding subparagraph (A) and inserting (c) REFUNDS RELATING TO AVIATION-GRADE 6427(l))’’ in paragraph (3). ‘‘October 1, 2013’’, and KEROSENE.— (B) CONFORMING AMENDMENTS.—

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(i) Paragraph (4) of section 9503(b) is not be taken into account any aviation- ‘‘(b) AMOUNT OF TAX.—The rate of tax im- amended by striking ‘‘or’’ at the end of sub- grade kerosene held by any person which is posed by subsection (a) is 14.1 cents per gal- paragraph (C), by striking the period at the exempt from the tax imposed by paragraph lon. end of subparagraph (D) and inserting a (1) by reason of paragraph (5). ‘‘(c) FRACTIONAL OWNERSHIP AIRCRAFT PRO- comma, and by inserting after subparagraph (C) CONTROLLED GROUPS.—For purposes of GRAM.—For purposes of this section— (D) the following new subparagraphs: this subsection— ‘‘(1) IN GENERAL.—The term ‘fractional ‘‘(E) section 4081 to the extent attributable (i) CORPORATIONS.— ownership aircraft program’ means a pro- to the rate specified in clause (ii) or (iv) of (I) IN GENERAL.—All persons treated as a gram under which— section 4081(a)(2)(A), or controlled group shall be treated as 1 person. ‘‘(A) a single fractional ownership program ‘‘(F) section 4041(c).’’. (II) CONTROLLED GROUP.—The term ‘‘con- manager provides fractional ownership pro- (ii) Subsection (c) of section 9503 is amend- trolled group’’ has the meaning given to such gram management services on behalf of the ed by striking paragraph (5). term by subsection (a) of section 1563 of the fractional owners, (iii) Subsection (a) of section 9502 is Internal Revenue Code of 1986; except that ‘‘(B) 2 or more airworthy aircraft are part amended— for such purposes the phrase ‘‘more than 50 of the program, (I) by striking ‘‘appropriated, credited, or percent’’ shall be substituted for the phrase ‘‘(C) there are 1 or more fractional owners paid into’’ and inserting ‘‘appropriated or ‘‘at least 80 percent’’ each place it appears in per program aircraft, with at least 1 program credited to’’, and such subsection. aircraft having more than 1 owner, (II) by striking ‘‘, section 9503(c)(5),’’. (ii) NONINCORPORATED PERSONS UNDER COM- ‘‘(D) each fractional owner possesses at (e) EFFECTIVE DATE.—The amendments MON CONTROL.—Under regulations prescribed least a minimum fractional ownership inter- made by this section shall apply to fuels re- by the Secretary, principles similar to the est in 1 or more program aircraft, moved, entered, or sold after March 31, 2011. principles of subparagraph (A) shall apply to ‘‘(E) there exists a dry-lease aircraft ex- (f) FLOOR STOCKS TAX.— a group of persons under common control if change arrangement among all of the frac- (1) IMPOSITION OF TAX.—In the case of avia- 1 or more of such persons is not a corpora- tional owners, and tion-grade kerosene fuel which is held on tion. ‘‘(F) there are multi-year program agree- April 1, 2011, by any person, there is hereby (7) OTHER LAWS APPLICABLE.—All provi- ments covering the fractional ownership, imposed a floor stocks tax on aviation-grade sions of law, including penalties, applicable fractional ownership program management kerosene equal to— with respect to the taxes imposed by section services, and dry-lease aircraft exchange as- (A) the tax which would have been imposed 4081 of the Internal Revenue Code of 1986 on pects of the program. before such date on such kerosene had the the aviation-grade kerosene involved shall, ‘‘(2) MINIMUM FRACTIONAL OWNERSHIP IN- amendments made by this section been in ef- TEREST.— fect at all times before such date, reduced by insofar as applicable and not inconsistent ‘‘(A) IN GENERAL.—The term ‘minimum (B) the tax imposed before such date on with the provisions of this subsection, apply fractional ownership interest’ means, with such kerosene under section 4081 of the In- with respect to the floor stock taxes imposed respect to each type of aircraft— ternal Revenue Code of 1986, as in effect on by paragraph (1) to the same extent as if ‘‘(i) a fractional ownership interest equal such date. such taxes were imposed by such section. to or greater than 1⁄16 of at least 1 subsonic, (2) LIABILITY FOR TAX AND METHOD OF PAY- SEC. 804. AIR TRAFFIC CONTROL SYSTEM MOD- ERNIZATION ACCOUNT. fixed wing or powered lift program aircraft, MENT.— (a) IN GENERAL.—Section 9502 is amended or (A) LIABILITY FOR TAX.—A person holding aviation-grade kerosene on April 1, 2011, by adding at the end the following new sub- ‘‘(ii) a fractional ownership interest equal 1 shall be liable for such tax. section: to or greater than ⁄32 of a least 1 rotorcraft ‘‘(f) ESTABLISHMENT OF AIR TRAFFIC CON- (B) TIME AND METHOD OF PAYMENT.—The program aircraft. TROL SYSTEM MODERNIZATION ACCOUNT.— tax imposed by paragraph (1) shall be paid at ‘‘(B) FRACTIONAL OWNERSHIP INTEREST.— ‘‘(1) CREATION OF ACCOUNT.—There is estab- such time and in such manner as the Sec- The term ‘fractional ownership interest’ lished in the Airport and Airway Trust Fund retary of the Treasury shall prescribe. means— a separate account to be known as the ‘Air (3) TRANSFER OF FLOOR STOCK TAX REVE- ‘‘(i) the ownership of an interest in a pro- Traffic Control System Modernization Ac- NUES TO TRUST FUNDS.—For purposes of de- gram aircraft, count’ consisting of such amounts as may be termining the amount transferred to the Air- ‘‘(ii) the holding of a multi-year leasehold transferred or credited to the Air Traffic port and Airway Trust Fund, the tax im- interest in a program aircraft, or Control System Modernization Account as posed by this subsection shall be treated as ‘‘(iii) the holding of a multi-year leasehold provided in this subsection or section 9602(b). imposed by section 4081(a)(2)(A)(iv) of the In- interest which is convertible into an owner- ‘‘(2) TRANSFERS TO AIR TRAFFIC CONTROL ternal Revenue Code of 1986. ship interest in a program aircraft. SYSTEM MODERNIZATION ACCOUNT.—On Octo- (4) DEFINITIONS.—For purposes of this sub- ‘‘(3) DRY-LEASE AIRCRAFT EXCHANGE.—The ber 1, 2011, and annually thereafter the Sec- section— term ‘dry-lease aircraft exchange’ means an retary shall transfer $400,000,000 to the Air (A) AVIATION-GRADE KEROSENE.—The term agreement, documented by the written pro- Traffic Control System Modernization Ac- ‘‘aviation-grade kerosene’’ means aviation- gram agreements, under which the program count from amounts appropriated to the Air- grade kerosene as such term is used within aircraft are available, on an as needed basis port and Airway Trust Fund under sub- the meaning of section 4081 of the Internal without crew, to each fractional owner. section (b) which are attributable to taxes on Revenue Code of 1986. ‘‘(d) TERMINATION.—This section shall not aviation-grade kerosene. apply to liquids used as a fuel in an aircraft (B) HELD BY A PERSON.—Aviation-grade ‘‘(3) EXPENDITURES FROM ACCOUNT.— kerosene shall be considered as held by a per- after September 30, 2013.’’. Amounts in the Air Traffic Control System son if title thereto has passed to such person (2) CONFORMING AMENDMENT.—Subsection Modernization Account shall be available (whether or not delivery to the person has (e) of section 4082 is amended by inserting subject to appropriation for expenditures re- been made). ‘‘(other than an aircraft described in section lating to the modernization of the air traffic 4043(a))’’ after ‘‘an aircraft’’. (C) SECRETARY.—The term ‘‘Secretary’’ control system (including facility and equip- means the Secretary of the Treasury or the (3) TRANSFER OF REVENUES TO AIRPORT AND ment account expenditures).’’. Secretary’s delegate. AIRWAY TRUST FUND.—Subsection (1) of sec- (b) CONFORMING AMENDMENT.—Paragraph tion 9502(b) is amended by redesignating sub- (5) EXCEPTION FOR EXEMPT USES.—The tax (1) of section 9502(d) is amended by striking paragraphs (B) and (C) as subparagraphs (C) imposed by paragraph (1) shall not apply to ‘‘Amounts’’ and inserting ‘‘Except as pro- any aviation-grade kerosene held by any per- and (D), respectively, and by inserting after vided in subsection (f), amounts’’. subparagraph (A) the following new subpara- son exclusively for any use to the extent a (c) EFFECTIVE DATE.—The amendments credit or refund of the tax is allowable under graph: made by this section shall take effect on the ‘‘(B) section 4043 (relating to surtax on fuel the Internal Revenue Code of 1986 for such date of the enactment of this Act. use. used in aircraft part of a fractional owner- SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT ship program),’’. (6) EXCEPTION FOR CERTAIN AMOUNTS OF OWNERSHIP PROGRAMS. (4) CLERICAL AMENDMENT.—The table of AVIATION-GRADE KEROSENE.— (a) FUEL SURTAX.— sections for subchapter B of chapter 31 is (A) IN GENERAL.—No tax shall be imposed (1) IN GENERAL.—Subchapter B of chapter by paragraph (1) on any aviation-grade ker- amended by adding at the end the following 31 is amended by adding at the end the fol- new item: osene held on April 1, 2011, by any person if lowing new section: ‘‘Sec. 4043. Surtax on fuel used in aircraft the aggregate amount of such aviation-grade ‘‘SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT kerosene held by such person on such date PART OF A FRACTIONAL OWNER- part of a fractional ownership does not exceed 2,000 gallons. The preceding SHIP PROGRAM. program.’’. sentence shall apply only if such person sub- ‘‘(a) IN GENERAL.—There is hereby imposed (b) FRACTIONAL OWNERSHIP PROGRAMS mits to the Secretary (at the time and in the a tax on any liquid used during any calendar TREATED AS NON-COMMERCIAL AVIATION.— manner required by the Secretary) such in- quarter by any person as a fuel in an aircraft Subsection (b) of section 4083 is amended by formation as the Secretary shall require for which is— adding at the end the following new sen- purposes of this subparagraph. ‘‘(1) registered in the United States, and tence: ‘‘For uses of aircraft before October 1, (B) EXEMPT AVIATION-GRADE KEROSENE.— ‘‘(2) part of a fractional ownership aircraft 2013, such term shall not include the use of For purposes of subparagraph (A), there shall program. any aircraft which is part of a fractional

VerDate Mar 15 2010 01:13 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.001 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 15, 2011 ownership aircraft program (as defined by following new sentence: ‘‘Unless otherwise jobs for pilots, flight attendants, me- section 4043(c)).’’. provided by this section, for purposes of this chanics, air travel controllers, and so (c) EXEMPTION FROM TAX ON TRANSPOR- paragraph for fiscal year 2012 or 2013, the many others. Manchester Airport alone TATION OF PERSONS.—Section 4261, as amend- amount available for making expenditures provides over 1,900 jobs. ed by this Act, is amended by redesignating for such fiscal year shall not exceed 90 per- The FAA legislation that is now be- subsection (j) as subsection (k) and by insert- cent of the receipts of the Airport and Air- ing after subsection (i) the following new way Trust Fund plus interest credited to fore us will accomplish the long over- subsection: such Trust Fund for such fiscal year as esti- due task of upgrading one critical com- ‘‘(j) EXEMPTION FOR AIRCRAFT IN FRAC- mated by the Secretary of the Treasury.’’. ponent of our aviation infrastructure, TIONAL OWNERSHIP AIRCRAFT PROGRAMS.—No (b) EFFECTIVE DATE.—The amendment the air traffic control system. It will tax shall be imposed by this section or sec- made by this section shall apply to fiscal upgrade the system to an efficient 21st- tion 4271 on any air transportation provided years beginning after September 30, 2011. century system called NextGen. before October 1, 2013, by an aircraft which is Mr. BAUCUS. I thank my friend from I do not think very many people real- part of a fractional ownership aircraft pro- West Virginia. He is a good man. ize that when they get into an air- gram (as defined by section 4043(c)).’’. Mr. ROCKEFELLER. I suggest the plane, the pilots and the air traffic con- (d) EFFECTIVE DATES.— trollers are using 20th-century tech- (1) SUBSECTION (a).—The amendments made absence of a quorum. by subsection (a) shall apply to fuel used The ACTING PRESIDENT pro tem- nology to navigate the skies. I was just after March 31, 2011. pore. The clerk will call the roll. at a meeting of the High Tech Council (2) SUBSECTION (b).—The amendment made The legislative clerk proceeded to in New Hampshire and having this con- by subsection (b) shall apply to uses of air- call the roll. versation with them. They did not real- craft after March 31, 2011. Mrs. SHAHEEN. I ask unanimous ize that that is the kind of aviation (3) SUBSECTION (c).—The amendments made consent that the order for the quorum system we use to fly our planes. by subsection (c) shall apply to taxable call be rescinded. So although our cell phones and cars transportation provided after March 31, 2011. The PRESIDING OFFICER (Mr. have GPS systems, our multimillion- SEC. 806. TERMINATION OF EXEMPTION FOR TESTER.) Without objection, it is so or- dollar airplanes use World War II era SMALL JET AIRCRAFT ON NON- ESTABLISHED LINES. dered. radar systems. The system we have (a) IN GENERAL.—the first sentence of sec- Mrs. SHAHEEN. Mr. President, I am now is inefficient. It wastes the time tion 4281 is amended by inserting ‘‘or when here to speak on the legislation that is and money of everyone involved in the such aircraft is a turbine engine powered air- pending before us. We all know this aviation industry. As Chairman ROCKE- craft’’ after ‘‘an established line’’. country faces big challenges. We face a FELLER has pointed out so many times, (b) EFFECTIVE DATE.—The amendment declining infrastructure that is critical even Mongolia has a more advanced air made by this section shall apply to taxable to our business. We need safe, reliable traffic control system than we do. That transportation provided after March 31, 2011. transportation if we are going to keep is unacceptable. SEC. 807. TRANSPARENCY IN PASSENGER TAX Not surprisingly, our outdated sys- DISCLOSURES. the flow of commerce moving. But as President Obama mentioned in his tem is at capacity. According to the (a) IN GENERAL.—Section 7275 (relating to FAA, delays resulting from the con- penalty for offenses relating to certain air- State of the Union Address, when line tickets and advertising) is amended— American engineers took a look at our straints on the system cost the United (1) by redesignating subsection (c) as sub- transportation infrastructure, they States over $9 billion every year. That section (d), gave us a ‘‘D’’ grade. That is not quite number is going to continue to rise if (2) by striking ‘‘subsection (a) or (b)’’ in failing, but it is certainly not very we do nothing. We need to take action. The FAA subsection (d), as so redesignated, and insert- good. ing ‘‘subsection (a), (b), or (c)’’, and forecasts that the aviation system will Our declining infrastructure threat- (3) by inserting after subsection (b) the fol- carry more than 1 billion airline pas- ens not only our safety but also our lowing new subsection: sengers annually by 2023. We cannot af- global economic competitiveness. ‘‘(c) NON-TAX CHARGES.— ford to let such an important part of America is falling behind economic ‘‘(1) IN GENERAL.—In the case of transpor- our 21st-century economy languish tation by air for which disclosure on the competitors such as Europe and China with 20th-century technology. ticket or advertising for such transportation which are making significantly more of the amounts paid for passenger taxes is re- By investing in NextGen, our air robust investments in their infrastruc- traffic controllers will finally have the quired by subsection (a)(2) or (b)(1)(B), if ture. In the United States, we cur- such amounts are separately disclosed, it 21st-century technologies they need to shall be unlawful for the disclosure of such rently spend about 2 percent of our make our system more efficient. Let amounts to include any amounts not attrib- GDP on infrastructure. That is a 50- me give an example of the progress utable to such taxes. percent decline since 1960. China and NextGen would make. Right now, air ‘‘(2) INCLUSION IN TRANSPORTATION COST.— Europe, on the other hand, spend close traffic controllers give all of their com- Nothing in this subsection shall prohibit the to 9 percent for China and 5 percent for mands to pilots over the radio. They inclusion of amounts not attributable to the Europe of their GDP respectively on in- tell them when and where they will be taxes imposed by subsection (a), (b), or (c) of frastructure. We need to make the kind landing. Now, because all of the pilots section 4261 in the disclosure of the amount of smart investments that will help paid for transportation as required by sub- in the area are listening, there is the section (a)(1) or (b)(1)(A), or in a separate keep America competitive. potential for miscommunication some- disclosure of amounts not attributable to That is why I am very glad we are times. Our pilots and controllers are such taxes.’’. moving forward with this bipartisan very professional. They do their jobs (b) EFFECTIVE DATE.—The amendments FAA reauthorization bill. It has been well. But sometimes people talk over made by this section shall apply to taxable almost 4 years since Congress passed each other and pilots hear the wrong transportation provided after March 31, 2011. an FAA bill, and in that time our eco- information. This system we currently SEC. 808. TAX-EXEMPT BOND FINANCING FOR nomic competitors have continued to have wastes time, and it puts the fly- FIXED-WING EMERGENCY MEDICAL invest in their 21st century aviation AIRCRAFT. ing public in jeopardy. Once NextGen is systems. (a) IN GENERAL.—Subsection (e) of section in place, controllers will be able to 147 is amended by adding at the end the fol- Airports are critical to commerce type a command and send it directly to lowing new sentence: ‘‘The preceding sen- and economic activity in all of our the plane. To all of us who use e-mail, tence shall not apply to any fixed-wing air- States. The major airport in my home this sounds pretty basic, but it is an craft equipped for, and exclusively dedicated State of New Hampshire, Manchester example of the kinds of upgrades that to providing, acute care emergency medical Airport, generates over $1.2 billion in are needed to make our aviation sys- services (within the meaning of 4261(g)(2)).’’ economic activity every year. Much of tem more efficient and safer. (b) EFFECTIVE DATE.—The amendment that comes from out-of-State residents By funding NextGen, this bill will made by this section shall apply to obliga- and foreign travelers. Without that air- tions issued after the date of the enactment bring our air traffic control system of this Act. port, without that air infrastructure, into the 21st century. NextGen will re- we would not be able to generate that SEC. 809. PROTECTION OF AIRPORT AND AIRWAY duce congestion by allowing planes to TRUST FUND SOLVENCY. kind of economic activity. The avia- fly more direct routes, it will conserve (a) IN GENERAL.—Paragraph (1) of section tion industry in New Hampshire and energy, and it will make flying safer 9502(d) is amended by adding at the end the across the country also provides good for everyone.

VerDate Mar 15 2010 01:13 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.001 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S713 Of course, some flight delays are un- the chairman of the committee, have would be fewer new flights into Wash- avoidable. We cannot control the been working diligently to try to re- ington National and there would be a weather, as we all know. But when solve this issue. It certainly is a thorny fair process with the incumbent car- delays cannot be avoided, we can make one, given the history of the Commerce riers who have paid such a lion’s share sure airlines are treating their cus- Committee and previous votes on this of the cost at the airport to keep it tomers fairly. That is another critical issue. competitive and fair. component of this legislation. That is For me, the issue is that I certainly So, with that, we will continue to why this bill includes the passengers’ do want access to the West, and I cer- discuss. We hope we will have an bill of rights. tainly want to make sure the Nation’s amendment that can be voted on, and I I cosponsored the passengers’ bill of Capital is accessible to all parts of the think it is imperative that we vote on rights after a businesswoman from country, but we also want to make sure this issue so there is a Senate position. Bedford, NH—a woman named Jennifer there is a fair process, that a decision Mr. President, I yield the floor. Shirkani—told me her stories of being to open access to National Airport is AMENDMENT NO. 58 stuck on tarmacs for hours without ac- run through the Department of Trans- The PRESIDING OFFICER. Under cess to food or water. These experi- portation in an FAA process, that we the previous order, there will now be 20 ences were so frustrating to Jennifer do not handpick here on the Senate minutes of debate equally divided on that she became a leader in the move- floor any of the people who would be the Nelson amendment No. 58. ment to get this legislation passed. Un- winners in this process but that we The Senator from Nebraska. fortunately, her stories have been all make the decision on how much access Mr. NELSON of Nebraska. Mr. Presi- too common in recent years. According is available. dent, the amendment which Senators to the Department of Transportation, I would say to my colleagues that the SCHUMER, AKAKA, SHAHEEN, TESTER— hundreds of thousands of passengers whole issue here about airports is that our Presiding Officer—WHITEHOUSE, have been stuck on a tarmac for more anytime you have a limited footprint, MENENDEZ, BILL NELSON of Florida, and than 3 hours. This bill will codify pro- you have had discussion about how to I have offered, which we will be voting tections put in place last year by the give access to that through a process of on shortly, is a commonsense approach Department of Transportation so we the FAA. to addressing the serious issue of pro- will not go back to the days when air- So I would say to my colleague, let’s tecting an individual’s privacy when lines left travelers on the tarmac. keep dialoguing and working on this they pass through security checkpoints I wish to commend Chairman ROCKE- issue. But a process and an amendment at airports and public buildings. FELLER and Ranking Member that includes conversion; that is to Nebraskans and Americans under- HUTCHISON for producing a strong bill, say, that a predominant carrier out of stand that every step must be taken to and I look forward to being able to sup- National Airport can continue to hold keep Federal buildings and air travel port this legislation with all of my col- that dominance in the marketplace, I safe in America, particularly after the leagues and pass it very soon so we can think is the wrong approach. I look at 9/11 attacks. However, as we promote upgrade our transportation system to what is happening now with what the security, safeguards are necessary to compete with the rest of the world. Department of Justice has said about protect everybody’s privacy from mis- Mr. President, I yield the floor. the Delta-US Air swap between New use of images generated by body scan- Mr. ROCKEFELLER. Mr. President, I York and DCA. It basically said they ning machines. suggest the absence of a quorum. have too much market share and they Our legislation sends a commonsense The PRESIDING OFFICER. The ought to divest if they want to engage message: We will not ignore people’s clerk will call the roll. in that kind of swap behavior. So any privacy as we make sure air travel and The assistant legislative clerk pro- kind of conversion process that would Federal buildings are safe. The amend- ceeded to call the roll. allow slots to be converted is like say- ment is very straightforward. Mrs. HUTCHISON. Mr. President, I ing, if you own real estate around the It would, No. 1, make it a crime to ask unanimous consent that the order Capitol, then you can buy more real es- photograph or record a body scan for the quorum call be rescinded. tate around the Capitol. image or distribute a body scan image, The PRESIDING OFFICER. Without So I hope we can come up with a taken at either an airport or any Fed- objection, it is so ordered. process that puts the FAA in charge of eral building, without express author- Mrs. HUTCHISON. Mr. President, we this, opens up how much access, but ization to do so either by law or regula- are working very hard to have an not make the decision here on the Sen- tion. amendment on the perimeter rule that ate floor; allow the FAA and DOT to do Second, it imposes a penalty of up to would accommodate all the concerns of their job, as they have on this issue in 1 year in prison and $100,000 fine on vio- western Senators who do not have easy the past. So at this point in time, I ob- lators. access to Reagan Washington National ject to the Senator’s proposal. Third, we provide an exception from Airport and the concerns of the Vir- The PRESIDING OFFICER. Objec- prosecution if the actions taken occur ginia Senators who are concerned tion is heard. while an individual is engaged in their about congestion and other Senators The Senator from Texas. official duties during the course of an from the Far West who want to try to Mrs. HUTCHISON. Mr. President, I authorized intelligence investigation have a better chance at a direct flight. ask unanimous consent to have 1 or criminal prosecution. This language, Senator ROCKEFELLER and I have minute to respond to the objection. which was worked out with officials at filed an amendment that we think is a The PRESIDING OFFICER. Is there the FBI and DNI, is important. This is fair approach. We did this because we objection? not an abstract concern. There has al- did not have enough consensus, and we Without objection, it is so ordered. ready been a case where these images are trying to drive that consensus. So I Mrs. HUTCHISON. Mr. President, the have been taken and posted on line in- would like to ask that the amendment reason for the conversions was to ac- appropriately. So it is my hope that by be brought up. It is our intention then commodate the needs of the Wash- creating a very strong deterrent and to set it aside for Senator NELSON’s ington National Airport people and to establishing criminal penalties for amendment, which is scheduled for a also understand that the incumbent those who take and distribute body vote. I have informed everyone that I carriers—of which there are four—have scan images inappropriately, we will am going to ask the Chair to call up mostly paid the lion’s share of the cost help prevent that from occurring amendment No. 84, the Rockefeller- of the additions to Washington Na- again. Hutchison amendment on the perim- tional Airport. By adopting this amendment, we are eter rule. We do want a fair process. That is telling our constituents we are not The PRESIDING OFFICER. Is there why we have separated the new en- going to ignore their privacy in the objection? trants, which would be five, to accom- process of making sure we have safe Ms. CANTWELL. Mr. President, re- modate carriers that have no presence airports and Federal buildings. serving the right to object, I know my but also have conversions of flights I ask my colleagues to support our colleagues, the ranking member and that are already in place, so there amendment.

VerDate Mar 15 2010 01:13 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.010 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S714 CONGRESSIONAL RECORD — SENATE February 15, 2011 AMENDMENT NO. 85, AS MODIFIED, TO As everyone knows, late last year the The PRESIDING OFFICER. Without AMENDMENT NO. 58 TSA began installing full-body ad- objection, it is so ordered. Mr. NELSON of Nebraska. Mr. Presi- vanced imaging scanners at airports Mr. NELSON of Nebraska. Mr. Presi- dent, I call up my second-degree across the country. These new scanners dent, I ask unanimous consent to add amendment No. 85 which is at the desk are better able to quickly and accu- Senator BILL NELSON of Florida to and ask unanimous consent that it be rately detect explosives than the older amendment No. 58 as an original co- modified with the changes that are at scanners and would likely have thwart- sponsor. the desk. ed the Christmas Day bomber before he The PRESIDING OFFICER. Without The amendment is as follows: had even gotten on the plane. objection, it is so ordered. Beginning on page 2 of the amendment, But from the get-go, legitimate ques- Mr. NELSON of Nebraska. I note the strike line 18 and all that follows through tions popped up about the potential for absence of a quorum. page 3, line 21, and insert the following: privacy violations from the use of The PRESIDING OFFICER. The ‘‘(b) EXCEPTION.—The prohibition under these scanners. What happens if a subsection (a) shall not apply to an indi- clerk will call the roll. rogue TSA employee disseminates your The assistant legislative clerk pro- vidual who, while engaged in or on account full-body image? What happens if a fel- of the performance of official duties, distrib- ceeded to call the roll. low passenger or reporter takes pic- utes, photographs, or otherwise records an Mr. ROCKEFELLER. Mr. President, I image described in subsection (a) during the tures of body scan images with his ask unanimous consent that the order course of authorized intelligence activities, a phone and e-mails it to his friends or for the quorum call be rescinded. places the pictures on a Web site or in Federal, State, or local criminal investiga- The PRESIDING OFFICER. Without a newspaper? Are there safeguards to tion or prosecution, or other lawful activi- objection, it is so ordered. ties by Federal, State, or local authorities, prevent such abuses? If it happens, Mr. ROCKEFELLER. Mr. President, I including training for intelligence or law en- what are the consequences? forcement purposes. Obviously, airline safety is our para- wish to say, very briefly, that I strong- ‘‘(c) PENALTY.—An individual who violates mount concern. We can oftentimes, by ly support the Nelson amendment for a the prohibition in subsection (a) shall be carefully legislating, have our cake whole variety of reasons, all of which fined under this title, imprisoned for not and eat it too—to make sure safety are very logical, extremely well or- more than 1 year, or both. stays No. 1, but to also make sure, as dered, and which I do not have time to ‘‘(d) ADVANCED IMAGING TECHNOLOGY DE- give. FINED.—In this section, the term ‘advanced the Senator from Nebraska and I are imaging technology’— trying to do, that privacy is protected The yeas and nays have been ordered. ‘‘(1) means a device that creates a visual whenever possible. That is why Senator Perhaps we can proceed with the vote. image of an individual showing the surface of NELSON and I teamed up to work with The PRESIDING OFFICER. The Sen- the skin beneath clothing and revealing TSA and privacy advocates to devise a ator from Texas. other objects on the body that are covered sensible solution to the problem—a so- Mrs. HUTCHISON. Mr. President, I by clothing; lution that would protect privacy with- too wish to say I support the Nelson ‘‘(2) may include devices using backscatter out sacrificing safety. amendment and appreciate his working x-rays or millimeter waves and devices re- The legislation we came up with, with the Intelligence Committee and ferred to as ‘whole-body imaging technology’ or ‘body scanning’; and which Senator NELSON is now offering the Judiciary Committee to assure all ‘‘(3) does not include a device equipped as an amendment to the FAA bill, the bases are covered. I will be sup- with software that produces a generic rep- strikes just the right balance. First porting it as well. resentation of the human form instead of a and foremost, the amendment makes it The PRESIDING OFFICER. The visual image of an individual.’’. a Federal crime to record and dissemi- question is on agreeing to amendment The PRESIDING OFFICER. Under nate images from airport scanners. It No. 58, as amended. The yeas and nays the previous order, the second-degree provides a sentence of up to 1 year in have been ordered. amendment, as modified, is agreed to. prison and a fine of up to $100,000 per The clerk will call the roll. (The amendment (No. 85), as modi- violation to anyone who is convicted of The legislative clerk called the roll. fied, was agreed to. violating the law. Mr. DURBIN. I announce that the Mr. NELSON of Nebraska. Mr. Presi- I should note the amendment not Senator from Massachusetts (Mr. dent, I ask my colleagues to support only covers the misuse of the original KERRY) and the Senator from Arkansas our amendment, and I ask for the yeas images recorded from the scanners but (Mr. PRYOR) are necessarily absent. and nays. I believe other colleagues are also photographs of scans taken by se- The PRESIDING OFFICER. Are there here to respond. curity personnel, airline employees, any other Senators in the Chamber de- The PRESIDING OFFICER. Is there a passengers, or anybody else. siring to vote? Americans want to know when they sufficient second? The result was announced—yeas 98, take to the skies that every possible There appears to be a sufficient sec- nays 0, as follows: precaution has been taken for their ond. [Rollcall Vote No. 16 Leg.] The yeas and nays were ordered. safety. At the same time, they want to YEAS—98 Mr. NELSON of Nebraska. Mr. Presi- know that precautions have been taken dent, I believe other colleagues are to ensure their privacy. The amend- Akaka Crapo Lee Alexander DeMint Levin here to speak. I notice Senator SCHU- ment would offer the flying public that much-needed assistance. Ayotte Durbin Lieberman MER is here. I appreciate very much his Barrasso Ensign Lugar Again, I applaud Senator NELSON, support. Working together very care- Baucus Enzi Manchin who is a member of the Emerging Begich Feinstein McCain fully with total collaboration, we have Threats and Capabilities Sub- Bennet Franken McCaskill been able to, with our colleagues, bring Bingaman Gillibrand McConnell committee, for his leadership on this Blumenthal Graham Menendez about what I think is important pri- issue. I urge my colleagues to support vacy legislation. Blunt Grassley Merkley the smart, practical amendment we are Boozman Hagan Mikulski I yield the floor. offering today, and I urge that it be Boxer Harkin Moran The PRESIDING OFFICER. The Sen- Brown (MA) Hatch Murkowski passed as quickly as possible by this Brown (OH) Hoeven Murray ator from New York. body. Mr. SCHUMER. Thank you, Mr. Burr Hutchison Nelson (NE) Mr. President, I yield the floor, and I Cantwell Inhofe Nelson (FL) President. note the absence of a quorum. Cardin Inouye Paul First I wish to congratulate my good The PRESIDING OFFICER. The Carper Isakson Portman friend and hunting buddy, the Senator Casey Johanns Reed clerk will call the roll. Chambliss Johnson (SD) Reid from Nebraska, for the great work he The assistant legislative clerk pro- Coats Johnson (WI) Risch has done. It has been a pleasure to ceeded to call the roll. Coburn Kirk Roberts work with him. We have had parallel The PRESIDING OFFICER. The Sen- Cochran Klobuchar Rockefeller interests and his amendment hopefully Collins Kohl Rubio ator from Nebraska. Conrad Kyl Sanders will solve a problem that has arisen Mr. NELSON of Nebraska. Mr. Presi- Coons Landrieu Schumer lately because of the full-body scanners dent, I ask unanimous consent that the Corker Lautenberg Sessions that are being installed at airports. order for the quorum call be rescinded. Cornyn Leahy Shaheen

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.012 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S715 Shelby Toomey Webb from FreedomWorks, one from the Na- urge you to vote ‘‘Yes’’ on Senator John Snowe Udall (CO) Whitehouse tional Taxpayers Union, and another is McCain’s amendment to S. 223, the Federal Stabenow Udall (NM) Wicker Aviation Administration (FAA) Reauthoriza- Tester Vitter from the Citizens Against Government Wyden tion Bill. Approving this amendment, which Thune Warner Waste. would repeal the Essential Air Service (EAS) I ask unanimous consent they be NOT VOTING—2 program, is an ideal way for the Senate to Kerry Pryor printed in the RECORD. demonstrate its commitment toward elimi- There being no objection, the mate- The amendment (No. 58), as amended, nating low-priority expenditures and begin- rial was ordered to be printed in the ning to restore fiscal responsibility to the was agreed to. RECORD, as follows: federal budget. The PRESIDING OFFICER. Under FREEDOMWORKS, Created in 1978 as a 10-year venture that the previous order, the motion to re- Washington, DC, February 14, 2011. consider is considered made and laid would ease the transition to a more market- DEAR SENATOR, On behalf of over a million driven commercial aviation sector, EAS has, upon the table. FreedomWorks members nationwide, I urge like many other federal programs, engen- VOTE EXPLANATION you to vote YES on Sen. McCain’s (R–Ariz.) dered constituencies that have kept the pro- ∑ Mr. KERRY. Mr. President, I was amendment to S. 223 the Federal Aviation gram alive far beyond any demonstrable pur- necessarily absent for the vote on Nel- Administration (FAA) Air Transportation pose. Indeed, NTU questioned the need for Modernization and Safety Improvement Act son of Nebraska amendment No. 58, as EAS in the first place, given the fact that ro- which would eliminate the Essential Air bust and competitive air services would ful- amended, to the FAA reauthorization Service (EAS). The EAS was created in the bill. If I had attended today’s session, I fill consumers’ needs more efficiently than 1970’s to help a small number of rural com- any government subsidization scheme. Un- would have voted in support of that munities retain access to air service after fortunately, many of the taxpayers’ worst amendment.∑ airline deregulation. Like so many other fears about EAS have come true. The pro- The PRESIDING OFFICER. The Sen- government programs, Congress initially en- gram now operates in more than 100 areas of ator from West Virginia. acted it to be a relatively small and tem- the country, even as air travelers’ choices Mr. ROCKEFELLER. Mr. President, I porary ten year program costing several mil- are numerous. In fact, the Government Ac- ask unanimous consent that at 2:15 lion dollars annually. However, the needless countability Office concluded in 2009 that program has continued for 23 years while many Americans are shunning EAS-sub- p.m. on this day there be 20 minutes of costing taxpayers $200 million every year. debate equally divided in the usual sidized flights and airports in favor of lower- Along with many fiscally conservative cost fares offered at hubs that are still rea- form on the Wicker amendment prior groups, even the Government Accountability sonably accessible by automobile. This free- to the vote in relation to the Wicker Office (GAO) questioned the usefulness of the market evolution can be encouraged by eas- amendment, and that the remaining EAS by stating ‘‘current conditions raise ing tax and regulatory burdens on airlines provisions of the previous order remain concerns about whether the program can and customers. continue to operate as it has . . . the growth in effect. Just as other federal transportation pro- The PRESIDING OFFICER. Is there of air service especially by low-cost carriers—weighted against the relatively high grams like Amtrak pour tax dollars into un- objection? fares and inconvenience of EAS flights.’’ Los profitable and low-traveled routes which Without objection, it is so ordered. Angeles Times reports that taxpayers are consumers bypass out of preference for other f forced to subsidize airline service to small commercial alternatives, EAS seems to oper- communities at a loss. Most of the money ate more out of satisfying political consider- RECESS provides service to rural airports with fewer ations than addressing any perceived market The PRESIDING OFFICER. Under than 30 passengers a day. defects. Your colleague Senator Coburn pro- the previous order, the Senate will The ESA is a prime example of wasteful vided a vivid illustration of these flaws in a report, Wastebook 2010, late last year: stand in recess until 2:15 p.m. spending. A graph produced by the FAA Thereupon, at 12:30 p.m., the Senate shows that 99.95 percent of all Americans The cities of Macon and Athens, Georgia live within 120 miles of a major public air- are both less than a 90-minute drive from At- recessed until 2:15 p.m. and reassem- port. Airports should operate where there bled when called to order by the Pre- lanta’s Hartsfield-Jackson International air- are consumers to support such an airport. port. Despite this, the U.S. Department of siding Officer (Mr. WEBB). Taxpayers should not be forced to subsidize Transportation subsidized 26 flights per week f rural airports with too little demand to jus- to and from each city at a clip of $464 per tify their existence. I urge you to repeal the FAA AIR TRANSPORTATION MOD- passenger for Macon and $135 for Athens. EAS to save taxpayers $1 billion over the Passengers pay $39 each for a seat on the 50- ERNIZATION AND SAFETY IM- next five years. It’s a step in the right direc- minute flight. . . . The local newspaper re- PROVEMENT ACT—Continued tion to cut excessive spending wherever we ports that the Macon [service] averaged 10 The PRESIDING OFFICER. The Sen- find it. passengers a day, while Athens averaged 12 This, however, is a modest step and should ator from Arizona. EAS-subsidized flights. By law, the Depart- be easily supported by anyone serious about ment of Transportation subsidies are capped Mr. MCCAIN. Mr. President, I ask reining in the federal government. In order at $200 for flights to airports less than 210 unanimous consent I speak on my to produce even more savings, Congress miles from a large or medium hub, which At- amendment and ask the time not be should look into privatizing airports to allow lanta is. counted or charged from either side. private capital to flow in. Many other countries have successfully and fully privatized EAS’s justification may always have been The PRESIDING OFFICER. Without dubious, but in today’s fiscal environment objection, it is so ordered. some of their airports including Britain, Italy and Australia. The private sector has its continued existence is even less defen- AMENDMENT NO. 4 produced more efficient airports which have sible. The savings at stake from passage of Mr. MCCAIN. Mr. President, a few led to an increase in airport revenue. The the McCain Amendment—$200 million—cer- days ago I offered an amendment that privatization of airports has been beneficial tainly won’t erase the current fiscal year’s would eliminate the Essential Air for consumers, airlines and taxpayers. projected $1.5 trillion deficit, but if the Sen- ate cannot eliminate this blatant example of Service Program, which is at least au- We will count your vote on Sen. McCain’s amendment to the FAA Air Transportation low-priority spending, taxpayers will have thorized in this bill at about $200 mil- every right to question Congress’s sincerity lion. I had no idea we would approach Modernization and Safety Improvement Act as a KEY VOTE when calculating the in the vital endeavor of bringing the budget the end of Western civilization as we FreedomWorks Economic Freedom Score- back under control. know it if we eliminated this obviously card for 2011. The Economic Freedom Score- NTU has expressed concerns over several outdated and unnecessary $200 million card is used to determine eligibility for the portions of the FAA bill, including the of the taxpayers’ money. Jefferson Award, which recognizes members threat of higher Passenger Facility Charges I am reminded of a comment once of Congress with voting records that support and a lack of progress in moving toward a made by President Ronald Reagan. To economic freedom. private sector-driven model for air traffic paraphrase what he said: The closest Sincerely, control. Senator McCain’s proposal provides thing to eternal life here on Earth is a MATT KIBBE, a key opportunity to break from the tax- government program. There is nothing President and CEO. and-spend philosophy that has dominated past FAA legislation and to recognize the that illustrates that point more than NATIONAL TAXPAYERS UNION, role of commercial aviation in America’s the Essential Air Service Program. Alexandria, VA, February 15, 2011. economic recovery. Once again, NTU asks I ask unanimous consent that three DEAR SENATOR: On behalf of the 362,000- that you support the McCain Amendment; letters be printed in the RECORD. One is member National Taxpayers Union (NTU), I roll call votes pertaining to this measure

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.003 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S716 CONGRESSIONAL RECORD — SENATE February 15, 2011 will be significantly weighted in our annual Then, of course, the Citizens Against to my colleagues, if we are serious, if Rating of Congress. Government Waste points out that: we are serious about cutting spending Sincerely, Congress cannot continue on a spending and going about making tough deci- PETE SEPP, rampage while ignoring the nation’s balance sions, this is an easy decision. If we Executive Vice President. sheets. vote against my amendment, if the ma- COUNCIL FOR CITIZENS AGAINST Probably the loudest complaints jority votes against my amendment to GOVERNMENT WASTE, have been from the State of Alaska, a eliminate essential air service, the Washington, DC, February 11, 2011. State I love and enjoy. There is a great message to the American people as of U.S. Senate, article that appeared in an Alaskan November 2 is, we aren’t serious. We Washington, DC. newspaper. It is called ‘‘Self-Sustain- aren’t serious. If we can’t eliminate a DEAR SENATOR, Senator John McCain (R– Ariz.) recently introduced Amendment #4 to ability—Is it time for Alaska to grow program like this, how can we make S. 223, the FAA Air Transportation Mod- up?’’ the tough decisions that are coming? ernization and Safety Improvement Act. Among other things I didn’t know The yeas and nays have been ordered. Senator McCain’s amendment would repeal a about is: I hope we will have a vote as soon as $200 million government subsidy for the Es- While the nation faces a $14 trillion fiscal reasonably possible, and I look forward sential Air Service. On behalf of the more hole and Congress is looking to tighten its to the continued debate on this issue than one million members and supporters of belt, it’s inevitable that Alaska is going to which seems to have created quite a the Council for Citizens Against Government feel some of the pain. large degree of controversy throughout Waste (CCAGW), I urge you to support this But what is interesting is that the the country. amendment. Federal spending has ballooned out of con- State of Alaska, he goes on to state, I yield the floor. trol and taxpayers are bracing themselves as has ‘‘$12 billion in reserves and another AMENDMENT NO. 14, AS MODIFIED the nation rapidly approaches its statutory $40 billion banked away in the perma- The PRESIDING OFFICER. Under $14.3 trillion debt limit. Yet, Congress con- nent fund.’’ the previous order, there will be 20 tinues to fund wasteful and unnecessary pro- Wow. I don’t know of another State minutes of debate equally divided prior grams. The Essential Air Service was created in the Union that is that well off. He, to a vote in relation to amendment No. in 1978 to subsidize airline carriers that pro- Andrew Halcro, goes on to say: vide service to small communities. Origi- 14 offered by the Senator from Mis- nally funded at $7 million, the program has We Alaskans fancy ourselves as rugged in- sissippi, as modified. since grown to cost taxpayers $200 million, dividualists, who are quick to eschew the The Senator from Mississippi. subsidizing a dozen airline carriers in more long arm of the federal government and Big Mr. WICKER. Mr. President, under than 100 communities. Brother. However our actions sometimes the previous order I yield 4 minutes to Ironically, this air service program is any- don’t match our rhetoric. the Senator from Maine, Ms. COLLINS. thing but essential, as 99.95 percent of Amer- He goes on: The PRESIDING OFFICER. The Sen- icans live within 120 miles of a public airport What about the amendment to eliminate ator from Maine is recognized. that accommodates more than 10,000 take- essential air service subsidies in small rural Ms. COLLINS. Mr. President, I am offs and landings each year. CCAGW has been communities throughout Alaska? Currently pleased to be a cosponsor of the amend- a long-time proponent of eliminating fund- the feds subsidize air service to more than 44 ing for worthless, money-draining airports ment of Senator WICKER to provide ad- communities to the tune of $12 million per ditional workforce protections for that have long been protected under the Es- year. sential Air Service. One such egregious ex- Transportation Security Officers while ample is the John Murtha Johnstown- The author goes on to say: at the same time ensuring the manage- Cambria ‘‘Airport for No One.’’ This airport Is it really the federal government’s role to ment flexibility that is vital to the services fewer than 30 people per day, yet it subsidize air service to Rampart, a commu- operational efficiency of the TSA, and has received more than $1.3 million under nity with 15 people? thus the security of the American peo- this program. This is hardly an efficient use An interesting question. He goes on ple. Instead of dramatically changing of taxpayer dollars, especially when the gov- to say: ernment is facing a record-breaking $1.5 tril- the TSA personnel system in a way We’ve known this day was coming but have lion budget deficit. that could interfere with TSA’s ability The Essential Air Service program has done little to prepare our communities for it. to carry out its essential mission, as been repeatedly cited in CAGW’s Prime Cuts, We have continued to live in a subsidized the administration plans, we should, world, where one of the biggest issues so far a proprietary database comprised of 763 rec- instead, make some targeted but im- ommendations that would save taxpayers this legislative session has been a debate over suspending Alaska’s measly gas tax. portant reforms in the system to en- $350 billion in the first year and $2.2 trillion sure that TSA employees are treated over five years. ... Congress cannot continue on a spending This past week, Alaska Senator Mark fairly. rampage while ignoring the nation’s balance Begich, in response to the announced ban on First, we should bring TSA employ- sheets. Senator McCain’s amendment would earmarks stated, ‘‘I have said many times ees under the Whistleblower Protection cut a profligate, indefensible government Alaska is a young State with many needs, Act, which safeguards the rights of program that Americans do not need and and we deserve our fair share of Federal whistleblowers throughout the Federal taxpayers simply cannot afford. All votes on funding to develop our resources and our infrastructure.’’ Government. Amendment #4 to S. 223 will be among those Second, we should give TSA workers considered in CCAGW’s 2011 Congressional The author goes on to say: the right to an independent appeal of Ratings. While I would absolutely agree that federal Sincerely, adverse personnel actions—for exam- policies have restricted Alaska’s ability to ple, a demotion would qualify. What we THOMAS SCHATZ, develop its vast resources, the ‘‘young state’’ President. argument has been used for decades to jus- are proposing is that a TSA employee Mr. MCCAIN. FreedomWorks says: tify growing demands on the Federal budget so affected would be able to appeal to The ESA is a prime example of wasteful for things like the Denali Commission and the Merit Systems Protection Board. spending. A graph produced by the FAA earmarks for controversial bridges. Third, we should make clear that shows that 99.95 percent of all Americans This year Alaska turns 52, so arguably we TSA members can, in fact, join a live within 120 miles of a major public air- are not kids anymore. Is it time for us to union. That is a different issue from port. Taxpayers should not be forced to sub- grow up? collective bargaining. So our amend- sidize rural airports with too little demand Is it time for all of us to grow up and ment specifically provides that we are to justify their existence. I urge you to re- eliminate these Federal programs that not depriving employees of that peal the EAS to save taxpayers $1 billion cost billions of dollars of the tax- choice—which they have right now. over the next 5 years. payers’ money, which originally may I have just received a letter from The National Taxpayers Union cites: have—and I emphasize ‘‘may have’’—in former TSA Administrator Kip Hawley, The cities of Macon and Athens, Georgia 1978, when we deregulated the airlines, who was extremely well regarded and are both less than a 90-minute drive from At- have had a legitimate reason? Obvi- served as the head of TSA for 4 years. lanta’s Hartsfield-Jackson International Air- port. Despite this, the U.S. Department of ously, it does not anymore. He expresses support for the amend- Transportation subsidized 26 flights per week I look forward to the fact that our ment that Senator WICKER and I are of- to and from each city at a clip of $426 per conservative organizations are all judg- fering. Mr. Hawley knows firsthand passenger from Macon and $135 for Athens. ing these as a key vote. I also point out how important it is for TSA to have

VerDate Mar 15 2010 03:55 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.007 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S717 the flexibility in order to respond resolution of these issues could rest with an The PRESIDING OFFICER. The Sen- quickly and effectively to changing arbitrator with no direct knowledge of secu- ator from Iowa. conditions, to emerging threats, to new rity issues, intelligence, and transportation security. This could result in the very thing Mr. HARKIN. Mr. President, I yield intelligence, and to impending crises. I that TSA does not want, and that is to place myself 5 minutes, if I can. note this is not theoretical. TSA has the performance of TSA’s security mission in I listened carefully to the statement used this authority in the past. the hands of someone who neither has the In 2006, for example, TSA had to re- expertise to make these decisions, nor is ac- of my friend, the Senator from Maine. spond virtually overnight to the liquids countable to them. Frankly, I wonder if we are in parallel plot to blow up airplanes that origi- Secondly, the decision document drives a worlds and we are talking about the nated in Great Britain. Overnight, TSA stake through the heart of what makes risk- same thing but in a different context. based security work: meaningful perform- My friend, the Senator from Maine, had to retrain its workers and redeploy ance-based incentives. The decision here uses them to different airports. This is not seems to be ignoring the very careful the words ‘‘high performance,’’ ‘‘engaged,’’ limitations that TSA has placed on col- a theoretical concern. describes an organization that ‘‘truly values Another example was the blizzard and promotes initiative,’’ and vows that selective bargaining rights. For example, that occurred in Denver, where TSA curity will not be compromised. This deci- under the provisions of TSA, the trans- screeners had to be flown in from an- sion, however, imposes a wall between a portation security officers cannot bar- other city to cover the shifts of TSA TSO’s job performance and pay incentives. gain over pay. Cash incentives are effective motivators to employees at that airport. This kind of officers who are willing to be accountable They cannot bargain over pay. They management flexibility was also used and base their personal success on good secu- cannot bargain over deployment proce- in the wake of the gulf coast hurri- rity results—something air travelers should dures—who works where. The Senator canes when there were massive evacu- want very much. ‘‘The performance manage- mentioned the incident involving Great ations. ment process’’ is explicitly included among Britain; they had to train people over- In his letter, Mr. Hawley states that the issues subject to collective bargaining, night. Well, they cannot bargain on although TSA’s recent determination but at the same time in the next section, training either. That is not part of the states that security policies and proce- ‘‘pay and policies affecting pay’’ are specifically excluded. In other words, this decision bargaining rights they would have. dures will not be issues subject to col- means that better performance does not The Senator mentioned about the de- lective bargaining, the dividing line be- mean better pay. The union will bargain to ployment of people to Denver because tween security and nonsecurity prac- define ‘‘performance,’’ probably seniority- of a blizzard. Well, deployment proce- tices ‘‘is not a bright one.’’ based, and TSA agrees not to use cash incen- dures, who works where, is not again He makes the same point that former tives to motivate employees’ performance. subject to collective bargaining. Emer- Homeland Security Secretary Chertoff For an agency that depends on its security gency response measures, that was the made the last time we debated this officers to constantly adjust and improve one dealing with Great Britain. On issue, and that is defining what is and their skills so that they are prepared for ever-changing terrorist tactics, this dis- emergency response measures, who what is not subject to collective bar- connect between pay and performance could goes where, how long they have to be gaining undoubtedly will be subject to be disastrous. there for an emergency response, is not subsequent litigation. TSA has a robust pay-for-performance sys- negotiable. It is not part of the collec- He further notes: tem in place today and those who perform tive bargaining agreement. The resolution of these issues could rest their security duties better get significant with an arbitrator with no direct knowledge bonuses and pay raises. Reversing the logic So I am at a loss to understand what of security issues, intelligence, and transpor- to de-link pay incentives from job perform- the Senator from Maine was talking tation security. [This could] place the per- ance can only sap the energy of TSOs who about. They cannot bargain over emer- are motivated to be actively engaged, use formance of TSA’s security mission in the gency response procedures, deploy- hands of someone who neither has the exper- initiative, and strive to achieve high performance team objectives. That cannot be ments or other security issues. So, tise to make these decisions, nor [a person again, this is not something that is who] is accountable for them. good for security, or performance of any kind. part of the collective bargaining agree- I ask unanimous consent the entire There are many other issues worthy of dis- ment. letter be printed in the RECORD. cussion, but these cut across philosophy and There being no objection, the mate- politics and gets to the issue of the security Last week, the Transportation Secu- rial was ordered to be printed in the of the flying public. Action is needed now to rity Administration said—the Adminis- RECORD, as follows: stop the imposition of this flawed decision trator, John Pistole, testifying before on TSA’s fine workforce and all of us who de- the House subcommittee, said that the FEBRUARY 15, 2011. pend on them. Hon. SUSAN M. COLLINS, employee morale is a security issue— Respectfully, Ranking Member, Senate Committee on Home- employee morale. Why did he say that? KIP HAWLEY, land Security and Governmental Affairs, A recent survey ranked TSA 220 out of TSA Administrator, 2005–2009. Washington, DC. 224 Federal employers as the best place DEAR SENATOR COLLINS, I am writing in The PRESIDING OFFICER. The Sen- to work. In other words, 224 would be ator has used her time. support of the Amendment to S. 223 offered the worst place to work in the Federal Ms. COLLINS. I urge our colleagues by you, Senator Wicker, and others that Government. TSA was rated at 220. would exclude Transportation Security Ad- to support this amendment. I think it ministration employees from collective bar- is a balanced approach that will give They have a high turnover rate, they gaining. these employees more rights than they have a high injury rate, and extremely This issue has a long history and the argu- currently have without interfering low morale. ments are well known, so I will focus on two with the essential mission of this law So what we are trying to do is give specific elements of the administration’s re- them that boost in morale. Here is cently released policy on collective bar- enforcement agency. gaining for Transportation Security Officers: The PRESIDING OFFICER. The Sen- what the TSA Administrator said last (1) inherent ambiguity in the definition of ator from Mississippi. week: Mr. WICKER. Mr. President, do I un- security activities; and (2) the issue of per- The safety of the traveling public is our formance management. derstand I have 6 minutes remaining? top priority, and we will not negotiate on se- TSA’s memorandum states that collective The PRESIDING OFFICER. The Sen- curity. But morale and employee engage- bargaining will be ‘‘within a framework ator has 4 minutes 4 seconds. ment cannot be separated from achieving su- unique to TSA that does not adversely im- Mr. WICKER. I was under the impres- perior security. pact the resources and agility necessary to sion I had yielded 4 minutes to the Sen- protect the security of the traveling public.’’ ator from Maine. While some of my colleagues have It further states that within this framework, The PRESIDING OFFICER. Would suggested that providing collective ‘‘security policies and procedures,’’ or ‘‘in- the majority object to the Senator bargaining rights could jeopardize se- ternal security practices’’ will not be issues curity, nothing could be further from subject to collective bargaining. Given that from Mississippi taking 6 minutes? security practices and procedures frequently Without objection, it is so ordered. The the truth. Unionized security personnel change, this dividing line is not a bright one Senator has 6 minutes. are just as effective, dedicated, and and will likely be the subject to collective Mr. WICKER. I will reserve the re- willing to put their lives on the line in bargaining and subsequent litigation. The mainder of my time. an emergency.

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.020 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S718 CONGRESSIONAL RECORD — SENATE February 15, 2011 I point out, for example, Border Pa- sor also. The Wicker amendment has policies for transfers. It allows collec- trol personnel have collective bar- everything to do with public safety. It tive bargaining for shift training, as gaining rights. Immigration and Cus- has everything to do with preventing my friend from Iowa just acknowl- toms officials have collective bar- excessive litigation when it comes to edged. All of these are going to make gaining rights. Our Capitol police offi- the definitions of the roles of our TSA the TSA less flexible and less efficient cers who protect us have collective bar- workers. It has everything to do with in going about their business of pro- gaining rights. Why should TSOs be preventing increased deficits here in tecting America. any different? To suggest that union- the United States and in the Federal I would close by saying this: There is ized security personnel are somehow Government. a budget debate also. At the other end less effective, less dedicated, less will- For that reason, groups that support of this building, we are having hour ing to put their lives on the line in an the Wicker amendment today and urge after hour of debate about how to keep emergency I believe is an insult to an ‘‘aye’’ vote include the Heritage this deficit from ballooning, how to every man and woman in uniform in Foundation, the Workforce Fairness keep the cost of government from this country who works under a collec- Institute, and Americans for Tax Re- going up. tive bargaining agreement. form. Does anybody think that allowing I only need to remind everyone, re- Just a little history for those who collective bargaining for 50,000 addi- member 9/11. Remember that image of have not followed this debate over the tional Federal employees is going to all the people in New York running last several days. Currently, TSA em- cut the cost of the Federal Govern- away from those towers as they came ployees are not allowed to collectively ment? down, the thousands of people running bargain. That has been the policy of The PRESIDING OFFICER. The Sen- away from that calamity, and the pic- the Federal Government since the in- ator has consumed 5 minutes. Mr. WICKER. I yield myself 1 addi- ture was of other people running into ception of the Transportation Security tional minute. Administration. For a decade, TSA em- it—our police, our firefighters, our The PRESIDING OFFICER. Without ployees have not been allowed to col- emergency personnel, who not only objection, it is so ordered. risked their lives but gave their lives lectively bargain. Mr. WICKER. What is happening out to help save people in that tragedy. Their rights and considerations and in the States? State after State after Every single one of them, every fire- morale issues have been taken care of State is facing bankruptcy, and a large fighter, every policeman, the emer- in other ways. Since the creation of part of it is the cost of government gency personnel, were all union people, TSA, its employees have been treated brought on by employee union con- belonged to a union with collective similar to those in the FBI, the CIA, tracts. That is just a fact. State after bargaining rights. Yet look at what and the Secret Service, for purposes of State, Governor after Governor, they they did during that emergency. collective bargaining. In fact, in a 2003 are coming to Washington, DC and say- So, again, I think it is important to memo, the Under Secretary of Trans- ing: We are going to have to do some- add that under this agreement, they portation for Security, which is now thing about this. We are going to have get limited collective bargaining the TSA Administrator, prohibited break these contracts and save us from rights. They cannot bargain over secu- TSA security screeners from union- financial ruin. rity procedures and policies, deploy- izing with collective bargaining rights. At a time when Governors are mov- ment, disciplinary standards or ‘‘any The Under Secretary at the time ing in that direction and trying to get action deemed necessary by the admin- made this decision ‘‘in light of their out from under these public employee istrator or his or her designees to carry critical national security responsibil- collective bargaining agreements, out the agency mission during emer- ities.’’ That has been the regime under would it not be the height of irrespon- gencies.’’ which we have operated the TSA for sibility, would it not be the height of They cannot negotiate on that. So, the entire existence of the agency. irony for the Federal Government to go again, we just want to help raise the Now, however, the Obama adminis- in the other direction? morale there, to give these people bar- tration is intent on dolling out rewards Vote for the Wicker amendment and gaining rights so—— to campaign supporters and they are save the taxpayers the additional The PRESIDING OFFICER. The Sen- moving to reverse this decades-long de- money it will take to move to collec- ator has consumed 5 minutes. cision and to allow TSA workers to col- tive bargaining. Mr. HARKIN. I yield myself 1 addi- lectively bargain. My amendment The PRESIDING OFFICER. The Sen- tional minute. would prevent that and, as I say, would ator’s time has expired. The PRESIDING OFFICER. Without keep the TSA employees under the Ms. MIKULSKI. Mr. President, I rise objection, it is so ordered. same restrictions as the FBI, CIA, and to speak against the Wicker amend- Mr. HARKIN. Here is what they can Secret Service. ment. This is the Republican’s first of bargain on: grievance procedures—that Senator COLLINS, in her modification what I worry will be a sustained attack helps on morale—nonemergency sched- to my amendment, provided some very in the 112th Congress against Federal uling—that helps on morale—awards important safeguards. It allows TSA employees. and recognitions, uniforms, bidding on workers to be under the Merit Systems As the Senator from Maryland and shifts and procedures used for how they Protection Board. It also provides for Maryland, I represent more than bid on shifts—who gets the 2 a.m. shift, Whistleblower Protection Act protec- 130,000 Federal employees. These men who gets the 7 a.m. shift—all non- tions for TSA employees. and women are dedicated and duty emergency types of situations. We are told our concerns about safe- driven. They are on the frontlines pro- This will help give them better mo- ty have been taken care of because the tecting America every day securing our rale and will help in terms of ensuring agreement or the decision by the TSA borders inspecting our food, and per- security. Do not take my word for it. Administrator says we cannot have forming critical health research. They Take the Administrator’s word for it, collective bargaining over other secu- deserve a decent wage, safe working Administrator John Pistole, who said rity issues. It named several, and then conditions and our thanks and respect. this will help ensure the safety of the it says ‘‘other security issues.’’ What This amendment would deny TSA traveling public. does that mean? workers the collective bargaining I reserve the remainder of our time. Well, that is what the former Admin- rights that many other employees at The PRESIDING OFFICER. The Sen- istrator was talking about in the letter DHS currently have, including the Bu- ator from Mississippi. to Senator COLLINS. This is going to re- reau of Prison Guards, Customs and Mr. WICKER. Mr. President, I yield quire litigation to determine what Border Protection, and the Capitol Po- myself 5 minutes. ‘‘other security issues’’ are. I will tell lice. I rise in support of the Wicker you what, apparently, is allowed under TSA currently suffers from low mo- amendment. Senator COLLINS, who the Administrator’s proposal. It does rale, high injury rates, and high staff spoke earlier, is a cosponsor of this allow bargaining over the selection turnover. Giving these employees a amendment. I might also note that process for special assignment. It al- voice at work representing their inter- Senator COBURN has joined as a cospon- lows collective bargaining over the ests will lead to a more stable, more

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.022 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S719 experienced, and healthier workforce. mination of allowing collective bar- about an agency that has one of the That would increase productivity, per- gaining rights for Transportation Secu- highest turnovers of any Federal agen- formance, and safety for the flying rity Officers to the TSA Administrator. cy. I do not want a high turnover rate public. I firmly believe this authority should among those people at the airport. I Like all Federal employees, the em- remain with the TSA Administrator. want them to be highly skilled, highly ployees at DHS with collective bar- The current agreement was approved trained, highly motivated. I want a gaining rights must follow civil service under the Bush administration and ap- good morale system there. Everyone rules that prohibit the right to strike proved by a Republican-controlled says it is one of the lowest in terms of and allows managers to move employ- House of Representatives. I see no rea- morale and has one of the highest turn- ees to different areas in the event of an son to alter this compromise at this overs of any Federal agency. emergency. They bargain in a way that time. There are valid reasons to keep Giving these people the right to orga- does not compromise the agency’s mis- the authority with the TSA Adminis- nize and to bargain collectively on sion and that does not endanger na- trator. He works firsthand with the things that are not of national security tional security. employees every day. The nature of his measures—not pay, not emergency pro- Congress has been debating allowing work is very hands on. He is better cedures, but other things that make collective bargaining for TSA employ- qualified to determine the agency’s life a little bit better for them so they ees for a decade. Republicans have been mission, how it can be improved, with know basically: What is the procedure vocally against it. or without collective bargaining—he for me being posted here, what is the In 2001, Congress took up FAA. It more than anybody. procedure for me working at 2 a.m. or gave the administrator the authority On Friday, Administrator Pistole an- 7 a.m., so they have a system whereby to determine whether TSA employee nounced his intention to allow collec- they know what is expected of them— would get collective bargaining rights. tive bargaining over workforce issues, to me, that is the way to build morale. In 2004, the 9/11 Commission rec- but security and pay will not be sub- Lastly—— ommended granting TSA workers col- ject to negotiation. Most other Federal The PRESIDING OFFICER. The Sen- lective bargaining. law enforcement agencies, including ator’s time has expired. In 2006, the Senate passed a bill others housed within the Department Mr. HARKIN. I just ask for 30 sec- granting collective bargaining for TSA of Homeland Security, such as Customs onds. I gave him 2 minutes. workers. But we couldn’t get it across and Border Patrol, have collective bar- The PRESIDING OFFICER. Is there the finish line because of the threat of gaining rights. objection? a Presidential veto. Every Democratic I do not believe the sponsors of this Mr. INHOFE. Objection. Senator voted in favor of collective amendment would question the dedica- The PRESIDING OFFICER. Objec- bargaining for TSA. tion of these law enforcement officers, tion is heard. Finally, this month, the TSA com- despite their right to collectively bar- Mr. HARKIN. I just gave him 2 min- pleted its review of the potential im- gain. TSA employees must still follow utes. I did not object. pact of collective bargaining rights for civil service rules that prohibit the The PRESIDING OFFICER. Objec- TSA workers on the safety and secu- right to strike and allow managers to tion is heard. The time that was given rity of American travelers. And the move workers to different areas and to the other side was due to an error in TSA Administrator announced that roles in the event of an emergency and the chair. TSA workers do have collective bar- security as needed. The question is on agreeing to the gaining rights, and they will soon be I cannot support this amendment. I Wicker amendment No. 14, as modified. able to determine whether or not they feel it could negatively impact security Mr. WICKER. I ask for the yeas and wish to exercise those rights. In the if TSA permits collective bargaining nays. coming months, TSA workers will be rights to improve employee retention. The PRESIDING OFFICER. Is there a able to decide whether or not they Finally, this amendment is a security sufficient second? want to be represented by a union to issue, and one that is better addressed There appears to be a sufficient sec- bargain on their behalf on nonsecurity when a TSA reauthorization comes to ond. employment issues. the floor. This is our problem. We are The clerk will call the roll. But the Wicker amendment would not talking about security here, we are The legislative clerk called the roll. bring all of this to a screeching halt. talking about other matters. Mr. DURBIN. I announce that the We should not stand in the way of Accordingly, I urge my fellow Sen- Senator from Massachusetts (Mr. something that TSA employees want, ators to oppose the Wicker amend- KERRY) and the Senator from Arkansas and the Secretary of Homeland Secu- ment. (Mr. PRYOR) are necessarily absent. rity and the President support. I yield the floor. The PRESIDING OFFICER (Mr. Federal employees serve their com- Mr. HARKIN. Would the Senator FRANKEN). Are there any other Sen- munities and country every day. They yield? How much time is remaining? ators in the Chamber desiring to vote? should be empowered to fight for their The PRESIDING OFFICER. There is The result was announced—yeas 47, rights on the job without any fear of 1 minute 39 seconds. nays 51, as follows: retribution. Mr. HARKIN. Mr. President, listen- [Rollcall Vote No. 17 Leg.] Whether you are at the IRS or the ing to my friend from Mississippi talk TSA, you deserve collective bargaining about deficits—and we have to be con- YEAS—47 rights. And if anyone wants to block, cerned about deficits. The first thing Alexander Ensign McConnell Ayotte Enzi Moran or take away those rights, you will on which they cannot bargain is pay. Barrasso Graham Murkowski have to get through me first. That is not something they can bar- Blunt Grassley Paul The Senator from West Virginia is gain on. Generally, Federal employees Boozman Hatch Portman do not bargain on pay, I might add. Brown (MA) Hoeven Risch recognized. Burr Hutchison Mr. ROCKEFELLER. Mr. President, So I do not know what that means. I Roberts Chambliss Inhofe Rubio Coats Isakson how much time remains on our side? mean, he is talking about deficits, but Sessions Coburn Johanns The PRESIDING OFFICER. Four they cannot bargain about pay anyway. Shelby Cochran Johnson (WI) Snowe minutes four seconds. Then he talked about the FBI and Collins Kirk Mr. ROCKEFELLER. Let me just say the CIA and the Secret Service, that Corker Kyl Thune that the TSA Administrator has the they did not collectively bargain. Cornyn Lee Toomey Vitter right to allow collective bargaining for Those agencies all deal with very high- Crapo Lugar DeMint McCain Wicker TSA employees through the authority ly sensitive national security informa- he was provided in the original Avia- tion. What are we talking about here? NAYS—51 tion and Transportation Security Act We are talking about the people who Akaka Blumenthal Carper passed in 2001. check your bags. We are talking about Baucus Boxer Casey Begich Brown (OH) Conrad When Congress passed that, we came the people at screenings and who do Bennet Cantwell Coons to an agreement that left the deter- the patdowns, but we are also talking Bingaman Cardin Durbin

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.023 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S720 CONGRESSIONAL RECORD — SENATE February 15, 2011 Feinstein Levin Rockefeller The assistant legislative clerk pro- Specifically, FAA will terminate all Franken Lieberman Sanders Gillibrand Manchin Schumer ceeded to call the roll. related programs that were started Hagan McCaskill Shaheen Mr. ROCKEFELLER. Mr. President, I since 2008, including the Continuous Harkin Menendez Stabenow ask unanimous consent that the order Low-Energy Emission and Noise Pro- Inouye Merkley Tester for the quorum call be rescinded. gram, which develops cleaner and Johnson (SD) Mikulski Udall (CO) The PRESIDING OFFICER. Without Klobuchar Murray Udall (NM) quieter aircraft technologies and alter- Kohl Nelson (NE) Warner objection, it is so ordered. native aviation fuels. Safety research Landrieu Nelson (FL) Webb AMENDMENT NO. 21 would also be impacted, including a 1- Lautenberg Reed Whitehouse Mr. ROCKEFELLER. Mr. President, Leahy Reid Wyden year delay for research on continued the pending Paul amendment will cut airworthiness for small aircraft, as NOT VOTING—2 the FAA’s authorization levels for fis- well as research on emerging tech- Kerry Pryor cal year 2011 to 2008 levels, $14.7 billion nologies for larger aircraft. The PRESIDING OFFICER. On this for the entire agency, representing a Specific office impacts: Office of vote, the yeas are 47, the nays are 51. near $3 billion cut from the administra- Human Resources. FAA would furlough Under the previous order requiring 60 tion’s introduced level of approxi- all employees for at least 46 days. Fur- votes for the adoption of this amend- mately $17.5 billion. That does not loughing AHR employees would impose ment, the amendment, as modified, is sound like a lot of money—of course it a significant hardship on AHR’s ability withdrawn. does—but let me explain. to provide human resources to FAA. Managing FAA at the 2008 levels VOTE EXPLANATION Aviation safety and security hazard ∑ Mr. KERRY. Mr. President, I was would result in the immediate re- materials would be reduced. This necessarily absent for the vote in rela- trenchment of core functions to reduce means fewer inspectors for airlines, tion to Wicker amendment No. 14, as operating costs; to wit, FAA would fewer parts certified as safe, and delays eliminate services and furlough all air modified, to the FAA reauthorization in producing new U.S.-manufactured traffic organization employees for at bill. If I had attended today’s session, I aircraft. least 20 days. The primary services of would have voted in opposition to that The Office of the Associate Adminis- the ATO is to move air traffic safely amendment and would have supported trator for Airports would also be cut. and efficiently, and that for a period of any motion to table that amendment.∑ This would be an increased risk of run- Mr. REID. Mr. President, I suggest 40 days would cease. FAA would imple- way incursions and delays to tech- ment a hiring freeze for the ATO—air the absence of a quorum. nology that would minimize such risks traffic organization—which would force The PRESIDING OFFICER. The which have been widely reported in the the ATO to focus on major airports clerk will call the roll. press and often not reported in the with scheduled service resulting in The legislative clerk proceeded to press but nevertheless happen. call the roll. service reductions at particularly the The FAA would implement a hiring Mr. REID. Mr. President, I ask unan- smaller and rural airports, which af- freeze which amongst many things fects some of us. imous consent that the order for the would lead to a loss of support staff in The Aviation Safety Office would quorum call be rescinded. air traffic control towers and, con- eliminate 680 employees through attri- The PRESIDING OFFICER. Without sequently, controllers would pick up objection, it is so ordered. tion. It would also furlough all 1,015 operational support employees an aver- administrative duties and would have Mr. REID. Mr. President, I ask unan- less time on the boards in front of imous consent that the Senate proceed age of 2 days each week. It is pretty hard to carry on 3 days and then 3 days them, the lights going off and on. This to the consideration of Paul amend- could lead to an increased number of ment No. 21; that there be 100 minutes the next week. That particular agency, Aviation Safety, is responsible for the severity of operational errors. You can- of debate equally divided between Sen- not make operational errors in the con- ators PAUL and ROCKEFELLER or their certification, production approval, and continued airworthiness of aircraft and trol tower. You cannot hand that off to designees; that upon the use or yield- other people. That is called essential ing back of time, the Senate vote in re- certification of pilots and certification of mechanics and others in safety-re- air safety. This means fewer air traffic lation to the Paul amendment; that controllers and ones that are less fo- there be no amendments in order to the lated positions. That is what this amendment would do. cused on directing airplanes. On the amendment prior to the vote; and that safety side and on the maneuverability the motion to reconsider be considered The FAA would have to defer major Next Generation Air Traffic Control side, both would subside. made and laid upon the table with no System initiatives. That is extraor- Elimination of all Federal contract intervening action or debate. dinarily painful. After all, we go back tower funding will effectively shift the The PRESIDING OFFICER. Without cost of operating these towers to the objection, it is so ordered. to our old story that we are behind Mongolia in this modernization effort. affected airports or to State and local Who yields time? government. I do not know what good Mrs. HUTCHISON. Mr. President, I Just a thought. comes of that since State and local suggest the absence of a quorum, and I In all of this we would be including governments do not do that stuff. ask unanimous consent that the time next generation network-enabled weather, data communications, sys- I could go through State by State be charged equally. what the effects would be, but what it The PRESIDING OFFICER. Without temwide information management, does is a ham-handed approach to objection, it is so ordered. safety security and environmental se- The clerk will call the roll. curity, information tool set. This make a cut. The assistant legislative clerk pro- means accurate weather forecasting There is a very interesting thing ceeded to call the roll. would go down and pilots would have about air traffic safety: It is highly so- Mr. REID. Mr. President, I ask unan- less relevant information, resulting in phisticated. It is compartmentalized. imous consent that the order for the increased delays and congestion as air- You can’t just shift people from this to quorum call be rescinded. craft would have a lot more difficulty that as quickly as you can in other The PRESIDING OFFICER. Without navigating storms. Weather is the asso- lines of work. Lives are at stake, objection, it is so ordered. ciated cause of 7 percent of delays, homes on the ground are at stake, Mr. REID. Mr. President, I ask unan- much less accidents. It cuts Data crashes are at stake, collisions are at imous consent that if we have quorum Comm. It would impact pilot situa- stake. So it is all well and good to do calls during this period of time, the tional awareness and lead to degraded something which appears to be cutting time be charged equally. air safety control, having an effect on the budget, but when you are putting The PRESIDING OFFICER. Without safety. the lives of Americans on the ground objection, it is so ordered. It would cut FAA’s research, engi- and in the air directly at risk, that Mr. REID. I suggest the absence of a neering, and development, and require strikes me as something we should not quorum. FAA to cancel or delay the NextGen do. The PRESIDING OFFICER. The and environmental research—I repeat, So I am extraordinarily clerk will call the roll. to cancel or delay NextGen. unenthusiastic about this amendment,

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.004 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S721 and I hope there are many eloquent have a more systematic approach going eral Government move this forward, speeches that follow me in this man- forward and fund what needs to be expedite this resource, help us move ner. funded. And I do believe FAA, aviation this new technology forward to help I thank the Chair. security, aviation infrastructure and save fuel, save time, increase capacity The PRESIDING OFFICER. Who efficiency in our air traffic system at our airports, and make it a better yields time? should be funded. But I think we have business operation for the private sec- The Senator from Texas. to do it in a bigger picture than each tor airports. Mrs. HUTCHISON. Mr. President, I individual bill that is going to go So when I see this amendment, my will take such time as I may consume, through here, and I ask my colleagues view is that it is a job- killing amend- and I am sure Senator PAUL will be to think about a better approach going ment. This wasn’t a decision where the here shortly. forward than this type of amendment. Commerce Committee said: Well, let’s Mr. President, the Paul amendment Mr. President, I yield the floor. just move this up a few years because does reduce the aggregate authorized The PRESIDING OFFICER. The Sen- we think the government should do spending level to the amount appro- ator from West Virginia. this right away. The private sector priated in fiscal year 2008. So basically Mr. ROCKEFELLER. Mr. President, I came to us because they wanted to in- it is going back to the 2008 levels. I am yield 5 minutes to the Senator from vest in this new technology. But they going to support the amendment be- Alaska. are not going to make the investment cause I think we have to make a start Mr. BEGICH. Mr. President, I thank until there is certainty from the Fed- at cutting back on spending in every the chairman and the ranking member eral Government on their part of the area of government that is discre- for the work they have done. As I said arrangement. So that is what we are tionary and where we can make respon- yesterday, it is fairly exceptional, con- doing. We are doing that in this bill. So sible cuts. However, I do want to say sidering the time it has taken to get to this amendment, in my view, is truly a that the better approach, in my opin- where we are. ion, would be to have an overall cap on job-killing amendment. I understand the amendment that is Then I look at the airport improve- spending at the 2008 levels and then being proposed and the goal of it, and I ments, and I was listening to the chair- pick the priorities we must fund and have been one of those who have sup- man, who was talking about the con- take away the lesser priorities for gov- ported the deficit commission, which tracted services. So I quickly looked at ernment funding. I believe we need a brought forward some recommenda- the list affecting Alaska, and I saw Ko- more measured approach on infrastruc- tions on how to manage this budget. I diak. Kodiak is where the largest Coast ture spending. have supported multiple efforts on this In the case of the FAA, I would point Guard base in this country is. Kodiak floor to reduce and manage the budget is also the contracted services tower. I out that the agency is funded through in the overall scheme of how we move a mix of aviation trust fund dollars and don’t know how that will affect the down to sustainability regarding the fi- general fund dollars. Specifically, three Coast Guard. I would be very nervous nances of this country. But this is one of the four main accounts in the FAA about what it might do. bill where you have to take into ac- budget—airport improvement, facili- This type of amendment may be well count not only what is being proposed ties and equipment, and research—are meaning in the sense of how we all are but what it does and what it will im- paid for entirely by the aviation trust going to sit here—and I left the Budget pact. I will use my State as an exam- fund. The aviation trust fund is funded Committee meeting to come here. The ple. When you think about Alaska, by revenue from various users of the Budget Committee is where we are now there is no question that when it comes U.S. aviation system through taxes and talking about how to plan this budget to air travel, no other State has the fees on the industry. So all capital in- in a holistic way, not nitpick it like vestment in aviation infrastructure is kind of rural and extended air travel as this. The amendment may be well in- paid for by the users of that infrastruc- we have in Alaska. I talked about the tended to get control of the budget, but ture. The fourth account—operations— Essential Air Service Program yester- it does not understand the impact. is then funded partially by the aviation day. Forty-four communities are af- Again, airport improvement is an- trust fund and partially from the gen- fected by the funding for this program, other piece. I would challenge the indi- eral fund. which serves people who are not next vidual who sponsored the amendment. So as we move toward conference, I door to any airport and who are not If he has been to Alaska, great. I would think we need to make sure infrastruc- only not just a few miles from an air- love to take him to a couple of those ture projects that increase airport ca- port, but in some cases, from their air- airports. There is now a great reality pacity, improve safety, increase the ef- port to a hub, it might be 1,200 miles. show about flying in Alaska. It is so ficiency of our aviation system, and So the work and the resources of the dangerous to fly in Alaska that they modernize our air traffic control sys- Essential Air Service is critical for us had to make a reality show about it. tem are adequately funded. This should to not only conduct business, to move So I would encourage everyone to turn be especially true when the revenues people back and forth between commu- that on and see why NextGen, which used to pay for these projects are paid nities, but for medical services. It is was pioneered in Alaska, is so impor- for by the users of the aviation system. really the lifeblood for our commu- tant and why this investment the Fed- I am certainly committed to restor- nities. This amendment would literally eral Government is making is so im- ing fiscal responsibility. I think we wipe that out or reduce it to such a portant for the private sector to have a have to choose the strategic places point that it would be impossible for us better tool to utilize in transportation where we must invest to ensure our in- to make it economical for some of in this country. frastructure serves the needs of our these airports to operate and some of Again, airport improvements in my people. I believe Congress would be these flight services that bring the State are critical. It could be anything much wiser to have an aggregate dis- only service to these communities, al- from refinishing a runway to just hav- cretionary spending cap and then allow lowing them to survive. ing a gravel runway—one that brings us to debate the priorities that would When you think about NextGen, if we food and supplies, medical provisions, be funded under that cap. But that went to the 2008 levels, NextGen was and just moving people in and out. It is means doing business not as usual. It just in the beginning stages. This is an a critical piece of the equation. means we don’t take each bill individ- important investment. And it is not The phrase the Chairman used about ually, each department and agency in- the Federal Government that was anx- the amendment was that he was less dividually. It means we set an overall ious to get it done right away. We had than enthusiastic about it. I don’t like cap for Federal spending and then de- to actually push Congress—the chair- the amendment as it is written today, cide which places in which agencies man may remember this—we had to specifically around this bill. I am anx- should be well funded and which ones push the Federal Government to move ious to get to the bigger debate, and I should take a pass for the present until this forward. Why? Because it was the hope, once this bill is cleared off, we we get our fiscal house in order. private sector that came to us. The will get to the big debate of how we So I am going to support the Paul people in the private sector came to us manage the deficit of this country, how amendment, but I do believe we need to and said: It is important that the Fed- we look at it long term. I know I will

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The message think the problem is fully grasped by ment we have to make in order to was, listen to the American people. either side, but I know if we are here make our air travel safer, more eco- They are upset about passing this debt today and cannot come to an agree- nomical, save fuel, and respond to the on to our kids and our grandkids. So ment to save $2 billion—think about it. private sector that has asked us to get we got a response. The President laid I am asking to save $2 billion out of a off the dime and create certainty so out his budget this week. Do you know budget of $3.7 trillion. It is such a they can make the investments that what his budget will do? The Presi- small number. will make their business model more dent’s budget will spend $46 trillion—I They might argue it is such a small effective. am not making that up, $46 trillion number, why even do it? If you don’t Again, I had no intention to speak over 10 years. That tells me the other start somewhere, how will we ever bal- today. I was in the Budget Committee, side didn’t get the message. ance the budget? How will we ever get but I wanted to come down and say a Now, $46 trillion over 10 years, what out of this mess if we are not willing to few words. does this mean? When President Obama save $2 billion? It is a start. It is a The PRESIDING OFFICER. The Sen- came into office, the debt was about $7 downpayment. It is how we can say to ator has used his 5 minutes. trillion, maybe $8 trillion. We are now the American people we heard you in Mr. BEGICH. I again thank the chair- going to triple that debt if he wins a November. We realize we cannot pass man for the time, allowing me to say a second term. The President will have this debt on to our kids and our few words from Alaska’s perspective. tripled the national debt in 8 years. grandkids. Something has to be done. And I would again emphasize that this His 10-year proposal will double the Instead, what we get from the other amendment is a job-killing amend- debt in just 10 years. The deficit this side is that we make this into: The ment. year alone will be $1.65 trillion. other side is not for progress. They are The PRESIDING OFFICER. Who The President said he is going to not for developing airports. They are yields time? freeze spending. He is going to freeze not for GPS systems at the airport. It The Senator from Kentucky. spending in this little, tiny percentage is not that simple. I am for all those Mr. PAUL. Mr. President, everyone of the budget, about 12 percent of the things, but I am for saying let’s step up agrees that the FAA plays an impor- budget. It is not enough. It doesn’t do as legislators and say: How do we find tant role in air safety. I don’t think it. the savings in the existing budget? Be- there is any real discussion or debate Republicans want to go back to the cause the alternative is: How are we on either side in that regard. My 2008 level, which is what I am pro- going to pay for $14 trillion in debt? amendment calls, though, for having posing. It is not enough either because How are we going to pay for $26 trillion spending levels at 2008. This is actually you are only looking at one tiny sliver in debt that is going to be added if the what is going to be produced out of the of the budget. Today we are looking at President gets his 10-year plan? House. The House has already pub- one small program. You can pay for debt in a variety of lished their spending proposals, and The problem is that people are start- ways. You can tax people. But as you most of their spending proposals will ing to recognize the problem of the can tell by the movement out there, be at the 2008 level. debt, but they are unwilling to do what This is a small downpayment on the it takes to look at the entire budget. most of us think we are taxed enough debt. Some say this is the wrong place We are going to have to look at mili- already. The average taxpayer is often to start, but you have to start some- tary spending, we are going to have to paying 40 percent and 50 percent of his where. Everybody says they are going look at nonmilitary discretionary income. The average taxpayer is pay- to be for balancing the budget or tack- spending, and ultimately we are going ing more in taxes than they do for food ling the debt or doing this or that, but to have to look at entitlements. But and clothing and transportation and all you don’t get there unless you cut you have to say every program has their expenses; they pay more in taxes. spending. something good about it. Everybody I don’t think the general public wants Now, you can’t create a situation can stand and say we need NextGen. I to raise taxes. where you make it an either/or situa- am for NextGen. But the thing is, if The other way is, you stick your tion—either we have air safety or we you are a legislator and you have less head in the sand and keep borrowing. don’t have air safety—depending on a money, let’s figure out where we find That is what we keep doing, borrowing spending level. Perhaps you can spend the money in the existing budget. and borrowing, but it threatens our money more wisely. Perhaps the job of I proposed some other alternatives. I very economy and threatens the coun- a legislator is to find out how you proposed $500 million in savings by say- try. spend money, how you find savings, ing: When we build airports, let’s not How does the country also pay for and how you make do with less. If we make it be the union wage or the pre- debt? Are we going to default on our don’t, we are never going to get out of vailing wage, let’s have the market debt? No. Ultimately, we will print this problem. wage. That would have saved $500 mil- money to pay for it, but there is a The deficit is an enormous burden on lion. That goes a long way toward downside to that too. Countries have all of us—on our kids and grandkids. funding NextGen. Another $500 million, ruined their currency. Germany in the The last election was about the deficit, $400 to 500 million is in the unprofit- 1920s destroyed their currency. about the mounting debt, but the other able airports that we are going to sub- If you look at the curve of what hap- side doesn’t seem to have listened. sidize in this bill. There are savings pened to the currency in the 1920s, it They also need to understand what the that can be found, but we never find happened over a period of about 6 deficit does to jobs. Our national debt them. months. You had bread that sold for 100 now is approaching our gross domestic In Washington, what do we tend to marks and then 1 million marks and product. That means our debt is about do? If we want something, we just add then 100 million marks and then 1 bil- equal to what we produce as an econ- more money to the bill. There are al- lion marks. The money became so de- omy for a year as a whole country. ways arguments for these programs, valued it was of more value to actually When it does, there are estimates that but we also have to understand what burn as a fuel. People went around it kills the rate of growth of our econ- are the consequences of a $14 trillion with wheelbarrows full of money. The omy by 1 percent and costs 1 million debt. workers demanded to be paid two and jobs a year. This is from the debt. President Obama’s 10-year plan that three times a day. They are talking about what $2 bil- he released this week will change $14 That is what happens to a country lion will do within one agency. We are trillion into nearly $27 trillion. The that has a massive debt. You cannot talking about what $14 trillion worth numbers are mind-boggling. If we do tax people enough.

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.040 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S723 Greece just went through default re- to us as a country, and whether we are dustry is adding jobs. Airline activity cently. As Greece went through de- going to step up and do the responsible is up considerably compared to 3 or 4 fault, they tried to raises taxes, but ev- thing. years ago. Today the FAA announced erybody was paying too much already, I reserve my time. that their forecasts for aviation traffic so everything was forced into the un- Mr. ROCKEFELLER. Madam Presi- for the next 20 years were too low. The derground economy. You can raise the dent, I suggest the absence of a FAA now predicts U.S. airlines will taxes by 90 percent, you don’t get more quorum. reach 1 billion passengers per year by money. When you increase tax rates, The ACTING PRESIDENT pro tem- 2021, 2 years earlier than last year’s you don’t always get more money. The pore. The clerk will call the roll. prediction. money went underground. The bill clerk proceeded to call the So the obvious question is, if the air- You can print the money, but if you roll. lines are now going to move forward just simply print the money, you de- Mr. DURBIN. Madam President, I ask into a period of expansion with more stroy people’s savings. You steal from unanimous consent that the order for flights, can we afford to say to the those who have saved and take the the quorum call be rescinded. American public and the flying public value of their dollar. The ACTING PRESIDENT pro tem- from around the world as they come to This bill is the beginning of the de- pore. Without objection, it is so or- the United States that we are going to bate. It is the first bill we have had to dered. dramatically cut government invest- come forward with a new Congress that Mr. DURBIN. Madam President, what ment in aviation? talks about money. It is a very small is pending before the Senate at this What the Senator from Kentucky downpayment. I am asking for a little moment? would have us cut, unfortunately, is over $2 billion savings. It is 2008 levels. The ACTING PRESIDENT pro tem- not the fluff and the extras. It goes to It is what the House is asking for. You pore. The amendment of the Senator the heart of the responsibility of the have to realize also what happened be- from Kentucky. Federal Aviation Administration. tween 2008 and 2011. Do you know how Mr. DURBIN. It is my understanding Madam President, you and I and our much spending went up? Spending went this amendment by the Senator from colleagues get on these airlines every up by 24 percent. Spending is out of Kentucky would establish a new au- week. We put our fate and future in control in this city, and we have to re- thorization level for the Federal Avia- their hands, trusting that we have a alize the consequences. If we stood here tion Administration, which would re- qualified airline crew, a plane that is and had an argument over whether vert to the level of 2008. I think it is ready to fly, and air traffic controllers NextGen is a good thing, there is no ar- worth noting that this may cut spend- who will move us safely from one spot gument. It is a good thing. We should ing in some regards, but I do not be- to another. have GPS. We have it in our cars. For lieve it is a wise decision by the Senate Much of that is being done by those certain, we should have it in our air- to move in that direction. who are employees of the airlines. But ports. I am all for modernizing the air- Our world has changed dramatically a lot is being done by the employees of ports. But what I am saying is, it is ir- since 2008 and the world of aviation the Federal Aviation Administration. responsible as legislators to stand here even more so. The aviation industry is What Senator PAUL is suggesting is and just say more, more, more. We are not the same today by any means. We that we, at a time of great expansion in going to spend more money. debated the FAA bill on the Senate this industry, need to cut back on the We cannot do it. The thing is, it is floor in 2008. At that time, oil was $120 government role. not just the program. We are not talk- a barrel, and the airline industry was It means fewer dollars and, equally ing about whether the program is justi- in the doldrums. important, fewer professionals who fied or whether we should spend Eight airlines either completely would be inspecting these airplanes to money. We are talking about what are ceased operations or filed for bank- make sure they are safe, fewer air traf- the consequences of a massive debt. I ruptcy that year. That cost 11,000 air- fic controllers, less of a role by our think that is where we are. line-related jobs in America. Airlines government in making certain the air- The American people know this. that weathered the financial storm lost lines are operating in a safe and effi- They instinctively know this. I think millions of dollars because fuel costs cient manner at a time when the avia- there is a great danger to not stepping were going through the roof. tion industry is expanding. up. I wish the other side would have United Airlines, based in Chicago, Senator PAUL’s suggestion moves us come back and said: Why don’t we split which I am honored to represent, rein the wrong direction. If there was the difference and try to save $1.5 bil- ported a $538 million loss that year, ever a need for more vigilance, more lion. That is what compromise would driven by a $618 million increase in fuel oversight, and more professionalism at be in this city. If they don’t want to expenses. The airlines reacted to this the FAA it is now. Cutting back to 2008 save $2.5 billion, let’s save $1.5 billion. market reality in 2008 by reducing ca- spending levels will take away the pro- But the thing is, we need to save pacity across the industry by 25 per- fessional men and women who make money everywhere and it cannot be cent. Flights were reduced at airports the FAA the fine agency that it is. that every program you want to cut is all around the country. We signed the last FAA reauthoriza- somebody else’s program and then The point I am trying to make is, if tion bill into law in December of 2003. when it gets to be your program that we take a snapshot of the aviation in- That bill expired in 2007, about the you are interested in, you can’t cut it. dustry in 2008, we would find an indus- same time Congress was considering Everybody has a self-interest in their try devastated by high fuel prices, still the fiscal year 2008 spending levels of program. Every special interest in this recovering from some of the episodes the FAA. We have now extended this country has a special interest. They that followed after 2001, and dramati- law 17 times, lurching forward each have an interest in their particular cally cutting back its services across time, waiting for this moment when spending. the United States. the bill came to the floor. I would say this is a small downpay- We have a suggestion by the Senator Congress used to reauthorize the ment. This is a way to say to the from Kentucky to return to that level FAA every 2 years just to keep up with American people: We have heard you in of spending by the government, when it a changing aviation industry and to the election. We know there is a prob- comes to our responsibilities related to make sure our government agency, lem. We are going to start cutting the airline industry. I do not believe working with the airlines, was on top spending. that is a thoughtful suggestion because of its responsibility. Now we have been I urge my fellow Senators to vote for it does not reflect the reality of where stuck with the same authorization bill this amendment. It is something that we are today and what we are likely to we crafted 9 years ago, and the Senator has nothing to do with quality, has see in the future. from Kentucky, with this amendment, nothing to do with whether you believe Today is a different day. The airline would have us go back to spending levin air safety. It has to do with whether industry is seeing a major rebound at els of 2008. you think the debt is a problem, this point in America. Airlines have re- Almost all Senators agree we need to whether you think the debt is a threat ported a $15 profit in 2010, and the in- do more to make sure we have the best

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.042 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 15, 2011 men and women working for the Fed- This amendment is not about saving the pilots in the sky and the efficiency eral Aviation Administration. We need money. This amendment is about cut- of our system and it improves and co- to talk about a new generation of air ting corners in an area where we ordinates the communication system traffic control. Almost all Senators un- should never cut corners. When it on the ground. derstand we need to update an air traf- comes to the safety of the American All that also increases jobs in Amer- fic control system that is based on public boarding airplanes every day, ica, high-wage jobs. It puts America World War II technology, technology you do not cut corners. You make sure back in the driver’s seat in the develop- from the 1940s—70 years ago. It is good, you have the very best professionals ment of key technology. Those are the but it could be dramatically better. working for the agency and the best kinds of jobs in manufacturing we want This bill before us makes that invest- technology being used by airports and to be creating in America. ment in a technology known as airliners as well. So when my colleague from Ken- NextGen. These investments move us I am afraid Senator PAUL’s approach tucky comes out and offers a proposal from radar-based systems to a GPS- may have some appeal to those who to basically slow down the implemen- based system. It is incredible to me would cut blindly, but if you open your tation by the FAA on key employees in that I can stand on the floor of the eyes and take a look at it, this is a bad these areas that are part of the tech- Senate and make this speech while I move—a move that invites some ter- nology and infrastructure, what you can carry in my pocket a cell phone rible consequences, which none of us are going to do is slow down high-wage which has a GPS device which some want to envision. We need to keep manufacturing jobs in the United people could use to determine where I America investing in modern tech- States as well. With this legislation—with both the am at this very moment in time. Yet nology. We need to expand our national improvements to the airport infra- when I board an airplane to fly to Chi- airspace safely and efficiently. structure and what is, with the cago, this technology is not being used. I urge my colleagues, this afternoon NextGen system, going to take place Instead, they are using radar—not an or early this evening, to vote against with new technology—we are talking the Paul amendment. I know his goal ancient technology but a very old tech- about thousands of new jobs in Amer- is to save money. This is money that nology. ica. We certainly want those manufac- If a GPS is good enough for my cell needs to be spent for the safety of the turing jobs to be here in the United phone, if it is good enough for so many American flying public. States and to get the benefits of this other applications, such as the bus that I yield the floor and suggest the ab- NextGen system. travels back and forth on the streets in sence of a quorum. So I wish to take a moment to talk the city of Chicago, why don’t we have The ACTING PRESIDENT pro tem- about that NextGen transportation it in our airplanes? Well, because we pore. The clerk will call the roll. system and why it is so important to have never moved from that old tech- The bill clerk proceeded to call the us in creating jobs. Because my col- nology to this modern technology of roll. league from Kentucky may not realize, GPS, using satellites to determine ex- Ms. CANTWELL. Madam President, I when you actually cut people and you actly, pinpointing, where the planes ask unanimous consent that the order cut the number of programs that are are at every moment. for the quorum call be rescinded. geared toward this, such as in the The ACTING PRESIDENT pro tem- The FAA bill before us moves us in NextGen system, you are talking about this direction. The Paul amendment by pore. Without objection, it is so or- that the R&D programs could be re- the Senator from Kentucky would basi- dered. duced by as much as $25 million and Ms. CANTWELL. Madam President, cally eliminate our development of this then funding for areas such as how to we are out here talking about the FAA new technology. The amendment do self-separation, weather technology moves us back to the past and it does bill, a bill to improve the transpor- in the cockpit, weight turbulence. not save money. The Paul amendment, tation system in America dealing with I do not know about the Acting in fact, would basically deny us this our airways. There are a lot of great President pro tempore, but I fly a lot, new technology. The FAA Adminis- things about this legislation, every- back and forth across the country al- trator under President Bush, Marion thing from the passengers’ bill of most every week. Some of the pilots I Blakey, was recently asked what she rights to improvement in airport infra- have been flying with have said this thought about the movement to roll structure that many of my colleagues has been the most turbulent weather back funding to the fiscal year 2008 lev- have been out here on the floor talking this winter that they have seen. So I els—the Paul amendment—when she about. Even the Acting President pro know personally. I want to know as was Administrator. She said: ‘‘It’s false tempore articulated why it is so impor- much about this and the latest tech- savings because in the long run it’ll tant to make improvements in our nology that can help us. But under this cost us much more.’’ ground-based system. proposal, the estimated loss of jobs and She knows and we know we have to Practically every elected official in cutbacks in grant programs and tar- move to GPS from radar to make it America knows that airports are a cor- geted areas again could mean the loss safer and more up to date. Senator nerstone of economic development. No of expertise in R&D that is critical for PAUL of Kentucky says: Let’s stop business is going to locate in a commu- us in our flying transportation system talking about the future. Let’s focus on nity without knowing what the air and safety. the past. transportation system is. If it is falling So what are we talking about when Can we afford that when it comes to behind, if it is dilapidated, people are we are talking about the NextGen sys- the aviation industry, where every sin- going to go somewhere else for their tem? We are talking about improve- gle day we entrust our lives and the economic development. So improving ments in flight performance and im- lives of the people we love on these air- the ground transportation system as provements in the passenger experi- planes? part of the airport infrastructure is ence and improvements in basically Ms. Blakey said that rolling out the critically important for improving jobs even how we use fuel. NextGen system by 2018—which is the in America. What I like about the NextGen sys- goal of this bill—would save $22 billion, So I know my colleagues are out here tem most is that it reduces total flight mostly because fewer delays would offering amendments, and the pending delays by 21 percent. That is not the mean less fuel burned. amendment is the Paul amendment, day we pass the bill or when the Presi- But reducing FAA spending to the which is a very concerning amendment dent signs it. But over time, the imple- fiscal year 2008 levels, as Senator PAUL from the prospects of what it would do mentation of this system—which, suggests in this amendment, would to cut the innovation we are about to again, we have a very old 1950s system, amount, as Marion Blakey said, to a implement in this FAA bill—the long- so it is basically radar. It is taking a cut of $1.3 billion—the amount being standing improvements to the Federal picture in the sky and saying: Here is spent this next year on NextGen. It aviation system that have to do with where planes are and having air traffic would roll back and stop NextGen, this taking our airways from a 1950s tech- controllers talk to those planes and new technology, before we can move nology to a 21st century technology control, even in pass-off movements, forward. that improves both the situation for where those flights are going.

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.044 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S725 In fact, I would say to the Acting delivers better air traffic controller in- positive aspects of the Next Generation President pro tempore, I do not know if formation. It means there is no routing system and the improvements to our she or anybody in her family has ever pass-offs, as we do now when you are air transportation. This amendment played Flight Simulator. There is prob- flying in between cities. At some point would cut the viability of many of ably more certainty and predictability in time, Seattle is tracking you. When these programs within the NextGen in the movement in a flight simulator you leave Seattle, at some point in system and the jobs that can be cre- than in that radar system we have time, it is handed over to another sec- ated from this particular legislation. It today. But we are going to change tor and then to another sector and then is definitely long overdue and some- that. to another sector. This situation is thing the public is expecting from us. What this does, by allowing for more going to have accurate information all I mentioned there is a passenger bill accurate tracking and interface and in- the way across, including no pass-offs of rights here which in and of itself is formation, is give us the ability to or challenges with pass-offs, and it is a very positive aspect of the legislation have flights fly on a more direct path, going to give the pilots themselves bet- in terms of access. Any time there is a to be able to coordinate better with ter situational awareness. It is giving delay on the runway, we have to make flights in transportation, and to have them more information about how they sure there is access to food and water that system totally integrated on the fly and about the information on the and necessary medical treatment. Basi- ground. runway. So that is critically important cally, the Department of Transpor- So even those kinds of flight delays for this system. We want safety. We tation can issue fines for noncompli- that happen on the ground at airports, want advancement. ance of airlines. I know many of the where you are waiting and taxiing at In a lot of ways my colleague may be traveling public will love this par- the airport—oh, this flight is here and well intentioned in trying to reduce ticular aspect of this important FAA that flight is there—all that will be our budget, but when we look at these legislation. more improved. In fact, that improve- numbers and we look at what the Next I hope we can dispose of this amendment, estimates are, will reduce carbon Generation system is going to deliver, ment by my colleague from Kentucky dioxide emissions from the air trans- we don’t want to cut that out of the and move on to passing this important portation system by 12 percent. So that government system. These are things legislation. It is about jobs. It is about is a very positive aspect of moving for- that are going to give us efficiencies, safety. It is about fuel efficiency. It is ward on Next Generation. they are going to help our economy, about ontime arrival. It is about not Obviously, if you are improving they are going to create jobs, and they gutting this legislation when it is need- flight delays by 21 percent, I guarantee are going to improve the safety of air ed most to be passed by this body. I thank the Presiding Officer. I see you, you are going to be improving the transportation travel. I can tell my my colleague from Washington is also passenger experience. When they know colleagues I certainly want to improve here to speak so I will yield the floor we are trying to get them where they the safety and the situational aware- need to go on time, in a better coordi- for her. ness of pilots. The ACTING PRESIDENT pro tem- nated fashion, with savings, it helps us. I mentioned fuel efficiency. I wish to pore. The Senator from Washington. But it also is going to improve the talk about fuel efficiency for a second Mrs. MURRAY. Madam President, I ground transportation system. If you because I know fuel efficiency is an im- ask unanimous consent to take 10 min- think about that, our ground transpor- portant issue. The flying public may utes of the Republican time unless a tation system is always in need of co- think, Well, why do we want planes to Republican Senator comes to the floor. ordination. We have actually had some be more efficient? The more the trans- The ACTING PRESIDENT pro tem- accidents on runways. People have portation system uses fuel, obviously, pore. Without objection, it is so or- heard those in the news over the last the more we have seen gas prices go up. dered. several years. It means our transportation tickets Mrs. MURRAY. Madam President, we So what this does—when you, again, and travel costs are more expensive. are here on the floor debating an have a GPS system, the GPS system is With this Next Generation system, if amendment by the Senator from Ken- coordinating that, so you have better we can start driving more fuel effi- tucky. It is very important for the coordination of the taxiing of planes ciency in our air flights by 5 or 6 per- American public to understand. Every- and airport vehicles and the entire cent, then we are going to help keep one agrees we have to take some smart ground transportation system. That the efficiency in the transportation steps to cut waste and reduce our debt should not be minimized. The fact that system. and deficit, but cutting back doesn’t we can imagine how a GPS system can A program with something like Next mean cutting blindly. It doesn’t mean give us better data in the sky is impor- Generation was done by Southwest Air- indiscriminately cutting programs that tant, but there is a lot that is lost on lines in a pilot project in Texas, and it not only create jobs but, importantly, the ground with flights and the coordi- actually demonstrated a 6-percent fuel keep our country and people safe. Make nation of flights. savings for flights between Dallas and no mistake about it: The Paul amend- If you can imagine—just one of my Houston. By that I mean it showed ment we are considering and that we personal pet peeves—you fly all the that by giving pilots more information, will be voting on shortly directly im- way across the country and you end up being allowed because of a satellite pacts the safety of air travel in this at your destination after 51⁄2 hours, and system-like approach to transportation country. no one is there to meet the plane or it instead of radar, they are able to fly a We all know the FAA has a very spe- takes an extra 10 minutes because more direct route from takeoff to des- cific mission. It is responsible for keep- somehow somebody did not know the tination. That efficiency translates ing air travel safe. It oversees the safe- plane was actually at the gate. into savings in fuel costs. It alone is a ty of our airline operations. It certifies All that changes with the system. very important aspect of the system. the equipment they use to meet safety You know exactly where the plane is, The net-net of this is high-wage jobs standards. It is responsible for the air and you know when they are going to for us in this particular sector. When traffic controllers who guide our be at that gate after they have landed. we think about this, it means high- planes, and to make sure the pilots You know exactly how long it is going wage jobs in engineering, in software who are responsible for our safety are to take for them to taxi and how long development, and for other high-tech fit to fly. That is what the FAA does. it is going to take to get there. So that workers who are part of developing this But under the amendment we are con- is a great improvement in this system system, as well as jobs for the flight sidering this afternoon, the FAA’s abil- and something that should not be un- crews and maintenance and basically ity to do that job would be dramati- derestimated. everybody who benefits from the fact cally hampered because under that But the issue of safety is also of crit- that we have a traveling public and amendment, the FAA would lose hun- ical importance—the fact that safety, tourism in our economy. dreds of its safety inspectors and would in any kind of improvement to our sys- I hope my colleagues will vote down have to use furloughs to reduce the tem, has to be the paramount issue. To the amendment by the Senator from work hours of its entire safety inspec- me, that is what NextGen delivers. It Kentucky. All of these things are very tor workforce.

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.045 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 15, 2011 The FAA controls air traffic every are people who are air traffic control- Mr. NELSON of Florida. Madam hour of every day. Under the Paul lers who are right now controlling the President, I can say it in 1 minute. amendment, the FAA would have to planes in the sky as we speak. These Why do we not want to savage the FAA furlough its air traffic controllers for are the safety workers who are respon- budget, cutting millions and millions, significant periods of time because we sible for keeping watch over our air- to go back to the 2008 level? Simply wouldn’t be able to afford to pay for lines and certifying our pilots to make this: It is the safety of the flying pub- the controller workforce to make sure sure that plane they are flying and any lic. we have safety in the skies. That repair that is made is done correctly. The airways are getting more crowd- doesn’t make any sense. It would mean They are the researchers who are worked. The delays on the ground, in the stretching a thinner workforce that ing to find cleaner and quieter aircraft airports, are getting longer. That is the bears the burden of keeping millions of technology and alternative aviation whole idea of creating a new system of air travelers safe every day. fuels. air traffic control—in order to handle The Paul amendment would force the But this amendment wouldn’t just more traffic safely by having instru- FAA to continue controlling air traffic impact those workers we all rely on, ments in the cockpit that operate off with outdated equipment. That is not and that is because when we are forced our constellation of satellites that can what we should be doing today. We all to continue flying with fewer air traffic keep the separation between airliners, know the FAA is currently in the controllers in the tower under older can fly more efficient direct routes, midst of a long-term initiative called technology, we are going to face huge and it all be coordinated instead of NextGen to modernize our air traffic delays and inefficiencies that will lead through radar from the ground. That is to billions of dollars in lost revenue. control system which the Senator from the whole purpose of the updating of Ask anybody in the hotel business or Washington just spoke about—a sys- the FAA air traffic control, called the restaurant business or tourist business tem that will increase the capacity of Next Generation of air traffic control. what happened after 9/11 when our air our aviation system. It will reduce If this amendment is adopted, all of traffic was shut down. The impact on delays and cancellations that every- that is savaged. That is not where body knows are hampering our air traf- our economy is huge. We need to make sure when we make America should be going. fic right now. It saves fuel, and it low- cuts to our budget, we do it wisely. The I yield the floor. ers emissions. It is a modernization ef- Paul amendment that is before us af- The ACTING PRESIDENT pro tem- fort that is long overdue. fects our economy, affects jobs, and pore. The Senator from Arizona. Right now, our air transportation critically affects the safety of the Mr. KYL. Madam President, I com- system still relies on radar technology American public. That is not wise or mend Senator PAUL for his diligent that was developed during World War responsible. work to try to bring spending in line II. That is right. If you are flying The most recent statistics show that with our Nation’s fiscal realities. today, you are relying on radar tech- civil aviation accounts for about $1.3 His amendment reduces the overall nology that was developed during trillion in economic activity in this authorization level for the Federal World War II. The cell phones in country. Even more importantly, avia- Aviation Administration to $14.719 bil- everybody’s pockets make use of sat- tion provides jobs for hard-working lion. That is the authorized level for ellite positioning, but we still haven’t Americans. A few years ago, 11 million fiscal year 2008. That is down from moved the FAA to a satellite-based Americans were employed in an avia- $17.526 billion, which is proposed under system that could guide our planes tion-related field. They earned about the 2011 bill. To put this in perspective, with increased efficiency. Every one of $400 billion. This is not the time to put it is a 19-percent increase in just 3 us uses computer networks every day this vital job sector at risk by cutting years. If we continue to have those in our lives, but we are still making back on our effort to modernize and in- kinds of increases, it is not going to be the investments to move the FAA to novate, and we should never be willing sustainable given our large and grow- network-enabled operations that will to put the safety of our skies and our ing debt. help the agency coordinate more effec- airports and Americans at risk. Holding spending to 2008 levels is not tively with Homeland Security and the This amendment is a misguided at- so outrageous or unworkable as has Defense Department. tempt at providing savings that comes been portrayed. By reducing the top We all rely on our BlackBerries to at too high a cost. We all know and we line amount, the amendment provides communicate with each other through all agree we need to be prudent about the Secretary of Transportation with e-mail and text messages, but we are our spending, but we can’t undermine the necessary discretion to make the still making the investments necessary the FAA as our first attempt out here appropriate reductions to the related to help the FAA rely less heavily on and put the American public at risk. FAA accounts. Not all of them, for ex- voice communication between pilots That is not wise; that is not prudent; it ample, are safety accounts. So priority and air traffic controllers. If you are on is not what we should be doing. could be given to those matters. a flight and if you listen on your head- I urge the Senate to consider the There is an argument that could be phones when the pilot is talking to the very real danger this amendment poses made that since this is an authorizing air traffic controllers, and you know to our safety and our economy and op- bill rather than an appropriations bill, they step on each other, we know the pose this amendment. the overall funding levels do not mat- system is not efficient. Under the Paul Thank you, Madam President. I yield ter. But authorization bills do estab- amendment being offered today, that the floor and I suggest the absence of a lish guideposts for the Appropriations entire modernization effort would face quorum. Committee. In this case, the spending The ACTING PRESIDENT pro tem- significant delays. With goals for re- reductions reflect limits on how much pore. The clerk will call the roll. duced delays and fuel savings in sight, The legislative clerk proceeded to will be appropriated out of the airport we would be stepping on the brakes. call the roll. and airway trust fund. Ironically, that would increase the cost Mr. NELSON of Florida. Madam Additionally, a portion of FAA’s of these NextGen investments over the President, I ask unanimous consent funding comes from the general fund of long term, forcing all of us as tax- that the order for the quorum call be the U.S. Treasury. Imposing spending payers to put in more money to reach rescinded. cuts to this authorization bill also pro- those necessary goals. The ACTING PRESIDENT pro tem- vides a tiny but still necessary signal This amendment would not only im- pore. Without objection, it is so or- to other Members of the body, the ad- pact the safety of our travelers in this dered. ministration, and the financial mar- country, it would create a major im- Mr. NELSON of Florida. Madam kets that the United States is prepared pact on our efforts to create jobs and President, I ask unanimous consent to to begin dealing with our pending boost the economy. I told my col- take 1 minute of the time remaining budgetary catastrophe. leagues this amendment would fur- allocated to the other side of the aisle. The simple fact is that the United lough or eliminate the jobs of workers The ACTING PRESIDENT pro tem- States is $14 trillion in debt and run- across the country, and they are not pore. Without objection, it is so or- ning an annual deficit of $1.6 trillion. nameless, faceless bureaucrats. These dered. Our record level of debt is equal to

VerDate Mar 15 2010 01:17 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.046 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S727 $45,500 per American citizen and this up so they can offer their amend- FISA SUNSETS EXTENSION ACT OF $127,500 if we just count the taxpayers ments. And I will do whatever I can to 2011 in America. Each day the United make sure we move forward on this The PRESIDING OFFICER. Under States pays another $1.273 billion in in- legislation in ample time so that we the previous order, the Senate will pro- terest alone on this debt. can pass this PATRIOT Act for a more ceed to the consideration of the fol- To be clear, the amendment could re- extended period of time, which is so lowing measure, which the clerk will sult in a reduction of some FAA serv- important to the security of this coun- report. ices. This is a reality that setting the try. I know people have problems with The assistant legislative clerk read tough spending priorities will cause it, and that is why we are going to have as follows: some services potentially to be the amendment process. A bill (H.R. 514) to extend expiring provi- trimmed and certainly unnecessary The PRESIDING OFFICER. All time sions of the USA PATRIOT Improvement functions to be eliminated. is expired on the amendment. and Reauthorization Act of 2005 and Intel- But I do not think the debate over Mr. REID. Mr. President, I move to ligence Reform and Terrorism Prevention this amendment can occur outside the table amendment No. 21 offered by the Act of 2004 relating to access to business context of the difficult spending deci- Senator from Kentucky, and I ask for records, individual terrorists as agents of sions that we are going to need to con- the yeas and nays. foreign powers, and roving wiretaps until De- cember 8, 2011. sider in the next several weeks. We lit- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Under erally have to start somewhere, and al- sufficient second? There appears to be the previous order, the substitute most everywhere is going to require a sufficient second. some sacrifice. amendment is agreed to, and there will The question is on agreeing to the The House of Representatives will be 30 minutes equally divided for demotion. consider cuts to the FAA funding levels bate prior to a vote. this week and, likewise, this body will The clerk will call the roll. The amendment (No. 90) was agreed be required to do the same. The assistant legislative clerk called to, as follows: I appreciate the work that Senator the roll. (Purpose: In the nature of a substitute) PAUL has done and hope that my col- Mr. DURBIN. I announce that the Strike all after the enacting clause and in- leagues will strongly consider sup- Senator from Massachusetts (Mr. sert the following: porting his amendment. KERRY) and the Senator from Arkansas SECTION 1. SHORT TITLE. I suggest the absence of a quorum. (Mr. PRYOR) are necessarily absent. This Act may be cited as the ‘‘FISA Sun- The PRESIDING OFFICER (Mr. THE PRESIDING OFFICER. Are sets Extension Act of 2011’’. CASEY). The clerk will call the roll. there any other Senators in the Cham- SEC. 2. EXTENSION OF SUNSETS OF PROVISIONS The legislative clerk proceeded to ber desiring to vote? RELATING TO ACCESS TO BUSINESS call the roll. RECORDS, INDIVIDUAL TERRORISTS The result was announced—yeas 51, AS AGENTS OF FOREIGN POWERS, Mr. REID. Mr. President, I ask unan- nays 47, as follows: AND ROVING WIRETAPS. imous consent that the order for the [Rollcall Vote No. 18 Leg.] (a) USA PATRIOT IMPROVEMENT AND RE- quorum call be rescinded. AUTHORIZATION ACT OF 2005.—Section 102(b)(1) The PRESIDING OFFICER. Without YEAS—51 of the USA PATRIOT Improvement and Re- objection, it is so ordered. Akaka Gillibrand Murray authorization Act of 2005 (Public Law 109–177; Mr. REID. Mr. President, I ask unan- Baucus Hagan Nelson (NE) 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 Begich Harkin Nelson (FL) imous consent that when the disposi- U.S.C. 1862 note) is amended by striking Bennet Inouye Reed ‘‘February 28, 2011’’ and inserting ‘‘May 27, tion of the Paul amendment occurs, Bingaman Johnson (SD) Reid 2011’’. the Senate proceed to the consider- Blumenthal Klobuchar Rockefeller Boxer Kohl Sanders (b) INTELLIGENCE REFORM AND TERRORISM ation of H.R. 514, which was received Brown (OH) Landrieu Schumer PREVENTION ACT OF 2004.—Section 6001(b)(1) from the House and is at the desk; that Cantwell Lautenberg Shaheen of the Intelligence Reform and Terrorism the Reid-McConnell substitute amend- Cardin Leahy Stabenow Prevention Act of 2004 (Public Law 108–458; ment, which is at the desk, be agreed Carper Levin Tester 118 Stat. 3742; 50 U.S.C. 1801 note) is amended Casey Lieberman Udall (CO) by striking ‘‘February 28, 2011’’ and inserting to; that there be up to 30 minutes of de- Conrad Manchin Udall (NM) bate equally divided between the two Coons McCaskill Warner ‘‘May 27, 2011’’. leaders or their designees prior to the Durbin Menendez Webb The PRESIDING OFFICER. The Sen- Feinstein Merkley Whitehouse ator from Illinois. vote on passage of the bill, as amended; Franken Mikulski Wyden that there be no further amendments Mr. DURBIN. Mr. President, in a few or motions in order to the bill prior to NAYS—47 minutes we are going to vote on a 3- the vote, and that the motion to recon- Alexander Ensign McConnell month extension of the expiring provi- sider be considered made and laid upon Ayotte Enzi Moran sions of the PATRIOT Act. I will sup- Barrasso Graham Murkowski port this extension because it gives the the table with no intervening action or Blunt Grassley Paul debate. Boozman Hatch Portman Senate time to properly consider this The PRESIDING OFFICER. Is there Brown (MA) Hoeven Risch critically important legislation. But objection? Burr Hutchison Roberts before I support any additional exten- Chambliss Inhofe Rubio Without objection, it is so ordered. Coats Isakson sions of the PATRIOT Act, I believe we Sessions Coburn Johanns Mr. REID. Mr. President, I express Shelby should have an honest discussion about Cochran Johnson (WI) my appreciation to everyone involved. Snowe changes and reforms that are necessary Collins Kirk It has been a difficult issue, but I will Corker Kyl Thune to protect the constitutional rights of put on the record what I have told a Cornyn Lee Toomey innocent Americans. It is worth taking number of Senators personally, and Crapo Lugar Vitter a moment to reflect on the history of Wicker that is that we will, prior to this expi- DeMint McCain the PATRIOT Act. ration occurring, bring up the PA- NOT VOTING—2 The PATRIOT Act was passed almost TRIOT Act and have an opportunity for Kerry Pryor 10 years ago after the 9/11 terrorist at- an extended period of time—a week at tack. Ground Zero was still burning The motion was agreed to. least—to offer amendments and do when President Bush asked Congress to whatever people feel is appropriate on VOTE EXPLANATION give him new authority to fight ter- this bill. ∑ Mr. KERRY. Mr. President, I was rorism. Congress responded, passing I have talked to a couple of Senators necessarily absent for the vote in rela- the PATRIOT Act by an overwhelming who have told me specifically that they tion to Paul amendment No. 21 to the bipartisan vote, including my own. It want to offer amendments. Although I FAA reauthorization bill. If I had at- was a unique moment in our history. didn’t agree I would support their tended today’s session, I would have But even then, many were concerned amendments—one was a Democrat and voted in opposition to that amendment that the PATRIOT Act might go too one was a Republican—I said that is and would have supported any motion far when it came to our constitutional what we should be able to do, to set to table that amendment.∑ rights and freedoms. As a result, we

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In I will urge the Judiciary Committee to fear that followed after the attacks on 2003, Attorney General Ashcroft testi- report that legislation again, and I will 9/11. We wanted to reflect on some of fied to the Judiciary Committee that urge the Senate to consider and pass the changes and authority given to the librarians who raised concern about the improvements to the USA PA- government at a later time. the PATRIOT Act were ‘‘hysterics,’’ in TRIOT Act that we have proposed, dur- I voted for the PATRIOT Act, but I the Attorney General’s words, and ‘‘the ing this short, additional 90-day exten- soon realized it gave too much power Department of Justice has neither the sion. to the government in some areas, with- staffing, the time, nor the inclination The original USA PATRIOT Act in- out judicial and Congressional over- to monitor the reading habits of Amer- cluded important sunsets that were sight. So 2 years after the PATRIOT icans.’’ supported by both Republicans and Act became law, I led a bipartisan But we now know, many years later, Democrats. I believe that the sunsets group of Senators to introduce the the FBI has, in fact, issued national se- suggested by Dick Armey back in 2001 SAFE Act, legislation to reform the curity letters for the library records of have been a good thing. I have tried to PATRIOT Act. The SAFE Act was sup- innocent Americans. For years we were conduct aggressive oversight of USA ported not only by the American Civil told the FBI was not abusing this broad PATRIOT Act surveillance authorities Liberties Union but also by the Amer- grant of power. But in 2007, the Justice since the bill was originally enacted in ican Conservative Union and Gun Own- Department’s own inspector general 2001. The sunsets have been helpful in ers of America. It was an extraordinary concluded the FBI was guilty of ‘‘wide- that process. Accordingly, I do not sup- coalition. Progressive Democrats and spread and serious misuse’’ of the na- port permanent extension of these sur- conservative Republicans came to- tional security letter authority, and veillance authorities. gether across the partisan divide, with failed to report those abuses to Con- Nor do I support undercutting impor- the understanding that Americans be- gress and a White House oversight tant oversight and government ac- lieved we can be both safe and free. We board. countability with respect to these in- wanted to retain the expanded powers The inspector general reported that telligence gathering tools. Instead, I of the PATRIOT Act but place some the number of NSL requests had in- support strengthening oversight while reasonable limits on those powers creased exponentially from about 8,500 providing the intelligence community within the bounds of the Constitution. the year before the enactment of the the certainty it needs to protect na- In 2005, the first time Congress reau- PATRIOT Act to an average of more tional security. thorized the PATRIOT Act, some re- than 47,000 per year, and that even The bill I hope we will consider be- forms of the SAFE Act were included these numbers were significantly unfore May 27 would give the intelligence in the bill. Many were not. So there are derstated due to flaws in the FBI data- community the certainty it needs by still significant provisions in the PA- base. extending these expiring authorities I believe America can be both safe TRIOT Act which cause concern to this while also strengthening congressional and free. We can retain the expanded Senator. The FBI is still permitted to and judicial oversight. This legislation powers of the PATRIOT Act but place obtain a John Doe roving wiretap that is the result of bipartisan negotiations some reasonable limit on them within does not identify the person or the 2 years ago. It had the strong support our Constitution. I will support this ex- phone that will be wiretapped. of the administration. In other words, the FBI can obtain a tension so we have time to produce leg- wiretap without telling a court who islation of which we can all be proud. I The House bill we are amending was they want to wiretap or where they know the chairman of the Judiciary not the product of bipartisan agree- want the place the wiretap itself. In Committee is on the floor to speak. I ment, or even an open debate in the garden-variety criminal cases, the FBI want to close by saluting him. I think House. It would extend the PATRIOT is still permitted to conduct what is he has taken a very professional ap- Act without improvement for the rest known as sneak-and-peek searches of a proach. He has been completely open to of the year. That is too little for too home without notifying the home- this discussion of the provisions of this long. owner about the search until some bill, and the offering of amendments. I I do not begrudge our friends in the later time. plan to work with him and other mem- House time to do their work, and for We now know the vast majority of bers of the committee in good faith. I the new Republican majority to seek sneak-and-peek searches take place in think this 3-month extension will give additional time to consider the expir- cases that do not involve terrorism in us time to expand the debate on this ing provisions of the PATRIOT Act. any way. A national security letter, or important constitutional issue. But it should not take a year to pass NSL, is a form of administrative sub- I yield the floor. improvements to these provisions. Im- poena issued by the FBI. We often hear The PRESIDING OFFICER. The Sen- portantly, we should not extend this NSLs compared to grand jury sub- ator from Vermont. debate into an election year and risk poenas. But unlike a grand jury sub- Mr. LEAHY. Mr. President, I thank that some will play politics with our poena, a national security letter is the distinguished Senator from Illinois national security. issued without the approval of a grand for his comments. With the 90-day extension that the jury or even a prosecutor. And unlike In less than 2 weeks, the current leaders have proposed, we will be able the grand jury subpoena, the recipient short-term extension of three authori- to consider the USA PATRIOT Act of a national security letter is subject ties authorized by the USA PATRIOT Sunset Extension Act of 2011 and im- to a gag order at the FBI’s discretion. Act will expire. I thank the two leaders prove authorities that are otherwise The PATRIOT Act greatly expanded for working to ensure that everyone set to expire. the FBI’s authority to NSLs. An NSL has the opportunity to consider the ex- Our bill can promote transparency now allows the FBI to obtain sensitive piring provisions of the USA PATRIOT and expand privacy and civil liberties personal information about innocent Act, and to do so in a way that ensures safeguards in the law. It will increase Americans, including library records, that these authorities do not lapse judicial oversight of government sur- medical records, gun records, and while the Republican majority in the veillance powers that capture informa- phone records, even when there is no House and new Senators consider these tion on Americans. connection whatsoever to a suspected measures. I hope that ours is a package of re- terrorist or spy. The bill I introduced on January 26, forms that all Americans can support. The Justice Department’s inspector and that the Judiciary Committee is A bipartisan group of Senators on the general concluded that this standard scheduled to consider this week, is Judiciary Committee voted in favor of

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I think they are searches of pri- jurisprudence and I think should be When Congress did not act on that vate records and should be reviewed by guarded and protected. negotiated package of reforms, but in- a judge. But even if you argue that I think, in the fear after 9/11, we did stead passed an extension of the expir- they were subpoenas, if you have a sub- not debate these things fully. We ing authorities until February 28, 2011, poena, your lawyer is allowed to make should have a debate. There is a wide I took steps to see that key portions of a motion to quash your subpoena, your range of people on both the left and the the package were implemented admin- lawyer is allowed to represent you. right who do believe in civil liberties. I istratively by the Department of Jus- In the craziness after 9/11, when the think it is time we do review these. I tice. PATRIOT Act was passed, it was actu- will stand in the next several months It is my hope that during this short ally illegal to consult an attorney. If and try to promote this discussion. I extension Congress will pass the USA you were given a national security let- think it is a good time to review and PATRIOT Act Sunset Extension Act of ter saying you were being investigated, revisit the PATRIOT Act. 2011 to codify the steps forward that you could go to jail for 5 years by tell- I will vote against the extension of the Attorney General has taken to im- ing your attorney. It is still in the law the PATRIOT Act because I do not plement parts of our legislative pro- that you can go to jail for 5 years if think it is doing full justice to the posal administratively. you tell others. This is being done fourth amendment, and I think it is We can ensure that the progress in against U.S. citizens. very important we have judicial review accountability and transparency that Many people argue for this saying: before we allow government to inves- we achieved last year is not lost simply Oh, it is just foreign terrorists. Na- tigate and search our private lives. because it was never written into the tional security letters have been writ- Mr. President, I yield back. statute. ten on 200,000 individuals and over 50 In addition, we will have the oppor- The PRESIDING OFFICER. The Sen- percent of them from the United States tunity to enact the parts of the bill ator from California. in the last 10 years. that the Attorney General did not or Mrs. FEINSTEIN. Mr. President, I In addition to the national security could not adopt because they require a ask unanimous consent to speak for 10 letters, this act expanded the use of change in the statute. Chief among minutes. what are called suspicious activity re- these is adding a new sunset on Na- The PRESIDING OFFICER. Without ports, where they snoop in your bank tional Security Letters. objection, it is so ordered. Second is repealing the presumption records. Not only does the government Mrs. FEINSTEIN. Mr. President, I in favor of the government that a judge snoop in your bank records, they force come to the floor as the chair of the In- must honor when he or she reviews an the banks to do snooping for you. Two telligence Committee of the Senate application for a section 215 order for million records have been gone and also as a member of the Judiciary business records. The government does through, and we say: Well, are we get- Committee, so I have been part of the not need this presumption. In fact, the ting terrorists? Yes; we are probably PATRIOT Act and the FISA Act dis- Attorney General endorsed the repeal getting terrorists. But were we cap- cussions. of the presumption when he expressed turing terrorists under FISA when we Let me clear up one thing for the dis- his support for the bill in the prior had a judge’s review? Yes. It was very tinguished Senator from Kentucky: Congress. rare that FISA ever turned down a war- Nothing in what is before us today af- We can preserve the authorities that rant. But we just gave up. We blankly fects national security letter sections give law enforcement the tools it needs gave up the idea of judicial review. of the act. Let me repeat that because to protect national security. And we This was a big deal. John Adams said I have heard this presented on the can ensure that inspectors general, this was the spark that got the Revolu- floor, I have seen it in editorials in the Congress, and the public maintain vigi- tion going. When James Otis was talk- newspapers, and nothing in what is on lant oversight of the government, making about writs of assistance in the the floor today affects the NSL sec- ing sure these authorities are used 1760s, the King was granting writs of tions—of which there are several in properly and within constitutional assistance through his soldiers. Now we various statutes—of the PATRIOT Act. bounds. have essentially government agents, There are three specific sections that I urge all Senators to support the akin to soldiers, writing warrants. are affected, and I will get to them in Senate amendment to H.R. 514 and It is ripe for abuse. Even the FBI, a moment. then to support the USA PATRIOT Act when they did their own internal inves- Let me begin by saying I support the Sunset Extension Act of 2011. tigation of the national security let- Reid-McConnell amendment to H.R. The PRESIDING OFFICER. The Sen- ters—they reviewed 1,000 of these na- 514. Let me point out that last Wednes- ator from Kentucky. tional security letters, and they found day the Secretary of Homeland Secu- Mr. PAUL. I want to thank the ma- that 10 percent of them were in error. rity, Janet Napolitano, testified before jority leader for agreeing to allow a de- The other thing, for those who say: the House Homeland Security Com- bate on this important legislation. We Oh, this is just a subpoena. It is just mittee, and here is what she said: will have time to amend it in the next your bank records. No big deal, they In some ways, the threat today may be at 3 months, discuss it fully. should be weary of this: People have its most heightened state since the attacks When the PATRIOT Act was passed gone through the FISA Court and been nearly 10 years ago. in the first place, it was passed in a turned down under section 215 and not In testimony to the House Intel- hurry, without committee hearings, gotten a warrant and they have done ligence Committee last week, the Di- and in a climate of fear and anger after an end-around and gotten national se- rector of National Intelligence, James 9/11. Congress was sensitive to the fact curity letters. Clapper, wrote that: that the fourth amendment was being I think it is something so basic to . . . it is impossible to rank—in terms of abridged. That is why these legislative our constitutional Republic. I tell peo- long-term importance—the numerous, poten- proposals were sunset. It was not just ple on and on, I am a big defender of tial threats to the U.S. national security. so we could pass them by unanimous the second amendment. But you cannot The United States no longer faces—as in the consent without voting. It was done so have the second amendment unless you Cold War—one dominant threat. Rather, it is we could review how well we are doing defend the first amendment. You can- the multiplicity and interconnectedness of with these, and whether we are abridg- not have the second amendment unless potential threats—and the actors behind ing the freedoms guaranteed under the you defend the fourth amendment. them—that constitute our biggest challenge. fourth amendment. We need to defend the right to be free So it is clear the threat against the There are a couple of things that of search and seizure. People need to United States from terrorism, cyber at- bother me about the PATRIOT Act. No. look back and say: Did the FISA Court tack, the proliferation of weapons of

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So this is a spe- nity goes through in order to try to telligence Committee are behind the cific addition that was put in because protect the American citizens. Reid-McConnell bill. of the Moussaoui case to get at some- The points she made are all valid So that is the framework in which one who is a ‘‘lone wolf’’ who has no from my service on the Intelligence these three expiring provisions come known association with a terrorist op- Committee. I am aware of what she has before us. Without them, our law en- eration. been talking about. I would just like to forcement and intelligence agencies These tools have been authorized for repeat three things. I will not bother to would lack important tools to protect several years and have been subject to go into all the detail because she made this Nation. These are tools that have strict scrutiny by the Foreign Intel- the points very well. been used to great advantage over the ligence Surveillance Act Court, the De- Roving wiretaps—the name does not past several years. partment of Justice, and the Congres- sound very good—are simply the rec- I cannot speak here of the specific sional Intelligence and Judiciary Com- ognition that today you have a lot of uses of the expiring authorities for rea- mittees. throwaway cell phones. It used to be sons of classification. The Director of Members have raised concerns that you had one telephone hanging up in National Intelligence, the Director of provisions authorized by the PATRIOT the kitchen or someplace, so when the the FBI, and the Director of the NSA Act have been misused. The Judiciary police got a warrant to tap your tele- described to Members last night how and the Intelligence Committees have phone, that was the only phone you they have been used. Here is what they held numerous hearings on this topic. I had. have told us: believe past problems have been ad- Now these guys take phones, use We have seen recent successful disruptions dressed, and we will continue to mon- them once, throw them away, and then of terrorist plots directed against the United itor the use of these provisions care- get another one or they have access to States. Our intelligence and law enforcement fully. lots of different phones. It is simply a personnel were able to disrupt al Qaeda’s recognition that today people use lots Najibullah Zazi terrorist plot to attack the Members have also noted past prob- New York City subway system. These PA- lems with the use of national security of different phones rather than one, TRIOT Act authorities, along with other letters, and that is what all the discus- and, therefore, the warrant applies to critical intelligence tools, are essential to sion so far that I have heard on the any of the phones of a particular indi- our ability to detect and disrupt such plots. floor has been. As I have said, the na- vidual. Let me talk about the three provi- tional security sections are not at The ‘‘lone wolf’’ terrorist exception sions, starting with the business issue at this time. So it is, in a sense, Senator FEINSTEIN explained very well. records section that is expiring. This a shibboleth to raise them here. I wrote that provision. It applies to authority allows the government to go It is business records, it is lone wolf, people who do not have a card in their to the Foreign Intelligence Surveil- and it is roving wiretaps. Those are the wallet that says: I belong to al-Qaida lance Act Court—a special court with three sections that expire on the 28th or I belong to some other terrorist judges appointed by the Chief Justice of February. group. that deals only with these matters and So let me be clear: This legislation We understood that in some cases meets 24/7. The provision allows the does not address national security let- there will be people such as Moussaoui government to obtain business records ter authorities, as those provisions are who you are not sure are actually af- if it gets a warrant from this court. not set to expire at the end of the filiated with any particular group, but The second expiring provision, so- month. they are still planning a terrorist ac- called roving wiretap authority, pro- By extending these three provisions tivity and, therefore, you want the vides the government with needed until May 27, the Congress can appro- ability to check them out. flexibility in conducting electronic sur- priately study and I hope enact long- Third is the business records. This is veillance. We all know there are now term reauthorizations that the intel- the only one there has been any con- throwaway cell phones. We have found ligence community and law enforce- troversy about. It allows the govern- that terrorists have attempted to ment need to continue to keep us safe. ment to get a court order to obtain evade surveillance by using these Let me just say, I see—and cannot go business records that are either held or throwaway cell phones and rapidly into here—but day after day uses of generated by third parties. You want switching cell phones. This tool allows these expiring authorities and have to find out, for example, if Mohamed for surveillance on a particular target, come to believe that being able to have Atta stayed at the such and such motel not the telephone. Again, you need to good intelligence is what prevents an the night before he went to the airport have that authority given to you, much attack against a New York subway or to conduct the terrorist attacks of 9/11. as you would in a criminal wiretap by air cargo plane. It is what keeps this That will help to prove the chain of a court, but in this case by the Foreign homeland safe, and it is what allows us evidence to prosecute other people or Intelligence Surveillance Act Court. to get ahead of a terrorist attack. for us to be able to know exactly how Again, the surveillance is for foreign Without them—without them—we put that attack occurred. So you go to the intelligence. our Nation in jeopardy. I, for one, took motel and say: Could we see who According to FBI Director Bob an oath of office to protect and defend, checked in last night. That is not a big Mueller, this provision has been used and I do not intend to be party to that. deal. more than 190 times since it was au- Everything I know indicates that there For most agencies of the Federal thorized in 2001. is jeopardy facing this Nation, and Government, you do not even have to The third section—the final one—is these intelligence provisions are nec- go to court to ask the question. But the ‘‘lone wolf’’ authority that allows essary to protect our homeland. out of an abundance of caution, before for court-ordered collection against I urge acceptance of the Reid-McCon- the government can actually go to the non-U.S. persons who engage in inter- nell legislation. motel and say: Can we see your record, national terrorism but for whom an as- I thank the Presiding Officer and they have to go to court to get ap- sociation with a specific international yield the floor. proval to do that. So the PATRIOT Act terrorist group has not yet been deter- The PRESIDING OFFICER. The Sen- actually sets a higher hurdle in trying mined. ator from Arizona. to get these business records in ter- This provision was enacted in light of Mr. KYL. Mr. President, I wish to rorism investigations. In addition to the Zacarias Moussaoui case, in which agree with the comments made by our that, there are only three top officials the FBI suspected Moussaoui of engag- colleague from California, the chair- at the FBI who are authorized to re- ing in terrorist activity and believed at man of the Intelligence Committee, quest court orders for the information.

VerDate Mar 15 2010 01:25 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.055 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S731 So the point is this: These are the rorists without compromising our con- Merkley Paul Tester only three provisions that are stitutional civil liberties. I ask my col- Murray Sanders Udall (NM) sunsetted and that we have to reau- leagues to join me in voting against ex- NOT VOTING—2 thorize. If people have objections to tending this law today and in the fu- Kerry Pryor other parts of the act, such as has been ture. The bill (H.R. 514), as amended, was expressed here, then their argument is Mr. President, I yield the floor and I passed. not with the reauthorization of these suggest the absence of a quorum. VOTE EXPLANATION three provisions but with the under- EN The PRESIDING OFFICER (Mr. B - ∑ Mr. KERRY. Mr. President, I am nec- lying law. In any event, I suppose they NET ). The clerk will call the roll. essarily absent for the vote today on will have plenty of time to raise those The assistant legislative clerk pro- legislation to extend expiring provi- questions when we debate this further ceeded to call the roll. sions of the USA PATRIOT Improve- in the next couple of months. The PRESIDING OFFICER. The Sen- ment and Reauthorization Act of 2005 I urge my colleagues to support this ator from Michigan. and Intelligence Reform and Terrorism short-term extension. In the meantime, Mr. LEVIN. Mr. President, I ask Prevention Act of 2004, H.R. 514. If I prior to the rest of the debate we will unanimous consent that the order for were able to attend these vote sessions, have to check with the folks at the In- the quorum call be rescinded. I would have supported the bill to ex- telligence Committee who can answer The PRESIDING OFFICER. Without tend expiring provisions of the USA any questions colleagues may have objection, it is so ordered. PATRIOT Improvement and Reauthor- about how this act is intended to oper- Mr. LEVIN. Mr. President, I think all ization Act of 2005 and Intelligence Re- ate and then check with the FBI and time has either been yielded back or form and Terrorism Prevention Act of other law enforcement officials to see all time is up, so I ask for the yeas and 2004, H.R. 514.∑ how it works in its operation. nays. The PRESIDING OFFICER. The Sen- I yield the floor. The PRESIDING OFFICER. Is there a ator from Illinois. The PRESIDING OFFICER. The Sen- sufficient second? Mr. DURBIN. Mr. President, I sug- ator from Montana. There appears to be a sufficient sec- Mr. TESTER. Mr. President, I ask gest the absence of a quorum. ond. The PRESIDING OFFICER. The unanimous consent to speak for 3 min- The yeas and nays were ordered. clerk will call the roll. utes. The PRESIDING OFFICER. The The assistant editor of the Daily Di- The PRESIDING OFFICER. Without question is on the engrossment of the gest proceeded to call the roll. objection, it is so ordered. committee amendment and third read- Mr. UDALL of New Mexico. Mr. Mr. TESTER. Mr. President, Mon- ing of the bill. tanans sent me to the U.S. Senate to President, I ask unanimous consent The amendment was ordered to be that the order for the quorum call be bring accountability to this body, to engrossed, and the bill to be read a make responsible decisions, and to pro- rescinded. third time. The PRESIDING OFFICER. Without tect America and the freedoms we all The bill was read the third time. objection, it is so ordered. enjoy. I took the oath of office to de- The PRESIDING OFFICER. The bill f fend the Constitution. having been read the third time, the That is why I am going to vote question is, Shall the bill pass? FAA AIR TRANSPORTATION MOD- against the PATRIOT Act. I encourage The clerk will call the roll. ERNIZATION AND SAFETY IM- others to follow suit. I have never liked The legislative clerk called the roll. PROVEMENT ACT the PATRIOT Act. I still don’t. The PRESIDING OFFICER. Are there AMENDMENTS NOS. 49 AND 51, AS MODIFIED Like REAL ID, the PATRIOT Act in- any other Senators in the Chamber de- vades the privacy of law-abiding citi- Mr. UDALL of New Mexico. Mr. siring to vote? zens. And it tramples on our Constitu- President, I ask unanimous consent Mr. DURBIN. I announce that the tional rights. that my pending amendments, Nos. 49 Senator from Massachusetts (Mr. We need to find a balance—making and 51, be modified with the changes KERRY) and the Senator from Arkansas our country more secure and giving our that I have at the desk. (Mr. PRYOR) are necessarily absent. troops, law enforcement and intel- The PRESIDING OFFICER. Is there The result was announced—yeas 86, ligence agents the tools necessary to objection? nays 12, as follows: get the job done. But we have to do it Without objection, it is so ordered. without invading the privacy of law- [Rollcall Vote No. 19 Leg.] The amendments are so modified. abiding Americans. YEAS — 86 The amendments, as modified, are as follows: This extension doesn’t address any of Akaka Enzi Menendez those concerns. It simply puts off the Alexander Feinstein Mikulski AMENDMENT NO. 49, AS MODIFIED Ayotte Franken Moran On page 48, between lines 22 and 23, insert debate we need to have for another Barrasso Gillibrand Murkowski the following: day. Bennet Graham Nelson (NE) (c) ADDITIONAL RELEASE FROM RESTRIC- There are some really troubling as- Bingaman Grassley Nelson (FL) TIONS.— pects that are not addressed by the ex- Blumenthal Hagan Portman Blunt Hatch (1) IN GENERAL.—In addition to any release tension of this law: Roving wiretaps Reed Boozman Hoeven Reid granted under subsection (a), the Secretary which allow surveillance of a ‘‘type of Boxer Hutchison Risch of Transportation may, subject to paragraph Brown (MA) Inhofe person,’’ instead of a particular person, Roberts (2), grant releases from any of the terms, Burr Inouye Rockefeller over multiple phone lines. That is a Cantwell Isakson conditions, reservations, and restrictions Rubio slippery slope to eroding our constitu- Cardin Johanns contained in the deed of conveyance num- Schumer Carper Johnson (SD) bered 30–82–0048 and dated August 4, 1982, tional protection against government Sessions searches; Using the reasonable grounds Casey Johnson (WI) under which the United States conveyed cer- Chambliss Kirk Shaheen tain land to Don˜ a Ana County, New Mexico, Shelby of suspicion standard to require librar- Coats Klobuchar for airport purposes. Coburn Kohl Snowe ies and businesses to report to the gov- (2) CONDITIONS.—Any release granted by ernment about what American citizens Cochran Kyl Stabenow Collins Landrieu Thune the Secretary under paragraph (1) shall be buy or borrow. Conrad Leahy Toomey subject to the following conditions: We don’t have to sacrifice our pri- Coons Levin Udall (CO) (A) The County shall agree that in con- vacy and lose control of our personal Corker Lieberman Vitter veying any interest in the land that the information in order to be secure. And Cornyn Lugar Warner United States conveyed to the County by the Crapo Manchin Webb we should never give up our constitu- deed described in paragraph (1), the County DeMint McCain Whitehouse shall receive an amount for the interest that tional rights. Durbin McCaskill Wicker Ensign McConnell Wyden is equal to the fair market value. Voting for the PATRIOT Act is the (B) Any amount received by the County for wrong way to go. We have got a lot of NAYS—12 the conveyance shall be used by the County smart people in this body. We can de- Baucus Brown (OH) Lautenberg for the development, improvement, oper- velop the policies we need to fight ter- Begich Harkin Lee ation, or maintenance of the airport.

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AMENDMENT NO. 51, AS MODIFIED ‘‘(I) the reasons for such non-compliance; ‘‘(C) USE.—Only a limited incumbent air On page 311, between lines 11 and 12, insert and carrier or new entrant air carrier may use an the following: ‘‘(II) a timeline depicting when the Assist- additional exemption granted under this sub- SEC. 733. PRIVACY PROTECTIONS FOR AIRCRAFT ant Secretary expects the Administration to section to provide service between Ronald PASSENGER SCREENING WITH AD- achieve full compliance. Reagan Washington National Airport and an VANCED IMAGING TECHNOLOGY. ‘‘(C) SECURITY CLASSIFICATION.—The report airport located within the perimeter de- Section 44901 is amended by adding at the required by subparagraph (A) shall be sub- scribed in section 49109. end the following: mitted, to the greatest extent practicable, in ‘‘(3) IMPROVED NETWORK SLOTS.—If an in- ‘‘(l) LIMITATIONS ON USE OF ADVANCED IM- an unclassified format, with a classified cumbent air carrier (other than a limited in- AGING TECHNOLOGY FOR SCREENING PAS- annex, if necessary.’’. cumbent air carrier) that uses a slot for serv- SENGERS.— Mr. UDALL of New Mexico. I thank ice between Ronald Reagan Washington Na- ‘‘(1) DEFINITIONS.—In this subsection: the Chair and I yield the floor. tional Airport and a large hub airport lo- ‘‘(A) ADVANCED IMAGING TECHNOLOGY.—The The PRESIDING OFFICER. The Sen- cated within the perimeter described in sec- term ‘advanced imaging technology’— tion 49109 is granted an additional exemption ‘‘(i) means a device that creates a visual ator from Oklahoma. under this subsection, it shall, upon receiv- image of an individual’s body and reveals AMENDMENT NO. 7, AS MODIFIED ing the additional exemption, discontinue other objects on the body as applicable, in- Mr. INHOFE. Mr. President, I have the use of that slot for such within-perim- cluding narcotics, explosives, and other the same request. I call for regular eter service and operate, in place of such weapons components; and order with respect to my amendment service, service between Ronald Reagan ‘‘(ii) includes devices using backscatter x- No. 7, and I send a modification to the Washington National Airport and an airport rays or millimeter waves and devices re- desk. located beyond the perimeter described in ferred to as ‘whole-body imaging technology’ The PRESIDING OFFICER. The section 49109. or ‘body scanning’. ‘‘(4) CONDITIONS.—Beyond-perimeter flight ‘‘(B) APPROPRIATE CONGRESSIONAL COMMIT- amendment is so modified. The amendment, as modified, is as operations carried out by an air carrier using TEES DEFINED.—The term ‘appropriate con- an exemption granted under this subsection gressional committees’ means— follows: shall be subject to the following conditions: ‘‘(i) the Committee on Commerce, Science, At the end of the bill insert the following: ‘‘(A) An air carrier may not operate a and Transportation and Committee on SEC. ll. RONALD REAGAN WASHINGTON NA- multi-aisle or widebody aircraft in con- Homeland Security and Governmental Af- TIONAL AIRPORT SLOTS. ducting such operations. fairs of the Senate; and (a) INCREASE IN NUMBER OF SLOT EXEMP- ‘‘(B) An air carrier granted an exemption ‘‘(ii) the Committee on Homeland Security TIONS.—Section 41718 is amended by adding under this subsection is prohibited from sell- of the House of Representatives. at the end thereof the following: ing, trading, leasing, or otherwise transfer- ‘‘(C) AUTOMATIC TARGET RECOGNITION SOFT- ‘‘(g) ADDITIONAL SLOTS.— ring the rights to its beyond-perimeter ex- WARE.—The term ‘automatic target recogni- ‘‘(1) INITIAL INCREASE IN EXEMPTIONS.— emptions, except through an air carrier tion software’ means software installed on Within 90 days after the date of enactment of merger or acquisition. an advanced imaging technology machine the FAA Air Transportation Modernization ‘‘(5) OPERATIONS DEADLINE.—An air carrier that produces a generic image of the indi- and Safety Improvement Act, the Secretary granted a slot exemption under this sub- vidual being screened that is the same as the shall grant, by order, 24 slot exemptions section shall commence operations using images produced for all other screened indi- from the application of sections 49104(a)(5), that slot within 60 days after the date on viduals. 49109, 49111(e), and 41714 of this title to air which the exemption was granted. ‘‘(2) USE OF ADVANCED IMAGING TECH- carriers to operate limited frequencies and ‘‘(6) IMPACT STUDY.—Within 17 months NOLOGY.—The Assistant Secretary of Home- aircraft on routes between Ronald Reagan after granting the additional exemptions au- land Security (Transportation Security Ad- Washington National Airport and airports thorized by paragraph (1) the Secretary shall ministration) shall ensure that advanced im- located beyond the perimeter described in complete a study of the direct effects of the aging technology is used for the screening of section 49109 or, as provided in paragraph additional exemptions, including the extent passengers under this section only in accord- (2)(C), airports located within that perim- to which the additional exemptions have— ance with this subsection. eter, and exemptions from the requirements ‘‘(A) caused congestion problems at the ‘‘(3) IMPLEMENTATION OF AUTOMATED TAR- of subparts K and S of part 93, Code of Fed- airport; GET RECOGNITION SOFTWARE.—Except as pro- eral Regulations, if the Secretary finds that ‘‘(B) had a negative effect on the financial vided in paragraph (4), beginning January 1, the exemptions will— condition of the Metropolitan Washington 2012, all advanced imaging technology used ‘‘(A) provide air transportation with do- Airports Authority; as a screening method for passengers shall be mestic network benefits in areas beyond the ‘‘(C) affected the environment in the area equipped with automatic target recognition perimeter described in section 49109; surrounding the airport; and software. ‘‘(B) increase competition in multiple mar- ‘‘(D) resulted in meaningful loss of service ‘‘(4) EXTENSION.—The Assistant Secretary kets; to small and medium markets within the pe- may extend the date described in paragraph ‘‘(C) not reduce travel options for commu- rimeter described in section 49109. (3) by 1 or more periods as the Assistant Sec- nities served by small hub airports and me- ‘‘(7) ADDITIONAL EXEMPTIONS.— retary considers appropriate but each period dium hub airports within the perimeter de- ‘‘(A) DETERMINATION.—The Secretary shall may not be for a duration of more than by 1 scribed in section 49109; determine, on the basis of the study required year, if the Assistant Secretary determines ‘‘(D) not result in meaningfully increased by paragraph (6), whether— that— travel delays; ‘‘(i) the additional exemptions authorized ‘‘(A) advanced imaging technology ‘‘(E) enhance options for nonstop travel to by paragraph (1) have had a substantial neg- equipped with automatic target recognition and from the beyond-perimeter airports that ative effect on Ronald Reagan Washington software is not substantially as effective at will be served as a result of those exemp- National Airport, Washington Dulles Inter- screening passengers as advanced imaging tions; national Airport, or Baltimore/Washington technology without such software; or ‘‘(F) have a positive impact on the overall Thurgood Marshall International Airport; ‘‘(B) additional testing of such software is level of competition in the markets that will and necessary. be served as a result of those exemptions; ‘‘(ii) the granting of additional exemptions ‘‘(5) REPORTS.— and under this paragraph may, or may not, rea- ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(G) produce public benefits, including the sonably be expected to have a substantial after the date described in paragraph (3) and, likelihood that the service to airports lo- negative effect on any of those airports. if the Assistant Secretary extends the date cated beyond the perimeter described in sec- ‘‘(B) AUTHORITY TO GRANT ADDITIONAL EX- pursuant to paragraph (4) by 1 or more peri- tion 49109 will result in lower fares, higher EMPTIONS.—Beginning 6 months after the ods, not later than 60 days after each period, capacity, and a variety of service options. date on which the impact study is concluded, the Assistant Secretary shall submit to the ‘‘(2) NEW ENTRANTS AND LIMITED INCUM- the Secretary may grant up to 8 slot exemp- appropriate congressional committees a re- BENTS.— tions to incumbent air carriers, in addition port on the implementation of this sub- ‘‘(A) DISTRIBUTION.—Of the exemptions to those granted under paragraph (1) of this section. made available under paragraph (1), the Sec- subsection, if the Secretary determines ‘‘(B) ELEMENTS.—Each report required by retary shall make 10 available to limited in- that— subparagraph (A) shall include the following: cumbent air carriers or new entrant air car- ‘‘(i) the additional exemptions authorized ‘‘(i) A description of all matters the Assist- riers and 14 available to other incumbent air by paragraph (1) have not had a substantial ant Secretary considers relevant to the im- carriers. negative effect on any of those airports; and plementation of this subsection. ‘‘(B) NETWORK CONNECTIVITY.—In allocating ‘‘(ii) the granting of additional exemptions ‘‘(ii) The status of the compliance of the exemptions to incumbent air carriers under under this subparagraph may not reasonably Transportation Security Administration this paragraph, the Secretary shall afford a be expected to have a negative effect on any with the provisions of this subsection. preference to carriers offering significant do- of those airports. ‘‘(iii) If the Administration is not in full mestic network benefits within the perim- ‘‘(C) NETWORK CONNECTIVITY.—In allocating compliance with such provisions— eter described in section 49109. exemptions to incumbent air carriers under

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subparagraph (B), the Secretary shall afford AMENDMENT NO. 93 TO AMENDMENT NO. 7, AS ‘‘(C) USE.—Only a limited incumbent air a preference to carriers offering significant MODIFIED carrier or new entrant air carrier may use an domestic network benefits within the perim- Mrs. HUTCHISON. Mr. President, I additional exemption granted under this sub- eter described in section 49109. have a second-degree amendment to section to provide service between Ronald ‘‘(D) IMPROVED NETWORK SLOTS.—If an in- the Inhofe amendment at the desk, and Reagan Washington National Airport and an cumbent air carrier (other than a limited in- I ask for its immediate consideration. airport located within the perimeter de- cumbent air carrier) that uses a slot for serv- The PRESIDING OFFICER. The scribed in section 49109. ice between Ronald Reagan Washington Na- ‘‘(3) IMPROVED NETWORK SLOTS.—If an in- tional Airport and a large hub airport lo- clerk will report. cumbent air carrier (other than a limited in- cated within the perimeter described in sec- The legislative clerk read as follows: cumbent air carrier) that uses a slot for serv- tion 49109 is granted an additional exemption The Senator from Texas [Mrs. HUTCHISON] ice between Ronald Reagan Washington Na- under subparagraph (B), it shall, upon receiv- proposes an amendment numbered 93 to tional Airport and a large hub airport lo- ing the additional exemption, discontinue Inhofe amendment No. 7, as modified. cated within the perimeter described in sec- the use of that slot for such within-perim- Mrs. HUTCHISON. Mr. President, I tion 49109 is granted an additional exemption eter service and operate, in place of such ask unanimous consent that the read- under this subsection, it shall, upon receiv- service, service between Ronald Reagan ing of the amendment be dispensed ing the additional exemption, discontinue Washington National Airport and an airport with. the use of that slot for such within-perim- located beyond the perimeter described in The PRESIDING OFFICER. Without eter service and operate, in place of such section 49109. service, service between Ronald Reagan objection, it is so ordered. Washington National Airport and an airport ‘‘(E) CONDITIONS.—Beyond-perimeter flight The amendment is as follows: operations carried out by an air carrier using located beyond the perimeter described in (Purpose: To provide for an increase in the an exemption granted under subparagraph section 49109. number of slots available at Ronald (B) shall be subject to the following condi- ‘‘(4) CONDITIONS.—Beyond-perimeter flight Reagan Washington National Airport, and tions: operations carried out by an air carrier using for other purposes) ‘‘(i) An air carrier may not operate a an exemption granted under this subsection multi-aisle or widebody aircraft in con- Strike all after the word ‘‘sec’’ and add the shall be subject to the following conditions: ducting such operations. following: ‘‘(A) An air carrier may not operate a ‘‘(ii) An air carrier granted an exemption ll. RONALD REAGAN WASHINGTON NATIONAL multi-aisle or widebody aircraft in con- under this subsection is prohibited from sell- AIRPORT SLOTS. ducting such operations. (a) INCREASE IN NUMBER OF SLOT EXEMP- ing, trading, leasing, or otherwise transfer- ‘‘(B) An air carrier granted an exemption TIONS.—Section 41718 is amended by adding ring the rights to its beyond-perimeter ex- under this subsection is prohibited from sell- at the end thereof the following: emptions, except through an air carrier ing, trading, leasing, or otherwise transfer- ‘‘(g) ADDITIONAL SLOTS.— merger or acquisition. ring the rights to its beyond-perimeter ex- ‘‘(1) INITIAL INCREASE IN EXEMPTIONS.— emptions, except through an air carrier ‘‘(F) ADDITIONAL EXEMPTIONS NOT PER- Within 5 days after the date of enactment of merger or acquisition. MITTED.—The Secretary may not grant ex- the FAA Air Transportation Modernization PERATIONS DEADLINE.—An air carrier emptions in addition to those authorized by ‘‘(5) O and Safety Improvement Act, the Secretary granted a slot exemption under this subparagraph (1) if the Secretary determines shall grant, by order, 24 slot exemptions section shall commence operations using that— from the application of sections 49104(a)(5), that slot within 60 days after the date on ‘‘(i) the additional exemptions authorized 49109, 49111(e), and 41714 of this title to air which the exemption was granted. by paragraph (1) have had a substantial neg- carriers to operate limited frequencies and ‘‘(6) IMPACT STUDY.—Within 17 months ative effect on any of those airports; or aircraft on routes between Ronald Reagan after granting the additional exemptions au- ‘‘(ii) the granting of additional exemptions Washington National Airport and airports thorized by paragraph (1) the Secretary shall under subparagraph (B) of this paragraph located beyond the perimeter described in complete a study of the direct effects of the may reasonably be expected to have a subsection 49109 or, as provided in paragraph additional exemptions, including the extent stantial negative effect on 1 or more of those (2)(C), airports located within that perim- to which the additional exemptions have— airports. eter, and exemptions from the requirements ‘‘(A) caused congestion problems at the ‘‘(h) SCHEDULING PRIORITY.—In admin- of subparts K and S of part 93, Code of Fed- airport; istering this section, the Secretary shall af- eral Regulations, if the Secretary finds that ‘‘(B) had a negative effect on the financial ford a scheduling priority to operations con- the exemptions will— condition of the Metropolitan Washington ducted by new entrant air carriers and lim- ‘‘(A) provide air transportation with do- Airports Authority; ited incumbent air carriers over operations mestic network benefits in areas beyond the ‘‘(C) affected the environment in the area conducted by other air carriers granted addi- perimeter described in section 49109; surrounding the airport; and tional slot exemptions under subsection (g) ‘‘(B) increase competition in multiple mar- ‘‘(D) resulted in meaningful loss of service for service to airports located beyond the pe- kets; to small and medium markets within the perimeter described in section 49109.’’. ‘‘(C) not reduce travel options for commu- rimeter described in section 49109. (b) HOURLY LIMITATION.—Section 41718(c)(2) nities served by small hub airports and me- ‘‘(7) ADDITIONAL EXEMPTIONS.— is amended— dium hub airports within the perimeter de- ‘‘(A) DETERMINATION.—The Secretary shall (1) by striking ‘‘3 operations’’ and inserting scribed in section 49109; determine, on the basis of the study required ‘‘4 operations’’; and ‘‘(D) not result in meaningfully increased by paragraph (6), whether— (2) by striking ‘‘subsections (a) and (b)’’ travel delays; ‘‘(i) the additional exemptions authorized and inserting ‘‘under this section’’. ‘‘(E) enhance options for nonstop travel to by paragraph (1) have had a substantial neg- (c) LIMITED INCUMBENT DEFINITION.—Sec- and from the beyond-perimeter airports that ative effect on Ronald Reagan Washington tion 41714(h)(5) is amended— will be served as a result of those exemp- National Airport, Washington Dulles Inter- (1) by inserting ‘‘not’’ after ‘‘shall’’ in sub- tions; national Airport, or Baltimore/Washington paragraph (B); ‘‘(F) have a positive impact on the overall Thurgood Marshall International Airport; (2) by striking ‘‘and’’ after the semicolon level of competition in the markets that will and in subparagraph (B); be served as a result of those exemptions; ‘‘(ii) the granting of additional exemptions (3) by striking ‘‘Administration.’’ in sub- and under this paragraph may, or may not, rea- paragraph (C) and inserting ‘‘Administra- ‘‘(G) produce public benefits, including the sonably be expected to have a substantial tion; and’’; and likelihood that the service to airports lo- negative effect on any of those airports. (4) by adding at the end the following: cated beyond the perimeter described in sec- ‘‘(B) AUTHORITY TO GRANT ADDITIONAL EX- ‘‘(D) for purposes of section 41718, an air tion 49109 will result in lower fares, higher EMPTIONS.—Beginning 6 months after the carrier that holds only slot exemptions’’. capacity, and a variety of service options. date on which the impact study is concluded, (d) REVENUES AND FEES AT THE METROPOLI- ‘‘(2) NEW ENTRANTS AND LIMITED INCUM- the Secretary may grant up to 8 slot exemp- TAN WASHINGTON AIRPORTS.—Section 49104(a) BENTS.— tions to incumbent air carriers, in addition is amended by striking paragraph (9) and in- ‘‘(A) DISTRIBUTION.—Of the exemptions to those granted under paragraph (1) of this serting the following: made available under paragraph (1), the Sec- subsection, if the Secretary determines ‘‘(9) Notwithstanding any other provision retary shall make 10 available to limited in- that— of law, revenues derived at either of the Met- cumbent air carriers or new entrant air car- ‘‘(i) the additional exemptions authorized ropolitan Washington Airports, regardless of riers and 14 available to other incumbent air by paragraph (1) have not had a substantial source, may be used for operating and cap- carriers. negative effect on any of those airports; and ital expenses (including debt service, depre- ‘‘(B) NETWORK CONNECTIVITY.—In allocating ‘‘(ii) the granting of additional exemptions ciation and amortization) at the other air- exemptions to incumbent air carriers under under this subparagraph may not reasonably port.’’. this paragraph, the Secretary shall afford a be expected to have a negative effect on any preference to carriers offering significant do- of those airports. The PRESIDING OFFICER. The Sen- mestic network benefits within the perim- ‘‘(C) NETWORK CONNECTIVITY.—In allocating ator from Texas. eter described in section 49109. exemptions to incumbent air carriers under

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subparagraph (B), the Secretary shall afford CLOTURE MOTION ‘‘(A) DISTRIBUTION.—Of the exemptions a preference to carriers offering significant Mrs. HUTCHISON. Mr. President, I made available under paragraph (1), the Sec- domestic network benefits within the perim- send a cloture motion to the desk. retary shall make 10 available to limited in- eter described in section 49109. The PRESIDING OFFICER. The clo- cumbent air carriers or new entrant air car- ‘‘(D) IMPROVED NETWORK SLOTS.—If an in- ture motion having been presented riers and 14 available to other incumbent air carriers. cumbent air carrier (other than a limited in- under rule XXII, the Chair directs the cumbent air carrier) that uses a slot for serv- ‘‘(B) NETWORK CONNECTIVITY.—In allocating ice between Ronald Reagan Washington Na- clerk to read the motion. exemptions to incumbent air carriers under tional Airport and a large hub airport lo- The legislative clerk read as follows: this paragraph, the Secretary shall afford a cated within the perimeter described in sec- CLOTURE MOTION preference to carriers offering significant do- tion 49109 is granted an additional exemption We, the undersigned Senators, in accord- mestic network benefits within the perim- under subparagraph (B), it shall, upon receiv- ance with the provisions of rule XXII of the eter described in section 49109. ing the additional exemption, discontinue Standing Rules of the Senate, do hereby ‘‘(C) USE.—Only a limited incumbent air the use of that slot for such within-perim- move to bring to a close debate on the pend- carrier or new entrant air carrier may use an eter service and operate, in place of such ing amendment No. 7, as modified, to S. 223, additional exemption granted under this sub- service, service between Ronald Reagan the FAA authorization bill. section to provide service between Ronald Washington National Airport and an airport Kay Bailey Hutchison, Jon Kyl, John En- Reagan Washington National Airport and an located beyond the perimeter described in sign, John Cornyn, Kelly Ayotte, John airport located within the perimeter de- section 49109. Thune, Saxby Chambliss, Richard Burr, scribed in section 49109. ‘‘(E) CONDITIONS.—Beyond-perimeter flight Johnny Isakson, Jerry Moran, James ‘‘(3) IMPROVED NETWORK SLOTS.—If an in- operations carried out by an air carrier using E. Risch, Richard C. Shelby, Rand cumbent air carrier (other than a limited in- an exemption granted under subparagraph Paul, John Hoeven, John McCain, cumbent air carrier) that uses a slot for serv- (B) shall be subject to the following condi- Lindsey Graham, Mike Lee. ice between Ronald Reagan Washington Na- tions: The PRESIDING OFFICER. The Sen- tional Airport and a large hub airport located within the perimeter described in sec- ‘‘(i) An air carrier may not operate a ator from Texas. multi-aisle or widebody aircraft in con- tion 49109 is granted an additional exemption AMENDMENT NO. 93, AS MODIFIED, TO ducting such operations. under this subsection, it shall, upon receiv- AMENDMENT NO. 7, AS MODIFIED ‘‘(ii) An air carrier granted an exemption ing the additional exemption, discontinue under this subsection is prohibited from sell- Mrs. HUTCHISON. Mr. President, I the use of that slot for such within-perim- ing, trading, leasing, or otherwise transfer- send a modification to my second-de- eter service and operate, in place of such ring the rights to its beyond-perimeter ex- gree amendment to the desk and ask service, service between Ronald Reagan emptions, except through an air carrier that the amendment be so modified. Washington National Airport and an airport merger or acquisition. The PRESIDING OFFICER. The located beyond the perimeter described in section 49109. ‘‘(F) ADDITIONAL EXEMPTIONS NOT PER- amendment is so modified. ‘‘(4) CONDITIONS.—Beyond-perimeter flight MITTED.—The Secretary may not grant ex- The amendment, as modified, is as operations carried out by an air carrier using emptions in addition to those authorized by follows: an exemption granted under this subsection paragraph (1) if the Secretary determines Strike all after the word ‘‘SEC’’ and add shall be subject to the following conditions: that— the following: ‘‘(A) An air carrier may not operate a ‘‘(i) the additional exemptions authorized ll. RONALD REAGAN WASHINGTON NATIONAL multi-aisle or widebody aircraft in con- by paragraph (1) have had a substantial neg- AIRPORT SLOTS. ducting such operations. ative effect on any of those airports; or (a) INCREASE IN NUMBER OF SLOT EXEMP- ‘‘(B) An air carrier granted an exemption ‘‘(ii) the granting of additional exemptions TIONS.—Section 41718 is amended by adding under this subsection is prohibited from sell- under subparagraph (B) of this paragraph at the end thereof the following: ing, trading, leasing, or otherwise transfer- may reasonably be expected to have a sub- ‘‘(g) ADDITIONAL SLOTS.— ring the rights to its beyond-perimeter ex- stantial negative effect on 1 or more of those ‘‘(1) INITIAL INCREASE IN EXEMPTIONS.— emptions, except through an air carrier airports. Within 95 days after the date of enactment of merger or acquisition. ‘‘(h) SCHEDULING PRIORITY.—In admin- the FAA Air Transportation Modernization ‘‘(5) OPERATIONS DEADLINE.—An air carrier istering this section, the Secretary shall af- and Safety Improvement Act, the Secretary granted a slot exemption under this sub- ford a scheduling priority to operations con- shall grant, by order, 24 slot exemptions section shall commence operations using ducted by new entrant air carriers and lim- from the application of sections 49104(a)(5), that slot within 60 days after the date on ited incumbent air carriers over operations 49109, 49111(e), and 41714 of this title to air which the exemption was granted. conducted by other air carriers granted addi- carriers to operate limited frequencies and ‘‘(6) IMPACT STUDY.—Within 17 months tional slot exemptions under subsection (g) aircraft on routes between Ronald Reagan after granting the additional exemptions au- for service to airports located beyond the pe- Washington National Airport and airports thorized by paragraph (1) the Secretary shall rimeter described in section 49109.’’. located beyond the perimeter described in complete a study of the direct effects of the (b) HOURLY LIMITATION.—Section 41718(c)(2) section 49109 or, as provided in paragraph additional exemptions, including the extent is amended— (2)(C), airports located within that perim- to which the additional exemptions have— (1) by striking ‘‘3 operations’’ and inserting eter, and exemptions from the requirements ‘‘(A) caused congestion problems at the ‘‘4 operations’’; and of subparts K and S of part 93, Code of Fed- airport; (2) by striking ‘‘subsections (a) and (b)’’ eral Regulations, if the Secretary finds that ‘‘(B) had a negative effect on the financial and inserting ‘‘under this section’’. the exemptions will— condition of the Metropolitan Washington ‘‘(A) provide air transportation with do- Airports Authority; (c) LIMITED INCUMBENT DEFINITION.—Sec- mestic network benefits in areas beyond the ‘‘(C) affected the environment in the area tion 41714(h)(5) is amended— perimeter described in section 49109; surrounding the airport; and (1) by inserting ‘‘not’’ after ‘‘shall’’ in sub- ‘‘(B) increase competition in multiple mar- ‘‘(D) resulted in meaningful loss of service paragraph (B); kets; to small and medium markets within the pe- (2) by striking ‘‘and’’ after the semicolon ‘‘(C) not reduce travel options for commu- rimeter described in section 49109. in subparagraph (B); nities served by small hub airports and me- ‘‘(7) ADDITIONAL EXEMPTIONS.— (3) by striking ‘‘Administration.’’ in sub- dium hub airports within the perimeter de- ‘‘(A) DETERMINATION.—The Secretary shall paragraph (C) and inserting ‘‘Administra- scribed in section 49109; determine, on the basis of the study required tion; and’’; and ‘‘(D) not result in meaningfully increased by paragraph (6), whether— (4) by adding at the end the following: travel delays; ‘‘(i) the additional exemptions authorized ‘‘(D) for purposes of section 41718, an air ‘‘(E) enhance options for nonstop travel to by paragraph (1) have had a substantial neg- carrier that holds only slot exemptions’’. and from the beyond-perimeter airports that ative effect on Ronald Reagan Washington (d) REVENUES AND FEES AT THE METROPOLI- will be served as a result of those exemp- National Airport, Washington Dulles Inter- TAN WASHINGTON AIRPORTS.—Section 49104(a) tions; national Airport, or Baltimore/Washington is amended by striking paragraph (9) and in- ‘‘(F) have a positive impact on the overall Thurgood Marshall International Airport; serting the following: level of competition in the markets that will and ‘‘(9) Notwithstanding any other provision be served as a result of those exemptions; ‘‘(ii) the granting of additional exemptions of law, revenues derived at either of the Met- and under this paragraph may, or may not, rea- ropolitan Washington Airports, regardless of ‘‘(G) produce public benefits, including the sonably be expected to have a substantial source, may be used for operating and cap- likelihood that the service to airports lo- negative effect on any of those airports. ital expenses (including debt service, depre- cated beyond the perimeter described in sec- ‘‘(B) AUTHORITY TO GRANT ADDITIONAL EX- ciation and amortization) at the other air- tion 49109 will result in lower fares, higher EMPTIONS.—Beginning 6 months after the port.’’. capacity, and a variety of service options. date on which the impact study is concluded, This section shall become effective 1 day ‘‘(2) NEW ENTRANTS AND LIMITED INCUM- the Secretary may grant up to 8 slot exemp- after enactment. BENTS.— tions to incumbent air carriers, in addition

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.016 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S735 to those granted under paragraph (1) of this is amended by striking paragraph (9) and in- cialist they could think of but no one subsection, if the Secretary determines serting the following: could figure out what was wrong. that— ‘‘(9) Notwithstanding any other provision Finally, Isaac was diagnosed with a ‘‘(i) the additional exemptions authorized of law, revenues and debt service costs at ei- rare disease called common variable by paragraph (1) have not had a substantial ther of the Metropolitan Washington Air- immunodeficiency. This means every 2 negative effect on any of those airports; and ports, regardless of source, may be shared at ‘‘(ii) the granting of additional exemptions the other airport.’’ weeks a nurse has to visit his home to give him the medicine that lets his under this subparagraph may not reasonably The PRESIDING OFFICER. The Sen- body fight off germs. Without this med- be expected to have a negative effect on any ator from Texas. of those airports. icine, Isaac’s body cannot fight off even Mrs. HUTCHISON. Mr. President, the ‘‘(C) NETWORK CONNECTIVITY.—In allocating a common cold. The home visits and IV amendment that is now pending, for exemptions to incumbent air carriers under medications Isaac needs are expensive. which we have a cloture motion, is subparagraph (B), the Secretary shall afford But Isaac’s parents had health insur- what we are going to try to continue to a preference to carriers offering significant ance, so Isaac was able to have a nor- domestic network benefits within the perim- work on and hope that we can come to mal childhood. eter described in section 49109. a consensus on the issue of the perim- ‘‘(D) IMPROVED NETWORK SLOTS.—If an in- Today, Isaac is a 19-year-old college eter rule that has caused so much of student in Minnesota with dreams of cumbent air carrier (other than a limited in- this bill to be held up. This is a good cumbent air carrier) that uses a slot for serv- becoming an English teacher. Here is a ice between Ronald Reagan Washington Na- bill. This is a bill that is going to give picture of him. He is the one on the tional Airport and a large hub airport lo- America the opportunity to start the right. That is Isaac. cated within the perimeter described in sec- next generation of air traffic control Because of the toll his illness takes, tion 49109 is granted an additional exemption systems. It is a bill that we must begin his family decided that Isaac should go under subparagraph (B), it shall, upon receiv- now if we are going to go to a satellite- to school part-time. Unfortunately, being the additional exemption, discontinue based system which will free airspace the use of that slot for such within-perim- fore the health reform law was passed, and make our air system work more ef- young adults over 18 years of age gen- eter service and operate, in place of such ficiently for aircraft in the air. service, service between Ronald Reagan erally had to be in school full time to Washington National Airport and an airport It has safety provisions. It has con- stay on their parents’ health insur- located beyond the perimeter described in sumer protection provisions. It is so ance. If Isaac had not been able to stay section 49109. important that we also accommodate on his parents’ health plan, he would ‘‘(E) CONDITIONS.—Beyond-perimeter flight the needs of all of our country, the con- have been in a tremendous bind. His operations carried out by an air carrier using stituents we have, to have an airport disease is the definition of a pre- an exemption granted under subparagraph system that works—especially in the (B) shall be subject to the following condi- existing condition, and it would have Washington area. been nearly impossible for him to find tions: We will be able to debate this amend- ‘‘(i) An air carrier may not operate a affordable individual coverage. But be- multi-aisle or widebody aircraft in con- ment as we go through the next few cause of the health reform law that we ducting such operations. days. We are waiting for other amend- passed last year, Isaac can now stay on ‘‘(ii) An air carrier granted an exemption ments to also be debated on the floor. his parents’ health insurance, regard- under this subsection is prohibited from sell- But I have stood very firm in saying we less of his school status, through his ing, trading, leasing, or otherwise transfer- need a bipartisan solution to access to 26th birthday. He and his family were ring the rights to its beyond-perimeter ex- the Nation’s airport in Washington, emptions, except through an air carrier able to make the choices that made DC. It is located in Virginia, but it is sense for their family without having merger or acquisition. the Washington, DC-near airport, and ‘‘(F) ADDITIONAL EXEMPTIONS NOT PER- to worry about Isaac’s health insur- all of the airports in this area now MITTED.—The Secretary may not grant ex- ance. In fact, in a few years, when he emptions in addition to those authorized by have a robust business. It is time for us turns 26, a key provision of health re- paragraph (1) if the Secretary determines to deal with this in a rational, bipar- form will have kicked in and insurers that— tisan, and responsible way. That is will no longer be able to discriminate ‘‘(i) the additional exemptions authorized what Senator ROCKEFELLER and I have against him or any American because by paragraph (1) have had a substantial neg- attempted to do, and we will continue ative effect on any of those airports; or of a preexisting condition. to do so. Isaac’s parents may not be doctors, ‘‘(ii) the granting of additional exemptions I yield the floor. under subparagraph (B) of this paragraph but they are experts when it comes to may reasonably be expected to have a sub- I suggest the absence of a quorum. the needs of their family. They know stantial negative effect on 1 or more of those The PRESIDING OFFICER. The the truth about what the health reform airports. clerk will call the roll. law has already done for their family. ‘‘(h) SCHEDULING PRIORITY.—In admin- The legislative clerk proceeded to Just like Isaac’s family, Minnesotans istering this section, the Secretary shall af- call the roll. may not know every word of the health ford a scheduling priority to operations con- Mr. FRANKEN. Mr. President, I ask reform law, but they are experts on ducted by new entrant air carriers and lim- unanimous consent the order for the ited incumbent air carriers over operations what they need for their own families. quorum call be rescinded. Let me tell you about another Min- conducted by other air carriers granted addi- The PRESIDING OFFICER. Without tional slot exemptions under subsection (g) nesota family who learned about the for service to airports located beyond the pe- objection, it is so ordered. benefits of the new law. Maya, whom rimeter described in section 49109.’’. Mr. FRANKEN. Mr. President, I ask you can see right here, is one of 3 mil- (b) HOURLY LIMITATION.—Section 41718(c)(2) unanimous consent to speak as in lion Americans with epilepsy. She had is amended— morning business. her first seizure when she was just 3 (1) by striking ‘‘3 operations’’ and inserting The PRESIDING OFFICER. Without years old. Modern medicine has not yet ‘‘4 operations’’; and objection, it is so ordered. been able to find a way to stop her sei- (2) by striking ‘‘subsections (a) and (b)’’ HEALTH REFORM and inserting ‘‘under this section’’. zures, but by taking five medications Mr. FRANKEN. Mr. President, I rise (c) LIMITED INCUMBENT DEFINITION.—Sec- per day she can control them. tion 41714(h)(5) is amended— today to talk about health reform. I Recently, Maya’s father was laid off (1) by inserting ‘‘not’’ after ‘‘shall’’ in sub- would like to start by telling you the and the family lost his health insur- paragraph (B); story of a little boy named Isaac. From ance. Maya’s family suddenly had to (2) by striking ‘‘and’’ after the semicolon the day his parents brought him home confront the possibility that they in subparagraph (B); as a newborn to Isanti, MN, he was sick would no longer be able to give Maya (3) by striking ‘‘Administration.’’ in sub- all the time. He had everything from the medication she needs to fight her paragraph (C) and inserting ‘‘Administra- the flu to bronchitis to ear infections. daily seizures. Without insurance, tion; and’’; and (4) by adding at the end the following: But unlike most little boys, Isaac Maya’s medications cost more than ‘‘(D) for purposes of section 41718, an air never seemed to get better. His par- $1,500 a month, which would quickly carrier that holds only slot exemptions’’. ents, as any parents would, did every- bankrupt her family. Losing a job is (d) REVENUES AND FEES AT THE METROPOLI- thing they could to help him. They stressful enough, but before the health TAN WASHINGTON AIRPORTS.—Section 49104(a) brought him to every medical spe- reform law Maya’s parents would have

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In fact, they established the inclusion of the value-based pay- discriminating against children with an independent review panel of expert ment modifier in the Medicare reim- preexisting conditions. So her family health care economists to advise them bursement formulas. was able to get on to another insurance in their analysis of the health reform Perhaps the most commonsense plan without being denied. bill. Not only are the experts’ names thing we did to control costs was mak- The diagnosis of a chronic illness can published on CBO’s Web site, but their ing sure everyone has access to preven- happen to anyone at any time. Often, analysis of the law is public as well. tive care. In Minnesota alone, the law like Maya, it doesn’t happen because of CBO is nothing if not transparent and will give millions of people access to a lifestyle choice or genetic predisposi- independent. free preventive care. Women will be tion. It just happens. Maya was 3 years Of late, we have heard Members of able to get mammograms without any old when she was diagnosed. Paying for this body frankly mischaracterize the out-of-pocket costs. Starting this year, essential medications and health care process by which CBO does its job. seniors now have access to free preven- services that can help control chronic They have said that CBO must rely tive checkups each year without cost. conditions like Maya’s can easily put a solely on information and data fed to This is completely contrary to claims I hard-working family into bankruptcy. them by the majority—‘‘garbage in, have heard on this floor. Medical costs are the cause, wholly garbage out.’’ ‘‘Garbage in, garbage A large part of the cuts in Medicare or in part, of 62 percent of all bank- out’’ is how they describe it here on spending—not cuts in benefits, a large ruptcies in this country. That will the floor. This could not be further part of the cuts in Medicare spending— change dramatically because of this from the truth. Frankly, I find some of is cuts to wasteful subsidies for insur- law. Americans will no longer be dis- my colleagues’ new refrain about CBO ance companies. One of my colleagues has taken to criminated against because of pre- disturbing and not a little disingen- the floor and said this law will ‘‘cut the existing conditions, and insurance uous. funding, so people on Medicare Advan- companies can no longer impose life- One of the things we tried to do in tage who like it, who like the preven- time limits on the dollar amount of health reform was to take steps that tive medicine activities of it, are going care they will provide. This is an enor- would lower the costs of health care in to lose those opportunities.’’ He goes mous, almost incalculable, benefit to this country. Take for example our ef- on to say about the seniors in his State Americans and their peace of mind. forts to reduce administrative costs by that ‘‘once they lose this, they are The truth is, Congress listened to streamlining the way health care pro- going to lose preventive services.’’ This people across this country, people such viders bill for their services. This is is simply not the case. Thanks to this as Isaac and Maya and their families. something I pushed for because we re- law, everyone on Medicare will enjoy By allowing kids to stay on their par- cently did it in Minnesota, and it saved preventive services, so their doctors ents’ insurance longer, we listened by $56 million in the first year alone. Na- tionwide, that should translate to will catch problems early. Seniors ending insurance companies’ discrimi- know that an ounce of prevention is nation against women and people with around $25 to $30 billion over 10 years. Actually, the health reform law went worth a pound of cure. That is why pre- preexisting conditions, and we listened ventive services under this law will be well beyond what Minnesota did. So it when the American people said lifetime covered for everyone without copays, is not surprising that outside experts caps on insurance benefits were forcing contrary to what my friend on the such as those at the Commonwealth millions of chronically ill Americans other side says. into bankruptcy. Fund, Rand, and others estimate much This is what has bothered me about The people of Minnesota believe, as I greater savings from administrative this debate—the constant stream of do, that a family who works hard simplification, in the range of $162 to misinformation. should not be financially ruined if their $187 billion over 10 years. So when CBO This same colleague said this on the kid gets sick. When I was campaigning made their analysis and estimated sav- floor about the law: ‘‘It doesn’t solve I heard this again and again from fami- ings of less than $20 billion in the same America’s doctor shortage. It does not lies across Minnesota—and I was lis- period, I admit I was a little miffed. even address it.’’ It does not even ad- tening. The people asked this Congress But I did not attack CBO. I accepted dress it. Now, no one is claiming this to find a way to make health care af- their results. And we are all duty bill solves the doctor shortages we fordable for everyone, and we did. bound to do the same, even when CBO have in this country, but does not even Now the insurance companies and projects that the law as a whole will address it? There is a whole title in the their political allies want you to be- save over $100 billion in the first 10 law that lays out a number of pro- lieve the only way to keep your pre- years and over $1 trillion in the fol- grams—over 96 pages—that make sig- miums low is to cap the amount of ben- lowing decade. nificant investments in the health care efits you can receive in your lifetime. We accomplished the savings with a workforce, especially in primary care But this is just not true. In the health number of commonsense solutions, physicians. Most notably, it created a reform law, we worked hard to slow the such as stopping insurance companies public health workforce loan repay- growth of health care costs without from padding their bank accounts with ment program that helps recruit and abandoning the over one-third of Amer- profits from sky-high premiums. As place more doctors, nurses, and other ican adults who struggle with chronic part of health reform, we require insur- health care providers in medically un- disease. ance companies to spend at least 80 to derserved areas. That is important for The truth is, last year we passed a 85 percent of the money they receive in States such as Minnesota. And this was bill that will save the lives of countless premiums on actual health care, actual an integral and vital part of health re- Americans and will save billions of tax- health care services—85 percent for form. Anyone who states that this law payer dollars. That is right. According large group plans, 80 percent for small did nothing to address the shortfall of to the Congressional Budget Office, the group or individual plans. This is a pro- health care providers just has not read referee that everyone here in Congress vision I championed. The other 15 or 20 the law. agrees to abide by whether we like percent can be spent on administrative We have seen misrepresentations their decisions or not—according to costs or marketing, on CEO bonuses, from opponents right from the begin- CBO the law saves us money, lots of and on profits. This provision kicked in ning with the so-called death panels, money; in fact, hundreds of billions of this year, and it will hold insurance and it continues to this day: Medicare dollars. companies accountable for costs and recipients are going to be denied pre- Now, let me say a word about CBO to help contain health care costs in this ventive care; the law doesn’t even ad- my colleagues. You cannot use CBO’s country. dress the doctor shortage; CBO is just

VerDate Mar 15 2010 01:25 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.067 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S737 fed garbage by the majority and is not By the way, the doc fix is something health care section there is the heading allowed to look at anything else. we would have to do whether or not we ‘‘Ensure Access for Patients with Pre- In November, one of my colleagues pass health reform. existing Conditions.’’ cited an oft-discredited assertion origi- Yet, despite all of this, the Mayo It goes on to say that they will ban nally made by some Republicans on the Clinic is keeping its doors open to new insurance companies from discrimi- House Ways and Means Committee. Ac- Medicare patients and should be com- nating against patients with pre- cording to one analysis, my colleague mended for that. It should not be ac- existing conditions. That is their said here on the floor, the Internal cused of closing its doors to Medicare pledge. Revenue Service will need to hire 16,000 patients when it is not. Mayo should That makes sense. Over one-third of new IRS employees to enforce the indi- not be used as a political football. all Americans have a preexisting condi- vidual mandate. Well, that is just not Look, I could go on and on with tion. Actually, at the Minnesota State true. Some new IRS employees will be these, but the fact is, if we want to fair, a woman in her early 70s came up needed but nowhere near that number, have a debate about the health care to me and said: You know, at my age, and overwhelmingly they will be there law, we really should make an effort to everything is preexisting. She was en- to administer the tax breaks to small present a case based on what is really rolled in Medicare, but Maya was not. businesses for insuring their employ- in the law and what is really happening And Maya’s family should not have to ees. on the ground. This is what the Amer- choose between going without the care What my colleagues said on the floor ican people want from us. Health care they need and going into bankruptcy. is simply not true. No matter how is far too important to the lives of our But as my colleague indicated, there many times it is repeated, it will not constituents for us to indulge in gross is a risk that this provision would become true. distortion, obvious omission, and ab- incentivize people to buy health insur- There was a colloquy from June of surd extrapolations. The American peo- ance only after they get sick or hurt last year between two of my col- ple do not want that, not for something which would drive everyone’s costs up. leagues. The first Senator said that this important, not for something that So because of this, this second leg of doctors are leaving Medicare. And that affects their lives and the lives of peo- the stool is personal responsibility. We is true. Some are. ple they love. The American people have an individual mandate to make He said: The president of the State of have given us all tremendous respon- sure that people don’t wait until they New York Medical Society is not tak- sibilities. get sick to go get insurance and to cre- ing new Medicare patients. ate a pool of insured people that is Then the second Senator said: As Minnesotans worry that the floor large enough to support all the folks well as the Mayo Clinic. could drop from under them at any The first Senator answered by re- time and that no one will be there to who had previously been unable to get sponding: Mayo Clinic said, we cannot catch them when it does. They worry insurance. If everyone has health in- afford to keep our doors open if we are about their families. They worry about surance, everyone will be able to access taking Medicare patients. their friends and their community. We care when they need it. Then he moved on. owe it to them to be honest with them By the way, the rest of us who have So is it true that the Mayo Clinic and with each other, to be responsible, insurance will benefit because today we really is not taking new Medicare pa- to be real. So let’s get real. are paying almost $1,000 a year per tients? Well, I called up Mayo, which As I mentioned in my story about family in premiums to cover the emer- happens to be in my State, to find out, Maya, the little girl with epilepsy, gency room visits of people who don’t and they gave me the facts. Do you thanks to the new law, she can get have insurance. know what. Of course it is not true. health care because insurance compa- But for some people, buying health The Mayo Clinic has 3,700 staff physi- nies now cannot discriminate against insurance is too expensive. So the third cians and scientists and treats 526,000 children with preexisting conditions. In leg of the stool is affordability. We pro- patients a year. There is one Mayo 2014, insurance companies will not be vide assistance to those families who Clinic, Arizona Family Practice—one— able to discriminate against any Amer- need to buy health coverage on a slid- that isn’t accepting Medicare payment ican child or adult with a preexisting ing scale, all the way up to 400 percent for primary care services. Yet this is condition. And in 2014, that is when the of the Federal poverty level. just part of a time-limited trial for this mandate kicks in. So that is our three-legged stool: ac- one clinic with just five physicians on Here is what one of my colleagues cessibility, accountability, and afford- staff. That is it. But this becomes, to says about the provision in the law ability. We don’t discriminate against quote my colleague: Mayo Clinic said, that now allows little 3-year-old Maya people with preexisting conditions, and we cannot afford to keep our doors to be treated for her epilepsy: so we have a mandate so people don’t open if we are taking Medicare pa- The health care law allows parents to wait wait until they get sick or hurt to get tients. Well, the Mayo Clinic is the until their child is sick before buying a pol- insurance. Because you are mandated largest private employer in Minnesota icy. When only sick people buy health insur- to get health insurance, we make sure and, believe me, their doors are still ance, premiums have to go up. As the rate everyone can afford it. A three-legged open to new Medicare patients. increases, more people drop their coverage. stool. If you take any leg out, the stool Medicare reimbursements are low, That is why we have the mandate. collapses. and Mayo has actually lost hundreds of The mandate is crucial if you want to When I have explained it this way to millions of dollars in the last year do things such as getting rid of denials Minnesotans, I find they are no longer alone because of this. Mayo, like the for preexisting conditions. And, by the confused about the law. They know rest of Minnesota, delivers higher value way, the mandate has been a Repub- how important it is to have access to care at a lower cost than clinics and lican idea. The mandate was a Repub- health insurance regardless of pre- hospitals in other States. That is be- lican idea in their 1993 health reform existing conditions, to take responsi- cause Mayo provides coordinated inte- bill. Let me tell you why. The health bility for themselves and their fami- grated care. Mayo’s outstanding doc- care law is like a three-legged stool. lies, and to have health care they can tors are on salaries, so they are not The first leg is accessibility. Everyone afford. But some of my colleagues have incentivized to order and perform un- needs to be able to buy insurance so been advocating that we cut off a leg or necessary and expensive tests and pro- that when they get sick or hurt, they even two legs of the stool. But a two- cedures. And Mayo’s outcomes are sec- can access the care they need. legged stool collapses. And a one- ond to none. Yet Mayo is punished for So we banned insurance companies legged stool? Maybe at best it is a spin- all of this by receiving lower reim- from discriminating against people ning plate. bursements for Medicare. That is why I with preexisting conditions. Banning The arguments for repealing this law pushed, with other colleagues, for the discrimination against people with pre- remind me of an old Shalom Aleichem value index. That is why we need to existing conditions is something that story I heard from my dad when I was pass the so-called doc fix that cancels both parties say they like. In fact, in growing up. You don’t hear much about scheduled cuts to reimbursement rates its Pledge to America, the document Shalom Aleichem on the Senate floor. I every year. that Republicans ran on in 2010, in the will tell you a little bit about it.

VerDate Mar 15 2010 01:25 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.068 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S738 CONGRESSIONAL RECORD — SENATE February 15, 2011 Shalom Aleichem was a beloved 20th to the rest of the country. As the rest trying to do, and they don’t want to go century writer who wrote stories, nov- of the country saw insurance premiums back to the broken system we had be- els, and plays in Yiddish. The Broad- go up by 6.1 percent from 2007 to 2008, fore it passed. They know it is crucial way hit ‘‘Fiddler on the Roof’’ was premiums in Massachusetts only went that American families have health based on his writings. In the story my up by 5.0 percent. That is more than 20 care when they need it. They know this dad told me, a man borrows a plate percent less than the rest of the coun- law will give millions more American from his neighbor. The man takes the try just a year after its health care re- families access to this care while cre- plate home and drops it accidentally form was passed. That is not a silver ating jobs and saving money. and breaks it. He sneaks back into his bullet, but it is certainly a step in the The truth is, the people have spoken neighbor’s house and replaces the bro- right direction for small business own- on health care. Unfortunately, some of ken plate. The neighbor comes home, ers and for families. More than 98 per- my colleagues have not been listening. finds the broken plate, and goes over to cent of Massachusetts residents have When you are talking about legisla- the guy’s house. He basically says: health insurance, as compared to less tion, it is easy to fall into the trap of What is the deal with the broken plate? than 84 percent nationally. either promising the world or warning The guy says: Well, in the first place, The effects of health reform in that that it will cause the sky to fall. Nei- I didn’t borrow it. In the second place, State are pretty clear. More people are ther is right, and the reality is far when I borrowed it, it was already bro- insured. Premiums are not going up as more complex. The truth is, the Afford- ken. And in the third place, when I re- quickly as around the country. More able Care Act will change millions of turned it, it was in one piece. people are getting their insurance lives but will not fix a very broken That is what I am hearing from the through their employer. health care system overnight. It was opponents of this bill who want to re- The health reform law is not a silver the result of a lot of negotiation and peal it. In the first place, we are for bullet but hopefully a series of steps in compromise. banning discrimination against people the right direction. You have to ques- The truth is, the American people with preexisting conditions. In the section the claims of my colleagues who want us to move forward and imple- ond place, we are against banning dis- say that health reform will cause the ment this law. They know some parts crimination against people with pre- sky to fall, because there is good evi- of it will work better than other parts. existing conditions because then no dence to believe they are crying wolf. They want us to change what does not one would buy health insurance until Yes, you heard me right, Chicken Lit- work and build on what does. They they get sick or hurt. That would drive tle is crying wolf. know provisions like the ban on dis- up the cost of health insurance. And in Ask the people of Massachusetts. In a crimination against children with pre- the third place, we want to repeal the recent poll, nearly 80 percent of Massa- existing conditions are already helping law because it makes healthy people chusetts residents said they wanted to families across this country, including buy health insurance or pay a fine in keep the health reform law they passed Isaac, including Maya. I challenge my colleagues to talk to order to keep the cost of health insur- in 2006; nearly 80 percent. families with children like Isaac and ance down. This is what I hear every Here is another one. I have heard a Maya. Americans are experts on the day from the opponents of the health colleague urging repeal of this law say: health care needs of their own families. care bill. We need to allow small businesses to join I have talked to families all over Min- Opponents of the bill, my colleagues together, to pool together, in order to offer nesota, and they tell me they need ac- on the other side, pledge that they affordable health insurance to their workers, cessible health care, they need afford- won’t discriminate against people with get better deals with insurance costs. able health care, and they want to take preexisting conditions but then they He said this as if it weren’t in the personal responsibility to insure their say they don’t want to ban discrimina- law. In fact, he has said these exact families. But the truth is, they need tion because they don’t want to en- words repeatedly here on the floor, our help. They need us to make sure courage people to wait until they are each time creating the clear implica- the stool keeps standing. sick to buy insurance. But they don’t tion that the health reform law does Thank you, Mr. President. I yield the want to mandate that people take per- not allow small businesses to pool to- floor and suggest the absence of a sonal responsibility by buying health gether to get better deals on health in- quorum. surance. But in fact this is exactly why insurance. Then they stand up and say The PRESIDING OFFICER. The we passed a health reform law that in- the American people are, to quote a clerk will call the roll. colleague, ‘‘sick of spin.’’ cludes health insurance exchanges. The assistant bill clerk proceeded to I would like my colleagues to stand We owe it to the American people to call the roll. and admit that they broke the plate. tell the truth about this. The truth is Mr. REID. Mr. President, I ask unan- We owe it to the people who elected us that health reform created State insur- imous consent that the order for the to this body to tell the truth about the ance exchanges so that health care will quorum call be rescinded. health reform law. We owe it to the be available to the 43 million workers The PRESIDING OFFICER. Without millions of Americans whose lives will employed by the 5.9 million small busi- objection, it is so ordered. be changed by the provisions in this nesses around the country. The ex- CLOTURE MOTION law, such as Isaac, such as Maya. changes will also make affordable Mr. REID. Mr. President, I have a Already we have seen the positive health insurance available to 22 mil- cloture motion at the desk, and I ask it changes that such reform can bring. lion self-employed Americans. Within be reported. Look no further than the State of Mas- these exchanges, insurance companies The PRESIDING OFFICER. The clo- sachusetts which, in 2006, passed its will compete and offer multiple plans ture motion having been presented own set of health reforms. Its reforms so that everyone can choose a plan under rule XXII, the Chair directs the were similar to what the Affordable that works best for their family. And clerk to read the motion. Care Act is doing at the national level, in all cases, they will be negotiated on The assistant bill clerk read as fol- including an individual mandate, sub- behalf of the combined pools of all par- lows: sidies, and even an exchange. The re- ticipating businesses with fewer than CLOTURE MOTION sult has been a huge increase in the 100 employees in the State. This will We, the undersigned Senators, in accord- number of people with health insur- give unprecedented negotiating power ance with the provisions of rule XXII of the ance, including an increase in the num- and competition that will directly ben- Standing Rules of the Senate, do hereby ber of people who get insurance efit workers at small businesses. And move to bring to a close debate on Calendar through their jobs. Let me put that an- not just the workers but especially the No. 5, S. 223, FAA Air Transportation Mod- other way: Because of the State’s owners of those businesses who, by the ernization and Safety Improvement Act: Harry Reid, Jay D. Rockefeller IV, Kent health care reform, more people have way, are already receiving tax credits Conrad, Bernard Sanders, Benjamin L. health insurance from their employer. to help them pay for their employees’ Cardin, Sheldon Whitehouse, Patrick J. At the same time Massachusetts has insurance. Leahy, John F. Kerry, Amy Klobuchar, seen a decrease in the rate at which The fact is, the majority of Ameri- Jeff Bingaman, Jack Reed, Tom Har- premiums are going up when compared cans are supportive of what this law is kin, Carl Levin, Kirsten E. Gillibrand,

VerDate Mar 15 2010 01:25 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.069 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S739 Christopher A. Coons, Claire MORNING BUSINESS change people’s behavior with respect to McCaskill, Richard J. Durbin. working, investing and producing. To do Mr. ROCKEFELLER. Mr. President, I Mr. REID. Mr. President, I ask unan- this, personal income tax rates not only de- ask unanimous consent that the Sen- creased significantly, but they were also in- imous consent that the mandatory ate proceed to a period of morning dexed for inflation in 1985. The highest tax quorums with respect to the cloture business, with each Senator permitted rate on ‘‘unearned’’ (i.e., non-wage) income motions be waived. to speak for up to 10 minutes each. dropped to 28% from 70%. The corporate tax The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without rate also fell to 34% from 46%. And tax objection, it is so ordered. objection, it is so ordered. brackets were pushed out, so that taxpayers Mr. REID. Mr. President, I am told wouldn’t cross the threshold until their in- f comes were far higher. the managers of this bill have some Changing tax rates changed behavior, and business they still need to transact on REMEMBERING RONALD REAGAN changed behavior affected tax revenues. this matter tonight. Mr. KYL. Mr. President, last week we Reagan understood that lowering tax rates Mr. ROCKEFELLER. Mr. President, I were all celebrating what would have led to static revenue losses. But he also un- suggest the absence of a quorum. been the 100th anniversary of Ronald derstood that lowering tax rates also in- The PRESIDING OFFICER. The creased taxable income, whether by increas- Reagan. There was a piece in the Wall ing output or by causing less use of tax shel- clerk will call the roll. Street Journal by one of the econo- ters and less tax cheating. The assistant legislative clerk pro- mists who advised Ronald Reagan, Ar- Moreover, Reagan knew from personal exceeded to call the roll. thur Laffer, which I think recounts and perience in making movies that once he was Mr. ROCKEFELLER. Mr. President, I discusses probably as good as any other in the highest tax bracket, he’d stop making ask unanimous consent that the order summary I have ever seen the con- movies for the rest of the year. In other for the quorum call be rescinded. words, a lower tax rate could increase reve- tribution Reagan and his administra- nues. And so it was with his tax cuts. The The PRESIDING OFFICER. Without tion made to the economy of the highest 1% of income earners paid more in objection, it is so ordered. United States. taxes as a share of GDP in 1988 at lower tax AMENDMENTS NOS. 5, AS MODIFIED, AND 55, EN Therefore, I ask unanimous consent rates than they had in 1980 at higher tax BLOC to have printed in the RECORD the arti- rates. To Reagan, what’s been called the Mr. ROCKEFELLER. Mr. President, I cle from the Wall Street Journal dated ‘‘Laffer Curve’’ (a concept that originated February 10, 2011. centuries ago and which I had been using ask unanimous consent that the Blunt without the name in my classes at the Uni- amendment No. 5 be modified with the There being no objection, the mate- versity of Chicago) was pure common sense. changes that are at the desk; further, rial was ordered to be printed in the There was also, in Reagan’s first year, his that the Blunt amendment No. 5, as RECORD, as follows: response to an illegal strike by federal air modified, and the Reid amendment No. [From the Wall Street Journal, Feb. 10, 2011] traffic controllers. The president fired and replaced them with military personnel until 55 be considered and agreed to en bloc REAGANOMICS: WHAT WE LEARNED and the motions to reconsider be laid permanent replacements could be found. (By Arthur B. Laffer) Given union power in the economy, this was upon the table, with no intervening ac- For 16 years prior to Ronald Reagan’s pres- a dramatic act—especially considering the tion or debate. idency, the U.S. economy was in a tailspin— well-known fact that the air traffic control- The PRESIDING OFFICER. Without a result of bipartisan ignorance that resulted lers union, Patco, had’ backed Reagan in the objection, it is so ordered. in tax increases, dollar devaluations, wage 1980 presidential election. The amendment (No. 5), as modified, and price controls, minimum-wage hikes, On the regulatory front, the number of was agreed to, as follows: misguided spending, pandering to unions, pages in the Federal Register dropped to less than 48,000 in 1986 from over 80,000 in 1980. On page 311, between lines 11 and 12, insert protectionist measures and other policy mis- With no increase in the minimum wage over the following: takes. In the late 1970s and early ’80s, 10-year his full eight years in office, the negative SEC. 733. APPROVAL OF APPLICATIONS FOR THE bond yields and inflation both were in the impact of this price floor on employment SECURITY SCREENING OPT-OUT was lessened. PROGRAM. low double digits. The ‘‘misery index’’—the sum of consumer price inflation plus the un- And, of course, there was the decontrol of Section 44920(b) of title 49, United States oil markets. Price controls at gas stations Code, is amended to read as follows: employment rate—peaked at well over 20%. The real value of the S&P 500 stock price were lifted in January 1981, as were well- ‘‘(b) APPROVAL OF APPLICATIONS.— index had declined at an average annual rate head price controls for domestic oil pro- ‘‘(1) IN GENERAL.—Not later than 30 days of 6% from early 1966 to August 1982. ducers. Domestic output increased and prices after receiving an application submitted For anyone old enough today, memories of fell. President Carter’s excess profits tax on under subsection (a), the Under Secretary the Arab oil embargo and price shocks—fol- oil companies was repealed in 1988. may approve the application. The results of the Reagan era? From De- lowed by price controls and rationing and ‘‘(2) RECONSIDERATION OF REJECTED APPLI- cember 1982 to June 1990, Reaganomics cre- long lines at gas stations—are traumatic. CATIONS.—Not later than 30 days after the ated over 21 million jobs—more jobs than The U.S. share of world output was on a date of the enactment of the FAA Air Trans- have been added since. Union membership steady course downward. portation Modernization and Safety Im- and man-hours lost due to strikes tumbled. Then Reagan entered center stage. His provement Act, the Under Secretary shall re- The stock market went through the roof. first tax bill was enacted in August 1981. It consider and approve any application to have From July 1982 through August 2000, the included a sweeping cut in marginal income the screening of passengers and property at S&P 500 stock price index grew at an average tax rates, reducing the top rate to 50% from an airport carried out by the screening per- annual real rate of over 12%. The unfunded 70% and the lowest rate to 11% from 14%. sonnel of a qualified private screening com- liabilities of the Social Security system de- The House vote was 238 to 195, with 48 Demo- pany that was submitted under subsection clined as a share of GDP, and the ‘‘misery crats on the winning side and only one Re- (a) and was pending on any day between Jan- index’’ fell to under 10%. publican with the losers. The Senate vote uary 1, 2011, and February 3, 2011, if Under Even Reagan’s first Democratic successor, was 89 to 11, with 37 Democrats voting aye Secretary determines that the application Bill Clinton, followed in his footsteps. The and only one Republican voting nay. Reagan- demonstrates that having the screening of negotiations for what would become the omics had officially begun. passengers and property carried out by such North American Free Trade Agreement President Reagan was not alone in chang- screening personnel will provide security began in Reagan’s second term, but it was ing America’s domestic economic agenda. that is equal to or greater than the level President Clinton who pushed the agreement Federal Reserve Chairman Paul Volcker, that would be provided by Federal Govern- through Congress in 1993 over the objections first appointed by Jimmy Carter, deserves ment personnel. of the unions and many in his own party. enormous credit for bringing inflation down President Clinton also signed into law the ‘‘(3) REPORT.—If the Under Secretary de- to 3.2% in 1983 from 13.5% in 1981 with a nies an application submitted under sub- biggest capital gains tax cut in our nation’s tight-money policy. There were other heroes section (a), the Under Secretary shall submit history in 1997. It effectively eliminated any of the tax-cutting movement, such as Wis- to the Committee on Commerce, Science, capital gains tax on owner-occupied homes. consin Republican Rep. Bill Steiger and Wy- and Transportation of the Senate and the Mr. Clinton reduced government spending as oming Republican Sen. Clifford Hansen, the Committee on Transportation and Infra- a share of GDP by 3.5 percentage points, two main sponsors of an important capital more than the next four best presidents com- structure of the House of Representatives a gains tax cut in 1978. bined. Where Presidents George H.W. Bush report that describes the reason for the de- What the Reagan Revolution did was to and Bill Clinton slipped up was on personal nial of the application.’’. move America toward lower, flatter tax income tax rates—allowing the highest per- The amendment (No. 55) was agreed rates, sound money, freer trade and less reg- sonal income tax rate to eventually rise to to. ulation. The key to Reaganomics was to 39.6% from 28%.

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.070 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S740 CONGRESSIONAL RECORD — SENATE February 15, 2011 The true lesson to be learned from the tion Act of 1946, as amended) and (I) with the 72 hours in advance of their appearance, un- Reagan presidency is that good economics prior consent of the Government department less the Chairman and the Ranking Minority isn’t Republican or Democrat, right-wing or or agency concerned and the Committee on Member determine there is good cause for left-wing, liberal or conservative. It’s simply Rules and Administration, to use on a reim- noncompliance. good economics. President Barack Obama bursable basis the services of personnel of 6. COUNSEL. A witness’s counsel shall be should take heed and not limit his vision any such department or agency. permitted to be present during his testimony while seeking a workable solution to Amer- (2) The chairman of the special committee at any public or closed hearing or deposi- ica’s tragically high unemployment rate. or any Member thereof may administer tions or staff interview to advise such wit- f oaths to witnesses. ness of his or her rights, provided, however, (3) Subpoenas authorized by the special that in the case of any witness who is an offi- SPECIAL COMMITTEE ON AGING committee may be issued over the signature cer or employee of the government, or of a RULES OF PROCEDURE of the chairman, or any Member of the spe- corporation or association, the Chairman Mr. KOHL. Mr. President, I ask unan- cial committee designated by the chairman, may rule that representation by counsel and may be served by any person designated from the government, corporation, or asso- imous consent that the Special Com- by the chairman or the Member signing the ciation creates a conflict of interest, and mittee on Aging rules for the 112th subpoena. that the witness shall be represented by per- Congress be printed in the RECORD. (d) All records and papers of the temporary sonal counsel not from the government, cor- There being no objection, the mate- Special Committee on Aging established by poration, or association. rial was ordered to be printed in the Senate Resolution 33, Eighty-seventh Con- 7. TRANSCRIPT. An accurate electronic or RECORD, as follows: gress, are transferred to the special com- stenographic record shall be kept of the tes- mittee. SPECIAL COMMITTEE ON AGING timony of all witnesses in closed sessions RULES OF PROCEDURE and public hearings. Any witness shall be af- JURISDICTION AND AUTHORITY I. CONVENING OF MEETINGS forded, upon request, the right to review S. Res. 4, § 104, 95th Congress, 1st Session (1977) 1 that portion of such record, and for this pur- 1. MEETINGS. The Committee shall meet to (a)(1) There is established a Special Com- pose, a copy of a witness’s testimony in pub- conduct Committee business at the call of mittee on Aging (hereafter in this section relic or closed session shall be provided to the the Chairman. The Members of the Com- ferred to as the ‘‘special committee’’) which witness. Upon inspecting his or her tran- mittee may call additional meetings as pro- shall consist of nineteen Members. The Mem- script, within a time limit set by the com- vided in Senate Rule XXVI (3). bers and chairman of the special committee mittee clerk, a witness may request changes 2. NOTICE AND AGENDA: shall be appointed in the same manner and in testimony to correct errors of tran- (a) WRITTEN NOTICE. The Chairman shall at the same time as the Members and chair- scription, grammatical errors, and obvious give the Members written notice of any Com- man of a standing committee of the Senate. errors of fact. The Chairman or a staff officer mittee meeting, accompanied by an agenda After the date on which the majority and mi- designated by him shall rule on such request. enumerating the items of business to be con- nority Members of the special committee are 8. IMPUGNED PERSONS. Any person who be- sidered, at least 5 days in advance of such initially appointed on or affect the effective lieves that evidence presented, or comment meeting. date of title I of the Committee System Re- made by a Member or staff, at a public hear- (b) SHORTENED NOTICE. A meeting may be organization Amendments of 1977, each time ing or at a closed hearing concerning which called on not less than 24 hours notice if the a vacancy occurs in the Membership of the there have been public reports, tends to im- Chairman, with the concurrence of the special committee, the number of Members pugn his or her character or adversely affect Ranking Minority Member, determines that of the special committee shall be reduced by his or her reputation may: there is good cause to begin the meeting on one until the number of Members of the spe- (a) file a sworn statement of facts relevant shortened notice. An agenda will be fur- cial committee consists of nine Senators. to the evidence or comment, which shall be nished prior to such a meeting. (2) For the purposes of paragraph 1 of rule placed in the hearing record; and 3. PRESIDING OFFICER. The Chairman shall XXV; paragraphs 1, 7(a)(1)–(2), 9, and 10(a) of preside when present. If the Chairman is not (b) request the opportunity to appear per- rule XXVI; and paragraphs 1(a)–(d), and 2(a) present at any meeting, the Ranking Major- sonally before the Committee to testify in and (d) of rule XXVII of the Standing Rules ity Member present shall preside. his or her own behalf. of the Senate; and the purposes of section 9. MINORITY WITNESSES. Whenever any II. CONVENING OF HEARINGS 202(I) and (j) of the Legislative Reorganiza- hearing is conducted by the Committee, the tion Act of 1946, the special committee shall 1. NOTICE. The Committee shall make pub- Ranking Member shall be entitled to call at be treated as a standing committee of the lic announcement of the date, place and sub- least one witness to testify or produce docu- Senate. ject matter of any hearing at least one week ments with respect to the measure or matter (b)(1) It shall be the duty of the special before its commencement. A hearing may be under consideration at the hearing. Such re- committee to conduct a continuing study of called on not less than 24 hours notice if the quest must be made before the completion of any and all matters pertaining to problems Chairman, with the concurrence of the the hearing or, if subpoenas are required to and opportunities of older people, including, Ranking Minority Member, determines that call the minority witnesses, no later than but not limited to, problems and opportuni- there is good cause to begin the hearing on three days before the hearing. ties of maintaining health, of assuring ade- shortened notice. 10. CONDUCT OF WITNESSES, COUNSEL AND quate income, of finding employment, of en- 2. PRESIDING OFFICER. The Chairman shall MEMBERS OF THE AUDIENCE. If, during public gaging in productive and rewarding activity, preside over the conduct of a hearing when or executive sessions, a witness, his or her of securing proper housing, and when nec- present, or, whether present or not, may del- counsel, or any spectator conducts him or essary, of obtaining care or assistance. No egate authority to preside to any Member of herself in such a manner as to prevent, im- proposed legislation shall be referred to such the Committee. pede, disrupt, obstruct, or interfere with the committee, and such committee shall not 3. WITNESSES. Witnesses called before the orderly administration of such hearing the have power to report by bill, or otherwise Committee shall be given, absent extraor- Chairman or presiding Member of the Com- have legislative jurisdiction. dinary circumstances, at least forty-eight mittee present during such hearing may re- (2) The special committee shall, from time hours notice, and all witnesses called shall quest the Sergeant at Arms of the Senate, to time (but not less than once year), report be furnished with a copy of these rules upon his representative or any law enforcement to the Senate the results of the study con- request. official to eject said person from the hearing ducted pursuant to paragraph (1), together 4. OATH. All witnesses who testify to mat- room. with such recommendation as it considers ters of fact shall be sworn unless the Com- appropriate. mittee waives the oath. The Chairman, or III. CLOSED SESSIONS AND CONFIDENTIAL (c)(1) For the purposes of this section, the any Member, may request and administer MATERIALS special committee is authorized, in its dis- the oath. 1. PROCEDURE. All meetings and hearings cretion, (A) to make investigations into any 5. TESTIMONY. At least 72 hours in advance shall be open to the public unless closed. To matter within its jurisdiction, (B) to make of a hearing, each witness who is to appear close a meeting or hearing or portion there- expenditures from the contingent fund of the before the Committee shall submit his or her of, a motion shall be made and seconded to Senate, (C) to employ personnel, (D) to hold testimony by way of electronic mail, in a go into closed discussion of whether the hearings, (E) to sit and act at any time or format determined by the Committee and meeting or hearing will concern Committee place during the sessions, recesses, and ad- sent to an electronic mail address specified investigations or matters enumerated in journed periods of the Senate, (F) to require, by the Committee, unless the Chairman and Senate Rule XXVI(5)(b). Immediately after by subpoena or otherwise, the attendance of Ranking Minority Member determine that such discussion, the meeting or hearing or witnesses and the production of correspond- there is good cause for a witness’s failure to portion thereof may be closed by a vote in ence books, papers, and documents, (G) to do so. A witness shall be allowed no more open session of a majority of the Members of take depositions and other testimony, (H) to than ten minutes to orally summarize his or the Committee present. procure the serve of individual consultants her prepared statement. Officials of the fed- 2. WITNESS REQUEST. Any witness called for or organizations thereof (as authorized by eral government shall file 100 copies of such a hearing may submit a written request to section 202(I) of the Legislative Reorganiza- statement with the clerk of the Committee the Chairman no later than twenty-four

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.020 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S741 hours in advance for his or her examination ming from Committee investigations shall duct investigations, including use of sub- to be in closed or open session. The Chair- be printed only with the approval of a major- poenas, depositions, and commissions. man shall inform the Committee of any such ity of the Members of the Committee. 3. RULES. A subcommittee shall be gov- request. VII. DEPOSITIONS AND COMMISSIONS erned by the Committee rules, except that its quorum for all business shall be one-third 3. CONFIDENTIAL MATTER. No record made 1. NOTICE. Notices for the taking of deposi- of the subcommittee Membership, and for of a closed session, or material declared con- tions in an investigation authorized by the hearings shall be one Member. fidential by a majority of the Committee, or Committee shall be authorized and issued by report of the proceedings of a closed session, the Chairman or by a staff officer designated IX. REPORTS shall be made public, in whole or in part or by him. Such notices shall specify a time and Committee reports incorporating Com- by way of summary, unless specifically au- place for examination, and the name of the mittee findings and recommendations shall thorized by the Chairman and Ranking Mi- staff officer or officers who will take the dep- be printed only with the prior approval of a nority Member. osition. Unless otherwise specified, the depo- majority of the Committee, after an ade- IV. BROADCASTING sition shall be in private. The Committee quate period for review and comment. The 1. CONTROL. Any meeting or hearing open shall not initiate procedures leading to printing, as Committee documents, of mate- to the public may be covered by television, criminal or civil enforcement proceedings for rials prepared by staff for informational pur- radio, or still photography. Such coverage a witness’s failure to appear unless the depo- poses, or the printing of materials not origi- must be conducted in an orderly and unob- sition notice was accompanied by a Com- nating with the Committee or staff, shall re- trusive manner, and the Chairman may for mittee subpoena. quire prior consultation with the minority good cause terminate such coverage in whole 2. COUNSEL. Witnesses may be accompanied staff; these publications shall have the fol- or in part, or take such other action to con- at a deposition by counsel to advise them of lowing language printed on the cover of the trol it as the circumstances may warrant. their rights, subject to the provisions of Rule document: ‘‘Note: This document has been printed for informational purposes. It does 2. REQUEST. A witness may request of the II(6). Chairman, on grounds of distraction, harass- 3. PROCEDURE. Witnesses shall be examined not represent either findings or recommendations formally adopted by the Com- ment, personal safety, or physical discom- upon oath administered by an individual au- mittee.’’ fort, that during his or her testimony cam- thorized by local law to administer oaths. eras, media microphones, and lights shall Questions shall be propounded orally by X. AMENDMENT OF RULES not be directed at him or her. Committee staff. Objections by the witnesses The rules of the Committee may be amend- as to the form of questions shall be noted by ed or revised at any time, provided that not V. QUORUMS AND VOTING the record. If a witness objects to a question less than a majority of the Committee 1. REPORTING. A majority shall constitute and refuses to testify on the basis of rel- present so determine at a Committee meet- a quorum for reporting a resolution, rec- evance or privilege, the Committee staff may ing preceded by at least 3 days notice of the ommendation or report to the Senate. proceed with the deposition, or may at that amendments or revisions proposed. 2. COMMITTEE BUSINESS. A third shall con- time or at a subsequent time, seek a ruling ENDNOTE stitute a quorum for the conduct of Com- by telephone or otherwise on the objection 1 mittee business, other than a final vote on As amended by S. Res. 78. 95th Cong., 1st from a Member of the Committee. If the Sess. (1977), S. Res. 376, 95th Cong., 2d Sess. reporting, providing a minority Member is Member overrules the objection, he or she present. (1978), S. Res. 274, 96th Cong., 1st Sess. (1979), may refer the matter to the Committee or S. Res. 389, 96th Cong., 2d Sess. (1980). 3. HEARINGS. One Member shall constitute the Member may order and direct the wit- a quorum for the receipt of evidence, the ness to answer the question, but the Com- f swearing of witnesses, and the taking of tes- mittee shall not initiate the procedures lead- IDAHO SMALL BUSINESS timony at hearings. ing to civil or criminal enforcement unless DEVELOPMENT CENTER 4. POLLING: the witness refuses to testify after he or she (a) SUBJECTS. The Committee may poll (1) has been ordered and directed to answer by a Mr. RISCH. Mr. President, I rise internal Committee matters including those Member of the Committee. today to recognize the Idaho Small concerning the Committee’s staff, records, 4. FILING. The Committee staff shall see Business Development Center for its 25 and budget; (2) other Committee business that the testimony is transcribed or elec- years of supporting small business in which has been designated for polling at a tronically recorded. If it is transcribed, the Idaho. The Idaho Small Business Devel- meeting. witness shall be furnished with a copy for re- opment Center has a rich tradition of (b) PROCEDURE. The Chairman shall cir- view. No later than five days thereafter, the culate polling sheets to each Member speci- service to small business all over witness shall return a signed copy, and the Idaho. fying the matter being polled and the time staff shall enter the changes, if any, re- limit for completion of the poll. If any Mem- quested by the witness in accordance with The mission of the Idaho Small Busi- ber so requests in advance of the meeting, Rule II(7). If the witness fails to return a ness Development Center is to enhance the matter shall be held for meeting rather signed copy, the staff shall note on the tran- the success of small businesses in Idaho than being polled. The clerk shall keep a script the date a copy was provided and the by providing high-quality consulting record of polls. If the Chairman determines failure to return it. The individual admin- and training. The staff has delivered that the polled matter is one of the areas istering the oath shall certify on the tran- up-to-date consulting, training, tech- enumerated in Rule III(1), the record of the script that the witness was duly sworn in his nical assistance and environmental poll shall be confidential. Any Member may or her presence, the transcriber shall certify request a Committee meeting following a regulatory assistance in all aspects of that the transcript is a true record to the small business management since 1986. poll for a vote on the polled decision. testimony, and the transcript shall then be VI. INVESTIGATIONS filed with the Committee clerk. Committee Their primary goal is to help small business owners and entrepreneurs 1. AUTHORIZATION FOR INVESTIGATIONS. All staff may stipulate with the witness to investigations shall be conducted on a bipar- changes in this procedure; deviations from make sound decisions for the successful tisan basis by Committee staff. Investiga- the procedure which do not substantially im- operation of their business. tions may be initiated by the Committee pair the reliability of the record shall not re- Each year, Idaho Small Business De- staff upon the approval of the Chairman and lieve the witness from his or her obligation velopment Center consultants meet the Ranking Minority Member. Staff shall to testify truthfully. with clients to provide guidance in de- keep the Committee fully informed of the 5. COMMISSIONS. The Committee may au- veloping and growing a successful busi- progress of continuing investigations, except thorize the staff, by issuance of commissions, to fill in prepared subpoenas, conduct ness. Statistics show that on average, where the Chairman and the Ranking Minor- Idaho Small Business Development ity Member agree that there exists tem- field hearings, inspect locations, facilities, porary cause for more limited knowledge. or systems of records, or otherwise act on be- Center clients achieve greater than 10 2. SUBPOENAS. Subpoenas for the attend- half of the Committee. Commissions shall be times the sales and employment ance of witnesses or the production of memo- accompanied by instructions from the Com- growth of the typical Idaho small busi- randa, documents, records, or any other ma- mittee regulating their use. ness. terials shall be issued by the Chairman, or VIII. SUBCOMMITTEES At the Idaho Small Business Develop- by any other Member of the Committee des- 1. ESTABLISHMENT. The Committee will opment Center, client satisfaction and ignated by him. Prior to the issuance of each erate as a Committee of the Whole, reserving success are the ultimate measures of subpoena, the Ranking Minority Member, to itself the right to establish temporary the work they do. They strive to de- and any other Member so requesting, shall subcommittees at any time by majority liver high quality, innovative programs be notified regarding the identity of the per- vote. The Chairman of the full Committee and services in a consistent and timely son to whom the subpoena will be issued and and the Ranking Minority Member shall be the nature of the information sought, and its ex officio Members of all subcommittees. manner and take great pride in the relationship to the investigation. 2. JURISDICTION. Within its jurisdiction as success of those served. 3. INVESTIGATIVE REPORTS. All reports con- described in the Standing Rules of the Sen- Under the long-time leadership of taining findings or recommendations stem- ate, each subcommittee is authorized to con- Jim Hogge, the Idaho Small Business

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She Few Americans outside of Wash- Through the ups and downs of the summed up her commitment to philan- ington have heard of ‘‘Mr. Aly,’’ and economy, the Idaho Small Business De- thropy by saying ‘‘charity work is part Mr. Aly was just fine with that—but velopment Center has always been of life, we all have to do some of it . . . for 35 years he was a very welcomed there with an open door and a helping this is our legacy.’’ sight to everyone and anyone who ap- hand. Today, they partner with Idaho’s A woman of great conviction and vi- peared on ‘‘Meet the Press’’ and spent colleges and universities to teach the sion, Mrs. Peters leaves behind a leg- time in what was very much ‘‘his’’ principles of business and cultivate the acy of philanthropy and community Green Room. next generation of Idaho entre- service and the admiration of those From 1976 until his death last month preneurs. whose lives she touched over the years. at age 79, Mr. Aly was a proud fixture It is my privilege to recognize the She has made indelible contributions off-camera at America’s longest-run- 25th anniversary of what is truly one of to make Fresno a better place. She will ning news program. He was the Idaho’s bedrock institutions, the Idaho be missed.∑ tuxedoed figure who greeted the guests, Small Business Development Center. f and implored them and their staffs to dig into coffee or orange juice before f CITY OF HOPE MILESTONE the show—and to stay for the post- ADDITIONAL STATEMENTS ∑ Mrs. BOXER. Mr. President, I want show meal afterwards. He was the to recognize the important work and quiet, supportive presence who always accomplishments of City of Hope as it put you at ease before the grilling REMEMBERING ALICE A. PETERS reaches its 10,000th bone marrow trans- interviews and roundtable discussions ∑ Mrs. BOXER. Mr. President, I ask my plant, becoming one of the first insti- began. And he was a kind man who—in colleagues to join me in honoring the tutions in the world to reach this mile- gestures large and small—harkened memory of Alice A. Peters, a philan- stone. back to a time when Washington was thropist who, along with her late hus- Founded in 1913, City of Hope has more civil, back to an era when people band Leon S. Peters, generously sup- helped to improve the quality of life here in Washington really took the ported many educational, cultural, and for thousands of men, women, and chil- time to know each other. community causes in Fresno, CA. Mrs. dren by leading research to develop In the 22 years that I knew him, from Peters passed away on January 24. She new treatments and cures for cancer, my very first appearance on the show was 97 years old. diabetes, and other life-threatening as a very junior Senator in 1988, to the Born Alice Apregan, Mrs. Peters was diseases. cold winter morning in December of the daughter of Armenian immigrants Nearly 35 years ago, City of Hope 2002 when I went on with Tim Russert who immigrated to Lynn, MA, in 1907 helped pioneer the development of bone to announce for President, I never once to escape the persecution of Ottoman marrow transplantation as a treatment asked Mr. Aly his political affiliation. Turks. In search of a better place to for diseases such as leukemia, He was just a gentle soul in a tuxedo call home, the family moved in 1911 to lymphoma, and myeloma; this Janu- who was unfailingly kind to all the the San Joaquin Valley of California ary, City of Hope performed its 10,000th guests, Democrat or Republican. where many people from their native transplant. But I will never forget how he greet- City of Hope performed its first suc- Bitlis province of Armenia had settled. ed me when I came back to the show in cessful bone marrow transplant in 1976 The Apregan family made their home January of 2005 after I lost. When I ar- on a college student from Indiana who in the farming community of Del Rey, rived at the studio, with the snow fall- was diagnosed with acute myeloid leu- ing, Mr. Aly was waiting at the front and Alice attended high school in near- kemia. Thanks to City of Hope’s pio- by Selma. door, and the first thing he did was neering bone marrow transfer program, give me a great big hug. He asked my She met her future husband during a the college student’s cancer has revisit to Del Rey Packing. Their friend- staff how I was doing. I still don’t mained in remission for more than 35 know whether he cast a vote in that ship blossomed into marriage in 1943. years, allowing him to live a full life. Leon Peters learned mechanical engi- election, but I do know that I was More than three decades later, City of lucky to have a friend like Mr. Aly, neering on the job while working for Hope performed its 10,000th bone mar- Valley Foundry, became sales manager who in his quiet, considerate way voted row transplant on January 13, 2011 on a with his actions, not his words. before purchasing the company in 1937. patient battling leukemia. Like many of us, I learned in the He and his brothers turned Valley About 500 bone marrow transplants Washington Post that Mr. Aly passed Foundry into one of the region’s most procedures are now performed each away in December after contracting successful businesses. This success al- year, and each year thousands of can- pneumonia on a trip to his native lowed the Peters to become stalwart cer survivors and their families attend Egypt. It is fitting that his daughter supporters of community causes that a bone marrow transplant reunion co- Dalia arranged for his burial in Wash- have greatly benefited the people of ordinated by City of Hope. This re- ington, because Washington is the Fresno and the Central Valley. Over union serves as a celebration of life and place he loved. And Washington is the the years, Leon and Alice Peters would the positive changes that City of city that came to love him. become synonymous with philanthropy Hope’s Bone Marrow Transplant pro- These are years which have seen us and charity in the Greater Fresno gram have created in the lives of so lose some special friends at ‘‘Meet the Area. many cancer patients and their fami- Press,’’ starting of course with Tim Since its establishment in 1959, the lies, who truly found their hope again Russert. But if Tim was the soul of Leon S. Peters Foundation has given to when they turned to City of Hope. ‘‘Meet the Press,’’ Mr. Aly was its many worthy causes and projects that I invite all of my colleagues to join heart. Through all these years, as Tim continue to positively impact the lives me in commending City of Hope for said, if it was Sunday, it was ‘‘Meet the of Fresno residents. Mrs. Peters and reaching its 10,000th bone marrow Press.’’ And if it was ‘‘Meet the Press,’’ her late husband donated millions of transplant and for its dedication to the it was a warm and friendly greeting dollars to local institutions such as the advancement of health care services.∑ from a true gentlemen, ‘‘Mr. Aly.’’ Mr. Community Regional Center, the Fres- f President, I will miss him.∑ no Chafee Zoo, and the Fresno Art Mu- f seum and California State University, REMEMBERING SAADALLA Fresno. MOHAMED ALY TRIBUTE TO RAY FLYNN Mrs. Peters made sure that the vision ∑ Mr. KERRY. Mr. President, I want to ∑ Mr. KERRY. Mr. President, Ray of the Leon S. Peters Foundation en- take a moment today to mark the Flynn has been a towering figure in the

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.041 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S743 city of Boston and in our politics, hon- mayor of Boston three times, in 1983, Montana College recognized Joe’s po- ored for more than four decades of pub- 1987 and 1991. And in 1993, he was ap- tential early. They gave the gifted stu- lic service and activism. pointed by President Clinton to serve dent athlete a scholarship to play foot- But on Saturday, he will be honored as U.S. Ambassador to the Holy See. ball and baseball, and the platform to in a different city where he left an- But Red Auerbach eventually real- fly. Joe turned the opportunity into an other legacy deserving of celebration. ized the role he had played in Ray associate degree in education in 1953, a At last, this weekend Ray’s beloved Flynn’s life. In 1984, as mayor, Ray bachelor’s degree in education from the Providence College will retire the No. hosted a rally at city hall for the Celt- University of Montana in 1958, an M.S. 14 Ray wore as one of the greatest ics, who had just won another cham- degree from UM in 1965, and an Ed.D. in backcourt players in the history of Fri- pionship, this time under K.C. Jones. 1981. Higher education gave him the ars basketball. And, as any Friars fan In his remarks to the crowd, Red foundation to make history. can attest, this is a well-deserved Auerbach said, ‘‘If I had cut K.C. Jones After college, Dr. McDonald honor for one of the school’s greatest instead of Ray Flynn in 1965, K.C. mentored many reservation youths as athletes. might be mayor of Boston and Ray coach, principal and superintendent at Before he turned to politics, Ray Flynn might be coach of the Celtics.’’ Ronan High School from 1968 through Flynn was an All American at Provi- Even if Ray Flynn had been on the 1976. While there, Joe began to bridge a dence College, leading the Friars to the Celtics, he couldn’t have won the No. 14 divide he saw between Indian and non- National Invitation Tournament cham- he wore at Providence College. The Indian students. Wanting to do more pionship in 1963, his senior year. And Celtics No. 14 had belonged to Bob than just complain, he created the first what a tournament it was for Ray. He Cousy and would soon be retired. But it Native American Studies program in scored 38 points in the opener against is a fitting honor that Providence Col- Montana Public Schools. Today, all tournament favorite Miami. He fol- lege is also retiring No. 14 because in Montana public schools include a cur- lowed that with 25 points against Mar- Friars basketball, No. 14 was Ray riculum entitled ‘‘Indian Education for quette. And in the final against Flynn, All American, Academic All All.’’ Although many good people had a Canisius, he scored 20 points. He was American, NIT MVP and recipient of hand in it, we can thank Joe McDonald named the tournament’s Most Valuable the NCAA’s prestigious Silver Anniver- for leading the way. Success as a teacher, coach and ad- Player. And when the announcer intro- sary Award honoring former student- ministrator gave him dreams of higher duced him as Ray Flynn from Boston, athletes for their career accomplish- education on the Flathead Indian Res- he corrected him by saying, ‘‘I’m from ments. ervation. In the 1970s, he began to lay South Boston, sir.’’ I join Providence College in saluting the foundation for SKC. And in 1977, Indeed, he was—and has always Ray Flynn’s outstanding accomplish- Congress passed the Tribal College Act. been— a proud son of South Boston. As ments as a member of the Friars bas- The new law opened the door for Dr. a three-sport star athlete at South ketball team. And we all congratulate McDonald to create SKC, but didn’t in- Boston High School, he achieved a him for his dedication as a public serv- clude any money to make it happen. level of success rarely seen at any ant. His life—in all its facets—reflects With no money, no classrooms, no school. In 1956, as a sophomore, he led the ideals of basketball founder James teachers and no students, Joe became South Boston’s basketball team to its Naismith—to ‘‘be strong in body, clean president of SKC and served for over ∑ first ever Tech Tournament Champion- in mind, lofty in ideals.’’ three decades. Beginning with literally ship. In 1958, he pitched South Boston f nothing, he built the institution from to a State championship in baseball TRIBUTE TO DR. JOE MCDONALD the ground up. Educators around the and quarterbacked the football team to Nation now credit him for building ∑ Mr. TESTER. Mr. President, today I an undefeated season. Oh, and by the SKC into one of the, if not the flagship wish to praise a great Montanan, Dr. way, he was named All Scholastic in tribal college in the United States. all three sports that year. Joe McDonald. Dr. McDonald’s life When he retired last year, the college Similarly, at Providence College, achievements, work history and profes- had a 130-acre campus with modern in- Ray Flynn earned All American honors sional honors are large and impressive. frastructure. Administrators can now and was voted an Academic All Amer- He is a father, husband and friend who thank him for growing the school’s en- ican. He was drafted in 1963 by the Syr- will always be remembered as a com- dowment from just $5 in 1978 to more acuse Nationals of the old American munity leader, tribal council member than $8 million today. They can also Basketball Association, now the Phila- and college president. What I appre- thank him for the $26 million oper- delphia 76ers. But upon graduation, ciate most about Joe, though, is his re- ational budget, 58 faculty members and Ray joined the Army National Guard, markable ability to bring people to- more than 180 operational employees serving at the Aberdeen Proving gether to work toward a common goal. who educate 1,100 students. Remember, Ground in Maryland and Fort Dix in Whether it is to create an institution none of it existed before Dr. Joe New Jersey. of higher education, lead his tribal McDonald took the initiative to create By the time Ray returned home to council or raise a healthy family, Joe it. Boston, the Celtics had bought his con- has been patient, respectful and pro- And believe it or not, he did even tract. And during the 1965 exhibition ductive. I look up to Joe and consider more for his community. In addition to season, he showed that he had not lost him a friend. growing perhaps the most dynamic his touch as a shooter. In the final ex- Dr. McDonald recently retired as tribal college in the Nation, Dr. hibition game, he scored 28 points, president of the Salish and Kootenai McDonald also served as an elected more evidence of why his coach at College after a remarkable career and a representative on the CSKT Tribal Providence College, Joe Mullaney, con- lifetime of public service. Joe’s career, Council from 1974 to 1982. In terms of sidered the best outside pure shooter indeed his entire life, is an inspiration coaching, Joe is among the best. He he had ever coached. But the Celtics not just to people living on the Flat- has coached track, football and basket- needed more defense than offense, so head Indian Reservation in western ball—mentoring high school and col- Coach Red Auerbach made Ray the Montana, but also to thousands of stu- lege students, at-risk kids and groomed final cut in order to keep K.C. Jones on dents and others he touched over the college athletes. Not only did his ath- the roster. years. As the local newspaper reported letes succeed in sports, but because of Red Auerbach didn’t know it then, in a downbeat tone, ‘‘Dr. McDonald re- his lessons, they succeed in life, too. but in that difficult decision he was tires. They say all good things must Joe married Sherri, the love of his launching one of the most distin- come to an end.’’ life, when he was 19 years old. During guished political careers. From 1971 to Dr. McDonald, a member of the Con- their remarkable time together, Joe 1979, Ray Flynn represented his South federated Salish and Kootenai Tribes, and Sherri raised four children, nine Boston neighborhood in the Massachu- was born in St. Ignatius, MT. His good grandkids and six great-grandkids. As setts House of Representatives. From family gave him self-confidence and an example of his keen perception 1978 to 1984, he served on the Boston other tools to become a role model in about people, he recognized how valu- City Council. He then was elected an increasingly divided world. Western able she was. Throughout the years, he

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.030 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S744 CONGRESSIONAL RECORD — SENATE February 15, 2011 selflessly gave her credit for every- membered most as a loving husband Treasury, transmitting, pursuant to law, the thing he accomplished. and proud father, grandfather, and report of a rule entitled ‘‘Time and Manner Some of his career and personal high- great-grandfather. Rules for Electing Capital Asset Treatment lights include: 1951, Montana Class C, Mr. Ortiz’s dedication to our country for Certain Self-Created Musical Works’’ All State Basketball Team; 1959, Mon- (RIN1545–BG34) received in the Office of the is self-evident. He enlisted in the Army President of the Senate on February 7, 2011; tana Class C Basketball Coach of the within weeks of the attack on Pearl to the Committee on Finance. Year; 1989, National Indian Educator of Harbor. Coming from a land-locked EC–513. A communication from the Chief of the Year, National Indian Education State, he did not even know how to the Publications and Regulations Branch, In- Association; 1996, Montana Governor’s swim when he put aside regard for his ternal Revenue Service, Department of the Humanity Award Recipient; 2000, Mi- own life to rush up the beaches and Treasury, transmitting, pursuant to law, the chael P. Malone, Educator of the Year soaring cliffs of Normandy on D-Day. report of a rule entitled ‘‘Notice: Determina- tion of Housing Cost Amounts Eligible for Award of 2000; 2005, U of Montana’s Mr. Ortiz and his unit went on to lib- Highest Recognition, Honorary Doc- Exclusion or Deduction for 2011’’ (Notice erate Paris and, later, concentration 2011–8) received in the Office of the President torate of Humane Letters; 2005, Univer- camps in the former Czechoslovakia. of the Senate on February 7, 2011; to the sity of Montana Foundation, Selected He was a hero and bringer of freedom, Committee on Finance. as one of the 50 greatest Grizzlies; 2008, and served with honor. EC–514. A communication from the Chief of American Indian College Fund Presi- For those closest to Mr. Ortiz, it is the Publications and Regulations Branch, In- dent of the Year; and 2008, Inducted his dedication to his family and his ternal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the into the Montana Indian Athletic Hall love of life that will be missed most. He of Fame. report of a rule entitled ‘‘Withholding on left a legacy for future generations Wages of Nonresident Alien Employees Per- He holds honorary doctorate degrees through the family’s weaving business, from Gonzaga University in Wash- forming Services Within the United States’’ which he supported from the time he (Notice 2011–12) received in the Office of the ington State and Montana State Uni- graduated high school until the day he President of the Senate on February 7, 2011; versity and was named distinguished passed it onto his daughter. to the Committee on Finance. alum of the University of Montana and But more than that, his legacy is in EC–515. A communication from the Chief of Western Montana College. the lasting memories held by those the Publications and Regulations Branch, In- Joe served on the Board of the Amer- ternal Revenue Service, Department of the dearest to him memories of lighter mo- ican Indian College Fund, the Amer- Treasury, transmitting, pursuant to law, the ments spent listening to music and ican Indian Higher Education Consor- report of a rule entitled ‘‘Republication of tium Board of Directors, and the Board dancing. It is in those simple, everyday Rev. Proc. 2010–4’’ (Rev. Proc. 2011–4) re- of the American Indian Business Lead- moments that Ortiz’s spirit will live ceived in the Office of the President of the on.∑ Senate on February 7, 2011; to the Com- ers. mittee on Finance. In 2009, CSKT created the ‘‘Dr. Jo- f EC–516. A communication from the Chief of seph F. McDonald Educational Excel- MESSAGE FROM THE HOUSE the Publications and Regulations Branch, In- lence Award’’ so others may aspire to ternal Revenue Service, Department of the the greatness embodied by its name- At 10:05 a.m., a message from the Treasury, transmitting, pursuant to law, the sake. House of Representatives, delivered by report of a rule entitled ‘‘Republication of In 2010, in conjunction with his re- Mr. Novotny, one of its reading clerks, Rev. Proc. 2010–5’’ (Rev. Proc. 2011–5) retirement event, CSKT designated the announced that the House has passed ceived in the Office of the President of the day officially as Joe McDonald Day. the following bill, in which it requests Senate on February 7, 2011; to the Com- I hope my colleagues will join me in mittee on Finance. the concurrence of the Senate: EC–517. A communication from the Chief of acknowledging this fine man and wish- H.R. 514. An act to extend expiring provi- the Publications and Regulations Branch, In- ing him the best of luck in a well-de- sions of the USA PATRIOT Improvement ternal Revenue Service, Department of the served retirement. Knowing his love of and Reauthorization Act of 2005 and Intel- Treasury, transmitting, pursuant to law, the family, I am sure those great- ligence Reform and Terrorism Prevention report of a rule entitled ‘‘Republication of grandkids will keep him happy for Act of 2004 relating to access to business Rev. Proc. 2010–6’’ (Rev. Proc. 2011–6) re- years to come. But knowing Joe, I bet records, individual terrorists as agents of ceived in the Office of the President of the we haven’t seen the last of him. My bet foreign powers, and roving wiretaps until De- Senate on February 7, 2011; to the Com- cember 8, 2011. mittee on Finance. is that his dedication to public service EC–518. A communication from the Chief of f is just too strong for him to fade into the Publications and Regulations Branch, In- the sunset. MEASURES PLACED ON THE ternal Revenue Service, Department of the We look forward to whatever chal- CALENDAR Treasury, transmitting, pursuant to law, the lenges Dr. Joe McDonald decides to report of a rule entitled ‘‘Republication of take on next. The world will be a bet- The following bill was read the sec- Rev. Proc. 2010–8’’ (Rev. Proc. 2011–8) re- ter place because of it. It is already a ond time, and placed on the calendar: ceived in the Office of the President of the better place because of him.∑ H.R. 359. An act to reduce Federal spending Senate on February 7, 2011; to the Com- mittee on Finance. f and the deficit by terminating taxpayer financing of presidential election campaigns EC–519. A communication from the Chief of REMEMBERING MR. URSULO ORTIZ and party conventions. the Publications and Regulations Branch, In- ∑ ternal Revenue Service, Department of the Mr. UDALL of New Mexico. Mr. f Treasury, transmitting, pursuant to law, the President, my home State of New Mex- report of a rule entitled ‘‘Correction to Rev- ico lost a great man this month with EXECUTIVE AND OTHER enue Procedure 2011–8—User Fee Schedule’’ the passing of Mr. Ursulo Ortiz. Mr. COMMUNICATIONS (Announcement 2011–8) received in the Office Ortiz was 92 when he died on February The following communications were of the President of the Senate on February 7, 5, surrounded as he was throughout his laid before the Senate, together with 2011; to the Committee on Finance. life by his loving family. I would like EC–520. A communication from the Federal accompanying papers, reports, and doc- Register Liaison Officer, Alcohol and To- to take a few moments to honor him uments, and were referred as indicated: bacco Tax and Trade Bureau, Department of today. EC–511. A communication from the Chief of the Treasury, transmitting, pursuant to law, The word ‘‘dedicated’’ comes to mind the Publications and Regulations Branch, In- the report of a rule entitled ‘‘Technical Cor- when recalling Mr. Ortiz dedicated to ternal Revenue Service, Department of the rections to the TTB Regulations’’ (RIN1513– his family, his country, and his faith. Treasury, transmitting, pursuant to law, the AB69) received in the Office of the President Mr. Ortiz was part of a generation that report of a rule entitled ‘‘Update of Weighted of the Senate on February 7, 2011; to the witnessed some of our country’s most Average Interest Rates, Yield Curves, and Committee on Finance. historic and all too often difficult mo- Segment Rates’’ (Rev. Proc. 2011–13) received EC–521. A communication from the Chief of in the Office of the President of the Senate the Publications and Regulations Branch, In- ments firsthand. And he took away on February 7, 2011; to the Committee on Fi- ternal Revenue Service, Department of the from that experience an appreciation nance. Treasury, transmitting, pursuant to law, the for all the small joys life has to offer. EC–512. A communication from the Chief of report of a rule entitled ‘‘Robinson Knife Mr. Ortiz was an entrepreneur with a the Publications and Regulations Branch, In- Manufacturing Company and Subsidiaries v. strong work ethic, but he will be re- ternal Revenue Service, Department of the Commissioner 600 F.3d 121(2d Cir. 2010), rev’g

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G15FE6.032 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S745 T.C. Memo 2009–9’’ (AOD. 2011–9) received on D.C. Act 18–709 ‘‘Southwest Waterfront EC–545. A communication from the Chair- during adjournment of the Senate in the Of- Redevelopment Clarification Act of 2010’’; to man of the Council of the District of Colum- fice of the President of the Senate on Feb- the Committee on Homeland Security and bia, transmitting, pursuant to law, a report ruary 11, 2011; to the Committee on Finance. Governmental Affairs. on D.C. Act 18–722 ‘‘Criminal Code Amend- EC–522. A communication from the Chief of EC–533. A communication from the Chair- ment Act of 2010’’; to the Committee on the Publications and Regulations Branch, In- man of the Council of the District of Colum- Homeland Security and Governmental Af- ternal Revenue Service, Department of the bia, transmitting, pursuant to law, a report fairs. Treasury, transmitting, pursuant to law, the on D.C. Act 18–710 ‘‘Reasonable Health Insur- EC–546. A communication from the Chair- report of a rule entitled ‘‘Disclosure of Re- ance Ratemaking and Health Care Reform man of the Council of the District of Colum- turn Information to the Department of Agri- Act of 2010’’; to the Committee on Homeland bia, transmitting, pursuant to law, a report culture’’ (RIN1545–BE15) received during ad- Security and Governmental Affairs. on D.C. Act 18–723 ‘‘Procurement Practices journment of the Senate in the Office of the EC–534. A communication from the Chair- Reform Act of 2010’’; to the Committee on President of the Senate on February 11, 2011; man of the Council of the District of Colum- Homeland Security and Governmental Af- to the Committee on Finance. bia, transmitting, pursuant to law, a report fairs. EC–523. A communication from the Chief of on D.C. Act 18–711 ‘‘Comprehensive Plan EC–547. A communication from the Chief of the Publications and Regulations Branch, In- Amendment Act of 2010’’; to the Committee the Permits and Regulations Branch, Fish ternal Revenue Service, Department of the on Homeland Security and Governmental Af- and Wildlife Services, Department of the In- Treasury, transmitting, pursuant to law, the fairs. terior, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Industry Directive EC–535. A communication from the Chair- port of a rule entitled ‘‘Migratory Bird Per- to Withdraw Prior IDD on FSC IRC Section man of the Council of the District of Colum- mits; Removal of Rusty Blackbird and 921–927 Bundle of Rights in Software Issue’’ bia, transmitting, pursuant to law, a report Tamaulipas (Mexican) Crow From the Depre- (LBandI–4–1110–032) received in the Office of on D.C. Act 18–712 ‘‘Attorney General Sub- dation Order for Blackbirds, Cowbirds, the President of the Senate on February 14, poena Authority Authorization Amendment Grackles, Crows, and Magpies, and Other 2011; to the Committee on Finance. Act of 2010’’; to the Committee on Homeland Changes to the Order’’ (RIN1018–AV66) re- EC–524. A communication from the Chief of Security and Governmental Affairs. ceived in the Office of the President of the the Publications and Regulations Branch, In- EC–536. A communication from the Chair- Senate on February 14, 2011; to the Com- ternal Revenue Service, Department of the man of the Council of the District of Colum- mittee on Environment and Public Works. Treasury, transmitting, pursuant to law, the bia, transmitting, pursuant to law, a report EC–548. A communication from the Chief of report of a rule entitled ‘‘Applicable Federal on D.C. Act 18–713 ‘‘Interstate Compact for the Listing Branch, Fish and Wildlife Serv- Rates—February 2011’’ (Rev. Rul. 2011–4) re- Juveniles Temporary Amendment Act of ices, Department of the Interior, transmit- ceived in the Office of the President of the 2010’’; to the Committee on Homeland Secu- ting, pursuant to law, the report of a rule en- Senate on February 14, 2011; to the Com- rity and Governmental Affairs. titled ‘‘Endangered and Threatened Wildlife mittee on Finance. EC–537. A communication from the Chair- and Plants; Final Revised Critical Habitat EC–525. A communication from the Dis- man of the Council of the District of Colum- for Brodiaea filifolia (Thread-Leaved trict of Columbia Auditor, transmitting, pur- bia, transmitting, pursuant to law, a report Brodiaea)’’ (RIN1018–AW54) received in the suant to law, a report entitled, ‘‘District of on D.C. Act 18–714 ‘‘Real Property Tax Ap- Office of the President of the Senate on Feb- Columbia Agencies’ Compliance with Small peals Commission Establishment Act of ruary 14, 2011; to the Committee on Environ- Business Enterprise Expenditure Goals for 2010’’; to the Committee on Homeland Secu- ment and Public Works. the 3rd Quarter of Fiscal Year 2010’’; to the rity and Governmental Affairs. EC–549. A communication from the Chief of Committee on Homeland Security and Gov- EC–538. A communication from the Chair- the Listing Branch, Fish and Wildlife Serv- ernmental Affairs. man of the Council of the District of Colum- ices, Department of the Interior, transmit- EC–526. A communication from the Chair- bia, transmitting, pursuant to law, a report ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- on D.C. Act 18–715 ‘‘Payment of Full Hotel titled ‘‘Endangered and Threatened Wildlife bia, transmitting, pursuant to law, a report Taxes by Online Vendors Clarification Act of and Plants; Establishment of a Nonessential on D.C. Act 18–703 ‘‘Food, Environmental, 2010’’; to the Committee on Homeland Secu- Experimental Population of Endangered and Economic Development in the District of rity and Governmental Affairs. Whooping Cranes in Southwestern Lou- Columbia Act of 2010’’; to the Committee on EC–539. A communication from the Chair- isiana’’ (RIN1018–AX23) received in the Office Homeland Security and Governmental Af- man of the Council of the District of Colum- of the President of the Senate on February fairs. bia, transmitting, pursuant to law, a report 14, 2011; to the Committee on Environment EC–527. A communication from the Chair- on D.C. Act 18–716 ‘‘Bicycle Commuter and and Public Works. man of the Council of the District of Colum- Parking Expansion Amendment Act of 2010’’; EC–550. A communication from the Chief of bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and the Listing Branch, Fish and Wildlife Serv- on D.C. Act 18–704 ‘‘H Street, N.E., Retail Governmental Affairs. ices, Department of the Interior, transmit- Priority Area Incentive Act of 2010’’; to the EC–540. A communication from the Chair- ting, pursuant to law, the report of a rule en- Committee on Homeland Security and Gov- man of the Council of the District of Colum- titled ‘‘Endangered and Threatened Wildlife ernmental Affairs. bia, transmitting, pursuant to law, a report and Plants; Revised Critical Habitat for the EC–528. A communication from the Chair- on D.C. Act 18–717 ‘‘TANF Educational Op- Preble’s Meadow Jumping Mouse in Colo- man of the Council of the District of Colum- portunities and Accountability Amendment rado’’ (RIN1018–AW45) received in the Office bia, transmitting, pursuant to law, a report Act of 2010’’; to the Committee on Homeland of the President of the Senate on February on D.C. Act 18–705 ‘‘2M Street, N.E., Real Security and Governmental Affairs. 14, 2011; to the Committee on Environment Property Tax Abatement Act of 2010’’; to the EC–541. A communication from the Chair- and Public Works. Committee on Homeland Security and Gov- man of the Council of the District of Colum- EC–551. A communication from the Direc- ernmental Affairs. bia, transmitting, pursuant to law, a report tor of the Regulatory Management Division, EC–529. A communication from the Chair- on D.C. Act 18–718 ‘‘Homeless Services Re- Office of Policy, Economics, and Innovation, man of the Council of the District of Colum- form Amendment Act of 2010’’; to the Com- Environmental Protection Agency, transmit- bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- ting, pursuant to law, the report of a rule en- on D.C. Act 18–706 ‘‘Washington Convention mental Affairs. titled ‘‘Finding of Failure to Submit State and Sports Authority Amendment Act of EC–542. A communication from the Chair- Implementation Plan Revisions for the Par- 2010’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- ticulate Matter, PM–10, Maricopa County rity and Governmental Affairs. bia, transmitting, pursuant to law, a report (Phoenix) PM–10 Nonattainment Area, Ari- EC–530. A communication from the Chair- on D.C. Act 18–719 ‘‘West End Parcels Devel- zona’’ (FRL No. 9264–1) received during ad- man of the Council of the District of Colum- opment Omnibus Act of 2010’’; to the Com- journment of the Senate in the Office of the bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- President of the Senate on February 11, 2011; on D.C. Act 18–707 ‘‘Alternative Equity Pay- mental Affairs. to the Committee on Environment and Pub- ment Allocation Amendment Act of 2010’’; to EC–543. A communication from the Chair- lic Works. the Committee on Homeland Security and man of the Council of the District of Colum- EC–552. A communication from the Direc- Governmental Affairs. bia, transmitting, pursuant to law, a report tor of the Regulatory Management Division, EC–531. A communication from the Chair- on D.C. Act 18–720 ‘‘Brownfield Revitaliza- Office of Policy, Economics, and Innovation, man of the Council of the District of Colum- tion Amendment Act of 2010’’; to the Com- Environmental Protection Agency, transmit- bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- ting, pursuant to law, the report of a rule en- on D.C. Act 18–708 ‘‘District Property Secu- mental Affairs. titled ‘‘Approval and Promulgation of Air rity Assessment and Implementation EC–544. A communication from the Chair- Quality Implementation Plans; Virginia; Re- Amendment Act of 2010’’; to the Committee man of the Council of the District of Colum- vision to the Definition of Volatile Organic on Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report Compound’’ (FRL No. 9265–6) received during fairs. on D.C. Act 18–721 ‘‘Fiscal Year 2011 Supple- adjournment of the Senate in the Office of EC–532. A communication from the Chair- mental Budget Support Act of 2010’’; to the the President of the Senate on February 11, man of the Council of the District of Colum- Committee on Homeland Security and Gov- 2011; to the Committee on Environment and bia, transmitting, pursuant to law, a report ernmental Affairs. Public Works.

VerDate Mar 15 2010 02:06 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.023 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S746 CONGRESSIONAL RECORD — SENATE February 15, 2011 EC–553. A communication from the Admin- to the Committee on Banking, Housing, and EC–570. A communication from the Senior istrator of the Environmental Protection Urban Affairs. Regulations Analyst, Office of the Secretary Agency, transmitting, pursuant to law, a re- EC–562. A communication from the Chief of Transportation, Department of Transpor- port entitled ‘‘FY2011—2015 EPA Strategic Counsel, Federal Emergency Management tation, transmitting, pursuant to law, a rule Plan’’; to the Committee on Environment Agency, Department of Homeland Security, entitled ‘‘Display of Joint Operations in Car- and Public Works. transmitting, pursuant to law, the report of rier-Owned Computer Reservations Systems EC–554. A communication from the Assist- a rule entitled ‘‘Suspension of Community Regulations’’ (RIN2105–AD44) received in the ant Legal Adviser for Treaty Affairs, Depart- Eligibility’’ ((44 CFR Part 64)(Docket No. Office of the President of the Senate on Feb- ment of State, transmitting, pursuant to the FEMA–7921)) received in the Office of the ruary 14, 2011; to the Committee on Com- Case-Zablocki Act, 1 U.S.C. 112b, as amended, President of the Senate on February 14, 2011; merce, Science, and Transportation. the report of the texts and background state- to the Committee on Banking, Housing, and EC–571. A communication from the Pro- ments of international agreements, other Urban Affairs. gram Analyst, National Highway Traffic than treaties (List 2011–0007—2011–0017); to EC–563. A communication from the Chief Safety Administration, Department of the Committee on Foreign Relations. Counsel, Federal Emergency Management Transportation, transmitting, pursuant to EC–555. A communication from the Assist- Agency, Department of Homeland Security, law, the report of a rule entitled ‘‘List of ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, the report of Nonconforming Vehicles Decided to be Eligi- Department of State, transmitting, pursuant a rule entitled ‘‘Suspension of Community ble for Importation’’ (Docket No. NHTSA– to law, the report of a rule entitled ‘‘Amend- Eligibility’’ ((44 CFR Part 64)(Docket No. 2007–29271) received in the Office of the Presi- ment to the International Traffic in Arms FEMA–7913)) received in the Office of the dent of the Senate on February 14, 2011; to Regulations: Electronic Payment of Reg- President of the Senate on February 14, 2011; the Committee on Commerce, Science, and istration Fees; 60-Day Notice of the Proposed to the Committee on Banking, Housing, and Transportation. Statement of Registration Information Col- Urban Affairs. EC–572. A communication from the Sec- lection’’ ((22 CFR Parts 120, 122, 123 and EC–564. A communication from the Chief retary of Transportation, transmitting, pur- 129)(RIN1400–AC74)) received in the Office of Counsel, Federal Emergency Management suant to law, the Department’s Annual Re- the President of the Senate on February 14, Agency, Department of Homeland Security, port of the Maritime Administration 2011; to the Committee on Foreign Relations. transmitting, pursuant to law, the report of (MARAD) for Fiscal Year 2009; to the Com- EC–556. A communication from the Asso- a rule entitled ‘‘Suspension of Community mittee on Commerce, Science, and Transpor- ciate General Counsel, Office of the General Eligibility’’ ((44 CFR Part 64)(Docket No. tation. Counsel, Department of Agriculture, trans- FEMA–7915)) received in the Office of the EC–573. A communication from the Sec- mitting, pursuant to law, (6) six reports rel- President of the Senate on February 14, 2011; retary of Health and Human Services, trans- ative to vacancies in the Department of Ag- to the Committee on Banking, Housing, and mitting, pursuant to law, a report relative to riculture received in the Office of the Presi- Urban Affairs. the Prescription Drug User Fee Act (PDUFA) dent of the Senate on February 14, 2011; to EC–565. A communication from the Chief for fiscal year 2010; to the Committee on the Committee on Agriculture, Nutrition, Counsel, Federal Emergency Management Health, Education, Labor, and Pensions. and Forestry. Agency, Department of Homeland Security, EC–574. A communication from the Federal EC–557. A communication from the Direc- transmitting, pursuant to law, the report of Register Liaison Officer, Alcohol and To- tor of the Regulatory Management Division, a rule entitled ‘‘Changes in Flood Elevation bacco Tax and Trade Bureau, Department of Office of Policy, Environmental Protection Determinations’’ ((44 CFR Part 65)(Docket the Treasury, transmitting, pursuant to law, Agency, transmitting, pursuant to law, the No. FEMA–D–7581)) received in the Office of the report of a rule entitled ‘‘Revision of report of a rule entitled ‘‘Polymerized Fatty the President of the Senate on February 14, American Viticultural Area Regulations’’ Acid Esters with Aminoalcohol Alkoxylates; 2011; to the Committee on Banking, Housing, (RIN1513–AB39) received in the Office of the Exemption for the Requirement of a Toler- and Urban Affairs. President of the Senate on February 7, 2011; EC–566. A communication from the Chief ance’’ (FRL No. 8860–8) received during ad- to the Committee on the Judiciary. Counsel, Federal Emergency Management journment of the Senate in the Office of the EC–575. A communication from the Federal Agency, Department of Homeland Security, President of the Senate on February 11, 2011; Register Liaison Officer, Alcohol and To- transmitting, pursuant to law, the report of to the Committee on Agriculture, Nutrition, bacco Tax and Trade Bureau, Department of a rule entitled ‘‘Changes in Flood Elevation and Forestry. the Treasury, transmitting, pursuant to law, EC–558. A communication from the Direc- Determinations’’ ((44 CFR Part 65)(Docket the report of a rule entitled ‘‘Time for Pay- tor of the Regulatory Management Division, No. FEMA–P–7650)) received in the Office of ment of Certain Excise Taxes, and Quarterly Office of Policy, Environmental Protection the President of the Senate on February 14, Excise Tax Payments for Small Alcohol Ex- Agency, transmitting, pursuant to law, the 2011; to the Committee on Banking, Housing, cise Taxpayers’’ (RIN1513–AB43) received in report of a rule entitled ‘‘Clothianidin; and Urban Affairs. the Office of the President of the Senate on Time-Limited Pesticide Tolerances’’ (FRL EC–567. A communication from the Deputy February 7, 2011; to the Committee on the No. 8858–3) received during adjournment of Assistant Administrator for Regulatory Pro- Judiciary. the Senate in the Office of the President of grams, Office of Sustainable Fisheries, De- EC–576. A communication from the Sec- the Senate on February 11, 2011; to the Com- partment of Commerce, transmitting, pursu- retary, Judicial Conference of the United mittee on Agriculture, Nutrition, and For- ant to law, the report of a rule entitled States, transmitting, a report relative to estry. ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–559. A communication from the Direc- and South Atlantic; Snapper-Grouper Fish- filling judicial vacancies in federal courts; to tor of the Regulatory Management Division, ery Off the Southern Atlantic States; the Committee on the Judiciary. Office of Policy, Environmental Protection Amendment 17B’’ (RIN0648–AY11) received f Agency, transmitting, pursuant to law, the during adjournment of the Senate in the Of- report of a rule entitled ‘‘1,4- fice of the President of the Senate on Janu- EXECUTIVE REPORT OF Benzenedicarboxylic Acid, Dimethyl Ester, ary 7, 2011; to the Committee on Commerce, COMMITTEE Polymer with, 1,4-Butanediol, Adipic Acid, Science, and Transportation. The following executive report of a and Hexamethylene Diisocyanate; Exemp- EC–568. A communication from the Senior nomination was submitted: tion from the Requirement of a Tolerance’’ Regulations Analyst, Office of the Secretary (FRL No. 8863–9) received during adjourn- of Transportation, Department of Transpor- By Mrs. FEINSTEIN for the Select Com- ment of the Senate in the Office of the Presi- tation, transmitting, pursuant to law, a rule mittee on Intelligence. dent of the Senate on February 11, 2011; to entitled ‘‘Procedures for Transportation *Stephanie O’Sullivan, of Virginia, to be the Committee on Agriculture, Nutrition, Workplace Drug and Alcohol Testing Pro- Principal Deputy Director of National Intel- and Forestry. grams: State Laws Requiring Drug and Alco- ligence. EC–560. A communication from the Assist- hol Rule Violation Information’’ (RIN2105– *Nomination was reported with rec- ant General Counsel, General Law, Ethics, AD67) received in the Office of the President ommendation that it be confirmed sub- and Regulation, Department of the Treasury, of the Senate on February 14, 2011; to the ject to the nominee’s commitment to transmitting, pursuant to law, (47) forty- Committee on Commerce, Science, and respond to requests to appear and tes- seven reports relative to vacancy announce- Transportation. ments within the Department, received on EC–569. A communication from the Senior tify before any duly constituted com- February 10, 2011; to the Committee on Regulations Analyst, Office of the Secretary mittee of the Senate. Banking, Housing, and Urban Affairs. of Transportation, Department of Transpor- f EC–561. A communication from the Chief tation, transmitting, pursuant to law, a rule Counsel, Federal Emergency Management entitled ‘‘Participation by Disadvantaged INTRODUCTION OF BILLS AND Agency, Department of Homeland Security, Business Enterprises in Department of JOINT RESOLUTIONS transmitting, pursuant to law, the report of Transportation Financial Assistance Pro- a rule entitled ‘‘Suspension of Community grams’’ (RIN2105–AD76) received in the Office The following bills and joint resolu- Eligibility’’ ((44 CFR Part 64)(Docket No. of the President of the Senate on February tions were introduced, read the first FEMA–7933)) received in the Office of the 14, 2011; to the Committee on Commerce, and second times by unanimous con- President of the Senate on February 14, 2011; Science, and Transportation. sent, and referred as indicated:

VerDate Mar 15 2010 02:44 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.025 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S747 By Mr. BURR (for himself, Mr. THUNE, SUBMISSION OF CONCURRENT AND (Mr. LUGAR) and the Senator from Mr. COBURN, Mr. ISAKSON, Mr. EN- SENATE RESOLUTIONS Georgia (Mr. ISAKSON) were added as SIGN, Mr. GRASSLEY, and Mr. KYL): The following concurrent resolutions cosponsors of S. 104, a bill to require S. 347. A bill to amend the Internal Rev- the Administrator of the Environ- enue Code of 1986 to provide for reporting and Senate resolutions were read, and and disclosure by State and local public em- referred (or acted upon), as indicated: mental Protection Agency to finalize a ployee retirement pension plans; to the Com- By Mrs. BOXER: proposed rule to amend the spill pre- mittee on Finance. S. Res. 50. An original resolution author- vention, control, and countermeasure By Mr. GRASSLEY: izing expenditures by the Committee on En- rule to tailor and streamline the re- S. 348. A bill to amend title 28, United vironment and Public Works; from the Com- quirements for the dairy industry, and States Code, to provide an Inspector General mittee on Environment and Public Works; to for other purposes. for the judicial branch, and for other pur- the Committee on Rules and Administration. S. 194 poses; to the Committee on the Judiciary. By Mr. MENENDEZ (for himself and By Mr. BROWN of Ohio (for himself Ms. SNOWE): At the request of Mr. MCCONNELL, and Mr. PORTMAN): S. Res. 51. A resolution recognizing the the name of the Senator from Georgia S. 349. A bill to designate the facility of 190th anniversary of the independence of (Mr. ISAKSON) was added as a cosponsor the United States Postal Service located at Greece and celebrating Greek and American of S. 194, a bill to reduce Federal spend- 4865 Tallmadge Road in Rootstown, Ohio, as democracy; to the Committee on Foreign Re- ing and the deficit by terminating tax- the ‘‘Marine Sgt. Jeremy E. Murray Post Of- lations. payer financing of presidential election fice’’; to the Committee on Homeland Secu- By Mr. KOHL: campaigns and party conventions. rity and Governmental Affairs. S. Res. 52. An original resolution author- S. 197 By Mr. LEAHY (for himself, Mrs. FEIN- izing expenditures by the Special Committee STEIN, Mr. MENENDEZ, Mr. SANDERS, on Aging; from the Special Committee on At the request of Mr. ENSIGN, the Mr. REED, Mr. WHITEHOUSE, and Mr. Aging; to the Committee on Rules and Ad- name of the Senator from South Da- FRANKEN): ministration. kota (Mr. THUNE) was added as a co- S. 350. A bill to require restitution for vic- By Mr. LIEBERMAN: sponsor of S. 197, a bill to improve pa- tims of criminal violations of the Federal S. Res. 53. An original resolution authorizing expenditures by the Committee on tient access to health care services and Water Pollution Control Act, and for other provide improved medical care by re- purposes; to the Committee on the Judici- Homeland Security and Governmental Af- ary. fairs; from the Committee on Homeland Se- ducing the excessive burden the liabil- By Ms. MURKOWSKI (for herself and curity and Governmental Affairs; to the ity system places on the health care Mr. BEGICH): Committee on Rules and Administration. delivery system. By Mrs. FEINSTEIN: S. 351. A bill to authorize the exploration, S. 198 S. Res. 54. An original resolution author- leasing, development, and production of oil izing expenditures by the Select Committee At the request of Mr. CASEY, the and gas in and from the western portion of on Intelligence; from the Select Committee name of the Senator from Missouri the Coastal Plain of the State of Alaska on Intelligence; to the Committee on Rules (Mrs. MCCASKILL) was added as a co- without surface occupancy, and for other and Administration. purposes; to the Committee on Energy and sponsor of S. 198, a bill to require the Natural Resources. f return and redistribution among State By Ms. MURKOWSKI: ADDITIONAL COSPONSORS transportation departments of certain S. 352. A bill to authorize the exploration, unexpended highway funding. S. 23 leasing, development, production, and eco- S. 207 nomically feasible and prudent transpor- At the request of Mr. LEAHY, the At the request of Mr. KOHL, the name tation of oil and gas in and from the Coastal name of the Senator from Connecticut of the Senator from Pennsylvania (Mr. Plain in Alaska; to the Committee on En- (Mr. BLUMENTHAL) was added as a co- CASEY) was added as a cosponsor of S. ergy and Natural Resources. sponsor of S. 23, a bill to amend title 207, a bill to amend the Omnibus Crime By Ms. COLLINS: 35, United States Code, to provide for Control and Safe Streets Act of 1968 to S. 353. A bill to provide for improvements patent reform. to the United States Postal Service, and for enhance the COPS ON THE BEAT other purposes; to the Committee on Home- S. 28 grant program, and for other purposes. land Security and Governmental Affairs. At the request of Mr. ROCKEFELLER, S. 210 By Mr. CARDIN: the name of the Senator from New At the request of Mr. COBURN, the S. 354. A bill to amend the Classified Infor- York (Mrs. GILLIBRAND) was added as a mation Procedures Act to improve the pro- cosponsor of S. 28, a bill to amend the names of the Senator from Georgia tection of classified information and for Communications Act of 1934 to provide (Mr. ISAKSON) and the Senator from other purposes; to the Committee on the Ju- public safety providers an additional 10 Iowa (Mr. GRASSLEY) were added as co- diciary. megahertz of spectrum to support a na- sponsors of S. 210, a bill to amend title By Mr. CARDIN: 44, United States Code, to eliminate S. 355. A bill to improve, modernize, and tional, interoperable wireless broadband network and authorize the Fed- the mandatory printing of bills and clarify the espionage statutes contained in resolutions for the use of offices of chapter 37 of title 18, United States Code, to eral Communications Commission to promote Federal whistleblower protection hold incentive auctions to provide Members of Congress. statutes and regulations, to deter unauthor- funding to support such a network, and S. 219 ized disclosures of classified information, for other purposes. At the request of Mr. TESTER, the and for other purposes; to the Committee on S. 91 name of the Senator from Georgia (Mr. the Judiciary. At the request of Mr. WICKER, the ISAKSON) was added as a cosponsor of S. By Mr. MERKLEY (for himself and Mr. 219, a bill to require Senate candidates WYDEN): name of the Senator from Tennessee S. 356. A bill to amend the Grand Ronde (Mr. ALEXANDER) was added as a co- to file designations, statements, and Reservation Act to make technical correc- sponsor of S. 91, a bill to implement reports in electronic form. tions, and for other purposes; to the Com- equal protection under the 14th article S. 228 mittee on Indian Affairs. of amendment to the Constitution for At the request of Mr. BARRASSO, the By Mr. LAUTENBERG (for himself, the right to life of each born and un- name of the Senator from Georgia (Mr. Mr. LEAHY, Mr. SANDERS, and Mr. born human person. ISAKSON) was added as a cosponsor of S. BINGAMAN): 228, a bill to preempt regulation of, ac- S. 357. A bill to authorize the Secretary of S. 102 the Interior to identify and declare wildlife At the request of Mr. MCCAIN, the tion relating to, or consideration of disease emergencies and to coordinate rapid name of the Senator from Georgia (Mr. greenhouse gases under Federal and response to those emergencies, and for other ISAKSON) was added as a cosponsor of S. common law on enactment of a Federal purposes; to the Committee on Environment 102, a bill to provide an optional fast- policy to mitigate climate change. and Public Works. track procedure the President may use S. 249 By Mr. ROBERTS (for himself, Mr. when submitting rescission requests, At the request of Mr. HATCH, the BARRASSO, and Mr. COATS): S. 358. A bill to codify and modify regu- and for other purposes. name of the Senator from Kansas (Mr. latory requirements of Federal agencies; to S. 104 MORAN) was added as a cosponsor of S. the Committee on Homeland Security and At the request of Mr. JOHANNS, the 249, a bill to amend the Endangered Governmental Affairs. names of the Senator from Indiana Species Act of 1973 to provide that Act

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As last year’s crisis in the Gulf of Mex- necticut (Mr. LIEBERMAN) was added as AMENDMENT NO. 58 ico makes clear, Clean Water Act of- a cosponsor of S. 253, a bill to establish At the request of Mr. NELSON of Ne- fenses can have serious consequences in a commission to ensure a suitable ob- braska, the name of the Senator from people’s lives and on their livelihoods. servance of the centennial of World Florida (Mr. NELSON) was added as a These consequences should be reflected War I, and to designate memorials to cosponsor of amendment No. 58 pro- in the sentences given to the criminals the service of men and women of the posed to S. 223, a bill to modernize the who commit them. This bill takes a United States in World War I. air traffic control system, improve the reasonable approach, asking the Sen- safety, reliability, and availability of S. 258 tencing Commission to study the issue transportation by air in the United and raise sentencing guidelines appro- At the request of Mr. MENENDEZ, the States, provide modernization of the name of the Senator from New York priately, and it will have a real deter- air traffic control system, reauthorize rent effect. (Mr. SCHUMER) was added as a cospon- the Federal Aviation Administration, This bill also aims to help victims of sor of S. 258, a bill to amend the Inter- and for other purposes. environmental crime—the people who nal Revenue Code of 1986 to eliminate lose their livelihoods, their commu- oil and gas company preferences. f nities, and even their loved ones—re- S. 262 STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS claim their natural and economic re- At the request of Mr. BROWN of Mas- sources. To do that, ECEA makes res- sachusetts, the name of the Senator By Mr. LEAHY (for himself, Mrs. titution mandatory for criminal Clean from Pennsylvania (Mr. TOOMEY) was FEINSTEIN, Mr. MENENDEZ, Mr. Water Act violations. added as a cosponsor of S. 262, a bill to SANDERS, Mr. REED, Mr. Currently, restitution in environ- repeal the excise tax on medical device WHITEHOUSE, and Mr. FRANKEN): mental crimes—even crimes that result manufacturers. S. 350. A bill to require restitution in death—is discretionary, and only S. 306 for victims of criminal violations of available under limited circumstances. At the request of Mr. WEBB, the name the Federal Water Pollution Control Under this bill, those who commit of the Senator from Maryland (Mr. Act, and for other purposes; to the Clean Water Act offenses would have to CARDIN) was added as a cosponsor of S. Committee on the Judiciary. compensate the victims of those of- Mr. LEAHY. Mr. President, today, I 306, a bill to establish the National fenses for their losses. That restitution reintroduce the Environmental Crimes Criminal Justice Commission. could help the people of the Gulf Coast Enforcement Act, ECEA, to help ensure rebuild their coastline and wetlands, S. 316 that those who destroy the lives and their fisheries, and their livelihoods At the request of Mr. CORNYN, the livelihoods of Americans through envi- name of the Senator from Connecticut ronmental crime are held accountable should criminal liability be found. Importantly, this bill will allow the (Mr. LIEBERMAN) was added as a co- for their actions. This common sense families of those killed to be com- sponsor of S. 316, a bill to ensure that legislation was reported by the Judici- pensated for criminal wrongdoing. The the victims and victims’ families of the ary Committee with overwhelming sup- explosion on the Deepwater Horizon oil November 5, 2009, attack at Fort Hood, port last year. I hope the Senate will Texas, receive the same treatment, act on it in this Congress. rig brought to light the arbitrary laws benefits, and honors as those Ameri- The tragic explosion of British Petro- that prevent those killed in such trage- cans who have been killed or wounded leum’s Deepwater Horizon Oil Rig last dies from bringing civil lawsuits for in a combat zone overseas and their year is just one example of why this compensation. This bill would ensure families. legislation is needed. Eleven men died that, when a crime is committed, the criminal justice system can provide for S. 328 in that explosion, and oil flowed into restitution to victims, allowing the At the request of Mr. BROWN of Ohio, the Gulf of Mexico for months, with families of those killed to be given the the name of the Senator from New deadly contaminants washing up on means to carry on. York (Mr. SCHUMER) was added as a co- the shores and wetlands of the Gulf Coast. The catastrophe threatened the This bill takes two common sense sponsor of S. 328, a bill to amend title steps—well-reasoned increases in sen- VII of the Tariff Act of 1930 to clarify livelihood of many thousands of people throughout the Gulf region, as well as tences and mandatory restitution for that countervailing duties may be im- environmental crime. These measures posed to address subsidies relating to precious natural resources and habi- tats. The people responsible for this are tough but fair. They are important fundamentally undervalued currency of steps toward deterring criminal con- any foreign country. and other catastrophes should be held accountable, and wrongdoers—not tax- duct that can cause environmental and S. RES. 20 payers—should pay for the damage economic disaster and toward helping At the request of Mr. JOHANNS, the they have done. This bill will help to those who have suffered so much from name of the Senator from North Da- deter environmental crime, protect and the wrongdoing of big oil and other kota (Mr. HOEVEN) was added as a co- compensate victims of environmental large corporations. I hope all Senators sponsor of S. Res. 20, a resolution ex- crime, and encourage accountability will join me in supporting this bill and pressing the sense of the Senate that among corporate actors. these important reforms. the United States should immediately First, the ECEA is drafted to deter Mr. President, I ask unanimous con- approve the United States-Korea Free schemes by big oil and others that sent that the text of the bill be printed Trade Agreement, the United States- damage our environment and hurt in the RECORD. Colombia Trade Promotion Agreement, hardworking Americans by increasing There being no objection, the text of and the United States-Panama Trade sentences for environmental crimes. the bill was ordered to be printed in Promotion Agreement. All too often corporations treat fines the RECORD, as follows: AMENDMENT NO. 33 and monetary penalties as a mere cost S. 350 At the request of Mr. COCHRAN, the of doing business to be factored against Be it enacted by the Senate and House of Rep- names of the Senator from Montana profits. To deter criminal behavior by resentatives of the United States of America in (Mr. BAUCUS) and the Senator from corporations, it is important to have Congress assembled, Montana (Mr. TESTER) were added as laws that result in prison time. In that SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Environ- cosponsors of amendment No. 33 in- light, this bill directs the United mental Crimes Enforcement Act of 2011’’. tended to be proposed to S. 223, a bill to States Sentencing Commission to SEC. 2. ENVIRONMENTAL CRIMES. modernize the air traffic control sys- amend the sentencing guidelines for (a) SENTENCING GUIDELINES.— tem, improve the safety, reliability, environmental crimes to reflect the se- (1) DIRECTIVE.—Pursuant to its authority and availability of transportation by riousness of these crimes. under section 994 of title 28, United States

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We are still more than 50 per- Act (33 U.S.C. 1251 et seq.), in order to reflect ural gas, as well as a reasonable chance cent dependent on foreign nations for the intent of Congress that penalties for the of economically producing 16 billion our supply of oil, and no combination offenses be increased in comparison to those barrels of oil. Even the relatively re- of alternative technologies and con- provided on the date of enactment of this cent major finds in North Dakota’s servation can appreciably diminish Act under the guidelines and policy state- Bakken field pale in comparison, as that number in the near future. ments, and appropriately account for the ac- ANWR is likely to hold over four times The Energy Information Administra- tual harm to the public and the environment more oil than any other on-shore en- tion, in its recent preliminary 2011 En- from the offenses. ergy Forecast, predicts that U.S. crude (2) REQUIREMENTS.—In amending the Fed- ergy deposit in North America. eral Sentencing Guidelines and policy state- In the 1990s, opponents dismissed production may increase by roughly 10 ments under paragraph (1), the United States ANWR’s potential and argued that the percent by 2019 because of enhanced oil Sentencing Commission shall— nearby National Petroleum Reserve- recovery, increased shale oil produc- (A) ensure that the guidelines and policy Alaska was forecast to contain almost tion, and higher oil prices, which make statements, including section 2Q1.2 of the as much oil. Just last fall, however, the marginal production more attractive. Federal Sentencing Guidelines (and any suc- U.S. Geological Survey significantly That will hardly be enough to break cessor thereto), reflect— reduced its oil estimates in the 23-mil- our import dependence, but even more (i) the serious nature of the offenses de- lion-acre reserve. Instead of containing alarming is the forecast that U.S. do- scribed in paragraph (1); (ii) the need for an effective deterrent and somewhere between the 6.7 to 15 billion mestic production will decline less appropriate punishment to prevent the of- barrels forecast in 2002, the USGS now than a decade from now unless these fenses; and forecasts a mean of 896 million bar- new areas are opened for development. (iii) the effectiveness of incarceration in rels—a dramatic downward revision. To help meet future demand both here furthering the objectives described in clauses I still believe oil production must be in America and throughout the rest of (i) and (ii); allowed to proceed in NPRA and that the world—and to help avoid a tremen- (B) consider the extent to which the guide- development of satellite fields west of dous price spike in the event of a sup- lines appropriately account for the actual Nusqiut must be allowed to occur, ply disruption—we need to take steps harm to public and the environment resulting from the offenses; since I suspect its forecast is now too today to ensure new production is (C) ensure reasonable consistency with conservative. My office is working to brought online as soon as possible. other relevant directives and guidelines and hold this Administration to its word on In fact, we already face a supply dis- Federal statutes; NPRA by allowing leaseholders to ac- ruption—a shortage of our own mak- (D) make any necessary conforming cess the CD5 development which the ing. Not one permit for deepwater exchanges to guidelines; and EPA and Corps of Engineers has now ploration has been granted since the (E) ensure that the guidelines relating to stalled. But the reduced forecast for Deepwater Horizon disaster last April, offenses under the Federal Water Pollution northwest Alaska also means that even though the moratorium was offi- Control Act (33 U.S.C. 1251 et seq.) ade- cially ended in October. Depending on quately meet the purposes of sentencing, as opening a small area due east, along set forth in section 3553(a)(2) of title 18, the coastal plain, is now more vital how long this de facto moratorium United States Code. than ever for America’s economic and lasts, our Nation could ultimately be (b) RESTITUTION.—Section 3663A(c)(1) of national security interests. deprived of millions of barrels of oil title 18, United States Code, is amended— America today receives over 10 per- each day. Make no mistake: we are fac- (1) in clause (ii), by striking ‘‘or’’ at the cent of its daily domestic oil producing a serious downturn in offshore oil end; tion from fields in Arctic Alaska. You production from the Outer Continental (2) in clause (iii), by striking ‘‘and’’ at the heard correctly, production already oc- Shelf, and that has made production in end and inserting ‘‘or’’; and curs in Arctic Alaska, and for more ANWR even more important for con- (3) by adding at the end the following: ‘‘(iv) an offense under section 309(c) of the than 30 years, we have successfully bal- sumers. Federal Water Pollution Control Act (33 anced resource development with envi- ANWR development will also provide U.S.C. 1319(c)); and’’. ronmental protection. Alaskans have huge benefits for the U.S. Treasury. proven, over and over again, that those Let us examine this with some simple By Ms. MURKOWSKI (for herself endeavors are not mutually exclusive. math. ANWR’s mean estimate of over and Mr. BEGICH): Today, however, we face a tipping 10 billion barrels, at approximately $100 S. 351. A bill to authorize the explo- point. Alaska’s North Slope production per barrel, means that there is a tril- ration, leasing, development, and pro- has declined for years and, with new lion dollars worth of oil locked up be- duction of oil and gas in and from the development blocked at every turn, it neath this small area in northern Alas- western portion of the Coastal Plain of is now forecast to decline to levels that ka. That is a trillion taxable dollars the State of Alaska without surface oc- are threatening the continued oper- and it is difficult to calculate or even cupancy, and for other purposes; to the ation of the Trans-Alaska Pipeline Sys- fathom the corporate and payroll taxes Committee on Energy and Natural Re- tem. A closure of TAPS would shut that this would generate for our treas- sources. down all northern Alaska oil produc- ury. But we do know that there is hun- Ms. MURKOWSKI. Mr. President, I tion. This would devastate Alaska’s dreds of billions of dollars in pure fed- rise today to introduce two separate economy, drag global oil prices even eral royalties since my bill devotes 50 bills, S. 351 and S. 352, to open a small higher, and deepen our energy depend- percent of the value to a Federal share, portion of the Arctic coastal plain, in ence on unstable petrostates through- rather than the 10 percent which cur- my home State of Alaska, to oil and out the world. rent law allows. This is because deficit gas development. I am introducing Anyone who takes the long view on reduction has to be a priority. these bills because new production in energy policy recognizes that no mat- As our Nation grapples with a $1 tril- northern Alaska is vital not only to ter what energy policy our Nation pur- lion budget deficit, $14 trillion in na- my State’s future, but also to our Na- sues, we will use substantial amounts tional debt, and a lack of capital to tion’s energy and economic security. of oil well into the future. The more of incentivize renewable and alternative It has been known for more than 3 that oil we produce here, at home, the energy, it is folly for America to fur- decades that the 1.5 million acres of better off our economy, our trade def- ther delay new onshore oil develop- the Arctic coastal plain that lie inside icit, our employment levels, and the ment from Alaska. Production in the Arctic National Wildlife Refuge world’s environment will be. Even the ANWR will lower our unsustainable present the best prospect in North President’s handpicked oil spill com- debt; improve our national security; re- America for a major oil and gas dis- mission advocates that the U.S. take duce our trade deficit; create well-pay- covery. The U.S. Geological Survey the lead on environmental and safety ing American jobs; and provide a long- continues to estimate that this part of standards for oil development in areas lasting source of funds that can help us

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There are half going for the first time in the his- feet of natural gas. As technology im- Senators who wish to not only prohibit tory of ANWR legislation to directly proves in the years ahead, so too will oil and gas development onshore in the reduce the Federal deficit. The bill al- the volume of resources that we can coastal plain—who wish to forever lock lots other money to fund renewable safely recover. the area up into formal wilderness—but and alternative energy development, My no-surface occupancy bill will re- who also wish to impede oil and even wildlife programs and fishery habitat quire that 3- or 4–dimensional seismic natural gas development from vast por- programs, energy conservation efforts, and other tests be conducted by mobile tions of NPRA and from the offshore and money to subsidize the rising cost units on ice pads when no wildlife will waters of the Beaufort and Chukchi of energy for lower-income residents be in the area. But the bill prevents Seas. This mindset ignores Alaska’s through funding of the Low Income any disturbance that can even be seen economic realities, it ignores the na- Home Energy Assistance Program, also by migrating caribou. There is prece- tion’s looming energy challenges, and called LIHEAP. Think about this—by dent for this proposal. Congress in 2007 it ignores the fact that Arctic oil pro- producing more of our own oil, we can approved a Wyoming wilderness lands duction can proceed without signifi- conserve more of our most spectacular bill S. 2229, the Wyoming Range Legacy cant environmental harm. Our develop- lands, improve the standard of living Act, which permits subsurface resource ment has coexisted productively with for thousands of Americans, and, in one extraction, provided no surface occu- polar bears, and will not harm the Por- fell swoop, reduce our overall depend- pancy occurs. There is also clear lan- cupine caribou herd or any other form ence on oil by creating new, cleaner al- guage in the original statute, the Alas- of wildlife on the Arctic coast. The ka National Interest Lands Conserva- ternatives. groups who oppose my legislation seem Despite these remarkable benefits, I tion Act, which calls for seismic stud- totally oblivious to strides made in di- understand that many of my colleagues ies of the coastal plain. My ANWR subsurface legislation will rectional, extended reach drilling, will forever oppose all development in guarantee that royalties from any oil three- and four-D seismic testing, and ANWR., That is why, in 2009, I worked and gas produced are split equally be- new pipeline leak detection tech- with my fellow Senator from Alaska to tween the Federal and State treasuries, nology, all of which permit Alaskan en- introduce a new approach that would and provides for full environmental ergy development to proceed safely allow the coastal plain’s resources to without harm to wildlife or the envi- protections and project labor agree- be accessed in an even more sensitive ronment. ments for any development that re- manner. Our legislation precludes any Yes, this Nation needs to improve its sults. The bill includes the same provi- inspection and regulation of the oil and possibility of any disturbance to any sions for local adaptation aid as does gas industry to make sure that Amer- creature on the coastal plain by requir- my bill to fully open ANWR. Both ica’s high environmental standards are ing that all oil and gas in the refuge’s guarantee that any Alaskan commu- followed on every well, every day. I coastal plain be siphoned from under- nity impacted by development, espe- offer a means to advance that. Because neath the land, with no surface roads, cially residents of the North Slope Bor- without domestic oil and gas produc- wells, or pipelines to assist. Not a sin- ough and the nearby Village of tion, America will import more oil and gle structure would be erected on the Kaktovik, will be fully protected. gas from troubled global regions. In ex- surface of the refuge under our bill. My subsurface proposal offers a way change we will export our jobs and eco- There would be literally no chance of for America to gain the oil and natural nomic future, as well as simply export- marring the beauty of the coastal gas that will be crucial until a new era ing environmental risk and ultimately plain—it would look and feel and be of renewable energy can power our damage, since foreign oil and gas devel- just as it is today both during and after lights and propel our vehicles. It also opment regularly fails to meet the full production. ensures that none of the Arctic Porcu- standards that American operators are Today, and again in the spirit of bi- pine caribou herd that migrates across held to and held accountable for. partisan compromise, I am reintro- the coastal plain between June and Au- For all these reasons, I am reintroducing, with Senator BEGICH, that leg- gust will ever see, hear, or feel oil de- ducing legislation to open the coastal islation. The title is self-explanatory— velopment. Combined with the environ- plain of ANWR to full development. At we call it the No Surface Occupancy mental safeguards the Secretary of the the same time, I am focusing and nar- Western Arctic Coastal Plain Domestic Interior is allowed to establish, there is rowing and limiting that development Energy Security Act—because it would no danger that any of the few species so that just 2,000 acres of the 1.5 mil- allow oil and gas production only that overwinter on the coastal plain lion acre coastal plain can be phys- through extended reach directional will ever be impacted by seismic or ically disturbed by roads, pipelines, drilling from outside of the refuge. The other activities. Out of an abundance wells, buildings or other support facili- bill would also permit oil and gas to be of caution, my legislation further pro- ties. At most, just one-tenth of one tapped using subsurface technology tects subsistence resources and activi- percent of the refuge’s coastal plain that may someday allow for full devel- ties for Alaska Natives. would be physically disturbed. For opment of the refuge with no sign of I truly do not believe that limited comparison’s sake, 2,000 acres is much such activities visible to anyone or surface coastal plain development will smaller than our local Dulles Airport— anything in the refuge. harm Alaska’s environment or hurt its compared to an area roughly three While I was deeply disappointed that wildlife. But my subsurface bill offers times the size of the State of Mary- many in the environmental community us another way to develop ANWR—and land. It is hardly a blip on the map. did not embrace or even for a moment even those who oppose surface develop- Limiting development to such a consider this proposal as a genuine at- ment cannot honestly disagree with its small area is important, however. It tempt to end the quarter century fight approach. My subsurface bill would will help guarantee—beyond any shad- over Alaskan energy development, I lower the odds of environmental harm ow of doubt—the preservation in a nat- continue to believe that it is an accept- from incredibly miniscule to zero. It ural state of more than sufficient habi- able, deeply sensitive way to pursue de- would set a precedent for development tat for caribou, muskoxen, polar bear, velopment in the Arctic. Given the new that should be welcomed by the envi- and Arctic bird life. My legislation also extended reach drilling technology ronmental community. And if it is not includes stringent environmental being developed for use all over the actively supported, it will be clear that standards that will allow the designa- world, including Alaska, it could be some oppose ANWR solely on political tion of specific areas for full protec- possible to start producing oil and gas and philosophical, rather than sub- tion. from ANWR even faster under the substantive, environmental grounds. Such

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In enormous overpayment by the Postal For decades, Alaskans, whom polls 1775, the Second Continental Congress Service into retirement funds used by show overwhelmingly support ANWR appointed Benjamin Franklin as the both Federal and postal employees development, have been asking permis- first Postmaster General and directed alike. Based on an independent actu- sion to explore and develop oil in the the creation of ‘‘a line of posts . . . arial analysis, the Postal Regulatory coastal plain. Finally, technology has from Falmouth in New England to Sa- Commission estimates the Postal Serv- advanced so that it is possible to de- vannah in Georgia.’’ The Constitution ice has overpaid in excess of $50 billion velop oil and gas from the refuge with also gives Congress the power to estab- into the Civil Service Retirement Sys- little or no impact on the area and its lish post offices and post roads. tem, CSRS, and nearly $3 billion into wildlife. We must seriously consider Today, the Postal Service is the the Federal Employees Retirement this option. Without this level of seri- linchpin of a $1 trillion mailing indus- System pension fund. Another inde- ousness about our energy policy, there try that employs approximately 7.5 pendent actuarial firm, commissioned will be no chance for us to stabilize million Americans in fields as diverse by the Postal Service Inspector Gen- global energy markets and avoid pay- as direct mail, printing, catalog com- eral, estimates that the overpayment ing extremely high prices for fuel in panies, paper manufacturing, and fi- into the CSRS pension fund is even the future. Our lack of domestic pro- nancial services. greater, perhaps topping $75 billion. It duction endangers our energy security Postal Service employees deliver is simply unfair—both to the Postal and our strategic security, especially mail six days a week to hundreds of Service and its customers—not to re- given that ANWR development could millions of households and businesses. fund these overpayments. supply more than enough oil to fully From our largest cities to our smallest To address these inequities, the bill meet our military oil needs on a daily towns, from the Hawaiian Islands to would allow the Postal Service access basis. Alaskan reservations, the Postal Serv- to the amounts that it has overpaid Last year, shortly after the Deep- ice is a vital part of our national com- into these pension funds. It is essential water Horizon oil spill, the President munications network and an icon of that the Postal Service be permitted to stated that ‘‘part of the reason oil com- American culture. use these funds to address other finan- panies are drilling a mile beneath the But the financial state of the Postal cial obligations, such as its payments surface of the ocean’’ is ‘‘because we’re Service is abysmal. The numbers are for future retiree health benefits and running out of places to drill on land grim: the Postal Service lost $8.5 bil- unfunded workers’ compensation liabil- and in shallow water.’’ A better expla- lion in fiscal year 2010 and recently an- ities and for repaying its existing debt. nation, however, was offered by the nounced that it posted a net loss of $329 I have pressed the Office of Personnel columnist Charles Krauthammer, who million in the first quarter of fiscal Management, OPM, to change its cal- said that ‘‘We haven’t run out of safer year 2011 alone. The ‘‘Great Reces- culation method for Postal Service and more easily accessible sources of sion,’’ high operating costs, and the payments into the CSRS fund con- oil. We’ve been run off them . . .’’ The continuing diversion of mail to elec- sistent with the 2006 Postal Reform truth is that we haven’t run out of tronic alternatives have undermined law. OPM officials, however, have stub- oil—onshore or offshore. We’ve simply the Postal Service’s ability to remain bornly refused to change this method- tied our own hands by locking up our solvent. ology or even to admit that the 2006 own lands. Faced with this much red ink, the postal law permits them to do so. This At this time of high unemployment Postal Service must reinvent itself. It has created a bureaucratic standoff and unsustainable debt, we need to pur- must increase revenues by increasing that is unfair to the Postal Service. sue development opportunities more its value to its customers and by be- The OPM holds the life preserver—it than ever. My ANWR bills offer us a coming more cost effective. could help rescue the Postal Service, chance to produce more of our own en- Unfortunately, many of the solutions but it simply refuses to throw it. ergy, for the good of the American peo- the Postal Service has proposed would This legislation directs the OPM to ple, in an environmentally-friendly only aggravate its problems. Filing for exercise its existing authority under way. With oil hovering near $100 a bar- enormous rate increases, pursuing sig- the 2006 postal reform law and to revise rel, with so many of our fellow citizens nificant service reductions—including its methodology for calculating the out of work, and with our Nation still elimination of Saturday mail deliv- Postal Service’s obligations to the more than 50 percent dependent on for- ery—and seeking relief from funding CSRS pension fund. Once OPM exer- eign oil—we would be foolish to once its huge liabilities are not viable long- cises this authority, my legislation again ignore our most promising pros- term solutions to the challenges con- would allow the Postal Service to use pect for new development. I hope this Congress will have the fronting the Postal Service. These any resulting overpayments to cover common sense to allow America to changes will drive more customers to its annual payments into the Retiree help itself by developing ANWR’s sub- less expensive, digital alternatives. Health Benefits Fund, rather than hav- stantial resources. This is critical to That downturn in customers will fur- ing to wait until after September 30, my state and the nation as a whole. ther erode mail volume and lead to a 2015, to access the CSRS overpayment. And with this in mind, I will work to death spiral for the Postal Service. Additionally, the legislation would educate the members of this chamber The Postal Service must chart a new allow the Postal Service to access the about ANWR. I will show why such de- course in this digital age. It must nearly $3 billion it has overpaid into velopment should occur—why it must adopt a more customer-focused culture. the Federal Employees Retirement occur—and how it can benefit our Na- It must see the changing communica- System, FERS, pension fund. The legis- tion at a time when we so desperately tions landscape as an opportunity. lation would grant OPM this authority need good economic news. The Postal Accountability and En- by adopting language, similar to Sec- hancement Act of 2006, which I au- tion 802(c) of the 2006 postal reform By Ms. COLLINS: thored with Senator CARPER, provided law, that allows OPM to recalculate S. 353. A bill to provide for improve- the foundation for these long-term the methodology governing Postal ments to the United States Postal changes, but the Postal Service has Service payments into the FERS pen- Service, and for other purposes; to the been slow to take advantage of some of sion fund to determine a more accurate Committee on Homeland Security and the flexibilities afforded by that law. contribution. Governmental Affairs. And, to be fair, the Postal Service has As with the CSRS overpayment, the Ms. COLLINS. Mr. President, I rise encountered problems not of its mak- Postal Service would be permitted to today to introduce The U.S. Postal ing, such as a severe recession. use the FERS overpayment to meet its

VerDate Mar 15 2010 02:44 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.049 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S752 CONGRESSIONAL RECORD — SENATE February 15, 2011 statutory obligations to the Retiree sponsible for reviewing and approving community input before making deci- Health Benefits Fund. These fund justifications for noncompetitive pur- sions about co-location and to ensure transfers would greatly improve the chases and for tracking the level of that co-location does not diminish the Postal Service’s financial condition. competition. quality of service. While I was pleased to see that the Earlier this month, the Postmaster Fourth, the bill would require the ar- proposed budget the President released General recognized this as an essential bitrator to consider the Postal Serv- yesterday addresses the FERS overpay- position by naming a Competition Ad- ice’s financial condition when ren- ment, I was disappointed that it did vocate. My bill would help clarify and dering decisions about collective bar- not direct OPM to update its method- codify the Competition Advocate’s role gaining agreements. This logical provi- ology to allow the Postal Service to ac- to ensure that the position continues. sion would allow critical financial in- cess the significant CSRS overpay- Under my legislation, the Competition formation to be weighed as a factor in ment. Moreover, I am concerned that Advocate would also be required to contract negotiations. the 30-year repayment period proposed submit an annual report on Postal Fifth, the bill would require the by the President to refund any FERS Service contracting to the Postmaster Postal Service to provide notice of any overpayments is too long given the im- General, the Board of Governors, the significant proposed changes to mail- mediate financial needs of the Postal Postal Regulatory Commission, and ing rules, solicit and respond to com- Service. the Congress. ments about the proposed changes, and If the CSRS and FERS overpayment To improve transparency and ac- analyze their potential financial im- amounts are sufficient to fully fund the countability, the bill also would re- pacts. Mandating that the Postal Serv- Postal Service’s obligations to the Re- quire the Postal Service to publish jus- ice adhere to these notice-and-com- tiree Health Benefits Fund, this legis- tifications of noncompetitive contracts ment requirements would help ensure lation would allow the Postal Service greater than $250,000 on its website. that the Postal Service has fully con- to pay its workers’ compensation li- This transparency would improve the sidered the effect that significant abilities, which top $1 billion annually. Postal Service’s contracting practices changes might have on customers and The Postal Service may also choose to and promote competition. on the Postal Service’s bottom-line. use these funds to pay down its exist- To resolve the ethical issues docu- Sixth, the bill would reduce working debt, which currently is $12 billion. mented by the IG, the bill would limit force-related costs government-wide by Second, the legislation would im- procurement officials from contracting converting retirement eligible postal prove the Postal Service’s contracting with personal or business associates for and Federal employees on workers’ practices and help prevent the kind of private gain. In a June 2010 report, the compensation to retirement when they ethical violations recently uncovered IG identified several contracts that a reach age 65, 5 years beyond the aver- by the Postal Service Inspector Gen- former top executive awarded non-com- age retirement age for postal and Fed- eral. petitively to former business associ- eral employees. This is a commonsense Several months ago, I asked the ates, totaling nearly $6 million. These change that would significantly reduce Postal Service Inspector General to re- contracts included at least two busi- expenses that both the Postal Service view the Postal Service’s contracting ness associates he hired to manage his and the Federal Government cannot af- policies. The IG found stunning evi- personal finances and outside business ford. dence of costly contract mismanage- interests. These sorts of inappropriate, From July 1, 2009, to June 30, 2010, ment, ethical lapses, and financial unethical contracts are unacceptable, the Department of Labor paid approxi- waste. and this legislation would help prevent mately $2.78 billion to employees on In its review of the Postal Service’s similar conflicts of interest in the fu- workers’ compensation. These workers’ contracting policies, the IG discovered ture. In addition, the bill would require compensation benefits serve as a cru- no-bid contracts and examples of ap- the Postal Service’s ethics official to cial safety net for Federal and postal parent cronyism. The Postal Service’s review any ethics concerns that the employees who are injured on the job contract management did not protect contracting office identifies prior to so they can recuperate and return to against waste, fraud, and abuse. In- awarding a contract. work. deed, it left the door wide open. Third, the legislation includes sev- But, the Department of Labor indi- In fact, the Postal Service could not eral provisions that would enhance effi- cates that postal and Federal employ- even identify how many contracts were ciency and reduce costs. While the ees across the government are receiv- awarded without competition. Of the Postal Service has made efforts to re- ing workers’ compensation benefits no-bid contracts the IG reviewed, 35 duce costs over the past several years, into their 80s, 90s, and even 100s. Be- percent lacked justification. more must be done. cause of its benefits structure, the In one of the more egregious exam- One such area is in the consolidation workers’ compensation program has ples of waste and abuse, the IG discov- of area and district offices. The IG morphed into a higher-paying alter- ered that more than 2,700 contracts had found that the Postal Service’s re- native to Federal and postal retire- been awarded to former employees gional structure—which at the time of ment. since 1991. At least 17 of those con- the report consisted of eight area of- The Postal Service stands out as an tracts were no-bid contracts given to fices and 74 district offices and cost ap- unfortunate example of how Federal career executives within one year of proximately $1.5 billion to maintain in workers’ comp is misused as a retire- their separation from the Postal Serv- fiscal year 2009—has significant room ment system. From July 1, 2009, to ice. for consolidation. The Postal Service June 30, 2010, postal employees ac- Some of these former executives were recently announced the closure of one counted for nearly half of all workers’ brought back at nearly twice their area office, but it needs to conduct a comp benefit payments—about $1.1 bil- former pay to advise newly hired ex- more comprehensive review. My bill lion for 15,470 recipients. Of that num- ecutives—an outrageous practice that would require the Postal Service to ber 2,051 were aged 70 or older; 927 were the IG said raised serious ethical ques- create a strategic plan to guide con- 80 or older; and 132 were 90 or older. tions, hurt employee morale, and tar- solidation efforts—a road map for fu- Amazingly, three of these postal em- nished the Postal Service’s public ture savings. ployees were 98 years old. image. In one example, an executive re- The bill also would require the Postal I must ask the obvious question: Is ceived a $260,000 no-bid contract in Service to develop a plan to increase there any likelihood that these recipi- July 2009, just two months after retir- its presence in retail facilities, or co- ents will ever return to work? No. ing. The purpose? To train his suc- locate, to better serve customers. Be- Then why aren’t they transitioning cessor. fore co-location decisions could be to the retirement system when they My legislation would help remedy made, however, the bill would direct reach retirement age? many of the contracting issues the IG the Postal Service to weigh the impact This bill reforms the law by con- identified. Specifically, the bill would of any decision on small communities verting postal and Federal employees direct the Postmaster General to es- and rural areas. Moreover, the Postal on workers’ compensation to the re- tablish a Competition Advocate, re- Service would be required to solicit tirement system when they reach age

VerDate Mar 15 2010 02:44 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.056 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S753 65. This is a commonsense change that land Security Subcommittee, I chaired (1) by redesignating subsection (b) as sub- would save millions of dollars that the a number of hearings during which wit- section (c); and Postal Service, the Federal Govern- nesses testified about the capacity of (2) by inserting after subsection (a) the fol- ment, and American taxpayers cannot our civilian courts to try alleged ter- lowing: ‘‘(b) ‘Disclosure’, as used in this Act, in- afford to spend. rorists and spies. The first Sub- cludes the release, transmittal, or making The Postal Service is at a crossroads; committee hearing that I chaired was available of, or providing access to, classified it must choose the correct path. It on July 28, 2009, and was entitled information to any person (including a de- must take steps toward a bright future. ‘‘Prosecuting Terrorists: Civilian and fendant or counsel for a defendant) during It must reject the path of severe serv- Military Trials for GTMO and Be- discovery, or to a participant or member of ice reductions and huge rate hikes, yond.’’ The second Terrorism and the public at any proceeding.’’. which will only alienate customers. Homeland Security Subcommittee (c) TECHNICAL AND CONFORMING AMEND- I have already received letters of sup- hearing that I chaired was on May 12, MENT.—Section 501(3) of the Immigration and port for my bill from various organiza- 2010, and was entitled ‘‘The Espionage Nationality Act (8 U.S.C. 1531(3)) is amended tions, including the Alliance of Non- Statutes: A Look Back and A Look by striking ‘‘section 1(b)’’ and inserting ‘‘section 1’’. profit Mailers, Greeting Card Associa- Forward.’’ The testimony I have heard tion, Magazine Publishers Association, in regard to terrorism, espionage and SEC. 2. PRETRIAL CONFERENCE. Section 2 of the Classified Information American Catalog Mailers Association, our civilian courts, has convinced me Procedures Act (18 U.S.C. App.) is amended— National Newspaper Association, that while our courts have the capacity (1) by inserting ‘‘(a) IN GENERAL.—’’ before PostCom, National Postal Policy Coun- and the procedures in place to try al- ‘‘At any time’’; cil, Coalition for a 21st Century Postal leged terrorists and spies, reforms and (2) by adding at the end the following: Service, and the National League of improvements could be made to CIPA ‘‘(b) EX PARTE.—If the United States or the Postmasters. I expect to receive more to codify and clarify the decisions of defendant certifies that the presence of both as postal stakeholders learn more the federal courts. parties at a pretrial conference reasonably about how my bill would help the Post- As a result, today I am reintroducing could be expected to cause damage to the na- al Service transform its operations. the Classified Information Procedures tional security of the United States or the defendant’s ability to make a defense, then The Postal Service must re-invent Reform and Improvement Act, CIPRIA. CIPRIA contains reforms and improve- upon request by either party, the court shall itself. It must embrace changes to revi- hold such pretrial conference ex parte, and talize its business model, enabling it to ments to ensure that the statute main- shall seal and preserve the record of that ex attract and keep customers. The U.S. tains the proper balance between the parte conference in the records of the court Postal Service Improvements Act of protection of classified sources, meth- for use in the event of an appeal.’’. 2011 will help spark new life into this ods and information, and a defendant’s SEC. 3. PROTECTIVE ORDERS. institution, helping it evolve and main- constitutional rights. Among other Section 3 of the Classified Information tain its vital role in American society. things, this legislation, which includes Procedures Act (18 U.S.C. App) is amended— the applicable changes that the Con- (1) by inserting ‘‘(a) IN GENERAL.—’’ before By Mr. CARDIN: gress made when it enacted the Mili- ‘‘Upon motion’’; S. 354. A bill to amend the Classified tary Commissions Act of 2009, will: cod- (2) by inserting ‘‘use or’’ before ‘‘disclo- Information Procedures Act to improve ify, clarify and unify federal case law sure’’; the protection of classified information interpreting CIPA; ensure that all clas- (3) by inserting ‘‘, or access to,’’ after ‘‘dis- and for other puroses; to the Com- closure of’’; sified information, not just documents, (4) by inserting ‘‘, or any classified infor- mittee on the Judiciary. will be governed by CIPA; ensure that mation derived therefrom, that will be’’ after Mr. CARDIN. Mr. President, the Clas- prosecutors and defense attorneys will ‘‘classified information’’; sified Information Procedures Act, be able to fully inform trial courts (5) by inserting ‘‘or made available’’ after CIPA, was enacted in 1980 with bipar- about classified information issues; and ‘‘disclosed’’; and tisan support to address the ‘‘disclose will clarify that the civil state secrets (6) by adding at the end the following: or dismiss’’ dilemma that arose in espi- privilege does not apply in criminal ‘‘(b) NOTICE.—In the event the defendant is onage prosecutions when a defendant cases. CIPRIA will also ensure high- convicted and files a notice of appeal, the would threaten the government with level DOJ approval before the govern- United States shall provide the defendant and the appellate court with a written notice the disclosure of classified information ment invokes its classified information if the government did not drop the setting forth each date that the United privilege in criminal cases and will en- States obtained a protective order under this prosecution. Previously, there were no sure that the federal courts will order Act.’’. Congressionally-mandated procedures the disclosure and use of classified in- SEC. 4. DISCOVERY OF AND ACCESS TO CLASSI- that required district courts to make formation when the disclosure and use FIED INFORMATION BY DEFEND- discovery and admissibility rulings re- meets the applicable legal standards. ANTS. garding classified information in ad- This legislation will also ensure timely Section 4 of the Classified Information vance. appellate review of lower court CIPA Procedures Act (18 U.S.C. App.) is amended— CIPA has worked reasonably well decisions before the commencement of (1) in the section heading, by inserting ‘‘AND ACCESS TO’’ after ‘‘DISCOVERY OF’’; during the last 30 years, but some a trial, explicitly permit trial courts to issues have arisen in a number of nota- (2) by inserting ‘‘(a) IN GENERAL.—’’ before adopt alternative procedures for the ‘‘The court, upon’’; ble terrorism, espionage, and narcotics admission of classified information in (3) in the first sentence— cases that demonstrate that reforms accordance with a defendant’s fair trial (A) by inserting ‘‘to restrict the defend- and improvements could be made to and due process rights, and make tech- ant’s access to or’’ before ‘‘to delete’’; ensure that classified sources, methods nical fixes to ensure consistent use of (B) by striking ‘‘from documents’’; and information can be protected, and terms throughout the statute. (C) by striking ‘‘classified documents, or’’ to ensure that a defendant’s due proc- Mr. President, I ask unanimous con- and inserting ‘‘classified information,’’; and ess and fair trial rights are not vio- sent that the text of the bill be printed (D) by striking the period at the end and lated. In 2009, when the Congress en- inserting ‘‘, or to provide other relief to the in the RECORD. United States.’’; acted the Military Commissions Act, There being no objection, the text of (4) in the second sentence, by striking MCA, the Congress drew heavily from the bill was ordered to be printed in ‘‘alone.’’ inserting ‘‘alone, and may permit the manner in which the federal courts the RECORD, as follows: ex parte proceedings with the United States interpreted CIPA when it updated the S. 354 to discuss that request.’’; procedures governing the use of classi- Be it enacted by the Senate and House of Rep- (5) in the third sentence— fied information in military commis- resentatives of the United States of America in (A) by striking ‘‘If the court enters an sion prosecutions. At that time, how- Congress assembled, order granting relief following such an ex ever, the Congress did not update SECTION 1. SHORT TITLE; DEFINITIONS. parte showing, the’’ and inserting ‘‘The’’; and CIPA. Indeed, since its enactment in (a) SHORT TITLE.—This Act may be cited as the ‘‘Classified Information Procedures Re- (B) by inserting ‘‘, and the transcript of 1980, there have been no changes to the form and Improvement Act of 2011’’. any argument and any summary of the clas- key provisions of CIPA. (b) IN GENERAL.—Section 1 of the Classified sified information the defendant seeks to ob- As the former Chairman of the Sen- Information Procedures Act (18 U.S.C. App.) tain discovery of or access to,’’ after ‘‘text of ate Judiciary’s Terrorism and Home- is amended— the statement of the United States’’; and

VerDate Mar 15 2010 02:44 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.058 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S754 CONGRESSIONAL RECORD — SENATE February 15, 2011 (6) by adding at the end the following: (3) in subsection (b), by inserting ‘‘the use pursuant to this Act applies without regard ‘‘(b) ACCESS TO OTHER CLASSIFIED INFORMA- or’’ before ‘‘disclosure’’. to whether the order or ruling appealed from TION.—If the defendant seeks access to non- SEC. 6. PROCEDURE FOR CASES INVOLVING was entered under this Act, another provi- documentary information from a potential CLASSIFIED INFORMATION. sion of law, a rule, or otherwise. Any such witness or other person through deposition Section 6 of the Classified Information appeal may embrace any preceding order, under the Federal Rules of Criminal Proce- Procedures Act (18 U.S.C. App.) is amended— ruling, or reasoning constituting the basis of dure, or otherwise, which the defendant (1) in subsection (a)— the order or ruling that would authorize such knows or reasonably believes is classified, (A) in the second sentence, by striking use, disclosure, or access. Whenever prac- the defendant shall notify the attorney for ‘‘such a hearing.’’ and inserting ‘‘a hearing ticable, appeals pursuant to this section the United States and the court in writing. and shall make all such determinations prior shall be consolidated to expedite the pro- Such notice shall specify with particularity to proceeding under any alternative proce- ceedings.’’. the nondocumentary information sought by dure set out in subsection (d).’’; and the defendant and the legal basis for such ac- (B) in the third sentence, by striking ‘‘peti- SEC. 8. INTRODUCTION OF CLASSIFIED INFORMA- TION. cess. tion’’ and inserting ‘‘request’’; ‘‘(c) SHOWING BY THE UNITED STATES.—In (2) in subsection (b)(2) by striking ‘‘trial’’ Section 8 of the Classified Information any prosecution in which the United States and inserting ‘‘the trial or pretrial pro- Procedures Act (18 U.S.C. App.) is amended— seeks to restrict, delete, withhold, or other- ceeding’’; (1) in subsection (b), by adding at the end wise obtain relief with respect to the defend- (3) by redesignating subsections (c), (d), (e), ‘‘The court may fashion alternative proce- ant’s discovery of or access to any specific and (f), as subsections (d), (e), (f), and (g), re- dures in order to prevent such unnecessary classified information, the attorney for the spectively; disclosure, provided that such alternative United States shall file with the court a dec- (4) by inserting after subsection (b) the fol- procedures do not deprive the defendant of a laration made by the Attorney General in- lowing: fair trial or violate the defendant’s due proc- voking the United States classified informa- ‘‘(c) STANDARD FOR ADMISSIBILITY, USE, ess rights.’’; and tion privilege, which shall be supported by a AND DISCLOSURE AT TRIAL.—(1) Classified in- (2) by adding at the end the following: declaration made by a knowledgeable United formation which is the subject of a notice by ‘‘(d) ADMISSION OF EVIDENCE.—(1) No classi- States official possessing the authority to the United States pursuant to subsection (b) fied information offered by the United States classify information that sets forth the iden- is not admissible at trial and subject to the and admitted into evidence shall be pre- tifiable damage to the national security that alternative procedures set out in subsection the discovery of, or access to, such informa- sented to the jury unless such evidence is (d), unless a court first determines that such provided to the defendant. tion reasonably could be expected to cause. information is noncumulative and relevant ‘‘(d) STANDARD FOR DISCOVERY OF OR AC- ‘‘(2) Any classified information admitted to an element of the offense or a legally cog- CESS TO CLASSIFIED INFORMATION.—Upon the into evidence shall be sealed and preserved nizable defense, and is otherwise admissible submission of a declaration of the Attorney in the records of the court to be made avail- in evidence. General under subsection (c), the court may ‘‘(2) Nothing in this subsection may be con- able to the appellate court in the event of an not authorize the defendant’s discovery of, strued to prohibit the exclusion from evi- appeal.’’. or access to, classified information, or to the dence of relevant, classified information in SEC. 9. APPLICATION TO PROCEEDINGS. substitution submitted by the United States, accordance with the Federal Rules of Evi- The amendments made by this Act shall which the United States seeks to restrict, dence.’’; delete, or withhold, or otherwise obtain re- take effect on the date of the enactment of (5) in subsection (d), as so redesignated— this Act but shall not apply to any prosecu- lief with respect to, unless the court first de- (A) in the subsection heading, by inserting termines that such classified information or tion in which an indictment or information ‘‘USE OR’’ before ‘‘DISCLOSURE’’; such substitution would be— was filed prior to such date. (B) in paragraph (1), by inserting ‘‘use or’’ ‘‘(1) noncumulative, relevant, and helpful before ‘‘disclosure’’ both places that term ap- to— pears; By Mr. CARDIN: ‘‘(A) a legally cognizable defense; (C) in the flush paragraph following para- S. 355. A bill to improve, modernize, ‘‘(B) rebuttal of the prosecution’s case; or graph (1)(B), by inserting ‘‘use or’’ before and clarify the espionage statutes con- ‘‘(C) sentencing; or ‘‘disclosure’’; and ‘‘(2) noncumulative and essential to a fair tained in chapter 37 of title 18, United (D) in paragraph (2)— determination of a pretrial proceeding. States Code, to promote Federal whis- (i) by striking ‘‘an affidavit of’’ and insert- ‘‘(e) SECURITY CLEARANCE.—Whenever a tleblower protection statutes and regu- court determines that the standard for dis- ing ‘‘a declaration by’’; lations, to deter unauthorized disclo- covery of or access to classified information (ii) by the striking ‘‘such affidavit’’ and inserting ‘‘such declaration’’; and sures of classified information, and for by the defendant has been met under sub- other purposes; to the Committee on section (d), such discovery or access may (iii) by inserting ‘‘the use or’’ before ‘‘dis- only take place after the person to whom closure’’; the Judiciary. discovery or access will be granted has re- (6) in subsection (e), as so redesignated, in Mr. CARDIN. Mr. President, the cur- ceived the necessary security clearances to the first sentence, by striking ‘‘disclosed or rent framework concerning the espio- receive the classified information, and if the elicited’’ and inserting ‘‘used or disclosed’’; nage statutes was designed to address classified information has been designated as and (7) in subsection (f), as so redesignated— classic spy cases involving persons who sensitive compartmented information or spe- intended to aid foreign governments cial access program information, any addi- (A) in the subsection heading, by inserting tional required authorizations to receive the ‘‘USE OR’’ before ‘‘DISCLOSURE’’ both places and harm the United States. The cur- classified information.’’. that term appears; rent framework traces its roots to the SEC. 5. NOTICE OF DEFENDANT’S INTENTION TO (B) in paragraph (1)— Espionage Act of 1917, which made it a DISCLOSE CLASSIFIED INFORMA- (i) by striking ‘‘(c)’’ and inserting ‘‘(d)’’; crime to disclose defense information TION. (ii) by striking ‘‘an affidavit of’’ and in- during wartime. The basic idea behind Section 5 of the Classified Information serting ‘‘a declaration by’’; the legislation, which was upheld by Procedures Act (18 U.S.C. App.) is amended— (iii) by inserting ‘‘the use or’’ before ‘‘dis- (1) in the section heading, by inserting closure’’; and the U.S. Supreme Court as constitu- ‘‘USE OR’’ before ‘‘DISCLOSE’’; (iv) by striking ‘‘disclose’’ and inserting tional in 1919, was to stop citizens from (2) in subsection (a)— ‘‘use, disclose,’’; and spying or interfering with military ac- (A) in the first sentence— (C) in paragraph (2), by striking ‘‘dis- tions during World War I. The current (i) by inserting ‘‘use or’’ before ‘‘disclose’’; closing’’ and inserting ‘‘using, disclosing,’’; framework was formed at a time when and and intelligence and national security in- (ii) by striking ‘‘thirty days prior to trial’’ (8) in the first sentence of subsection (g), formation existed primarily in some and inserting ‘‘45 days prior to such pro- as so redesignated— tangible form, such as blueprints, pho- ceeding’’; (A) by inserting ‘‘used or’’ before ‘‘dis- (B) in the second sentence by striking closed’’; and tographs, maps, and other documents. ‘‘brief’’ and inserting ‘‘specific’’; (B) by inserting ‘‘or disclose’’ before ‘‘to Our nation, however, has witnessed (C) in the third sentence— rebut the’’. dramatic changes to nearly every facet (i) by inserting ‘‘use or’’ before ‘‘disclose’’; SEC. 7. INTERLOCUTORY APPEAL. of our lives over the last 100 years, in- and Section 7(a) of the Classified Information cluding technological advances which (ii) by striking ‘‘brief’’ and inserting ‘‘spe- Procedures Act (18 U.S.C. App.) is amended— have revolutionized our information cific’’; and (1) by striking ‘‘disclosure of’’ both times gathering abilities as well as the medi- (D) in the fourth sentence— that places that term appears and inserting (i) by inserting ‘‘use or’’ before ‘‘disclose’’; ‘‘use, disclosure, discovery of, or access to’’; ums utilized to communicate such in- and and formation. Yet, the basic terms and (ii) by inserting ‘‘reasonably’’ before ‘‘be- (2) by adding at the end the following: structure of the espionage statutes lieved’’; and ‘‘The right of the United States to appeal have remained relatively unchanged

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.037 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S755 since their inception. Moreover, issues portant improvements to the espionage the classified information, irrespective of have arisen in the prosecution and de- statutes to make them more effective whether the Government officer, employee, fense of criminal cases when the stat- and relevant in the 21st century. This contractor, or consultant intended to aid a utes have been applied to persons who legislation is narrowly-tailored and foreign nation or harm the United States. (6) Federal whistleblower protection stat- may be disclosing classified informa- balanced, and will enable the govern- utes and regulations that enable Govern- tion for purposes other than to aid a ment to use a separate criminal stat- ment officers, employees, contractors, and foreign government or to harm the ute to prosecute government employ- consultants to report unlawful and improper United States. In addition, the statutes ees who make unauthorized disclosures conduct are appropriate mechanisms for re- contain some terms which are outdated of classified information in violation of porting such conduct. and do not reflect how information is the nondisclosure agreements they (7) Congress can deter unauthorized disclo- classified by the Executive Branch have entered, irrespective of whether sures of classified information and thereby today. they intend to aid a foreign govern- protect the national security by— (A) enacting laws that improve, modernize, Legal scholars and commentators ment or harm the United States. have criticized the current framework, and clarify the espionage statutes and make This legislation is not designed to the espionage statutes more relevant and ef- and over the years, some federal courts make it easier for the government to fective in the 21st century in the prosecution have as well. In 2006, after reviewing prosecute the press, to chill First of persons working on behalf of foreign pow- the many developments in the law and Amendment freedoms, or to make it ers; changes in society that had taken more difficult to expose government (B) promoting Federal whistleblower pro- place since the enactment of the espio- wrongdoing. In fact, the proposed legis- tection statutes and regulations to enable nage statutes, one district court judge lation promotes the use of Federal Government officers, employees, contractors, or consultants to report unlawful and stated that ‘‘the time is ripe for Con- whistleblower statutes and regulations gress’’ to reexamine them. United States improper conduct; and to report unlawful and other improper (C) enacting laws that separately punish v. Rosen, 445 F. Supp. 2d 602, 646, E.D. conduct. Unauthorized leaks of classi- the unauthorized disclosure of classified in- Va. 2006, Ellis, J. Nearly 20 years ear- fied information, however, are harmful formation by Government officers, employ- lier in the Morison case, one federal ap- to the national security and could en- ees, contractors, or consultants who know- pellate judge stated that ‘‘[i]f one thing danger lives. Thus, in addition to pro- ingly and intentionally violate a classified is clear, it is that the Espionage Act posing important refinements to the information nondisclosure agreement, irre- statutes as now broadly drawn are un- espionage statutes, this legislation will spective of whether the officers, employees, wieldy and imprecise instruments for contractors, or consultants intend to aid a deter unauthorized leaks of classified foreign power or harm the United States. prosecuting government ‘leakers’ to information by government employees SEC. 3. CRIMES. the press as opposed to government who knowingly and intentionally vio- ‘moles’ in the service of other coun- (a) IN GENERAL.—Chapter 37 of title 18, late classified information nondisclo- United States Code, is amended— tries.’’ That judge also stated that sure agreements. (1) in section 793— ‘‘carefully drawn legislation’’ was a Mr. President, I ask unanimous con- (A) in the section heading, by striking ‘‘or ‘‘better long-term resolution’’ than ju- sent that the text of the bill be printed losing defense information’’ and inserting dicial intervention. See United States v. in the RECORD. ‘‘or, losing national security information’’; Morison, 844 F.2d 1057, 1086, 4th Cir. There being no objection, the text of (B) by striking ‘‘the national defense’’ each 1988. the bill was ordered to be printed in place it appears and inserting ‘‘national se- As the former Chairman of the Sen- the RECORD, as follows: curity’’; (C) by striking ‘‘foreign nation’’ each place ate Judiciary’s Terrorism and Home- S. 355 land Security Subcommittee, I chaired it appears and inserting ‘‘foreign power’’; Be it enacted by the Senate and House of Rep- (D) in subsection (b), by inserting ‘‘classi- a Subcommittee hearing on May 12, resentatives of the United States of America in fied information, or other’’ before ‘‘sketch’’; 2010, entitled ‘‘The Espionage Statutes: Congress assembled, (E) in subsection (c), by inserting ‘‘classi- A Look Back and A Look Forward.’’ At SECTION 1. SHORT TITLE. fied information, or other’’ before ‘‘docu- that Subcommittee hearing, I ques- This Act may be cited as the ‘‘The Espio- ment’’; tioned a number of witnesses, which in- nage Statutes Modernization Act of 2011’’. (F) in subsection (d), by inserting ‘‘classi- cluded witnesses from academia as well SEC. 2. FINDINGS. fied information, or other’’ before ‘‘docu- as former officials from the intel- Congress finds the following: ment’’; ligence and law enforcement commu- (1) As of 2011, the statutory framework (G) in subsection (e), by inserting ‘‘classi- with respect to the espionage statutes is a fied information, or other’’ before ‘‘docu- nities, about how well the espionage compilation of statutes that began with Act ment’’; statutes have been working. And since of June 15, 1917 (40 Stat. 217, chapter (H) in subsection (f), by inserting ‘‘classi- that hearing, I have been closely and 30)(commonly known as the ‘‘Espionage Act fied information,’’ before ‘‘document’’; and carefully reviewing these statutes, par- of 1917’’), which targeted classic espionage (I) in subsection (h)(1), by striking ‘‘foreign ticularly in the context of recent cases involving persons working on behalf of government’’ and inserting ‘‘foreign power’’; events. I am convinced that changes in foreign nations. (2) in section 794— technology and society, combined with (2) The statutory framework was formed at (A) in the section heading, by striking statutory and judicial changes to the a time when intelligence and national secu- ‘‘Gathering’’ and all that follows and insert- rity information existed primarily in a tan- ing ‘‘Gathering or delivering national secu- law, have rendered some aspects of our gible form, such as blueprints, photographs, rity information to aid foreign powers’’; and espionage laws less effective than they maps, and other documents. (B) in subsection (a)— need to be to protect the national secu- (3) Since 1917, the United States has wit- (i) by striking ‘‘foreign nation’’ and insert- rity. I also believe that we need to en- nessed dramatic changes in intelligence and ing ‘‘foreign power’’; hance our ability to prosecute spies as national security information, including (ii) by striking ‘‘foreign government’’ and well as those who make unauthorized technological advances that have revolution- inserting ‘‘foreign power’’; disclosures of classified information. ized information gathering abilities as well (iii) by inserting ‘‘classified information,’’ We don’t need an Official State Secrets as the mediums used to communicate such before ‘‘document’’; information. (iv) by striking ‘‘the national defense’’ and Act, and we must be careful not to (4) Some of the terms used in the espionage inserting ‘‘national security’’; and chill protected First Amendment ac- statutes are obsolete and the statutes do not (v) by striking ‘‘(as defined in section tivities. We do, however, need to do a fully take into account the classification 101(a) of the Foreign Intelligence Surveil- better job of preventing unauthorized levels that apply to national security infor- lance Act of 1978)’’; disclosures of classified information mation in the 21st century. (3) in section 795(a), by striking ‘‘national that can harm the United States, and (5) In addition, the statutory framework defense’’ and inserting ‘‘national security’’; at the same time we need to ensure was originally designed to address classic es- (4) in section 798— that public debates continue to take pionage cases involving persons working on (A) in subsection (a), by striking ‘‘foreign behalf of foreign nations. However, the na- government’’ each place it appears and in- place on important national security tional security of the United States could be serting ‘‘foreign power’’; and and foreign policy issues. harmed, and lives may be put at risk, when (B) in subsection (b)— As a result, today I am reintroducing a Government officer, employee, contractor, (i) by striking the first undesignated para- the Espionage Statutes Modernization or consultant with access to classified infor- graph (relating to the term ‘‘classified infor- Act, ESMA. This legislation makes im- mation makes an unauthorized disclosure of mation’’); and

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(ii) by striking the third undesignated ‘‘(e) DEFENSE OF IMPROPER CLASSIFICA- sonnel, and (3) with the prior consent of the paragraph (relating to the term ‘‘foreign TION.—The disclosure, delivery, communica- Government department or agency con- government’’); and tion, or transmission of classified informa- cerned and the Committee on Rules and Ad- (5) by adding at the end the following: tion by a covered individual shall not violate ministration, to use on a reimbursable or ‘‘§ 800. Definitions subsection (b)(1) if the covered individual nonreimbursable basis the services of per- ‘‘In this chapter— proves by clear and convincing evidence that sonnel of any such department or agency. ‘‘(1) the term ‘classified information’ has at the time the information was originally SEC. 2(a). The expenses of the committee the meaning given the term in section 1 of classified, no reasonable person with original for the period March 1, 2011, through Sep- the Classified Information Procedures Act classification authority under Executive tember 30, 2011, under this resolution shall (18 U.S.C. App.); Order 13292 (68 Fed. Reg. 15315), or any suc- ‘‘(2) the term ‘foreign power’ has the mean- cessor order, could have identified or de- not exceed $3,612,391, of which amount (1) not ing given the term in section 101 of the For- scribed any damage to national security that to exceed $4,666.67 may be expended for the eign Intelligence Surveillance Act of 1978 (50 reasonably could be expected to be caused by procurement of the services of individual U.S.C. 1801); and the unauthorized disclosure of the informa- consultants, or organizations thereof (as au- ‘‘(3) the term ‘national security’ has the tion. thorized by section 202(i) of the Legislative meaning given the term in section 1 of the ‘‘(f) EXTRATERRITORIAL JURISDICTION.— Reorganization Act of 1946 (2 U.S.C. 72a(i))), Classified Information Procedures Act (18 There is extraterritorial jurisdiction over an and (2) not to exceed $1,166.67 may be ex- U.S.C. App.).’’. offense under this section.’’. pended for the training of the professional (b) TECHNICAL AND CONFORMING AMEND- (b) TECHNICAL AND CONFORMING AMEND- staff of such committee (under procedures MENT.—The table of section for chapter 37 of MENT.—The table of sections for chapter 93 of specified by section 202(j) of that Act). title 18, United States Code, is amended— title 18, United States Code, is amended by (1) by striking the item relating to section adding at the end the following: (b) For the period October 1, 2011, through 793 and inserting the following: ‘‘1925. Violation of classified information September 30, 2012, expenses of the com- ‘‘793. Gathering, transmitting, or losing na- nondisclosure agreement.’’. mittee under this resolution shall not exceed $6,192,669, of which amount (1) not to exceed tional security information.’’; SEC. 5. DIRECTIVE TO SENTENCING COMMIS- $8,000 may be expended for the procurement (2) by striking the item relating to section SION. of the services of individual consultants, or 794 and inserting the following: (a) IN GENERAL.—Pursuant to its authority under section 994 of title 28, United States organizations thereof (as authorized by sec- ‘‘794. Gathering or delivering national secution 202(i) of the Legislative Reorganization rity information to aid foreign Code, and in accordance with this section, Act of 1946 (2 U.S.C. 72a(i))), and (2) not to ex- powers.’’; and the United States Sentencing Commission, shall review and, if appropriate, amend the ceed $2,000 may be expended for the training (3) by adding at the end the following: Federal Sentencing Guidelines and policy of the professional staff of such committee ‘‘800. Definitions.’’. statements applicable to a person convicted (under procedures specified by section 202(j) SEC. 4. VIOLATION OF CLASSIFIED INFORMATION of an offense under section 1925 of title 18, of that Act). NONDISCLOSURE AGREEMENT. United States Code, as added by this Act. (c) For the period October 1, 2012, through (a) IN GENERAL.—Chapter 93 of title 18, (b) CONSIDERATIONS.—In carrying out this February 28, 2013, expenses of the committee United States Code, is amended by adding at section, the Sentencing Commission shall under this resolution shall not exceed the end the following: ensure that the sentencing guidelines ac- $2,580,278, of which amount (1) not to exceed ‘‘§ 1925. Violation of classified information count for all relevant conduct, including— $3,333.33 may be expended for the procure- nondisclosure agreement (1) multiple instances of unauthorized dis- ment of the services of individual consult- ‘‘(a) DEFINITIONS.—In this section— closure, delivery, communication, or trans- ants, or organizations thereof (as authorized ‘‘(1) the term ‘classified information’ has mission of the classified information; the meaning given the term in section 1 of (2) the volume of the classified information by section 202(i) of the Legislative Reorga- the Classified Information Procedures Act that was disclosed, delivered, communicated, nization Act of 1946 (2 U.S.C. 72a(i))), and (2) (18 U.S.C. App.); and or transmitted; not to exceed $833.33 may be expended for the ‘‘(2) the term ‘covered individual’ means an (3) the classification level of the classified training of the professional staff of such officer, employee, contractor, or consultant information; committee (under procedures specified by of an agency of the Federal Government (4) the harm to the national security of the section 202(j) of that Act). United States that reasonably could be ex- who, by virtue of the office, employment, po- SEC. 3. The committee shall report its find- pected to be caused by the disclosure, deliv- sition, or contract held by the individual, ings, together with such recommendations ery, communication, or transmission of the knowingly and intentionally agrees to be le- for legislation as it deems advisable, to the gally bound by the terms of a classified in- classified information; and (5) the nature and manner in which the Senate at the earliest practicable date, but formation nondisclosure agreement. not later than February 28, 2013. ‘‘(b) OFFENSE.— classified information was disclosed, deliv- ‘‘(1) IN GENERAL.—Except as otherwise pro- ered, communicated, or transmitted. SEC. 4. Expenses of the committee under vided in this section, it shall be unlawful for f this resolution shall be paid from the contin- a covered individual to intentionally dis- gent fund of the Senate upon vouchers ap- close, deliver, communicate, or transmit SUBMITTED RESOLUTIONS proved by the chairman of the committee, classified information, without the author- except that vouchers shall not be required (1) ization of the head of the Federal agency, or for the disbursement of salaries of employees an authorized designee, knowing or having SENATE RESOLUTION 50—AUTHOR- paid at an annual rate, or (2) for the pay- reason to know that the disclosure, delivery, IZING EXPENDITURES BY THE ment of telecommunications provided by the communication, or transmission of the clas- COMMITTEE ON ENVIRONMENT Office of the Sergeant at Arms and Door- sified information is a violation of the terms AND PUBLIC WORKS keeper, United States Senate, or (3) for the of the classified information nondisclosure payment of stationery supplies purchased agreement entered by the covered individual. Mrs. BOXER submitted the following through the Keeper of the Stationery, United ‘‘(2) PENALTY.—A covered individual who resolution; from the Committee on En- States Senate, or (4) for payments to the violates paragraph (1) shall be fined under vironment and Public Works; which Postmaster, United States Senate, or (5) for this title, imprisoned for not more than 5 was referred to the Committee on the payment of metered charges on copying years, or both. Rules and Administration: ‘‘(c) WHISTLEBLOWER PROTECTION.—The dis- equipment provided by the Office of the Ser- closure, delivery, communication, or trans- S. RES. 50 geant at Arms and Doorkeeper, United mission of classified information by a cov- Resolved, That, in carrying out its powers, States Senate, or (6) for the payment of Sen- ered individual in accordance with a Federal duties, and functions under the Standing ate Recording and Photographic Services, or whistleblower protection statute or regula- Rules of the Senate, in accordance with its (7) for payment of franked and mass mail tion applicable to the Federal agency of jurisdiction under rule XXV of such rules, in- costs by the Sergeant at Arms and Door- which the covered individual is an officer, cluding holding hearings, reporting such keeper, United States Senate. employee, contractor, or consultant shall hearings, and making investigations as au- SEC. 5. There are authorized such sums as not be a violation of subsection (b)(1). thorized by paragraphs 1 and 8 of rule XXVI ‘‘(d) REBUTTABLE PRESUMPTION.—For pur- of the Standing Rules of the Senate, the may be necessary for agency contributions poses of this section, there shall be a rebut- Committee on Environment and Public related to the compensation of employees of table presumption that information has been Works is authorized from March 1, 2011, the committee from March 1, 2011, through properly classified if the information has through September 30, 2011; October 1, 2011, September 30, 2011; October 1, 2011 through been marked as classified information in ac- through September 30, 2012; and October 1, September 30, 2012; and October 1, 2012, cordance with Executive Order 12958 (60 Fed. 2012, through February 28, 2013, in its discre- through February 28, 2013, to be paid from Reg. 19825) or a successor or predecessor to tion (1) to make expenditures from the con- the Appropriations account for ‘‘Expenses of the order. tingent fund of the Senate, (2) to employ per- Inquiries and Investigations’’.

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OF THE INDEPENDENCE OF to enhance cooperation in various fields of (c) For the period October 1, 2012, through February 28, 2013, expenses of the committee GREECE AND CELEBRATING interest; Whereas Greece and the United States are under this resolution shall not exceed GREEK AND AMERICAN DEMOC- at the forefront of the effort for freedom, de- $1,383,653, of which amount (1) not to exceed RACY mocracy, peace, stability, and human rights; $85,000 may be expended for the procurement Mr. MENENDEZ (for himself and Ms. Whereas those and similar ideals have of the services of individual consultants, or SNOWE) submitted the following resolu- forged a close bond between Greece and the organizations thereof (as authorized by section; which was referred to the Com- United States; and tion 202(i) of the Legislative Reorganization mittee on Foreign Relations: Whereas it is proper and desirable for the Act of 1946), and (2) not to exceed $5,000 may United States to celebrate March 25, 2011, be expended for the training of the profes- S. RES. 51 Greek Independence Day, with the Greek sional staff of such committee (under proce- Whereas the ancient Greeks developed the people and to reaffirm the democratic prin- dures specified by section 202(j) of the Legis- concept of democracy, in which the supreme ciples from which these two great nations lative Reorganization Act of 1946). power to govern was vested in the people; were born: Now, therefore, be it SEC. 3. The committee shall report its find- Whereas the Founding Fathers of the Resolved, That the Senate— ings, together with such recommendations United States, many of whom read Greek po- (1) extends warm congratulations and best for legislation as it deems advisable, to the litical philosophy in the original Greek, wishes to the people of Greece as they cele- Senate at the earliest practicable date, but drew heavily on the political experience and brate the 190th anniversary of the independ- not later than February 28, 2013, respec- philosophy of ancient Greece in forming our ence of Greece; tively. representative democracy; (2) expresses support for the principles of SEC. 4. Expenses of the committee under Whereas Greek Commander in Chief Petros democratic governance to which the people this resolution shall be paid from the contin- Mavromichalis, a founder of the modern of Greece are committed; and gent fund of the Senate upon vouchers ap- Greek state, said to the citizens of the (3) notes the important role that Greece proved by the chairman of the committee, United States in 1821 that ‘‘it is in your land has played in the wider European region and except that vouchers shall not be required (1) that liberty has fixed her abode and . . . in in the community of nations since gaining for the disbursement of salaries of employees imitating you, we shall imitate our ances- its independence 190 years ago. paid at an annual rate, or (2) for the pay- tors and be thought worthy of them if we ment of telecommunications provided by the succeed in resembling you’’; f Office of the Sergeant at Arms and Door- Whereas the Greek national anthem, the SENATE RESOLUTION 52—AUTHOR- keeper, United States Senate, or (3) for the ‘‘Hymn to Liberty’’, includes the words, IZING EXPENDITURES BY THE payment of stationery supplies purchased ‘‘Most heartily was gladdened George Wash- SPECIAL COMMITTEE ON AGING through the Keeper of the Stationery, United ington’s brave land’’; States Senate, or (4) for payments to the Whereas the people of the United States Mr. KOHL submitted the following Postmaster, United States Senate, or (5) for generously offered humanitarian assistance resolution; from the Special Com- the payment of metered charges on copying to the Greek people during their struggle for mittee on Aging; which was referred to equipment provided by the Office of the Ser- independence; the Committee on Rules and Adminis- geant at Arms and Doorkeeper, United Whereas Greece played a major role in the tration: States Senate, or (6) for the payment of Sen- World War II struggle to protect freedom and ate Recording and Photographic Services, or S. RES. 52 democracy through such bravery as was (7) for payment of franked and mass mail shown in the historic Battle of Crete, which Resolved, That, in carrying out its powers, costs by the Sergeant at Arms and Door- provided the Axis land war with its first duties, and functions under the Standing keeper, United States Senate. major setback, setting off a chain of events Rules of the Senate, in accordance with its that significantly affected the outcome of jurisdiction under rule XXV of such rules, in- f World War II; cluding holding hearings, reporting such SENATE RESOLUTION 53—AUTHOR- Whereas hundreds of thousands of Greek hearings, and making investigations as au- IZING EXPENDITURES BY THE civilians were killed in Greece during World thorized by paragraphs 1 and 8 of rule XXVI COMMITTEE ON HOMELAND SE- War II in defense of the values of the Allies; of the Standing Rules of the Senate, the Spe- Whereas, throughout the 20th century, cial Committee on Aging is authorized from CURITY AND GOVERNMENTAL Greece was one of a few countries that allied March 1, 2011, through September 30, 2011; AFFAIRS with the United States in every major inter- October 1, 2011, through September 30, 2012; Mr. LIEBERMAN submitted the fol- national conflict; and October 1, 2012, through February 28, lowing resolution; from the Committee Whereas Greece is a strategic partner and 2013, in its discretion (1) to make expendi- on Homeland Security and Govern- ally of the United States in bringing polit- tures from the contingent fund of the Sen- mental Affairs; which was referred to ical stability and economic development to ate, (2) to employ personnel, and (3) with the the volatile Balkan region, having invested prior consent of the Government department the Committee on Rules and Adminis- more than $20,000,000,000 in the countries of or agency concerned and the Committee on tration: the region, thereby helping to create more Rules and Administration, to use on a reim- S. RES. 53 than 200,000 new jobs, and having contributed bursable or nonreimbursable basis the serv- Resolved, more than $750,000,000 in development aid for ices of personnel of any such department or SECTION 1. COMMITTEE ON HOMELAND SECU- the region; agency. RITY AND GOVERNMENTAL AFFAIRS. Whereas Greece actively participates in SEC. 2. (a) The expenses of the committee (a) GENERAL AUTHORITY.—In carrying out peacekeeping and peace-building operations for the period March 1, 2011, through Sep- its powers, duties, and functions under the conducted by international organizations in- tember 30, 2011, under this resolution shall Standing Rules of the Senate, in accordance cluding the United Nations, the North Atlan- not exceed $1,937,114, of which amount (1) not with its jurisdiction under rule XXV of such tic Treaty Organization, the European to exceed $117,000 may be expended for the rules and S. Res. 445 (108th Congress), includ- Union, and the Organization for Security and procurement of the services of individual ing holding hearings, reporting such hear- Co-operation in Europe; consultants, or organizations thereof (as au- ings, and making investigations as author- Whereas Greece received worldwide praise thorized by section 202(i) of the Legislative ized by paragraphs 1 and 8 of rule XXVI of for its extraordinary handling during the Reorganization Act of 1946), and (2) not to the Standing Rules of the Senate, the Com- 2004 Olympic Games of more than 14,000 ath- exceed $10,000 may be expended for the train- mittee on Homeland Security and Govern- letes and more than 2,000,000 spectators and ing of the professional staff of such com- mental Affairs (referred to in this resolution journalists, a feat Greece handled efficiently, mittee (under procedures specified by section as the ‘‘committee’’) is authorized from securely, and with hospitality; 202(j) of the Legislative Reorganization Act March 1, 2011, through February 28, 2013, in Whereas Greece, located in a region where of 1946). its discretion— Christianity meets Islam and Judaism, (b) For the period October 1, 2011, through (1) to make expenditures from the contin- maintains excellent relations with Muslim September 30, 2012, expenses of the com- gent fund of the Senate; nations and Israel; mittee under this resolution shall not exceed (2) to employ personnel; and Whereas the Government of Greece has $3,320,767, of which amount (1) not to exceed (3) with the prior consent of the Govern- taken important steps in recent years to fur- $200,000 may be expended for the procurement department or agency concerned and ther cross-cultural understanding and rap- ment of the services of individual consult- the Committee on Rules and Administration, prochement with Turkey, as seen by Prime ants, or organizations thereof (as authorized to use on a reimbursable, or nonreimburs- Minister of Greece George Papandreou’s trip by section 202(i) of the Legislative Reorga- able, basis the services of personnel of any to Turkey, just days after being elected and nization Act of 1946), and (2) not to exceed such department or agency. the Prime Minister of Turkey Recep Tayyip $15,000 may be expended for the training of (b) EXPENSES FOR PERIOD ENDING SEP- Erdogan’s visit to Greece in May 2010, during the professional staff of such committee TEMBER 30, 2011.—The expenses of the com- which Greece and Turkey established a Joint (under procedures specified by section 202(j) mittee for the period March 1, 2011, through

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September 30, 2011, under this section shall (1) IN GENERAL.—The committee, or any (i) the collection and dissemination of ac- not exceed $6,902,759, of which amount— duly authorized subcommittee of the com- curate statistics on fuel demand and supply; (1) not to exceed $75,000, may be expended mittee, is authorized to study or inves- (ii) the implementation of effective energy for the procurement of the services of indi- tigate— conservation measures; vidual consultants, or organizations thereof (A) the efficiency and economy of oper- (iii) the pricing of energy in all forms; (as authorized by section 202(i) of the Legis- ations of all branches of the Government in- (iv) coordination of energy programs with lative Reorganization Act of 1946 (2 U.S.C. cluding the possible existence of fraud, mis- State and local government; 72a(i))); and feasance, malfeasance, collusion, mis- (v) control of exports of scarce fuels; (2) not to exceed $20,000, may be expended management, incompetence, corruption, or (vi) the management of tax, import, pric- for the training of the professional staff of unethical practices, waste, extravagance, ing, and other policies affecting energy sup- the committee (under procedures specified conflicts of interest, and the improper ex- plies; by section 202(j) of that Act). penditure of Government funds in trans- (vii) maintenance of the independent sec- (c) EXPENSES FOR FISCAL YEAR 2012 PE- actions, contracts, and activities of the Gov- tor of the petroleum industry as a strong RIOD.—The expenses of the committee for the ernment or of Government officials and em- competitive force; period October 1, 2011, through September 30, ployees and any and all such improper prac- (viii) the allocation of fuels in short supply 2012, under this section shall not exceed tices between Government personnel and by public and private entities; $11,833,302, of which amount— corporations, individuals, companies, or per- (ix) the management of energy supplies (1) not to exceed $75,000, may be expended sons affiliated therewith, doing business owned or controlled by the Government; for the procurement of the services of indi- with the Government; and the compliance or (x) relations with other oil producing and vidual consultants, or organizations thereof noncompliance of such corporations, compa- consuming countries; (as authorized by section 202(i) of the Legis- nies, or individuals or other entities with the (xi) the monitoring of compliance by gov- lative Reorganization Act of 1946 (2 U.S.C. rules, regulations, and laws governing the ernments, corporations, or individuals with 72a(i))); and various governmental agencies and its rela- the laws and regulations governing the allo- (2) not to exceed $20,000, may be expended tionships with the public; cation, conservation, or pricing of energy for the training of the professional staff of (B) the extent to which criminal or other supplies; and the committee (under procedures specified improper practices or activities are, or have (xii) research into the discovery and devel- by section 202(j) of that Act). been, engaged in the field of labor-manage- opment of alternative energy supplies; and (d) EXPENSES FOR PERIOD ENDING FEBRUARY ment relations or in groups or organizations (G) the efficiency and economy of all 28, 2013.—For the period October 1, 2012, of employees or employers, to the detriment branches and functions of Government with through February 28, 2013, expenses of the of interests of the public, employers, or em- particular references to the operations and committee under this section shall not ex- ployees, and to determine whether any management of Federal regulatory policies ceed $4,930,543, of which amount— changes are required in the laws of the and programs. United States in order to protect such inter- (1) not to exceed $75,000, may be expended (2) EXTENT OF INQUIRIES.—In carrying out for the procurement of the services of indi- ests against the occurrence of such practices the duties provided in paragraph (1), the in- vidual consultants, or organizations thereof or activities; quiries of this committee or any sub- (as authorized by section 202(i) of the Legis- (C) organized criminal activity which may committee of the committee shall not be operate in or otherwise utilize the facilities lative Reorganization Act of 1946); and construed to be limited to the records, func- of interstate or international commerce in (2) not to exceed $20,000, may be expended tions, and operations of any particular furtherance of any transactions and the for the training of the professional staff of branch of the Government and may extend manner and extent to which, and the iden- the committee (under procedures specified to the records and activities of any persons, tity of the persons, firms, or corporations, or by section 202(j) of that Act). corporation, or other entity. other entities by whom such utilization is (3) SPECIAL COMMITTEE AUTHORITY.—For SEC. 2. REPORTING LEGISLATION. being made, and further, to study and inves- the purposes of this subsection, the com- The committee shall report its findings, tigate the manner in which and the extent to mittee, or any duly authorized sub- together with such recommendations for leg- which persons engaged in organized criminal committee of the committee, or its chair- islation as it deems advisable, to the Senate activity have infiltrated lawful business en- at the earliest practicable date, but not later terprise, and to study the adequacy of Fed- man, or any other member of the committee than February 28, 2013. eral laws to prevent the operations of orga- or subcommittee designated by the chair- SEC. 3. EXPENSES; AGENCY CONTRIBUTIONS; nized crime in interstate or international man, from March 1, 2011, through February AND INVESTIGATIONS. commerce; and to determine whether any 28, 2013, is authorized, in its, his, her, or their (a) EXPENSES OF THE COMMITTEE.— changes are required in the laws of the discretion— (1) IN GENERAL.—Except as provided in United States in order to protect the public (A) to require by subpoena or otherwise the paragraph (2), any expenses of the committee against such practices or activities; attendance of witnesses and production of under this resolution shall be paid from the (D) all other aspects of crime and lawless- correspondence, books, papers, and docu- contingent fund of the Senate upon vouchers ness within the United States which have an ments; approved by the chairman of the committee. impact upon or affect the national health, (B) to hold hearings; (2) VOUCHERS NOT REQUIRED.—Vouchers welfare, and safety; including but not lim- (C) to sit and act at any time or place dur- shall not be required for— ited to investment fraud schemes, coming the sessions, recess, and adjournment pe- (A) the disbursement of salaries of employ- modity and security fraud, computer fraud, riods of the Senate; ees of the committee who are paid at an an- and the use of offshore banking and cor- (D) to administer oaths; and nual rate; porate facilities to carry out criminal objec- (E) to take testimony, either orally or by (B) the payment of telecommunications ex- tives; sworn statement, or, in the case of staff penses provided by the Office of the Sergeant (E) the efficiency and economy of oper- members of the Committee and the Perma- at Arms and Doorkeeper; ations of all branches and functions of the nent Subcommittee on Investigations, by (C) the payment of stationery supplies pur- Government with particular reference to— deposition in accordance with the Com- chased through the Keeper of Stationery; (i) the effectiveness of present national se- mittee Rules of Procedure. (D) payments to the Postmaster of the curity methods, staffing, and processes as (4) AUTHORITY OF OTHER COMMITTEES.— Senate; tested against the requirements imposed by Nothing contained in this subsection shall (E) the payment of metered charges on the rapidly mounting complexity of national affect or impair the exercise of any other copying equipment provided by the Office of security problems; standing committee of the Senate of any the Sergeant at Arms and Doorkeeper; (ii) the capacity of present national secu- power, or the discharge by such committee (F) the payment of Senate Recording and rity staffing, methods, and processes to of any duty, conferred or imposed upon it by Photographic Services; or make full use of the Nation’s resources of the Standing Rules of the Senate or by the (G) for payment of franked and mass mail knowledge and talents; Legislative Reorganization Act of 1946. costs by the Sergeant at Arms and Door- (iii) the adequacy of present intergovern- (5) SUBPOENA AUTHORITY.—All subpoenas keeper, United States Senate. mental relations between the United States and related legal processes of the committee (b) AGENCY CONTRIBUTIONS.—There are au- and international organizations principally and its subcommittees authorized under S. thorized such sums as may be necessary for concerned with national security of which Res. 73, agreed to March 10, 2009 (111th Con- agency contributions related to the com- the United States is a member; and gress), are authorized to continue. pensation of employees of the committee for (iv) legislative and other proposals to im- f the period March 1, 2011, through September prove these methods, processes, and relation- 30, 2011, for the period October 1, 2011, ships; SENATE RESOLUTION 54—AUTHOR- through September 30, 2012, and for the pe- (F) the efficiency, economy, and effective- IZING EXPENDITURES BY THE riod October 1, 2012, through February 28, ness of all agencies and departments of the SELECT COMMITTEE ON INTEL- 2013, to be paid from the appropriations ac- Government involved in the control and LIGENCE count for ‘Expenses of Inquiries and Inves- management of energy shortages including, tigations’ of the Senate. but not limited to, their performance with Mrs. FEINSTEIN submitted the fol- (c) INVESTIGATIONS.— respect to— lowing resolution; from the Select

VerDate Mar 15 2010 02:44 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.052 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S759 Committee on Intelligence was referred Postmaster, United States Senate, or (5) for States, provide modernization of the to the Committee on Rules and Admin- the payment of metered charges on copying air traffic control system, reauthorize istration: equipment provided by the Office of the Ser- the Federal Aviation Administration, geant at Arms and Doorkeeper, United S. RES. 54 and for other purposes; which was or- States Senate, or (6) for the payment of Sen- Resolved, That, in carrying out its powers, ate Recording and Photographic Services, or dered to lie on the table; as follows: duties, and functions under Senate Resolu- (7) for payment of franked and mass mail On page 245, between lines 7 and 8, insert tion 400, agreed to May 19, 1976 (94th Con- costs by the Sergeant at Arms and Door- the following: gress), as amended by Senate Resolution 445, keeper, United States Senate. (g) SPECIAL RULE FOR MODEL AIRCRAFT.— N GENERAL agreed to October 9, 2004 (108th Congress), in SEC. 5. There are authorized such sums as (1) I .—Notwithstanding any accordance with its jurisdiction under sec- may be necessary for agency contributions other provision of law relating to the incor- tion 3 and section 17 of such Senate Resolu- related to the compensation of employees of poration of unmanned aircraft systems into tion 400, including holding hearings, report- the committee from March 1, 2011 through FAA plans and policies,, including this sec- ing such hearings, and making investiga- September 30, 2011; October 1, 2011, through tion, the Administrator shall not promulgate tions as authorized by section 5 of such Sen- September 30, 2012; and October 1, 2012, any rules or regulations regarding model air- ate Resolution 400, the Select Committee on through February 28, 2013, to be paid from craft or aircraft being developed as model Intelligence is authorized from March 1, 2011, the Appropriations account for ‘‘Expenses of aircraft if such aircraft is— through September 30, 2011; October 1, 2011, Inquiries and Investigations.’’ (A) flown strictly for recreational, sport, through September 30, 2012; and October 1, competition, or academic purposes; 2012, through February 28, 2013, in its discre- f (B) operated in accordance with a commu- tion (1) to make expenditures from the con- AMENDMENTS SUBMITTED AND nity-based set of safety guidelines and with- tingent fund of the Senate, (2) to employ per- PROPOSED in the programming of a nationwide commu- sonnel, and (3) with the prior consent of the nity-based organization; and Government department or agency con- SA 86. Mr. INHOFE submitted an amend- (C) limited to not more than 55 pounds un- cerned and the Committee on Rules and Ad- ment intended to be proposed by him to the less otherwise certified through a design, ministration, to use on a reimbursable or bill S. 223, to modernize the air traffic con- construction, inspection, flight test, and non-reimbursable basis the services of per- trol system, improve the safety, reliability, operational safety program currently admin- sonnel of any such department or agency. and availability of transportation by air in istered by a community-based organization. SEC. 2a. The expenses of the committee for the United States, provide modernization of (2) MODEL AIRCRAFT DEFINED.—For pur- the period March 1, 2011, through September the air traffic control system, reauthorize poses of this subsection, the term ‘‘model 30, 2011, under this resolution shall not ex- the Federal Aviation Administration, and for aircraft’’ means a nonhuman-carrying (un- ceed $4,249,113 of which amount (1) not to ex- other purposes; which was ordered to lie on manned) radio-controlled aircraft capable of ceed $37,917 may be expended for the procure- the table. sustained flight in the atmosphere, navi- ment of the services of individual consult- SA 87. Mr. BEGICH (for himself and Ms. gating the airspace and flown within visual ants, or organizations thereof (as authorized MURKOWSKI) submitted an amendment in- line-of-sight of the operator for the exclusive by section 202(i) of the Legislative Reorga- tended to be proposed by him to the bill S. and intended use for sport, recreation, com- nization Act of 1946, as amended), and (2) not 223, supra; which was ordered to lie on the petition, or academic purposes. to exceed $1,167 may be expended for the table. training of the professional staff of such SA 88. Mr. McCAIN (for himself, Mr. KYL, SA 87. Mr. BEGICH (for himself and committee (under procedures specified by and Mr. ENSIGN) submitted an amendment Ms. MURKOWSKI) submitted an amend- section 202(j) of the Legislative Reorganiza- intended to be proposed by him to the bill S. ment intended to be proposed by him tion Act of 1946). 223, supra; which was ordered to lie on the to the bill S. 223, to modernize the air (b) For the period October 1, 2011, through table. SA 89. Ms. CANTWELL submitted an traffic control system, improve the September 30, 2012, expenses for the com- safety, reliability, and availability of mittee under this resolution shall not exceed amendment intended to be proposed by her $7,284,194, of which amount (1) not to exceed to the bill S. 223, supra; which was ordered to transportation by air in the United $65,000 may be expended for the procurement lie on the table. States, provide modernization of the of the services of individual consultants, or SA 90. Mr. REID of Nevada (for himself and air traffic control system, reauthorize organizations thereof (as authorized by sec- Mr. MCCONNELL) proposed an amendment to the Federal Aviation Administration, tion 202(i) of the Legislative Reorganization the bill H.R. 514, to extend expiring provi- and for other purposes; which was or- Act of 1946, as amended), and (2) not to ex- sions of the USA PATRIOT Improvement dered to lie on the table; as follows: and Reauthorization Act of 2005 and Intel- ceed $4,000 may be expended for the training Beginning on page 307, strike line 1 and all of the professional staff of such committee ligence Reform and Terrorism Prevention Act of 2004 relating to access to business that follows through page 310, line 10, and in- (under procedures specified by section 202(j) sert the following: of the Legislative Reorganization Act of records, individual terrorists as agents of SEC. 730. TRANSPORTATION OF COMPRESSED OX- 1946). foreign powers, and roving wiretaps until De- cember 8, 2011. YGEN AND OXIDIZING GASES WITHIN (c) For the period October 1, 2012, through ALASKA. SA 91. Mr. COBURN submitted an amend- February 28, 2013, expenses of the committee (a) AUTHORIZATION.—Subject to subsection under this resolution shall not exceed ment intended to be proposed by him to the (b), in circumstances in which it is impracti- $3,035,081, of which amount (1) not to exceed bill S. 223, to modernize the air traffic con- cable to transport compressed oxygen and $27,083 may be expended for the procurement trol system, improve the safety, reliability, other oxidizing gases within the State of of the services of individual consultants, or and availability of transportation by air in Alaska through transportation modes other organizations thereof (as authorized by sec- the United States, provide modernization of than by aircraft, the transport of such gases tion 202(i) of the Legislative Reorganization the air traffic control system, reauthorize within Alaska shall not be subject to the re- Act of 1946, as amended), and (2) not to ex- the Federal Aviation Administration, and for quirements under— ceed $4,000 may be expended for the training other purposes; which was ordered to lie on (1) paragraphs (3), (4), and (5) of section of the professional staff of such committee the table. 173.302(f) of title 49, Code of Federal Regula- (under procedures specified by section 202(j) SA 92. Mr. REED of Rhode Island sub- tions; of the Legislative Reorganization Act of mitted an amendment intended to be pro- (2) paragraphs (3), (4), and (5) of section 1946). posed by him to the bill S. 223, supra; which 173.304(f) of such title; and SEC. 3. The committee shall report its find- was ordered to lie on the table. (3) appendices D and E of part 178 of such SA 93. Mrs. HUTCHISON proposed an ings, together with such recommendations title. for legislation as it deems advisable, to the amendment to amendment SA 7 proposed by (b) LIMITATION ON CYLINDER SIZE.—The reg- Senate at the earliest practicable date, but Mr. INHOFE to the bill S. 223, supra. ulatory exemptions set forth in subsection not later than February 28, 2013. SA 94. Mrs. BOXER (for herself and Ms. (a) shall not apply to the transport of indi- SEC. 4. Expenses of the committee under SNOWE) submitted an amendment intended vidual cylinders of compressed oxygen or this resolution shall be paid from the contin- to be proposed by her to the bill S. 223, supra; other oxidizing gases with a capacity greater gent fund of the Senate upon vouchers ap- which was ordered to lie on the table. than 281 cubic feet unless such transport proved by the chairman of the committee, f takes place on cargo only aircraft. except that vouchers shall not be required (1) for the disbursement of salaries of employees TEXT OF AMENDMENTS SA 88. Mr. MCCAIN (for himself, Mr. paid at an annual rate, or (2) for the pay- SA 86. Mr. INHOFE submitted an KYL, and Mr. ENSIGN) submitted an ment of telecommunications provided by the amendment intended to be proposed by amendment intended to be proposed by Office of the Sergeant at Arms and Door- keeper, United States Senate, or (3) for the him to the bill S. 223, to modernize the him to the bill S. 223, to modernize the payment of stationery supplies purchased air traffic control system, improve the air traffic control system, improve the through the Keeper of the Stationery, United safety, reliability, and availability of safety, reliability, and availability of States Senate, or (4) for payments to the transportation by air in the United transportation by air in the United

VerDate Mar 15 2010 02:53 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.046 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE S760 CONGRESSIONAL RECORD — SENATE February 15, 2011 States, provide modernization of the SEC. ll. ADS-B OVERSIGHT. ance requirements and analyzing, approving, air traffic control system, reauthorize (a) COST BENEFIT ANALYSIS.— and managing requirements changes, con- the Federal Aviation Administration, (1) IN GENERAL.—The Administrator of the tract modifications, and change orders; and Federal Aviation Administration shall con- and for other purposes; which was or- (E) address specifically the question of tract with an independent third party to whether the Administration can better lever- dered to lie on the table; as follows: conduct an updated cost benefit analysis of age acquisitions oversight and management At the end of title VII, add the following: acquisition approaches for the Automatic expertise from other agencies within the SEC. 733. DETERMINATIONS WITH RESPECT TO Dependent Surveillance-Broadcast program Federal government. SUBSTANTIAL RESTORATION OF (referred to in this section as the ADS-B pro- (2) DOTIG REVIEW.—The Department of NATURAL QUIET AND EXPERIENCE gram). Transportation’s Inspector General shall IN GRAND CANYON NATIONAL PARK. (2) PARAMETERS.—The analysis must in- conduct a review of the plan submitted under (a) IN GENERAL.—Notwithstanding any clude a comparison of the service-based con- paragraph (1). other provision of law, for purposes of sec- tract approach with more traditional acqui- (3) RESTRICTIONS.—Until the requirements tion 3(b)(1) of Public Law 100–91 (16 U.S.C. 1a– sition approaches, both for the entire con- of paragraph (1) have been fulfilled, the Ad- 1 note), the substantial restoration of the tract and for each individual phase of the ministrator shall not execute any additional natural quiet and experience of the Grand program. contracts, contract changes, requirements Canyon National Park (in this subsection re- (3) INDEPENDENCE.—The independent third changes, task orders, or work orders for the ferred to as the ‘‘Park’’) shall be considered party selected to conduct the analysis may ADS-B Program whose value exceeds to be achieved in the Park if, for at least 75 not have a financial interest in the ADS-B $1,000,000. This restriction shall not apply to percent of each day, 50 percent of the Park is program, and may not have any significant a specific contract, contract change, require- free of sound produced by commercial air financial ties with either the contractor or ments change, task order, or work order if tour operations that have an allocation to subcontractors involved with the program. the Administrator certifies to Congress in conduct commercial air tours in the Park as (4) REVIEW BY DOTIG.—The Department of writing and with explanation that a delay in of the date of the enactment of this Act. Transportation Inspector General shall con- execution of that specific action would be (b) CONSIDERATIONS.— duct a review of the final Cost Benefit Anal- harmful and not in the best interest of the (1) IN GENERAL.—For purposes of deter- ysis. Federal government. mining whether substantial restoration of (5) REPORT.—The final analysis and accom- (4) TECHNICAL REQUIREMENTS.—The Admin- the natural quiet and experience of the Park panying Inspector General review shall be istration shall maintain the technical au- has been achieved in accordance with sub- provided to the appropriate Congressional thority to establish, approve, and maintain section (a), the Secretary of the Interior (in Committees. technical requirements for the ADS-B pro- this section referred to as the ‘‘Secretary’’) (6) RESTRICTIONS.—Until the requirements gram. shall use— of this subsection have been fulfilled, the Ad- (5) SELF-CERTIFICATION PROHIBITED.—All (A) the 2–zone system for the Park in effect ministrator may not exercise any additional certifications for capability and performance on the date of the enactment of this Act to contract options for the ADS-B Program. of ADS-B systems shall be conducted by the assess impacts relating to subsectional res- This restriction shall not apply to execution Administration. Self-certification by a con- toration of natural quiet at the Park, includ- of a specific contract option if the Adminis- tractor or subcontractor is not allowed. ing— trator certifies to Congress in writing and (i) the thresholds for noticeability and au- with explanation that a delay in exercising (d) CONTRACT REVIEW.—Within 270 days dibility; and the option would be harmful and not in the after the date of enactment of this Act, the (ii) the distribution of land between the 2 best interest of the Federal government. Comptroller General shall conduct an audit zones; and (b) PERFORMANCE AND FINANCIAL AUDIT.— and review of the ADS-B contracts, and issue (B) noise modeling science that is— Within 270 days after the date of enactment a report to Congress which, at a minimum, (i) developed for use at the Park, specifi- of this Act, the Department of Transpor- identifies and analyzes— cally Integrated Noise Model Version 6.2; tation Inspector General shall conduct a per- (1) any terms and structural features of the (ii) validated by reasonable standards for formance and financial audit of the ADS-B contract that may put the Federal govern- conducting field observations of model re- program and issue a report on the audit’s ment at a financial, legal, technical, or nego- sults; and findings. At a minimum, the audit and re- tiating disadvantage, both during contract (iii) accepted and validated by the Federal port shall— execution and throughout the life-cycle of Interagency Committee on Aviation Noise. (1) identify all cost overruns that have oc- the ADS-B system; curred or are highly likely to occur; (2) SOUND FROM OTHER SOURCES.—The Sec- (2) specific risks and management chal- retary shall not consider sound produced by (2) review the factors used by the Adminis- lenges that can be expected to arise from sources other than commercial air tour oper- tration to measure contractor performance; specific contract terms or from the overall ations, including sound emitted by other (3) identify all incentive fees, award fees, contract and acquisition structure; types of aircraft operations or other noise and other financial performance rewards (3) unclear performance and contract resources, for purposes of— that have been awarded to the contractor, quirements that may increase costs, risks, (A) making recommendations, developing a including the specific performance merits and the probability of inadequate system final plan, or issuing regulations relating to upon which those financial rewards were performance; commercial air tour operations in the Park; granted; (4) the procedures that Administration and or (4) identify all requirements changes, con- the contractor used to write the contract, in- (B) determining under subsection (a) tract modifications, and change orders, including who was tasked with both writing whether substantial restoration of the nat- cluding the costs of such changes and the ex- and reviewing contract language; ural quiet and experience of the Park has tent to which each change was subject to re- (5) contract terms or structures that may been achieved. view to identify, analyze, and document the prevent or discourage financial trans- associated needs, risks, costs, and benefits; (c) CONTINUED MONITORING.—The Secretary parency; shall continue monitoring noise from air- and (6) benefits, risks, management challenges, craft operating over the Park below 17,999 (5) make specific recommendations that and potential conflicts of interest associated feet MSL to ensure continued compliance would allow the Administration to more ac- with allowing the contractor to sell value with the substantial restoration of natural curately track both capital and operating added services, including recommendations quiet and experience in the Park. costs and ensure timely and accurate disclo- for how to protect the public interest under sure of cost overruns. (d) DAY DEFINED.—For purposes of this sec- such an arrangement; (c) ACQUISITION MANAGEMENT AND OVER- tion, the term ‘‘day’’ means the hours be- (7) risks associated with utilizing a per- SIGHT.— tween 7:00 a.m. and 7:00 p.m. formance-based contract for the ADS-B pro- (1) PLAN.—The Administrator shall develop gram; and and submit to Congress an acquisition man- Ms. CANTWELL submitted an (8) the short and long term advantages, SA 89. agement and oversight plan for the ADS-B disadvantages, and risks of— amendment intended to be proposed by program. The plan shall— (A) utilizing a cost plus incentive fee struc- her to the bill S. 223, to modernize the (A) contain an assessment of current Ad- ture for development of the ADS-B ground air traffic control system, improve the ministration acquisition, management, over- system; and safety; reliability, and availability of sight, and contracting resources and capa- (B) Ownership of the ground systems by bilities devoted to the ADS-B program; transportation by air in the United the contractor instead of the Administra- (B) identify actions that the Administra- States, provide modernization of the tion. air traffic control system, reauthorize tion will take to improve its acquisition the Federal Aviation Administration, management and oversight of the ADS-B program; SA 90. Mr. REID of Nevada (for him- and for other purposes; which was or- (C) include staffing predictions, human dered to lie on the table; as follows: capital needs, and training needs; self and Mr. MCCONNELL) proposed an At the appropriate place insert the fol- (D) identify specific processes and proce- amendment to the bill H.R. 514, to ex- lowing: dures for developing clear contract perform- tend expiring provisions of the USA

VerDate Mar 15 2010 03:40 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A15FE6.050 S15FEPT1 sroberts on DSKG8SOYB1PROD with SENATE February 15, 2011 CONGRESSIONAL RECORD — SENATE S761 PATRIOT Improvement and Reauthor- issue a letter of intent under such section preference to carriers offering significant do- ization Act of 2005 and Intelligence Re- that covers 80 percent of the Government’s mestic network benefits within the perim- form and Terrorism Prevention Act of share of allowable project costs for the eter described in section 49109. 2004 relating to access to business project if— ‘‘(C) USE.—Only a limited incumbent air (1) the project is conducted in a State that carrier or new entrant air carrier may use an records, individual terrorists as agents had an average monthly unemployment rate additional exemption granted under this sub- of foreign powers, and roving wiretaps on the day before the date of the enactment section to provide service between Ronald until December 8, 2011; as follows: of this Act that was in the highest quartile Reagan Washington National Airport and an Strike all after the enacting clause and in- of average monthly unemployment rates for airport located within the perimeter desert the following: States; scribed in section 49109. SECTION 1. SHORT TITLE. (2) the record of decision for the project is ‘‘(3) IMPROVED NETWORK SLOTS.—If an in- This Act may be cited as the ‘‘FISA Sun- issued in calendar year 2011; and cumbent air carrier (other than a limited in- sets Extension Act of 2011’’. (3) all other requirements under section cumbent air carrier) that uses a slot for serv- SEC. 2. EXTENSION OF SUNSETS OF PROVISIONS 47110 of such title are satisfied. ice between Ronald Reagan Washington Na- RELATING TO ACCESS TO BUSINESS tional Airport and a large hub airport lo- RECORDS, INDIVIDUAL TERRORISTS S 93. Mrs. HUTCHISON proposed an cated within the perimeter described in sec- AS AGENTS OF FOREIGN POWERS, amendment to amendment SA 7 pro- tion 49109 is granted an additional exemption AND ROVING WIRETAPS. posed by Mr. INHOFE to the bill S. 223, under this subsection, it shall, upon receiv- (a) USA PATRIOT IMPROVEMENT AND RE- to modernize the air traffic control ing the additional exemption, discontinue AUTHORIZATION ACT OF 2005.—Section 102(b)(1) the use of that slot for such within-perim- of the USA PATRIOT Improvement and Re- system, improve the safety, reliability, and availability of transportation by eter service and operate, in place of such authorization Act of 2005 (Public Law 109–177; service, service between Ronald Reagan 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 air in the United States, provide modernization of the air traffic control sys- Washington National Airport and an airport U.S.C. 1862 note) is amended by striking located beyond the perimeter described in ‘‘February 28, 2011’’ and inserting ‘‘May 27, tem, reauthorize the Federal Aviation section 49109. 2011’’. Administration, and for other pur- ‘‘(4) CONDITIONS.—Beyond-perimeter flight (b) INTELLIGENCE REFORM AND TERRORISM poses; as follows: operations carried out by an air carrier using PREVENTION ACT OF 2004.—Section 6001(b)(1) an exemption granted under this subsection of the Intelligence Reform and Terrorism Strike all after the word ‘‘sec’’ and add the shall be subject to the following conditions: Prevention Act of 2004 (Public Law 108–458; following: ‘‘(A) An air carrier may not operate a 118 Stat. 3742; 50 U.S.C. 1801 note) is amended . ll. RONALD REAGAN WASHINGTON NATIONAL multi-aisle or widebody aircraft in con- by striking ‘‘February 28, 2011’’ and inserting AIRPORT SLOTS. ducting such operations. ‘‘May 27, 2011’’. (a) INCREASE IN NUMBER OF SLOT EXEMP- TIONS.—Section 41718 is amended by adding ‘‘(B) An air carrier granted an exemption SA 91. Mr. COBURN submitted an at the end thereof the following: under this subsection is prohibited from sell- ‘‘(g) ADDITIONAL SLOTS.— ing, trading, leasing, or otherwise transfer- amendment intended to be proposed by ‘‘(1) INITIAL INCREASE IN EXEMPTIONS.— ring the rights to its beyond-perimeter ex- him to the bill S. 223, to modernize the Within 95 days after the date of enactment of emptions, except through an air carrier air traffic control system, improve the the FAA Air Transportation Modernization merger or acquisition. safety, reliability, and availability of and Safety Improvement Act, the Secretary ‘‘(5) OPERATIONS DEADLINE.—An air carrier transportation by air in the United shall grant, by order, 24 slot exemptions granted a slot exemption under this sub- States, provide modernization of the from the application of sections 49104(a)(5), section shall commence operations using air traffic control system, reauthorize 49109, 49111(e), and 41714 of this title to air that slot within 60 days after the date on the Federal Aviation Administration, carriers to operate limited frequencies and which the exemption was granted. aircraft on routes between Ronald Reagan ‘‘(6) IMPACT STUDY.—Within 17 months and for other purposes; which was or- Washington National Airport and airports after granting the additional exemptions au- dered to lie on the table; as follows: located beyond the perimeter described in thorized by paragraph (1) the Secretary shall Strike section 207 and insert the following: section 49109 or, as provided in paragraph complete a study of the direct effects of the SEC. 207. FEDERAL SHARE OF AIRPORT IM- (2)(C), airports located within that perim- additional exemptions, including the extent PROVEMENT PROJECT COSTS FOR eter, and exemptions from the requirements to which the additional exemptions have— NON-PRIMARY AIRPORTS. of subparts K and S of part 93, Code of Fed- ‘‘(A) caused congestion problems at the Notwithstanding section 47109(a) of title 49, eral Regulations, if the Secretary finds that airport; United States Code, section 47109(e) of such the exemptions will— ‘‘(B) had a negative effect on the financial title (as added by section 204(a)(2) of this ‘‘(A) provide air transportation with do- condition of the Metropolitan Washington Act), or any other provision of law, the mestic network benefits in areas beyond the Airports Authority; United States Government’s share of allow- perimeter described in section 49109; ‘‘(C) affected the environment in the area able project costs for a grant made under ‘‘(B) increase competition in multiple mar- surrounding the airport; and chapter 471 of title 49, United States Code, kets; ‘‘(D) resulted in meaningful loss of service for an airport improvement project for an ‘‘(C) not reduce travel options for commu- to small and medium markets within the pe- airport that is not a primary airport is— nities served by small hub airports and me- rimeter described in section 49109. (1) for fiscal year 2012, 85 percent; dium hub airports within the perimeter de- ‘‘(7) ADDITIONAL EXEMPTIONS.— (2) for fiscal year 2013, 80 percent; and scribed in section 49109; ‘‘(A) DETERMINATION.—The Secretary shall (3) for fiscal year 2014, 75 percent. ‘‘(D) not result in meaningfully increased determine, on the basis of the study required travel delays; by paragraph (6), whether— SA 92. Mr. REED of Rhode Island sub- ‘‘(E) enhance options for nonstop travel to ‘‘(i) the additional exemptions authorized mitted an amendment intended to be and from the beyond-perimeter airports that by paragraph (1) have had a substantial neg- proposed by him to the bill S. 223, to will be served as a result of those exemp- ative effect on Ronald Reagan Washington modernize the air traffic control sys- tions; National Airport, Washington Dulles Inter- tem, improve the safety, reliability, ‘‘(F) have a positive impact on the overall national Airport, or Baltimore/Washington and availability of transportation by level of competition in the markets that will Thurgood Marshall International Airport; air in the United States, provide mod- be served as a result of those exemptions; and ernization of the air traffic control sys- and ‘‘(ii) the granting of additional exemptions ‘‘(G) produce public benefits, including the under this paragraph may, or may not, rea- tem, reauthorize the Federal Aviation likelihood that the service to airports lo- sonably be expected to have a substantial Administration, and for other pur- cated beyond the perimeter described in sec- negative effect on any of those airports. poses; which was ordered to lie on the tion 49109 will result in lower fares, higher ‘‘(B) AUTHORITY TO GRANT ADDITIONAL EX- table; as follows: capacity, and a variety of service options. EMPTIONS.—Beginning 6 months after the On page 54, between lines 3 and 4, insert ‘‘(2) NEW ENTRANTS AND LIMITED INCUM- date on which the impact study is concluded, the following: BENTS.— the Secretary may grant up to 8 slot exemp- SEC. 224. ISSUANCE OF LETTERS OF INTENT FOR ‘‘(A) DISTRIBUTION.—Of the exemptions tions to incumbent air carriers, in addition AIRPORT IMPROVEMENT PROJECTS made available under paragraph (1), the Sec- to those granted under paragraph (1) of this IN STATES WITH HIGH RATES OF UN- retary shall make 10 available to limited in- subsection, if the Secretary determines EMPLOYMENT. cumbent air carriers or new entrant air car- that— Upon request of a sponsor for a letter of in- riers and 14 available to other incumbent air ‘‘(i) the additional exemptions authorized tent under section 47110(e) of title 49, United carriers. by paragraph (1) have not had a substantial States Code, relating to an airport develop- ‘‘(B) NETWORK CONNECTIVITY.—In allocating negative effect on any of those airports; and ment project at a primary or reliever air- exemptions to incumbent air carriers under ‘‘(ii) the granting of additional exemptions port, the Secretary of Transportation shall this paragraph, the Secretary shall afford a under this subparagraph may not reasonably

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be expected to have a negative effect on any This section shall become effective 1 day COMMITTEE ON HOMELAND SECURITY AND of those airports. after enactment. GOVERNMENTAL AFFAIRS ‘‘(C) NETWORK CONNECTIVITY.—In allocating Mr. ROCKEFELLER. Mr. President, I exemptions to incumbent air carriers under SA 94. Mrs. BOXER (for herself and ask unanimous consent that the Com- subparagraph (B), the Secretary shall afford Ms. SNOWE) submitted an amendment mittee on Homeland Security and Gov- a preference to carriers offering significant intended to be proposed by her to the domestic network benefits within the perim- ernmental Affairs be authorized to bill S. 223, to modernize the air traffic meet during the session of the Senate eter described in section 49109. control system, improve the safety, re- ‘‘(D) IMPROVED NETWORK SLOTS.—If an in- on February 15, 2011, at 10:30 a.m. to cumbent air carrier (other than a limited in- liability, and availability of transpor- conduct a hearing entitled ‘‘A Ticking cumbent air carrier) that uses a slot for serv- tation by air in the United States, pro- Time Bomb: Counterterrorism Lessons ice between Ronald Reagan Washington Na- vide modernization of the air traffic from the U.S. Government’s Failure to tional Airport and a large hub airport lo- control system, reauthorize the Fed- Prevent the Fort Hood Attack.’’ cated within the perimeter described in sec- eral Aviation Administration, and for The PRESIDING OFFICER. Without tion 49109 is granted an additional exemption other purposes; which was ordered to objection, it is so ordered. under subparagraph (B), it shall, upon receiv- lie on the table; as follows: ing the additional exemption, discontinue SELECT COMMITTEE ON INTELLIGENCE On page 128, between lines 2 and 3, insert the use of that slot for such within-perim- the following: Mr. ROCKEFELLER. Mr. President, I eter service and operate, in place of such ask unanimous consent that the Select service, service between Ronald Reagan SEC. 408. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE OF CHILD Committee on Intelligence be author- Washington National Airport and an airport SAFETY SEATS ON AIRCRAFT. ized to meet during the session of the located beyond the perimeter described in Not later than 180 days after the date of Senate on February 15, 2011 at 2:30 p.m. section 49109. the enactment of this Act, the Adminis- ‘‘(E) CONDITIONS.—Beyond-perimeter flight The PRESIDING OFFICER. Without trator of the Federal Aviation Administra- objection, it is so ordered. operations carried out by an air carrier using tion shall prescribe regulations requiring an exemption granted under subparagraph each air carrier operating under part 121 of SUBCOMMITTEE ON GREEN JOBS AND THE NEW (B) shall be subject to the following condi- title 14, Code of Federal Regulations, to post ECONOMY tions: on the website of the air carrier the max- Mr. ROCKEFELLER. Mr. President, I ‘‘(i) An air carrier may not operate a imum dimensions of a child safety seat that ask unanimous consent that the Sub- multi-aisle or widebody aircraft in con- can be used on each aircraft operated by the committee on Green Jobs and the New ducting such operations. air carrier to enable passengers to determine ‘‘(ii) An air carrier granted an exemption Economy be authorized to meet during which child safety seats can be used on those the session of the Senate on February under this subsection is prohibited from sell- aircraft. ing, trading, leasing, or otherwise transfer- 15, 2011, at 2:30 p.m. in SD–406. ring the rights to its beyond-perimeter ex- f The PRESIDING OFFICER. Without emptions, except through an air carrier AUTHORITY FOR COMMITTEES TO objection, it is so ordered. merger or acquisition. MEET ‘‘(F) ADDITIONAL EXEMPTIONS NOT PER- f MITTED.—The Secretary may not grant ex- COMMITTEE ON ARMED SERVICES emptions in addition to those authorized by Mr. ROCKEFELLER. Mr. President, I PRIVILEGES OF THE FLOOR paragraph (1) if the Secretary determines ask unanimous consent that the Com- Mr. FRANKEN. Mr. President, I ask that— mittee on Armed Services be author- ‘‘(i) the additional exemptions authorized unanimous consent that floor privi- ized to meet during the session of the leges be extended to my legislative fel- by paragraph (1) have had a substantial neg- Senate on February 15, 2011, at 9:30 ative effect on any of those airports; or low, Hannah Katch, for the duration of ‘‘(ii) the granting of additional exemptions a.m. consideration of the FAA bill, S. 223. The PRESIDING OFFICER. Without under subparagraph (B) of this paragraph The PRESIDING OFFICER. Without objection, it is so ordered. may reasonably be expected to have a sub- objection, it is so ordered. stantial negative effect on 1 or more of those COMMITTEE ON ENVIRONMENT AND PUBLIC airports. WORKS f ‘‘(h) SCHEDULING PRIORITY.—In admin- Mr. ROCKEFELLER. Mr. President, I istering this section, the Secretary shall af- ask unanimous consent that the Com- ORDERS FOR WEDNESDAY, ford a scheduling priority to operations conducted by new entrant air carriers and lim- mittee on Environment and Public FEBRUARY 16, 2011 ited incumbent air carriers over operations Works be authorized to meet during Mr. ROCKEFELLER. Mr. President, I conducted by other air carriers granted addi- the session of the Senate on February ask unanimous consent that when the tional slot exemptions under subsection (g) 15, 2011, in Dirksen 406 to hold a hear- Senate completes its business today, it for service to airports located beyond the pe- ing entitled, ‘‘Nomination of Daniel M. adjourn until 10 a.m. on Wednesday, rimeter described in section 49109.’’. Ashe to be Director of the U.S. Fish (b) HOURLY LIMITATION.—Section 41718(c)(2) February 16; that following the prayer is amended— and Wildlife Service.’’ and the pledge, the Journal of pro- (1) by striking ‘‘3 operations’’ and inserting The PRESIDING OFFICER. Without ceedings be approved to date, the ‘‘4 operations’’; and objection, it is so ordered. morning hour be deemed expired, and (2) by striking ‘‘subsections (a) and (b)’’ COMMITTEE ON FINANCE the time for the two leaders be re- and inserting ‘‘under this section’’. Mr. ROCKEFELLER. Mr. President, I served for their use later in the day; (c) LIMITED INCUMBENT DEFINITION.—Sec- ask unanimous consent that the Com- tion 41714(h)(5) is amended— that following any leader remarks, the (1) by inserting ‘‘not’’ after ‘‘shall’’ in sub- mittee on Finance be authorized to Senate proceed to a period of morning paragraph (B); meet during the session of the Senate business until 11 a.m., with Senators (2) by striking ‘‘and’’ after the semicolon on February 15, 2011, at 2:30 p.m., in 215 permitted to speak therein for up to 10 in subparagraph (B); Dirksen Senate Office Building, to con- minutes each, with the time equally di- (3) by striking ‘‘Administration.’’ in sub- duct a hearing entitled ‘‘The Presi- vided and controlled between the two paragraph (C) and inserting ‘‘Administra- dent’s Fiscal Year 2012 Budget Pro- leaders or their designees; finally, at 11 tion; and’’; and posal.’’ a.m., that the Senate resume consider- (4) by adding at the end the following: The PRESIDING OFFICER. Without ‘‘(D) for purposes of section 41718, an air ation of S. 223, the Federal Aviation carrier that holds only slot exemptions’’. objection, it is so ordered. Administration authorization bill. (d) REVENUES AND FEES AT THE METROPOLI- COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without TAN WASHINGTON AIRPORTS.—Section 49104(a) GOVERNMENTAL AFFAIRS objection, it is so ordered. is amended by striking paragraph (9) and in- Mr. ROCKEFELLER. Mr. President, I serting the following: ask unanimous consent that the Com- f ‘‘(9) Notwithstanding any other provision mittee on Homeland Security and Gov- of law, revenues derived at either of the Met- PROGRAM ropolitan Washington Airports, regardless of ernmental Affairs be authorized to source, may be used for operating and cap- meet during the session of the Senate Mr. ROCKEFELLER. Mr. President, ital expenses (including debt service, depre- on February 15, 2011, at 10 a.m. rollcall votes in relation to FAA ciation and amortization) at the other air- The PRESIDING OFFICER. Without amendments are expected to occur port.’’. objection, it is so ordered. throughout the day tomorrow.

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HONORING KATHARINE CARR Center—the old church. The evening of the voting on today represent Big Brother at its ESTERS dedication a benefit was held in Oprah’s honor creepiest and most invasive. They are a clear at the Coliseum where money was raised. The violation of the 4th Amendment’s ‘‘right of the HON. BENNIE G. THOMPSON proceeds were split. Half the money was given people to be secure in their persons, houses, OF MISSISSIPPI to the Buffalo Community Youth Center and papers, and effects, against unreasonable searches and seizures.’’ IN THE HOUSE OF REPRESENTATIVES half to the Kosciusko/Attala Cultural Center. After that Mrs. Esters refurbished the Buffalo Its been close to a decade now that we’ve Tuesday, February 15, 2011 Community Youth Center. lived under the PATRIOT Act. For close to a Mr. THOMPSON of Missisippi. Mr. Speaker, A history major in college she has a love for decade, we’ve been told that our individual I rise today to honor Mrs. Katharine Carr the past and people who survived hard times freedoms needed to take a backseat. For Esters. Mrs. Katharine Carr Esters, a devout with dignity and respect, especially family close to a decade, we’ve been told that our Christian and member of the Presbyterian members. So over the years she has bought civil liberties must be shredded in the name of Church since the age of seven years old, and had installed permanent signs at several a so-called war on terrorism. We’ve been told gives thanks to her Lord and Savior Jesus historical landmarks. She bought a sign for the that the national security imperatives of the Christ for her accomplishments, especially site at the old retired Black Presbyterian moment are so great—and so different than since returning home to Mississippi back in Church at Ethel where she was baptized, a any we’ve faced in our history—that we must 1972. sign at Alexander Memorial Presbyterian submit to roving wiretaps, that we must em- After retiring from the Veterans Administra- Church where she is a member that is on the power the government to obtain ‘‘any tangible tion in Milwaukee, Wisconsin, she wanted to ‘‘Tour Guide’’ in Kosciusko, and a sign for the thing’’ related to a terrorism investigation. ‘‘Any tangible thing’’—that gives the govern- start a small business, so in October of 1972 Carr Graveyard on #12 Highway near Ethel. ment pretty broad discretion to ferret out just she built a 12 x 15 concrete block grocery She also reactivated the abandoned Civil War about whatever it is that they want. It is an in- Era Cemetery and extended its entire perim- store on her parents’ land. She mixed the vitation to overreach and abuse. mortar and hauled it in a wheelbarrow herself. eter so that indigent people today can be bur- Meanwhile, it’s not at all clear that the PA- Her small enterprise was a success that en- ied there, and bought and placed 36 granite TRIOT Act has made us safer. I believe it has abled her to later add two gas pumps at the headstones for those buried there whose stifled freedom more than it has advanced it. store. She felt fortunate to get approval for graves had not been marked. She also bought There is a real incoherence to an approach gasoline on the gravel country road where she and lettered a 14-foot metal gate for the cem- that says we have to do violence to our values lived. Along with obtaining a license to sell etery. in order to protect them. Benjamin Franklin’s groceries she was also issued a beer license. But perhaps her best known accomplish- words are just as powerful today as they were Seeing the need for improving the standard ment is her memoir titled Jay Bird Creek and more than 200 years ago: ‘‘Any society that of living in her neighborhood, in 1975 she ap- My Recollections published in 2003 that told of would give up a little liberty to gain a little se- plied for community water from County Super- when Jim Crow was law in Mississippi. Her curity will deserve neither and lose both.’’ visors. They initially denied her, so she got an book has sold many copies and touched the I was impressed that so many members of easement for a waterline right-of-way from hearts of readers young and old. Also, in 2005 the majority, in particular those just elected, neighborhood property owners. With that she wrote the history of Plantation Missionary voted against this measure when it came up breakthrough she rented equipment and Baptist Church for the benefit of future mem- on the suspension calendar earlier this week. bought the pipe, then hired workers to lay the bers. I strongly urge them to do so again, and I waterline. Ford Motor Credit loaned her some She is a Life Member of the NAACP, a Life hope they will be joined by more of their Re- of the money. After completion, the County Member of the Attala County Cultural Center, publican colleagues who claim such a pas- Supervisors reassessed the taxes on all prop- a member of the Board of Directors of the sionate belief in modest government. Or do erty where her waterline was put down and Oprah Winfrey Boys & Girls Club, a member they want to be known as the party that be- that was how she got her area of the county of the Democratic Executive Committee, and lieves we should be tapping Americans’ road surfaced. an Elder at Alexander Memorial Presbyterian phones but not giving them affordable health A politician and staunch democrat, in 1976 Church. care? she became a Governor Cliff Finch Colonel In closing the interview she said, ‘‘I have I believe we must let these provisions ex- and placed on the Probation and Parole Board given too many scholarships to number, taken pire. And let’s not stop there. Let’s move to- for the State of Mississippi, replacing Dr. Les- high blood pressure medicine everyday for 60 ward a fuller debate about civil liberties and lie McLemore. Shortly afterwards she was re- years and taught Christian Education even national security, one that revises and ulti- appointed to the Board of Directors of the De- longer. From my dialysis chair I am still privi- mately repeals the PATRIOT Act once and for partment of Mental Health where she served leged to enjoy my family and friends and, all. This law is Constitutional graffiti. Patriotism two consecutive seven-year terms. Working most of all, I remain a grateful servant per- means affirming and celebrating the values hard on the Board, she is credited with the son.’’ that have given America its strength and vital- idea of the State building group homes for f ity for more than two centuries. A bill that vio- mentally challenged citizens so they can have lates several constitutional amendments has EXTENDING COUNTERTERRORISM no business calling itself the PATRIOT Act. some independence while not being totally on AUTHORITIES their own, helping to keep their dignity and hu- f manity intact. The first group home was built SPEECH OF PROVIDING FOR CONSIDERATION in Meridian and named the Katharine Carr OF HOUSE RESOLUTION 72, DI- Ray Esters Group Home and the group home HON. LYNN C. WOOLSEY OF CALIFORNIA RECTING COMMITTEES TO RE- in Kosciusko was also given her name in IN THE HOUSE OF REPRESENTATIVES VIEW REGULATIONS FROM FED- 2002. ERAL AGENCIES A relative of the rich and famous Miss Monday, February 14, 2011 Oprah Winfrey, in 1988 Mrs. Esters contacted Ms. WOOLSEY. Mr. Speaker, the new ma- SPEECH OF the Northern Highway Transportation Commis- jority in the House has told us that the deci- HON. MIKE THOMPSON sioner and persuaded him to name the road sions they make will be guided by two things. OF CALIFORNIA that passed the bend from Buffalo Methodist First, loyalty to the Constitution. And second, IN THE HOUSE OF REPRESENTATIVES Church near where Oprah was born the Oprah a belief that the government is too large and Winfrey Road. Miss Winfrey came home for too intrusive. Thursday, February 10, 2011 the celebration and the road was dedicated on Well, here is their chance to act on those Mr. THOMPSON of California. Mr. Speaker, the grounds of the Buffalo Community Youth principles. The PATRIOT Act provisions we’re today and tomorrow we are spending more

∑ 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.

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The people of Lake County know that we these activities he has guided the growth and She attended Rust College, and later Mis- are not creating jobs by telling committees to prosperity of Superior Farms to ensure that he sissippi Vocational College, now Mississippi do their jobs. recruited the brightest and best professional Valley State University, when it was little more The people in my district, who are waiting management talent available. than a dream in the eyes of its first president, on banks to call them back about their loan Mr. Oesterreich’s father worked for Armour Dr. James Herbert White. Attending Saturday modification applications, know that this de- Food Co. for 35 years and he learned a lot and summer sessions, she and her husband, bate will not help them keep their homes. about the meat business during his formative Sammie (vocational degree in printing), were There is real work to be done in Congress years in Brownsville, Texas, and Sterling, Illi- among the first graduating class of 1953. She and this is not it. nois. He started work in the slaughter facilities was the only sibling to graduate from college I think we can stipulate that there are regu- at age 16, then learned how to load trucks, and is one of only two surviving members of lations that are redundant and unnecessary. and was finally trained in meat cutting, all at the first Graduating Class of 1953 at Mis- I, for one, know that a regulation from Fed- Armour. He joined Superior Farms in 1981 as sissippi Vocational College in Itta Bena, Mis- eral Housing Finance Agency has shut down general manager of the Dixon, California, facil- sissippi. the incredibly successful Property Assessed ity and moved up the chain of management, After receiving her B.S. degree in elemen- Clean Energy (PACE) program. by dint of hard work, to become its CEO in tary education, Miss Welton taught in the PACE is an innovative program in my dis- 2004. Leflore County School System for over 42 trict, and districts across this country, that has Off the job, he has served as president of years. She taught elementary education, spe- created jobs, saved energy, and slashed the local fire district in Dixon; he is passionate cial education, and migrant education with an homeowners’ utility bills. about cars and horses; and he is a member emphasis on independent living, during her Spending 10 hours of debate on this mean- of the American Quarter Horse Association. career. She has attended numerous training ingless resolution is not going to reinstate the As Mr. Oesterreich moves into retirement, programs at universities around the country PACE program. he leaves behind an incredible legacy to be and received certificates in many academic It is not going to bring back the jobs for the continued by the professionals that he has re- areas related to teaching. people who installed residential solar panels cruited to Superior Farms. Men like Mr. Miss Welton has also been active in her and weatherized houses under PACE. Oesterreich make the United States of Amer- community and church where she has lived for This resolution is a lot of talk and no action. ica a wonderful place to live. Congratulations, the last 89 years. She was a member of the Committees have oversight responsibilities; Les Oesterreich! church choir, Sunday School teacher, Home it would be a much better use of our time to f Mission Society, and still serves as a Mother have simply scheduled 10 hours of Committee of the church. Miss Welton has been a mem- hearings on the matter. HONORING LOU ELLA ROBINSON- ber of the Goodwill Industrial Club, which she f WELTON co-founded (a group of women who assisted needy families), The Cancer Network Control, A TRIBUTE TO LES OESTERREICH, HON. BENNIE G. THOMPSON Leflore County Homemakers, and the Mis- ON THE OCCASION OF HIS RE- OF MISSISSIPPI sissippi Education Association. TIREMENT IN THE HOUSE OF REPRESENTATIVES Her other activities have included selling a Tuesday, February 15, 2011 variety of commodities in the community that HON. DANIEL E. LUNGREN included: Avon, Shaklee, Sarah Coventry, OF CALIFORNIA Mr. THOMPSON of Mississippi. Mr. Speak- World Book Encyclopedia and Sewing for any- IN THE HOUSE OF REPRESENTATIVES er, I rise today to honor Lou Ella Robinson- one who wanted something special. She made Welton. Ms. Welton was born to the late Rev- Tuesday, February 15, 2011 costumes for many years for the sororities and erend John D. (Doc) Robinson, a Baptist Min- fraternities at Mississippi Valley State Univer- Mr. DANIEL E. LUNGREN of California. Mr. ister, and Ella Jones-Robinson, a homemaker, sity. Speaker, I rise today to honor Les on April 10, 1921, in Itta Bena, Mississippi. She worked part-time at the Roses Depart- Oesterreich, a resident of Dixon, California, a She was the youngest of six and is the only ment Store and the Spotless Cleaners in Itta man respected as an American, a husband to surviving member. Her siblings were Russell, Bena, Mississippi. She has mentored numer- Pat Oesterreich, a father to their combined Frank, Arie, and Seavon and Cleavon (twins). ous students who still call and come by to seven daughters, and a grandfather. Perhaps She was married to Sammie Lee Welton Sen- maintain the friendships that were garnered more germane to this moment is his position ior, also from Itta Bena, Mississippi, for 41 many years ago. She has a good memory and as chairman emeritus of Superior Farms, the years until his death in 1986. Sammie Sr. was likes to talk about the good old days to former largest harvester and processor of lamb in the a World War II Disabled Veteran, a Purple students, family and friends. Miss Welton re- United States. Under his leadership, the com- Heart Recipient, a Radio Technician, Printer, mains active by attending local functions, pany has grown from having a single plant in and Retired Mississippi Valley State University Adult Day Care, talking on the telephone, and Dixon, California, to having plants in Denver, Laundry Technician. They have 5 children: keeping abreast of current events through the Colorado, Boston, Massachusetts, Hawarden, Vernola, Arie Lue, Sammie Jr., Joyce, and newspaper and television. Iowa, and Blue Island, Illinois, with contractual Wanda, all graduates of Mississippi Valley f arrangements in Australia as well. Today, Su- State University. Lou Ella has 12 grand- perior Farms employs 494 employees and op- children, 19 great grandchildren and one IN HONOR OF ANN SOLDO erates under an Employee Stock Ownership great-great grandchild. Plan (ESOP), so that every employee has a Lou Ella Robinson Welton is an educator, HON. SAM FARR stake in the company’s bottom line. community activist, and for 42 years, was a OF CALIFORNIA As CEO of Superior Farms, Mr. Oesterreich full-time teacher to generations of students in IN THE HOUSE OF REPRESENTATIVES skillfully guided the company by working with and around Leflore County, and is affection- other industry organizations. He was honored ately known throughout her community as Tuesday, February 15, 2011 in 2008 by the American Sheep Industry Asso- ‘‘Miss Welton.’’ Miss Welton began her career Mr. FARR. Mr. Speaker, I rise today to ciation with its Camptender Award. He served as a teacher/educator when she graduated honor the life of Ann Soldo, a generous com- several terms as a director of the National high school, taking her first teaching job when munity leader in California’s Pajaro Valley and Meat Association, and as chair of its Small she was 18. Public schools for African Ameri- the first female mayor of Watsonville, Cali- Stock Committee. He was recognized by the cans in the early 1900s were rare, so her fam- fornia. Ann passed away at the age of 90 on United States Department of Agriculture for his ily sent her to private boarding schools. She January 24, 2011. She was an admired teach- work with the Agricultural Marketing Service was the first in her family to complete high er that taught from the heart and touched the on the implementation of fair standards for school and the only one to graduate college. lives of thousands in the Pajaro Valley. lamb grading. He served on the Advisory She began her education in Humphreys Born in Watsonville, California, on May 27, Committee for the Animal Science Department County but the family moved back to Leflore 1920, Ann received a bachelor’s degree from

VerDate Mar 15 2010 05:11 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.003 E15FEPT1 pwalker on DSKD5P82C1PROD with REMARKS February 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E227 San Jose State University in 1942, before get- Bob Phelps Fire Administration Building. He Even if improvements were made to the ting her Master’s degree from Stanford Univer- also helped to set up the construction docu- visa lottery program, nothing would prevent sity in 1954. From there, Ann began her 40- ments for new Fire Station No. 1. Additionally terrorist organizations or foreign intelligence year career as an educator on California’s he has supervised the implementation of a agencies from planting members in the U.S. Central Coast. In addition to teaching, Ann mass casualty incident task force, the devel- by having those members apply for the pro- furthered her contribution to education through opment of an emergency management plan, gram. As long as those individuals do not her role as principal at several schools includ- initiation of the Citizens Fire Academy, and the have previous criminal backgrounds, these ing Aptos Junior High, where she was the first beginning of the paramedic engine program. types of organized efforts would never be de- female principal. She retired from the Pajaro Other achievements for the department in- tected, even if significant background checks Valley Unified School District in 1978. In 1999, clude receiving a Class 2 ISO rating, recogni- and counter-fraud measures were enacted Ann M. Soldo Elementary School was named tion for maintaining an outstanding cardiac within the program. in her honor. save rate, and the maintenance of extremely Usually, immigrant visas are issued to for- Ann was the epitome of public service in the low annual fire losses through innovative fire eign nationals that have existing connections Pajaro Valley. She became involved with her prevention programs. with family members lawfully residing in the local government in 1979, when she was Beyond his work at the Fire Department, United States or with U.S. employers. These elected to the Watsonville City Council and Chief King is active in his community. A Bap- types of relationships help ensure that immi- appointed as Vice-Mayor. From 1983 to 1987, tist deacon for over 30 years, Chief King has grants entering our country have a stake in Ann served as the first female mayor of held several leadership roles in First Baptist continuing America’s success and have need- Watsonville. Moreover, she volunteered for nu- Carrollton, his home church. He is also a ed skills to contribute to our Nation’s econ- merous community organizations, including former Chaplain for Dallas North Gideons omy. However, under the visa lottery program, the Salvation Army, YWCA, and the Pajaro International and currently holds the position visas are awarded to immigrants at random Valley Historical Association. After the 1989 of Membership Chair. Additionally, he mentors without meeting such criteria. Loma Prieta Earthquake, she co-chaired the middle school students through the Carrollton- In addition, the visa lottery program is unfair fundraising drive to rebuild a local church and Farmers Branch Independent School District. to immigrants who comply with the United construction of the Henry Mello Center for the On behalf of the 24th Congressional District States’ immigration laws. The visa lottery pro- Performing Arts. of Texas, I would like to thank Chief King for gram does not expressly prohibit illegal aliens Mr. Speaker, Ann Soldo was an inspiring his exceptional career and community service from applying to receive visas through the pro- leader to so many, a woman who dedicated contributions to the greater north Texas area. gram. Thus, the program treats foreign nation- herself to bettering her community. Ann was Because of his leadership and expertise, thou- als that comply with our laws the same as proud of her Croatian heritage and took com- sands of residents in Farmers Branch receive those that blatantly violate our laws. In addi- fort in calling the Pajaro Valley home. She vital services each year. I ask all my distin- tion, most family-sponsored immigrants cur- was preceded in death by her husband An- guished colleagues to join me in recognizing rently face a wait of years to obtain visas, yet Chief King for his lifetime of community serv- drew Soldo and is survived by her sister the lottery program pushes 50,000 random im- ice. Grace Leavitt of Newport Beach, California migrants with no particular family ties, job and stepdaughter Mary Ann Jurchan of Colo- f skills or education ahead of these family and rado. I know that I speak for the whole House INTRODUCTION OF THE ‘‘SECURITY employer-sponsored immigrants each year in mourning the passing of this dedicated and AND FAIRNESS ENHANCEMENT with relatively no wait. This sends the wrong loving woman. Her life was a gift to her com- (SAFE) FOR AMERICA ACT’’ message to those who wish to enter our great munity. country and to the international community as f HON. BOB GOODLATTE a whole. Furthermore, the visa lottery program is OF VIRGINIA IN HONOR OF FIRE CHIEF KYLE D. wrought with fraud. A report released by the IN THE HOUSE OF REPRESENTATIVES KING FOR A LIFETIME OF COM- Center for Immigration Studies states that it is MUNITY SERVICE Tuesday, February 15, 2011 commonplace for foreign nationals to apply for Mr. GOODLATTE. Mr. Speaker, I rise today the lottery program multiple times using many HON. KENNY MARCHANT to introduce the bipartisan ‘‘Security and Fair- different aliases. In addition, the visa lottery OF TEXAS ness Enhancement (SAFE) for America Act.’’ program has spawned a cottage industry fea- IN THE HOUSE OF REPRESENTATIVES This much-needed legislation eliminates the turing sponsors in the U.S. who falsely prom- controversial visa lottery program, through ise success to applicants in exchange for Tuesday, February 15, 2011 which 50,000 aliens are chosen at random to large sums of money. Ill-informed foreign na- Mr. MARCHANT. Mr. Speaker, I rise today come and live permanently in the United tionals are willing to pay top dollar for the to recognize Fire Chief Kyle D. King for his States based on pure luck. The visa lottery ‘‘guarantee’’ of lawful permanent resident sta- commitment to community service in Farmers program threatens national security, results in tus in the U.S. Branch, Texas. Chief King retired from the the unfair administration of our Nation’s immi- The State Department’s Office of Inspector City of Farmers Branch on December 31, gration laws, and encourages a cottage indus- General confirms these allegations of wide- 2010, after completing 35 years of service. try for fraudulent opportunists. spread fraud in a September 2003 report. Chief King was born in Carnegie, Okla- Because winners of the visa lottery are cho- Specifically, the report states that the visa lot- homa, attended Southwestern State Univer- sen at random, the visa lottery program pre- tery program is ‘‘subject to widespread abuse’’ sity, and graduated from Oklahoma State Uni- sents a serious national security threat. A per- and that ‘‘identity fraud is endemic, and fraud- versity. After moving to Texas, he began his fect example of the system gone awry is the ulent documents are commonplace.’’ Further- employment with the City of Farmers Branch case of Hesham Mohamed Ali Hedayet, the more, the report also reveals that the State as a Fire Inspector on January 1, 1976. He Egyptian national who killed two and wounded Department found that 364,000 duplicate ap- rose quickly, and was promoted to Fire Pro- three during a shooting spree at Los Angeles plications were detected in the 2003 visa lot- tection Safety Technician in 1979, Fire Mar- International Airport in July of 2002. He was tery alone. shal in 1981, Chief Training Officer in 1985, allowed to apply for lawful permanent resident In addition, the visa lottery program is by its and Fire Chief in 1991. status in 1997 because of his wife’s status as very nature discriminatory. The complex for- As Fire Chief, Mr. King held certifications as a visa lottery winner. mula for assigning visas under the program an Instructor, Master Fire Inspector, Master The State Department’s Inspector General arbitrarily disqualifies natives from countries Fire Fighter, Master Fire Investigator, and has even weighed in on the national security that send more than 50,000 immigrants to the Master Peace Officer. He was a member of threat posed by the visa lottery program. Dur- U.S. within a five-year period, which excludes the Texas and International Fire Chiefs Asso- ing testimony before the House Committee on nationals from countries such as Brazil, Can- ciation and is past President of the Dallas the Judiciary, the Office of Inspector General ada, India, the Philippines and others. County Fire Chiefs Association. He has most stated that the Office ‘‘continues to believe The visa lottery program represents what is recently served as Texas State Vice President that the diversity visa program contains signifi- wrong with our country’s immigration system. of the Southwestern Fire Chiefs Association. cant risks to national security from hostile in- My legislation would eliminate the visa lottery Chief King has overseen the construction of telligence officers, criminals, and terrorists at- program. The removal of this controversial several fire department buildings, including the tempting to use the program for entry into the program will help ensure our Nation’s security, Farmers Branch Fire Station No. 3 and the United States as permanent residents.’’ make the administration of our immigration

VerDate Mar 15 2010 05:11 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K15FE8.001 E15FEPT1 pwalker on DSKD5P82C1PROD with REMARKS E228 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2011 laws more consistent and fair, and help re- PERSONAL EXPLANATION Education Personnel Association, Past Presi- duce immigration fraud and opportunism. dent of the Third District, City and local Fed- HON. KAREN BASS eration of Colored Women Clubs Inc., An ac- f OF CALIFORNIA tive Silver Star of Kappa Alpha Omega Chap- IN THE HOUSE OF REPRESENTATIVES ter of Alpha Kappa Alpha Sorority (AKA), Past HONORING FANNIE M. WHITE President of the Cotillion Federation of Col- Tuesday, February 15, 2011 ored Women’ Club, Board member of the Sal- HON. BENNIE G. THOMPSON Ms. BASS of California. Mr. Speaker, on vation Army, originator and sponsor of orphan OF MISSISSIPPI rollcall No. 36, had I been present, I would residents of local nursing homes. She is an have voted ‘‘no.’’ active life and local member of Mississippi IN THE HOUSE OF REPRESENTATIVES f Valley State University Alumni Chapter and Tuesday, February 15, 2011 she has served on the United Way and Girl HONORING JESSIE PEARL WATT Scout Boards. Mr. THOMPSON of Mississippi. Mr. Speak- STEWART er, I rise to honor Mrs. Fannie M. White, a life- She is the recipient of numerous plaques, long resident of Issaquena County. Fannie awards and recognitions for work in the com- White was born on September 2, 1950, to Mr. HON. BENNIE G. THOMPSON munity, schools and churches. Teacher of the Sidney and Marie Marshall, the seventh of OF MISSISSIPPI Year from Threadgill Elementary School 1978, nine children. She is a 1973 graduate of Mis- IN THE HOUSE OF REPRESENTATIVES Teacher of the Year Dickerson Elementary sissippi Valley State University with a BS in Tuesday, February 15, 2011 Schoo1 1991, 1993, 1994 and 1996. Employer of the Year for Greenwood City Schools 1995, Business Administration. She is retired from Mr. THOMPSON of Mississippi. Mr. Speak- the Mississippi Department of Human Services A+ Teacher of the year 1992, Who’s Who er, I rise today to honor Ms. Jessie Pearl Watt Among American Teachers 1993, Community after 28 years of service. She is married to Stewart. Jessie Pearl Watt Stewart is the Supervisor Larry White, who is also the assist- Services Award for volunteers, Wesley United eighth child of 12 born to the late Plummie Methodist Church 1997, 4–H Youth Volunteer ant pastor of Rose Hill M.B. Church in and Cora Yates Watt in Grenada, Mississippi Mayersville, MS, and has one son, Tristan Award 1993, Club Woman of the Year, Mis- where she was reared. She attended the Gre- sissippi State Federation of Colored Women White, who is a student at Alcorn State Uni- nada Colored Public Elementary and High versity. Third District, Cotillion Federated Club Woman School where she received her high school di- of the Year and the Greenwood Common- Mrs. White has always had an interest in ploma. Upon graduation from high school, she working with the youth in Issaquena County. wealth Newspaper Unsung Hero 2004. matriculated in Mississippi Vocational College, She continues to work untiringly, teaching, Since the 1970’s, she has been very active in now known as Mississippi Valley State Univer- working with the youth in the church, putting mentoring, guiding and providing active partici- sity, where she earned a Bachelor of Science pation in her church, The Greenwood-Leflore on plays to celebrate different holidays. She is and a Master of Science Degree in Elemen- the Adult Sunday School teacher at St. Peter Retired Education Personnel Association, The tary Education. She also did further studies at Rising Sun Community Organization, AKA So- M.B. Church where she is a dedicated mem- Delta State University in Cleveland, Mis- ber. She is also the founder and president of rority, schools, nursing homes and wherever sissippi. she is called. the Mayersville Youth Development Com- It was at Mississippi Vocational College f mittee, and the director of the Mayersville Chil- where she met and married the late Coach dren’s Village. Mrs. White has worked with Conway Stewart, a native of Greenwood, Mis- UNITED STATES RELATIONSHIP these organizations for several years with sissippi. To this union was given three beau- WITH RUSSIA such services as the Summer Feeding Pro- tiful daughters, Rev. Cora Denise Stewart gram, the After School Tutoring Program, as Lowe, Valeria Stewart Skinner Moses and Yo- HON. DAVID DREIER well as the Summer Enhancement Program. landa Yvetta Stewart Spinks. She enjoys summer activities with the chil- OF CALIFORNIA Jessie Stewart’s genuine love for children IN THE HOUSE OF REPRESENTATIVES dren, which consists of Summer Fun Days at and people and her respect for education the park, trips to educational museums such were the guiding forces that led her to a ca- Tuesday, February 15, 2011 as the Civil Rights Museum in Memphis, TN, reer of teaching for more than 39 years in Mr. DREIER. Mr. Speaker, last month, The the Natural Science Museum, the Planetarium, Indianola, Grenada, Leflore County and Economist exhorted Western Leaders to more and the Civil Rights Museum in Jackson, MS. Greenwood Public Schools. Her dedication openly and consistently criticize Russia for its Mrs. White is also instrumental in participating and commitment to the successful education sham democracy, its brutal treatment of with St. Jude and Muscular Dystrophy Foun- for Black children and young adults of the cul- human rights activists and political dissidents, dation to help raise money for their organiza- tural, civic/moral development of Black women and its utter disregard for the rule of law. It tions, also is an alderman for the town of were her inspiration in teaching the whole was a challenge that should be taken seri- Mayersville. child every facet of life. This was also instru- ously. mental in her organizing several young Black Our approach to Russia has been charac- f women organizations, a young men’s organi- terized, paradoxically, by a failure to be both PERSONAL EXPLANATION zation, Gentlemen of Quality for high school sufficiently pragmatic and sufficiently idealistic boys. She worked with junior and high school at the same time. girls for more than 25 years as sponsor and Russia is a key international player with HON. LYNN C. WOOLSEY counselor of a civic, social, cultural and edu- whom we must engage. That’s undeniable. It OF CALIFORNIA cational club. She worked as counselor, advi- is a permanent member of the Security Coun- IN THE HOUSE OF REPRESENTATIVES sor and teacher of youth, and young adults, in cil. It is a key actor in any united international the Mississippi State Baptist Congress of the effort to contain Iran’s nuclear ambitions. It ex- Tuesday, February 15, 2011 Young People Department of Christian Edu- erts great influence in regions, such as Central Ms. WOOLSEY. Mr. Speaker, on February cation for 10 years. Jessie’s love for God is Asia, with implications for our struggle against 14, 2011, I was unavoidably detained and was evident having served at Jones Chapel Mis- violent extremism in Afghanistan and else- unable to record my vote for rollcall No. 35– sionary Baptist Church, as assistant secretary where. Keeping our engagement with Russia 37. Had I been present I would have voted: for more than 40 years, President of the Mis- as constructive and effective as possible is es- rollcall No. 35: ‘‘yes’’—On Motion to Recommit sionary Society, Director of Christian Edu- sential to pursuing our vital national security with Instructions; rollcall No. 36: ‘‘no’’—To ex- cation, Director of Baptist Training Union and interests. tend expiring provisions of the USA PATRIOT Sunday school teacher. She has always ex- But this reality cannot preclude our commit- Improvement and Reauthorization Act of 2005 emplified strong Christian faith and gives God ment to promote democracy around the globe and Intelligence Reform and Terrorism Pre- all the praise for her successes. and condemn those who brutally suppress it. vention Act of 2004 relating to access to busi- Her leadership ability is reflected in her We must stand up for human rights and the ness records, individual terrorists as agents of service to the community, having served as rule of law, even when—especially when— foreign powers, and roving wiretaps until De- President of The Rising Sun Community Orga- they are undermined by major international cember 8, 2011; rollcall No. 34: ‘‘yes’’—On nization, which has more than 300 residents, players. We cannot remain silent when jour- Approving the Journal. President of the Greenwood-Leflore Retired nalists and activists are killed or savagely

VerDate Mar 15 2010 05:11 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.007 E15FEPT1 pwalker on DSKD5P82C1PROD with REMARKS February 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E229 beaten with impunity, while political prisoners stitutes one of the foundations of the inter- today as the City of Sonoma’s Alcaldessa for face years of jail time. The new guilty verdict national order’’ and ‘‘commitments undertaken 2011. imposed on Mikhail Khodorkovsky late last in the field of the human dimension are mat- f year makes it appear that the only crime that’s ters of direct and legitimate concern to all par- actually punishable in the Russian Federation ticipating States.’’ HONORING MICHAEL LATIKER is opposition to Putin. As a member of key international bodies Days after the verdict was handed flown, and an aspirant to the WTO, Russia has sub- HON. BENNIE G. THOMPSON opposition leader and former Prime Minister jected itself to international norms. The U.S. OF MISSISSIPPI Boris Nemtsov was arrested for participating in and its Western allies must take seriously the IN THE HOUSE OF REPRESENTATIVES a peaceful rally. He had committed the grave responsibility to hold Russia accountable for Tuesday, February 15, 2011 offense of expressing support for the protec- its commitments and its actions. tion of constitutional rights and condemning The Russian people have a long and tre- Mr. THOMPSON of Mississippi. Mr. Speak- the sham Khodorkovsky verdict. mendous history. Their government has very er, I rise today to honor Michael Latiker. Mr. Hostility to the rule of law extends beyond tragically tried to return this great people to a Latiker was the first born to the late Charlie Russia’s own borders, as we saw in the Au- dark chapter of that history. But if we refuse and Earnestine Latiker. He is a lifelong resi- gust 2008 invasion of our democratic ally to stay silent in the face of egregious human dent of Yazoo City, Mississippi. He attended Georgia. Georgia’s sovereignty and territorial rights violations while constructively engaging school in Yazoo City and graduated from integrity remains under threat today. in key negotiations, I believe we can effec- Yazoo City High School in 1977. Michael is a In our relationship with Moscow, we must tively encourage positive change in Russia. man with a heart of gold. He is a selfless servant to the public, a helping hand to those in learn to balance the twin imperatives of effec- f tive engagement and criticism of gross mis- need, a visitor of the sick, and a fierce friend. carriages of justice. This will only become RECOGNIZING MARY EVELYN Latiker was introduced to Christianity at an more essential in the context of the coming ARNOLD early age by his parents. He is an active and debate on Russia’s entry into the World Trade a most dedicated member of King Solomon Organization. HON. LYNN C. WOOLSEY Baptist Church, where he serves on the deacon board and a committed usher. Besides his Russia has moved closer than ever to ac- OF CALIFORNIA Christian duties, he acquired other responsibil- ceding to the WTO. We are likely to face this IN THE HOUSE OF REPRESENTATIVES prospect in the coming year and the resulting ities which include: The Outreach Program of Tuesday, February 15, 2011 vote on whether to extend Permanent Normal the community established by Herman Leach, Trade Relations. We will need to have a full Ms. WOOLSEY. Mr. Speaker, I rise today, The King Solomon Male Choir, softball coach and robust debate on this issue. We will need along with my colleague, Representative MIKE of males at Roy Capernella Park (ages 6 to ensure that PNTR is not granted until we THOMPSON, to recognize Mary Evelyn Arnold, through 14), Yazoo Brotherhood and mentor have confirmed that Russia has fulfilled the who has been named the City of Sonoma’s for the youth as well as his children Roderick basic obligations that WTO membership de- 2011 Alcaldessa, or Honorary Mayor. Miguel, Verneda, and Eureka. mands. The title, ‘‘Alcalde’’ or ‘‘Alcaldessa’’ when re- Michael’s work never ends without a loving If those obligations are met, my view is that ferring to a woman, is the Spanish word for smile. No task for him has ever been too enor- WTO accession would be a very positive step ‘‘Mayor.’’ During the Spanish colonial period in mous. The philosophy he shares, ‘‘Never too forward. Bringing Russia into a rules-based California, the Alcalde was the primary civil early; Never too late, Just call.’’ He has af- trading system would bind Moscow to the rule authority. In modern times in the City of fected and changed the lives of many people of law. It would create consequences and en- Sonoma, it is an honorary title and the con- and has made the community a better place in forcement mechanisms for failure to live by its temporary Alcalde or Alcaldessa presides over which to live. With his faith in Christ, he in a commitments. WTO membership is by no ceremonial events for the city. portrait true of brotherhood. means a panacea, particularly for systems as Alcaldes and Alcaldessas are nominated by f the community and are representative of indi- deeply flawed as Russia’s. But it would be a PERSONAL EXPLANATION significant step in the right direction. viduals with a long record of volunteer work. Not only would it impose the rule of law in Ms. Arnold is no exception to this rule. Russia’s trading relationships. It would dem- At the top of the list of Ms. Arnold volunteer HON. YVETTE D. CLARKE onstrate that even Moscow recognizes the passions is the library. She has served on OF NEW YORK value of international rules of fairness. This both the Sonoma County Library Commission IN THE HOUSE OF REPRESENTATIVES should serve as a reminder that their pre- and as Chair of the Sonoma Valley Library Tuesday, February 15, 2011 sumed indifference to our criticism is no ex- Advisory Board. Ms. CLARKE of New York. Mr. Speaker, I cuse for failing to voice that criticism. We need She also serves as Treasurer and Chair of was unavoidable detained in my district and to engage with Russia, but Russia also needs the Investment Committee at Vintage House, missed several votes on February 14, 2011. to engage to with us. We cannot shy away organizes the Wednesday cooking crew at Had I been present, I would have voted ‘‘yea’’ from taking a public stand against increasingly Meals on Wheels and bakes birthday cakes on rollcall No. 35, the Motion to Recommit brutal repression at the hands of those with for the WillMar Center, which offers support with Instructions, and ‘‘no’’ on rollcall No. 36, whom we have important negotiations. and counseling for children and teens grieving final passage of H.R. 514. Neither can we lose sight of the fact that the death of a loved one. supporting the rule of law is not just about pro- Pets Lifeline (where she is the unofficial cat f moting American ideals. One of the most im- cuddler), Kiwanis Club of Sonoma Plaza and IN HONOR OF PRESIDENT GEORGE portant lessons of the last decade it that de- the AAUW Scholarship Committee round out H.W. BUSH ACCEPTING THE mocracy strengthening is as firmly grounded in her volunteer community activities. PRESIDENTIAL MEDAL OF FREE- realpolitik as it is steeped in lofty, high-minded Ms. Arnold is also very active in her church, DOM ideals. If our moral clarity helps to strengthen serving on the Committee on Ministry of the democracy advocates in Russia, we will fur- Northern California Nevada Conference of the HON. SAM JOHNSON ther our strategic goals in the long run. A less United Church of Christ and serves as Vice OF TEXAS corrupt, less autocratic regime in Moscow will Moderator of the First Congregational Church IN THE HOUSE OF REPRESENTATIVES result in a better international partner. of Sonoma. As Vladimir Kara Murza has written in World Ms. Arnold moved to Sonoma County in Tuesday, February 15, 2011 Affairs, defending the rule of law is not just our 1987 and was the co-owner of a specialty Mr. SAM JOHNSON of Texas. Mr. Speaker, right but our duty. Last week Vladimir wrote wine business and worked for the Wine Busi- today President George H.W. Bush accepted that statutes of the Organization for Security ness Monthly and Wine Business Insider for the Presidential Medal of Freedom from Presi- and Cooperation in Europe, to which both the several years, finishing her career with inter- dent Obama. U.S. and Russia are party, make this clear. net.com. President Bush, dubbed ‘‘41,’’ and I share The statutes state ‘‘issues relating to human Mr. Speaker, Mary Evelyn Arnold is the the common bond very few combat veterans rights, fundamental freedoms, democracy, and quintessential volunteer, a dynamic and well have experienced. We both were shot down the rule of law are of international concern, as respected member of the community. It is while flying for our country. I am thrilled to re- respect for these rights and freedoms con- therefore appropriate that we acknowledge her port that he had a better experience after the

VerDate Mar 15 2010 05:11 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15FE8.012 E15FEPT1 pwalker on DSKD5P82C1PROD with REMARKS E230 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2011 shoot down than I did, but it’s a once-in-a-life- As a cowboy at heart, as so soon he drove off Reaching out to all, with but a warm time experience that instantly bonds you with westward ho...out of town... hand... fellow survivors. I will always recall the day As to Texas as an oilman, he was so surely The Old System, a Member of The Gold that I said goodbye to him on the tarmac at bound... System...for which you so surely stand! Andrews Air Force Base as he left Wash- Then, giving up his company he had built from the ground... In your treatment, of the average woman ington when President Clinton took office. I As when inside his great heart, so came a and so man... still hang the note that he wrote me thanking calling sound! We come this way but only once, and how me for being there in my office. He’s just that So soon he discovered, it was public service the big people treat us, so surely kind of personable guy who not only thinks of that he was in love with... makes our world’s of such... the little things that helps people feel great, he Where his future and heart, and life’s work All in our Lord’s plans... makes time for them. were so to be found... For in this Capitol Town, the words class are To commemorate the awarding of the Presi- Following his respected Dad, Prescott foot- often found... dential Medal of Freedom, I would like to sub- steps into Congress for two terms... Whenever, the name of George Bush we so mit a poem, the Man the Lord Pulled from the And as the head of the CIA, as all of those sound! Sea, written by Albert Caswell. commies he so burned... As his secret service tell of a man so re- Congratulations, President Bush. You’re an Ever striving to improve, growing and learn- nowned! ing, as The Man On The Move, as for While, working for Timber Wolf in outstanding American and a great patriot. God town...he’s a guy they love to be bless you, and I salute you. great challenges his heart ever yearned! around! THE MAN THE LORD PULLED FROM THE SEA With it becoming clear, that ‘‘The White With his great sense of humor, as him and A patriot’s plane was shot from the sky... House’’ was ever near, and all of the Dana roll on the ground... Would this brave heart live or die? World.... The Name of Bush would so And his buddy Arnold, never lets him down! What was to be? soon learn . . .’’ On your last days in office, how some people With his two comrades gone... Serving as Vice President...for two had forgotten what you had As their fine souls rose up to Heaven, with terms... done . . .‘Oh, how it gives us such pain! our Lord living on, eternally... As no higher respect...in this that office But, history shall be far kinder and remem- And from the heavens up above, our Lord has so since been so returned! ber your name... God in his love... reached down and As Timber Wolf, was the ‘‘Go To Guy’’! And never forget your great record there, as pulled this Hero, this Man From The Among world leaders, his respect was so very always will remain... Sea! high! As it’s your words which so ring true, indeed Our 41st President...born, That’s something, that which must be so it is what you do! ‘‘It’s all about George Herbert Walker Bush in Milton earned! character’’...Time and Time Again! Massachusetts...on June 12th, Then The President in 88, no more accom- Now, listen ever closely... 1924... plished resume has ever been so great! From up in the Heavens up above... Score a lifetime of public service, to his Na- As has had The Electoral College so con- As our Lord looks down upon you, on this tion so great be assured! firmed! earth in all of his love... As none other in history, have so equaled so As history one day...shall so forever As he’s been watching you, throughout all of before! say... these years... When all is said and done, his records are the No more productive 12 years of Executive As these words you may hear, on a gentle ones... service, has ever come her way! breeze from up above... The historians will contend, are one of the Because in 12 years...such incredible ‘‘George my Son, you’ve never let me greatest Presidents I’m sure! events! down’’... Born of wealth, power, social prestige and As a real future for our children, had so I’m so glad that I pulled you, from the sea as such fame... commenced... I found . . .on the wings of a How so easily, he could have so As the records will say... dove’’... made...his life just a game! Bush and respect, and World leadership, are —Albert Caswell Instead, he chose public service... now one in the same... As had too, his most distinguished Father f As communism fell, do you remember that Prescott Bush...all of Senate fame! magnificent day? HONORING JOSEPH CLEOPHUS With a lifetime of public service, he can now DAVIS, SR. so claim... Our Lord so remembers, your great fight and Has so given even greater honor, to that al- devotion doing right... ready prestigious family name! To save that most sacred gift of life, ‘‘The Unborn Child!’’ HON. BENNIE G. THOMPSON Just out of Phillips Academy, at 18 as he OF MISSISSIPPI knew he had to be... As now, high above you he so stands so IN THE HOUSE OF REPRESENTATIVES Off to war for this his country ‘Tis A proud... Thee...ready to die! With tears in his eyes, as all across the heav- Tuesday, February 15, 2011 With, The World To Be Saved, and a war to ens with great smile... be won! For each and every life, is so precious and so Mr. THOMPSON of Mississippi. Mr. Speak- This hero flew off, to that land of the rising dear... er, I rise today to honor Mr. Joseph Cleophus sun, up in the sky... For it’s our Lord’s greatest gift which so Davis, Sr., a long time resident of Port Gibson, Not hiding behind social position, as the blesses us, as Robin your sweet child so Mississippi for 53 years. He was born June 5, world lie in such a horrid condition! clear! 1934 in Claiborne County, Mississippi, to the All because, patriot’s never ask why! While, all of the others questioned...it was you who so drew that line in the union of Benjamin Davis, Jr. and Paris Smith, Leaving, he was barely a man... and he shares the June 5th birth date with his But returning home, as before us now so sand! ‘‘This aggression shall not stood a hero so grand... stand!’’ mother who celebrated her 102nd birthday on One of America’s Best, no one denies! Mr. President, your plan saved the Mid East! June 5, 2010. Joseph was reared by his pater- As once again, in 1944 he was so blessed... Bringing together each, Jewish and Arab, nal grandparents Abby & Benjamin Davis, Sr. As he wed his true love and wonderful wife, woman and Man... and his father in Lorman, Mississippi. Mr. Jo- Barbara Pierce no less... For you had seen Hitler, and the evils that seph Davis attended the Jefferson County And still, to this very day... men do... Schools before he enlisted in the United As you all in your lifetime, had so lived Their great love story and wonderful family States Army at the age of 18. He served his they consider, of their life’s greatest of through . . .‘‘No Never Again!’’ all success! As you had stood in harms way once before! country for 3 years, being station at Ladd Air Returning home, as straight to Yale... And you knew of the great cost to families in force Base in Fairbanks, Alaska; and at Fort As his heart would so roam, eager to grow at of war! McCullum Army Base in Anderson, Alabama, Andover he had been ready to So you followed a code! he served 6 months in the capacity of TDY/ learn... Giving to each and every hero, all that they Military Policeman. While serving in the Army Captain of a championship baseball team, would so need so! Reserve in 1961 he was inducted back into even then the word Bush meant lead! So that they could so carry that load! active duty because of the Berlin Crisis. He re- As you said, ‘‘if a hero must die valiantly in As great respect as a Leader, he had so ceived an Honorable Discharge from the earned... this honor’s code’’! For athletics and exercise, he truly Then, to their loved ones...their true fine United States Army in 1962. yearns... worth must be showed! Mr. Joseph Davis was employed with the For within his heart, this great passion and And no classier First Lady, or President Westin House Electric Company from August way of life has ever so burned! have ever so graced our Heartland... 1965 through April 1967. Mr. Joseph Davis

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This cele- ed by nationally acclaimed local sponsor, Ms. forded an employment opportunity at one of brated woman is the epitome of courage, Leola Dillard. the great Historically Black University, Alcorn strength and love. People from all walks of life, ages, and eth- State University. He served in the capacity of A trailblazer in the area of education, Mattie nic backgrounds have benefitted from Mattie’s Campus Police Officer for 8 years. His great Bee (as she is affectionately called) learned contributions. Her philosophy of whether you leadership quality and abilities lead him to be her first lessons in a home where she was are prince or pauper, queen or maid, you will offered the Chief of Campus Security position. raised by God-fearing parents amid several find the same warm, friendly welcome to her Her served in this capacity for a total of 111⁄2 siblings and members of her extended fami- home, heart, and life. (She is still educating years. He celebrated his retirement at the age lies. During her teen years she entered Jack- through modeling!) of 58 in 1992. After a few months into his re- son State College (JSU) where she worked Mrs. Washington attributes her inspiration to tirement he decided to become a Deputy for very diligently to earn her General Education be an educator from the following: her par- the Claiborne County Sheriff Department from Diploma (GED). She pursued her goals and ents, Roosevelt and Minnie Vaughan Knight, 1993 to the present. He also works in his later earned a Bachelor of Science, making who were not afforded the opportunity to ob- store F & J’s (Faye & Joe); the store is a very her first in her family to attend college. Being tain formal education; daughter, Debra Knight special place for the children of his commu- thirsty for knowledge she obtained a Masters Howard, an educated business leader; Joseph nity. of Science and Education Specialist degrees, G. Williams, a fellow educator, who all pre- Mr. Joseph Davis joined Christian Chapel all at her dear JSU. Although she has com- ceded her in death; supported by her loving Church in 1957 under the direction of Elder T. pleted further studies at Delta State University, husband, George Washington; daughter, Jen- E. Harris. He has served the church as a jun- Mississippi State University, and the University nifer Washington; and grandchildren, Deidra, ior deacon, a deacon, Chairman of the Board of Southern Mississippi, Jackson State re- David B., Draven Howard, and A.J. Wash- (two terms), Christian Men Fellowship (two mains her ‘‘school of the heart.’’ She has ington; along with her 13 siblings and count- terms) and has volunteered on many commit- served as president of the local chapter of the less other relatives, friends and associates. tees; he presently serves as an Elder. Jackson State University National Alumni As- Mrs. Mattie Knight Washington lives to Mr. Joseph Davis is a graduate of Alcorn sociation. ‘‘make a difference,’’ symbolizing courage, State University with a BA in Sociology, a Mrs. Washington has not only taught for strength and love. 1 member of the Phi Beta Sigma Fraternity, St. over 32 ⁄2 years, retiring in 2004, but she also f John’s Lodge #4, a Charter Member of the displays her strong desires to give every child NAACP, two time President of the Claiborne the opportunity to be educated and expand THE INTRODUCTION OF THE County Branch of the NAACP, a former mem- their experiences through sponsorship/coordi- WASHINGTON CHANNEL BILL ber of the Board of Governors for the Clai- nation of many successful educational field borne County Family Health Center Commu- trips for students in Yazoo County to various HON. ELEANOR HOLMES NORTON nity Health Center, and a former leader for sites in Mississippi, as well as Tennessee, OF THE DISTRICT OF COLUMBIA Boy Scout Troop #253. Louisiana, Florida, New York, and the nation’s IN THE HOUSE OF REPRESENTATIVES capital—Washington, DC. A lifetime member Mr. Joseph Davis has been married to Faye Tuesday, February 15, 2011 Vera (Holt) Davis for 52 years. They are the of the Mississippi Association of Educators parents of four children: Belinda, Joseph, Jr., (MAE) and the National Educators Association Ms. NORTON. Mr. Speaker, this non-con- Myrtle and Patrick. (NEA), Mrs. Washington takes pride in teach- troversial bill, which the House passed by ing children to find a love for education within unanimous consent in the 111th Congress, will f them. She actively participates in educational allow development at the Southwest Water- PERSONAL EXPLANATION enhancement programs and projects in the front in the District of Columbia. This bill will community, including the G.A. Carmichael benefit not only D.C. residents, but also re- Family Health Center, the Yazoo County gional residents, businesses and national and HON. JOHN ABNEY CULBERSON Chamber of Commerce-Competitive Commu- international visitors, by permitting the District OF TEXAS nity, Adopt-A-School Programs, serves as a to extend docks and increase recreation and IN THE HOUSE OF REPRESENTATIVES board member of the Historical Preservation maritime activity just an eyeshot from the U.S. Tuesday, February 15, 2011 Society, and is an Election Commissioner. Capitol. The District urgently needs this bill to Reflecting on the biblical passage ‘‘The Lord finalize plans for the Southwest Waterfront, Mr. CULBERSON. Mr. Speaker, on Feb- loves a cheerful giver. (11 Corinthians 9:6–7), which it hopes to convert into an attractive lo- ruary 14, 2011, I was unable to be present for Mrs. Mattie K. Washington is a strong sup- cation for residents and visitors alike. all rollcall votes due to illness. If present, I porter of the church. Having served in various In order for the District to make these im- would have voted accordingly on the following capacities, particularly in the organization of provements, the Federal Government must re- rollcall votes: rollcall No. 35—nay; rollcall No. the Youth Choir, she was one of the first three designate part of the water designated by the 36—aye. members of King Solomon Missionary Baptist Federal Government as the Washington Chan- f Church to make a sizeable monetary contribu- nel, so that more and larger docks can be built tion to the renovation efforts of its fellowship by the District to accommodate increased HONORING MATTIE KNIGHT WASH- hall. She also assists other community church- boating and waterside activity. The original INGTON—EDUCATOR AND COM- es in their efforts. width of the Washington Channel was estab- MUNITY ACTIVIST Mattie believes in balance in her life, so she lished in the early 1800s, prior to the construc- not only gives materialistically, but she also tion of East Potomac Park, to accommodate HON. BENNIE G. THOMPSON gives of herself through donation of her time industrial and maritime commerce at the OF MISSISSIPPI and talents. She was the first African-Amer- Southwest Waterfront. Today, however, the IN THE HOUSE OF REPRESENTATIVES ican woman to have started a catering service Southwest Waterfront is no longer a major in Yazoo County, and still enjoys cooking and port and does not accommodate large ves- Tuesday, February 15, 2011 baking for large numbers of people. One will sels. In fact, the U.S. Coast Guard, the U.S. Mr. THOMPSON of Mississippi. Mr. Speak- still find this being displayed over the last 26 Navy and the U.S. Army Corps of Engineers er, I rise today to honor Mattie Knight Wash- years as she honors the Mother Board of King have agreed that this redesignation will not af- ington. Ms. Washington, the sixth of fourteen Solomon’s Church with an elaborate tribute fect navigation interests or adversely affect children was born and raised in rural Yazoo dinner, where her culinary prowess is dem- navigation safety. County, Mississippi. Mrs. Mattie Knight Wash- onstrated. She thoroughly enjoys lauding oth- I ask Members to support this non-con- ington—an outstanding educator and commu- ers for their good work so she often takes on troversial change to reinvigorate the South- nity activist; first and foremost professes God sponsoring dinners for the Police Dept., the west Waterfront for the city, region and visitors to be her personal Savior. With the firm belief Mayor and Board of Alderman, as well as fam- to enjoy.

VerDate Mar 15 2010 05:11 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A15FE8.018 E15FEPT1 pwalker on DSKD5P82C1PROD with REMARKS E232 CONGRESSIONAL RECORD — Extensions of Remarks February 15, 2011 HONORING THE REVEREND ED- HONORING JOYCE ROBINSON complishments and contributions. He has WARD JOSEPH HILDEBRANDT, made a lasting mark on my life and countless JR. HON. BENNIE G. THOMPSON others. OF MISSISSIPPI Mr. Speaker, I respectfully ask that this Congress join me in honoring the memory of IN THE HOUSE OF REPRESENTATIVES HON. STEVEN R. ROTHMAN Dr. Tim Burlingame, a truly great American. Tuesday, February 15, 2011 f OF NEW JERSEY Mr. THOMPSON of Mississippi. Mr. Speak- A PROCLAMATION RECOGNIZING IN THE HOUSE OF REPRESENTATIVES er, I rise today to honor Joyce Robinson. Ms. THE HONORABLE J. TIMOTHY Robinson was born on December 8, 1954 to Tuesday, February 15, 2011 CAMPBELL IN HONOR OF HIS Doris Murray and Charles Welch. She at- SERVICE AS GREENE COUNTY tended Crystal Springs High School. She mar- Mr. ROTHMAN of New Jersey. Mr. Speaker, JUDGE I rise today to honor the Reverend Edward Jo- ried Eugene Robinson on October 2, 1972. seph Hildebrandt, Jr., and celebrate a life They have two sons, Eugene Robinson II and Jarvis Robinson. Joyce works for the George HON. STEVE AUSTRIA dedicated to serving the American people. On OF OHIO the ninth anniversary of his passing, I would Harris Building Company located in Hazlehurst, MS. IN THE HOUSE OF REPRESENTATIVES like to commemorate the selflessness and de- She attends Brushy Creek Baptist Church Tuesday, February 15, 2011 votion that Reverend Hildebrandt exemplified were she serves in the sanctuary choir, vice in every aspect of his work. Mr. AUSTRIA. Mr. Speaker, on behalf of the president of mission ministry, secretary of the people of Ohio’s Seventh Congressional Dis- Reverend Hildebrandt was born on June 7, mother ministry and church clerk. She is a trict, I am honored to recognize Judge J. Tim- 1940, in Hoboken, New Jersey. His family life member of the Heroines of Jericho, Hopewell othy Campbell for his outstanding efforts of was difficult, and he grew up protecting and Court 118. She is also a member of the preserving justice in the Greene County Com- providing for his siblings in their broken and Hazlehurst Schools’ PTA. munity. often abusive home. He eventually enlisted in She takes care of her mom who are and In receiving this distinguished tribute, Judge the Army, serving for 4 years as a military po- other senior citizens in the Crystal Springs Campbell has been recognized as an exem- liceman, including a tour of duty in Korea area. Many of the senior citizens, who are plary elected official. Judge Campbell has where he was stationed at the Korean Demili- Veterans of the Civil Rights Movement, de- dedicated nine years to Greene County serv- tarized Zone. After leaving the military, Rev- pend on Joyce to help them in completing ing as a Judge in the Greene County Com- erend Hildebrandt worked as a union leader their absentee ballots. She does voter reg- mon Pleas Court. Throughout his 37 years of and postal clerk in the Carlstadt and East istration throughout Copiah County. During practicing law, he has accepted many roles Rutherford Annex Post Offices. He also Hurricane Katrina, Joyce assisted in preparing that range from serving as an Assistant worked part-time as a house painter and metal meals for the displaced. She is always a Greene County Prosecutor to serving on edu- foundry worker. Reverend Hildebrandt was ‘‘helping hand’’ to her neighbors. cational and service boards. Along with his never idle, providing for his family as well as f practice of law Judge Campbell is a renowned others in their community. He would often in- HONORING DR. TIM BURLINGAME author and has published many articles and vite less fortunate families into his home until educational publications. Judge Campbell has they were able to get back on their feet. also shared time as an instructor and faculty HON. GARY G. MILLER member at RETS College and Wilmington Col- Reverend Hildebrandt’s strong desire to OF CALIFORNIA lege. He has shown himself to be a prominent serve people and improve his community led IN THE HOUSE OF REPRESENTATIVES and hardworking member of the Greene to his becoming a deacon in the Roman Tuesday, February 15, 2011 County community. Catholic Church in the late 1970s. He min- Judge Campbell is the epitome of selfless- Mr. GARY G. MILLER of California. Mr. istered to parishioners at churches in Little ness, commitment and impartial justice. He Speaker, I rise in memory of Dr. Tim Bur- Ferry, Garfield, and East Rutherford; however, has demonstrated sincere dedication to pro- lingame, a great American who faithfully and he would happily minister to those in need— viding equality and justice in Greene County. tirelessly served the community and inspired people did not have to be a member of his It is his exemplary efforts that assist the thousands of young people to better them- congregation to receive his attention. With a progress of our nation in fairly and efficiently growing population of Korean immigrants in selves through the word of God. From 1980 to 1984, I had the pleasure of protecting our citizens. his community, Reverend Hildebrandt used Thus, with great pride, I congratulate Judge working with Dr. Burlingame as a member of the cultural knowledge he gained during his J. Timothy Campbell for his commendable the Board of Directors of Sonrise Christian service to the community and extend best military service in Korea to communicate with School. Dr. Burlingame dutifully worked to en- wishes for the future. and provide aid to many families. He also sure his students received the finest academic served his community as a Boy Scout leader, and religious education from preschool to f Little League coach, and as a member of both eighth grade. In August 2010, Dr. Burlingame HONORING MANUEL WELCH the Knights of Columbus and the Rosary Altar retired from Sonrise Christian School as head Society. Reverend Hildebrandt was a pub- administrator, a position he held for 35 years. lished poet, part of the Hoboken Historic Soci- HON. BENNIE G. THOMPSON Dr. Burlingame generously gave his time to OF MISSISSIPPI ety, and involved with the National Park Serv- many educational causes. He served as a IN THE HOUSE OF REPRESENTATIVES ice. He was a founding member of New Kid board member for the Western Christian Ministries in Stockholm, New Jersey. School and the Association of Christian Tuesday, February 15, 2011 Despite his deep involvement in many as- Schools International where he also acted as Mr. THOMPSON of Mississippi. Mr. Speak- pects of his community, Reverend commissioner. He was a leader whose impact er, I rise today to honor Manuel Welch, a re- Hildebrandt’s most proud accomplishment was was undoubtedly felt well beyond the San Ga- tired Copiah County District Four Supervisor, his 39-year marriage to his wife Rosemarie Ali briel Valley communities to which he was so born in Copiah County in the Shady Grove Hildebrandt, and the nine children they raised devoted. community. He attended Shady Grove School together in the Borough of Carlstadt. He was Dr. Burlingame was an exceptional commu- and joined Shady Grove M. B. church at an nity volunteer. He was an active member of also blessed with four grandchildren. Rev- early age. Later his family moved into the the Rotary Club, the Covina Planning Com- Crystal Springs School District where he at- erend Hildebrandt’s passing on February 2, mission and a Director for the Covina Cham- tended school. He graduated from Holtzclaw 2002, was a tremendous loss for both his fam- ber of Commerce where he served a term as High School and soon after graduation ob- ily and the community which he served. President. tained a summer job at the GEM plant. Mr. Speaker, today I would like to honor the On October 28, 2010, Dr. Burlingame left Manuel attended Utica Junior College for life of Reverend Edward Joseph Hildebrandt, our mortal world and returned home to God. one year. He received his first full-time job at Jr., and join his family and friends in fondly re- Dr. Burlingame was a devoted Christian, a furniture plant in Jackson where he worked membering his many years of devoted service loving husband, father, grandfather and valued for 20 years. He found another job interest as to the people of Northern New Jersey. community leader. I am proud of his many ac- he became a Tax Preparer in 1978.

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Manuel was active in the civil rights era. In WOOLSEY, to recognize Mary Evelyn Arnold, mentally sound policies to make our city safer 1982 he was instrumental in getting Copiah who has been named the City of Sonoma’s and our community a more enjoyable place to County redistricted. He won the 1983 election 2011 Alcaldessa, or Honorary Mayor. live. but it was taken from him. Manuel didn’t get The title ‘‘Alcalde,’’ or ‘‘Alcaldessa,’’ when Time and again she was successful in real- elected until 1985 as the first black Supervisor referring to a woman, is the Spanish word for izing this vision, as she moved through Mar- in Copiah County. ‘‘Mayor.’’ During the Spanish colonial period in tinez as a parent, as an elected official, as a He is an active member of the Copiah California, the Alcalde was the primary civil volunteer, and as an organizer. County NAACP, the Copiah County Demo- authority. In modern times in the City of cratic Executive Committee, and is a Mason. We were all shocked and saddened to learn Sonoma, it is an honorary title and the con- of her serious illness last year and her passing f temporary Alcalde or Alcaldessa presides over last week. It’s difficult to think of our town with- ceremonial events for the city. HONORING BETTY DAVIS out Kathy’s caring, her vision, and her drive. Alcaldes and Alcaldessas are nominated by the community and are representative of indi- Now along with Ted and her sons HT and HON. SUE WILKINS MYRICK viduals with a long record of volunteer work. Dylan, we will all have to work harder to main- OF NORTH CAROLINA Ms. Arnold is no exception to this rule. tain and grow the many gifts she left for us. We all are going to miss her and the strength IN THE HOUSE OF REPRESENTATIVES At the top of the list of Ms. Arnold’s volun- of her spirit. Tuesday, February 15, 2011 teer passions is the library. She has served on both the Sonoma County Library Commission I know that my colleagues will join me in Mrs. MYRICK. Mr. Speaker, for almost a and as Chair of the Sonoma Valley Library celebrating the life of Kathy Radke, and ex- half a century, Betty Davis—affectionately Advisory Board. pressing our condolences to her family and known as Miss Betty—has been serving the She also serves as Treasurer and Chair of her many friends. I want to draw my col- community at Queens University in Charlotte. leagues’ attention to an article in the Martinez Having been at Queens for nearly a third of the Investment Committee at Vintage House, organizes the Wednesday cooking crew at News-Gazette about Kathy and her great leg- the university’s history, she’s its longest serv- acy, and I ask unanimous consent that the full ing employee, and everywhere you look, you Meals on Wheels, and bakes birthday cakes article be printed in the RECORD. can see Miss Betty’s influence. for the WillMar Center, which offers support She began working at Queens in 1962 as a and counseling for children and teens grieving [From the Martinez News-Gazette, Feb. 10, housekeeper in one of the residence halls. the death of a loved one. Pets Lifeline (where 2011] She then became a housemother, saying re- she is the unofficial cat cuddler), Kiwanis Club KATHY RADKE: ENVIRONMENTAL CHAMPION, cently in an interview that the girls in her of Sonoma Plaza and the AAUW Scholarship CIVIC LEADER, CHERISHED FRIEND TO MANY Committee round out her volunteer community houses respected her because she respected (By Greta Mart) them. activities. It’s her respect for those around her that Ms. Arnold is also very active in her church, The woman largely responsible for protecting Mt. Wanda from development, con- has made Miss Betty more than just a friendly serving on the Committee on Ministry of the Northern California Nevada Conference of the serving the Franklin Hills as open space and face on the Queens University campus—she’s galvanizing community support for Alham- someone that students, faculty and staff know United Church of Christ and serves as Vice bra Creek died this week: Kathy Radke they can turn to at any time. Moderator of the First Congregational Church passed away on Monday from pancreatic can- In 1978, university President Dr. Billy O. of Sonoma. cer. She was 71. Wireman took notice, and asked Miss Betty to Ms. Arnold moved to Sonoma County in During her two terms on the Martinez City be his personal assistant. She says that she 1987 and was the co-owner of a specialty Council, Radke focused on water quality became like family with Dr. Wireman. He pre- wine business and worked for the Wine Busi- issues and worked to bring cleaner water to sented her with the Honorary Alumna Award ness Monthly and Wine Business Insider for Martinez residents. Later, the geriatric peer- in 1988; she sat with his family at his funeral several years, finishing her career with inter- counseling program she created became a in 2005. net.com. model for others around the state. Another late career change saw her becoming li- Close to starting her 50th year at Queens, Mr. Speaker, Mary Evelyn Arnold is the censed as a conservator, managing financial Miss Betty has recently been named the quintessential volunteer, a dynamic and well and health matters for elderly patients. doyenne of the Queens dining hall. When respected member of the community. It is On Wednesday, her son Dylan Radke, cur- she’s not caring for what she calls her therefore appropriate that we acknowledge her rently the chair of the Parks, Recreation, ‘‘Queens children’’ during the school year, today as the City of Sonoma’s Alcaldessa for Marina and Cultural Commission, spoke she’s often spotted around Charlotte—whether 2011. about his mother’s life and touched on the shopping or walking around Freedom Park. f many roles Kathy played in the civic life of She’s a celebrity-type figure, and anywhere Martinez. you go around town, you’re sure to find some- IN MEMORY OF KATHY RADKE Born in December of 1939 and raised in Chi- one who knows Miss Betty. AND HER CONTRIBUTIONS TO cago, Kathy was the middle of three sisters. In an article recently published by the OUR COMMUNITY Her father Otto ran a family beer distrib- Queens University Magazine, Miss Betty re- uting business, said Dylan, and she attended calls a piece of advice her friend and mentor the Chicago Commercial High School, grad- Dr. Wireman once told her: ‘‘Gal, don’t ever HON. GEORGE MILLER uating at age 16. say no. Say you’ll try your best.’’ And that’s OF CALIFORNIA For a few years Radke worked for the exactly what Miss Betty has been doing for IN THE HOUSE OF REPRESENTATIVES American Medical Association in Chicago and then New York City as an executive sec- Queens University, her family and the Char- Tuesday, February 15, 2011 lotte community for five decades. We appre- retary until she volunteered for the newly- established Peace Corps. ciate her service to generations of Mr. GEORGE MILLER of California. Mr. Charlotteans, and look forward to many more Speaker, along with my wife Cynthia, my sons The Peace Corps took her to rural Guate- mala, where she taught nutrition and trade years of her guiding influence. George and Stephen, I rise today to join with the citizens of my hometown, Martinez, Cali- skills. When her stint was up, she moved to f fornia, to mourn the death of our friend and San Francisco and enrolled at San Francisco State to earn a B.A. HONORING MARY EVELYN ARNOLD neighbor Kathy Radke. There she met Ted Radke, who was a fel- OF SONOMA COUNTY, CALIFORNIA Kathy was a friend in the best sense of the low student and served as a teaching assist- word, and she was a neighbor in the largest ant for one of Kathy’s classes. sense of the word: she worried about us, in- HON. MIKE THOMPSON The two were married and she dropped out OF CALIFORNIA quired after us, and supported us as individ- when the pair moved to Martinez and had uals and as families. IN THE HOUSE OF REPRESENTATIVES their first child, Harold Theodore III in 1969. Kathy, along with her husband Ted, brought Tuesday, February 15, 2011 Asked the reason his parents chose Mar- a vision of community that would be sup- tinez, Dylan said it was a combination of his Mr. THOMPSON of California. Mr. Speaker, portive of children, families, and our elderly. paternal grandparents living here and his fa- I rise today, along with my colleague, LYNN Hers was a vision that included environ- ther securing a job at what was then

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Ted served ‘‘Conservators are court-appointed and Mom kitchen garden crops; about 15 years ago, for one term on the Martinez City Council would essentially make sure they are being Kathy transformed the back yard into an before being elected to the Board of the East seen by doctors and bills are being paid, it Asian-themed wonderland. Bay Regional Park District in 1977, a posi- enabled them to continue to live longer in a Besides raising their two biological chil- tion he still holds. home environment.’’ dren, Kathy and Ted Radke served as foster ‘‘During that same time, both my parents In the late ’80s, Kathy and Ted Radke parents to three children. helped found the Contra Costa Ecology Ac- helped found the Friends of the Alhambra Trying to remember all of his mother’s action,’’ said Dylan. ‘‘They were trying to draw Creek organization. complishments, Dylan added that Kathy was attention to environmental issues; how pol- ‘‘There was concern over the accumulation also a licensed social worker on top of all her of debris and trash in the creek and with lution, poor air and water quality affect other achievements. more development in [Alhambra Valley], health. It was an environmental advocacy ‘‘She passed the social work exam right also watershed issues. [The founders] were group.’’ after I passed the bar,’’ to practice law, said primarily trying to restore the creek to a Ted left county social services for a teach- Dylan. ing position at Contra Costa College while natural flow and making sure it was healthy for fish, turtles, and of course, beavers,’’ said Dylan’s wife Deidre Seguenza said Wednes- Kathy worked as a secretary for the Mar- day afternoon the family had set a date for tinez Unified School District and subse- Dylan Radke. ‘‘[Kathy], along with Igor Skaredoff and Jane Moore, those three would Kathy’s funeral; it will be held on Wednes- quently the local electrician’s union. day, Feb. 16 at St. Catherine’s in Martinez. Ted’s campaign had apparently inspired organize creek cleanups because they saw the creek as vital to the downtown and [Al- ‘‘She will be greatly missed,’’ said Kathy to public service, as she was elected to Seguenza with heartbreak in her voice. the City Council in 1982 and served for two hambra] valley ecosystem.’’ terms. She ran for Mayor in 1984, but lost to ‘‘The first time I met [Kathy], Shirley [his wife] and I went to a slide show by the f Mike Menesini. Friends of Alhambra Creek. Several mem- ‘‘Although the office is non-partisan, my bers had hiked to the source, in Briones, and INTRODUCTION OF THE YOUTH mother would not be ashamed to be identi- took pictures. That’s when we joined FAC, CORPS ACT OF 2011 fied as a Democrat. She was really into circa 1990,’’ Skaredoff said Wednesday in a water quality; it was a hot issue then due to telephone interview. ‘‘We hit it off and start- the proposal of the Peripheral Canal idea. ed doing things together like surveys and HON. MAZIE K. HIRONO She was also dedicated to maintaining Mar- creek cleanup. Kathy and I designed a little OF HAWAII tinez’s small town character,’’ said Dylan. brochure [about the creek]. Kathy also cre- ‘‘Mom was active in trying to protect the IN THE HOUSE OF REPRESENTATIVES ated a creek protection ordinance for the Franklin Hills [from development] and same City of Martinez that is still in the General Tuesday, February 15, 2011 with Mt. Wanda. She worked with George Plan. It’s a great legacy from her; it’s actu- Miller to get Mt. Wanda to become part of Ms. HIRONO. Mr. Speaker, today I intro- ally written into the General Plan how to the John Muir National Historic Site.’’ duce the Youth Corps Act of 2011 to help in- protect [the creek].’’ Former Council member Peter Langley Turning to the more personal attributes of crease opportunities for youth in Hawaii and said this week that he and Kathy were very Radke, Skaredoff described Kathy as pos- nationwide. close friends when they served together on sessing a great sense of humor. In the worst recession since the Great De- the Council. ‘‘Always she could find something to laugh pression, 2010 marked the highest unemploy- ‘‘We were both on the water subcommittee about, something positive. Whenever you and what we were trying to do was get better ment rate for youth ages 16–24 since the were around her you always felt better, she Labor Department began tracking the figure in water quality for Martinez,’’ said Langley. had that way about her,’’ said Skaredoff. World War II. Nearly 1 in 5 youth were unem- ‘‘Kathy was very much an environmentalist. ‘‘She was a vital force. I’m very happy I met One of the issues was a development in the her and our community was so much better ployed in 2010. Alhambra Hills, which is still before the City off with her in it.’’ Youth Corps can help. Modeled after Presi- Council and we turned down several pro- Jane Moore also became close to Radke dent Franklin D. Roosevelt’s Civilian Con- posals for the Franklin Hills. South of High- after joining the Friends of Alhambra Creek, servation Corps, today’s Corps Network in- way 4 where Alhambra Valley Road shoots and later worked on Radke’s campaign for cludes 143 programs in 44 states and the Dis- off from Alhambra, there is a place where the County Board of Supervisors. trict of Columbia. Youth Corps programs have there is a sort of natural entrance to the ‘‘I’ve been meaning to look up the defini- hills, a canyon, and there was a guy who tion of this word, although it’s usually used helped 600,000 youth gain critical education, wanted to put a development there,’’ which in a negative way, because Kathy always civic engagement, and job training skills. Radke opposed. comes to mind when I hear it: instigator. A shining example of a Youth Corps leader Langley said that one couldn’t dislike She was an instigator in the best sense of the is my constituent Mari Takemoto-Chock, who Kathy Radke. word, in the way she got ideas going, got is one of six 2011 Corps Member of the Year. ‘‘She had a very sunny personality, very people interested in ideas, instrumental in Mai grew up on Hawaii Island and thrived at warm,’’ he said. showing people how to use their best poten- excellent public schools. Once she attended Dylan Radke said after his mother left the tial,’’ said Moore. ‘‘I wouldn’t be doing the the University of Hawaii at Manoa, she be- Council, she returned to finish her Bach- work I’m doing without her, she inspired me elor’s degree at Cal State Hayward. She went to get my degree. The loss of Kathy Radke is came aware of the daunting opportunity gap on to earn a Master’s in Human Development a huge loss to Martinez and Contra Costa between young people of different socio- and started working on a second Master’s in County. She was pivotal in so many people’s economic and ethnic backgrounds. Public Health when she was recruited by lives, programs and services. She was an in- Last spring and summer, Mari served as a Contra Costa County to do geriatric social credibly important person, giving and gen- UH Fellow in my Washington office, where work. erous.’’ she was one of the most effective employees When he was on the Board of Supervisors, Another friend who had known Radke for I have ever had. Wanting to do more on-the- now-Senator Mark DeSaulnier proposed cre- many years, Sheila Grilli, said described her ating a senior peer counseling program and death as ‘‘such a loss.’’ ground service, Mari became an AmeriCorps asked Kathy Radke to head it up. ‘‘We were political cohorts: I ran for City VISTA intern for Kupu, the Hawaii Youth Con- ‘‘The program was very successful and be- Council when she ran for Mayor. She was fair servation Corps. There she helped develop come a model for others,’’ said Dylan. and well liked, and a happy person. We trav- and implement Kupu’s new Urban Corps pro- ‘‘She set up a fabulous peer counseling pro- eled together a couple of times a year to gram. gram that’s been copied elsewhere,’’ said Mexico and Hawaii—and she was easy to get In 2011, Kupu itself is honored with a Radke’s friend Harriett Burt. along with, energetic and open to sugges- Project of the Year award. Kupu in Hawaiian In the mid-90s, Radke was appointed to the tions. It’s hard to imagine that someone as means ‘‘to sprout, grow, germinate, or in- John Muir Health Board of Directors and ran dynamic and interesting is gone,’’ said Grilli. for Board of Supervisors, but was defeated by Dylan said traveling the world was one of crease’’ and like the Kupukupu fern that grows Gail Uilkema. his mother’s passions. after a lava flow, Kupu brings life back to the After retiring from her County position a ‘‘She couldn’t do it enough, she been all people, the land, and the ocean. Kupu used few years ago, Radke started a new career by over the world,’’ said Dylan Radke. ‘‘She Recovery Act funding to create a Recovery

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Youth Conservation Corps. The program pro- speak, to assemble. JOHN LEWIS’ story is a tri- UP!) Act, is the first step to solving this prob- vided education and job training to 45 under- umph for those whose souls cry out for free- lem which is well known in border commu- served young adults; produced nearly 83,000 dom. No one is more deserving of this rec- nities. service hours, and yielded nearly $1.5 million ognition. Undocumented aliens receive emergency in community improvement projects. Ambassador Jean Kennedy Smith, founder services in a hospital and yet that hospital is Unfortunately, Youth Corps programs today of VSA, carries forward her family’s torch of not reimbursed for these services. My bill will must cobble together funding from a wide vari- service, offering children and adults with dis- ensure that the healthcare providers are reim- ety of sources, and they operate with tremen- abilities the freedom to celebrate their artistic bursed for the emergency services they pro- dous uncertainty. The Youth Corps Act of talents, and ushering in an era of peace and vide. 2011 would provide more stability for Youth cooperation as our Nation’s envoy to Ireland. My bill makes permanent a provision of the Corps affiliates and the youth they serve by For more than 35 years, she has worked to Medicare Modernization Act that provided pay- authorizing a new program through the Work- empower all people with disabilities to reach ments to eligible providers for procedures for force Investment Act, WIA. their full potential through the arts. She has undocumented aliens. The bill authorizes $250 I thank Congressman ANDREWS for his con- long believed in the power of art to inspire and million a year to reimburse eligible providers tinued leadership on this bill and urge my col- to connect individuals and communities of dif- for this care. Two-thirds of the funds are di- leagues to support this effort. ferent backgrounds. Through her passion and vided among the 50 states and the District of f her commitment, Jean Kennedy Smith has Columbia based on their relative percentages lived up to her own words: that ‘‘art is central of undocumented aliens, the last third is di- RECIPIENTS OF THE MEDAL OF to what makes us fully human.’’ vided among the 6 states with the largest FREEDOM John Sweeney has provided more than a number of undocumented aliens. strong voice for our middle class; he has f HON. NANCY PELOSI fought for the freedom of our workers to orga- OF CALIFORNIA nize, support their families, and earn a living PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES wage. In California and nationwide, workers Tuesday, February 15, 2011 have never had a more resilient, more pas- HON. ADAM SMITH sionate champion than John Sweeney. His Ms. PELOSI. Mr. Speaker, I rise today to OF WASHINGTON life’s work is a tribute to fairness, equality, and pay tribute to this year’s recipients of the IN THE HOUSE OF REPRESENTATIVES opportunity for all. On behalf of working Ameri- Medal of Freedom, our Nation’s highest civil- Tuesday, February 15, 2011 ian honor; to individuals who have made our cans—from the chambers of Sacramento to country stronger, our culture richer, our world the halls of Washington, DC—when John Mr. SMITH of Washington. Mr. Speaker, last more peaceful; to men and women who have Sweeney speaks out, America’s leaders listen. Friday, February 11, 2011, I was unable to be In their lifetimes of service, today’s recipi- helped shape our history and lay the founda- present for recorded votes. Had I been ents of the Medal of Freedom have played a tion for a better future. present, I would have voted ‘‘yes’’ on rollcall In bestowing this honor, President Obama central role in upholding the promise of a bet- vote No. 32 (on the motion to recommit with highlighted leaders of vision and courage. ter future for all Americans and for our fellow instructions), ‘‘yes’’ on rollcall vote No. 33 (on Each hails from a different background. Their citizens of the world. To them, I offer con- agreeing to the resolution H. Res. 72), and fields vary, ranging from public service to civil gratulations and gratitude. ‘‘yes’’ on rollcall vote No. 34 (on approving the rights, from the arts to athletics, from poetry to f journal). politics, from environmental activism to labor HELP BORDER HEALTHCARE f and business. Yet they share a common commitment to bold leadership, principled action, HON. BOB FILNER PERSONAL EXPLANATION and the common good. OF CALIFORNIA In particular, I rise to recognize three recipi- IN THE HOUSE OF REPRESENTATIVES HON. ADAM SMITH ents who I am privileged to call respected col- OF WASHINGTON Tuesday, February 15, 2011 leagues and friends. IN THE HOUSE OF REPRESENTATIVES Congressman JOHN LEWIS is the conscience Mr. FILNER. Mr. Speaker, I rise today to in- Tuesday, February 15, 2011 of the Congress, a true hero of our history, troduce H.R. 541, the Pay for All Your Un- and an inspiration to all who serve with him documented Procedures (PAY UP!) Act. This Mr. SMITH of Washington. Mr. Speaker, and to every American. From the first Free- bill will provide payments for emergency serv- yesterday evening, Monday, February 14, dom Ride in South Carolina to a ‘‘Bloody Sun- ices provided to undocumented aliens. 2011, I was unable to be present for recorded day’’ in Selma to the well of the House, he The costs of uncompensated emergency votes. Had I been present, I would have voted stood for his own rights, and extended the care for undocumented immigrants are sky ‘‘yes’’ on rollcall vote No. 35 (on the motion to blessings of liberty to others. He sought equal- high and border area hospitals, physicians, recommit with instructions), ‘‘yes’’ on rollcall ity for African Americans, and secured justice and ambulance providers are choking on the vote No. 36 (on passage of H.R. 514), and for all. Through non-violence and courage, he costs that they have to eat. My bill, the Pay for ‘‘yes’’ on rollcall vote No. 37 (on approving the advanced our most basic rights—to vote, to All Your Undocumented Procedures (PAY journal).

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HIGHLIGHTS Senate passed H.R. 514, PATRIOT Act/FISA Extension Act, as amended. Senate Adopted: Chamber Action Nelson (NE) Modified Amendment No. 85 (to Routine Proceedings, pages S705–S763 Amendment No. 58), to improve the amendment. Measures Introduced: Twelve bills and five resolu- Pages S714–15 tions were introduced, as follows: S. 347–358, and By a unanimous vote of 98 yeas (Vote No. 16), S. Res. 50–54. Pages S746–47 Nelson (NE) Amendment No. 58, to impose a criminal penalty for unauthorized recording or dis- Measures Reported: tribution of images produced using advanced imag- S. Res. 50, authorizing expenditures by the Com- ing technology during screenings of individuals at mittee on Environment and Public Works. airports and upon entry to Federal buildings. (A S. Res. 52, authorizing expenditures by the Spe- unanimous-consent agreement was reached providing cial Committee on Aging. that the amendment, having achieved 60 affirmatives S. Res. 53, authorizing expenditures by the Com- votes, be agreed to). Pages S710, S713–15 mittee on Homeland Security and Governmental Af- Blunt Modified Amendment No. 5, to require the fairs. Under Secretary of Transportation for Security to re- S. Res. 54, authorizing expenditures by the Select consider certain applications from airports to author- Committee on Intelligence. Page S747 ize passenger and property screening to be carried Measures Passed: out by a qualified private screening company and to PATRIOT Act/FISA Extension Act: By 86 yeas report to Congress if the Under Secretary denies any to 12 nays (Vote No. 19), Senate passed H.R. 514, such application. Pages S709, S739 to extend expiring provisions of the USA PATRIOT Reid Amendment No. 55, to require the Secretary Improvement and Reauthorization Act of 2005 and of the Interior to convey certain Federal land to the Intelligence Reform and Terrorism Prevention Act of city of Mesquite, Nevada. Pages S710, S739 2004 relating to access to business records, indi- Rejected: vidual terrorists as agents of foreign powers, and rov- Paul Amendment No. 21, to reduce the total ing wiretaps until December 8, 2011, after taking amount authorized to be appropriated for the Federal action on the following amendment proposed there- Aviation Administration for fiscal year 2011 to the to: Pages S727–31 total amount authorized to be appropriated for the Adopted: Administration for fiscal year 2008. (By 51 yeas to Reid/McConnell Amendment No. 90, in the na- 47 nays (Vote No. 18), Senate tabled the amend- ture of a substitute. Page S727 ment.) Pages S709, S720–27 Withdrawn: Measures Considered: By 47 yeas to 51 nays (Vote No. 17), Wicker FAA Air Transportation Modernization and Modified Amendment No. 14, to exclude employees Safety Improvement Act—Agreement: Senate con- of the Transportation Security Administration from tinued consideration of S. 223, to modernize the air the collective bargaining rights of Federal employees traffic control system, improve the safety, reliability, and provide employment rights and an employee en- and availability of transportation by air in the gagement mechanism for passenger and property United States, provide modernization of the air traf- screeners. (A unanimous-consent agreement was fic control system, reauthorize the Federal Aviation reached providing that the amendment, having failed Administration, taking action on the following to achieve 60 affirmative votes, be withdrawn). amendments proposed thereto: Pages S709–27, S731–39 Pages S709, S716–20 D113

VerDate Mar 15 2010 08:25 Feb 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15FE1.REC D15FEPT1 pwalker on DSKD5P82C1PROD with DIGEST D114 CONGRESSIONAL RECORD — DAILY DIGEST February 15, 2011 Pending: Rule XXII of the Standing Rules of the Senate, a Rockefeller (for Wyden) Amendment No. 27, to vote on cloture will occur upon disposition of Inhofe increase the number of test sites in the National Air- Modified Amendment No. 7 (listed above). space System used for unmanned aerial vehicles and Page S734 to require one of those test sites to include a signifi- A unanimous-consent agreement was reached pro- cant portion of public lands. Page S709 viding for further consideration of the bill at 11 Inhofe Modified Amendment No. 7, to provide a.m., on Wednesday, February 16, 2011. Page S762 for an increase in the number of slots available at Messages From the House: Page S744 Ronald Reagan Washington National Airport. Pages S709, S732–33 Measures Placed on the Calendar: Page S744 Rockefeller (for Ensign) Amendment No. 32, to Executive Communications: Pages S744–46 improve provisions relating to certification and flight Executive Reports of Committees: Page S746 standards for military remotely piloted aerial systems in the National Airspace System. Page S709 Additional Cosponsors: Pages S747–48 McCain Amendment No. 4, to repeal the essential Statements on Introduced Bills/Resolutions: air service program. Pages S709, S715–16 Pages S748–59 Rockefeller (for Leahy) Amendment No. 50, to Additional Statements: Pages S742–44 amend title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 to include nonprofit and Amendments Submitted: Pages S759–62 volunteer ground and air ambulance crew members Authorities for Committees to Meet: Page S762 and first responders for certain benefits, and to clar- Privileges of the Floor: Page S762 ify the liability protection for volunteer pilots that fly for public benefit. Pages S709–10 Record Votes: Four record votes were taken today. Reid Amendment No. 54, to allow airports that (Total—19) Pages S714–31 receive airport improvement grants for the purchase Adjournment: Senate convened at 10 a.m. and ad- of land to lease the land and develop the land in a journed at 8:36 p.m., until 10 a.m. on Wednesday, manner compatible with noise buffering purposes. February 16, 2011. (For Senate’s program, see the re- Page S710 marks of the Acting Majority Leader in today’s Udall (NM) Modified Amendment No. 49, to au- Record on page S762.) thorize Dona Ana County, New Mexico, to exchange certain land conveyed to the County for airport pur- Committee Meetings poses. Pages S710, S731 Udall (NM) Modified Amendment No. 51, to re- (Committees not listed did not meet) quire that all advanced imaging technology used as a primary screening method for passengers be MEDICARE AND MEDICAID equipped with automatic target recognition software. Committee on Appropriations: Subcommittee on Labor, Pages S710, S732 Health and Human Services, Education, and Related Paul Amendment No. 18, to strike the provisions Agencies concluded a hearing to examine fighting relating to clarifying a memorandum of under- fraud and waste in Medicare and Medicaid, after re- standing between the Federal Aviation Administra- ceiving testimony from Peter Budetti, Deputy Ad- tion and the Occupational Safety and Health Admin- ministrator and Director, Center for Program Integ- istration. Pages S710–13 rity Centers for Medicare and Medicaid Services, De- Rockefeller (for Baucus) Further Modified Amend- partment of Health and Human Services; Tony ment No. 75, of a perfecting nature. Page S710 West, Assistant Attorney General, Civil Division, Hutchison Modified Amendment No. 93 (to Department of Justice; Rebecca Nurick, Pennsyl- Modified Amendment No. 7), to provide for an in- vania Senior Medicare Patrol Program, Philadelphia; crease in the number of slots available at Ronald and Robert Rolf, CGI Federal, Inc., Fairfax, Vir- Reagan Washington National Airport. Pages S733–35 ginia. A motion was entered to close further debate on Inhofe Modified Amendment No. 7 (listed above), NOMINATIONS and, in accordance with the provisions of Rule XXII Committee on Armed Services: Committee concluded a of the Standing Rules of the Senate, a vote on clo- hearing to examine the nominations of Michael ture will occur on Thursday, February 17, 2011. Vickers, of Virginia, to be Under Secretary for Intel- Page S734 ligence, and Jo Ann Rooney, of Massachusetts, to be A motion was entered to close further debate on Principal Deputy Under Secretary for Personnel and the bill, and, in accordance with the provisions of Readiness, both of the Department of Defense, after

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Analysis, and Assistant DCI for Collection, Central INTELLIGENCE Intelligence Agency; General Jack Keane, USA, Re- Select Committee on Intelligence: Committee met in tired, former Vice Chief of Staff of the United States closed session to receive a briefing on certain intel- Army, and Samuel J. Rascoff, New York University ligence matters from officials of the intelligence School of Law Center on Law and Security, both of New York, New York; and Philip Mudd, Oxford community. Analytica, Alexandria, Virginia. BUSINESS MEETING BUSINESS MEETING Special Committee on Aging: Committee ordered favor- Select Committee on Intelligence: Committee ordered fa- ably reported an original resolution authorizing ex- vorably reported an original resolution authorizing penditures by the committee. expenditures by the Committee and rules of proce- Also, committee adopted its rules of procedure for dure for the 112th Congress; and the 112th Congress. The nomination of Stephanie O’Sullivan, of Vir- ginia, to be Principal Deputy Director of National Intelligence. h House of Representatives ment for the fiscal year ending September 30, 2011. Chamber Action Consideration is expected to resume tomorrow, Feb- Public Bills and Resolutions Introduced: 28 pub- ruary 16th. Pages H804–15, H817–H913 lic bills, H.R. 702–709; 3 private bills, H.R. Agreed to: 730–732; 3 and resolutions, H. Con. Res. 17–18; Holt amendment (No. 12 printed in the Congres- and H. Res. 19 were introduced. Pages H922–24 sional Record of February 14, 2011) that redirects Additional Cosponsors: Page H924 $20,000,000 within the Department of Justice, Of- fice of Justice Programs, State and Local Law En- Report Filed: A report was filed today as follows: forcement Assistance and Pages H888–89 H. Res. 93, providing for consideration of the McClintock amendment (No. 297 printed in the Senate amendment to the bill (H.R. 514) to extend Congressional Record of February 14, 2011) that re- expiring provisions of the USA PATRIOT Improve- duces funding for the Department of the Interior, ment and Reauthorization Act of 2005 and Intel- Bureau of Reclamation, Water and Related Re- ligence Reform and Terrorism Prevention Act of sources by $1,897,000 Pages H902–03 2004 relating to access to business records, indi- Rejected: vidual terrorists as agents of foreign powers, and rov- Flake amendment (No. 370 printed in the Con- ing wiretaps until December 8, 2011 (H. Rept. gressional Record of February 14, 2011) that sought 112–14). Page H922 to reduce funding for unneeded boards and commis- Speaker: Read a letter from the Speaker wherein he sions by $18,750,000 (by a recorded vote of 207 appointed Representative Ellmers to act as Speaker ayes to 223 noes, Roll No. 41); Pages H830–44, H851 pro tempore for today. Page H797 Pompeo amendment (No. 87 printed in the Con- Recess: The House recessed at 10:58 a.m. and re- gressional Record of February 14, 2011) that sought convened at 12 noon. Page H803 to eliminate funding for the Innovative Research Fund (by a recorded vote of 72 ayes to 358 noes, Adjournment Resolution: The House agreed to H. Roll No. 42); Pages H844–46, H851–52 Con. Res. 17, providing for a conditional adjourn- Gutierrez amendment (No. 63 printed in the Con- ment of the House of Representatives and a condi- gressional Record of February 14, 2011) that sought tional recess or adjournment of the Senate, by a re- to reduce the amount for Aircraft Procurement, corded vote of 243 ayes to 176 noes, Roll No. 40. Navy by $21,985,000 and Aircraft Procurement, Air Pages H815, H817 Force by $393,098,000 and increase Defense by Full-Year Continuing Appropriations Act, 2011: $415,083,000 (by a recorded vote of 105 ayes to The House began consideration of H.R. 1, making 326 noes, Roll No. 43); Pages H846–49, H852–53 appropriations for the Department of Defense and Pompeo amendment (No. 86 printed in the Con- the other departments and agencies of the Govern- gressional Record of February 14, 2011) that sought

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Page H903 gressional Record of February 14, 2011) that seeks Withdrawn: to eliminate funding for the National Drug Intel- Olson amendment (No. 78 printed in the Con- ligence Center; Pages H886–87 gressional Record of February 14, 2011) that was of- Latta amendment (No. 260 printed in the Con- fered and subsequently withdrawn that would have gressional Record of February 14, 2011) that seeks redirected $517,000,000 within the National Aero- to reduce funding for the Department of Commerce, nautics and Space Administration, Space Operations. National Institute of Standards and Technology, Pages H893–95 Construction of Research Facilities by $10,000,000; Point of order sustained against: Page H888 Weiner amendment (No. 125 printed in the Con- Baldwin amendment (No. 45 printed in the Con- gressional Record of February 14, 2011), as modi- gressional Record of February 14, 2011) that sought fied, that seeks to increase funding, by offset, for the to increase funding, by offset, for Community Department of Justice, Community Oriented Polic- Health Centers by $1,000,000,000. Pages H878–81 ing Services by $298,000,000; Pages H890–93 Connolly (VA) amendment (No. 93 printed in the Duncan (SC) amendment (No. 110 printed in the Congressional Record of February 14, 2011) that Congressional Record of February 14, 2011) that sought to increase funding, by offset, for the Wash- seeks to reduce funding for the Legal Services Cor- ington Metro Transit Authority by $200,000,000; poration by $324,400,000; Pages H897–H900 Pages H882–86 Biggert amendment (No. 192 printed in the Con- Jackson Lee (TX) amendment (No. 240 printed in gressional Record of February 14, 2011) that seeks the Congressional Record of February 14, 2011) that to reduce funding for the Department of Energy, En- sought to strike 1332 of Title III, which reduces the ergy Programs, Advanced Research Projects Agen- funding level for the Department of Justice, Com- cy—Energy by $50,000,000; Pages H900–01 munity Oriented Policing Services to $290,500,000; Inslee amendment (No. 395 printed in the Con- and Pages H889–90 gressional Record of February 14, 2011) that seeks Cohen amendment (No. 173 printed in the Con- to increase funding, by offset, for the Department of gressional Record of February 14, 2011) that sought Energy, Energy Programs, Advanced Research to increase funding for the Legal Services Corpora- Projects Agency—Energy by $20,000,000; tion by $70,000,000. Pages H895–97 Pages H901–02 Proceedings Postponed: Tonko amendment (No. 4 printed in the Congres- Rooney amendment (No. 2 printed in the Con- sional Record of February 14, 2011) that seeks to gressional Record of February 14, 2011) that seeks strike the prohibition on Weatherization and State to reduce Research, Development, Test, and Evalua- Energy Program funding; Pages H903–04 tion, Navy by $225,000,000 and reduce Research, Latta amendment (No. 259 printed in the Con- Development, Test, and Evaluation, Air Force by gressional Record of February 14, 2011) that seeks $225,000,000 and increase Defense by to reduce funding for Energy Efficiency and Renew- $450,000,000; Pages H855–73 able Energy by $70,000,000; Pages H904–07 Jones amendment (No. 95 printed in the Congres- DeFazio amendment (No. 98 printed in the Con- sional Record of February 14, 2011) that seeks to gressional Record of February 14, 2011) that seeks eliminate funding for the Afghanistan Infrastructure to eliminate the funding for the Selective Service Fund; Pages H873–75 System; and Pages H907–10 Holt amendment (No. 237 printed in the Con- Pascrell amendment (No. 223 printed in the Con- gressional Record of February 14, 2011) that seeks gressional Record of February 14, 2011) that seeks

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to increase funding, by offset, for the Department of MISCELLANEOUS MEASURES Homeland Security, Federal Emergency Management Committee on Energy and Commerce: Ordered reported Agency, Firefighter Assistance Grants by the following bills: H.R. 358, Protect Life Act, as $510,000,000. Pages H910–13 amended; H.R. 525, Veterinary Public Health H. Res. 92, the rule providing for consideration Amendments Act of 2011; H.R. 528, Neglected In- of the bill, was agreed to by a yea-and-nay vote of fections of Impoverished Americans Act of 2011; and 242 yeas to 174 nays with 2 voting ‘‘present’’, Roll H.R. 570, Dental Emergency Responder Act of No. 39, after the previous question was ordered by 2011. a yea-and-nay vote of 240 yeas to 179 nays, Roll The Committee also approved its Oversight Plan No. 38. Pages H804–05, H815–17 for the 112th Congress. Amendments: Amendments ordered printed pursuant to the rule appear on pages H924–35. ENVIRONMENTAL REGULATIONS Senate Message: Message received from the Senate Committee on Energy and Commerce Subcommittee on today appears on page 853. Environment and the Economy held a hearing entitled ‘‘Environmental Regulations, the Economy, and Quorum Calls Votes: Two yea-and-nay votes and Jobs.’’ Testimony was heard from Vince Ryan, Har- five recorded votes developed during the proceedings ris County Attorney, Houston, Texas; and public of today and appear on pages H815–16, H816–17, witnesses. H817, H851, H851–52, H852–53 and H853. There were no quorum calls. DODD-FRANK DERIVATIVES TITLE Adjournment: The House met at 10 a.m. and ad- Committee on Financial Services: Held a hearing enti- journed at 1:13 a.m. on Wednesday, February 16th. tled ‘‘Assessing the Regulatory, Economic and Mar- ket Implications of the Dodd-Frank Derivatives Title.’’ Testimony was heard from Mary Schapiro, Committee Meetings Chairman, SEC; Gary Gensler, Chairman, CFTC; DODD-FRANK WALL STREET REFORM AND Daniel K. Tarullo, Member, Board of Governors, CONSUMER PROTECTION Federal Reserve System; and public witnesses. Committee on Agriculture: Subcommittee on General FANNIE MAE AND FREDDIE MAC Farm Commodities and Risk Management continued hearings to review implementation of title VII of the Committee on Financial Services: Subcommittee on Dodd-Frank Wall Street Reform and Consumer Pro- Oversight and Investigations held a hearing entitled tection Act, Part II. Testimony was heard from pub- ‘‘An Analysis of the Post-Conservatorship Legal Ex- lic witnesses. penses of Fannie Mae and Freddie Mac.’’ Testimony was heard from the following officials of the Federal DEFINITIONS OF RURAL UNDER Housing Finance Agency: Edward DeMarco, Acting AGRICULTURE PROGRAMS Director; and Alfred Pollard, General Counsel; the Committee on Agriculture: Subcommittee on Rural De- following officials of Fannie Mae: Michael Williams, velopment, Research, Biotechnology and Foreign Ag- CEO; and Timothy J. Mayopoulos, General Counsel; riculture held a hearing to review the various defini- and Mike DeWine, Attorney General, Ohio; and tions of rural applied under programs operated by public witnesses. the USDA. Testimony was heard from Cheryl Cook, POLICY TOWARDS LATIN AMERICA Deputy Under Secretary, Rural Development, USDA; Don Larson, Commissioner, Brookings Coun- Committee on Foreign Affairs: Subcommittee on the ty Commission Office, Brookings, South Dakota; and Western Hemisphere held a hearing on Does the public witnesses. U.S. Have a Policy toward Latin America? Assessing the Impact to U.S. Interests and Allies. Testimony FY 2012 BUDGET was heard from Arturo Valenzuela, Assistant Sec- Committee on the Budget: Held a hearing on the Presi- retary of State, Bureau of Western Hemisphere Af- dent’s Fiscal Year 2012 Budget. Testimony was fairs, Department of State. heard from Jacob J. Lew, Director, OMB. SECURING OUR BORDERS OSHA’S IMPACT ON JOBS CREATION Committee on Homeland Security: Subcommittee on Committee on Education and the Workforce: Sub- Border and Maritime Security held a hearing entitled committee on Workforce Protections held a hearing ‘‘Securing Our Borders—Operational Control and on Investigating OSHA’s Regulatory Agenda and Its the Path Forward.’’ Testimony was heard from Mi- Impact on Job Creation. Testimony was heard from chael J. Fisher, Chief, Border Control, Department of public witnesses. Homeland Security; Richard M. Stana, Director,

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committee during the 112th Congress, 9:30 a.m., Committee on Armed Services, hearing on the Fiscal Year SD–366. 2012 National Defense Authorization Budget request Committee on Environment and Public Works: To hold from the Department of Defense, 10 a.m., 2118 Rayburn. hearings to examine national leaders’ call to action on Committee on the Budget, hearing on the Department of transportation, 10 a.m., SD–406. the Treasury Fiscal Year 2012 Budget, 2 p.m., 210 Can- Committee on Finance: Organizational business meeting non. to consider committee rules, and an original resolution Committee on Education and the Workforce, hearing on authorizing expenditures by the committee during the Policies and Priorities at the U.S. Department of Labor, 112th Congress, Time to be announced, SD–215. 10 a.m., 2175 Rayburn. Full Committee, to continue hearings to examine the Committee on Energy and Commerce, Subcommittee on President’s proposed budget request for fiscal year 2012, Communications and Technology hearing entitled ‘‘Net- 10 a.m., SD–215. work Neutrality and Internet Regulation: Warranted or Committee on Health, Education, Labor, and Pensions: Or- More Economic Harm Than Good?’’ 9:30 a.m., 2123 ganizational business meeting to consider committee Rayburn. rules, an original resolution authorizing expenditures by Subcommittee on Oversight and Investigations, hearing the committee during the 112th Congress, Public Health entitled ‘‘Health Care Issues Involving the Center for Service nominations, and an original bill entitled Tech- Consumer Information and Insurance Oversight,’’ 9:30 nical Amendment to the Education Sciences Reform Act, a.m., 2322 Rayburn. 10:30 a.m., SD–430. Committee on Financial Services, hearing entitled ‘‘The Committee on Homeland Security and Governmental Affairs: Final Report of the Financial Crisis Inquiry Commission,’’ To hold hearings to examine saving the D.C. Oppor- 10 a.m., 2128 Rayburn. tunity Scholarship Program, 9:15 a.m., SD–342. Subcommittee on Insurance, Housing and Community Subcommittee on Oversight of Government Manage- Opportunity hearing entitled ‘‘Are There Government ment, the Federal Workforce, and the District of Colum- Barriers to the Housing Market Recovery?’’ 2 p.m., 2128 bia, to hold hearings to examine improving Federal em- Rayburn. ployment of people with disabilities, 2:30 p.m., SD–342. Committee on the Judiciary, hearing on the Constitu- Committee on Indian Affairs: Organizational business tionality of the Individual Mandate, 9:30 a.m., and to meeting to consider electing Chairman and Vice Chair- continue mark-up of H.R. 5, Help Efficient, Accessible, man, committee rules, and any other organizational busi- Low-cost, Timely Healthcare (HEALTH) Act of 2011, 1 ness items during the 112th Congress, 11:30 a.m., p.m., 2141 Rayburn. SD–628. Committee on Oversight and Government Reform, Sub- Committee on the Judiciary: To hold hearings to examine committee on Government Organizations, Efficiency and targeting Web sites dedicated to stealing American intel- Financial Management, hearing on Making Sense of the lectual property, 10 a.m., SD–226. Numbers: Improving the Federal Financial Reporting Full Committee, to hold hearings to examine the Model, 1:30 p.m., 2203 Rayburn. nominations of Jimmie V. Reyna, of Maryland, to be Subcommittee on Regulatory Affairs, Stimulus Over- United States Circuit Judge for the Federal Circuit, John sight and Government Spending, hearing on the Stim- A. Kronstadt, to be United States District Judge for the ulus: Two Years Later, 9:30 a.m., 210–HVC. Central District of California, Vincent L. Briccetti, to be Committee on Science, Space, and Technology, Subcommittee United States District Judge for the Southern District of on Space and Aeronautics hearing on a review of the Fed- New York, Arenda L. Wright Allen, to be United States eral Aviation Administration’s Research and Development District Judge for the Eastern District of Virginia, and Budget for Fiscal Year 2012, 10 a.m., 2318 Rayburn. Michael Francis Urbanski, to be United States District Committee on Small Business, hearing entitled ‘‘Putting Judge for the Western District of Virginia, 3 p.m., Americans Back to Work: The State of the Small Busi- SD–226. ness Economy,’’ 1 p.m., 2360 Rayburn, Committee on Small Business and Entrepreneurship: Organi- Committee on Transportation and Infrastructure, to mark zational business meeting to consider committee rules, up the following: a measure to reduce facility costs by and an original resolution authorizing expenditures by the consolidating National Gallery of Art and Federal Trade committee during the 112th Congress, Time to be an- Commission operations in the District of Columbia; H.R. nounced, Room to be announced. 690, Federal Trade Commission and National Gallery of Select Committee on Intelligence: To hold hearings to ex- Art Facility Consolidation, Savings, and Efficiency Act of amine the worldwide threat, 10 a.m., SH–216. 2011; H.R. 362, to redesignate the Federal building and United States Courthouse located at 200 East Wall Street House in Midland, Texas, as the ‘‘George H.W. Bush and Committee on Agriculture, Subcommittee on Nutrition George W. Bush United States Courthouse and George and Horticulture and the Subcommittee on Water Re- Mahon Federal Building’’; H.R. 658, to amend title 49, sources and Environment of the Committee on Transpor- United States Code, to authorize appropriations for the tation and Infrastructure, joint hearing to consider reduc- Federal Aviation Administration for fiscal years 2011 ing the regulatory burdens posed by the case National through 2014, to streamline programs, create efficiencies, Cotton Council v. EPA (6th Cir. 2009) and to review re- reduce waste, and improve aviation safety and capacity, to lated draft legislation, 1 p.m., 1300 Longworth. provide stable funding for the national aviation system,

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

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Continue consideration of morning business (not to extend beyond 11 a.m.), Senate H.R. 1—Full-Year Continuing Appropriations Act, will continue consideration of S. 223, FAA Air Transpor- 2011. tation Modernization and Safety Improvement Act, with a 1 p.m. filing deadline for first-degree amendments.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E227 Pelosi, Nancy, Calif., E235 Hirono, Mazie K., Hawaii, E234 Rothman, Steven R., N.J., E232 Austria, Steve, Ohio, E232 Johnson, Sam, Tex., E229 Smith, Adam, Wash., E235, E235 Bass, Karen, Calif., E228 Lungren, Daniel E., Calif., E226 Thompson, Bennie G., Miss., E225, E226, E228, E228, Clarke, Yvette D., N.Y., E229 Marchant, Kenny, Tex., E227 E229, E230, E231, E232, E232 Culberson, John Abney, Tex., E231 Miller, Gary G., Calif., E232 Thompson, Mike, Calif., E225, E233 Dreier, David, Calif., E228 Miller, George, Calif., E233 Farr, Sam, Calif., E226 Myrick, Sue Wilkins, N.C., E233 Woolsey, Lynn C., Calif., E225, E228, E229 Filner, Bob, Calif., E235 Norton, Eleanor Holmes, D.C., E231

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