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, WEDNESDAY, OCTOBER 19, 2011 No. 157 House of Representatives The House was not in session today. Its next meeting will be held on Friday, October 21, 2011, at 10 a.m. Senate WEDNESDAY, OCTOBER 19, 2011

The Senate met at 9:30 a.m. and was to the Senate from the President pro ington cannot pay its own bills right called to order by the Honorable tempore (Mr. INOUYE). now. Think about it. The Federal Gov- KIRSTEN E. GILLIBRAND, a Senator from The assistant legislative clerk read ernment spent $3.6 trillion last fiscal the State of New York. the following letter: year, a new all-time record. And in the U.S. SENATE, wake of the single largest spending PRAYER PRESIDENT PRO TEMPORE, year in history, Democrats want to put The Chaplain, Dr. Barry C. Black, of- Washington, DC, October 19, 2011. together another bailout. fered the following prayer: To the Senate: Add up the projected deficits of all 50 Let us pray. Under the provisions of rule I, paragraph 3, States this year and you get $103 bil- Immortal, invisible, God only wise, of the Standing Rules of the Senate, I hereby lion. That is all 50 States’ deficits appoint the Honorable KIRSTEN E. GILLI- You are surrounded by inaccessible added up. Well, what about us? What light. Today, help our lawmakers make BRAND, a Senator from the State of New York, to perform the duties of the Chair. about us here in Washington? We are substantive progress in their efforts to DANIEL K. INOUYE, expected to run a deficit of $1.3 trillion. keep America strong. Remind them to President pro tempore. Washington needs to prove it can get trust You for today’s challenges and Mrs. GILLIBRAND thereupon as- its own house in order before it starts difficulties, knowing that You hold all sumed the chair as Acting President demanding more money from job cre- our tomorrows in Your hands. May this pro tempore. ators and throwing together another perspective of trusting the future to f bailout. Your powerful and loving providence This is the third time in 3 years the infuse them with a spirit of optimism RECOGNITION OF THE MINORITY President has asked us to bail out the to believe that they will reap a bounti- LEADER States. How many more times? And ful harvest if they persevere in doing The ACTING PRESIDENT pro tem- how many more billions before some- what is right. Lord, give them the se- pore. The minority leader is recog- one realizes this is a very bad idea? renity to accept what they cannot nized. More bailouts. More bailouts are not change, to change what they should, f going to solve the problem. They will and the wisdom to know the difference. just enable it. We pray in Your righteous Name. RAISING TAXES But the bottom line is this: Everyone Amen. Mr. MCCONNELL. Madam President, knows the last thing you want to do in f I want to make a couple of observa- a jobs crisis is raise taxes. It is com- PLEDGE OF ALLEGIANCE tions this morning about what is going mon sense. The President himself has on in Washington at the moment and said as much. But for some reason he is The Honorable KIRSTEN E. GILLI- what is not. What is going on is that determined to keep trying anyway. BRAND led the Pledge of Allegiance, as Democrats are obsessed for some rea- And Republicans are not about to go follows: son with raising taxes. That is the only along with it. So Democratic leaders in I pledge allegiance to the Flag of the Congress have decided to do nothing in- United States of America, and to the Repub- possible way to explain their latest lic for which it stands, one nation under God, idea to impose a permanent tax hike on stead. If they do not get their tax hike, indivisible, with liberty and justice for all. about 300,000 U.S. business owners and then they do not want to do anything at all. That is why rather than working f then use the money to bail out cities and States that cannot pay their bills. with us on legislation that would get APPOINTMENT OF ACTING That is the proposal we will be voting the government out of the way so the PRESIDENT PRO TEMPORE on apparently tomorrow. private sector can create jobs, includ- The PRESIDING OFFICER. The I do not know if our friends on the ing legislation that is in the Presi- clerk will please read a communication other side have noticed, but Wash- dent’s own bill, they have

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

S6701

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VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.000 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6702 CONGRESSIONAL RECORD — SENATE October 19, 2011 choreographed a political sideshow this The House voted on three bills this clean water. These safeguards are im- very week. year, one as recently as last week, to portant to have a healthier America. Here is how it works: The President roll back excessive regulations by bu- But the Republican response has been proposes a stimulus bill and calls it a reaucrats in Washington who are de- cutting back environmental and health jobs bill. Congress rejects it in a bipar- stroying jobs and threatening to put safeguards, I guess hoping that a sick- tisan way for very sensible and even more Americans out of work. All er, more polluted country is a better straightforward reasons. The President three of those House bills got solid bi- place to create jobs. It is not. then goes on a bus tour to criticize Re- partisan support. Why do we not have I am going to talk a little bit today publicans for voting against the so- those votes in the Senate and show about the legislation that I moved to called jobs bill. Democratic leaders that we can work together to help busi- on Monday dealing with, as I have indi- consult with the White House on nesses create jobs? Let’s park the cam- cated, maintaining jobs for teachers, breaking the same bill into smaller paign bus, put away the talking points, firefighters, and police officers. Sev- pieces. And how do they break it up? and do something to address the jobs enty-five percent of Americans support By identifying parts they know Repub- crisis. this legislation. This is not a poll that licans will oppose, then add the tax The American people want action. some Democratic pollster did, it is a hike just to make sure. Then another The election is 13 months away. Why CNN-Gallup poll. bus tour or a press conference with the do we not do what we were elected to This week, my Republican colleagues President complaining about Repub- do? have rallied against teachers and first licans again. Repeat for 13 months in f responders. That is our latest proposal, the hopes that Americans will forget to create hundreds of thousands of they are all now living under the eco- RECOGNITION OF THE MAJORITY American jobs and save other jobs. Re- nomic policies that were enacted dur- LEADER publicans point to a similar program ing the first 2 years of the Obama ad- The ACTING PRESIDENT pro tem- with a proven track record keeping ministration, and hope for success. pore. The majority leader is recog- 422,000 teachers in the classroom. That That is the game plan. In other words, nized. is important. They are using this as they are actually designing legislation f evidence that our programs are a fail- on the other side to fail so they will ure. have someone else to blame for the SCHEDULE I know the American Recovery Act economy 13 months from now. That is Mr. REID. Following leader remarks, saved Nevada from going into bank- what is going on in the Senate this the Senate will be in a period of morn- ruptcy. The money we got there, hun- week. ing business for 1 hour, with the Repub- dreds of millions of dollars, allowed the So what is not going on? What is not licans controlling the first half and the Governor, a Republican Governor, to going on is the kind of bipartisan co- majority controlling the final half. save Medicaid. Money is fungible. It operation Americans want. My friend Following morning business, the Sen- saved teachers. It saved a lot of pro- the majority leader is out there telling ate will resume consideration of H.R. grams in Nevada. people the Republicans are rooting for 2112, which is the Agriculture, Com- So I say again, they call Democratic the economy to fail. Nothing could be merce, State, Justice, and Transpor- legislation—my Republican colleagues, further from the truth. Look, if Repub- tation appropriations bill. my friend the Republican leader—legis- licans wanted the economy to fail, we At noon there will be a rollcall vote lation that created hundreds of thou- would all line up behind the President’s in relation to the McCain amendment sands of jobs a failure. That is because economic policies rather than opposing regarding surface transportation. Addi- they are using a different benchmark them, because they have not solved tional rollcall votes are expected dur- for success than we are. this jobs crisis we have been in. We ing today’s session. We hope to lock in Democrats’ No. 1 priority is to create have done that. The President got everything he an agreement on three district court jobs. There are 14 million Americans wanted the first 2 years he was in of- judges as well as the nomination of out of work today. So to us, putting fice. So I think it is time Democrats John Bryson to be Commerce Sec- hundreds of thousands of people back realize they were elected to lead, not to retary. to work teaching children, having more choreograph political theater. It is f police patrolling our streets, fire- completely preposterous. At a time fighters fighting our fires, doing the JOB CREATION when 14 million Americans are looking rescue work they do so well, is our pri- for a job in this country, for the Presi- Mr. REID. Madam President, my ority. dent to be riding around on a bus say- friend the Republican leader—and I It seems that the No. 1 priority of my ing we should raise taxes, it is com- will talk in more detail in a few min- Republican colleagues is to defeat pletely preposterous for the President utes—is complaining about a tax of President Obama. Their strategy is to to be riding around on a bus saying we one-half of 1 percent—one-half of 1 per- keep the economy weak as long as pos- should be raising taxes on the very cent on people who make more than $1 sible, so they oppose legislation with a folks who create jobs. million a year to pay for a program solid record of creating jobs. Never Think about that. We have 14 million that would stop teachers from being mind that Republicans have yet to pro- people out of work and two self-identi- laid off and rehire some of the teachers pose a single idea on their own—a sin- fied conservatives for every liberal in who have been laid off. gle idea—to get 14 million people work- this country, and the President is out The massive layoffs we have had in ing again. Never mind that in the past there doing his best Howard Dean im- America today of course are rooted in they have supported every one of the personation. He is completely out of the last administration. It is very clear job-creating measures we have pro- touch. Let’s forget about the tax hikes. that private sector jobs have been posed. We have a bill that was defeated, Let’s drop the talking points about doing fine. It is the public sector jobs so we have taken pieces of that legisla- millionaires and billionaires and let’s where we have lost huge numbers. That tion, and virtually every piece of that work together on bipartisan jobs legis- is what this legislation is all about. It legislation Republicans, in the past, lation that is designed to pass, not de- is unfortunate my friend the Repub- have supported. signed to fail. lican leader is complaining about that. It appears that Republicans suit up Republican leadership in the House I would also note that my friend said every day and come to work with the and Republican leadership here in the the House passed another bill. Well, sole purpose of defeating President Senate has been crystal clear. We are they pass lots of bills, but they rarely Obama instead of suiting up with the ready to work with the White House on go anyplace. A report led by HENRY sole purpose of creating jobs. And they legislation on which we can all agree. WAXMAN of California, long-time Mem- oppose the policies that will turn our The two parties did it last week on ber of the House, indicated last week economy around for one reason and one trade bills. There are other areas where that the House has voted 168 times to reason only: politics and defeating we can do the same. roll back regulations on clean air, President Obama.

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.001 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6703 The famous author Gore Vidal once leader said this yesterday on the Sen- divided in the usual form; that upon said: ‘‘It is not enough to succeed. Oth- ate floor: the use or yielding back of time, Cal- ers must fail.’’ It seems this is the Re- There’s a growing bipartisan opposition to endar No. 272 and Calendar No. 274 be publican motto this Congress. To me trying the same failed policies again. And confirmed and the Senate proceed to and to most Americans, putting poli- there’s bipartisan opposition to raising vote without intervening action or de- tics ahead of this country’s economic taxes, especially at a time when 14 million bate on Calendar No. 273; that the mo- future is so far outside of the main- Americans are out of work. tions to reconsider be considered made stream, it is barely on the map. That is Well, I say to my friend the Repub- and laid upon the table, with no inter- where the Republicans have headed. lican leader, you are entitled to your vening action or debate; that no fur- Republicans have been candid about own opinion but not to your own facts. ther motions be in order to any of the their goal this Congress. My friend the There is not bipartisan opposition to nominations; that any statements re- minority leader said: legislation that will create and save lated to the nominations be printed in The single most important thing we want jobs for teachers and first responders. the RECORD; that the President be im- to achieve is for President Obama to be a On the contrary, there is bipartisan mediately notified of the Senate’s ac- one-term President. support for the legislation. I have just tion and the Senate then resume legis- Defeating job-creating legislation, gone over those numbers. Republicans, lative session, with 2 minutes of debate defeating the economy, and defeating like the rest of Americans, do not op- equally divided between Senators the President—that is how Senate Re- pose our proposal to ask millionaires MCCAIN and BOXER or their designees publicans measure success. But it is to contribute their fair share. On the prior to the vote in relation to McCain not how Republicans in the rest of the contrary, they support that proposal— amendment No. 739, with all other pro- country measure success. The rest of a one-half of 1 percent surtax on people visions of the previous order remaining America doesn’t share those out-of- making more than $1 million a year. It in effect. touch values. Like Democrats, the rest is only in Congress that Republicans The ACTING PRESIDENT pro tem- of the country believes there are some oppose job-creating legislation and fair pore. Without objection, it is so or- things more important than politics, tax policy for the sake of politics. dered. even in an election year. Creating jobs In the rest of the country, Repub- Mr. REID. Madam President, I sug- is that most important thing. licans, like other Americans, are fo- gest the absence of a quorum. To Democrats and the vast majority cused on where their next paycheck The ACTING PRESIDENT pro tem- of Americans, there is no goal more im- will come from and how they will make pore. The clerk will call the roll. portant than getting our economy their mortgage payment. Like Demo- The assistant legislative clerk pro- humming once again. That is why crats, they are tired of Republicans in ceeded to call the roll. Americans overwhelmingly support our Congress rooting for the economy to The ACTING PRESIDENT pro tem- plan to retain or rehire more than fail instead of working with us to se- pore. The Senator from Arkansas. 400,000 teachers and put more cops and cure our economic future. Mr. PRYOR. Madam President, I ask firefighters back doing the things they that the quorum call be rescinded and f do to keep our communities safe. that I be allowed to speak in morning In Nevada, this legislation will pro- RESERVATION OF LEADER TIME business, although I believe we are in vide an additional $260 million to keep The ACTING PRESIDENT pro tem- the Republican time. teachers in the classroom and maintain pore. Under the previous order, leader- The ACTING PRESIDENT pro tem- class size. It will support 3,600 jobs in ship time is reserved. pore. Without objection, it is so or- my State and pump much needed dered. f money back into the economy. f Seventy-five percent of Americans MORNING BUSINESS believe we should help State and local FEMA governments put teachers, police, and The ACTING PRESIDENT pro tem- Mr. PRYOR. Madam President, in firefighters back to work, and 76 per- pore. Under the previous order, the some ways, I hate to come to the floor cent of Americans agree that the Senate will be in a period of morning and talk about this because I very sel- wealthiest people in this country business for 1 hour, with Senators per- dom do, but I am announcing to all my should help get our economy back on mitted to speak therein for up to 10 colleagues and to the administration track. I repeat, three out of four Amer- minutes each, with the time equally di- that I am putting a hold on all Treas- icans—actually, it is a little more than vided and controlled between the two ury Department nominations until I that: 76 percent—including two-thirds leaders or their designees, with the Re- get something resolved. of Republicans, support the Democrats’ publicans controlling the first half and Let me back up and tell the story. Teachers and First Responders Back to the majority controlling the final half. Some of my colleagues are familiar Work Act. Mr. REID. Madam President, I sug- with this story because this has come Republicans in Congress aren’t just gest the absence of a quorum. up a few times before and I have al- out of touch with America, they are The ACTING PRESIDENT pro tem- ready spoken on the floor a couple out of touch with other Republicans. pore. The clerk will call the roll. times about this and certainly in the Fifty-four percent of Republicans sup- The assistant legislative clerk pro- Homeland Security Committee I have port the Democrats’ plan to create jobs ceeded to call the roll. spoken about this. building roads, bridges and schools. Mr. REID. Madam President, I ask A few years ago, in Arkansas, we had Fifty-eight percent of Republicans sup- unanimous consent that the order for some floods. In this one particular area port our plan to extend the payroll tax the quorum call be rescinded. around Mountain View, AR, some peo- for American workers and businesses. The ACTING PRESIDENT pro tem- ple’s houses were flooded. FEMA came Sixty-three percent of Republicans sup- pore. Without objection, it is so or- in. In one particular case—in the port our plan to put teachers in the dered. Guglielmanas case, which is a family classroom and police officers on the f there—they talked to this couple. They beat. Fifty-six percent of Republicans are on Social Security. They talked to even support our proposal to ask mil- UNANIMOUS CONSENT AGREE- this couple about how they are entitled lionaires and billionaires to contribute MENT—EXECUTIVE NOMINA- to some FEMA recovery money to re- their fair share—one-half of 1 percent— TIONS pair their home. FEMA was actually in to pull our Nation out of this terrible Mr. REID. Madam President, I ask the home, took pictures, helped them recession. unanimous consent that notwith- fill out the paperwork, walked them The trend is clear: Americans over- standing the previous order, at 12 noon through the entire process, and they whelmingly support the Democrats’ the Senate proceed to executive session ended up getting $27,000 in FEMA plan to create jobs, even with Repub- to consider the following nominations: money for disaster recovery. The licans supporting our ideas by a wide Calendar Nos. 272, 273, and 274; that Guglielmanas did everything abso- margin. Yet my friend the Republican there be 10 minutes for debate equally lutely by the book. They followed all of

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.003 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6704 CONGRESSIONAL RECORD — SENATE October 19, 2011 FEMA’s directions. They did it picture in this Chamber at some point is going that are already there, that were car- perfect, exactly the way we would to have to deal with this. rying traffic before the disaster. What think all citizens should conduct their I hope all will listen to what I am we are saying is the most practical we business. saying and, hopefully, help me get this could possibly say; that is, there is no Then, 3 years later, they got a notice resolved. But that is why I am putting need to repeat the expense of the time- in the mail and FEMA said: Oh, we a hold on all the Treasury nominees. consuming studies. Let’s get out there messed up. We shouldn’t have given We need to get this resolved, and we and help the States get the work done. you that money because of some tech- are going to do whatever it takes to In other words, it saves States time nical reason and because of that we get it resolved. We want to resolve this and money by cutting through redtape now want all that money back. situation fairly for this family in Ar- and allowing them to, very simply, re- They worked a great hardship on this kansas. Again, they are just the first of build their roads and bridges. family. This is supposed to be govern- many whom we are going to see who I commend the senior Senator from ment of the people, by the people, and have this same type problem. the State of Nebraska, Mr. NELSON, for for the people. That is not what has FEMA has done them harm. Our gov- authoring this language. It is a com- happened in this case. This has worked ernment has done them harm and put monsense approach, something we are a great hardship on this family. them at a disadvantage. There is a used to in the Midwest, and it doesn’t There are lots of community efforts principle in law called detrimental reli- add one dime or one dollar to the Fed- around these floods: local civic clubs, ance. These people clearly relied on the eral deficit. churches, the community at large government and relied on FEMA to This language should receive unani- rolled out to help people. The their detriment and they are paying mous bipartisan support, especially Guglielmanas said they didn’t need the price and the penalty for that now. from every Senator whose home State that because they had FEMA’s help. So When the IRS and Treasury gets in- has been hit by disaster. Literally, as I they have foregone a lot of local assist- volved, there are penalties and inter- speak, our State is trying to figure out ance, a lot of charity assistance, gen- est. American citizens should not be how to recover. eral help from their friends and neigh- treated this way, especially those who Notwithstanding the fact that I bors because of FEMA. Now FEMA has are playing by the rules and don’t have think most people would agree this is come back and said they owe them the any other recourse. so common sense, my colleague from entire $27,000. This could ruin them fi- That is all I wanted to say in my Washington State, Senator MURRAY, nancially. morning business—I see we have sev- has an amendment that would strike I have met with FEMA Director eral in the Chamber to talk on other this language. I can’t imagine why this Fugate. He and I have had what I would matters—that I am putting Treasury body would stand in the way of States think of as productive conversations, on notice that I am going to hold all trying to rebuild their roads and although this matter hasn’t been re- their nominees until we sit down and bridges. In fact, in addition to States, solved. One of the things we talked work through this and, hopefully, get a Senator NELSON’s language would help about is to get an amendment to the good and fair result for this one family counties and communities that are so existing statute. We are working on in Arkansas. cash strapped, with so limited tax base, that. We are working that bill through I yield the floor. saying we will help them too. the system right now in the Senate. I The ACTING PRESIDENT pro tem- For local authorities, the cost of re- have worked with colleagues on the pore. The Senator from Nebraska. peating environmental studies is crush- Homeland Security Committee and f ing. Even President Obama has called also the Appropriations Committee. I on his administration to drop unneces- am not saying we would have unani- COMMONSENSE SOLUTIONS sary regulations and to look for red- mous agreement on my approach, but Mr. JOHANNS. Madam President, tape to cut through. Senator MURRAY’s certainly I have been trying to work there has been a lot of talk about how amendment, in all due respect, would with anybody in the Senate to make we go about rebuilding the infrastruc- do exactly the opposite. Her amend- this bill better. ture after recent disasters and how we ment would dig our bureaucratic heels Unfortunately, what has happened in assist struggling States to accomplish into the sand, and it would say to the last few days is FEMA has now that goal. States and communities and counties taken the additional step of turning Many in this body do not believe the we know they have been struggling, we this matter over to the Department of Federal Government should borrow know they have been hit hard by dis- Treasury for debt collection. To add in- money in an attempt to bail out aster, but we are going to keep our ex- sult to injury and to rub salt in the States. We have our own financial mess pensive hurdles squarely in place. We wounds, this $27,000 debt, now with right here at the Federal level that are going to force them to jump over fines and penalties and interest, has citizens across this country are saying, each and every one of them. gone to $37,000—$37,000 in debt after rightfully so, we have to get solved. The language authored by my col- these folks were assured by the govern- But we can all agree that one of the league, Senator NELSON, is a common- ment they were completely entitled to best things the Federal Government sense way to remove these Federal hur- because this was flood recovery; and can do is get out of the way and cut dles. I received assurance just this the only reason they are not entitled through the redtape. We must remove morning from the department of roads to it is because of some technical Federal hurdles and barriers, so much in my home State that this language issues that FEMA should have recog- cumbersome process that constitutes would clear the way for several rebuild- nized from day one. They should have the largest barrier to rebuilding our in- ing projects in Nebraska. But we are never offered to help these people, but frastructure. not alone. I am guessing road depart- what they have done is, they have now In fact, I am very pleased to rise this ments across this country would say caused them great injury. morning and report there is language the same. There is little doubt in my This is a matter of equity and fair- in the appropriations bill that I believe mind that it would do the same for ness. Enough is enough. We have been should get unanimous support in this other States that have been faced with talking to FEMA for months about body. It is part of the transportation disasters, from the Midwest to the this. Now Treasury is involved. Enough section. Northeast. We should rally behind Sen- is enough. We need to get this resolved It simply says States may rebuild ator NELSON’s language and make sure for this family and maybe a few others. their roads and their bridges that have his efforts to clear a pathway for recov- It is not just localized in Arkansas. been damaged in disasters without hav- ery are not blocked by the Murray We are going to see this happen over ing to repeat environmental study amendment. and over around the country because after study. I encourage my colleagues to vote FEMA has a backlog of these cases—it Gosh, what a commonsense solution. against the Murray amendment, to is a long story—that got tied up in liti- Keep in mind, we are talking only stand with me on the side of cutting gation for a few years and I can almost about replacing roads and bridges that redtape preventing States from re- guarantee that virtually every Senator have already been through process, building roads and bridges.

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.004 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6705 I yield the floor. this, knowing full well it does not reform. As a consequence, this piece of The ACTING PRESIDENT pro tem- work. that reform was included notwith- pore. The Senator from South Dakota. There were a lot of warning signals standing our efforts to repeal it or to f along the way that were ignored. There strike it at the time. So we went for- were repeated warnings by the Actuary ward. Here we are now 18, 19 months CLASS ACT and the administration that this was later, and there is full recognition of Mr. THUNE. Madam President, I rise not going to work that were ignored by the fact that this does not pencil out, to speak to an issue that I think has the Obama administration in their it does not add up, the math flat does been on the minds of a lot of people push to pass health care reform. not work. here and hopefully people across this We did a report not that long ago. Where do we go from here? In my country too; that is, this failed CLASS There was a working group that exam- view, what we ought to be doing is re- Act Program, which last week we fi- ined this. The report was called pealing this bill, which is why it seems nally got some—I would characterize it ‘‘CLASS’s Untold Story.’’ It was my- mystifying to me that the administra- as good news because I think this is a self and some of my colleagues in the tion is now suggesting that if Congress program that was destined to fail. Senate and some of my House col- were to repeal the CLASS Act, he On Friday last week, Secretary of leagues who requested it and delved would veto the repeal bill. You have all Health and Human Services Kathleen into a lot of the e-mail traffic that oc- this actuarial data; you have all these Sebelius came out and said: Despite curred prior to its inclusion in the statements; you now have all this anal- our best analytical efforts, I do not see health care reform bill. We came across ysis that has been done that dem- a path forward for CLASS implementa- a number of warnings that were issued onstrates the very point we were mak- tion at this time. by the HHS Actuary. ing at the initial consideration of this; Essentially, what came with that and The Chief Actuary predicted at the that is, it was just not going to work. what accompanied that was a big vol- time that this would result in an ‘‘in- So I hope and invite my colleagues ume of analysis that had been done surance death spiral.’’ He said: here on both sides of the aisle to join that essentially supports the conclu- This could be a terminal problem for this me in the effort to repeal this legisla- sion that it doesn’t add up. We can’t program. The program is intended to be ac- tion. I introduced a bill, along with make the math work. I think that is tuarially sound, but at first glance this goal Senator GRAHAM, back in April of this something that hopefully my col- may be impossible. The resulting premium year that would repeal the CLASS Act. increases required to prevent fund exhaus- leagues, as what we know now, will It has 32 cosponsors. I hope we get recognize; that we ought to eliminate tion would likely reduce the number of par- ticipants, and a classic assessment spiral or enough cosponsors here in the Senate and we ought to repeal this CLASS Act insurance death spiral would ensue. to where we can put an end to this once once and for all. That is something I That was in May 2009. In May 2009, and for all. tried to do as we were debating the that warning was coming from the Ac- We are going to be looking for oppor- health care bill almost 2 years ago. I tuary at HHS. tunities to do that in the weeks and offered an amendment in December of Some time passed. This continued to the months ahead because, as I said, 2009 that would repeal the CLASS Act, be part of the discussion with regard to this is something that clearly does not believing at the time it wasn’t going to the health care bill. Come August or work. It now not only has all the argu- work. We had, at that time, plenty of July of 2009—and this was again after ments that were being made at the evidence to that effect. Unfortunately, additional analysis, review, and exam- time prior to its passage, but subse- it was included as a part of the health ination of this particular proposal—the quent to its passage all the analysis care reform bill to help pay for it. At Actuary went on to say: that has been done comes to the same that time, it was estimated it would Thirty-six years of actuarial experience conclusion; that is, the numbers just generate about $70 billion in revenue to lead me to believe that this program would do not add up. be used to offset the cost of the health collapse in short order and require signifi- What does that mean for the future care bill or at least to put it in balance cant Federal subsidies to continue. of long-term care? I submit there are and to claim there was some deficit re- It would collapse in short order. That other things we should do. I don’t duction associated with it. is what was said by the HHS Actuary think this is an issue which is going to I think the more recent estimate of in July of 2009. go away. We have more people who are what it would generate in terms of rev- So they continued to plow forward, living longer in this country. Long- enues in the early years is on the order thinking that somehow they were term care is a very serious issue. But of about $86 billion. But we—those of going to be able to salvage this pro- going about it and trying to fix it in a us who have been skeptics about this gram, figure out a way to make it way that would burden future genera- program—suggested at the very begin- work. tions with more and more mountains of ning that this was not, in fact, the In the August and September time- debt piled on their backs—the cost of case, that it was a budgetary gimmick, frame of 2009, the Actuary again says: this over time—is the wrong way to go and that it was going to saddle the Na- As you know, I continue to be convinced about it, and that is precisely what tion with additional debts. That was that the CLASS proposal is not actuarially this particular approach would do. what the Congressional Budget Office sound. We have had many discussions about concluded. There would be revenue in That was the expert advice that was various remedies for the long-term the early years, but as you got into the given to the administration about this care issue. We will continue to put our outyears, as the premiums came in proposal way back in 2009. Yet they ideas forward in hopes we can address there would be some revenues, but in plowed ahead and in December 2009 it as part of some bill that would take the outyears, when the demands on the added it to the health care bill, assum- a look and examine these issues but do program started to come in, it just ing it would help offset the cost of that it in a way that is fiscally responsible, didn’t add up and would add signifi- health care legislation. fiscally sound, that is actuarially cantly to the Federal deficit. I think At the time, many of my colleagues sound, and that does not create the that is a conclusion now that has been here on the floor talked about what a massive amount of borrowing, the mas- drawn even by those who supported the great program it was and how it all sive amount of debt, and that does not program. was going to pay off and was all going put in place a flawed program that we So my thinking at this time is that to balance out. We had people say it knew at its inception was not going to we, as a Senate—and hopefully the was a critical program, it was a break- work. House of Representatives—ought to through program, it was a win-win. We I hope we will put an end to this, that move to repeal the CLASS Act once had Democrats come over here and we can get colleagues on both sides to- and for all. We should not leave this on talk about the virtues of this pro- gether to agree to that, and that we the books and allow it to become an gram—I believe knowing full well there will be able to add cosponsors to that opportunity at some point in the fu- were questions about it. piece of legislation and look for the ture for someone to say we ought to Having said that, there was a big first opportunity to repeal this legisla- try to reactivate this or implement push on at the time to pass health care tion and make sure we end it once and

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.005 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6706 CONGRESSIONAL RECORD — SENATE October 19, 2011 for all, knowing full well this was ill- with zero economic analysis from the ward to being back on the floor later conceived and ultimately would be a Department despite the major impacts today to offer an amendment to that failed program. it could have on the agricultural econ- bill regarding watershed rehabilitation I yield the floor. omy. and also at that time to speak in re- The ACTING PRESIDENT pro tem- For months, USDA denied that this gard to what I view as some crazy ideas pore. The Senator from Kansas. would be an economically significant that are proposed School Lunch Pro- Mr. MORAN. I ask unanimous con- rule, until multiple private sector stud- gram regulations. sent to address the Senate for up to 10 ies and overwhelming comments from The ACTING PRESIDENT pro tem- minutes. agricultural producers and others, such pore. The Senator from Maryland. The ACTING PRESIDENT pro tem- as those in my home State of Kansas, f pore. Without objection, it is so or- finally convinced the USDA this rule dered. would indeed have a significant eco- ANTHRAX ATTACKS f nomic impact. Private analysis at that Mr. CARDIN. Madam President, I time indicated that these GIPSA regu- rise to remember the 10th anniversary GIPSA lations, if finalized as proposed, would of the anthrax attacks on our country. Mr. MORAN. I am here today, as we cost the U.S. meat and poultry indus- During the weeks following the ter- debate H.R. 2112, the Agriculture, try nearly $1 billion. rorist attacks of September 11, 2011, Rural Development, Food and Drug Ad- Under this pressure, the Department our Nation was exposed to chemical ministration, and Related Agencies Ap- of Agriculture is now conducting an warfare for the first time. propriations Act, to address a par- economic analysis. While I certainly Two anthrax attacks were delivered ticular provision that, in my view, welcome that economic analysis, I am through our country’s postal system. needs to be addressed. I also hope to very concerned about whether this The first set of letters was mailed to have the opportunity later today to analysis will be made public before a media outlets, including ABC, CBS, offer an amendment regarding the Wa- final rule is announced and whether NBC, the National Enquirer, and the tershed Rehabilitation Program and to the public will be able to analyze and New York Post in September. allocate some additional funds for that comment on the data and methodology Three weeks later, two other anthrax program, and I hope to have the chance used by USDA to complete the study. letters were mailed to U.S. Senators— to speak during the debate on this bill In fact, I asked the Secretary of Agri- Senator Daschle and Senator PATRICK on the proposed school lunch regula- culture, during an agriculture appro- LEAHY. The letter to Senator LEAHY tions the Senator from Maine has so priations subcommittee hearing, if he never made it to Capitol Hill. The en- appropriately addressed previously. would release that economic analysis velope addressed to Senator Daschle, At this time, I would like to turn my before the comment period concluded however, was opened on October 15 in attention to a problem with the pend- or open a comment period after the the Hart Senate Office Building in the ing legislation; that is, its failure to analysis is complete so people can mailroom of the office I use today. address the proposed rule titled ‘‘Im- make comments based upon what the Emergency responders rushed to join plementation of Regulations Required economic analysis demonstrates. Cer- Capitol Police to evaluate the situa- Under Title XI of the Food, Conserva- tainly, in my view, the Secretary failed tion and determine the extent of con- tion, and Energy Act of 2008; Conduct on a number of occasions to answer my tamination. in Violation of the Act,’’ commonly question and give me that commitment It was 10 years ago this week on Oc- known as the GIPSA rule. This pro- that the process would be open and tober 17, 2001, the Capitol was evacu- posed rule has the potential to ad- transparent and that a comment period ated. At that time I was a Member of versely affect livestock producers in would occur. the House of Representatives. I remem- my State and around the country, as I sincerely believe it is incumbent ber the fear and trepidation all Ameri- well as consumers of meat products. upon this Congress to exercise its over- cans felt in the days and weeks fol- The House included a funding limita- sight discretion and direct the nec- lowing September 11. tion on implementation of this rule in essary transparency and thoughtful I take this time to honor the courage its appropriations bill. That is not in- analysis that USDA to date has not of our Nation’s Federal employees. Two cluded in the Senate version of the bill. publicly provided. We need time to made the ultimate sacrifice, dying I am a member of the agricultural ap- study and comment on the method- from the exposure of the deadly an- propriations subcommittee and believe ology, and we need to make sure we get thrax toxin at the postal facility that that, in this case, the House is correct. these rules right if they are going to be handled all the mail that came to the Initially, this rule that the Depart- implemented. It would be irresponsible Senate and House offices. U.S. postal ment of Agriculture is proposing grew to not adjust the rules to mitigate a workers Thomas L. Morris, Jr. and Jo- out of the 2008 farm bill. As a Member negative economic impact determined seph P. Curseen, Jr. gave the ultimate of the House of Representatives back by the Department’s own economic sacrifice after being exposed to the in- then, I was a member of the conference analysis. fected Senate mail while they worked committee that developed that farm As I mentioned, the House included a in the Brentwood post office facility bill. It directed the Department of Ag- provision barring funding for the cur- here in Washington, DC. riculture to issue regulations in five rent proposed GIPSA regulations, and Mr. Morris and Mr. Curseen were very discrete areas. USDA should be delayed from going Maryland residents. Like so many In June 2010, the Department of Agri- forward until it can limit itself to the other Federal employees, they went to culture responded with the issuance of five areas set forth in the farm bill—its work every day, serving the American its proposed GIPSA regulations that congressional authority—and until people and trying to earn a living for clearly went way beyond the mandate public comments can occur regarding themselves and their families. Less of that 2008 farm bill and way beyond that economic analysis. We ought not than a week after being exposed to the the Department of Agriculture’s au- have a final rule without the benefit of deadly anthrax at the mail facility, thority under the Packers and Stock- the economic analysis. The Depart- both men died of their exposures. yards Act. The GIPSA rule as written ment of Agriculture should not just be The Brentwood postal facility, which is exactly the type of burdensome regu- going through the motions because was shuttered for months while the lation that was the focus of our Presi- there was insistence that an economic building was disinfected, now proudly dent’s January 18 Executive order. analysis occur. We need to be able to bears their names, honoring two Fed- In addition to the Executive order, mitigate any negative impacts that we eral employees who died doing their the President promised to have a very learn from that economic analysis. jobs. transparent and open administration in Madam President, I appreciate the Literally thousands of other Federal regard to the development of rules. Un- opportunity at this point in the day to employees bravely went back to work, fortunately, the process surrounding address an issue that is appropriate as making sure our government continued the GIPSA rule has been far from we discuss the agricultural appropria- to function in the most uncertain of transparent. This rule was proposed tions bill throughout today. I look for- times. While most Federal workers

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.006 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6707 crammed together in small makeshift Curseen, Jr. who gave their lives while government regulation while allowing office space, other brave Federal em- engaged in public service. Today I sa- businesses to create more jobs. That is ployees put themselves in harm’s way lute those Federal employees who the direction we need to head. It gives trying to contain the spread of the risked their own lives so that the legis- greater flexibility to businesses to pro- weaponized spores and to clean up the lative branch of the greatest govern- ductively use public lands. It facili- deadly bacteria. ment on Earth could continue, and tates outdoor recreation, and it en- It has been fashionable of late to those who continued to work every day dorses responsible use of our natural criticize the Environmental Protection in the face of grave danger and uncer- resources. Agency, but I remind everyone that tainty. Today I simply want to give a Often, ski areas are located on Na- members of the EPA’s region 3 led the heartfelt thank you to all of America’s tional Forest lands through the use of emergency response efforts following Federal employees. You recognize that permits issued by the Federal Govern- the anthrax attacks. They were joined public service is an honorable calling ment that spell out what activities are by a small army of other EPA emer- and you work every day to keep this allowed. But under the existing law— gency responders from around the Nation the great Nation it is. although we are going to change the country who responded to the call for With that, let me once again thank law given what we did last night—the extra personnel to manage the massive our Federal workforce and what they National Forest Service limits ski area decontamination efforts. do for our country. permits primarily to ‘‘Nordic and Al- The EPA’s headquarter staffers were I suggest the absence of a quorum. pine skiing.’’ This is the phrase used in fully engaged as well. The EPA na- The ACTING PRESIDENT pro tem- Federal regulation. But the classifica- tional pesticide program worked quick- pore. The clerk will call the roll. tion I mentioned doesn’t reflect the ly to develop new methods necessary to The legislative clerk proceeded to full spectrum of snow sports or the use wipe out the anthrax. Scientists call the roll. of ski areas for nonwinter activities. worked primarily out of EPA’s pes- Mr. UDALL of Colorado. Madam For example, the word ‘‘snowboarding’’ ticide lab, which is located 20 miles President, I ask unanimous consent is not used in the law, even though we know snowboarding now exists in every away in Fort Meade, MD. that the order for the quorum call be single ski area across the country. So It was not just EPA employees who rescinded. answered the call to duty. Capitol po- The ACTING PRESIDENT pro tem- the problem with that regulation is it lice were the first ones to respond, and pore. Without objection, it is so or- has created uncertainty for both the foresters and the skiers as to whether they continued to provide protection to dered. now other activities, particularly those legislative branch employees as well as f in the summer, can occur in permitted the emergency responders and the pub- SKI AREA RECREATIONAL areas. In effect, ski areas on National lic. The Department of Defense lent its OPPORTUNITY ENHANCEMENT ACT Forest lands are restricted to winter expertise. As the cleanup progressed, Mr. UDALL of Colorado. Madam recreation as opposed to year-round recreation. One only has to imagine thousands of tests were taken and then President, I have come to the floor this what will happen when we open ski sent to Fort Detrick in Maryland morning to talk about the most impor- areas to year-round recreation. We will where chemical weapons specialists tant issue facing our country and our create opportunities for businesses to analyzed samples and reported results people; that is, jobs and job creation. expand and openings for new businesses to the emergency command center. De- In a bit of good news last night, over- to explore previously restricted ven- fense Department personnel were also coming 18 months of obstacles in the tures. Colorado ski resorts have told engaged in the decontamination ef- Senate, the Senate passed my Ski Area me they will be able to create more forts, working side by side with EPA Recreational Opportunity Enhance- jobs this year when they are given ment Act that will help expand eco- emergency responders. more flexibility, and Colorado’s ski The photos I brought to the floor nomic opportunities in many of our towns have said the same to me, so it today show some of the emergency re- mountain resort towns in Colorado. It is just plain common sense. sponders wearing specialized protective will also help create jobs throughout The Ski Area Recreational Oppor- gear, working on the decontamination the rest of the country in States such tunity Enhancement Act clarifies how of Senator Daschle’s office. Each desk, as the Presiding Officer’s, New York, ski area permits can be used. It ensures chair, filing cabinet, and piece of paper which has a robust ski industry, as our that ski area permits can be used for in the office was removed. The last State does. additional snow sports such as item to be removed from room 509 at I wish to acknowledge Senators BAR- snowboarding, as well as specifically the Hart Building was an American RASSO of Wyoming and RISCH of Idaho. authorizing the Forest Service to allow flag that hung in Senator Daschle’s They have been tremendous partners in additional recreational opportunities, front office. Emergency responders are this effort, both in this Congress and in such as summertime activities, in seen here folding the flag that was the last one. I thank them upfront for these permitted areas. placed in a special sealed bag and sent their leadership in pushing for passage Let me note that the authority—this off to be decontaminated. Countless of this important piece of bipartisan expanded authority—is limited. It employees at the Sergeant at Arms, legislation. doesn’t give ski areas carte blanche use the Architect of the Capitol, and Sen- Even though our economy is showing of public lands. The primary activity in ate and House staffers continued the some signs of recovery, there is still a the permit area must remain skiing or business of running our government long way to go. This is especially true other snow sports. and the legislature. It was critical that in rural communities that are dotted We want to preserve the unique char- Congress continue to function, dem- all over my State of Colorado. I know acteristics of our world-renowned onstrating to the Nation and the world this question of job creation is on the mountain communities. Therefore, cer- that terrorist attacks could not cripple forefront of the minds of all my col- tain types of development—water the institution of democracy. leagues. It is on the minds of Colo- parks, amusement parks, and other ac- Other Federal employees put them- radans wherever I am in the Centennial tivities that require new and intrusive selves in harm’s way during and after State. So the action we took last night structures—are prohibited. Rather, we the anthrax attacks. These Federal em- not only represents a major step for- envision opening opportunities for zip ployees worked hard to do what many ward in our efforts to create jobs, it is lines, mountain bike terrain parks, thought impossible, putting public a reminder to the American people Frisbee golf courses, ropes courses and buildings back into use after a chem- that we can work together on common- activities that are similar. As I men- ical attack. At great risk to them- sense, job-creating legislation. tioned, not only will they increase eco- selves, they bravely met the challenges Let me speak a little bit about the nomic activity and create new jobs, the to ensure our government continued to bill we passed last night. It is narrowly ski areas tell me it will actually help function. tailored, it is pragmatic, it is bipar- them recruit more Americans for jobs Today I honor the memory of Thom- tisan, it doesn’t cost one dime to the that currently go to foreign visa hold- as L. Morris, Jr. and Joseph P. American taxpayers, and it reduces ers.

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.008 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6708 CONGRESSIONAL RECORD — SENATE October 19, 2011 Many Coloradans would love to work the rural communities in which ski areas are Pending: year-round in and around our moun- located. Reid (for Inouye) amendment No. 738, in tain communities, but they are forced The ski areas have been great part- the nature of a substitute. to take other jobs that can ensure ners in this effort, and I cannot wait Reid (for Webb) modified amendment No. them year-round employment. Subse- for President Obama to sign this im- 750 (to amendment No. 738), to establish the quently, our ski areas often recruit portant legislation into law so they National Criminal Justice Commission. can begin immediately creating the Kohl amendment No. 755 (to amendment visa holders to run the lifts, work in No. 738), to require a report on plans to im- the resorts, and cover the winter important and well-paying jobs Ameri- plement reductions to certain salaries and months because they oftentimes can’t cans are desperately waiting for. expenses accounts. recruit locals for such short-term em- At a time when it seems as though Durbin (for Murray) amendment No. 772 (to ployment. In effect, this bill we passed Congress is too wrapped up in partisan amendment No. 738), to strike a section pro- last night will help create year-round wrangling to find commonsense ways viding for certain exemptions from environ- demand in our mountain communities to create jobs, this is a remarkable mental requirements for the reconstruction and provide the year-round employ- achievement. It signals to job seekers of highway facilities damaged by natural dis- everywhere that not only are we capa- asters or emergencies. ment that Coloradans need. This is a McCain amendment No. 739 (to amendment win-win situation. ble of finding creative ways to create No. 738), to ensure that the critical surface For those who earn a job because of jobs, but that when we put our minds transportation needs of the United States this bill, it will be very welcome news to it, we can set aside our differences are made a priority by prohibiting funds from a Congress they see as increas- and work together. from being used on lower priority projects, ingly ineffective and disengaged. I hope this bipartisan action will such as transportation museums and land- As I have implied and said already, I catch on and that we can continue to scaping. represent a State where the use and chip away at both our unemployment McCain amendment No. 741 (to amendment the enjoyment of the outdoors is just numbers and our record of partisan No. 738), to prohibit the use of appropriated dysfunction. funds to construct, fund, install or operate who we are. It is why we live in Colo- certain ethanol blender pumps and ethanol rado. One could say it is in our blood, Here is what is most important to storage facilities. but it is also in our wallets. Tourism note: The outdoor recreation industry Sanders amendment No. 816 (to amend- and outdoor recreation is the No. 1 eco- is a part of our economy across our ment No. 738), to provide amounts to support nomic driver for our State. Activities country and there is very significant innovative, utility-administered energy effi- such as hiking, skiing, shooting, and growth occurring. So this is an impor- ciency programs for small businesses. angling contribute over $10 billion a tant achievement because we have been Landrieu amendment No. 781 (to amend- year to our economy, supporting over tied up in partisan knots. We showed ment No. 738), to prohibit the approval of last night we can actually do some- certain farmer program loans. 100,000 jobs and generating $500 million Vitter amendment No. 769 (to amendment in State tax revenue. thing on behalf of the American people No. 738), to prohibit the Food and Drug Ad- This is not limited to Colorado. The that will help create jobs. ministration from preventing an individual Outdoor Industry Foundation found I wish to particularly acknowledge not in the business of importing a prescrip- that outdoor recreation activities add the staff who worked so hard on this tion drug from importing an FDA-approved over $730 billion to the national econ- piece of legislation. Scott Miller, a prescription drug from Canada. omy every year. In fact, during this longtime staffer on the Energy and Coburn amendment No. 791 (to amendment time of economic uncertainty, outdoor Natural Resources Committee, worked No. 738), to prohibit the use of funds to pro- tirelessly, as did a former staff member vide direct payments to persons or legal en- recreation and tourism are two very tities with an average adjusted gross income bright spots in our economy. Perhaps of mine, Doug Young, who now works in excess of $1 million. most important, this is an area of our for the Governor of Colorado, John Coburn amendment No. 792 (to amendment economy that continues to grow. It has Hickenlooper. We began this work in No. 738), to end payments to landlords who grown by more than 6 percent in just the House of Representatives, where are endangering the lives of children and 2011, and it has outpaced U.S. economic the Presiding Officer and I both served. needy families. growth more generally. I wish to thank also, in special fashion, AMENDMENT NO. 739 More Americans are spending time Wendy Adams and Stan Sloss, who per- The ACTING PRESIDENT pro tem- outside, enjoying nature and getting severed time and time again as we pore. Under the previous order, the exercise. I have long felt it is in the fought through a series of procedural time until noon will be equally divided National interest to encourage Ameri- holds and other setbacks. While eco- between the Senator from Arizona, Mr. cans to engage in outdoor activities nomic challenges still face our coun- MCCAIN, and the Senator from Cali- that can contribute to our health and try, this is a positive step forward. fornia, Mrs. BOXER, or their designees. wellbeing. But as Americans enjoy re- I wish to thank all my colleagues for The Senator from California. creating outdoors, they are also sup- supporting me in this effort. Mrs. BOXER. Madam President, I ask porting a large and growing industry of I yield the floor. unanimous consent that the final 10 supply stores, manufacturers, guides, f minutes of debate prior to noon on the hotels, and other important businesses CONCLUSION OF MORNING McCain amendment No. 739 be equally that are the backbone of many rural BUSINESS divided between Senator MCCAIN and communities. myself or our designees. Ski resorts are a major component of The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- this economic sector in Colorado, many pore. Morning business is closed. pore. Without objection, it is so or- western states, and, indeed, many f dered. places throughout the country. This AGRICULTURE, RURAL DEVELOP- Mrs. BOXER. To lead us off on this bill is a huge priority for them and its MENT, FOOD AND DRUG ADMIN- very important amendment and to ex- passage—while long overdue—is truly a ISTRATION, AND RELATED plain why it is important to not sup- remarkable move that will help job AGENCIES APPROPRIATIONS ACT port the McCain amendment is a senior creation all across the country. OF 2012 member of the Environment and Public Michael Berry, president of the Na- The ACTING PRESIDENT pro tem- Works Committee and a great member tional Ski Areas Association, said it of that committee and a great sup- best when he noted: pore. Under the previous order, the Senate will resume consideration of porter of the environment and trans- Ski areas serve as a portal to the country’s H.R. 2112, which the clerk will report portation, Senator CARDIN of Mary- national forests. Bringing summer and year- land. I yield him 6 minutes. round recreation to rural communities is the by title. The legislative clerk read as follows: The ACTING PRESIDENT pro tem- No. 1 priority in Washington for ski areas pore. The Senator from Maryland. today. We are anxiously awaiting to plan and A bill (H.R. 2112) making appropriations implement year-round operations at ski for Agriculture, Rural Development, Food Mr. CARDIN. Madam President, I areas, create year-round jobs and encourage and Drug Administration, and Related Agen- thank Senator BOXER for her extraor- more kids and families to enjoy the great cies Programs for the fiscal year ending Sep- dinary leadership as chair of the Envi- outdoors. All of this will of course benefit tember 30, 2012, and for other purposes. ronment and Public Works Committee.

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.009 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6709 She has stood for legislation that will to be able to provide the whole array of important program, and it would have allow us to rebuild our roads, our transportation options. It is a very far-reaching and unintended con- bridges, our infrastructure in this small part of the overall transpor- sequences. country, to create jobs, and make tation budget. It provides those en- By prohibiting any funds to be used America competitive. hancements that the traveling public on these activities that Senator I rise to oppose the McCain amend- wants and needs. It creates jobs, and it MCCAIN has singled out, this amend- ment, and I will give three reasons allows for greater public safety. ment actually eliminates the flexi- why: First, jobs; secondly, the trans- So for all those reasons, I urge my bility of our States and prevents them portation enhancement programs help colleagues to reject the McCain amend- from spending funds on activities our traveling public. It is what they ment. which are necessary to construct and want, what they need; third, there is a With that, I suggest the absence of a maintain our highway system. safety issue. quorum. So even setting aside the loss of jobs First, on jobs. Let me point out that The ACTING PRESIDENT pro tem- that would incur as a result of the the Transportation Enhancements Pro- pore. The clerk will call the roll. McCain amendment, let me tell you gram represents 1.5 percent of the an- The legislative clerk proceeded to the other unintended consequences. nual Federal surface transportation call the roll. But maybe Senator MCCAIN intended funds—1.5 percent—a relatively small Mr. CARDIN. Madam President, I ask that there would be fewer jobs. But I amount of money of the total pie. But unanimous consent that the order for am assuming he did not intend, for ex- it is interesting that the projects fund- the quorum call be rescinded. ample, this kind of a situation. ed by the Transportation Enhance- The ACTING PRESIDENT pro tem- In the case of historic bridges, a ments Program actually yield more pore. Without objection, it is so or- bridge could be deficient, but under jobs per dollar spent than the funds dered. this amendment we could not fund a that are used for the traditional trans- Mr. CARDIN. Madam President, I ask rehabilitation project because the portation programs. So on a jobs basis, unanimous consent that during this de- bridge is historic. Because he says we we actually get more jobs from a lot of bate, all time that elapses during cannot spend any money on historic the projects that are in the Transpor- quorum calls be equally charged to sites, a regular fix to a bridge that hap- tation Enhancements Program. both sides of the debate. pens to be historic would not take Secondly, let me talk about the type The ACTING PRESIDENT pro tem- place. of programs involved. We are talking pore. Without objection, it is so or- I just happened to have finished a about bicycle paths. We are talking dered. book I strongly recommend: ‘‘The about when people travel on a road and Mr. CARDIN. With that, I yield the Great Bridge: The Epic Story of the there is a pulloff where one can safely floor and suggest the absence of a Building of the Brooklyn Bridge.’’ view the scenery. These types of quorum. What a story David McCullough tells. projects we are talking about could be The ACTING PRESIDENT pro tem- That bridge was built in the 1800s. It is jeopardized by the McCain amendment. pore. Without objection, it is so or- historic. Under the McCain amend- I know my colleague from Alaska dered. ment, they could no longer get funds. talked yesterday about the safety The clerk will call the roll. That is the unintended consequence be- issue, but let me underscore it. Today, The legislative clerk proceeded to cause it is historic. So even though it more accidents are caused from our pe- call the roll. is probably one of the heaviest traveled destrians and our bicyclists. They are Mrs. BOXER. Madam President, I ask bridges—and the Acting President pro on the rise. There are actually an in- unanimous consent that the order for tempore could attest to that—in our creased number of fatalities related to the quorum call be rescinded. Nation, imagine this amendment which cyclists and pedestrians. Fourteen per- The ACTING PRESIDENT pro tem- would not allow bridges such as this to cent of roadway fatalities involve cy- pore. Without objection, it is so or- get funded. It is a poorly drafted clists or pedestrians and two-thirds of dered. amendment. I do not know, maybe this these accidents occur on Federal high- Mrs. BOXER. Madam President, the was intended. I cannot imagine it was ways. Accidents involving pedestrians Transportation Enhancements Pro- intended, but this is the truth. This is and cyclists result in far more serious gram that the McCain amendment what would happen. injuries. While motorist fatalities are would essentially cripple was estab- We also have in this amendment a on the decline, pedestrian and cyclist lished in 1991 in a bipartisan transpor- prohibition on the use of funds for fatalities are on the rise. tation bill signed by President George landscaping, which is necessary to When we have a pulloff on a highway H.W. Bush, and it has been continued complete any Federal aid highway where someone can pull their car safely in subsequent bipartisan transpor- project in order to prevent erosion off in order to look at the vista, that is tation bills which passed in 1998 and along a highway. So I happen to be a the way it should be. In my own State 2005. person who believes, when we do a of Maryland, we are constructing the This program benefits all Americans project, it ought to look good, it ought Harriet Tubman scenic byway so peo- by making significant investments in to make people feel good. Landscaping ple can visit the Eastern Shore of safety, helping to reduce congestion, is important and it creates jobs and it Maryland and see firsthand where Har- expanding transportation choices, and cleans the air. OK. But setting all that riet Tubman operated the Underground it strengthens local economies, pro- aside, it is a safety question because a Railroad. These roads are county vides jobs, protects the environment. lot of times those plants will hold the roads. These are roads which are nar- This amendment eliminates seven of soil in place and stop erosion when we row and on which we have a lot of com- the activities eligible under the Trans- have strong and heavy rains. mercial traffic as well as people who portation Enhancements Program, and Yesterday, our friend from Alaska, just want to look at the scenes. The it prevents any funds from being spent Senator BEGICH, mentioned the Seward State of Maryland should have the on those activities. Highway outside Anchorage and how flexibility of using these transpor- Here is the thing about the TE Pro- scenic overlooks were added to provide tation enhancement funds in order to gram, the Transportation Enhance- a safe place for tourists to pull over. do what the traveling public wants ments Program: There are things in it Under the McCain amendment, as I un- them to do; that is, to provide a safe we need to reform. Senator INHOFE and derstand it, we could not spend money experience for the motorists to be able I, along with Senator VITTER and Sen- on scenic outlooks. But let me tell you, to enjoy our transportation highways. ator BAUCUS, are working very hard, in the case of this particular scenic That is what the Transportation En- and we have a bill, a bipartisan bill. outlook, it was necessary for safety be- hancements Program allows our States The Acting President pro tempore is a cause people were so inspired, before to be able to do. The McCain amend- proud member of our committee. We the scenic outlook, they would just ment would jeopardize those funds. are going to mark up that bill very pull over in a dangerous way, have no So the Transportation Enhancements soon. Yes, it needs reform. But this place to go, and it was not good for Program offers flexibility to our States amendment takes a meat ax to a very safety.

VerDate Mar 15 2010 00:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.010 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6710 CONGRESSIONAL RECORD — SENATE October 19, 2011 I wish to talk about the Transpor- portation reauthorization bill, which, think it is happening. It is real. So we tation Enhancements Program in Sen- as I said at the outset, is the proper ve- know we do not see eye to eye on that, ator MCCAIN’s State of Arizona. The hicle for such a policy change. and we have decided that is just a fact. demand is so strong from Arizona for I thought we had decided as a Sen- So we do not engage in long arguments these funds that Arizona submitted ate—Republicans and Democrats—we about it. We pursue our agendas, and three times what they were actually should not legislate on these bills. Sen- we try to get the votes. But on infra- able to get under the Transportation ator MCCAIN does not like seven things structure, he is one of the most con- Enhancements Program. For example, in the Transportation Enhancements servative, I am one of the most liberal in 2006, 72 applications requested $31 Program. Maybe I do not like two Members here. The fact is, there is no million in local project TE funding, but things or Senator GILLIBRAND may not daylight between us on infrastructure only $11 million was awarded to 24 like four things. It is not up to one col- because he believes that is one of the projects. league to stand here and decide, with- major functions of our government and In Safford, AZ, TE funds are being out any hearings or any discussion, I do, too, and it makes a lot of sense. used to improve five intersections and what they do not like in a particular the surrounding streetscapes along bill. I want to note the McCain amend- Main Street to provide safer means of I do not think that is the way we ment is opposed by the National Asso- travel for pedestrians. According to the should legislate, especially since the ciation of Counties, the American As- city of Safford, in Arizona, this project TE Program is run by the States. We sociation of State Highway Transpor- provides a viable transportation com- make the funds available. They decide tation Officials, the National League of ponent dedicated to pedestrian safety whether they want the funds for those Cities, the National Trust for Historic within the increased vehicle traffic on activities. They do not have to do it. Preservation, and the U.S. Travel Asso- Main Street. This downtown project to They do not have to take the funds. ciation. America does not support this improve safety, mobility, and com- They do not have to do any of the eligi- amendment. merce was supported by the town of ble projects. So it, at the moment, has This is a group of bipartisan organi- Thatcher, the Safford Downtown Asso- a lot of flexibility built in. As we re- zations. When you look at the National ciation, and the Graham County Cham- form in the next bill, we will look at Association of Counties, I started as a ber of Commerce. some of the areas where we think we county supervisor. You have Repub- Again, we have a situation where I can make this a better program. licans, Democrats, Independents, ev- Believe me when I tell you that Sen- believe this amendment has very ad- erything in between. verse consequences to our local people, ator INHOFE and I have been working to our States. very closely on this, along with Sen- Highway Transportation Officials is Right now, the way TE is in our ator VITTER and Senator BAUCUS. So completely nonpartisan. National bill—the old bill—it is up to the States we think we are going to have a very League of Cities, we have Republicans whether they want to do this. No one good reformed TE Program. This is not and Democratic mayors and councils; can force them to spend the money on the place to change a program that our National Trust for Historic Preserva- this. They have the flexibility. States like. They like it because it is tion, again a mixture of different So now seven ways of using these flexible. They like it because it has a views. And the U.S. Travel Association. funds would be taken away from the number of ways they can use the fund- I mean, I do not know how that breaks States. Let’s be clear on it. This is a ing. down, but it certainly is a bipartisan State decision how they spend this So we are going to have a bill. It is group. money. They do not have to take this called MAP–21, which stands for Mov- Please, I hope people will turn away ing Ahead for Progress in the 21st Cen- money. They make the decision them- from the McCain amendment. It is not selves. This amendment would take tury. It is going to have a lot of re- good for jobs. It is going to hurt jobs. away that ability. forms in it. It is going to consolidate a It is going to have the unintended con- There is also a prohibition on con- lot of programs. It is going to be a bill sequences of not allowing us to fix trolling outdoor advertising in the most of us can embrace and be happy McCain amendment. That means if a with. It is going to have a reform TE some of our most deficient bridges. It State wanted to remove outdoor adver- Program, and that is the way to do goes against the people we are sup- tising, they could not use any Federal this. There will be significant reform. posed to represent here, the people out funds to do it, and they could not effec- But it is not right, in my view—and we there on the ground: our county offi- tively control their advertising, which will see how the vote goes—for one cials, our State highway transpor- is required under current law. Again, Senator to say: I do not like seven tation officials, our city officials, and they are supposed to control outdoor things that are in this potpourri of those who work so hard to preserve the advertising, but the funds would not things we can use TE for, so I am say- history of this greatest Nation in the get to them to do that. I think if we ing we cannot do it. We cannot use the world. ask the average person, they want funds. We cannot turn our backs on historic their local people to have control over It is just not right, and I pointed out preservation. Otherwise we do not these things. So we need to defeat the how this is worded in such a fashion know what our past was. I cannot tell McCain amendment or table the that bridges such as the Brooklyn you how many mistakes were made in McCain amendment. Bridge and other historic bridges could California where in the early years we My friend from Arizona also is telling lose all their funding as a result of the did not realize what we were losing. us that 10 percent of surface transpor- way this is drafted. What people would give back to get tation funding goes to transportation So let’s turn away from this McCain back some of those old courthouses enhancements. That is not correct. The amendment. We know what works that were torn down—I cannot tell Transportation Enhancements Pro- around here. What works around here you—from the 1800s. And they could gram represents a tiny fraction of the is bipartisan cooperation, coordination. have been fixed up. But people did not Federal highway program—about 2 per- I see the Senator from Texas, Mrs. have the foresight. This McCain cent—not 10 percent, as my colleague HUTCHISON, in the Chamber. She works amendment would do real damage. JOHN MCCAIN said. Furthermore, the so closely with Senator ROCKEFELLER, The U.S. Travel Association, you seven activities prohibited by the and I will tell you what that means. It know, we are talking here about small amendment have represented less than means we have wonderful progress in businesses. We are talking about people 1 percent of the entire Federal highway the Commerce Committee, which we who work in recreation, in airline trav- program. would never have. Senator INHOFE and This amendment is making a dra- I work very closely in the EPW Com- el. They do not want to see this hap- matic and sweeping policy change in mittee. Everyone kind of smiles about pen, this McCain amendment. So I am what should otherwise be a clean ap- it because they know on the environ- assuming Senator MCCAIN will be here. propriations bill. It represents an issue ment side we do not work closely. That We have reserved the last 10 minutes we have been discussing at the EPW is true. We know that. He thinks global before noon. Committee for quite some time in the warming is the biggest hoax ever per- At this point I think I have said all I context of a multiyear surface trans- petrated on the American people. I can say to persuade my colleagues, who

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.015 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6711 I hope are listening in their offices, bridge in any State that is a danger for I yield the floor at this time and sug- that they should turn away from the the American people who are going gest the absence of a quorum. McCain amendment. across it. The ACTING PRESIDENT pro tem- I yield the floor and I would suggest Landscape and scenic beautification pore. The clerk will call the roll. the absence of a quorum. are nice things. But you know, when The assistant legislative clerk pro- The ACTING PRESIDENT pro tem- you are down making hard choices ceeded to call the roll. pore. The clerk will call the roll. about the things that are most impor- Mr. MCCAIN. Madam President, I ask The assistant legislative clerk pro- tant, that is not one of them. Historic unanimous consent that the order for ceeded to call the roll. preservation we cannot have as a pri- the quorum call be rescinded. Mr. COBURN. Madam President, I ority now. Rehabilitation and oper- The ACTING PRESIDENT pro tem- ask unanimous consent that the order ation of historic transportation build- pore. Without objection, it is so or- for the quorum call be rescinded. ing structures or facilities; we should dered. Mr. MCCAIN. Madam President, this The ACTING PRESIDENT pro tem- not, in fact, spend that money on ar- amendment is about white squirrel pore. Without objection, it is so or- cheological planning and research sanctuaries, museums, roadside land- dered. when, in fact, we have dangerous scaping, Lincoln highway, roadside mu- Mr. COBURN. Madam President, I bridges that people are coming across seums, antique bike collections—my wish to speak for a moment in regard every day. favorite is the National Corvette Mu- to amendment No. 739, which is Sen- Finally, although transportation mu- seum Simulator Theater. I will try to ator MCCAIN’s amendment. Senator seums are great, that cannot be a pri- go to that one, since my first purchase MCCAIN has been very careful with this ority today when we are borrowing $13 as a young naval officer was a wonder- amendment, to make sure, in terms of trillion every year to keep the trans- ful Corvette, which I remember with enhancements, that he excluded those portation trust fund at a level that will great affection. I would like to go back things that were most important to a not allow us to increase the level at lot of people in this country in terms of into their simulator theater. which we resolve these difficult Then, of course, there are wildlife alternate transportation. bridges. We cannot continue to borrow This amendment, which limits the echo passages. We have some great pic- that $13 trillion. So this is a common- tures here of some of the things. I expenditures, mandatory expenditures sense amendment. It is a modification think the squirrel sanctuary is good. on enhancements of the Highway Trust of what I have offered in the past. It is But one of my favorites is, of course, Fund money, does not include—in a smarter amendment. It is a better the roadside museum featuring a giant other words, it would not prohibit amendment. It still allows the bicycle coffee pot. I am a coffee drinker, so I funding for bicycle paths, or pedestrian community and the enhancements as- think a coffee pot is pretty nice. and bicycle facilities, pedestrian and sociated with that to continue. You know, we have some fun stuff bicycle safety, and education activi- I would remind my colleagues, the here. Here we have 60 antique bikes for ties, the conversion of abandoned rail- Federal Highway Administration obli- a bicycle museum. They paid $440,000 way corridors to trails, for either trails gated $3.7 billion in enhancement funds for 60 antique bikes for that museum. or bicycle paths. It would not prohibit for 10,857 projects between 2004 and Again, I think bicycle museums are funding for environmental mitigation 2008. nice. But it is also a fact that more of highway runoff pollution, reduce ve- That included $1 billion for signing, people travel over deficient bridges hicle-caused wildlife mortality, main- beautification, and landscaping. That every day—that is 210 million people— tain habitat connectivity, and it would billion dollars could have fixed well than go to McDonald’s. So we have not prevent funding for the acquisition over 5,000 bridges that are dangerous these projects here—and, obviously, of scenic easements and scenic or his- today. full disclosure, we picked some of the toric sites. I think Senator CARDIN There was $224 million on projects to more interesting and exciting ones to might have related something other rehabilitate and operate historic trans- get our colleagues’ attention. But the than that. I wanted to clarify that for portation buildings. Another 2,500 fact is that we have deficient bridges my colleague who cannot be here. bridges could have been fixed for that. and we have highways that need to be What a lot of Americans do not real- And $28 million to establish 55 separate repaired. ize is that we have several hundred transportation museums. What I am saying here is let the thousand bridges in our country that It is not about not wanting the States decide their priorities. Do not are substandard, in disrepair, or are at money to get out there, about tar- force the States to set aside 10 percent great risk for those who travel over geting the bicycle community—it is of their funding for these so-called them. And by mandating that 10 per- absolutely protected in this—but it is transportation enhancement activities. cent of highway funds have to be spent about ordering our priorities. If there If they want to have enhancement ac- on nonhighway needs, at a time when is anything we have not done a good tivities—and we do—I am so pleased, our country is running massive defi- job of in Congress over the last 10 or 15 when driving through Phoenix and cits, has almost $15 trillion worth of years, it is making hard choices about Tucson, to see the bougainvillea, the debt—as a matter of fact, we are in ex- what is a priority and what isn’t. I cactus, and other things that have been cess of $15 trillion worth of debt right think the vast majority of Americans built there and put in, which have been now, that we should make sure we only would think the safety of the bridges very helpful. But those decisions on apply those enhancements to the they drive across is more important those State highways were made by the things that are most specifically need- than any of these things Senator State of Arizona and the cities and the ed. MCCAIN is saying we are going to limit counties. We do have a commitment from Sen- in this bill. Instead, we have forced every State ator BOXER and Senator INHOFE that we Of the 604,000 bridges in the United in America to use 10 percent of their will have some flexibility with en- States in 2010, 24 percent of them are taxpayer dollars, which are in the form hancements in the future on the next deficient. This includes 69,000 that are of gasoline taxes, which were originally highway bill. What Senator MCCAIN is structurally deficient. In other words, put in to build the national highway trying to do here will legitimize that they have significant deterioration, system in America under the Eisen- and certainly does not harm the pur- and they have had to have load reduc- hower administration, which they pose of that. tion carrying capacity limitations pay—they pay that. At the same time, Basically what Senator MCCAIN’s placed upon them. And 77,410 bridges we have a situation, such as the deputy amendment would do, funding this bill are functionally obsolete; they don’t director in southern Nevada of the Ne- for 7 of the 12 transportation enhance- meet the criteria of design standards. vada Department of Transportation, ment activities, is it would prohibit These figures expose a nationwide saying: funding for scenic and historic highway problem of deficient bridges as well as It is really getting out of hand to where programs, including tourist and wel- the misplaced priorities of Congress. these pots of money have those constraints come centers. We should not be build- We need to fix this, and I am in support associated with them and you can’t spend ing a welcome center when there is one of the McCain amendment. money where you want to.

VerDate Mar 15 2010 02:15 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.017 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6712 CONGRESSIONAL RECORD — SENATE October 19, 2011 That is what this is all about. This is ment, Amtrak would not be able to op- ting out of hand to where these pots of a fundamental philosophical difference erate or rehabilitate any of them. Am- money have these constraints associ- that we have about where taxpayer dol- trak could not make any improve- ated with them, and you can’t spend lars should go and who decides. That is ments to stations to comply with ac- money where you want to. That is what this amendment is about. I want cess requirements for persons with dis- what this amendment is all about, my the mayor of Phoenix to decide where abilities under the Americans with Dis- friends. the money goes. I want the Depart- abilities Act. Amtrak could not even I have been engaged in many debates ment of Transportation in Arizona to operate in Union Station. on the floor of the Senate on various decide where the money is best spent. The amendment would also prohibit amendments, but to construe this very We should not be forcing people to the structural preservation and reha- short amendment as somehow inhib- spend money on things that are not bilitation of historic bridges, such as iting or harmful to the work that needs necessary anymore. the Brooklyn Bridge, or other covered to be done is obviously, in my view, I think a white squirrel sanctuary is bridges in the Northeast. fairly transparent and certainly not probably an important thing and squir- This amendment goes too far, and it applicable to this amendment. rel lovers all over America are over- is not appropriate for the Transpor- Madam President, how much time do joyed. But who loves this boulder? tation-HUD appropriations bill we are I have remaining? Really, $498,750 to beautify an inter- currently considering. So I urge my The ACTING PRESIDENT pro tem- change with decorative rocks? colleagues to oppose the McCain pore. Three minutes 22 seconds. It is not as if this money is spent in amendment. Mr. MCCAIN. If Senator INHOFE a vacuum. It is that we have to set pri- Again, I thank my colleague for would like to use that time, I would be orities. I want the States to set those yielding time to me. happy to yield to him. priorities, rather than them be man- The ACTING PRESIDENT pro tem- Mr. INHOFE. I have a parliamentary dated by some provision enacted in the pore. The Senator from Arizona. inquiry. Senate, which does not have a good Mr. MCCAIN. Madam President, I be- The ACTING PRESIDENT pro tem- handle on what those States’ priorities lieve I heard the Senator from Wash- pore. The Senator from Oklahoma. are. ington say that it would prohibit ac- Mr. INHOFE. It is my understanding I note the presence of the Senator tivities by Amtrak. I know of nothing that the last 10 minutes would be from Washington, who wishes to use a in this page-and-a-quarter amendment equally divided, but perhaps the Sen- few minutes in opposition to the that would in any way affect Amtrak ator from Arizona has already used amendment. I look forward to hearing or the Brooklyn Bridge. In fact, I maybe 2 of those minutes. Is that cor- her eloquent opposition. Maybe she would like for the money to be used to rect? I just want to be recognized for, will change my mind. repair bridges because there are so say, 6 minutes in opposition. I yield to the Senator from Wash- many thousands of bridges in the coun- The ACTING PRESIDENT pro tem- ington. try. There are 146,633 deficient bridges pore. Is this in addition to the 5 min- The ACTING PRESIDENT pro tem- in this country. I would hope the Sen- utes that the Senator was allocated, so pore. The Senator from Washington. ator from Washington would agree a total of 11 minutes of debate? Mrs. MURRAY. Madam President, I with me that deficient bridges are a Mr. INHOFE. Well, let me clarify. It would very much like to thank the threat and a danger. I believe it was in doesn’t make any difference to the Senator for yielding me time and will the State of Washington where one col- Senator from Arizona or to me how take just a couple minutes in rising to lapsed, as I recall. much time I have. I need to have about speak in opposition to the McCain So you can distort this amendment if 5 minutes to clarify a couple of things. amendment No. 739. you want to. You can say it would be Mrs. BOXER. Madam President, I am I believe the intent of my colleague the end of Western civilization as we happy to yield my 5 minutes to Sen- is to prohibit the use of funds commu- know it. You can say this will cause ir- ator INHOFE at the appropriate point. nities across the Nation use for reparable harm and damage. It doesn’t, Mr. INHOFE. I think the appropriate streetscaping and bike and pedestrian my friends. It doesn’t. It just says that time is here. paths and transportation improve- none of the amounts would be for sce- The ACTING PRESIDENT pro tem- ments that help separate motor vehi- nic or historic programs or tourist and pore. The Senator from Oklahoma. cles from local wildlife. welcome centers. And we are not pro- Mr. INHOFE. First of all, I disagree I believe communities should deter- hibiting these things from being built. with the Senator from Washington for mine for themselves, as they have done If the States want to build them, if the a different reason than the Senator for decades, how to use those funds. counties want to build them, if the cit- from Arizona disagrees with her. I And the proper place for updating these ies want to build them, let them do it. think his amendment goes too far—not laws would be in the reauthorization But right now we are mandating that just far enough but too far—and I think process. So I oppose the amendment on 10 percent of the money they get go to it is very important that people under- those grounds alone. certain purposes, which results in this stand. However, the amendment goes much outcome. Let me talk to the conservatives, let further than that. It actually prohibits So I say, with respect to my col- me talk to the Republicans, because the use of funds in the entire division leagues who are opposing this amend- this is certainly misunderstood. It C; that is, the Transportation, and ment, if my colleagues would like to wasn’t drafted that way to carry out Housing and Urban Development Ap- amend the amendment so that it the intent of the Senator from Arizona, propriations Act, for any landscaping doesn’t have the Draconian effects that I am quite sure. This amendment or historic preservation. So this im- are predicted here, I would be more doesn’t eliminate the mandate that pacts not just the Department of than happy to amend the amendment States have to spend 10 percent of their Transportation but also HUD. In par- to make sure that doesn’t happen. surface transportation funds on trans- ticular, it would prohibit cities and What I am trying to say and what this portation enhancements. towns from using their CDBG dollars amendment clearly says in its 10 lines Now, for clarification purposes, the for eligible activities, such as historic on the front and 4 lines on the back is 10 percent really is not represented preservation or basic landscaping or that we think these things are unnec- properly. It really should be 2 percent. streetscaping activities. essary in light of the fact that we have It is 2 percent of the State’s total high- It actually prohibits the use of funds so much infrastructure in need of re- way program. That happens to equal 10 for the rehabilitation or operation of pair. percent of the Surface Transportation historic transportation buildings, So, again, I had no contemplation Program. But let’s go ahead and use structures, and facilities. That would that civilization would be affected so the 10 percent. cripple Amtrak. There are over 126 sta- terribly by such an amendment which There are currently written into the tions that Amtrak services in 41 States would try to give the director of trans- law 11 eligible transportation enhance- that are on the National Register of portation in southern Nevada the abil- ment activities. There is not room to Historic Places. Under this amend- ity to be able to say: It is really get- put them all up, but we will put up this

VerDate Mar 15 2010 02:15 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.018 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6713 chart. What the Senator from Arizona the Transportation Enhancement Pro- EXECUTIVE SESSION is saying is that you still have to spend gram which would be included in the 10 percent of your surface transpor- next highway bill that the EPW Com- tation money on transportation en- mittee will be marking up next month. NOMINATION OF MARK RAYMOND hancements, but he is saying the I hope we will be marking this up next HORNAK TO BE UNITED STATES States have to use it on his transpor- month. These reforms would allow the DISTRICT JUDGE FOR THE WEST- tation enhancements. Those are the States to make a determination as to ERN DISTRICT OF PENNSYL- bike and pedestrian facilities, the bike how they want to spend their funds. VANIA and pedestrian safety, rails to trails. To go back to this 10 percent, the The bikers are going to be very happy idea behind this is this would increase NOMINATION OF ROBERT DAVID with this. They are the only ones com- what we are able to do and let the MARIANI TO BE UNITED STATES ing out ahead should this be passed. States have the discretion, so they can DISTRICT JUDGE FOR THE MID- Now, environmental mitigation in totally eliminate all enhancements. DLE DISTRICT OF PENNSYL- our law is restricted specifically to The States can do that. But they also VANIA wildlife, bridges and tunnels, and to would be allowed to use the 10 percent stormwater runoff enhancements. Now, of the surface transportation funding stormwater runoff is taken care of any- on the various programs that are out NOMINATION OF ROBERT N. way; these are the enhancements. there having to do with endangered SCOLA, JR., TO BE UNITED So what this amendment is saying is species and the burying beetle and all STATES DISTRICT JUDGE FOR that we are going to have to spend this that. That is where the problems really THE SOUTHERN DISTRICT OF 10 percent on bicycles and on various are. FLORIDA types of wildlife, bridges, and tunnels So I don’t think we should mistak- so that the turtles can get under the The ACTING PRESIDENT pro tem- enly vote for the McCain amendment pore. Under previous order, the Senate highways and not get run over, and and say to the people in this country: that is not what I know the Senator will proceed to executive session to You have to spend 10 percent of your consider the following nominations, from Arizona wants. surface transportation funds on these In other words, we are taking the which the clerk will report. four things. And again, the bikers The bill clerk read the nominations flexibility away from the cities, away would love the bike trails and all that, from the States, and saying to them: of Mark Raymond Hornak, of Pennsyl- but I don’t believe that is what we vania, to be United States District You have to spend your 10 percent, and should be doing here. you have to spend it on these four Judge for the Western District of Penn- I reserve the remainder of my time. things. I would just suggest to you that sylvania, Robert David Mariani, of in my State of Oklahoma, these are not The ACTING PRESIDENT pro tem- Pennsylvania, to be United States Dis- the four things on which we would pore. The Senator’s time has expired. trict Judge for the Middle District of want to spend it. I come down here all The Senator from Arizona has 2 min- Pennsylvania, and Robert N. Scola, Jr., the time, and there is this mentality utes 55 seconds. of Florida, to be United States District that we have in Washington: No idea is Mr. MCCAIN. Madam President, Judge for the Southern District of a good idea unless it comes from Wash- again, the question is, What do we do Florida. ington. Well, in my State of Oklahoma, with the money? And obviously, when The ACTING PRESIDENT pro tem- we have a great highway program. I taxpayers are told that, with 146,633 de- pore. Under the previous order, there want them to have the latitude to de- ficient bridges in this country, that we will be 10 minutes of debate, equally di- cide what is really best. don’t need to be spending it on the ex- vided in the usual form. Now, the chairman of the Environ- amples I have provided—I hope it is Who yields time? ment and Public Works Committee, well understood that if those projects The Senator from Pennsylvania. Senator BOXER, and I have disagreed on are felt needed by the States and the Mr. CASEY. Madam President, I rise environmental issues tooth and nail. counties and the elected officials in the to speak on both nominees. I will start We have fought with each other more States, then they should be able to go with Bob Mariani. And I refer to him than any two people on the floor of the ahead with them, but if they don’t that way because I have known him a Senate. She knows I have done every- choose to, they should also have the long time, but his full name is Robert thing within my power to do away with right not to. It is time some of this David Mariani. Bob Mariani is someone all transportation enhancement re- kind of stuff stopped. I know to be a person of not just high quirements. I have done this. I hope my colleagues will vote in intellect and ability but also someone If this amendment had eliminated favor of the amendment. with great integrity. the mandate that States spend 10 per- I yield the remainder of my time. Bob Mariani was born in Scranton, cent of their Surface Transportation Mr. INHOFE. I would ask the Chair PA—the same city in which I was born. Program funds on all transportation how much time I have remaining. I still live there and so does he. He re- ceived his law degree cum laude in 1976 enhancements, I philosophically would The ACTING PRESIDENT pro tem- from the Syracuse University School of have supported it. If the McCain pore. No time is remaining. amendment had said that we want to Law and also received his college edu- Mr. INHOFE. I ask unanimous con- do away with all transportation en- cation cum laude from Villanova Uni- sent that I have 30 seconds remaining. hancements, I would have philosophi- versity, graduating within the top 10 cally supported it. The problem with The ACTING PRESIDENT pro tem- percent of his class. He was ranked sec- that is we would not be able to get a pore. Without objection, it is so or- ond within his major field of study as highway bill done. dered. an undergraduate. I often say that I have been actually Mr. INHOFE. I only want to say that Bob Mariani is a well-respected law- ranked as the most conservative mem- I agree with everything the Senator yer and advocate in northeastern Penn- ber of the Senate probably more than from Arizona is saying in terms of the sylvania. He has received the highest anyone else, but I have also said I am bridges. I have fought for the bridges rating—well qualified—from the Amer- a big spender in two areas: No. 1 is na- and highways. ican Bar Association. He spent 34 years tional defense and No. 2 is infrastruc- I have tried my best to get rid of all as a civil litigator in Scranton, PA, ture. That is what I think we are sup- the enhancements—all of them. But to where he specializes in labor and em- posed to be doing here—roads and have an amendment that says to my ployment law. Since 2001, he has been bridges. State of Oklahoma: You still have to the sole shareholder in the law firm I am sure my colleagues will recall spend 10 percent of your surface trans- that bears his name. He was also the that during the debate on the exten- portation funds, but you have to spend sole proprietor of a similar law office sion of the highway bill last month, it on bike trails and turtle bridges, I that bears his name from 1993 to the Senators BOXER, COBURN, REID, and I think that is wrong. year 2001, and a partner as well in an worked out an agreement that reforms I yield the floor. earlier iteration of that law firm,

VerDate Mar 15 2010 02:15 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.020 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6714 CONGRESSIONAL RECORD — SENATE October 19, 2011 Mariani & Greco, from 1979 to 1993. Bob Hornak’s case—is public service, and both these nominees to arrive at a con- has taught labor law at Penn State with it comes the responsibilities and sensus position, and so I am grateful University and been an instructor at obligations of being a public servant. for Senator TOOMEY’s help, and grate- Penn State’s Union Leadership Acad- Both of these candidates understand ful for the work of his staff as well. emy Program, where he taught labor that—both Bob Mariani and Mark I yield the floor. law and collective bargaining. Hornak—and so I am honored to be Mr. LEAHY. Mr. President, the Sen- Bob has received a whole series of able to speak today regarding their ate will vote today on 3 of the 26 judi- commendations and awards that I nominations. cial nominations reported favorably by won’t list due to the time we have I would urge a ‘‘yes’’ vote on both the Judiciary Committee and still today, but probably the most impor- nominations. awaiting a Senate vote. All three of tant thing I could say about Bob—and I yield the floor. these nominations, two to Federal dis- I know I might be a little biased be- The PRESIDING OFFICER (Mr. trict courts in Pennsylvania and one to cause I know him and have great re- FRANKEN). The Senator from Florida. the Southern District of Florida, were spect for him—is that he is a person Mr. NELSON of Florida. Mr. Presi- reported unanimously by the Judiciary who will apply the law; who under- dent, we have a judge who will be in Committee before the August recess. stands when someone comes before front of the Senate, and it is my under- All three have the support of both him, they should be accorded basic standing it has been worked out that Democratic and Republican home State Senators. Two of them are to fill fairness no matter who they are, no there will be a voice vote. I want to judicial emergency vacancies. Senate matter what point of view, and no mat- thank the leadership of the appropriate Democrats were prepared to have votes ter where they come from. committee, the Judiciary Committee, on all three nominations 3 months ago I know integrity and commitment to for handling this with dispatch. In a when they were first reported to the public service—not just of the law but big-growth State such as Florida, Senate. I have heard no reason or ex- the public service a judge can provide— where there is such a caseload in the planation for why the Republican lead- are the values that will guide Bob Federal judiciary, when we have a va- cancy it needs to be attended to right ership refused until now to consent to Mariani as a judge, and so I am very votes on these nominations. away. happy we will be voting on his nomina- There is also no good reason or expla- Fortunately, the two Senators from tion. nation for the Republican leadership’s Florida have tried to take the politics Also today, we will be voting on the continued refusal to vote on the more confirmation of Mark Raymond out of the selection of judges by letting than two dozen nominations stalled be- Hornak. I have not known Mark as the interviewing process, the selection fore the Senate. With Republican long as I have known Bob Mariani, but process be done by a panel of promi- agreement, we could vote on all of I have known him for more than 15 nent citizens called a judicial nomi- them. Like the three nominations the years now. Mark is a native of Home- nating commission, and they rec- Senate considers today, 21 of the other stead, PA—southwestern Pennsylvania. ommended these three to the two Sen- judicial nominations pending on the By way of a quick summary of his ators. The Senators then interviewed calendar and still being delayed were educational background, he got his law them and let the White House know, reported unanimously by the Judiciary degree summa cum laude—the highest and the White House agreed—much to Committee. At a time when vacancies honors—in 1981 from the University of the credit of this White House—that on Federal courts throughout the coun- Pittsburgh Law School, graduating they would select from among those we try remain near 90, with over 10 per- second in his class. He was editor-in- submitted. Those we submitted are the cent Federal judgeships vacant, the chief of the University of Pittsburgh ones who came out of the judicial delays in considering and confirming Law Review. He got his college degree nominating commission. Thus was the these consensus judicial nominees is from the University of Pittsburgh as selection of Judge Robert Scola, whom inexcusable. well, and was a dean’s list student and we will confirm today, and who was The American people need func- member of the honor society there. nominated in May of this year. tioning Federal courts with judges, not His career has been varied and sig- Judge Scola received his bachelor’s vacancies. In his recent letters to the nificant as a lawyer and advocate. He from Brown University, went to Boston Senate majority leader and Republican has been a partner in the law firm of College for law school, and graduated leader, Bill Robinson, the president of Buchanan Ingersoll & Rooney since cum laude. He practiced law as a crimi- the American Bar Association, high- 1982. He has specialized in civil litiga- nal defense attorney representing indi- lighted the serious problems created by tion, labor and employment law, media viduals and corporations in both State these excessive vacancies, writing: defense and governmental representa- and Federal courts and then he spent 6 Across the nation, federal courts with high tion, and is a member of the firm’s ex- years working as a prosecutor in the caseloads and longstanding or multiple va- ecutive committee. Miami-Dade County State Attorney’s cancies have no choice but to delay or tem- He is the solicitor of the Sports & Ex- office. He was then appointed back in porarily suspend their civil dockets due to hibition Authority of Pittsburgh and 1995 by the Governor to the Eleventh Speedy Trial Act requirements. This de- prives our federal courts of the capacity to Allegheny County, and also has been Judicial Circuit Court bench, where he deliver timely justice in civil matters and very active in his community in Pitts- has sat as a State court judge all the has real consequences for the financial well- burgh. way up until today. He received his being of businesses and for individual liti- He also represents national tele- well-qualified rating from the Amer- gants whose lives are put on hold pending vision, radio, and publishing clients in ican Bar Association. resolution of their disputes. media litigation, including defamation, Certainly Senator RUBIO and I told Mr. Robinson is not alone. We re- first amendment and access issues, and the White House when we submitted cently heard from Justice Scalia, who in transactional matters. the names from the judicial nomi- testified before the Senate Judiciary Prior to joining the Buchanan Inger- nating commission that we agreed with Committee that the extensive delays in soll & Rooney firm, Mark served as law all of these nominees. So with this the confirmation process are already clerk to the Honorable James M. strong tradition of bipartisan support having a chilling effect on the ability Sprouse of the United States Court of for our judicial nominees, I bring to to attract talented nominees to the Appeals for the Fourth Circuit. the Senate’s attention for confirmation Federal bench. Chief Justice Roberts Mark also has a long list of honors Judge Robert Scola. has also described the ‘‘persistent prob- and achievements that I won’t list The PRESIDING OFFICER. The Sen- lem of judicial vacancies in critically today, but, again, he is someone who ator from Pennsylvania. overworked districts.’’ Justice Ken- has great integrity and ability and who Mr. CASEY. Mr. President, I rise for nedy has spoken about the threat to understands serving on the bench on a literally 30 seconds, because I failed, the quality of American justice. This is Federal district court—whether it is in when talking about both the Mariani not a partisan issue, but an issue af- the Middle District of Pennsylvania, as and Hornak nominations, to thank fecting hardworking Americans who in Bob Mariani’s case, or the Western Senator TOOMEY, my colleague from are denied justice when their cases are District of Pennsylvania, as in Mark Pennsylvania. We worked together on delayed by overburdened courts.

VerDate Mar 15 2010 02:15 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.022 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6715 Though it is within the Senate’s I have continued the practices I fol- twice as high with a vacancy rate of power to take significant steps to ad- lowed as chairman when President over 10 percent. dress this problem, refusal by Senate Bush was in office. In fact, when the This is not the way to make real Republicans to consent to voting even Kansas Senators reversed themselves progress. No resort to percentages of on consensus judicial nominations has and opposed a judicial nominee that nominees ‘‘processed’’ or ‘‘positive ac- kept judicial vacancies high for years. they had once approved, I honored tion’’ by the committee can excuse the The number of judicial vacancies has their change of position and did not lack of real progress by the Senate. In been near or above 90 for well over 2 proceed to a vote in committee on that the past, we were able to confirm con- years. A recent report by the non- nominee. sensus nominees more promptly, often partisan Congressional Research Serv- But it is wrong to suggest that the within days of being reported to the ice found that we are in the longest pe- Senate has achieved better results than full Senate. They were not forced to riod of historically high vacancy rates we did in 2001 through 2003. As I have languish for months. The American in the last 35 years. These needless pointed out, in the 17 months I chaired people should not have to wait weeks delays do nothing to help solve this se- the Judiciary Committee in 2001 and and months for the Senate to fulfill its rious problem and are damaging to the 2002, the Senate confirmed 100 of Presi- constitutional duty and ensure the Federal courts and the American peo- dent Bush’s Federal circuit and district ability of our Federal courts to provide ple who depend on them. court nominees. By contrast, after the justice to Americans around the coun- More than half of all Americans—al- first 2 years of President Obama’s ad- try. most 170 million—live in districts or ministration, the Senate was only al- All three of the nominations the Sen- circuits that have a judicial vacancy lowed to proceed to confirm 60 of his ate will vote on today were reported that could be filled today if the Senate Federal circuit and district court unanimously by the committee in Republicans just agreed to vote on the nominees. Indeed, as 2010 was drawing July. President Obama first nominated nominations now pending on the Sen- to a close, Senate Republicans refused Robert Mariani in December 2010 to fill ate calendar. As many as 25 States are to proceed on 19 judicial nominees that a judicial emergency vacancy in the served by Federal courts with vacan- had been considered and reported by Middle District of Pennsylvania. Mr. cies that would be filled by these nomi- the Judiciary Committee and forced Mariani has been a litigator in private nations. Millions of Americans across them to be returned to the President. practice for 35 years. For almost 20 the country are harmed by delays in It has taken the Senate nearly twice as years, he has managed his own law overburdened courts. The Republican long to confirm the 100th Federal cir- firm as a solo practitioner. Mr. Mariani leadership should explain why they will has the bipartisan support of his home not consent to vote on the qualified cuit and district court judge nominated State Senators, a Democrat and a Re- consensus candidates nominated to fill by President Obama as we had when publican. The ABA’s Standing Com- these extended judicial vacancies. President Bush was in the White mittee on the Federal Judiciary unani- Senator GRASSLEY and I have worked House. together to ensure that each of the 26 During the third year of President mously rated him ‘‘well qualified’’ to nominations on the Senate calendar Bush’s administration, the Senate con- serve, its highest possible rating. Mark Hornak is nominated to fill a was fully considered by the Judiciary firmed 68 of his Federal circuit and dis- Committee after a thorough but fair trict court nominees. Indeed, by mid- vacancy in the U.S. District Court for process, including completing our ex- October 2003, 63 judges had been con- the Western District of Pennsylvania. tensive questionnaire and questioning firmed. In contrast, this year the Sen- As with Mr. Mariani, both of Penn- at a hearing. In fact, all the nomina- ate has yet to confirm 50 of President sylvania’s Senators support Mr. tions reported by the committee have Obama’s judicial nominees—despite the Hornak’s nomination, which received not only gone through vetting by the fact that 26 have been ready for final the highest possible rating from the committee, but were vetted by the ad- consideration and approval and remain ABA’s Standing Committee on the Fed- ministration. The White House has stalled from confirmation by the Sen- eral Judiciary, unanimously ‘‘well worked with the home State Senators, ate. qualified.’’ Mr. Hornak has worked in Republicans and Democrats, and each For those who contend percentages private practice for 30 years in the of the judicial nominees being delayed are significant, I note that the Wash- Pittsburgh office of Buchanan, Inger- from a Senate vote is supported by ington Post reported this week that a soll & Rooney, where he is a member of both home State Senators. The FBI has lower percentage of President Obama’s the firm’s executive committee. He has conducted a thorough background re- nominees have been confirmed than served as a court-approved mediator view of each nominee. The ABA’s President Bush’s, with only 68 percent and special master in the Western Dis- Standing Committee on the Federal of President Obama’s Federal circuit trict of Pennsylvania, the district to Judiciary has conducted a peer review and district court nominees confirmed which he is nominated. Following his of their professional qualifications. compared to 81 percent of President law school graduation, he served as a When the nominations are then re- Bush’s. law clerk to Judge James Sprouse of ported unanimously by the Judiciary I think confirmations and vacancy the U.S. Court of Appeals for the Committee, there is no reason for numbers better reflect the reality in Fourth Circuit. months and months of further delay our Federal courts and for the Amer- We will also vote on the nomination before they can start serving the Amer- ican people. It is hard to see how the of Judge Robert Scola to fill a judicial ican people. Senate is supposed to be doing better emergency vacancy in the Southern Despite the damaging high vacancies when it remains so far behind the pace District of Florida. For the past 16 that have persisted throughout Presi- we set in those years. During President years, Judge Scola has served as a dent Obama’s term, some Republican Bush’s first 4 years, the Senate con- State judge in the Eleventh Judicial Senators have tried to excuse their firmed a total of 205 Federal circuit Circuit of Florida. He has been re- delay in taking up nominations by sug- and district court judges. As of today, elected to that position three times. gesting that the Senate is doing better we have almost 100 confirmations of Judge Scola previously spent 9 years in than we did during the first 3 years of President Obama’s circuit and district private practice as a criminal defense President Bush’s administration. It is court nominations to go in order to attorney, and 6 years as a State pros- true that President Obama is doing match that total during the next 12 ecutor in Miami-Dade County. The better in that he has worked more months. At this juncture in President ABA’s Standing Committee on the Fed- closely with home State Senators of Bush’s administration the Senate had eral Judiciary unanimously rated both parties. As I have noted, all of the confirmed 163 Federal circuit and dis- Judge Scola ‘‘well qualified’’ to serve, judicial nominees pending and being trict court judges, and the vacancy its highest rating. Judge Scola has the stalled on the Senate Executive Cal- rate was down to 5 percent, with 46 va- bipartisan support of his home State endar have the support of both home cancies. By contrast confirmations of Senators, a Democrat and a Repub- State Senators in every case. That was President Obama’s Federal circuit and lican. The Chief Judge for the Southern not true of President Bush and led to district court nominees total only 109, District of Florida, Judge Federico many problems. and judicial vacancies are now nearly Moreno, a President George H.W. Bush

VerDate Mar 15 2010 02:15 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.014 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6716 CONGRESSIONAL RECORD — SENATE October 19, 2011 appointee, wrote months ago to the of labor and employment law. His ex- There appears to be a sufficient sec- Senate to urge the speedy confirmation pertise includes collective bargaining, ond. of Judge Scola to address his court’s labor arbitration, and employee pen- The clerk will call the roll. overburdened schedule. I am glad we sion and benefits law under ERISA and The bill clerk called the roll. are finally able to consider his nomina- the Internal Revenue Code. Mr. Mr. DURBIN. I announce that the tion today. Mariani has practiced before Federal Senator from Wisconsin (Mr. KOHL) is I hope that in the weeks ahead we and State courts, the NLRB, the EEOC, necessarily absent. can build on today’s progress by con- and the Pennsylvania Human Rights The PRESIDING OFFICER. Are there sidering more of the nearly two dozen Campaign. He also serves as counsel to any other Senators in the Chamber de- well-qualified nominees still awaiting a the Northeast Pennsylvania School siring to vote? The result was announced—yeas 82, Senate vote. This is an area where the District Health Trust and the Berks nays 17, as follows: Senate must come together to address County School District Health Trust. [Rollcall Vote No. 169 Ex.] the serious judicial vacancies crisis on In addition to his practice, Mr. Mariani Federal courts around the country that also serves as an arbitrator, where he YEAS—82 has persisted for well over 2 years. We resolves complex labor disputes Akaka Graham Murkowski Alexander Grassley Murray can and must do better for the nearly through negotiation. 170 million Americans being made to Ayotte Hagan Nelson (NE) Mr. Mariani received a unanimous Baucus Harkin Nelson (FL) suffer by these unnecessary Senate ‘‘well qualified’’ rating from the Amer- Begich Hatch Portman delays. Bennet Heller Pryor ican Bar Association Standing Com- Bingaman Hoeven Mr. GRASSLEY. Mr. President, mittee on the Federal Judiciary. Reed Blumenthal Inouye Reid today the Senate will vote on three Boxer Isakson I had some initial concerns regarding Rockefeller more judicial nominations. With these Brown (MA) Johanns Mr. Mariani’s nomination. Mr. Mariani Rubio Brown (OH) Johnson (SD) votes, we will have confirmed 14 nomi- has expressed labor policy preferences Sanders nees this month and 52 nominees this Cantwell Kerry against at-will employment and in Cardin Kirk Schumer year. We continue to achieve great favor of card check for union employ- Carper Klobuchar Sessions Shaheen progress in committee as well. Eighty- ees. I asked him about these state- Casey Kyl four percent of the judicial nominees Chambliss Landrieu Snowe ments at his hearing and in followup Stabenow submitted this Congress have been af- Coats Lautenberg questions. Based on his responses, I am Cochran Leahy Tester forded hearings. Only 78 percent of willing to give him the benefit of the Collins Levin Thune President Bush’s nominees had hear- Conrad Lieberman Toomey doubt that he will be able to be fair and Coons Lugar Udall (CO) ings for the comparable time period impartial as a judge. during his Presidency. We have re- Corker Manchin Udall (NM) Robert N. Scola is nominated to be Cornyn McCain Warner ported 76 percent of the judicial nomi- U.S. district judge for the Southern Crapo McCaskill Webb Durbin Menendez nees, compared to only 71 percent of District of Florida, another seat Whitehouse President Bush’s nominees. In total, Feinstein Merkley Wicker deemed to be a judicial emergency. Franken Mikulski the committee has taken positive ac- Wyden Judge Scola earned his B.A. in 1973 Gillibrand Moran tion on 83 of the 99 nominees submitted from Stanford University and his J.D. NAYS—17 this Congress, or 84 percent. Overall, from Boston College of Law in 1980. we have confirmed over 70 percent of Barrasso Enzi Paul From 1980 to 1986, Judge Scola served Blunt Hutchison Risch President Obama’s judicial nominees as a prosecutor in State court. He Boozman Inhofe Roberts since he took office. Burr Johnson (WI) began with misdemeanor cases and fin- Shelby I will support the confirmation of Coburn Lee Vitter each of the nominees today. I have a ished with prosecuting first degree DeMint McConnell few words to say about each nominee. murder and death penalty cases. NOT VOTING—1 From 1986 to 1995, Judge Scola served Mark Raymond Hornak is nominated Kohl to be U.S. district judge for the West- as a criminal defense attorney. He practiced solo for most of this time. The nomination was confirmed. ern District of Pennsylvania. Mr. The PRESIDING OFFICER. Under Hornak graduated with a B.A. from the From 1992 to 1993, he joined two other attorneys in criminal defense. Judge the previous order, the motions to re- University of Pittsburgh in 1978, and consider are considered made and laid Scola specialized in criminal defense in with a J.D. from the University of upon the table and the President will Pittsburgh School of Law in 1981. He both State and Federal court. Governor Lawton Chiles appointed be immediately notified of the Senate’s began his legal career as a clerk for action. Judge Sprouse on the Fourth Circuit. Judge Scola to his current position as f Since his clerkship, the nominee has a circuit judge for the Eleventh Judi- spent his entire career at Buchanan In- cial Circuit of Florida in and for LEGISLATIVE SESSION gersoll & Rooney where he practices Miami-Dade County in 1995. Since then, The PRESIDING OFFICER. Under labor and employment law, rep- the circuit has elected and reelected the previous order, the Senate will re- resenting primarily employers and pub- him without opposition in 1996, 2002, sume legislative session. and 2008. He has served in the family lic agencies. f Mr. Hornak received a unanimous division, civil division, and has also ‘‘well qualified’’ rating from the Amer- served as an appellate judge for county AGRICULTURE, RURAL DEVELOP- ican Bar Association Standing Com- court and administrative law cases. MENT, FOOD AND DRUG ADMIN- mittee on the Federal Judiciary. Judge Scola received a unanimous ISTRATION, AND RELATED Robert David Mariani is nominated ‘‘well qualified’’ rating from the Amer- AGENCIES APPROPRIATIONS ACT to be U.S. district judge for the Middle ican Bar Association Standing Com- OF 2012—Continued District of Pennsylvania, a seat mittee on the Federal Judiciary. AMENDMENT NO. 739 deemed to be a judicial emergency. He The PRESIDING OFFICER. Under The PRESIDING OFFICER. Under received his A.B., cum laude, from the previous order, the Hornak and the previous order, there will be 2 min- Villanova University in 1972, and his Scola nominations are confirmed. utes of debate equally divided between J.D. from Syracuse University College The question is, Will the Senate ad- the Senator from Arizona, Mr. MCCAIN, of Law in 1976. Mr. Mariani began his vise and consent to the nomination of and the Senator from California, Mrs. legal career by practicing labor, em- Robert David Mariani, of Pennsyl- BOXER, or their designees. ployment, commercial, real estate, vania, to be United States District Mrs. BOXER. Mr. President, could we civil, and criminal law. During this Judge for the Middle District of Penn- have order? time, Mr. Mariani also served as the sylvania? The PRESIDING OFFICER. I ask for Solicitor to the Scranton-Dumore Mr. CASEY. Mr. President, I ask for order. Sewer Authority. the yeas and nays. Mrs. BOXER. The reason I asked for Beginning in 1980, Mr. Mariani dedi- The PRESIDING OFFICER. Is there a order is because this amendment af- cated himself to the exclusive practice sufficient second? fects each and every one of you and

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.014 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6717 your constituents. The McCain amend- Landrieu Murray Shaheen I met with six teachers recently from ment says to the States that they can- Lautenberg Nelson (NE) Stabenow Marion County. Some of them are spe- Leahy Nelson (FL) Tester not use a certain section of the trans- Levin Pryor Udall (NM) cial ed teachers. They like what they portation bill for several things, in- Lieberman Reed Warner do. They like teaching kids who have cluding scenic or historic highway pro- Menendez Reid Webb difficulty learning and have to be Merkley Rockefeller grams, including tourist centers, land- Whitehouse taught in a different fashion in order to Mikulski Sanders Wyden scaping, or scenic beautification, his- Murkowski Schumer get through to these kids. But they toric preservation, and it goes on. NAYS—39 showed me a cute little boy of 15 years The point I want to make is this Ayotte Hatch Paul old who has a three-word vocabulary. amendment is opposed by the National Barrasso Heller Portman He was tested in world geography and Association of Counties, the American Brown (MA) Hutchison Risch then the teacher was told she is a bad Association of State Highway Trans- Burr Johanns Roberts teacher because the child, who has a Chambliss Johnson (WI) Rubio portation Officials, the National Coburn Kyl Sessions three-word vocabulary, did poorly on League of Cities, the National Trust Corker Lee Shelby testing. for Historic Preservation, and the U.S. Cornyn Lugar Snowe This is insane, and it needs to be dis- Crapo Manchin Thune cussed in a rational fashion. We need to Travel Association. That is a non- DeMint McCain Toomey partisan list, and let me tell you why. Enzi McCaskill Udall (CO) have teachers involved in the process, The way this amendment is drafted, Graham McConnell Vitter for goodness’ sakes, principals, super- historic bridges could never even be re- Grassley Moran Wicker intendents. paired. The Brooklyn Bridge or other NOT VOTING—2 I have a letter here from the Amer- historic bridges could not be repaired Isakson Kohl ican Association of School Administra- and we could not control erosion. We The motion was agreed to. tors, the National Association of Ele- would have major problems. Mrs. BOXER. Mr. President, I move mentary School Principals, the Na- I move to table the McCain amend- to reconsider the vote, and I move to tional Education Association, the Na- ment. lay that motion on the table. tional School Boards Association, and The PRESIDING OFFICER. That mo- The PRESIDING OFFICER. Without the National Association of Secondary tion is not in order while time is re- objection, it is so ordered. School Principals, and they said: maining. The Senator from Iowa. We . . . hope that the important work of The Senator from Arizona has 1 UNANIMOUS CONSENT REQUEST—AUTHORITY FOR getting policy right will not be pushed to the minute. COMMITTEE TO MEET side in a race against the clock. . . . Mr. MCCAIN. Mr. President, I have Mr. HARKIN. Mr. President, I ask I feel pushed aside—an 868-page bill made the argument that these projects unanimous consent that the Com- and 48 hours to read it. It is wrong. All are unnecessary. We have tens of thou- mittee on Health, Education, Labor, I am asking for is a hearing to listen to sands of bridges that are deficient. We and Pensions be authorized to meet in teachers—should we not listen to the need to spend the money where it executive session during the session of teachers—a hearing to listen to the su- should be spent, and I hope my col- the Senate on Wednesday, October 19, perintendents, a hearing to listen to leagues will understand that this 2011, in Dirksen Room 106, for the con- the principals. Let them read the bill might have been appropriate some sideration of a bill to reauthorize the and find out what is in the bill. time ago, but in this day and age, with Elementary and Secondary Education I am not going to accept what NANCY our crumbling infrastructure, we need Act. PELOSI said: You can read about it to put the money in the right place. The PRESIDING OFFICER. Is there after the fact. That is the process that I yield the remainder of my time. objection? is going on here. Mr. President, 868 Mrs. BOXER. Mr. President, I move The Senator from Kentucky. pages—when are we going to read it? to table McCain amendment No. 739, Mr. PAUL. Mr. President, reserving After they pass it. Who has been in- and I ask for the yeas and nays. the right to object, I find it a tragedy volved in crafting this legislation? I The PRESIDING OFFICER. Is there a that in the Senate we are operating in am on the committee. Nobody asked sufficient second? a way that allows an 868-page bill to be me. Nobody consulted with me. And I There is a sufficient second. offered with only 48 hours to read it think that is the same with most of the and approximately 1,000 pages’ worth of The question is on agreeing to the people on the committee. amendments to this bill with virtually The letter from this group also says: motion. no time to even think about the The clerk will call the roll. . . . we note that the proposed law . . . is amendments. I think it is precisely still heavily reliant on the idea of testing The legislative clerk called the roll. what is wrong with this body, that we every child, every year through one single Mr. DURBIN. I announce that the would try to rush things through. high-stakes summative assessment. . . . Senator from Wisconsin (Mr. KOHL) is I have been here since January, and There are many problems. I would be necessarily absent. there have been no hearings on No in favor of getting rid of No Child Left Mr. KYL. The following Senator is Child Left Behind. I have had no hear- Behind. No teachers are for it. I would necessarily absent: the Senator from ings that involve teachers, no hearings like to see a survey of teachers. I would Georgia (Mr. ISAKSON). that involve superintendents, no hear- like to have the teachers do a survey of Further, if present and voting, the ings that involve principals. I think their population to ask who is in favor Senator from Georgia (Mr. ISAKSON) this is an affront to the process. of No Child Left Behind before we act. would have voted ‘‘nay.’’ As I go around my State and I talk to I would like teachers to propose The PRESIDING OFFICER. Are there teachers, I have yet to meet one teach- amendments to my office to fix No any other Senators in the Chamber de- er who is in favor of No Child Left Be- Child Left Behind if we are not going siring to vote? hind. They abhor it. They hate all the to scrap it. I would like to hear from The result was announced—yeas 59, stuff we are telling them to do from the superintendents: What do you nays 39, as follows: Washington. They want more local think of this 868-page bill we got yes- [Rollcall Vote No. 170 Leg.] control. terday or on Monday? What do you YEAS—59 I am one of the old-fashioned con- think of this bill, and how could we Akaka Cantwell Franken servatives who believes that schools make it better? Alexander Cardin Gillibrand are and should be under local and State We will not have time to hear from Baucus Carper Hagan control. There is no provision in the them because we are struggling to get Begich Casey Harkin Bennet Coats Hoeven Constitution for the Federal Govern- through the 868 pages and another Bingaman Cochran Inhofe ment to be involved, period. This was thousand pages of amendments. This Blumenthal Collins Inouye part of the Republican platform for process is rotten from the top to the Blunt Conrad Johnson (SD) nearly 30 years, that we didn’t believe bottom. Boozman Coons Kerry Boxer Durbin Kirk in Federal control; we wanted to have What I would ask for is that we have Brown (OH) Feinstein Klobuchar local control. a hearing. Let’s invite teachers to

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.023 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6718 CONGRESSIONAL RECORD — SENATE October 19, 2011 Washington, let’s invite superintend- some modifications—we would work it rid of No Child Left Behind and some of ents, let’s invite principals to Wash- out through the process as we went the narrow proscriptions and prescrip- ington. Let’s find out what they think through. I do not know if the Senator tions in the bill and does, in fact, re- of No Child Left Behind before we rush from Kentucky went to see Senator turn a lot to local control. And we through an 868-page bill that no one ENZI about what he wanted in the bill. build a partnership with the Federal has had time to read. This is what is I know he did not come see me. Our Government and State and local gov- wrong with Washington. This is the doors are open. There was no secret ernments—a better partnership than type of arrogance about the way Wash- that we were meeting about this. We what we have had in the past. I think ington works that is really making us started in January. Everybody on our that is why we have a good, bipartisan unpopular in the public’s eyes. committee, the staffs, all knew that. bill. I say fix No Child Left Behind. I say That is the legislative process. When Again, the Senator from Kentucky repeal it or fix it, but at least give us it was all done, we wanted to put to- and I probably have different views on time to read the bill. gether a bipartisan bill. That is what this. I understand that. That is why we I object to this unanimous consent we did. I say to my friend from Ken- have the Senate. That is why we have request. tucky, it was not filed 48 hours ago; it debates. That is why we have com- The PRESIDING OFFICER (Mr. was filed a week ago yesterday, Tues- mittee meetings and markups. If I were UDALL of New Mexico). Objection is day. That bill was filed. It was put on- writing the bill, I would write a com- heard. line. I put that bill online. So we had a pletely different bill than the Senator The Senator from Iowa is recognized. whole week to look at it, and, quite from Kentucky would write. He would Mr. HARKIN. Mr. President, I am frankly, what happened is we got feed- write one completely different from sorry the Senator from Kentucky is ob- back. I say to my friend, we put the mine. That is why we meet in commit- jecting to our meeting. tees. That is why we hammer these I say to my friend from Kentucky, bill online. We got feedback from a lot of people—the community out there— things out over a long process. You do the one thing I believe both Senator not just shut the door and say: It is my ENZI and I did and other members of and as a result of that, we made some final changes. That is the legislative way or no way. our committee on both sides of the I am the chairman. I am willing to aisle did to get this bill to where it is process. Senator ENZI and I worked to- gether on a managers’ amendment to listen to his amendments and have him was to put aside ideology—to put aside offer them. But how can I hear his ideology—to do what is best for our incorporate some of the objections that came in during the week to make the amendments, how can we consider his kids. amendments if the Senator will not I believe the HELP Committee—on bill even more bipartisan. We filed that managers’ amendment on Monday even allow us to meet under the rules both sides of the aisle, Senator ENZI of the Senate? I have no logical expla- morning at 10 o’clock. But that was not and I on both sides—has done every- nation for that. the whole bill. I put the whole bill on- thing possible to move the bill in a Well, there is a lot more I could say, considerate, logical legislative manner. line a week ago Tuesday. It was just Mr. President, but this is just illogical. We started on this last year. I say to the managers’ amendment that was, That is all I can say: It is just illogical. my friend from Kentucky, we had 10 again, a fine-tuning of it before we met I see the Senator from Colorado on hearings last year—10 good, long hear- in markup. his feet. I yield to the Senator from ings. We had superintendents. We had So I say the Senator from Kentucky Colorado for any questions he might teachers. We had principals. We had had every opportunity to let us know have. broad input from across America as to what he wanted in that bill, and I The PRESIDING OFFICER. The Sen- what they wanted in a reauthorization never saw him. I never saw him. He ator from Colorado is recognized. bill. I am sorry the Senator was not never came to me. I am on the floor all Mr. BENNET. Mr. President, I have here last year, but the Senate is a con- the time. My door is open. My staff is never done this in the 21⁄2 years I have tinuing body. Does that mean every 2 available. My professional staff is been in the Senate. I have not been years we have to start all over from available. If the Senator from Ken- here a long time, and I have spent a lot scratch every time? So we had all our tucky had something he wanted in the of time complaining about the way this hearings last year. And that was bill and it was not included, he has the place works. But I had to come to the cleared again with Senator ENZI and right to offer an amendment. floor to implore the Senator from Ken- me. We talked about: Well, lets get the I wanted this committee to operate tucky to reconsider his objection. I do hearings out of the road, and this year in an open manner—in a manner in it not because I have a perspective on we could focus on putting the bill to- which we have operated in the past leg- this as a Senator; I do it because I had gether. So we had our hearings. I say to islatively. If the Senator did not have the honor of serving as the super- my friend, we brought in teachers, something in the bill that he wanted intendent of the public schools in Den- principals, superintendents from all in, he has the right to offer an amend- ver for 4 years of my life and have dedi- over America. ment and to debate it and to get a vote cated years of my life but, more impor- Then, starting in January, we began on it in our committee. tantly, seen the dedication of the peo- a time-honored process whereby the The Senator has filed 74 amend- ple who are working in our schools. chair and ranking member started ments. We had 144 amendments filed. The Senator speaks of the tragedy of working on putting the bill together Under our rules, they had to be filed 48 this process. I will tell you what a with our professional staff. That is why hours before. The Senator from Ken- tragedy is. A tragedy is that only 9 of we have professional staff. Senator tucky filed 74 amendments. Well, now 100 children living in poverty in this ALEXANDER was involved in that. Other the Senator from Kentucky is object- country, in 2011, can expect to get a Senators were brought in—Senator ing to our even meeting to consider his college degree—that is a tragedy; the BENNET, Senator FRANKEN. Others on own amendments. Please, someone, ex- fact that when I became super- the Republican side were brought in on plain the logic of that to the Senator intendent in the Denver public schools, that. from Iowa. He has the amendments. on the 10th grade math test, there were I would say this: The Senator from The process is open. He can offer 33 African-American students pro- Kentucky had every day since he was amendments, get them debated, get ficient on that test and 61 Latinos pro- sworn in in January to come to me or them voted on. But the Senator from ficient on that test—the test that, if go to Senator ENZI and say: I am on the Kentucky is objecting to us meeting in we are honest with ourselves, which we committee. Here is what I would like order to even consider his amendments. are not, measures a junior high school in the bill. And that would have been Secondly, I heard the Senator again standard of mathematical proficiency considered. Other Senators did that. I on the floor today—and earlier, when in Europe. That is a tragedy. It is a see two of them sitting here right now we met earlier this morning in com- tragedy that there are people working who came and said: Here is what I mittee to start our process of marking in our schools right now, at 11:15 a.m. would like to have in the bill. up the bill—he said he wanted to do in Colorado, doing the best they can to Well, I sat down with Senator ENZI. away with No Child Left Behind. That serve our kids, and we think a 2-hour We discussed it. Some yes, some no, is exactly what this bill does. It gets meeting is too long. That is a tragedy.

VerDate Mar 15 2010 02:15 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.025 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6719 I would not have drafted the bill ex- his amendments. I and all the rest—to- Mr. HARKIN. It started at least a actly the way it has been drafted. The day’s conversation was one of the year and a half ago, maybe a year and chairman knows that. He and I even first—I regret saying this—one of the three-quarters. have disagreements about some of the first substantive conversations I have Mr. FRANKEN. During this whole pe- things in this bill. But finally, after 21⁄2 had in a committee hearing since I riod, I talked with the Senator. I have years, there is a bipartisan piece of leg- have been here. asked to see the ranking member and islation in front of the committee that I thank the chairman and I thank the meet with him in his office to tell him is having the benefit of the work of the ranking member for creating a context what I wanted to see in this bill. I Senators who are there, and we are where that can happen. Let’s have the agree with the Senator from Kentucky, told that meeting for 2 hours is too conversation. I would be happy to meet who has talked about there is just one long. 24 hours a day to talk about this sub- test at the end of the year and the kids The Senator has every right to make ject with the Senator from Kentucky— do not—the teachers do not get to see his objection under the Senate rules, 24 hours a day, every day. Because if the results until the kids are out the which the Presiding Officer has ob- we care about the widening gap be- door. I think that is terrible. I am of- served may need some updating. But I tween rich and poor in this country, we fering an amendment that the ranking think if you ask yourself, why is it cannot sustain anything remotely ap- member referred to today. that we have a 12-percent approval rat- proaching our—— I have gone all around my State ing, which is going down, it is because Mr. PAUL. Will the Senator yield? since I have been a committee member of this kind of thing. Mr. BENNET. I will in 1 second—any- and talked to teachers about what they I actually look forward to hearing thing remotely approaching our claim want to see to fix this or to get rid of the amendments of the Senator from to be a land of opportunity when 9 out No Child Left Behind and replace it Kentucky. I wanted to know what they of 100 children born in poverty can with something that makes sense. That were. As the chairman mentioned, graduate with a college degree, when 91 is exactly what we are doing. Is this there are 146 amendments that have out of 100 children who are unfortunate not the normal order of things? been filed. I have some I have filed— enough to be born poor are constrained That is my question. only three or four. The Senator from to the margin of our democracy, the I went to Senator ALEXANDER and Kentucky has 74 of the 140 amend- margin of our economy. I will stop met with him in his office to explain ments. here. what I wanted. My staff has been meet- In the 2 hours we met today, we con- But to be clear about it, there are 100 ing every other Member—not every sidered three amendments or voted on seats in the Senate. When I walk into other Member’s staff but every other three. We were debating a Republican this room, I think about what if the 100 Member’s staff who seems to be en- amendment, and I was very interested people who were here were children liv- gaged in this on both sides of the aisle, in what Senator ISAKSON had to say ing in poverty in the United States. with Senator HARKIN’s staff, with the when our meeting came to an end. If Here is how many would have a college committee staff, with staff from Sen- we are going to do this in 2-hour incre- degree. That chair. That chair. That ator ENZI’s office. I keep hearing whose ments, my math—I am proficient in chair. These four chairs and this one. staff they are talking to about this math, thank goodness—is that it would That is it. The rest of this Chamber piece of this amendment or that take 60 days to do this in 2-hour incre- would be occupied by people who did amendment or this piece is going to be ments. not have the benefit of a college de- in the managers’ bill. I think I have Do you know why people are fed up gree. spent more time on this bill than on with this place? It is because they do Mr. PAUL. Will the Senator yield for any other bill in my time here, and not think the debate we are having is a question? nothing has stopped me from being en- about them. They think the debate we Mr. BENNET. Yes. gaged in it. I do not think there is any- Mr. HARKIN. I believe I have the are having is about us. And do you thing that has stopped anyone in our floor. know what. They are right about that. The PRESIDING OFFICER. The Sen- committee from going back over the The teachers all across my State, all ator from Iowa has the floor. transcripts of the many hearings we across the district I worked in, want us Mr. HARKIN. Again, I want—I recog- had. I do that often. to lift this burden from them—in my nize the Senator wants to speak. Let’s So my question is: Am I wrong or has view, the biggest Federal overreach do this in a logical, orderly manner. If this not been conducted in a way that ever in domestic policy. That is what people want to be here to speak, I is actually, as these things go, pretty the bill does, not for ideological rea- think the Senator from Colorado made functional for any Member who wants sons but to help respond to the voices some good points. I was yielding to him to be engaged in the process? I think of our teachers, respond to the voices for a question. I would yield if the Sen- there is a responsibility on the behalf of our superintendents, respond to the ator from Minnesota has a question. of committee members, and is there voices of our parents who are sick and Then, obviously, the Senator from Ken- not a responsibility on the behalf of tired of the almost comical but to tucky will have every right to speak. committee members to be active in the them painful measures of annual, year- The PRESIDING OFFICER. The Sen- committee, to come to hearings, to be ly progress—the idea that we are going ator from North Carolina. engaged in the process, to approach the to label all our schools ‘‘failing’’ by Mr. BURR. Parliamentary inquiry: chair, to approach the ranking mem- 2014 because we have a completely Under the current structure, how long ber? Is that not part of our responsi- made-up accountability standard in before a Member on this side can be bility? Washington, DC. recognized? Mr. HARKIN. I say to my friend from This bill does away with that. It does The PRESIDING OFFICER. A Sen- Minnesota, I think that is right. If the not do it in exactly the way I would ator cannot be recognized until the Senator wants to be engaged in the want to do it, left to my own devices, floor is relinquished. process of legislation, then, as I say, but it does it in a way that can get bi- Mr. BURR. I thank the Chair. the Senator from Minnesota has talked partisan support in the Senate. I mean Mr. HARKIN. I yield to the Senator to me many times about what he wants this broadly. I am not saying it in this from Minnesota for a question. in the bill. The Senator from Colorado case. When people see the political Mr. FRANKEN. I thank the chairman and even Members on the Republican games that are being played, when for allowing me to ask a question. I side have talked to me about what they see people who are unwilling to want to know because I have only been should be in the bill, what should not work together, and they are killing here 2-plus years. But it seems to me be in the bill. That is the process. themselves to deliver for our kids, I am that actually, from my perspective— I would say to my friend from Min- not sure there is anything more back- this is my perspective—this committee nesota, I have been chairman twice be- handed we could do. has worked in a pretty functional way. fore, not of this committee but of the So I would beg the Senator from Ken- It took a long time. We started having Agriculture Committee when we did tucky to let us have the hearing, the hearing on this however long ago was major agricultural bills. One was in committee meeting. Let us consider it, about a year and a half? 2001 and the other one was in 2007, and

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No one on the committee and we can fix some of them. What I ator from Kentucky. But all working ever raised an objection to our meeting am opposed to is the process of giving together collaboratively in a bipar- during the Senate session. We got our us an 868-page bill yesterday and say- tisan fashion, I think we can move this jobs done. That is the way we have al- ing take it or leave it. We need more bill forward. ways done it. That is just the legisla- time to read the bill. We need these or- I yield the floor. tive—as I said, considerate, logical leg- ganizations that are very interested in The PRESIDING OFFICER. The Sen- islative process. That is the way we education—it is their livelihood—to ator from North Carolina is recognized. have always conducted it. What it does come in and make comments on this Mr. BURR. Mr. President, I say to is it allows Members—Senators who bill. That would be an open-hearing my colleagues that there were a lot of are interested, as the Senator from process. Anything else to me is dis- blanket statements about one’s level of Minnesota has been so keenly inter- ingenuous. participation. I have negotiated with ested in this Education bill, to give Mr. HARKIN. I will yield the floor the chairman of this committee for 9 them time to go to the ranking mem- very soon. I say to my friend from Ken- months on the reauthorization of our ber, to go to me, to go to other Mem- tucky, I will say again: We put this bill emergency preparedness and biodefense bers, to see what they can get in the online 1 week ago Tuesday. Some of in this country. I know what negotia- bill. the mail the Senator is talking about, tions are. I know what compromise is. I say to my friend from Minnesota, I the letters came in after that because I know what commitment of time is. I am sure we did not put in everything they read the bill. I think the primary got this bill last Friday. I will find out the Senator wanted in the bill. objections on all those letters had to where it went online, or which copy Mr. FRANKEN. Absolutely not. do with teacher evaluations and what went online. My staff got this bill last Mr. HARKIN. But I think the Sen- we were going to do in the bill on Friday. Yes, we have read it. We have ator has the right to offer the amend- teacher evaluations. eight amendments, which is not as vo- ments in committee. That is what we fixed in the man- luminous as Senator RAND PAUL; but Mr. FRANKEN. I wish to thank the agers’ amendment that we laid down he gets that ability, as he gets the abil- ranking member. We talk on the phone Monday morning. I am told—I have not ity to be heard. about this. We have talked over dinner seen it—but I am told the National The minority’s only leverage in this about this bill. I wish to thank Senator Education Association, for example, institution is to have an opportunity ALEXANDER, whom I asked to come to has withdrawn from that letter because to offer amendments and to debate his office. We spent a very substantive of the fix we made. That is why we put them. I hear what the Senator is say- session talking exactly about how I the bill online. ing, but based upon the timeframe you saw this—what was wrong with No I said that earlier. We put it online. set—you don’t get the privilege of Child Left Behind and how we could es- A lot of objections came in. We modi- doing that when you have to deal with sentially get rid of it and solve what it fied it in the managers’ amendment to the minority. is that every teacher hates about it move forward on that bill. That is ex- I know the chairman, for whom I and what principals hate about it and actly how we do it. I say to my friend have deep respect, has been here a long what superintendents hate about it. from Kentucky that we have had a time, and he knows it. This could have Senator ALEXANDER and I had some whole week. been something very easily worked out disagreements on things. But, man, I Again, my friend filed 74 amendments with communications on both sides of think we agreed on 80 percent of this. I to the bill. How can you file 74 amend- the aisle. The fact is that, as I prepared think I had an 80-percent agreement— ments if you haven’t read the bill? It for this markup, I was told there was I mean, that is Senator ENZI’s rule. He seems to me that if you file 74 amend- an agreement, and that agreement has this 80-percent rule, which is that ments, you must have read the bill. I meant the chairman and ranking mem- we agree on 80 percent and we focus on assume that last week the Senator ber were going to hold this bill intact. the 20 percent. I have a 64-percent rule must have read the bill and then filed There were going to be no exceptions which is that 80 percent of the time we 74 amendments. You cannot have it to it. They were going to vote to make agree on 80 percent. We see that Sen- both ways—say I haven’t read the bill, sure this bill didn’t change. ator BENNET laughed because he is pro- but here are 74 amendments. That That doesn’t give one a lot of com- ficient at math. doesn’t hold together logically. fort, knowing what the outcome of Mr. HARKIN. I did not know if the Again, I will close on this note. The amendments will be regardless of the Senator from Kentucky wanted me to Senator from Colorado is absolutely merit of the amendments. When we yield to him for a question to get in- right. We are here talking about proc- started this morning, the chairman volved in the colloquy or the Senator ess and who is up, who is down, all of was very gracious and let me say my from North Carolina. this kind of stuff. These teachers out in due for about 5 minutes. I am appre- Mr. BURR. I would like my own America who are grappling with kids ciative of that. I made it very clear to time. who are under this burden of No Child Members at that time, the only thing I Mr. PAUL. I do have a question. Sev- Left Behind and these AYPs, knowing asked them to do was weigh it on the eral Senators on the committee have that no matter how much they merits of the amendment—my first said they would be happy to have meet- progress their kids in 1 year, they are amendment out of the chute, and it ings 24 hours a day. Why do we not still failing—this bill relieves them of was my best shot. I will say right here have a hearing on the bill? Why do we that, takes that yoke off them. on the floor, it was a damn good not invite teachers, superintendents, Every one of us has heard from amendment. You know what. Lockstep and principals? There has been no hear- teachers, parents, and administrators we went down the line, and they proved ing since the last election. There is no that this No Child Left Behind is not to me that there is a deal. reason why we cannot. good, that it has to be fixed, and that You know, the next amendment was The other question we have and we is what our bill does. How are we going offered by Senator FRANKEN. I was the need to answer is: What do we say to to change it and fix it if we are not first one who stood up and said I dis- the American Association of School even allowed to meet? agree with the base text—it was offered Administrators, the National Associa- Again, I hope the Senator from Ken- by both of them—but I will support it. tion of Elementary School Principals, tucky will allow us to move forward in I am in year 17. Senator FRANKEN said the National Education Association, this process and allow us to have our he spent more time on this bill than the National School Boards Associa- amendment process. I say to my friend any bill ever. Boy, if that is the case,

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.028 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6721 that is a sad statement about how them into two pots and give States full The answer, to me, is let’s get them much time we spend on legislation, be- flexibility to decide how they use the more in charge, empower them more, cause you could not have had it more money. and let’s give them greater flexibility. than since last Tuesday, according to This bill—they talk about flexibility. Let’s be what we are best at—a finan- the chairman himself. Well, it does eliminate the title of 40 cial partner in the success of edu- Mr. FRANKEN. Will the Senator programs, and it throws them into 6 cation. As a matter of fact, we will yield for a question? new major mega-education programs— take up an amendment at some point Mr. BURR. I will take questions at still with the strings. You have to that triggers the flexibility in the 868 some point, but I patiently sat here spend it the way we design it in Wash- pages. But it is only triggered if a waiting for my own time. I will use it, ington, not the way you interpret it at school system accepts one of six and then I will allow the Senator to home. And for a superintendent, that things. One of those things is actually stand and ask a question. should not settle real well—flexibility federally mandated firing of the prin- In the same statement, there was versus prescription. One way is Federal cipal or X amount of teachers of a fail- criticism of the participation. Appar- intrusion into local education. The ing school. ently, I or Senator PAUL had not spent other is a partnership for education How in the world could we put in the time or hadn’t devoted the time to success. Federal legislation that you get the this particular piece of legislation. I Having gone with this one-size-fits- full flexibility if you are willing to go have been working on this for years. I all called No Child Left Behind, I would out and fire the principal or 20 teachers think the chairman knows I am pas- think the natural swing would be, gee, at a school that has been determined sionate when I get involved. It is not if we want to fix education, why don’t by Washington to be a failure? from a standpoint of a lack of knowl- we enlist educators, superintendents, This is almost surreal to me. In edge, it is from a standpoint of trying and principals in this bill? The 868 many ways, it goes way past where No to achieve the right end. pages that we are going to debate—it Child Left Behind tried to get to, which The chairman said very clearly that will happen; minority rules can only was creating a measurement tool that we are not going to make this perfect last so long, and we will be marking could be seen by all and judgments out of committee; we are going to have this bill up and, hopefully, it will come made based upon that, though it wasn’t another shot at it on the Senate floor. to the floor and we will get an oppor- perfect. Let me remind my colleagues that 55 tunity to amend it. What my colleague Senator PAUL has times in this Congress the majority has But incorporated into this bill is 20 asked for, quite honestly, is very rea- chosen to fill the amendment tree, pages that define reading. I want you sonable. Take the bill—the one that we meaning that no minority Member has to think about that. When the claims are considering, not the one that went had an opportunity to amend the legis- are made that this is not Federal intru- up last Tuesday—I got this e-mail lation. How could I feel good about a sion, a one-size-fits-all, this bill spends while I am standing here, which says: truncated markup process that hap- 20 pages defining for every local school The original ESE bill was put up on line pens 4 days after I physically got an system what reading is. This is insane. one week ago. The managers’ amendment on 868-page bill, when the caveat that I I have a simple challenge for my col- Monday. The document explaining the am given is: Oh, but you will have an- leagues. What happened about the ac- changes was online yesterday. other opportunity to do it on the floor? countability of parents, teachers, prin- So everybody is right. The only prob- Maybe, maybe not. I don’t think the cipals, elected school boards, and com- lem is what Senator PAUL described, chairman can make an assurance to me munity leaders? Healthy communities which was the bill that we are consid- that we are going to have an open rule today have a relatively successful K–12 ering right now went up on Monday. on the Senate floor that allows unlim- education system. In most cases, it is The explanations for the changes ited amendments. If he can, I will yield because employers recognize the fact went up yesterday. I am sure if Senator to him for that consent. It is above his that that is potentially their future PAUL came up with 74 amendments, his pay grade. It is above mine, too. That workforce, and their educational suc- staff has been a little busier than mine decision won’t be made by the chair- cess is that community’s success for because they only came up with 7 or 8. man or ranking member, and it won’t survival and for advancement. But what Senator PAUL has asked for be made because somebody is trying to But what this bill does is say we are is very reasonable. perfect the bill. going to determine what ‘‘highly gift- Take this bill—not a hypothetical I learned a long time ago that com- ed’’ is for teachers, and we will deter- bill—and let’s have a hearing on it— ing to the Senate floor and screaming mine what success or failure is. We are not a markup, a hearing—at whatever doesn’t do any good. It wakes people up going to take the place of the parent, speed the chairman can put it together, in the gallery, and people at home teacher, superintendent, elected offi- where we bring in actual educators, we think this must be important. This is cials, and the business community; we bring in superintendents or we bring in about our kids. This is about whether are going to take that all over. school board members, maybe we bring K–12 education works. There is one From the standpoint of the amount in a parent. That would be novel. takeaway we can all make: No Child of money, we are still participating at I can still remember, when I started Left Behind was well-intended legisla- about the same level—about 10 percent 17 years ago, and reading about the tion, and it was implemented poorly, of the overall cost of K–12. But if you Washington, DC, schools, my first embraced by very few. North Carolina don’t play by our rules, you don’t get teacher-parent mentor meeting. I re- happened to be a State that received a our programs or our money. I daresay member the expectations I had of a tremendous amount of waivers. We got there is not one of us who recognizes parent who didn’t care about a fifth a waiver from Average Yearly Progress the fact that every community has a grader’s future. If they did, why would because our State had a yardstick that unique problem—where one is a school this child be so challenged to read? was actually better, and the Secretary building, the next one is available What I was met with, as I walked in of Education recognized that. It didn’t, highly gifted teachers; and where one and met with that parent, was the par- through those waivers, change any of might be the ability to have a second ent of a fifth grader who said: Con- the Federal intrusion into K–12. language taught, the other might be gressman, you are my son’s only hope. Let me explain what I mean. We have the passion of Teach for America I want him to have so much more than right now about 93 education programs teachers that infiltrate their system. I do. that are authorized; not all of them are I cannot come up—no matter how I wasn’t there because of a govern- funded. If your system determines that many pages I write—with a K–12 edu- ment program. I was there because I you can use one of those programs, you cation bill that I can honestly say think every child ought to have the op- can access that money. But if there is trumps any community’s that I rep- portunity to succeed, and we can’t not a program for what your problem resent that they could come up with on write that in a bill. We can’t describe is, you don’t get a shot at the money. their own. If anything, I know I would for every community how they get to I suggested through legislation that we be woefully short of what they could success. If we could, No Child Left Be- take all of those programs and throw do. hind would have been perfect because

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.029 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6722 CONGRESSIONAL RECORD — SENATE October 19, 2011 everybody believed it would have that important than our convenience. Our principals—can actually track how this big a change. So you see, this is about children’s future is way too important group of fifth graders did compared to not just changing a system, it is about to rush a bill. Our children’s future is how they did as fourth graders and how creating passion—a passion for success. way more important than a deal be- they did as third graders and then com- I will tell you, passion for success is tween a ranking member and a chair- pare them to similarly situated kids not taking the Federal Government’s man as to how to make this easy out of across the country. That makes all the HR Department—which is pitiful—and committee so we can fix it on the floor. sense in the world compared to what saying: Well, let’s export this to every I have been here 17 years. Perfection we currently have. school in America. That is not the an- is not possible in Congress, but perfec- I sat out there in absolute despair swer. The answer is for us to get out of tion should be our goal every day. wondering why this town was so mean the way and for us to empower those When we look at what we have debated, to our teachers and to our kids. Isn’t it local officials to make the changes we understand why less than 15 percent a bare minimum that the Congress they need to and for the judgment to of the American people think highly of could reauthorize the legislation when be of those community leaders and us. I think what we are getting ready they were supposed to—in 2007? Yet those parents. to do will have a significant impact on now we find ourselves here. We will have a debate soon on what is how that number is reduced, not how it I thought the Senator from North highly qualified, and it is very pro- is increased. Carolina was very eloquent this morn- scriptive as to what a highly qualified I thank my colleagues for their pa- ing and today on the floor as well and teacher needs to be. But in my defini- tience. They certainly don’t have to re- I appreciated the points he made. My tion, highly qualified is a pharmacist quest time from me. I will yield back objection is a narrow one, which is the who has decided they don’t want to and gladly allow them whatever of idea that the right way to approach re- work in a store anymore and would their own time they would like to take. authorizing No Child Left Behind, the like to teach chemistry in a high I yield the floor. right way to approach trying to fix this school. Unfortunately, under all the The PRESIDING OFFICER. The Sen- situation is to create a bunch of proce- Federal standards today, that person ator from Colorado. dural barriers that don’t allow us to can’t do that because they don’t have a Mr. BENNET. I would like to say to have a substantive discussion about it. certificate to do so. We will codify that the Senator from North Carolina, be- I agree completely with what the into law, in 868 pages, and all the tal- fore he leaves the floor, that I am well Senator from North Carolina said 1 ented folks we have around the coun- aware of his longstanding commitment minute ago. There is a reason we have try—who could walk into a classroom to education issues and to the kids in not a 15-percent approval rating but a and not only have the educational this country. I have no doubt of that, 12-percent approval rating. There is a foundation to be able to teach our stu- and I hope he didn’t take anything I reason. I think we should come to- dents but the passion to want to be said to suggest that. I actually think gether in a bipartisan way and reau- there and to say it in a way that isn’t the two of us probably share a lot of thorize this bill, get rid of AYP, and do taught out of a textbook but is learned agreement on what we ought to be some of the important things in this through their occupation—will be gone. doing. legislation. Then I hope the Senator It will be gone. Even though that phar- My issue is simply—and as I said would look at one of my amendments, macist may not want to compound about the Senator from Kentucky, he because one of my amendments has his drugs anymore, if their choice is that has every right to do this—that, as my pharmacist in mind, if only we could or retirement, they will retire because colleague and other members of the get to a discussion of the merits of this we have cut out something that would committee, I want to engage in a de- bill. allow them to contribute. bate on the bill. I want to consider the I see the Senator from Kentucky has I didn’t mean to go this long, but I amendments of my colleagues and to left the floor, but I would just say that will be honest, in my patience to get offer my own. my only objective in coming down here the opportunity to speak, I heard some I am painfully aware, having been in today was simply to implore him to outlandish comments that, quite hon- a school system, that Congress was withdraw that objection. Knowing it is estly, I could take to be very personal. supposed to reauthorize this bill in his right to object, I can’t think of why To suggest any Member had sufficient 2007. It is now 4 years later, and be- he would do it if he wanted to change time to review this legislation—the cause of our own fecklessness, our own the trajectory of the work from the only person who could make that com- inability to get anything done, every Federal level. ment would be one who got the bill be- single year teachers and parents and I thank the Senator from North fore I did, and I think I am entitled to principals keep having to put up with Carolina and the Senator from Min- have it at the same time every other what is the crudest accountability sys- nesota and I yield the floor. member of the committee gets it. tem I could imagine. The only thing The PRESIDING OFFICER. The Sen- To have an agreement that says we cruder than the accountability system ator from Minnesota. are not going to take amendments— was the response of big school districts, Mr. FRANKEN. Mr. President, I also that says one can offer them, but we such as the one I used to work in, to respect my good friend from North are not going to take them—I think that accountability as people tried to Carolina, and I want to thank him for that is a black eye on the entire insti- comply with well-intentioned but in- his vote on my amendment. I think he tution, if we would adopt a policy such credibly poorly thought-through laws is going to like some of my other as that. But I have seen it up close and and regulations from Washington, DC. amendments too. personal already. I don’t want these schools to have to I wish to take issue too with one I would love to take the chairman at endure 1 more year of this meaningless thing he said. I think he said it in a his word that we will have an oppor- accountability, where we are com- moment where, if he thought about tunity on the floor to fix this bill, paring this year’s fourth graders to what he said, he might reconsider it. I but—based upon how the floor has been last year’s fourth graders and telling had commented that I have spent more run up to this time—I can’t believe ourselves that actually makes a dif- time probably on this bill than on any there will be even one opportunity for ference. other, and I have spent a lot of time on me to offer an amendment. So I have to There is a lot of good work being the Affordable Care Act. The Senator roll my dice on the markup process in done in our States right now around from North Carolina then said, if I had committee, and I have to do it in a way standards—elevating them—so we quit spent more time on this bill than any that accommodates every member. If fooling ourselves about whether we are other, that is a pathetic commentary Senator PAUL believes he needs more meeting international norms when it or a sad commentary because we just time, I have to be there to try to de- comes to our kids. There is a lot of got this bill the other day. The fact fend his time. great work being done in Colorado and is—and I think the Senator would ac- If that is inconvenient for people, it other States that have come along cre- knowledge this—work on any piece of is going to be inconvenient. The truth ating a growth model that we—not we legislation doesn’t start when the bill is, our children’s future is way more but moms and dads and teachers and is introduced. My work on this bill

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.031 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6723 started very soon after I arrived in the geted to him, then I do apologize. The tion is written. Most of the work comes Senate. Senator said—and I wrote it down: I before. And I want everyone to under- My work started with a bill I coau- spent more time on this bill than any stand that who is listening. thored with ORRIN HATCH, which is other bill ever. This bill has been a tremendous pas- going to be an amendment. It is an My criticism about the statement sion of mine. You mentioned passion amendment to recruit and train prin- was, I said: If the Senator got the bill for success. I want the growth model. cipals for high-needs schools. We have when I did, then there is not a whole Senator BENNET was superintendent of had schools I have seen turned around lot of time between Friday when I got the Denver schools, and very success- by principals because principals can the bill and Wednesday when it was ful. When I did my principal bill, I went create the ethos of the school. They marked up. to a school in St. Paul, MN, Dayton’s have so much to do with selecting the I don’t question for a minute the Bluff, which had been a failed school teachers and transforming a school. Senator from Minnesota or the staff and was turned around by a successful This amendment would create a pro- has spent a tremendous amount of principal. So I had a roundtable there. gram where we recruit people who hours on education. But in defense of This was very early in my tenure here. want to be principals in high-needs Senator PAUL and what he has sought One of the principals said, You know schools and have them monitored—if is there has not been a hearing on this those No Child Left Behind tests, we they haven’t been a principal before— legislation. There are some things in call them autopsies. What he meant by a principal who has successfully this 868-page bill our committee has was you take them at the end of the turned around a high-needs school. not had a hearing on that it would be year, you take them in late April, and That work started immediately upon great to have the opportunity to ask you don’t get the results until the kids my getting to the Senate. someone who is an education profes- are out of school, and then the results I have been going back to and trav- sional. In the absence of the ability to are abrogated. eling around the State of Minnesota do that, you, I, the Senator from Ken- We have something in Minnesota talking to teachers and superintend- tucky, our staffs, all have to rely on that the teachers, superintendents, and ents and principals. The Senator from what committee staff tells us. And that principals agree on, something called North Carolina talked about the need is not always the most accurate thing, the NWEEA tests. What are those? to have superintendents and principals regardless of which side of the aisle They are computer-adaptive tests. and teachers here. We had 10 hearings. you are seeking that information. What does that mean? In Minnesota, I believe it was the other side at one I appreciate what the Senator from very often they take these three times Minnesota has said. I think that edu- point that said, please, stop the hear- a year. They are computer tests so that cation should be a passionate debate, ings. teachers get the results right away. My colleague talked about the trans- and we have seen some passion here The principal called the No Child Left formation models, which I do have this afternoon. I would hope the Sen- Behind test autopsies because the kids ator from Minnesota would suggest to problems with. What do we do with a are out of school and the teacher can’t Senator HARKIN, maybe there is a path- school that has failed? What do we do use it to inform instruction. If you do way where we can get predictability in now with a school in the bottom 5 per- a computer test and you get it right the number of amendments, predict- cent? If the Senator from North Caro- away, the teachers can use the tests to ability in the time it takes to mark lina was there, we had a super- inform their instruction. I think that this up, with some accommodation to intendent—Joel Klein, superintendent is what most parents thought we were the sensitivities that Senator PAUL and of schools or chancellor of the schools doing in the first place when President others have raised, because I hope the in New York—who spoke exactly to the Bush first suggested this law. Senator from Minnesota will agree transformation models. Again, what Secondly, they are adaptive. What with me, there is not an urgency to do works in New York certainly doesn’t does that mean? Well, that means if a it this week, and if we could, when we kid gets a question right and keeps get- work in Pine City, MN, or parts of come back from the end of October, ting questions right, the questions get North Carolina, but there are plenty of have a hearing, I think we could have harder; but if they start getting ques- teachers available and plenty of prin- a pathway to mark up and completion. cipals available in New York City. So I Having said that, it probably will be tions wrong, they get easier. It is much think we need more flexibility in a product that I couldn’t support, I will more diagnostic and you can see ex- transformation models than in this aggressively try to amend, and I would actly where a child is. Right now, the bill—than Joel Klein suggests—and be anxious and hopeful that I would No Child Left Behind test forbids these maybe that is in the managers’ bill have the opportunity again on the floor assessments from going outside grade now. Joel Klein is a superintendent, to try to affect its content. level. and he spoke to the transformation But if the Senator will be an advo- Arne Duncan, Secretary of Edu- models. He said the transformation cate for that, I think there is a path- cation, said something profound. He models gave him the ability to fix way that doesn’t in any way, shape, or said that a sixth grade teacher who schools that were failing, schools that form delay our ability in this institu- takes a kid from a third grade level of were dropout factories. tion to conference with the House or to reading to a fifth grade level is a suc- So the very thing we have been asked present the President a bill. I would be cess, is a great teacher; but under No for here: Let’s have testimony from su- more concerned with whether we pro- Child Left Behind, the way it is now, perintendents; aren’t these trans- duced the right product, and I think we that teacher is a failure. That makes formation models surreal? We have had can achieve that better. no sense whatsoever. We have to meas- these hearings. I thank the Senator for yielding to ure growth. That is what the Senator I would suggest to the Senator from me. from Colorado was talking about. We Kentucky who has just come in, my of- Mr. FRANKEN. Certainly. And obvi- need to measure growth. And that is no fice will print out the transcripts of all ously I believe in the markup we will mystery. the hearings we have had and you can have a healthy discussion of every part I go around to schools, and I remem- read what teachers and principals and of this bill and of every amendment. I ber being in a school in St. Cloud, MN. superintendents have said. think the Senator from North Carolina I was introduced by the principal to I have to say that the work you do on is going to be so thrilled with my the teacher who won Teacher of the these bills doesn’t start when the bill amendments, that at the end of the day Year, a math teacher. I met the math hits the desk. In my case, it started 2 he is going to not just cast an aye vote teacher, and the math teacher said, years before. And I don’t think the on the bill but an enthusiastic one. ‘‘Growth.’’ Senator actually meant—— I accept your apology. I don’t think This is not a mystery, and we have Mr. BURR. Would the Senator yield you said exactly what you said you had hearings on this and we know this. for 1 second? said. What you said was if the Senator We need to be measuring how much Mr. FRANKEN. For a question. Sure. spent—it is not worth going into. kids grow, and that will help kids who Mr. BURR. If the Senator interpreted The point is that your work on a bill are from poor schools, because they are my comments to be personally tar- doesn’t start when a piece of legisla- starting at a lower level. But if the

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.032 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6724 CONGRESSIONAL RECORD — SENATE October 19, 2011 school is good and they are increasing Mr. BROWN of Ohio. Mr. President, I Ohio, the Ohio CDC Association, the their growth, they will be rewarded. would like to speak about two amend- Toledo Fair Housing Association, and My daughter graduated from college. ments, if I could. One is about basic the Homeownership Center of Greater I am looking at the pages now who are civil rights and fair housing organiza- Dayton. juniors in high school. My daughter, tions and the other is about counseling On Sunday, the Martin Luther King, immediately out of college, became a and I would like to speak on both of Jr., Memorial was dedicated on our Na- teacher at a school in the Bronx, 97 them. tional Mall. It is a reminder of the era percent free and reduced price lunches, Our Nation’s fair housing organiza- that blatant Jim Crow laws, brutal a third-grade teacher. That is the first tions help enforce basic civil rights, beatings and segregation may be over, year they do No Child Left Behind test- something that has been important in but our fight to remove stains and ing. She had to take her kids from here this country for many years. They in- strains of discrimination continues. to here, to this arbitrary level of pro- vestigate housing discrimination and It continues through thousands of ficiency in order to be considered a they educate tenants and homeowners fair housing organizations that serve success, where 15 miles to the north a of their rights. They fight the per- millions of our fellow Americans. It teacher in Westchester had to take her nicious discrimination that targets and continues with this body investing in kids from here to here. That doesn’t redlines low-income Americans in com- these organizations. make any sense. munities of color. Housing discrimina- I ask unanimous consent to have In Minnesota, I have learned from my tion not only violates our laws, it is a printed in the RECORD a letter of en- teachers I have talked to that there is barrier to economic mobility. That is dorsement of many organizations. This something called ‘‘the race to the mid- why the Department of Housing and is a letter from those civil rights orga- dle.’’ What is that? Under No Child Human Development invests in the nizations supportive of our legislation. There being no objection, the mate- Left Behind, the way it works now is Fair Housing Initiative Program which rial was ordered to be printed in the that there is an arbitrary bar of pro- supports fair housing groups across the RECORD, as follows: ficiency a teacher is judged on, on what country. OCTOBER 18, 2011. percentage of their kids in these dif- They investigate mortgage lending ferent subgroups meet or exceed that Hon. DANIEL INOUYE, fraud and predatory lending. They in- Chairman, U.S. Senate Committee on Appro- bar of proficiency. vestigate foreclosure cases that force Well, the smartest kid in the class is priations, Washington, DC. homeowners out of their homes—an en- Hon. THAD COCHRAN, going to pass, no matter what. There is demic problem in the Presiding Offi- Ranking Member, U.S. Senate Committee on Ap- nothing you can do to that kid that cer’s State of Maryland, my State of propriations, Washington, DC. won’t make that kid exceed the bar of Ohio, and across the country—before DEAR CHAIRMAN INOUYE AND RANKING MEM- proficiency. So guess what. The teach- BER COCHRAN: The, undersigned civil rights facts and underlying rights are ob- organizations, urge you to support level er ignores that kid. served. Simply put, FHIP helps the The kid at the bottom, the most funding for the Fair Housing Initiatives Pro- very organizations that educate the challenged kid, well, no way that kid is gram (FHIP) by accepting the House number public and enforce the laws that pro- going to make it, so let’s ignore that of $42.5 million in your upcoming negotia- tect people from housing discrimina- tions. FHIP funding is crucial to protecting kid. all families and individuals seeking fair A race to the middle. The kid right tion. The program is cost-effective, saving housing choices across the United States. below and right above proficiency, HUD money as it streamlines govern- As you know, the Senate Appropriations those are the kids who are drilled— Committee’s Transportation-HUD bill in- drilled and killed, as they call it in ment resources to move more effec- cludes only $35.9 million for FHIP, $7 million Minnesota. tively and efficiently and investigate less than the figure approved by the House We know what is wrong with No complaints. The fair housing organiza- Subcommittee. Such a decrease in FHIP Child Left Behind. We have been dis- tions investigated 65 percent of the Na- funding would greatly limit the abilities of 1 tion’s complaints of housing discrimi- local organizations to educate the commu- cussing it for 1 ⁄2 years in hearings. We nity and the industry about fair housing, and have been talking about it. I have been nation, nearly twice as many as all agencies combined. Fair housing advo- limit the establishment of fair housing orga- talking to the ranking member. He nizations in areas where pervasive housing mentioned today these computer- cates in Cincinnati, Dayton, Toledo, discrimination occurs unchecked. adaptive tests in the markup. These Cleveland, Akron, Columbus, and in FHIP provides unique and vital services to things aren’t mysteries. Members were towns across Appalachian Ohio fight the public and the housing industry. Private welcomed to the hearing, and some predatory lenders. non-profit fair housing organizations are the For millions of Americans, the bar- only private organizations in the country didn’t come. that educate the community and the housing But the work on a bill doesn’t start rier to opportunity and security is the latent discrimination of ruthless land- industry and enforce the laws intended to the day the bill hits the table. The protect all of us against housing discrimina- work of a Senator, if the Senator is a lords and unscrupulous lenders. With- tion. hard-working Senator, is every day. It out FHIP, our country and our econ- FHIP saves money for the federal govern- is going back to your State and finding omy are subject to the very discrimina- ment, and for state and local governments. out what teachers and principals and tion that not only hurts individual According to a recent HUD-funded study, renters and homeowners but holds too ‘‘FHIP grantee organizations weed out cases superintendents need. It is going to the that are not covered by civil rights statutes’’ hearings. It is talking to the other many communities back. That is why I am offering this amendment to restore or that do not have merit, thereby avoiding Members, to the chairman, to the costly lawsuits and mediations. The vetting ranking member, and to your staff. full funding to FHIP in line with the of complaints by fair housing organizations And your staff is getting information House level. State and Federal fair ‘‘saves resources for HUD and state agencies from other staffers—not just the com- housing enforcement is already that do not have to investigate these com- stretched thin. In my home State, the plaints.’’ mittee staff but from other staffers. I ‘‘FHIP funding is a critical component of don’t want to leave people with the im- State Civil Rights Commission has four investigators devoted to housing com- the U.S. civil rights enforcement infrastruc- pression that we work once the bill ture,’’ according to HUD. 71% of the cases in hits the table. plaints. It would be devastating to cut which a FHIP organization is a complainant Mr. President, I yield the floor, and I private fair housing programs any fur- result in conciliation or a cause versus 37% would suggest the absence of a quorum. ther. of nonFHIP referred cases. The PRESIDING OFFICER (Mr. This amendment is supported by the Cuts to FHIP and FHAP will leave entire states and many communities without a CARDIN). The clerk will call the roll. Leadership Conference on Civil and The bill clerk proceeded to call the Human Rights, the NAACP, the Na- place to protect their rights or to report housing discrimination. Over the past ten roll. tional Council of La Raza, and the Na- tional Fair Housing Alliance. It is also years, more than 25 fair housing organiza- Mr. BROWN of Ohio. Mr. President, I tions have already had to close their doors or ask unanimous consent that the order supported by Miami Valley Fair Hous- drastically limit their staff due to insuffi- for the quorum call be rescinded. ing Center, Neighborhood Housing cient funding levels. By cutting FHIP, many The PRESIDING OFFICER. Without Services of Greater Cleveland, the Coa- more states and communities will be at risk objection, it is so ordered. lition on Homelessness and Housing in of losing any fair housing resources.

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.036 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6725 Fair housing organizations operate effi- people were paying their mortgages the subcommittee chair and ranking ciently and effectively on shoestring budg- and staying in their homes. member in restoring funding for this ets. In 2010, there were 28,851 complaints of So this—this statement to the Ne- program. Special thanks to Senator housing discrimination filed. This number of vada newspaper—this despite the clear MURRAY and Senator COLLINS. The sub- complaints still represents less than one per- message from my distinguished col- cent of the annual incidence of discrimina- committee has worked hard to find $60 tion, which is estimated to exceed four mil- leagues, Senator MCCAIN of Arizona million to fund the program. I applaud lion. Private fair housing organizations in- and Senator NELSON of Florida, rep- them for their efforts. Senator SAND- vestigated 65% of the nation’s complaints, resenting States such as Ohio that ERS has also been a great champion in i.e. almost twice as many as all government have been devastated by high rates of this effort. Even with this level of agencies combined. foreclosures. funding, the demand for housing coun- We cannot afford to leave states and com- Earlier this week, my colleagues seling exceeds the level of services that munities without a place to protect their stated on this floor—some colleagues would be supported. rights or report housing discrimination. said we need to do more to get people It is imperative that we provide these With the cuts HUD currently faces, the role mortgages they can afford, to make of fair housing organizations will only be- investments. They are necessary to come increasingly important. payments on them, rather than throw- meet the needs of the record number of We thank you for your past support for the ing them out of their homes. I couldn’t homeowners facing foreclosure, they Fair Housing Initiatives Program, and we agree more. If we are going to are necessary to help advise borrowers ask that you support level funding of $42.5 strengthen our economy, we must find preparing to purchase new homes, and million as the budget process moves forward. a stronger response to the foreclosure they are necessary and vital to our In this economy and devastated housing crisis, not rushing the process but bet- housing and economic recovery. market, everyone deserves a fair shake at ter managing it. Historically, we know that to pull purchasing and renting the home of their Right now, the provision of home- ourselves out of recession in this coun- choice, regardless of their identity charac- owner counseling is one of the most ef- try, we need a vibrant manufacturing teristics. We as a nation cannot afford to fective ways we have to deal with this limit the housing activities of any single sector, especially driven by auto, and family or individual. crisis. I remember talking to fair hous- we need housing, more home construc- Sincerely, ing coalitions and organizations in To- tion, more home renovation, and appre- Bazelon Center for Mental Health Law, ledo and Dayton and all over my State, ciation of housing prices. We are doing Lawyers’ Committee for Civil Rights telling how they were able, one family OK with auto manufacturing, but we Under Law, Leadership Conference on at a time, to avert foreclosure. We are not doing nearly well enough with Civil and Human Rights, NAACP, Na- know what that means not just for housing. tional Association of Neighborhoods, that family but to that community be- I applaud my colleagues for their National Community Reinvestment Co- cause they were able to do foreclosure alition, National Council of La Raza, work. I appreciate their support for National Fair Housing Alliance, Na- counseling. I have seen firsthand in my this program, and I look forward to tional Gay & Lesbian Task Force Ac- State how these programs help better their continued support and to their tion Fund, Poverty & Race Research manage the mortgage payment process supporting the Senate number in con- Action Council. that helps to keep homeowners in their ference. Mr. BROWN of Ohio. Mr. President, I homes. Thank you, Mr. President. I yield the would like to speak on a second amend- Organizations such as the Neighbor- floor. ment. Since a peak in 2006, housing hood Services of Greater Cleveland, the Ms. MIKULSKI. Mr. President, I note prices, as we know in this country, Columbus Housing Partnership, and the absence of a quorum. have fallen by nearly one-third. Total the Coalition of Homelessness and The PRESIDING OFFICER. The homeowner equity slashed in half with Housing in Ohio are leaders in fore- clerk will call the roll. The legislative clerk proceeded to the loss of more than $7 trillion. Some closure counseling. The Department of call the roll. 6 million people have lost homes since Housing and Urban Affairs invests in Mr. CARDIN. Mr. President, I ask the height of the financial crisis. Yet the Housing Counseling Assistance Program that supports these Ohio pro- unanimous consent that the order for just yesterday we heard a leading Re- grams and hundreds like them across the quorum call be rescinded. publican Presidential candidate tell an the country. Housing counselors pro- The PRESIDING OFFICER (Mr. editorial board in Nevada that his solu- vide guidance and assistance and ad- MERKLEY). Without objection, it is so tion to the Nation’s housing crisis is to vice to help families meet the respon- ordered. speed up the rate of foreclosures. This sibilities of tenancy and home owner- UNANIMOUS CONSENT REQUEST—EXECUTIVE despite clear evidence that basic legal ship. CALENDAR requirements have often gone ignored Foreclosure counseling is particu- Mr. CARDIN. Mr. President, I know in foreclosure proceedings; this despite larly valuable to those obviously in the Senator from Missouri is here, and clear evidence that some banks have danger of losing their home. According I am going to make a unanimous con- specifically targeted certain commu- to a study by the Urban Institute, sent request that I anticipate he will nities in specific neighborhoods for homeowners who are assisted by mort- object to on behalf of other Senators. foreclosure; this despite the fact that gage counselors have a 60-percent bet- So let me do that formally and then persistent foreclosures are dragging ter chance of saving their home. If a make my comments. down property values across the Na- family has counseling with a profes- Mr. President, I ask unanimous con- tion. sional counselor, somebody to advocate sent that the Senate proceed to execu- I remember some years ago in Cleve- for them and assist them, they have a tive session to consider the following land, in Cuyahoga County in my State, 60-percent better chance of saving their nomination: Calendar No. 112; that the we had more foreclosures—except for home than if they don’t have that as- nomination be confirmed, the motion the moratorium year last year—every sistance. to reconsider be considered made and year than the year before for the last HUD has requested $88 million for laid upon the table, with no inter- 14 years. I remember neighborhoods in housing counseling for each of the last vening action or debate; that no fur- Cleveland where there might be only a 2 fiscal years. Yet, last year, Congress ther motions be in order to the nomi- couple of foreclosures on a street, but provided no money for this important nation; that any related statements be we knew what happened when those program—a program that keeps people printed in the RECORD; that the Presi- homes were foreclosed on—well, what in their home, helps their neighbors be- dent be immediately notified of the obviously happened was vandalism and cause this house might not be fore- Senate’s action and the Senate then re- stripping off the aluminum siding and closed on, helps those people build eq- sume legislative session. stealing the pipes, and the property uity and savings that are essential for The PRESIDING OFFICER. Is there would be degraded and the property stable houses, stable families, stable objection? would be ignored—and what happened homes, stable neighborhoods, stable The Senator from Missouri. to other homes in the neighborhood communities. Mr. BLUNT. Mr. President, I object and what happened to the prices and Given this lack of funding, I am par- on behalf of Senator HATCH and Sen- the values of those homes even though ticularly grateful for the work done by ator ISAKSON.

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.004 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6726 CONGRESSIONAL RECORD — SENATE October 19, 2011 The PRESIDING OFFICER. Objec- nursing facility in Colorado Springs, thing he said; and, second, Mr. tion is heard. CO. I mention his extensive back- Boarman, we need to know, is a re- Mr. CARDIN. Mr. President, I cer- ground to underscore the point that former. He has the heart of a reformer. tainly understand that my friend from Bill Boarman is, perhaps, uniquely He has the spirit of a reformer. He has Missouri is doing this on behalf of qualified to serve as the Nation’s Pub- the know-how of a reformer. other Senators. I want to express my lic Printer, and there is absolutely no As we look at the position he is being disappointment that these Senators good reason to hold up his confirma- asked to serve in, we need someone are objecting to the confirmation of tion. who has technical competence in the William J. Boarman, an individual who All we are asking is, let’s bring this field, experience in managing a large is eminently qualified to be our Na- nomination forward for a vote—a per- organization, and also one who has tion’s 26th Public Printer and head of son who has eminent qualifications. dealt with the challenges related to the Government Printing Office. There is no substantive objection to his both delivering a product but also President Obama nominated Bill confirmation. I hope my colleagues those related to the workforce. Boarman 18 months ago. The Senate who have raised the objection will I think we are doing a national dis- Committee on Rules and Administra- allow us to move forward. service by not putting this man in of- tion reported the nomination favorably The Public Printer serves as the chief fice so he can take charge and main- in July of 2010. The nomination lan- executive officer of the GPO, the agen- tain something that is a nonpartisan guished because of Republican objec- cy charged with keeping the American job—the Government Printing Office. tions so President Obama made a re- people informed about the work of the It is not as though he is going to be in cess appointment on January 3, 2011, Federal Government. some back room reprinting little pam- and renominated Mr. Boarman on Jan- GPO is one of the world’s largest phlets from the 1930s Bread March. He uary 27, 2011. Again, the Senate Rules printing plants and digital factories is here to be our Public Printer. Committee reported the nomination fa- and is one of the biggest print buyers We know we are into a new age, a vorably by voice vote this past May. in the world. GPO disseminates the digital age. He has a lot of reform to do. We know there is workforce reform The Public Printer is not a con- CONGRESSIONAL RECORD and the Fed- troversial position. Previous Printers eral Register and a number of other that needs to be done but done with have been confirmed without con- products and services in both print and sensitivity. Again, he is somebody who troversy or delay. This obstruction is digital form. himself is from the rank and file. I think this: Once again, we are play- unprecedented. The agency has been tasked to build ing politics with a job that certainly is Bill’s career in the printing industry its digital capability into a state of the not political. We have an esteemed, spans 40 years. He started as a prac- art operation to improve transparency qualified individual who wants to be a tical printer, trained under the appren- and citizen access to government docu- reformer, to get the job done, and who ticeship program of the International ments and reports. knows we are in a more frugal atmos- Typographical Union and served his ap- We hear all the time about making phere. prenticeship at McArdle Printing Com- this system more transparent. Mr. pany in Washington, DC. I think we are wasting time, we are Boarman knows how to do that. Let’s wasting money, and we are wasting the In 1974, he accepted an appointment give him a confirmed position so we as a journeyman printer at the GPO. talent of an exceptional individual. can help bring the public more into I am going to say this: The more we Mr. Boarman was elected president of what we do here in Congress. continue to delay and be deleterious on his home Local 101–12 when he was 30 Bill Boarman faces the challenges of these appointments, why would any- years of age. He later served as a na- maintaining the traditional printing body want to come forth to serve in the tional officer with the ITU, where he skills of an aging workforce while help- public domain? They often have to give was a key architect of the merger be- ing a 150-year-old organization adapt to up jobs or put their jobs on hold while tween the ITU and the Communica- a world in which most documents are they are waiting for these confirmation tions Workers of America. He was ‘‘born digital.’’ processes. We put more sand in the elected ITU president shortly before As Bill has said: gears of government, and then we the merger and has been reelected to Few Federal agencies can count as their blame government for grinding to a seven successive terms since. heritage the scope of the work GPO has per- He has served as an unpaid consult- halt. formed, ranging from the first printing of Let’s have an orderly way of dealing ant to several Public Printers and has the Emancipation Proclamation to providing with nominations and at least give the testified before various congressional digital access to the Government’s publica- man a vote up or down, yes or no. committees regarding GPO programs tions today. The men and women of GPO are responsible for that heritage. Mr. President, I yield the floor. and policies. He is an expert in this Mr. CARDIN. I suggest the absence of field. He is eminently qualified. I think It is past time that Bill Boarman—a a quorum. the Members of this body know that. man with over 40 years of experience in The PRESIDING OFFICER. The Mr. Boarman served as chairman of the printing industry—be considered clerk will call the roll. the $1 billion CWA/ITU Negotiated Pen- and confirmed as the Nation’s 26th The assistant legislative clerk pro- sion Plan and the $125 million Cana- Public Printer. ceeded to call the roll. dian Negotiated Pension Plan. He has I urge my colleagues on the Repub- Ms. MIKULSKI. Mr. President, I ask experience in management. He was lican side of the aisle: Let the Senate unanimous consent that the order for among the union leaders who spear- do what it is legally responsible to do: the quorum call be rescinded. headed the creation of the AFL–CIO advise and consent on these nomina- The PRESIDING OFFICER. Without Capital Stewardship Program and the tions. Let us vote so we can confirm objection, it is so ordered. Center for Working Capital in the Fed- this position that was first brought for- Ms. MIKULSKI. Mr. President, the eration. ward over a year and a half ago. American people are watching this and Because of his experience in the field With that, Mr. President, I yield the saying: What are they doing? Well, ac- of pension administration, he was cho- floor. tually we are doing a lot. Senator sen to represent CWA on the Council of The PRESIDING OFFICER. The Sen- BLUNT and I are managing the bill. You Institutional Investors, serving 12 ator from Maryland. might say: But there is nothing going years as a member of the CII Executive Ms. MIKULSKI. Mr. President, I on. Well, there is a lot going on be- Board and three terms as its cochair- want to associate myself with the re- cause we are reviewing amendments of man. He has also served on the Mary- marks of my colleague from Maryland Senators. That is what all this discus- land Commission on Judicial Disabil- regarding the nomination of Mr. sion is, to see what we can take or ities and as cochair of the Taft-Hartley Boarman. My colleague from Maryland there might even be bipartisan agree- Northern American Study Group edu- has offered a spirited and comprehen- ment. And then we are lining up how cational investment conference. sive description of why Mr. Boarman we will proceed on the next four to six He has served as president of the should be confirmed as our Public amendments, again alternating both Union Printers Home, a 122-bed skilled Printer. I wish to, one, validate every- sides of the aisle.

VerDate Mar 15 2010 02:36 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.041 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6727 So if people are watching this and will alternate on both sides of the The PRESIDING OFFICER. The saying: What are they doing, just what aisle. We encourage Senators who have clerk will call the roll. are they doing, well, we are doing a lot. these amendments to come over and we The assistant legislative clerk pro- We hope to, by the close of business to- will call them up. ceeded to call the roll. morrow, finish the Agriculture, Com- The PRESIDING OFFICER. The Sen- Mr. INHOFE. Mr. President, I ask merce-Justice, and Transportation- ator from Missouri. unanimous consent that the order for Housing bill appropriations. We are Mr. BLUNT. Mr. President, I join my the quorum call be rescinded. going to have some robust debate on good friend in suggesting we would like The PRESIDING OFFICER. Without some amendments. Some are quite con- to see our colleagues come over here. objection, it is so ordered. troversial. But right now, we are try- These three appropriations bills are Mr. INHOFE. Mr. President, in a few ing to see what we agree on and, what being handled on the floor and they are minutes, I want an opportunity to, for we don’t agree on, how could there be open to amendment. We haven’t had clarification, talk about the LRA, a regular, civilized, orderly process for appropriations bills on the floor of the troops who have gone over to northern having a debate and then voting. Senate in this way in quite a while. We Uganda, including Rwanda and south We anticipate that somewhere would like to get these bills done. Sudan. I will wait now because a lot around 5:30 or 6:00, we will have a clus- Hopefully, we can get these bills done will want to speak subject to these ter of votes. So that is kind of the maybe even this week and send them amendments. game plan so far. on over to the House to talk about I wish to mention something I think I yield the floor and suggest the ab- these bills and their bills—3 bills, 16 is significant because nobody is talking sence of a quorum. amendments, and those aren’t all the about it. People have heard me talking The PRESIDING OFFICER. The amendments we expect to be offered. over the years about the overregula- clerk will call the roll. But we hope these amendments are of- tion being pursued by this administra- The assistant legislative clerk pro- fered today—a significant number—and tion in every area and what it is cost- ceeded to call the roll. as the Senator from Maryland said ear- ing in terms of jobs. Ms. MIKULSKI. Mr. President, I ask lier, we expect votes on some of these I know I talk about this quite often, unanimous consent that the order for amendments around 6 o’clock. Between but this time I am talking about a dif- the quorum call be rescinded. now and then, we look forward to a vig- ferent area of overregulation. Most of The PRESIDING OFFICER. Without orous debate on as many of these as the time I am talking about what the objection, it is so ordered. the sponsors can come and debate. But EPA is doing to destroy businesses in Ms. MIKULSKI. Mr. President, I ask the Agriculture bill that I am the this country. I do that because I am unanimous consent that the next first- ranking member of; the Transpor- the ranking member on the Environ- degree amendments in order to be tation, Housing and Urban Develop- ment and Public Works Committee, called up and made pending to H.R. ment bill, which the Senator rep- which has jurisdiction over the envi- 2112 and the substitute amendment No. resents so well; and the Commerce- ronmental regulations and the EPA. 738 be the following: Ayotte, No. 753; State-Justice bill are all bills that are When we see what they are doing, it Crapo, No. 814; Moran, No. 815; Coburn, moving forward in as close to a regular is something that is more serious—or No. 793; Coburn, No. 798; DeMint, No. process as we have had in a while. at least as serious as all the deficits 763; DeMint, No. 764; Grassley, No. 860; We look forward to seeing these that are coming out of this administra- Sessions, No. 810; Lautenberg, No. 836; amendments debated this afternoon tion because it is chasing jobs overseas. Brown of Ohio, No. 874; Merkley, No. and some of them—as many of them as We will talk about that. This is a dif- 879; Bingaman, No. 771; Gillibrand, No. possible—voted on this afternoon and ferent area altogether. 869; Feinstein, No. 855; and Menendez, this evening. We talk about the overregulation No. 857; further, that a motion to re- The PRESIDING OFFICER. The Sen- that comes from the EPA in the EPW commit from Senator LEE be in order; ator from Maryland. Committee, where we have jurisdic- that, if offered, the motion be set aside Ms. MIKULSKI. Mr. President, the tion. Today, I want to mention what is and the Senate return to the consider- Senator from Missouri is right. We going on in the USDA. In the 2008 farm ation of the pending amendments. haven’t had a regular order for some bill, the USDA was instructed to re- The PRESIDING OFFICER. Is there time. Leadership on both sides of the visit and update the marketing regula- objection? aisle has created this fantastic oppor- tions authorized to the Packers and Without objection, it is so ordered. tunity. We are actually following a reg- Stockyards Act of 1921. That particular Ms. MIKULSKI. Mr. President, this ular order on our appropriations. We act is governed by the Grain Inspec- means this is now the order in which are actually following a regular order. tion, Packers, and Stockyards Admin- we will proceed. These are the amend- This is our opportunity to show we can istration, or GIPSA, as it is referred to. ments that both sides have agreed have a regular order, that we can move That is all within the USDA. should be offered in this tranche or our annual appropriations together in The agency is supposed to regulate cluster. a well-measured, well-paced, well-de- and deal with the marketing practices We are saying to the Senators who bated, and well-scrutinized way. within the livestock industry. I am now have these amendments, get ready I hope our colleagues who have from Oklahoma, and it is a huge indus- to come to the floor. As I understand amendments will come over. We know try in Oklahoma. This provision of the it, KELLY AYOTTE will be here to offer Senators have lots of opinions, and farm bill was heavily debated and her amendment, which will be impor- opinions sometimes get translated into amended when it was considered and, tant, and then what we would like to amendments. But we ask our col- ultimately, the USDA was instructed do is alternate on both sides of the leagues now to show we can govern. to provide regulations for a few ex- aisle. The Senator from New Hamp- Come down, come to the floor and offer plicit objectives. Among them were shire will offer her amendment. We these amendments and show we can broader contract cancellation rights hope then that there would be a Demo- move three very important bills. The for livestock growers; the disclosure of crat, and we will go back and forth. If one affecting transportation and hous- foreseeable future necessary capital in- a Senator is not here, we will move on ing is important to our economy. This vestment required for contract growers to the people who are here. is a jobs bill, putting people to work within their growing contracts; and We have 16 amendments. We would building highways, roads, and housing. criteria for GIPSA to determine wheth- like to finish these amendments this Agriculture is an important part of our er producers are treated with unreason- evening. The more that can come and economy, and also Commerce, Justice, able preference or advantage. The be ready to offer their amendments and and Science is the innovation com- House already considered this. In fact, debate—and Senators will be able to mittee, the trade committee, and the they have done their Agriculture ap- present their amendments and debate advocacy for justice committee. We propriations bill. them, but we would like to do that. look forward to these amendments and Several months after the farm bill That is the way we are going to pro- debating them. was enacted—the one I referred to— ceed. These are the amendments. We I suggest the absence of a quorum. GIPSA released its preliminary rule,

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.046 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6728 CONGRESSIONAL RECORD — SENATE October 19, 2011 and the rule they published went far ducers to ship hogs out of the State to people between $300 billion and $400 bil- beyond the requirements that were ex- get them to market. This would in- lion a year. plicitly stated in the law. crease operating costs, it would be pro- Now, I would say this. There are a lot One of the biggest problems with the hibitive, and it would take them out of of people out there saying: Well, it rule is that it would allow GIPSA and the market. Even if Oklahoma pork doesn’t hurt to pass a tax increase of the USDA to punish livestock pro- producers chose to ship hogs out of $300 billion if it is going to do some- ducers and buyers for engaging in prac- State, the prohibition of packers to sell thing about global warming. Even tices it considers unfair or unjust, even animals to other packers would force President Obama’s EPA nominee and when there is no proof that their prac- producers to incorporate a middleman choice, Lisa Jackson—now confirmed— tices are actually harming competition to eliminate the direct sale between has gone on record. In response to the within the industry. They want to do packers. All this would do is increase question, if we were to pass any of this in the name of leveling the playing the cost of production. That would these bills, whether it would be the field, which we hear a lot about around make us in Oklahoma less competitive. McCain-Lieberman bill or the Waxman- here, and that playing field would be Let’s keep in mind that the Okla- Markey bill, any of these cap-and-trade between the packers and livestock pro- homa pork industry only took off after bills that would be passing on a $300 ducers, but what they are doing is reg- the construction of a pork processing billion to $400 billion tax increase, if ulating this industry in a way that plant. In 1987, before this plant was that happened, would that reduce emis- would prohibit any real innovation or constructed, the annual cash receipts sions, her answer was no. differentiation among companies in the for pork producers were $33 million. Just logically look at that. If we do industry. It forces a one-size-fits-all That was it. The pork processing plant that in the United States, it will not approach to running the livestock in- was constructed in the mid-1990s, pro- change the emissions because this isn’t dustry. vided necessary infrastructure to our where the problem is. The problem is in For one, the new rule would require State to do this. However, since then, China and India and in Mexico. packers and stockyards to keep written the pork industry’s annual cash re- So the cost of these regulations is documentation justifying any differen- ceipts have risen more than tenfold to unbearable for our economy, and here tiation in price that one pays to dif- $555 million in 2007. So making this we are with over 9 percent unemploy- ferent livestock producers. Can you be- processing plant less capable of serving ment. We are very fortunate in my lieve this? The USDA wants stockyards the needs of Oklahomans and our pork State of Oklahoma because we have di- to justify every pricing decision they producers will undoubtedly hurt our in- versified, and our unemployment rate make. If that isn’t big government, I dustry and our consumers. is down to 51⁄2 percent. But nationally don’t know what is. The USDA Unfortunately, these are only a few it is a disaster. So regulations are a wouldn’t require this if they didn’t in- examples of the bad provisions of the very important part of this. tend to review these documents to de- new GIPSA rule I have heard about ex- I want to make sure we make it very termine whether the stockyards pro- tensively from my livestock producers, clear that it is not just the regulations vided this justification. When doing and I am sure everyone else from agri- that come from the Environmental this, the USDA bureaucrats will have cultural States has heard about the Protection Agency because these regu- the power to punish and fine stock- concerns their States have. They be- lations we are talking about are going yards that it believes are behaving un- lieve that if this rule is finalized, it to be from the USDA. fairly. This is government determining will force them to completely change With that, Mr. President, I yield the whether they are behaving unfairly. the way they conduct business, and no floor, unless there is no one waiting. My question is this: In what other in- government rule should force private Ms. MIKULSKI. Mr. President, I dustry would this be considered accept- businesses to do this, especially when would advise the Senator that we are able or even appropriate? Can we imag- the industry practices they have devel- waiting for one of the Senators to come ine Walmart being forced to send the oped have been very effective at safely and offer an amendment, if he wishes Federal Government justification for bringing meat products to the market. to speak on another subject. every price it negotiates with its sup- Another problem with this rule is Mr. INHOFE. I would like to, and I pliers? No. That would be ridiculous, that the USDA has not publicly re- would be happy to yield the floor to and we all understand that. leased the study it did to determine its anyone else who comes to offer an The livestock industry is no dif- economic impact. And we know why amendment, if the Senator would alert ferent. This is American business, cap- they haven’t. It is very expensive. Sev- me to that. italism, and the individuals partici- eral private studies have been done, Ms. MIKULSKI. Why don’t you pro- pating are doing so voluntarily. No one and one of them estimated that the ceed. is forcing anyone to be in the livestock rule would reduce U.S. economic activ- Mr. INHOFE. All right, I will. business. Negotiating prices—where ity by $14 billion and would result in U.S. TROOPS IN NORTHERN UGANDA some folks get higher and some folks the loss of over 100,000 jobs. The USDA Mr. INHOFE. Mr. President, I know get lower prices—is part of the deal. needs to release the economic impact there is a lot of confusion, and a lot of Some get advantages and some dis- analysis it did. There is no justifica- people are blaming President Obama advantages, but it isn’t government tion for their not doing this. So we for sending 100 troops into northern making that determination. That is have made that request, and we are Uganda. the way it should be. waiting for that to happen. First, I want to make sure everyone Another problem with this rule is There is a nominee for Secretary of knows I am not a fan of President that it would ban packer-to-packer sale Commerce—a very nice person, a fine Obama. He is responsible for all these of livestock. I don’t know why the person named John Bryson—whom I regulations that are driving out Amer- USDA wants to do this. Who cares if oppose. The reason I oppose John ican businesses. He is responsible for one stockyard sells or buys from an- Bryson is he has been very active in the deficit. Actually, his three budgets other? It is none of their business. It this whole movement on cap and trade. have had deficits each year of $11⁄2 tril- seems perfectly American to me. But We all know what that is. We have lion, and he is up to almost $5 trillion this will have a particularly negative talked about it for 10 years. We had the in deficits. It is coming not from the impact in Oklahoma. Kyoto Convention that we did not be- Democrats, not the Republicans, not Right now, we only have one pork come a part of, and there have been the House or the Senate, it is coming packing plant of any size in my State several efforts to have bills on the floor from President Obama. And I disagreed of Oklahoma, and the next closest to have cap and trade, supposedly to with his position with Libya, sending plants are in Iowa, Missouri or prob- stop catastrophic greenhouse or global our troops in there the way he did. ably Nebraska—I am not sure—maybe warming. Now people know the science I am on the Armed Services Com- hundreds of miles away. If packers or has been debunked. It is not real. Yet mittee, the second ranking member, entities owned by packers are no they are going ahead and doing it. But and I am very much concerned about longer allowed to sell hogs to other if the President is able to pass these what is happening right now and what packers, it will force Oklahoma pro- regulations, it will cost the American this President has done to our military

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.048 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6729 in reducing our capability to the ex- who went in cannot even carry a weap- would work together with each other, tent he has. But having said that, let on. They cannot be involved by law. I and they asked if they could have some me say that the criticism he has re- put that in the law. Those words are support from the United States in the ceived for sending 100 American troops there. So what we are doing is we are way of intelligence and maybe a heli- into northern Uganda is not justified, able to go in and assist them in intel- copter or two, and I said yes. So we and let me explain what I am talking ligence, maybe loan them a helicopter passed the law. This law we passed was about. or whatever they need to take this guy right here in the Senate. There was not This picture here is of a guy whose out or to bring him to the inter- one Senator who voted against it. I had name is Joseph Kony. Joseph Kony is a national court. That would probably be 64 cosponsors—the largest number of monster. For 25 years, he has been in better. cosponsors on any bill addressing a northern Uganda, but he has been in But this is what this guy has been problem in Africa in the history of this other countries too—Rwanda, now the doing for 25 years, and you have to go Senate. So we are all in accord. new country of South Sudan, the Cen- see it to really appreciate it—these A lot of Members are not courageous tral African Republic, and the Congo. mutilated little kids. enough to tell the truth about this. A Those five countries are where he has Well, anyway, I will say this. Those lot join in saying: Oh, we are not going been. who are critical of me for supporting to send more troops over. Let me as- This is what he does. Many people sending our troops over are ill-founded sure you, these troops are going to go don’t know about him. In fact, 3 or 4 in their criticism for two reasons. First over and save lives. And they could days ago Rush Limbaugh was com- of all, we already have troops all over very well be saving American lives be- menting that nobody knows what the the world in places such as Africa. In cause if this terrorist movement is al- LRA is; that is, the Lord’s Resistance the continent of Africa, we have sev- lowed to continue, then we will have Army, and so I am here to tell you and eral thousand American troops in a another terrorist movement in that tell you why these troops were sent program called Train and Equip. It is part of the world that should be get- over. It was not President Obama; it specifically called 1206 and 1208 fund- ting a lot of our attention. was I who did this. We passed a law re- ing. That means we go into these coun- So with that, just to repeat two quiring that to be done. Let me explain tries and we help train the African na- things, first of all, we already have why. tions to prepare for when the squeeze troops over there in Training and I have been active in Africa for many takes place in the Middle East and the Equip. These same troops will be doing years. Fifteen years ago, I was in terrorists come down through Djibouti that while there. Secondly, there won’t northern Uganda, in an area called and the Horn of Africa and spread out be one American troop in harm’s way Gulu, and I found out there is a guy up through the African Continent. We are in northern Uganda, the Central Afri- there by the name of Joseph Kony. building five African brigades. We are can Republic, South Sudan, Rwanda, or This is Joseph Kony. He is a spiritual training them so that when something any of the other places where Joseph leader. What he does is he goes into the happens, as it did happen in the coun- Kony might be leading his reign of ter- villages and he abducts hundreds and tries where we are currently in battle, ror. thousands of young kids, usually be- we don’t have to send our troops in be- With that, I yield the floor, and I tween the ages of 11 and 14, and then he cause we are training them so they can suggest the absence of a quorum. takes the girls and sends them into take care of their own problems. That The PRESIDING OFFICER. The prostitution, but he trains the boys to is essentially what is happening. clerk will call the roll. be soldiers. We are talking about kids I was in this brandnew country the The bill clerk proceeded to call the 11 to 14 years old. So he teaches them other day, South Sudan. We have all roll. how to use AK–47s, and when they heard about Sudan and Khartoum and Ms. AYOTTE. Mr. President, I ask graduate, these kids have to go back to heard and been told about all the unanimous consent that the order for the villages from where they were ab- atrocities that are committed there, the quorum call be rescinded. ducted and kill their siblings and kill and it just makes you cry when you see The PRESIDING OFFICER. Without their parents. If they do not do it, they what is happening. Well, they now have objection, it is so ordered. come back—and this is significant— split off, so South Sudan has a separate AMENDMENT NO. 753 TO AMENDMENT NO. 738 and they are then mutilated. country. I was there last week. I was Ms. AYOTTE. Mr. President, I ask These are all kids. See, they are hold- the first one there in terms of Members unanimous consent to temporarily set ing their AK–47s and all that. of the Senate just to cheer them on. aside the pending amendment, and I This next chart shows what happens I had 25 members of the Parliament call up my amendment No. 753. if one of these kids comes back and he of this new country called South Sudan The PRESIDING OFFICER. Without doesn’t kill his parents or do as Joseph with me for a period of 2 hours. Do you objection, it is so ordered. Kony says. He mutilates the kids, and know what they said, Mr. President. The clerk will report. the way he does it is he cuts off their They said: If you really want to do The bill clerk read as follows: ears, cuts off their noses, their lips, or something about terrorism, get this The Senator from New Hampshire [Ms. cuts off their hands. This guy here, growing force that Joseph Kony has AYOTTE] proposes an amendment numbered John Ochola, his hands were cut off and help us take him out. 753 to Amendment No. 738. and his nose and ears were cut off. This This question was asked of me today Ms. AYOTTE. Mr. President, I ask one just went through it, and he is still on a talk radio show: Why is it we can’t unanimous consent that further read- bleeding. get Uganda or Congo or Rwanda to do ing of the amendment be dispensed These are kids. These are kids, 12 and this? with. 14 years old. This is what he has been I would suggest that the Presidents The PRESIDING OFFICER. Without doing to thousands of kids for 25 years of these three countries came from the objection, it is so ordered. now. So having sympathy for that, I bush. President Museveni was a war- The amendment is as follows: came back and talked to some of my rior in the bush, and he doesn’t like to (Purpose: To prohibit the use of funds for the colleagues here, and I said: We have to admit he can’t take care of one mon- prosecution of enemy combatants in Arti- do something about this. At that time, ster named Joseph Kony by himself. cle III courts of the United States) we were not allowed to send troops in. The same is true with Paul Kagame, After section 217 of title II of division B, This has nothing to do with sending who is President of Rwanda. Remember insert the following: combat troops into an area. Certainly 1994 when they had the genocide? And SEC. 218. (a) PROHIBITION ON USE OF FUNDS this has nothing to do with what the he came from the bush. He is a tough FOR PROSECUTION OF ENEMY COMBATANTS IN President did in Libya. But we passed a warrior, but he doesn’t want to admit ARTICLE III COURTS.—None of the funds ap- law that said that we are sending as- propriated or otherwise made available for he would have to have help to take the Department of Justice by this Act may sistance into northern Uganda and the care of that. Joe Kabila, from the be obligated or expended to commence the other four countries, but they are spe- Congo, the same thing. prosecution in an Article III court of the cifically precluded from entering into Well, I was able to get the three of United States of an individual determined to combat. In other words, the 100 troops them together, and they agreed they be—

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.049 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6730 CONGRESSIONAL RECORD — SENATE October 19, 2011 (1) a member of, or part of, al-Qaeda or an resolution to talk about this issue of good economic policy, it is good fiscal affiliated entity; and opening the Berlin prison because it policy, and I certainly intend to sup- (2) a participant in the course of planning was completed and not yet opened. The port this piece of the appropriations or carrying out an attack or attempted at- prison is a medium-security prison. It legislation before us, and I hope all of tack against the United States or its coali- tion partners. was completed last November at a cost my colleagues will do the same. (b) DEFINITIONS.—In this section: of $276 million. Since November, when The PRESIDING OFFICER (Mrs. (1) The term ‘‘Article III court of the the project was completed, it has been HAGAN). The Senator from Maryland. United States’’ means a court of the United costing us $4 million to maintain secu- Ms. MIKULSKI. Does the Senator States established under Article III of the rity at the prison to make sure that from Idaho wish to offer an amend- Constitution of the United States. damage is not done to this new facility. ment? (2) The term ‘‘individual’’ does not include We have had a warden on board since Mr. VITTER. And if I could address a citizen of the United States. about that time, but she has not been the Senator through the Chair. Ms. AYOTTE. Mr. President, I filed able to hire any of the staff she needs The PRESIDING OFFICER. The Sen- amendment No. 753 to H.R. 2012, the ap- to activate this prison. ator from Louisiana. propriations minibus. My amendment Since that time, when I last came to Mr. VITTER. I have a modification would prohibit the use of funds for fis- the floor, our Federal prison system to my amendment which will take cal year 2012 for the prosecution of has gotten even more overcrowded. about 11⁄2 minutes. enemy combatants in our article III Last spring, I talked about the fact Ms. MIKULSKI. Madam President, courts. This prohibition would apply to that our prison system was 35 percent what I wish to suggest as a way of pro- individuals who are members of al- overcrowded, and that for medium-se- ceeding, with the concurrence of the Qaida or affiliated terrorist groups and curity facilities it was 39 percent over- other side, is the Senator modify his who have participated in the course of crowded. Since that time, we have had amendment, because that is quick. planning or carrying out attacks a net increase of 7,541 Federal prisoners Then we will go to the Senator from against our country, the United States in our system, so now our entire prison Idaho. Then I have some rebuttals to of America, or our coalition partners. system is 39 percent overcrowded and some of the amendments offered. In no other conflict have we treated medium-security prisons are 51 percent The PRESIDING OFFICER. The Sen- our enemies as criminals and tried over capacity. If we are going to ensure ator from Louisiana. them in our civilian court system. I be- safety, we need to begin to open some lieve we need to stop criminalizing this AMENDMENT NO. 769, AS MODIFIED of these new facilities, and I am very war, and that is why I have brought Mr. VITTER. Madam President, I call pleased that we have language in the forward this amendment. These indi- for regular order with respect to Commerce, Justice, and Science bill viduals should be treated with military amendment No. 769 and that the that would address opening these new custody and tried in military commis- amendment be modified with the facilities, including the Berlin prison. sions, and that is why I have brought changes that are at the desk. This is a project that has bipartisan The PRESIDING OFFICER. The forward this amendment at this time. support. The new prison in Berlin was Mr. President, I yield the floor, and I amendment is pending. The amend- started under President Bush. It was suggest the absence of a quorum. ment will be so modified. continued under President Obama. The The PRESIDING OFFICER. The The amendment, as modified, is as congressional delegation in New Hamp- clerk will call the roll. follows: The bill clerk proceeded to call the shire supports the facility. It will cre- On page 83, between lines 20 and 21, insert roll. ate about 340 jobs in a region of the the following: The PRESIDING OFFICER. The Sen- State that is very much in need of new SEC. ll. None of the funds made available ator from New Hampshire. jobs because it has lost a lot of its in this Act for the Food and Drug Adminis- Mrs. SHAHEEN. Mr. President, I ask manufacturing base because the paper tration shall be used to prevent an individual unanimous consent that the order for industry has moved offshore. It would not in the business of importing a prescrip- the quorum call be rescinded. have an impact of about $40 million to tion drug (within the meaning of section The PRESIDING OFFICER. Without the region of the State where it is lo- 801(g) of the Federal Food, Drug, and Cos- metic Act (21 U.S.C. 381(g))) from importing objection, it is so ordered. cated which is, again, very important a prescription drug from Canada that com- Mrs. SHAHEEN. I am here to speak for a region that economically is in plies with the Federal Food, Drug, and Cos- in favor of the entire appropriations need of jobs and economic activity. metic Act: Provided, That the prescription legislation that is before us, but par- The community of Berlin has already drug may not be (1) a controlled substance, ticularly the Commerce, Justice, and spent $3 million for water and sewer as defined in section 102 of the Controlled Science appropriations bill. I thank upgrades. Since 2008, the residents of Substances Act (21 U.S.C. 802); or (2) a bio- Senator MIKULSKI for her leadership, Berlin, local businesses, and State logical product, as defined in section 351 of and all of the members of that sub- workforce development officers have the Public Health Service Act (42 U.S.C. 262). been preparing for the prison to open. None of the funds made available in this Act committee who have worked on this for the Food and Drug Administration shall portion of the appropriations legisla- The community and local government be used to change the practices and policies tion before us. officials have partnered with the busi- of the Food and Drug Administration, in ef- Given the current financial con- ness community to coordinate their re- fect on October 1, 2011, with respect to the straints we are facing, I know this has sources. They have been waiting for importation of prescription drugs into the been an especially difficult time to be these jobs. United States by an individual, on the per- trying to address the needs in the crit- When the New Hampshire Depart- son of such individual, for personal use, with ical areas of our Federal budget, par- ment of Employment Security first respect to such importation by individuals ticularly with respect to Commerce, began reaching out to people in the from countries other than Canada. Science, and Justice, but I am here to North Country about the opportunities Mr. VITTER. Madam President, I ask speak to the section of the bill that in the prison, the workshops were full unanimous consent that Senators STA- deals with the Federal Bureau of Pris- of job seekers. We have been talking a BENOW and BINGAMAN be added as co- ons. lot about job creation here in this Con- sponsors to the amendment. I am here on behalf of New Hamp- gress, and now we have an opportunity The PRESIDING OFFICER. Without shire, because we have a particular in- to act on this bill to get people back to objection, it is so ordered. terest in this section of the legislation work in northern New Hampshire. Mr. VITTER. In closing, let me state because it directs the Bureau of Pris- Families in New Hampshire and that this again very tightly narrows ons to activate three Federal prisons across the country are struggling. We the amendment to a very specific pur- which are currently built but are not need the jobs this legislation is going pose, to allow safe FDA-approved pre- yet opened. One of those prisons is in to create. At a time when we should be scription drugs to be reimported for in- Berlin, NH, in the northernmost part of focused on reining in wasteful spend- dividual consumer use from Canada, our State. ing, we can’t continue to spend mil- and Canada only. I came to the floor last spring when lions of taxpayer dollars to maintain In doing so, this makes it a nearly we were debating the 2011 continuing an empty building. So this funding is identical amendment to that which

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.005 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6731 was approved in the last Senate on a Futures Trading Commission, and the pru- Americans today know that jobs are strong bipartisan vote. I urge and look dential regulators with respect to the timing the No. 1 issue we face, and consist- forward to that same strong support and the substance of the rules of those enti- ently across the country Americans are for this Vitter amendment No. 769. ties; and also recognizing that the explosion of (v) an analysis of the progress of members I yield the floor. of the Group of 20 and other countries toward government regulatory action is one of The PRESIDING OFFICER. The Sen- implementing derivatives regulatory reform, the huge impediments to our job cre- ator from Idaho. including material differences in the sched- ation efforts in America. AMENDMENT NO. 814 TO AMENDMENT NO. 738 ule for implementation (as well as material Unfortunately, under the Dodd- Mr. CRAPO. Madam President, I ask differences in definitions, clearing, trading, Frank Act, we are seeing one of the unanimous consent to set aside the reporting, registration, capital, margin, most significant rulemaking levels of pending amendment, and I call up my business conduct, and position limits) and activity in every part of our economy. amendment No. 814. the possible and likely effects on United Many of the proposed rules do not give States competitiveness, market liquidity, The PRESIDING OFFICER. Without and financial stability; or sufficient consideration to how they objection, it is so ordered. (2) to further define the terms— will affect Main Street or our economy The clerk will report. (A) ‘‘swap’’ and ‘‘security-based swap’’ to as a whole, how they will interact with The bill clerk read as follows: include— one another or, frankly, how they will The Senator from Idaho [Mr. CRAPO], for (i) for purposes of section 4s(e) of the Com- impact our global competitiveness. himself, Mr. JOHANNS, Mr. SHELBY, Mr. modity Exchange Act (7 U.S.C. 6s(e)) and sec- Through this amendment, I focus on TOOMEY, Mr. MORAN, and Mr. VITTER, pro- tion 15F(e) of the Securities Exchange Act of the CFTC to send a strong message to poses an amendment numbered 814 to amend- 1934 (15 U.S.C. 78o–10(e)), an agreement, con- all regulators involved in the rule- ment No. 738. tract, or transaction that would otherwise be making process that we cannot afford a swap or security-based swap, in which 1 of Mr. CRAPO. I ask unanimous consent regulations that unnecessarily burden that the reading of the amendment be the counterparties is not— (I) a swap dealer or major swap partici- our businesses, our economy, and our dispensed with. pant; competitive position in the global mar- The PRESIDING OFFICER. Without (II) an investment fund that— ketplace. objection, it is so ordered. (aa) has issued securities (other than debt This amendment does three basic The amendment is as follows: securities) to more than 5 unaffiliated per- things: (Purpose: To provide for the orderly imple- sons; It prohibits funds from being used by mentation of the provisions of title VII of (bb) would be an investment company (as the CFTC to promulgate any final rules the Dodd-Frank Wall Street Reform and defined in section 3 of the Investment Com- until the agency substantiates that pany Act of 1940 (15 U.S.C. 80a–3)) but for Consumer Protection Act, and for other those rules are economically bene- purposes) paragraph (1) or (7) of subsection (c) of that ficial; secondly, it adheres to congres- On page 83, between lines 20 and 21, insert section; and the following: (cc) is not primarily invested in physical sional intent to provide end users with SEC. ll. None of the funds made available assets (including commercial real estate) di- a clear exemption from margin require- by this Act may be used by the Commodity rectly or through an interest in an affiliate ments; and, third, it sets clear bounds Futures Trading Commission— that owns the physical assets; on the overseas applications of the de- (1) to promulgate any final rules under the (III) a regulated entity, as defined in sec- rivatives requirements. Dodd-Frank Wall Street Reform and Con- tion 1303 of the Federal Housing Enterprises With regard to the process portion of sumer Protection Act (Public Law 111–203; Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); or the amendment, in February, when 124 Stat. 1376) (including under any law many members of the banking com- amended by that Act) or the Commodity Ex- (IV) a commodity pool that is predomi- change Act (7 U.S.C. 1 et seq.), until the nantly invested in any combination of com- mittee wrote to our financial regu- Commodity Futures Trading Commission, modities, commodity swaps, commodity op- lators, we strongly urged them to em- jointly with the Securities and Exchange tions, or commodity futures; ploy fundamental principles of good Commission and the prudential regulators (ii) an agreement, contract, or transaction regulation in their statutory mandate (as defined in section 1a of the Commodity that would otherwise be a swap or security- and not to sacrifice quality and fair- Exchange Act (7 U.S.C. 1a))— based swap, and that is entered into by a ness in exchange for speed. We had two (A) has, pursuant to the notice and com- party that is controlling, controlled by, or under common control with its main concerns: that the regulators are ment provisions of section 553 of title 5, not allowing adequate time for mean- United States Code, adopted an implementa- counterparty; or tion schedule for title VII of the Dodd-Frank (iii) except with respect to any law (includ- ingful public comment on their pro- Wall Street Reform and Consumer Protec- ing rules and regulations) prohibiting fraud posed rules; and that the regulators are tion Act (15 U.S.C. 8301 et seq.) (including or manipulation, an agreement, contract, or not conducting rigorous quantitative amendments made by that title) (referred to transaction that would otherwise be a swap analysis of the costs and benefits of this section as ‘‘the title’’) that sets forth a or security-based swap and— their rules and the effects those rules schedule for the publication of final rules re- (I) is entered into outside of the United can have on our economy and our com- States between counterparties established quired by the title that— petitive position in a global market- (i) begins with the publication of the rules under the laws of any jurisdiction outside of the United States (including a non-United place. required under section 712(d)(1) of that Act On April 15, 2011, the Office of Inspec- (15 U.S.C. 8302); and States branch of a United States entity li- (ii) includes provisions that require a rule- censed and recognized under local law out- tor General for the CFTC issued a re- making and provisions that do not require a side of the United States); port of an investigation entitled ‘‘An rulemaking; and (II) has a valid business purpose; Investigation Regarding the Cost Ben- (B) has completed and submitted to Con- (III) is not structured with the sole purpose efit Analyses Performed by the Com- gress an analysis that includes— of evading the requirements of the title; and modity Futures Trading Commission in (i) a quantitative analysis of the effects of (IV) is not reasonably expected to have a Connection with Rulemakings Under- the title on United States economic growth serious adverse effect on the stability of the United States financial system; and taken Pursuant to the Dodd-Frank and job creation; Act.’’ Unfortunately, the IG report (ii) an assessment of the implications of (B) ‘‘major swap participant’’ and ‘‘major the title for cross-border activity by, and security-based swap participant’’ in a man- demonstrated that the CFTC is not international competitiveness of, United ner that does not distinguish between— using rigorous economic analysis to States financial institutions, companies, and (i) net and gross exposures; and shape its rulemaking. investors; (ii) collateralized and uncollateralized po- In April, Harvard Law Prof. Hal (iii) an assessment of whether and how the sitions. Scott testified on urgently needed fixes definitional, clearing, trading, reporting, Mr. CRAPO. I wish to note that as in the Dodd-Frank rulemaking process. recordkeeping, real-time reporting, registra- cosponsors of the amendment, Senators We also began hearing from CFTC tion, capital, margin, business conduct, posi- JOHANNS, SHELBY, TOOMEY, MORAN, Commissioners Scott O’Malia and Jill tion limits, and other requirements of the VITTER, and KIRK are also supportive. title work together, and how those require- Sommers about problems with the ments affect market depth and liquidity; The unprecedented scope and pace of rulemaking process, specifically with (iv) an assessment of the implications of agency rulemaking in the United economic analysis. any lack of harmonization by the Securities States today is posing incredible uncer- In August, CFTC Commissioner Scott and Exchange Commission, the Commodity tainty and threat to our economy. O’Malia stated that the current process

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.053 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6732 CONGRESSIONAL RECORD — SENATE October 19, 2011 of enacting rules under the Dodd-Frank End users have emphasized the crit- and critical items that we are seeing Wall Street Reform Act is inadequate, ical importance of addressing this related to the lack of progress on inter- and excoriated the regulatory body for problem. In its letter, the Coalition for national harmonization. not putting together a clear rule- Derivatives End-Users highlighted the The CFTC and the SEC are taking di- making order and implementation stakes of getting this issue right. They vergent approaches on some deriva- schedule for public comment. said: tives rules, raising questions about Again, in August, CFTC Commis- While the Dodd-Frank Act and imple- whether we can harmonize even within sioner Jill Sommers stated: menting regulations do much to increase our own borders, let alone with foreign I believe it is a mistake for us to begin the transparency and reduce systemic risk in the regulators. Foreign jurisdictions in Eu- process without a plan to logically sequence derivatives market, they include provisions rope, not to mention Asia and Latin our consideration of final rules along with a that, if implemented as proposed or other- transparent implementation plan. wise expected, would impose unnecessary America, have outright rejected many reforms—such as the section 716 swap In July, the SEC’s proxy access rule burdens on end-user companies. While we be- pushout provisions. It remains unclear became the first Dodd-Frank rule to be lieve it is important to reduce risk within as to what foreign jurisdictions will successfully challenged in court for our financial markets, transactions with end users have not been found to pose systemic impose a margin requirement such as failing to adequately analyze its eco- risk. Our companies and our economy cannot proposed by our prudential regulators. nomic costs and benefits. In the unani- afford to unnecessarily tie up capital that Simply put, the rest of the world is not mous decision to vacate the rule, U.S. would otherwise be used to promote growth following us in a number of critical Circuit Court Judge Douglas Ginsburg and create jobs. areas. wrote: MillerCoors echoed these sentiments Third parties, including market ana- The Commission inconsistently and when it said: opportunistically framed the costs and bene- lysts and economists and academics, This amendment protects our ability to ef- have also indicated that these rules fits of the rule; failed adequately to quantify ficiently buy malting barley, hops and other the certain costs or to explain why those will negatively impact U.S. competi- ingredients used to brew our beers. costs could not be quantified; neglected to tiveness and growth. Our Fed Chair- support its predictive judgments, contra- FMC and the National Association of man Bernanke recently warned that dicted itself; and failed to respond to the Corporate Treasurers noted: the extraterritorial application of mar- substantial problems raised by commenters. This legislation addresses concerns that gin rules could create a significant In this amendment, we require the are of critical importance to end-users—com- competitive disadvantage for U.S. com- panies using derivatives to reduce business CFTC to fix its rulemaking process by panies. We can’t force Europe or Asia prohibiting funding for any final CFTC and financial risk and not to speculate. FMC and the other members of the NACT support or Latin America to follow, and if our rules until the Commission, jointly legislation enabling end-users to continue rules are finalized in the United States with the SEC and other prudential reg- their cost-effective use of derivatives to before other jurisdictions’ rules, we ulators, publishes a schedule outlining manage the commercial risks that they face risk substantially harming U.S. com- the order in which the agencies will when they make investments to expand petitiveness, growth, and financial sta- consider and implement the final rules. plant and equipment, conduct research and bility. That is why this amendment Affected market participants will be development, build inventories to support sets clear bounds on the overseas appli- able to weigh in and be heard about higher sales, and to sustain and ultimately grow jobs. cations of the derivatives require- how rules should be adopted and imple- ments, while allowing regulators to The third thing the amendment does mented. Agencies will have to work to- stop systemically dangerous trans- is to limit the extraterritorial reach of gether to come up with coordinated actions intended to evade U.S. require- Dodd-Frank—of the CFTC rulemaking schedules for proceeding with rule- ments. making and implementation. The agen- to streamline regulation and protect American competitiveness. Chairman In conclusion, there can be no doubt cies will have to take into consider- about our resolve to address the root ation economic impacts, international JOHNSON and Congressman FRANK re- cently sent a letter to the regulators causes of the financial crisis. But competitiveness, the interaction of equally, there can be no doubt about their rules one with another, and the that brought up the concern that the extraterritorial imposition of margin our resolve to ensure that we do this implications of inconsistencies in the with great care. Failing to do so will approaches taken by different regu- requirements raises questions about the consistency with Congressional in- threaten our businesses, our economy, lators. and our competitiveness globally. I It is more important that the CFTC tent regarding title VII. urge my colleagues to support this and other agencies allow for meaning- They pointed out that Congress gen- amendment as an important step to en- ful public comment and economic anal- erally limited the territorial scope of suring that while working together for ysis than it is to rush through these title VII activities to within the United the former, we do not neglect the lat- rules and risk undermining the integ- States. Extraterritorial application of ter. rity of the process and diminishing the one nation’s laws to another nation’s utility of this important market. markets and firms is especially prob- I yield the floor. Secondly, we protect end users from lematic in a global market such as de- AMENDMENT NO. 879 TO AMENDMENT NO. 738 the burdensome margin requirements rivatives, where it is common for The PRESIDING OFFICER. The Sen- of the statute. When the Dodd-Frank counterparties based in different parts ator from Oregon. conference was reopened to deal with of the world to engage in transactions Mr. MERKLEY. Madam President, as the scoring issue, Senators Dodd and with each other. provided under the previous unanimous Lincoln acknowledged that the lan- The historical practice of U.S. regu- consent order, I ask the pending guage for end users was not perfect, lators is to recognize and defer to for- amendment be set aside so I may call and tried to clarify the intent of the eign regulators when registered enti- up my amendment No. 879. language with a joint letter, stating: ties engaged in activities outside the The PRESIDING OFFICER. Without The legislation does not authorize the reg- United States are subject to com- objection, it is so ordered. The clerk ulators to impose margins on end users, parable foreign regulation. will report. those exempt entities that use swaps to Given recent statements and actions The bill clerk read as follows: hedge or mitigate commercial risk. by U.S. regulatory agencies, there is However, regulators have interpreted concern that proposals could create un- The Senator from Oregon [Mr. MERKLEY] the actual Dodd-Frank legislative lan- certainty as to how additional regula- proposes an amendment numbered 879 to amendment No. 738. guage as providing authority to require tions could apply across borders and end users to post margin. This amend- alter regulatory precedent. While there Mr. MERKLEY. I ask unanimous ment provides certainty for Main is bipartisan support from Members of consent further reading of the amend- Street businesses that played no role in Congress to encourage our regulators ment be dispensed with. the financial crisis by establishing a to work with their international coun- The PRESIDING OFFICER. Without clear exemption from excessive margin terparts to seek broad harmonization, objection, it is so ordered. requirements. there is a growing list of noteworthy The amendment is as follows:

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.054 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6733 (Purpose: To prohibit amounts appropriated (2) prohibits any recipient of such amounts colleagues from Wyoming, Senator under this Act to carry out parts A and B from complying with State requirements au- ENZI and Senator BARRASSO. We said of subtitle V of title 49, United States thorized under paragraph (1). China is required under the WTO to (g) CERTIFICATION.—The Secretary of Code, from being expended unless all the post its subsidies, to notify the parties steel, iron, and manufactured products Transportation may authorize a manufac- used in the project are produced in the turer or supplier of steel, iron, or manufac- of its subsidies. It has done so only United States) tured goods to correct, after bid opening, any once since 2006. It is in violation. Also, under the WTO, the American Trade On page 264, between lines 9 and 10, insert certification of noncompliance or failure to the following: properly complete the certification (except Representative is authorized to for failure to sign the certification) under counternotify if China fails to do so— SEC. 153. BUYING GOODS PRODUCED IN THE this section if such manufacturer or supplier UNITED STATES. and we had not done so. So we called attests, under penalty of perjury, and estab- upon our Trade Representative to (a) COMPLIANCE.—None of the funds made lishes, by a preponderance of the evidence, available under this title to carry out parts that such manufacturer or supplier sub- counternotify. Very interestingly, the A and B of subtitle V of title 49, United mitted an incorrect certification as a result next week we get this list of 200 sub- States Code, may be expended by any entity of an inadvertent or clerical error. sidies that China is utilizing outside unless the entity agrees that such expendi- (h) REVIEW.—Any entity adversely affected the framework of WTO to subsidize its tures will comply with the requirements by an action by the Department of Transpor- manufacturers and compete unfairly under this section. tation under this section is entitled to seek against the United States. (b) PREFERENCE.— judicial review of such action in accordance The third part of the strategy is that (1) IN GENERAL.—Notwithstanding any with section 702 of title 5, United States other provision of law, the Secretary of Code. China is using its central bank as the Transportation may not obligate any funds (i) MINIMUM COST.—The requirements only authorized bank to control the in- appropriated under this title to carry out under this section shall only apply to con- terest rate on deposits and thereby also parts A and B of subtitle V of title 49, United tracts for which the costs exceed $100,000. being able to control the interest rates States Code, unless all the steel, iron, and (j) INTERNATIONAL AGREEMENTS.—This sec- on loans in a fashion that provides manufactured products used in the project tion shall be applied in a manner consistent enormous subsidies to our competitors are produced in the United States. with United States obligations under inter- in China. Until recently, America had (2) WAIVER.—The Secretary of Transpor- national agreements. tation may waive the application of para- (k) FRAUDULENT USE OF ‘‘MADE IN AMER- stood on the sidelines and not con- graph (1) in circumstances in which the Sec- ICA’’ LABEL.—An entity is ineligible to re- fronted any of these three Chinese retary determines that— ceive a contract or subcontract made with strategies other than to say in some (A) such application would be inconsistent amounts appropriated under this title to cases that are relevant to our national with the public interest; carry out parts A and B of subtitle V of title defense and our national transpor- (B) such materials and products produced 49, United States Code, if a court or depart- tation system there needs to be a pro- in the United States are not produced in a ment, agency, or instrumentality of the Gov- vision to buy products inside America. sufficient and reasonably available amount ernment determines that the person inten- or are not of a satisfactory quality; or tionally— But this particular project fell be- (C) inclusion of domestic material would (1) affixed a ‘‘Made in America’’ label, or a tween the cracks. Although the funds increase the cost of the overall project by label with an inscription having the same came from the Defense Department, it more than 25 percent. meaning, to goods sold in or shipped to the was not a straight Defense Department (c) LABOR COSTS.—For purposes of this sub- United States that are used in a project to program, and although it was a rail section (b)(2)(C), labor costs involved in final which this section applies, but were not pro- program, it was not a passenger rail assembly shall not be included in calculating duced in the United States; or program. This amendment closes this the cost of components. (2) represented that goods described in paragraph (1) were produced in the United loophole. (d) MANUFACTURING PLAN.—The Secretary At a time when Americans every- of Transportation shall prepare, in conjunc- States. tion the Secretary of Commerce, a manufac- Mr. MERKLEY. Madam President, I where are searching for jobs, we should turing plan that— rise to offer this amendment for the be supporting American companies (1) promotes the production of products in consideration of this body because it is that employ and hire Americans, espe- the United States that are the subject of important to boosting American jobs cially to make sure American compa- waivers granted under subsection (b)(2)(B); and manufacturing and ensuring that nies are not disadvantaged by this (2) addresses how such products may be three-tier Chinese strategy that tilts produced in a sufficient and reasonably more of our American dollars are spent here at home. When the Federal Gov- the playing field against our companies available amount, and in a satisfactory qual- and thereby destroys jobs in America. ity, in the United States; and ernment spends tax dollars, it should (3) addresses the creation of a public data- be looking to American companies to Under this amendment, freight rail base for the waivers granted under sub- provide goods and services. Recently, transportation contracts exceeding section (b)(2)(B). an issue came to light that gave me $100,000, funded in the appropriations (e) WAIVER NOTICE AND COMMENT.—If the substantial concern. bill, would use steel, iron, and manu- Secretary of Transportation determines that A few months ago, a bid was awarded factured products produced in America. a waiver of subsection (b)(1) is warranted, to a Chinese company to provide steel There is flexibility provided to the the Secretary, before the date on which such for a freight rail bridge in Alaska, the Secretary of Transportation to waive determination takes effect, shall— this requirement under one of three (1) post the waiver request and a detailed Tanana Bridge. There was strong written justification of the need for such American competition. However, the scenarios—if the application is incon- waiver on the Department of Transpor- award went to the Chinese company. sistent with the public interest, if the tation’s public website; If there were a level playing field, materials and products are not avail- (2) publish a detailed written justification that would be one thing. But, in fact, able in sufficient quantity or quality or of the need for such waiver in the Federal China is employing a three-tiered that the inclusion of domestic material Register; and strategy that provides enormous sub- would increase the price by more than (3) provide notice of such determination sidies to its own manufacturing, tilting 25 percent. and an opportunity for public comment for a reasonable period of time not to exceed 15 the playing field considerably. The I am not sure 25 percent is high days. first part of that strategy is to peg its enough, given that just pegging its cur- (f) STATE REQUIREMENTS.—The Secretary currency so its products have a 25- to rency creates a 25-to 40-percent subsidy of Transportation may not impose any limi- 40-percent subsidy—equivalent to that for Chinese products, so this may not tation on amounts made available under this subsidy—because of the pegging of the go far enough. This may only go a title to carry out parts A and B of subtitle V currency. small portion of the way to leveling of title 49, United States Code, which— The second piece is it provides all the playing field. I lay it down as a (1) restricts a State from imposing require- kinds of subsidies that are not actually marker that we should create fairness ments that are more stringent than the re- permitted under WTO, but China is so American manufacturers can com- quirements under this section on the use of articles, materials, and supplies mined, pro- doing it anyway. These go directly to pete. This amendment may not go as duced, or manufactured in foreign countries, the heart of manufacturing competi- far as it should, but it is certainly a in projects carried out with such assistance; tion. Recently, a bipartisan amend- stride in the right direction. For that or ment was put forward. I applaud my reason, I urge my colleagues to support

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.008 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6734 CONGRESSIONAL RECORD — SENATE October 19, 2011 it. If we do not make things in Amer- control by NRCS estimates is a value for rehabilitation to extend the ica, we will not have a middle class in of $320 million; nonagricultural flood planned life of the structure. America. protection, $425 million. We are talking What that is saying is in many of The PRESIDING OFFICER. The Sen- about flood control structures that these instances where the structure ator from Kansas. have benefited, for a number of rea- has been built, almost 50 years ago, AMENDMENT NO. 815 TO AMENDMENT NO. 738 sons, about $2 billion. This amendment communities have been built down- Mr. MORAN. Madam President, I ask does not create the opportunity to con- stream and the dam becomes even unanimous consent the pending amend- struct more of those structures. The more important to protect property ment be set aside and the Moran problem this amendment addresses is and life for that development. So we amendment No. 815 be made the order that those structures are aging. As I are here trying make certain there is a of the day in the Senate. said earlier, many of them are nearly level of funding for repairing and re- The PRESIDING OFFICER. Without 50 years old. placing deteriorated components, re- objection, it is so ordered. The clerk In my view, it is very much like the pairing damage from catastrophic will report. analogy we have with bridges. We fo- events, such as the floods we have ex- The bill clerk read as follows: cused some attention over the last sev- perienced this year, and upgrading the The Senator from Kansas [Mr. MORAN] pro- eral years on deteriorating bridges and structures to meet new dam safety poses an amendment numbered 815 to amend- infrastructure in our highway system. laws or to even decommission a struc- ment No. 738. We know if we don’t provide the main- ture. Mr. MORAN. I ask unanimous con- tenance, the deterioration occurs, and I would guess we are not going to sent the reading of the amendment be ultimately we could have a catas- fund new structures here in this Con- dispensed with. trophe. That is what I am trying to ad- gress in this fiscal environment. We The PRESIDING OFFICER. Without dress here, is my fear that in the ab- ought to at least take the responsi- objection, it is so ordered. sence of paying attention to the main- bility of providing money to maintain The amendment is as follows: tenance of these flood control struc- the structures that are there. In my On page 6, line 17, insert ‘‘: Provided fur- tures, we run the potential of having a view, it is important that we do so. Un- ther, That $8,000,000 of the amount made disaster. Not only do the benefits ac- like in past years, we can be assured available by this heading shall be transferred crue to agriculture and to communities that the money we put into this bill to carry out the program authorized under and water supply and recreation, but will go to the highest priority projects, section 14 of the Watershed Protection and the real thing here is about the loss of the dams that are in the most need of Flood Prevention Act (16 U.S.C. 1012)’’ before property values and, more importantly, repair and maintenance. There is no the period at the end. the loss of life. In the absence of main- opportunity for Members of Congress, Mr. MORAN. Madam President, the taining these structures, we run the under our rules here in the Senate, to amendment I am offering today was risk that the investment we have made earmark these dollars, and so the one I discussed in the agricultural ap- over decades begins to disappear. Not USDA, the Department of Agriculture, propriations subcommittee. I am a only do we lose the value of the asset, through the Natural Resource and Con- Member of that subcommittee and am we potentially lose life by those who servation Service, will make those de- very interested in the topic of the ap- would be harmed by the flooding that cisions. propriations for the Department of Ag- will occur in the absence of these flood We are not one of the States that has riculture. This amendment would control measures. the most dam structures, although it is transfer $8 million from the Depart- Therefore, a watershed rehabilitation an important aspect of maintaining ment’s administrative account to the program was created years ago. The water in its proper place and to provide Watershed Rehabilitation Program. problem in the funding we have today wildlife habitat and conservation prac- The Watershed Rehabilitation Program in the appropriation bill before us is tices and improve the agricultural en- is a bit broader than this, but basically there is no money, zero money in the vironment. Those structures are impor- what we are talking about are PL–566 bill, to maintain these structures. So tant to us, and we see this each and watershed structures. Across our coun- ours is a very modest proposal to keep every day. try, more than 1,000 structures have the program ongoing of transferring $8 In fact, for most of the time I have been built over a long period of time. million into that rehabilitation pro- been in Congress, we do an annual what Many of them are up to 50 years old. gram to maintain those structures and I call conservation tour. We look at the These structures are built for purposes prevent bad things from happening. role of the Department of Agriculture, of flood control, for nutrient manage- This is probably woefully inadequate in the private sector, wildlife and habitat ment, for conservation, wildlife habi- regard to the amount of resources that organizations, and how they partner tat, for recreation. Clearly, these should be devoted to this. Looking at and come together to make good things structures have been an important the bill and looking at the structure of happen to improve our environment. component of the economy and well- the bill and how we tried try to find This year we focused on water quality being of communities and people across the right priorities and the balance and water quantity. Clearly this pro- America for a long time. within the agriculture appropriations gram of PL–566 structures is critical. In fact, according to the Natural Re- subcommittee and at the full Appro- When I talk about that partnership, sources Conservation Service of the De- priations Committee, we concluded it would be important for Members of partment of Agriculture, these PL–566 that we had the opportunity to at least the Senate to know that this program structures provide agricultural benefits put $8 million into the program. requires a 35-percent local match. at their estimate of $404 million. These The watershed rehabilitation pro- There is local money. The sponsors of benefits are things such as erosion con- gram is administered by the Natural these projects, these dams across our trol, animal waste management, water Resource and Conservation Service, country, will have to find local re- conservation, water quality improve- and here is what it is described to do. sources in order to make that match. ment, irrigation efficiency, changes in It assists project sponsors with reha- I would ask the Senate to approve land use—things such as that. bilitation of aging project dams. Only the amendment I am offering today. There are also nonagricultural bene- dams installed under PL–566 and a cou- Again, it is something I raised in our fits which the NRCS estimates at $877 ple of other programs are eligible. The subcommittee and raised in our full million in benefits. These are associ- purpose of this program is to extend committee with the hopes we would be ated with recreation, fish and wildlife, the service life of dams and meet appli- able to find a satisfactory offset, and rural water supply, water quality, mu- cable safety and performance stand- from my view, the priority we place on nicipal and industrial water supply, in- ards. Priority is given by NRCS to this program is one that is deserving of cidental recreation uses. Then, of those structures that pose the highest Senate support. course, what is particularly important risk to life and property. Projects are I offer the amendment as I described. as we look at what has happened in our eligible when hazard to life and prop- I yield the floor. country during this season, during this erty increases due to downstream de- The PRESIDING OFFICER. The Sen- year: flood control. Agricultural flood velopment and where there is a need ator from New Mexico is recognized.

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.057 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6735 AMENDMENT NO. 771, AS MODIFIED, TO American businesses so we can sell fund contains the funds that DOJ ob- AMENDMENT NO. 738 more goods that are produced here in tains from seizing and selling assets, Mr. BINGAMAN. Madam President, I the United States. However, if Amer- for example, speedboats that are seized call up amendment No. 771, and ask ican businesses and workers are to ben- from drug dealers. The Department of that it be modified with the changes efit from trade agreements, the United Justice uses some of these funds for that are already at the desk. States needs to do more to ensure our law enforcement, but most of the funds The PRESIDING OFFICER. Without trading partners are competing fairly. are not used. The fund had a balance of objection, the pending amendment is This means we have to enforce the more than $841 million at the end of set aside. trade agreements and the U.S. trade fiscal year 2009; $974 million at the end The clerk will report the amendment, laws. Right now, in my view, we are of 2010; $701 million at the end of fiscal as modified. not providing enough resources to the year 2011. The Department of Justice The Senator from New Mexico [Mr. BINGA- Trade Representative’s Office for en- projects it will collect more than $1.7 MAN], for himself and Ms. STABENOW, pro- forcement activities. billion from seized assets this year. poses an amendment No. 771, as modified, to The USTR’s general counsel’s office Because of the excess funds in this amendment No. 738. has 30 attorneys. Of that 30, 22 are staff fund, this asset forfeiture fund, the Mr. BINGAMAN. I ask unanimous attorneys actually involved in day-to- President’s budget suggested that we consent that reading of the amendment day litigation. These two dozen or so rescind 620 million of those dollars. The be dispensed with. people are responsible for preparing proposal I am making in this as an off- The PRESIDING OFFICER. Without and prosecuting trade dispute cases at set is that we add an additional $8 mil- objection, it is so ordered. the World Trade Organization or under lion so that the total amount rescinded The amendment (No. 771), as modi- the dispute resolution mechanisms in from that fund would be $628 million fied, is as follows: our free-trade agreements. They are rather than $620 million. This would (Purpose: To provide an additional $4,476,000, also responsible for defending the leave in the fund $474 million, which I with an offset, for the Office of the United United States when other countries file believe is an adequate amount to en- States Trade Representative to investigate complaints against us. In my view, this sure that the Department of Justice trade violations committed by other coun- is not enough staff to respond in a has the resources it needs for its law tries and to enforce the trade laws of the timely manner to the numerous allega- enforcement activities. United States and international trade agreements, which will fund the Office at tions about unfair trade practices that I believe this is a very meritorious the level requested in the President’s budg- are being committed by our trading amendment. I think it improves the et and in H.R. 2596, as reported by the Com- partners. very good legislation that has been mittee on Appropriations of the House of For example, the U.S. Trade Rep- brought to the Senate floor by the Ap- Representatives) resentative’s investigation into China’s propriations Committee, but I hope On page 209, between lines 2 and 3, insert export restraints on rare earth min- that this amendment can be approved the following: erals has been underway for more than and added to the legislation when the SEC. 542. (a) The matter under the heading 2 years. There are many other concerns issue is raised for a vote. ‘‘SALARIES AND EXPENSES’’ under the heading about China’s trade practices. In fact, I yield the floor. ‘‘OFFICE OF THE UNITED STATES TRADE REP- many have been discussed here on the The PRESIDING OFFICER. The Sen- RESENTATIVE’’ in title IV of this division is Senate floor today. Does China provide ator from Maryland. amended by striking ‘‘$46,775,000’’ and insert- Ms. MIKULSKI. Madam President, I ing ‘‘$51,251,000’’. subsidies to its companies that are in- (b) Of the unobligated balance of amounts consistent with the World Trade Orga- want to thank the Senator from New made available to the Department of Justice nization? Is China unfairly closing its Mexico for his comments regarding the for a fiscal year before fiscal year 2012 for the markets to U.S. goods or unfairly re- U.S. Trade Representative and the ‘‘Legal Activities, Assets Forfeiture Fund’’ quiring U.S. companies to transfer work of the U.S. Trade Representa- account, there are permanently rescinded technology and intellectual property to tive’s Office. $8,000,000, in addition to the amount re- Chinese companies as a condition of We do have to fight unfair and even scinded pursuant to section 529(c)(2). doing business in China? These are se- predatory trade practices. In his cogent Mr. BINGAMAN. Madam President, rious questions that American busi- comments, he spoke about steel. We this is an amendment to increase fund- nesses have raised informally. In fact, have been trying to look out for steel ing for the U.S. Trade Representative the United Steel Workers formally in my State for some time against so that the Trade Representative can raised these issues in a section 301 peti- these unfair practices. Sometimes we conduct trade enforcement activities. tion last year. Many of these allega- win, most of the time we lose ground. The amendment is cosponsored by tions are not fully investigated because The amendment that is offered by the Senator STABENOW, and I ask unani- we simply have not committed the re- Senator from New Mexico would, as he mous consent to add Senator COONS sources in the U.S. Trade Representa- said, increase the funding by $4.5 mil- and Senator BROWN from Ohio as co- tive’s Office to do the investigations. lion for a new total of $51 billion. That sponsors as well. Only two attorneys in the U.S. Trade is identical to what the House has. The The PRESIDING OFFICER. Without Representative’s general counsel’s of- amendment does rescind money from objection, it is so ordered. fice work on the rare earths and raw the forfeiture fund which has been used Mr. BINGAMAN. This amendment materials cases. USTR needs the re- for law enforcement task forces, in- would provide an additional $4,476,000 sources to act quickly to combat unfair cluding drugs, human trafficking, and to the Trade Representative’s Office trade practices before U.S. industries other things. I am inclined to support above the level that is provided for in are irreparably harmed. the amendment. I certainly support the the bill. That amount is fully offset. It The Senate also recently dem- philosophical thrust of the amendment. would fund the USTR at $51,251,000 this onstrated bipartisan support for trade We have some questions about the off- year. That is the same level of funding enforcement when it passed the Cur- set. We have to get the concurrence of that the President has in his budget re- rency Exchange Rate Oversight Reform CBO to make sure it is budget neutral, quest, and also the same level of fund- Act. That was on October 11. The vote and we are consulting with my ranking ing that has been arrived at in the there was 63 to 35. I voted for that bill member to get her thoughts and views House Appropriations Committee in as well. This amendment I am offering on it. their legislation. Clearly, there is bi- today would help provide the U.S. Again, I wish to say to the Senator partisan support for this level of fund- Trade Representative with additional from New Mexico that I support the ing for the Trade Representative’s of- resources to enforce the provisions in thrust of the amendment, and I need to fice. that bill as well. I urge my colleagues consult. We are waiting for a comment Last week, as all of us will remem- to support the amendment. from our ranking member who is tied ber, we sent to the President three new Let me say a few words about the off- up on other legislative matters and we free-trade agreements. I supported set. The amendment would propose to expect to hear from her shortly. When those free-trade agreements because rescind $8 million from the Department we do, we will be able to talk about they promised to open new markets for of Justice asset forfeiture fund. This how we will dispose of this amendment.

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.059 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6736 CONGRESSIONAL RECORD — SENATE October 19, 2011 I thank the Senator from New Mexico hibit the administration from bringing The PRESIDING OFFICER. The Sen- for his advocacy. Guantanamo Bay detainees into the ator from Missouri. AMENDMENT NO. 753 United States even for prosecution. AMENDMENT NO. 860 TO AMENDMENT NO. 738 I wish to speak on another matter, Congress will have to change restric- Mr. BLUNT. Madam President, I ask which is an amendment that was tions in law before Gitmo detainees are unanimous consent to temporarily set raised, amendment No. 753, on terror- transferred to the United States for aside the pending amendment to offer ists and prosecutions, which was of- prosecution or detention. Senator the Grassley amendment No. 860. fered by the Senator from New Hamp- AYOTTE’s amendment would go beyond The PRESIDING OFFICER. Without shire earlier. In order to expedite pro- these restrictions to say that anyone objection, it is so ordered. ceedings, I withheld my rebuttal, and indicted on a terrorism-related charge The clerk will report. now I choose to take this time to rebut who isn’t a U.S. citizen couldn’t be The legislative clerk read as follows: the amendment of the Senator from prosecuted in Federal courts, unneces- The Senator from Missouri [Mr. BLUNT], New Hampshire. sarily court-stripping. for Mr. GRASSLEY, proposes an amendment I rise in opposition to her amend- I have no sympathy for terrorists, numbered 860 to amendment No. 738. ment. Although well intentioned, there and I am going to make sure we honor Mr. BLUNT. I ask unanimous consent are serious objections to it. Her amend- international law but that we pros- that the reading of the amendment be ment would prohibit the Department of ecute to the fullest extent possible. dispensed with. Justice from trying anyone charged What we want to be able to show is The PRESIDING OFFICER. Without with terrorism-related concerns in an that the Department of Justice has objection, it is so ordered. article III court in the United States. successfully prosecuted them, and this The amendment is as follows: I oppose the amendment for three amendment would prohibit—this (Purpose: To ensure accountability in Fed- reasons. First, the amendment is un- amendment would not be about pros- eral grant programs administered by the necessary. The Department of Justice ecuting terrorists, it would be about Department of Justice) has a strong track record of success- choking the Department of Justice. After section 217 of title II of division B, fully prosecuting terrorists in criminal Let me go to my third reason, which insert the following: courts. is the opposition by Secretary Leon SEC. 218. (a) OVERSIGHT OF DEPARTMENT OF Second, it goes beyond the law that Panetta and Attorney General Holder. JUSTICE PROGRAMS.—All grants awarded by already prohibits certain terrorist sus- Defense and Justice share responsi- the Attorney General using funds made pects from even coming into the United bility for prosecuting terrorists. Jus- available under this Act shall be subject to States, even for prosecution. This was tice prosecutes in criminal courts and the following accountability provisions: language included in the 2011 con- the Defense Department prosecutes in (1) AUDIT REQUIREMENT.—Beginning in fis- cal year 2012, and in each fiscal year there- tinuing resolution, and our fiscal year military commissions. Defense and after, the Inspector General of the Depart- 2012 CJS bill does carry that same lan- Justice have a joint protocol where ment of Justice shall conduct an audit of not guage. For example, we have already they work together to evaluate ter- fewer than 10 percent of all recipients of dealt with someone such as Khalid rorist cases to decide where best, where grants using funds made available under this Shaikh Mohammed. This amendment most effectively to prosecute them. In Act to prevent waste, fraud, and abuse of also would reach beyond that and it light of the restrictions Congress has funds by grantees. wouldn’t allow prosecutions on any already made on these trials, the De- (2) MANDATORY EXCLUSION.—A recipient of new non-U.S. citizen on terrorism-re- fense Department decided earlier this a grant awarded by the Attorney General using funds made available under this Act lated charges. year to resume new charges in the that is found to have an unresolved audit Third, this amendment is opposed by military commissions. But Congress finding shall not be eligible to receive any the Departments of Justice and De- shouldn’t restrict the ability of the ex- grant funds under a grant program adminis- fense. I don’t mean just the Depart- ecutive branch to decide where best to tered by the Attorney General during the 2 ments. Attorney General Eric Holder prosecute terrorists—understanding fiscal years beginning after the 6-month pe- and Secretary of Defense Leon Panetta some of the dynamics of international riod described in paragraph (5). object to this amendment. They feel law, criminal codes, codes of military (3) PRIORITY.—In awarding grants using they have a working agreement on how conduct, to decide where best to pros- funds made available under this Act, the At- torney General shall give priority to eligible best to try terrorists. ecute terrorists. I say to my colleagues, I hope they entities that, during the 3 fiscal years before We don’t want to set a dangerous submitting an application for a grant, did would reject the amendment of the precedent, if Defense or Justice are re- not have an unresolved audit finding show- Senator from New Hampshire when it stricted from using every tool avail- ing a violation in the terms or conditions of comes up. able to bring the terrorists to justice. a Department of Justice grant program. The Department of Justice has a I hope, when we vote on this amend- (4) REIMBURSEMENT.—If an entity is award- strong record of successfully con- ment, we defeat it, recognizing that ed grant funds by the Attorney General victing terrorists in their criminal the Senator from New Hampshire using funds made available under this Act courts. One can look at the 1993 bomb- wants to be sure justice is served, and during the 2-fiscal-year period in which the ing of the World Trade Center, the at- we want it too. The best way to serve entity is barred from receiving grants under paragraph (2), the Attorney General shall— tack on the U.S. Embassies in East Af- justice is to let the Defense Depart- (A) deposit an amount equal to the grant rica, and the trial and conviction of the ment and Justice Department decide funds that were improperly awarded to the Blind Sheik. Over 400 terrorists have what court or tribunal is the best way grantee into the General Fund of the Treas- been tried and convicted since 2001. to proceed—to ensure the fairness of a ury; and Just last week, another success, the so- trial but to make sure we have the (B) seek to recoup the costs of the repay- called underwear bomber, Umar Fa- best, most effective, most efficient way ment to the fund from the grant recipient rouk Abdulmutallab, pled guilty in to do it. I must say, when one looks at that was erroneously awarded grant funds. Federal court in Michigan. There were the record of the Justice Department (5) DEFINED TERM.—In this subsection, the term ‘‘unresolved audit finding’’ means an and are major cases resulting in crimi- in prosecuting these terrorists in civil- audit report finding, statement, or rec- nal convictions of terrorists. So I ian courts, prosecutions were achieved, ommendation that the grantee has utilized would suggest the Senator from New convictions were obtained, and as the grant funds for an unauthorized expenditure Hampshire’s concern that the Depart- world watched it, justice was served. I or otherwise unallowable cost that is not ment of Justice is not equipped to try am pretty proud of that. closed or resolved within a 6-month period terrorist suspects does not have trac- I hope we will defeat the amendment beginning on the date of an initial notifica- tion because the record shows other- of the Senator from New Hampshire tion of the finding or recommendation. wise. but that we be united as a Congress and (6) MATCHING REQUIREMENT.— I think we have to be careful because (A) IN GENERAL.—Unless otherwise explic- the Senate in making sure we pros- itly provided in authorizing legislation, no this amendment goes beyond current ecute those who engage in any preda- funds may be expended for grants to non-fed- law. In 2011, we passed the Defense Au- tory activity directed to the United eral entities until a 25 percent non-Federal thorization Act and then the 2011 con- States of America and its citizens. match has been secured by the grantee to tinuing resolution, both of which pro- I yield the floor. carry out this subsection.

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.061 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6737 (B) CASH REQUIREMENT.—Not less than 60 (B) PENALTY.—If the Attorney General de- nority leader, came to the floor and percent of the matching requirement de- termines that any recipient of a grant under spoke in reference to Abdulmutallab: scribed in subparagraph (A) shall be in cash. this Act has violated subparagraph (A), the He was given a 50 minute interrogation, (C) IN-KIND CONTRIBUTIONS.—No more than Attorney General shall— probably Larry King has interrogated people 40 percent of the matching requirement de- (i) require the grant recipient to repay the longer and better than that. After which he scribed in subparagraph (A) may be in-kind grant in full; and was assigned a lawyer who told him to shut contributions. In this subparagraph, the (ii) prohibit the grant recipient from re- up. term ‘‘ ‘in-kind contributions’ ’’ means legal ceiving another grant under this Act for not or other related professional services and of- less than 5 years. That was from Senator MCCONNELL. fice space that directly relate to the purpose (11) ANNUAL CERTIFICATION.—Beginning in Unfortunately, as colorful as that de- for which the grant was awarded. the first fiscal year beginning after the date piction of the facts might have been, it (7) NONPROFIT ORGANIZATION REQUIRE- of the enactment of this Act, the Assistant just wasn’t accurate. It turns out that MENTS.— Attorney General for the Office of Justice experienced counterterrorism agencies (A) DEFINITION.—For purposes of this sec- Programs, the Director of the Office on Vio- from the FBI interrogated tion and the grant programs described in lence Against Women, and the Director of this Act, the term ‘‘nonprofit organization’’ the Office of Community Oriented Policing Abdulmutallab when he arrived in De- means an organization that is described in Services shall submit, to Committee on the troit. According to the Justice Depart- section 501(c)(3) of the Internal Revenue Code Judiciary of the Senate , the Committee on ment, during the initial interrogation, of 1986 and is exempt from taxation under Appropriations of the Senate, the Committee the FBI ‘‘obtained intelligence that section 501(a) of such Code. on the Judiciary of the House of Representa- proved useful in the fight against al- (B) PROHIBITION.—The Attorney General tives, and the Committee on Appropriations Qaida.’’ may not award a grant using funds made of the House of Representatives, an annual available under this Act to a nonprofit orga- I say to my colleagues, watch this certification that— Ayotte amendment carefully, because nization that holds money in offshore ac- (A) all audits issued by the Office of the In- counts for the purpose of avoiding paying the spector General under paragraph (1) have it says that if there is a reference to a tax described in section 511(a) of the Internal been completed and reviewed by the Assist- terrorist associated with al-Qaida, we Revenue Code of 1986. ant Attorney General for the Office of Jus- can’t turn him over to the FBI or to (C) DISCLOSURE.—Each nonprofit organiza- tice Programs; the court system. He has to go to mili- tion that is awarded a grant using funds (B) all mandatory exclusions required tary tribunals. made available under this Act and uses the under paragraph (2) have been issued; After this initial interrogation, procedures prescribed in regulations to cre- (C) all reimbursements required under ate a rebuttable presumption of reasonable- Abdulmutallab refused to cooperate paragraph (4) have been made; and further with the FBI. Only then, after ness for the compensation of its officers, di- (D) includes a list of any grant recipients rectors, trustees and key employees, shall excluded under paragraph (2) from the pre- he stopped talking, did the FBI give disclose to the Attorney General, in the ap- vious year. him his Miranda warnings, which are plication for the grant, the process for deter- (b) USE OF FUNDS.—The Office of the In- required, of course, under criminal law mining such compensation, including the spector General shall conduct the audits de- in the United States. What the FBI did independent persons involved in reviewing scribed in subsection (a) using the funds ap- in this case was absolutely nothing and approving such compensation, the com- propriated to the Office of the Inspector Gen- new. During the Bush administration, parability data used, and contemporaneous eral under this Act. substantiation of the deliberation and deci- the previous Republican President’s ad- sion. Upon request, the Attorney General Mr. BLUNT. I yield the floor. ministration, the FBI also gave Mi- shall make the information disclosed under The PRESIDING OFFICER. The Sen- randa warnings to terrorists when they this subsection available for public inspec- ator from Illinois. were detained in the United States. tion. AMENDMENT NO. 753 Here is what Attorney General Holder (8) ADMINISTRATIVE EXPENSES.—Unless oth- Mr. DURBIN. Madam President, I said: erwise explicitly provided in authorizing leg- wish to stand and second the remarks islation, not more than 8 percent of the Across many Administrations, both before amounts appropriated under this Act may be made by the Senator from Maryland, and after 9/11, the consistent, well-known, used by the Attorney General for salaries Ms. MIKULSKI, related to the Ayotte lawful, and publicly-stated policy of the FBI and administrative expenses of the Depart- amendment. I think it is important for has been to provide Miranda warnings prior ment of Justice. us to reflect on recent history. to any custodial interrogation conducted in- (9) CONFERENCE EXPENDITURES.— It was last week that Umar Farouk side the United States. (A) LIMITATION.—No amounts appropriated Abdulmutallab pled guilty in Federal In fact, the Bush administration to the Department of Justice under title II of court to trying to explode a bomb in adopted new policies for the FBI that division B of this Act may be used by the At- say: ‘‘Within the United States, Mi- torney General, or by any individual or orga- his underwear on a flight to Detroit, nization awarded funds under this Act, to MI, on Christmas Day, 2009. Mr. randa warnings are required to be host or support any expenditure for con- Abdulmutallab, who will be sentenced given prior to custodial interviews.’’ ferences, unless the Deputy Attorney Gen- in January, is expected to serve a life Let’s take one example from the eral or the appropriate Assistant Attorney sentence. I wish to commend the fine Bush administration: Richard Reid, the General provides prior written authorization men and women at the Justice Depart- so-called shoe bomber. Reid tried to that the funds may be expended to host a ment and the Federal Bureau of Inves- detonate an explosive in his shoe on a conference. tigation for their extraordinary work flight from Paris to Miami in Decem- (B) WRITTEN APPROVAL.—Written approval ber of 2001, very similar to what under subparagraph (A) may not be dele- on this case. America is safer because gated and shall include a written estimate of the Obama administration chose the Abdulmutallab tried on that flight to all costs associated with the conference, in- right investigative agency, the Federal Detroit. So how does the Bush adminis- cluding the cost of all food and beverages, Bureau of Investigation, as well as our tration’s handling of the shoe bomber audio/visual equipment, honoraria for speak- article III court system, to try Mr. compare with the Obama administra- ers, and any entertainment. Abdulmutallab. tion’s handling of the underwear bomb- (C) REPORT.—The Deputy Attorney General One would never know this from the er? The Bush administration detained shall submit an annual report to the Com- speeches on the floor and from the and charged Richard Reid as a crimi- mittee on the Judiciary of the Senate and nal. They gave Reid a Miranda warning the Committee on the Judiciary of the House amendment which has been offered by of Representatives on all conference expendi- the Senator from New Hampshire be- within 5 minutes of being removed tures approved and denied. cause the suggestion is, it was a big from the airplane and they reminded (10) PROHIBITION ON LOBBYING ACTIVITY.— mistake—a mistake for us to consider him of his Miranda rights four times (A) IN GENERAL.—Amounts appropriated trying a terrorist in our criminal within the first 48 hours he was de- under this Act may not be utilized by any courts. She suggests, and others have tained. grant recipient to— joined her in this suggestion, that all If we listen to the Republican Sen- (i) lobby any representative of the Depart- these cases should be tried before mili- ators who come to the floor, they ment of Justice regarding the award of grant would suggest to us that giving Mi- funding; or tary tribunals, military commissions. (ii) lobby any representative of the Federal I wish to put on the RECORD, in sup- randa warnings is the end of the inter- Government or a State, local, or tribal gov- port of what Senator MIKULSKI said rogation. Once a potential criminal de- ernment regarding the award of grant fund- earlier, the facts in this case. I can re- fendant is advised that they have the ing. call when Senator MCCONNELL, the mi- right to remain silent, the Republican

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.011 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6738 CONGRESSIONAL RECORD — SENATE October 19, 2011 Senators who support this amendment Presidents where they could no longer America’s court system, the same would argue: That is it. We just gave it make a decision about whether a case court system where we prosecute peo- away. They are going to lawyer up and should be tried in the article III crimi- ple accused of crimes and misconduct shut up, and we won’t learn anything. nal courts or in a military commission in America, and the would-be terrorists Listen to what happened in the or tribunal. are going to be held to the same stand- Abdulmutallab case: He was stopped. Look at the facts. Since 9/11, more ards of trial. It will not be a military He was interrogated by the FBI. He than 200 terrorists have been success- commission. It will be a court setting spoke to them for awhile. He stopped fully prosecuted, among them, Ramzi which can be followed by the public, talking. He was given his Miranda Yousef, the mastermind of the 1993 not only in the United States but warnings. Let me tell my colleagues World Trade Center bombing; Omar across the world. It says to them that what happened next. He began talking Abdel Rahman, the so-called Blind our system of justice is fair and open, again to FBI interrogators and pro- Sheikh; the twentieth 9/11 hijacker and whether a person is a citizen of vided valuable intelligence. There was Zacarias Moussaoui; Richard Reid, the this country or a suspected terrorist, no torture, coercion or waterboarding ‘‘Shoebomber;’’ Ted Kaczynski, the they can be subjected to the same involved. Unabomber; Terry Nichols, the Okla- standards of justice. FBI Director Robert Mueller de- homa City coconspirator; and now I urge my colleagues, do not tie the scribed it this way: Abdulmutallab. hands of this President or any Presi- Over a period of time, we have been suc- The Ayotte amendment would stop dent in protecting America against ter- cessful in obtaining intelligence, not just on the President of the United States and rorists. Leave to those Presidents the day one, but on day two, day three, day four, the Attorney General and the Sec- tools they need to effectively protect day five, down the road. retary of Defense from picking the the United States of America. Let me remind my colleagues: Mr. right place to investigate, to gather in- Defeat the Ayotte amendment. Abdulmutallab is associated with al- formation, and to prosecute an indi- I yield the floor. Qaida, the very type of terrorist that vidual who is suspected of terrorism in The PRESIDING OFFICER (Mr. would be precluded from an FBI inves- the United States. WHITEHOUSE). The Senator from New tigation and an article III court pros- During that same period of time, how Jersey. ecution by the Ayotte amendment. many individuals have been success- AMENDMENT NO. 857 TO AMENDMENT NO. 738 How did this happen? Do you know fully tried by the military commis- Mr. MENENDEZ. Mr. President, I be- how it happened? Instead of using coer- sions, which Senator AYOTTE believes lieve we have cleared with the two dis- cive techniques, the Obama adminis- should be the exclusive place to try a tinguished Senators who are managing tration convinced Abdulmutallab’s would-be terrorist? Three. So the the bill this unanimous consent re- family to come to the United States, record is, if you are keeping score, over quest, which is to set aside the pending and his family sat down with him and 200 in the criminal courts; 3 in military amendment to call up my amendment told him: Why don’t you cooperate commissions. Senator AYOTTE says: No. 857. with the FBI? And he did. That is a Convincing evidence for me. It is pret- The PRESIDING OFFICER. Without very different approach from what we ty clear to me, everybody should go to objection, the clerk will report. saw in a previous administration when a military commission. Really? And of The assistant legislative clerk read coercive techniques were used. the three who were prosecuted in mili- as follows: But real life is not like the TV Show tary commissions, two of them spent The Senator from New Jersey [Mr. MENEN- ‘‘24,’’ when old Jack Bauer tortures less than a year in prison and are now DEZ], for himself, Mr. ISAKSON, and Mrs. somebody and they cannot wait to spill living freely in their home countries of FEINSTEIN, proposes an amendment num- the beans. Here is what we learned dur- Australia and Yemen. bered 857 to amendment No. 738. ing the Bush administration: In real Let’s go to GEN Colin Powell, a Mr. MENENDEZ. Mr. President, I ask life, when people are tortured, they known member of a former Republican unanimous consent that reading of the will say anything to make the pain administration and former Secretary of amendment be dispensed with. stop. They will lie and fabricate and go State and former head of the Joint The PRESIDING OFFICER. Without on and babble as long as necessary to Chiefs of Staff. You would think this objection, it is so ordered. stop the pain of the torture. They often man, with his special life experience The amendment is as follows: provide false information instead of and responsibilities to fight terrorism, (Purpose: To extend loan limits for programs valuable intelligence. would be a good place to turn. What of the government-sponsored enterprises, Richard Clarke was the senior coun- does GEN Colin Powell think about the the Federal Housing Administration, and terterrorism advisor to President Clin- notion behind the Ayotte amendment, the Veterans Affairs Administration, and ton and President George W. Bush. that we should not try people in crimi- for other purposes) Here is what he said about the Obama nal courts, only in military commis- At the appropriate place, insert the fol- administration’s approach: sions? Well, GEN Colin Powell is quite lowing: SEC. l. HOUSING LOAN LIMIT EXTENSIONS. The FBI is good at getting people to talk a military man. Here is what he said: (a) FEDERAL HOUSING ADMINISTRATION.— . . . they have been much more successful The suggestion that somehow a military Notwithstanding any other provision of law, than the previous attempts of torturing peo- commission is the way to go isn’t borne out for mortgages for which a Federal Housing ple and trying to convince them to give in- by the history of the military commissions. Administration case number has been as- formation that way. It is a very honest statement. It signed during the period beginning on the So what is the record here? The should be honest enough and direct date of enactment of this Act and ending on record is worth recounting. I will tell enough to guide Members of the Senate December 31, 2013, the dollar amount limita- you, I am not sure of the exact number, to defeat the Ayotte amendment. tion on the principal obligation for purposes but I have been told that anywhere Whether it is a Democratic President of section 203 of the National Housing Act (12 from 200 to 300 accused terrorists have or a Republican President, they should U.S.C. 1709) shall be considered to be, except been successfully prosecuted in the ar- for purposes of section 255(g) of such Act (12 have every tool at their disposal to U.S.C. 1715z-20(g)), the greater of— ticle III criminal courts of America. keep America safe. They should pick (1) the dollar amount limitation on the The Ayotte amendment would stop the the forum they believe they can most principal obligation of a mortgage deter- President of the United States from effectively use to gather information mined under section 203(b)(2) of the National using that option—an option that has and prosecute terrorists. Time and Housing Act (12 U.S.C. 1709(b)(2)); or been used repeatedly over the last 10 time and time again, under Republican (2) the dollar amount limitation that was years to stop terrorists in their tracks, President Bush and Democratic Presi- prescribed for such size residence for such prosecute them, incarcerate them, and dent Obama, they have turned to our area for 2008 pursuant to section 202 of the make them pay a heavy punishment Economic Stimulus Act of 2008 (Public Law court system, and they have success- 110–185; 122 Stat. 620). for what they tried to do to the United fully prosecuted terrorists. (b) FANNIE MAE AND FREDDIE MAC LOAN States. One point made by Senator MIKULSKI LIMIT EXTENSION.— This Ayotte amendment would tie that I think is worth repeating: What (1) IN GENERAL.—Notwithstanding any the hands of this President and future we are saying to the world is, come to other provision of law, for mortgage loans

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.062 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6739 originated during the period beginning on loan at these levels—on September 30 nomic conditions right now are not al- the date of enactment of this Act and ending of this year. In past years, extending lowing for that. It certainly has not on December 31, 2013, the limitation on the these loan limits has usually occurred taken place. maximum original principal obligation of a on the THUD appropriations bills. And in terms of cost, our amendment mortgage that may be purchased by the Fed- As the chair of the Subcommittee on eral National Mortgage Association or the will actually save $11 million over the Federal Home Loan Mortgage Corporation Housing, I can tell you that getting our next 10 years, and $2 million in fiscal shall be the greater of— housing market moving again is one of year 2012 according to CBO. It is more (A) the limitation in effect at the time of the most important tasks facing our than fully paid for in a fair way by cre- the purchase of the mortgage loan, as deter- country today because if we do not get ating a ‘‘premium loan fee’’ of 15 basis mined pursuant to section 302(b)(2) of the that weak housing market moving points per year that would apply only— Federal National Mortgage Association again, we will not get the kind of ro- only—to the affected loans. This makes Charter Act (12 U.S.C. 1717(b)(2)) or section bust economic recovery that the Amer- sense because the people benefiting 305(a)(2) of the Federal Home Loan Mortgage ican people deserve. Historically, Corporation Act (12 U.S.C. 1454(a)(2)), respec- from the loans would be directly re- tively; or whenever we have been in the midst of sponsible for paying the costs of those (B) the limitation that was prescribed for an economic challenge or a recession, loans so taxpayers are made whole and loans originated during the period beginning housing has been part of what has led no other home buyers would pay. And, on July 1, 2007 and ending on December 31, us out of that recession. as I say, it saves $11 million over the 2008, pursuant to section 201 of the Economic Congress could be doing a great deal next 10 years. Stimulus Act of 2008 (Public Law 110-185, 122 to get the housing market moving Additionally, the amendment will Stat. 619). again. But perhaps the first rule we likely help increase returns to tax- (2) PREMIUM LOAN FEE.— should follow is: Do no harm. Do no payers because FHA audits for the past (A) IN GENERAL.—Notwithstanding any other provision of law, the Federal Housing harm. But at this point, Congress, in decade have stated that the larger Finance Agency shall, by rule or order, im- my view, is doing harm to the housing loans actually perform better and de- pose a premium loan fee to be charged by the market and to our economic recovery fault at significantly lower rates than Federal National Mortgage Association and by allowing the higher loan limits to smaller loans, so allowing the larger the Federal Home Loan Mortgage Corpora- expire. With this bipartisan amend- loans could actually improve returns tion with respect to mortgage loans made el- ment, we could easily correct this to taxpayers. igible for purchase by the Federal National problem. Finally, I thank the cosponsors of a Mortgage Association and the Federal Home The lower loan limits of the Federal very similar bipartisan bill—similar to Loan Mortgage Corporation by a higher limi- Housing Administration, government- tation provided under paragraph (1)(B), an- the very essence of what we are trying nually during the life of the loan, of 15 basis sponsored enterprises, and Veterans to do in this amendment—that Senator points of the unpaid principal balance of the Administration have already resulted ISAKSON and I have introduced, the mortgage, to achieve an estimated in a reduction of consumer credit in 669 Homeownership Affordability Act: Sen- $300,000,000 from the revenue raised from counties across 42 States in our coun- ators AKAKA, BEGICH, BLUMENTHAL, such fees. try. The expiration is making a weak BOXER, SCOTT BROWN, CARDIN, CHAM- (B) PREMIUM LOAN FEE STRUCTURE.—The housing market even weaker. It also BLISS, COONS, FEINSTEIN, INOUYE, LAU- premium loan fee is independent of any guar- makes it harder for middle-class home TENBERG, LIEBERMAN, MERKLEY, MIKUL- antee fees, upfront or ongoing, charged to buyers to get mortgages when credit is the borrower, and the premium loan fee shall SKI, BILL NELSON, and SCHUMER. I wish not be affected by changes in guarantee fees. already tight. And every day that to thank the National Association of (3) USE OF FEES.— passes is another day in which credit- Realtors, the National Association of (A) IN GENERAL.—The fees imposed under worthy borrowers are not getting loans Homebuilders, the Mortgage Bankers paragraph (2) by the Federal Housing Fi- or are having to pay much higher rates Association, and all the other groups nance Agency shall be deposited in the fund that could price them out of the mar- that have advocated support for this ef- established under subparagraph (C), and ket, and those loans are not going to fort. This is an important tool that we shall be used to pay for costs associated with come back. can use to boost our housing market maintaining loan limits established under I recently chaired a Housing Sub- and economic recovery at no cost to this section. committee hearing on a different topic, (B) SUBJECT TO APPROPRIATIONS.—Amounts the taxpayers. in the fund established under subparagraph where the witnesses were not chosen I see my distinguished colleague Sen- (C) shall be available only to the extent pro- for their views on a particular issue. ator ISAKSON on the floor, and I cer- vided in a subsequent appropriations Act. They represented an entire cross sec- tainly would invite him, as a cosponsor (C) FUND.—There is established in the tion of all of the interested stake- of this amendment—someone who has a United States Treasury a fund, for the de- holders in the housing field, including long history in the private sector, be- posit of fees imposed under paragraph (2), to those who were submitted to us by our fore he came to the Congress, on the be used to pay for costs associated with Republican colleagues to consider as whole question of real estate—I would maintaining loan limits established under witnesses. And there were several. this section. be happy to yield to him at this time. (4) FHFA REPORT ON FEES.—The Federal Eight of the nine bipartisan witnesses Mr. ISAKSON. I thank the distin- Housing Finance Agency shall include in who testified in the hearing agreed guished Senator from New Jersey, Mr. each annual report required by section 1601 that the conforming loan limits should MENENDEZ, for his leadership on this of the Housing and Economic Recovery Act be temporarily extended to boost the issue. of 2008 related to the period described in housing market, and that now is not I ask to be recognized. paragraph (2)(B) a section that provides the the right time to let them expire. The PRESIDING OFFICER. The Sen- basis for and an analysis of the premium One of the witnesses, Dr. Mark Zandi, ator from Georgia is recognized. loan fee charged in each year covered by the chief economist of Moody’s Analytics, Mr. ISAKSON. Thank you, Mr. Presi- report. urged that the limits be extended for dent. (c) DEPARTMENT OF VETERANS AFFAIRS LOAN LIMIT EXTENSION.—Section 501 of the ‘‘at least’’ another year. That is a re- Let me try to dispel what concern Veterans’ Benefits Improvement Act of 2008 versal of Dr. Zandi’s position from ear- there may be and the concern I heard (Public Law 110–389; 122 Stat. 4175; 38 U.S.C. lier this year, when he had supported right before we adjourned in August as 3703 note) is amended, in the matter before the expiration. He said at the hearing to why not to extend the loan limits. paragraph (1), by striking ‘‘December 31, that the markets remain too fragile People were afraid—and I understand 2011’’ and inserting ‘‘December 31, 2013’’. and that allowing the limits to expire the fear—that it might cause some ad- Mr. MENENDEZ. Mr. President, let would be ‘‘an error.’’ ditional liability in cost to the govern- me speak to this amendment. I offer A recent report by the nonpartisan ment and the taxpayers. this amendment along with my distin- Congressional Research Service found Let me make something crystal guished colleague from Georgia, Sen- that ‘‘virtually no’’—no—‘‘jumbo mort- clear: We are going through a terrible ator ISAKSON, to temporarily restore gages are being securitized’’ today. In foreclosure problem right now in this the conforming loan limits that ex- other words, in an ideal world, the pri- country, not because of loan limits but pired—the loan limits we had under the vate sector would fill this gap in home because of underwriting. Underwriting law that created the opportunity to mortgages, but the reality is that eco- today, because of the ramifications of

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.012 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6740 CONGRESSIONAL RECORD — SENATE October 19, 2011 the real estate collapse, is the most complishes so many objectives. No. 1, reductions in spending in each division re- pristine underwriting I have ever seen. it helps people with real problems be quired to bring the overall spending for the I was in the business for 33 years— able to get back on their feet, maintain division to fiscal year 2011 levels which shall since 1966. I have seen a lot of housing home ownership, and get our economy not exceed $130,559,669,000 for division A (Ag), $58,786,478,000 for division B (CJS), and recessions go by. I have seen a lot of going and put people to work. $55,368,096,000 for division C (THUD). difficulties. This one is the worst I I know the Senator from New Jersey have ever seen, but it was not caused and others here support an infrastruc- Mr. LEE. Mr. President, I stand to by the amount of loans made. It was ture bank. Yes, we want to build roads speak on behalf of this motion to re- caused by underwriting. and bridges. I would like to take commit. What we are looking at here with H.R. 2112 is a measure that actu- As Senator MENENDEZ has said, this broadband to every part of America. will pay the government back because But we also need to look at home ally spends more in each of those areas of the fee associated with the loan, in building, and Maryland’s has come to a than what we spent in fiscal year 2011. the first place. In the second place, it screeching halt, even in a robust State We are in dire economic circumstances will answer the big objective we need such as Maryland. Everybody I talk to in this country. We are currently to start applying in this country, and in the Maryland business community spending at a rate of roughly $1.5 tril- that is doing no more harm. A lot of says: Unless you crack the housing sit- lion annually in excess of what we are the problems that have been mani- uation, you cannot crack the economic bringing in. fested in the real estate industry have situation. We have gone to great lengths been manifested by our doing the By having access to the American through a number of accounting mech- harm, either in what we imposed on dream, which has now become an anisms to demonstrate to the Amer- Freddie and Fannie or what we did not American nightmare, this American ican people that we are doing our best allow to have happen. dream created jobs, whether it was peo- to spend less. In many circumstances, The restrictions now on mortgage ple who built them, the real estate de- the message that has been sent has underwriting under Dodd-Frank and velopers who developed them, or the been a message of austerity. It becomes the requirements that are now true in people like Senator ISAKSON who made increasingly difficult to manage and to all of our underwriting agencies are so a career of selling them. This was maintain that necessary message of strict that the underwriting of loans is about building a home, and in many in- austerity, one that is accompanied by so pristine that only the best of the stances it was about building commu- hundreds of millions of Americans best is being made. The unintended nity. making sacrifices every day in re- consequence of not extending these in- I think that where we are, if we agree sponse to this economic downturn. creases in August caused a number of to the Menendez amendment, that will It becomes absolutely essential that real estate transactions that were go a long way in being able to help peo- we actually make cuts. To make actual made to never close. Because the limit ple. We have to really deal with this. cuts, I think that means necessarily went down, therefore, the loan went Quite frankly, I have been dis- that we have to spend less in fiscal down. appointed. Just about every darn thing year 2012 than we spent in fiscal year No one in this body should confuse we have done to ‘‘help with the housing 2011. We will continue, I fear, to lack the amount of a loan with its ability to mortgage situation’’ has been a bust. It credibility if we persist in using what- be repaid. They need to understand, it has been an absolute bust. We spent ever techniques we use, accounting- is the underwriting of the loan that en- millions and so on. We had this pro- wise or otherwise, to claim we are re- sures the repayment. gram. We had catchy little titles. But ducing spending when, in fact, this ap- This, as the Senator said, will add an nothing catches on to solve the mort- propriations package—this minibus income to the U.S. Government. It will gage crisis. spending package, as we sometimes not add additional pressure on the U.S. I believe the Menendez amendment, refer to it—actually spends more taxpayers. It will at least give us supported by someone who really un- money than was spent in 2011. breathing room in a housing industry derstands business and housing and This is why I have submitted this that is still struggling terribly. community—I think this amendment is motion. I hope my colleagues will So I would ask any of our Members a winner. I am happy to put my name share this concern I have expressed, who were objecting back in August to on it. I will look forward to voting for which has caused me to submit this these loan limits being restored, please it when the time comes. motion. The idea of the motion is that come see me. I do not know a lot about The PRESIDING OFFICER. The Sen- we bring our spending levels back down many things. I know a whole lot about ator from New Jersey. in each of these areas to what we spent this because I made my living in this Mr. MENENDEZ. Mr. President, just in fiscal year 2011. all of my life. I have no interest any- very briefly, I thank my colleague I yield the floor. more, so there is no self-interest, ex- from Maryland and the bill manager. I The PRESIDING OFFICER. Under cept to know we are in deep trouble in hope we will get to a point where we the previous order, the motion to re- our economy. can cast a vote on this. I appreciate commit is set aside. You are never going to get 9 percent Senator ISAKSON joining me and others The Senator from Maryland is recog- unemployment down until you bring in this effort, and particularly his ex- nized. construction back. You are never going pertise. If we listen to voices of reason Ms. MIKULSKI. We have set aside to get the American consumer to have as well as experience here, then Sen- the motion to recommit offered by the more confidence until they feel as ator ISAKSON’s arguments should be a Senator from Utah; however, I wish to though the value of their homes is se- winner. I look forward to hopefully rise in opposition to his motion. This is cured. Those things are not going to having a vote. all about budget-speak. It is really happen if a reluctant Congress con- I yield the floor. hard to follow between budget author- tinues to pass suppressing legislation The PRESIDING OFFICER. The Sen- ity and expenditures, et cetera. But let or keep these loan limits down rather ator from Utah. me just say this in plain English. than doing things that will do no harm MOTION TO RECOMMIT This bill is $500 million less than we and help the housing market. Mr. LEE. Mr. President, I have a mo- spent in 2011—$500 million less than we So I lend my full support to Senator tion to recommit with instructions spent in 2011. Now, this is not the MENENDEZ and what he has done. I ask with respect to H.R. 2112. chairperson of the CJS bill kind of for favorable consideration by our col- The PRESIDING OFFICER. The making up numbers. This is confirmed leagues in the Senate. clerk will report. by the Congressional Budget Office. It The PRESIDING OFFICER. The Sen- The assistant legislative clerk read has been certified by the chairman of ator from Maryland. as follows: the Budget Committee. The CJS bill is Ms. MIKULSKI. Mr. President, I The Senator from Utah [Mr. LEE] moves to nearly $500 million less than last year. would like to compliment the Senator recommit the bill H.R. 2112 to the Com- Now, am I doing fuzzy math? No. I do from New Jersey for this amendment. I mittee on Appropriations with instructions not do fuzzy math. The CJS bill is con- think it is common sense. I think it ac- to report the same back to the Senate with sistent with something called the

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.064 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6741 Budget Control Act. The Budget Con- and now here we are. So when we talk for departmental administration is al- trol Act requires appropriations to cut about cutting, we have cut. We have ready over $13 million below the fiscal $7 billion for our fiscal year 2012. When absolutely cut. We cut discretionary year 2010 level and $7 million below the we got our allocation, the CJS sub- spending at an incredible level. And do President’s request. committee allocation was $500 million you think it is has helped create one Although I definitely support the wa- below 2011. I am going to say it again— job? Do you think the market is going tershed rehabilitation program, I cer- $500 million below what we spent in ‘‘hoorah, hoorah, look at what they are tainly hope Senator KOHL and Senator 2011. doing’’? No. Do you know why? Because MORAN can find a good offset that is This allocation required the CJS sub- the private sector knows that if we are agreeable to the majority of us. Still, I committee to take stern and even dras- going to be a 21st-century nation, if we must oppose this amendment and urge tic measures. I eliminated 30 programs. are going to be America the excep- other Senators to oppose it as well. Yes, Senator BARBARA MIKULSKI, a tional, we must educate. With that, I yield the floor. Democratic, a liberal, I cut and elimi- We also must invest in scientific re- The PRESIDING OFFICER. The Sen- nated 30 programs: 4 in Commerce—I search so that the private sector can ator from Alabama. think you objected to 1; 20 in Justice; 1 take that basic research we do, value Mr. SESSIONS. I see my colleague in Space; 4 in the National Science add to it, and with the genius that is from Colorado. I was going to call up Foundation. I could not believe it, but America, the ability—that intellectual an amendment and make some re- that is what we had to do. property you can own and be protected, marks. Is there a procedural matter or We cut the Deep Underground that you are going to develop a prod- something the Senator would be inter- Science and Engineering Lab by $1 bil- uct, and you have the National Insti- ested in doing before that? If not, I will lion. That was a $1 billion project the tute of Standards to come and help you go forward. I thought maybe the Sen- National Science Foundation wanted. develop the standards so that you will ator wanted to comment on Senator We said we would like it too but not in be able to sell it in America in every PRYOR’s comments. these austere times. There were other State and sell it around the world in Mr. UDALL of Colorado. I have an- programs that we were able to do. And every nation. other set of comments I want to make we were not happy about it. We abso- So come on. If we want to be America on a pending amendment. I don’t know lutely were not happy about it. We cut the exceptional, stop nickel-and- where we are in the order here. the Baldridge Program. We cut the diming. One of the ways you deal with Ms. MIKULSKI. Does the Senator public telecommunications facility debt is a growing economy, restoring wish to offer an amendment? planning and communications. I mean, consumer confidence, restoring citizen Mr. UDALL of Colorado. I will rise in we did what we had to do. confidence, No. 1, that we can govern opposition to an amendment already So while the Senator looks at I am ourselves and that we can govern our- offered. not sure what, I can tell you we are selves in a smart fashion. Yes, we do Mr. SESSIONS. Then I guess I have $500 million below 2011. The Congres- need to be frugal, but we sure do not the floor, Mr. President. sional Budget Office says it. The num- need to be stupid. Ms. MIKULSKI. I am seeking clari- bers were reviewed by the Budget Com- I am going to oppose this amend- fication. mittee itself. The chairman signed off ment, and I sure hope the people pass Mr. SESSIONS. I yield to the Sen- my bill. that we were $500 million below, to ator for that purpose. I yield the floor. Ms. MIKULSKI. Does the Senator help the overall Appropriations Com- The PRESIDING OFFICER. The Sen- wish to comment on the Moran amend- mittee reduce its expenditures by $7 ator from Arkansas. billion. ment? AMENDMENT NO. 815 So that is for 2011. Now let’s look at Mr. UDALL of Colorado. Amendment Mr. PRYOR. I see that I have other 2012. I mean, the President came to No. 753 offered by the junior Senator colleagues on the floor. I will only be a Congress and gave a dynamic State of from New Hampshire. couple of minutes. Ms. MIKULSKI. We are alternating the Union speech. It touched America Today I rise to oppose an amendment back and forth, so we will go to Sen- deeply when he said: I want to offered by Senator MORAN, amendment ator SESSIONS and then Senator UDALL. outbuild, outeducate, outinnovate any- No. 815. I really do appreciate the in- Mr. UDALL of Colorado. Thank you. one in the world. And he proposed his tent of Senator MORAN’s amendment. I I look forward to hearing from the Sen- budget. actually support the intent of what he ator from Alabama. When you look at what we are doing is trying to do because he is trying to Ms. MIKULSKI. Then we will go to here, my appropriations, my Com- support the Watershed Rehabilitation the Senator from Colorado for his com- merce-Justice appropriations, is $5 bil- Program. lion—that is ‘‘b’’ as in ‘‘Barb’’—not $5 While I am not opposed to that pro- ments. The PRESIDING OFFICER. The Sen- million, like ‘‘m’’ in ‘‘Mikulski.’’ We gram, and I recognize that difficult de- are $5 billion below what the President cisions had to be made in order to meet ator from Alabama. Mr. SESSIONS. Mr. President, I ask said he needed in Commerce-Justice- our statutory spending caps outlined in unanimous consent that the Senator Science, technology, the innovation the Budget Control Act, I regret to say subcommittee, to help outeducate and I cannot support the Senator’s amend- from Colorado be recognized after I out-innovate anybody else in the ment as it is written because its offset complete my remarks. The PRESIDING OFFICER. Without world. So I am $5 billion less than what comes from departmental administra- the President of the United States said tion which provides numerous essential objection, it is so ordered. he needed to have to accomplish na- services to the USDA. AMENDMENT NO. 810 TO AMENDMENT NO. 738 tional goals. These cuts would force USDA to re- Mr. SESSIONS. Mr. President, pursu- Now, we talk a lot about that we duce their number of employees, which ant to the unanimous consent agree- want America to be exceptional. Well, would have a detrimental effect on the ment, I call up Sessions amendment you have to spend money to be excep- Department and its operation. In fact, No. 810. tional, and when you put your money Secretary Vilsack reached out to the The PRESIDING OFFICER. The in science, technology, and education, Agriculture Appropriations sub- clerk will report. we can come up with new ideas, new committee staff to relay his serious The assistant legislative clerk read products that we can make and sell concerns. as follows: around the world, and our children These USDA employees provide es- The Senator from Alabama [Mr. SESSIONS] know they have a future in this new sential services to some of the most proposes an amendment numbered 810 to global economy. rural areas in the country, so I cannot amendment No. 738. I do not want to be nickel-and-dimed support the amendment that would, in Mr. SESSIONS. Mr. President, I ask here. I have already been nickel-and- effect, reduce services to rural Amer- unanimous consent that reading of the dimed to be able to comply with this ica. amendment be dispensed with. bill. You know, I am back to where On top of that, it is important for my The PRESIDING OFFICER. Without Obama was in January, that cold day, colleagues to understand that the level objection, it is so ordered.

VerDate Mar 15 2010 02:56 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.066 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6742 CONGRESSIONAL RECORD — SENATE October 19, 2011 The amendment is as follows: lion, let me share a few facts. The Fed- because they don’t have an incentive to (Purpose: To prohibit the use of funds to eral prison system costs $7 billion. The do so. allow categorical eligibility for the supple- Department of Justice—the entire De- Again, Federal regulations now allow mental nutrition assistance program) partment of Justice, which Senator States to make households ‘‘categori- At the end of title VII of division A, add WHITEHOUSE and I served in—and were cally eligible’’ for SNAP—the Food the following: proud to do so—gets $31 billion. Federal Stamp Program—simply because the SEC. l. None of the funds appropriated or highway funding for the entire year is household also receives certain other otherwise made available by this Act shall be used to pay the salaries and expenses of $40 billion. Food stamps is twice that benefits or assistance from Federal personnel to carry out the supplemental nu- of the Federal highway bill. Customs programs. ‘‘Categorical eligibility’’ is a trition assistance program established under and Border Patrol get $12 billion. The fancy way of saying ‘‘automatically the Food and Nutrition Act of 2008 (7 U.S.C. Federal Education Department is $30 qualified.’’ For example, if you qualify 2011 et seq.) in any manner that permits a billion. $80 billion dwarfs the budgets for one, you qualify for the other. household or individual to qualify for bene- of, I think, most any State in the coun- Households that receive Temporary As- fits under that program without qualifying try, except for maybe New York or sistance for Needy Families, TANF, or under the specific eligibility standards (in- cluding income and assets requirements) of California. Alabama’s general fund Supplemental Social Security income the program, regardless of the participation budget and education budget is less benefits or assistance are automati- of the household or individual in any other than $10 billion. This is $80 billion and cally eligible for SNAP benefits in Federal or State program. is increased $9 billion this year under some states. Mr. SESSIONS. Mr. President, the this bill. These other programs, however, have purpose of amendment No. 810 is to We have to get real. We don’t have looser eligibility standards than the eliminate the categorical eligibility for the money. We are borrowing 40 cents Food Stamp Program. To be eligible the Supplemental Nutrition Assistance of every dollar we spend. No wonder for SNAP benefits, a household must Program, called SNAP, or the Food Congress is in such disrepute. How can meet specific income and asset tests. Stamp Program. A categorical eligi- we defend ourselves against the charge Households with income above a cer- bility standard has been imposed, and of irresponsibility to good and decent tain threshold, or savings above a cer- it has been causing a substantial in- American citizens when we are spend- tain amount, cannot qualify for food crease in unjustified expenditures in ing at this rate and continuing to show stamps. If you have a substantial sav- the Food Stamp Program. increased spending at this rate? I am ings, even if you don’t have any in- Let me share briefly the history over still amazed at the budget the Presi- come, you are not entitled for some- the last decade of the Food Stamp Pro- dent submitted to us earlier this year, body else to pay for your food. I don’t gram. Of course, we in America strong- calling for a 10-percent increase in the know what the number is, but if you ly believe that persons ought not to go Education Department, 10 percent for have a savings amount, and if you are to bed hungry, if we have the food and the Energy Department, and 10 percent above that, you don’t get food stamps. the ability to take care of them. We for the State Department, at a time we Is that irrational? have had a very generous Food Stamp are borrowing money at a rate we But in 42 States there is no limit on Program for a number of years. But in never borrowed before, when we have the amount of assets certain house- the last decade, it has shown incred- never, ever systemically faced such a holds may have to qualify for TANF. ible, amazing increases in spending. As substantial threat to our country’s fi- As a result, households with substan- a matter of fact, I think it has in- nancial welfare—as every expert has so tial assets but low income would be creased faster than probably any other told. deemed eligible for SNAP benefits even significant item in the entire Federal I know we want to help poor people. if they have substantial assets. budget. It is probably increasing more I don’t want to see people hungry. But Astonishingly, households can be cat- even than the interest on the debt, do we need to be spending four times as egorically eligible for SNAP even if which is one of the most surging ex- much on food stamps as we were in they receive no TANF-funded service penditures this Nation has. 2001? Can we not look at this program other than a toll-free telephone num- In 2001, we expended $20 billion on the and think we can make it better and ber or informational brochure. I kid Food Stamp Program. This year, we more efficient? We need to get focused you not. Receiving the information are projected, under this bill, to spend on what we are doing here and try to about TANF or other applicable infor- $80 billion. In 10 years, spending on bring this matter under control. We mation can qualify a household to be food stamps would have quadrupled. can do better. categorically eligible for SNAP bene- This year’s proposal calls for an in- Federal regulations allow States to fits. crease of 14 percent over last year. This make households ‘‘categorically eligi- A 2010 GAO report revealed that one is a stunning amount of money. ble’’ under the Food Stamp Program. State included information about a This country is headed to financial By the way, States administer the pro- pregnancy prevention hotline on the crisis. Erskine Bowles and Alan Simp- gram. They don’t get money to enforce SNAP application, and that was used son, who headed President Obama’s it and supervise it. They pay that out as a basis to grant categorical eligi- debt task force, told us in the Budget of their own budgets. But the food bility. Other States reported providing Committee that the country has never stamps benefit is a 100-percent Feder- household brochures with information faced a more serious financial crisis ally funded program. So there is a lit- about marriage classes in order to con- than the debt crisis we are now in. One tle bit of a conflict of interest. States fer categorical eligibility for food of the reasons is that we have had are benefitting when more food stamps stamps. these incredible surges of expenditures come into their State, right? They are According to officials with the Food in programs over a period of years. We receiving more Federal dollars. They and Nutrition Service, increased use of have not watched them or contained are not paying any money into it. Why ‘‘categorical eligibility’’ by States has them and, indeed, we have done things spend their money to catch fraud, increased approval of SNAP benefits to to make them less accountable and ef- waste, and abuse and crack down on households that would not otherwise be ficient and more subject to fraud, problems? Why not utilize every pos- eligible for the program due to SNAP abuse, and waste. sible action that would bring more food income or asset limits. The Food and Again, this year proposes another 14- stamps to the State? That is what is Nutrition Service, which supervises percent increase in the Food Stamp happening. this, acknowledged that more people Program. That is $80 billion. The House I know a little bit about that be- are eligible if you use this ‘‘categorical proposed only a $1 billion increase; cause, unless the Presiding Officer is eligibility’’ rather than requiring them theirs comes in at roughly $71 billion one, I am probably the only person in to comply with explicit requirements for food stamps. So theirs is more this body who actually prosecuted food of the Food Stamp Program. level. But it still has an increase. Cer- stamp fraud. They were using it as cur- So my amendment would eliminate tainly, it is far less than this. rency in drug dealing. A lot of fraud is categorical eligibility for SNAP bene- To give some perspective on what we going on, and we need to do better fits, meaning that only those who meet are talking about when we say $80 bil- about it. The States aren’t stepping up the income and asset requirements

VerDate Mar 15 2010 04:18 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.067 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6743 under the program would be eligible for send more money up here? Until we do have been having in the Senate on benefits. They would have to apply just that, raising tax rates will only be these important appropriations bills. like anyone else. funding the continued abuse of the Before I begin my remarks, I wish to Is it too much to ask someone who is American taxpayer. Raising taxes to yield to the chair of the Agriculture going to receive thousands of dollars in bail out Congress is akin to giving Committee who has some comments to food benefits from the Federal Govern- money to an alcoholic on the way to make in response to the Senator from ment to fill out a form and to honestly the liquor store. It doesn’t help mat- Alabama. state whether they are in need, to the ters if the money comes from a The PRESIDING OFFICER. The Sen- degree they qualify for the program? wealthy person, if the money is going ator from Michigan. Automatic eligibility through other in- to be used for an unwise or unhealthy Ms. STABENOW. Mr. President, I come support programs would end result. It is time for the President and thank my colleague and, if I might, under my amendment. this Senate to get their spending hab- take a moment to respond. Last Friday, the Treasury Depart- its under control. These bills before us, Ms. MIKULSKI. We have an order ment closed the books on fiscal year I am afraid—and the ones we will be that has been established. I can under- 2011 and declared the Federal Govern- seeing in the future—don’t reduce stand the Senator from Michigan want- ment ended the year with $1.23 trillion spending but increase spending, and I ing to rebut. How long does the Sen- in additional debt. That makes our thank the Chair for the opportunity to ator from Michigan wish to talk? gross debt now $15 trillion. Our appro- express my concerns about it. Ms. STABENOW. Just 2 minutes to priations for the SNAP program have Finally, I would just say we are told: respond to the previous Senator. gone from $20 billion in 2001 to $71 bil- We can’t do anything about it. We are Ms. MIKULSKI. OK. lion in 2011 and are projected now to go told we can’t fix the food stamps. Food The PRESIDING OFFICER. Is there to $80 billion. From 2001 through 2011, stamps don’t count like other appro- objection? there is a huge increase in funding for priations. One might say: Why is that? Ms. MIKULSKI. No objection. the program. They say it is an entitlement. What is The PRESIDING OFFICER. The Sen- The percentage of people using food an entitlement? An entitlement is ator from Michigan is recognized. stamps has increased sevenfold since when there is a law that says if a per- Ms. STABENOW. I appreciate the the program’s national expansion in son’s income is a certain level, they go courtesy very much. I wanted to take a the 1970s, with nearly one in seven in to the government and they have to brief moment to indicate to my friend Americans now receiving the benefit. give them money whether the govern- from Alabama I couldn’t agree more Meanwhile, food stamp funds have been ment has any money or not; whether it that we need to make sure the food as- mishandled and misused, and there are has been appropriated or not. It is an sistance programs—every farm pro- many examples of this. I have seen it entitlement program. gram and every program in the Federal in my personal practice as a Federal This makes it very hard for those of Government—have rigorous review and prosecutor. One recent notorious case us in Congress to be able to make the that we are holding taxpayer dollars kind of proposals that are appropriate was a defendant in Operation Fast and accountable. We have held account- to fix this program, one of which sim- Furious. One of the people who came ability hearings in the Senate, in the ply would be, in my opinion, to reduce in, bought a whole host of illegal weap- Agriculture Committee. The good news spending back to the level of the ons in Arizona to take back across into is, there is only a 4-percent error rate House, which is showing a modest in- Mexico, was a food stamp recipient. in the entire SNAP program through crease this year, after surging the According to the report, he spent thou- the supplemental nutrition program spending level for the SNAP program sands of dollars on these guns, maybe being talked about, but there is more over the last decade. All of us have to tens of thousands of dollars on these we can do. grasp something. I don’t think the expensive weapons. He bought 300 high- The case of the lottery winner in American people are happy hearing ex- Michigan the Senator talked about was powered assault rifles. He had money cuses. I don’t think they are happy for that. Yet we are buying his food for outrageous, and it has been fixed. They hearing us say: We would like to have can’t do that anymore. We are going to him. done something about food stamps, but In another case, a Michigan man was fix it in the next farm bill as well. I this is not germane. This somehow, able to continue receiving foods stamps could not agree more. We are going to technically, is an entitlement program, after winning $2 million in the lot- go through and fix those things that it is part of a legislative act and, there- tery—$2 million. He even asked about don’t make sense. fore, we can’t do anything about it on But I would also say that what the it. He said: Can I continue to receive an appropriations bill, which we are food stamps? Guess what they told Senator is suggesting is, first of all, here to debate. We can’t change it. policy that needs to be done in the con- him. Yes. The lottery winnings are an There have been some changes in the text of the farm bill negotiations. We asset, and we are not checking assets food stamp program, so we believe this have an extraordinary agreement we now. It is not income, it is an asset. So amendment is clearly germane. he got to keep having food stamps But I wish to say, as we wrestle with have reached between myself and our while American working people were how to bring spending in America ranking member in the Senate and the paying for it. under control—as the person who is chair and ranking member of the House Categorical eligibility—that flawed now the ranking Republican on the Agriculture Committee, and we are practice—allows SNAP recipients to Budget Committee—I wish to say we putting together language to give to avoid the asset test required to deter- have to quit using excuses. Every pro- the supercommittee that will address mine need. This is a policy we cannot gram has to be rigorously analyzed, nutrition as well as other areas. I afford at a time this country is having and if there is waste, fraud, and abuse, would ask my colleagues to support a huge debt crisis. we need to crack down on it. We don’t our effort that we will be putting for- President Obama has coined a some- have the money. We don’t have the ward. We will have that language by what disingenuous term called the Buf- money. We can’t do what we would like November 1 that will address those fet rule in his push to raise taxes on to do. We can’t increase spending on egregious areas which, by the way, are millions of Americans who have zero in program after program. This one is per- very small, but we do need to address common with Mr. Buffet. Of course, he haps one of the most dramatic exam- them and we need to do it in a way is one of the President’s big allies. I ples in the government, and it can be that also recognizes more people than would like to suggest something called improved upon if we focus on it. ever before need food help. the Solyndra rule. Under this rule, be- I thank the Chair, and I yield the I have people in Michigan who have fore any proposals are offered to raise floor. never needed help in their entire life. any taxes, we first put an end to the The PRESIDING OFFICER. Under They have paid taxes all their lives, wasteful, inappropriate spending in the previous order, the Senator from and they are mortified they can’t keep Washington. Colorado has the floor. food on the table for their children Shouldn’t we first clean up our act Mr. UDALL of Colorado. Mr. Presi- throughout the month. So they are get- before we demand the American people dent, I welcome this spirited debate we ting temporary help, and that is what

VerDate Mar 15 2010 04:18 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.069 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6744 CONGRESSIONAL RECORD — SENATE October 19, 2011 is it is designed for—people who need it is not the job of the Department of teemed colleague from Colorado about temporary help. Because of that, we Defense to try each and every one of my amendment No. 753. And I would want every single dollar to go where it those individuals. It is a mission they say this first. My amendment does not ought to go, and we are going to do ev- do not want, and they would have to provide immunity to terrorists. What erything possible to see that happens. radically change their entire system to my amendment does is treat terrorists We are going to be putting forward accommodate prisoners who are al- as they should be treated. policies that I am sure the Senate will ready handled by civilian courts. We are at war, and under the laws of support that will guarantee there is Article III courts have kept Ameri- war, traditionally we have tried enemy not $1 that is going to somebody who cans safe for over 200 years. I have to combatants in military commissions. doesn’t deserve it or to someone who is say I don’t believe it is prudent to And those individuals my colleague cheating or where there is fraud or build a new judicial system from from Colorado cited, including Umar abuse. We are going to make sure that scratch in order to meet objectives Farouk Abdulmutallab, could be held happens. But this debate needs to be that are already being met. For exam- accountable in a military commission done in the context, as it always has ple, Umar Farouk Abdulmutallab, also because our priority has to be, when we been, of our farm bill policy on food known as the Underwear Bomber, was are at war, to gather intelligence, to and nutrition. arrested in Detroit after trying to set protect our country, and not whether I ask my colleagues to oppose this off an explosive on an airplane. He was we should prosecute in our article III amendment and to work with us as we read his rights, questioned, prosecuted, courts, in which I have great con- put forward policies that will be com- and he recently pled guilty. Under this fidence. I served as attorney general of ing very soon. I thank the Senator amendment, the FBI would have had to our State and believe very much in our from Colorado for his graciousness. call in the military to detain article III court system. But our arti- The PRESIDING OFFICER. The Sen- Abdulmutallab without any resolution cle III court system is not where ter- ator from Colorado. in his case. In fact—and I think this is rorists with whom we are at war should AMENDMENT NO. 753 an extremely important point—under be tried. Mr. UDALL of Colorado. Mr. Presi- this amendment, Abdulmutallab would In light of the recent comments here dent, I appreciate the patience of the have been given complete immunity on the floor, I feel compelled to point Senator from Maryland. This is a spir- from criminal Federal prosecution. out some of the facts that I think are ited debate about an important set of Further, if this amendment passes, important for the American people to amendments being offered, and I wish our allies may well refuse to extradite know about some of the cases that have been cited in support of saying to rise in opposition to amendment No. terror suspects to the United States. If terrorists should be tried in article III 753, which has been offered by the Sen- military commissions are determined as someday not having jurisdiction courts. ator from New Hampshire, Ms. AYOTTE. On October 12, Umar Farouk While I enjoy working with Senator over these terrorists or invalidated by Abdulmutallab pleaded guilty in the AYOTTE on the Armed Services Com- the Supreme Court—which, by the way, U.S. district court in Detroit. That mittee, and I appreciate her contribu- has happened in other settings in the case has been cited not only by the tions to the committee, I have to say I Supreme Court—there would be no way Senator from Colorado but by the Sen- strongly disagree with her amendment. ever to prosecute these high-value for- ator from Maryland and the Senator Senator AYOTTE’s amendment would eign terrorism suspects because of this from Illinois, and our Attorney General prohibit the United States from trying amendment. What would that mean? It would mean no conviction of the Blind has cited it as well as the ultimate and enemy combatants in article III civil- final vindication of the use of our civil- ian courts. These courts refer to article Sheik, who planned the first World Trade Center attack; no conviction of ian courts for the trial of enemy com- III of our U.S. Constitution. batants. The senior Senator from Illi- Our article III courts, as the Pre- Moussaoui, the 20th hijacker on 9/11, nois and the Obama administration siding Officer knows, are the envy of and no conviction of the east Africa were so confident that the so-called the world. While there is a role for Embassy bombers, all of whom were Underwear Bomber, as he has been military tribunals, they are certainly convicted in article III courts. Again, the Ayotte amendment, how- named, guilty plea would settle the dis- not the only solution. Frankly, by pro- ever well intended, would provide 100 pute once and for all, that on October hibiting the use of article III courts, we percent immunity from Federal pros- 13, the Senator from Illinois came to may actually hinder our efforts to ecution to suspected terrorists and the floor and essentially declared the bring terrorists to justice. controversy over. We have heard those The Ayotte amendment would put eviscerate a very effective tool in our same arguments today. the military smack in the middle of counterterrorism portfolio. That doesn’t strike me as being as tough as I think we need to review who ex- our domestic law enforcement efforts we possibly could be on terrorists. actly Abdulmutallab is. He is no com- in our fight against extremists and ter- The fact is, the prosecutors at the mon criminal. We are not talking rorists. My friend from New Hampshire Department of Justice have numerous about people who have robbed liquor argues this is a war that should be Federal criminal laws at their disposal stores or who are Americans who have prosecuted by our military. But the re- with which to charge suspected terror- committed criminal acts in this coun- ality is, in many cases, the best course ists. The Federal courts have more try. He is the Nigerian man who tried of action is for our domestic law en- than 200 years of precedent to guide to detonate plastic explosives hidden in forcement, the FBI, and others, to take them, while tribunals have almost his underwear while onboard North- the lead. This amendment would pre- none. As I have said, our Federal pros- west Airline’s flight 253 to Detroit on vent the Department of Justice from ecutors have had great success so far. December 25, 2009. Al-Qaida in the Ara- questioning or prosecuting terrorists In summary, I urge my colleagues to bian Peninsula claimed to have orga- caught on U.S. soil engaged in the vote against amendment 753. It is sim- nized the attack with the Underwear criminal act of terrorism, and it would ply not necessary, and I believe it will Bomber claiming that AQAP supplied prevent Federal prosecutors from do more harm than good, while sub- him with the bomb and trained him. bringing these terrorists to justice in verting the finest justice system in the He was subsequently charged in Fed- so-called article III courts. Federal world in the process. eral court with eight counts, including prosecutors have tried, convicted, and As I yield, let me be clear that I the attempted use of a weapon of mass imprisoned hundreds of terrorists in ar- wholeheartedly support the underlying destruction and attempted murder of ticle III courts. The Department of De- bill, as it has been very ably authored 290 Americans. The Underwear Bomber fense has obtained only six convictions by Senator MIKULSKI and others, but I pleaded guilty at trial, telling a sur- in military tribunals. have to oppose this amendment. prised courtroom on the second day of DOD’s job is to track down, kill or I yield the floor. his trial that the failed attack was in capture those who would harm Amer- The PRESIDING OFFICER. The Sen- retaliation for the killing of Muslims ica or our citizens. They do an incred- ator from New Hampshire. worldwide. ible job of that. We all stand in awe of Ms. AYOTTE. Mr. President, I rise in This case has been cited as the final the work they do to keep us safe. But response to the comments by my es- vindication for civilian trials, and I

VerDate Mar 15 2010 04:18 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.069 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6745 think it is important to mention three Defenders of bringing our enemy Rahman, the government was com- points about this case. combatants to the U.S. civilian trial pelled—as it is in all cases that charge First of all, the presumption seems often cite a number of cases and con- a coconspiracy charge—to turn over a to be that the civilian court system victions related to military commis- list of unindicted coconspirators to the should have the primary responsibility sions. Again, I want to reiterate, I am defendants. Within 10 days, a copy of for questioning, trying, and ultimately a strong believer in our civilian court that list of unindicted coconspirators detaining foreign enemy combatants system, but I want to point out some of reached bin Laden in Khartoum.’’ with whom the United States is in a the downsides to using our civilian The notion that a list—because you declared war. That has not been the court system for enemy combatants: had to do it, according to our civilian rule in prior conflicts. We are treating the costs of security; the cause of civic court system where notice require- this conflict differently than we have disruption in the area; the risk of com- ments are very important, where gen- treated other conflicts, where enemy promising classified information; and erally our court systems are open— combatants have been tried in military the risk of eventual release of these would be provided to Osama bin Laden, commissions. combatants not to some other country in my view, is unacceptable, a risk we Secondly, in my view, the adminis- but into American society, regardless could have avoided if we treated the tration’s eagerness to appease the of whether they are convicted in civil- Blind Sheik as he should have been ACLU by trying enemy combatants in ian court. And these concerns aren’t treated, which is as an enemy combat- civilian courts misses the whole point academic. ant and tried in a military commission. about detention in a time of war. When I have heard some of my colleagues Civilian trials of enemy combatants we are at war, we detain and interro- cite the case of Zacarias Moussaoui, have provided a treasure trove of infor- gate enemy combatants according to who was a member of al-Qaida who was mation to terrorists, and I think those the laws of war to glean valuable intel- involved in the 9/11 attacks. The civil- risks have been very discounted by my ligence that will help prevent future ian proceedings spanned nearly a dec- esteemed colleagues who have come to attacks, save American lives, and help ade, and his case was finally resolved the floor to oppose my amendment. us capture other enemy combatants. only last year. These proceedings cost According to open source reporting, Al-Qaida was at war with the United millions of dollars and caused substan- the cost of disclosing information un- States long before our country recog- wisely became clear after the New nized or strongly reacted to this tial civic disruption. For example, the York trials of bin Laden associates for threat. We remain at war with al- Federal courthouse in Alexandria, VA, the 1998 bombings of U.S. Embassies in Qaida. When we put enemy combatants was described as ‘‘an armed camp, with Africa. Some of the evidence indicated in our civilian court system, we are fo- the courthouse complex and sur- that the National Security Agency, the cusing on prosecution, and we poten- rounding neighborhood becoming a vir- U.S. foreign eavesdrop organization, tially miss important opportunities to tual encampment, with heavily armed had intercepted cell phone conversa- gather information to prevent future guards, rooftop snipers, bomb-sniffing tions. Shortly thereafter, bin Laden’s attacks by doing so. dogs, blocked streets and identification In Abdulmutallab’s case, the admin- checks.’’ If we had tried him at Guan- organization stopped using cell phones istration read him his Miranda rights tanamo Bay, in the military commis- to discuss sensitive operational details. after 50 minutes of questioning. In my sion there, these security concerns It is also important to note that the view, this jeopardized valuable intel- would have been accounted for, and we record of trying enemy combatants in ligence. And I know my colleagues on wouldn’t have had to disrupt Virginia civilian courts is not as good as it has the other side of the aisle have said: to do that. It is not a problem we would been made out to be. Opponents of my Well, eventually he spoke, and he gave confront in our military commission amendment don’t often speak about us lots of information. But why would system. Ahmed Ghailani. we put information in jeopardy? Why In addition, in the civilian trial of 9/ Ghailani is a Tanzanian who was would we read terrorists Miranda 11 terrorist Zacarias Moussaoui, sen- charged with a total of 284 counts, in- rights? I, as a prosecutor, have never sitive material was inadvertently cluding 200-plus counts of murder and 1 heard a law enforcement official tell leaked because our civilian court sys- count of conspiracy in the 1998 bomb- me that Miranda rights are a helpful tem, as wonderful as it is, is not set up ings of the U.S. Embassies in Tanzania information-gathering tool, but that as well to deal with cases involving and Kenya. The bombings killed 224 seems to be the position I am hearing sensitive information during a time of people, including 12 Americans. He also today. war. spent time as Osama bin Laden’s body- Jeopardizing this intelligence was Moussaoui also mocked 9/11 victims guard. clearly unnecessary. And in this case, and used the civilian trial as a plat- He was tried in the U.S. District the fact that we didn’t have to rely on form to spew terrorist propaganda. Court for the Southern District of New a confession—this was a case where we All of these negative side effects of York. The Department of Justice di- caught the Underwear Bomber red- trying a terrorist in a civilian court rected the U.S. attorney not to seek handed. So even if we were to have would have been eliminated or signifi- the death penalty. At trial, the pre- tried him in a military commission and cantly mitigated if he had been de- siding justice excluded from evidence had not given him Miranda rights, had tained in military custody and tried the testimony of a key witness—a Tan- gathered intelligence for as long as we before a military commission. zanian, who may have issued state- could have, we still would have had In the case of Omar Abdel Rahman, ments implicating him in the bomb- him redhanded because the passengers commonly known as the Blind Sheik, ings. And on November 17, 2010, a jury, on that flight saw him. He was caught which has also been cited here today, after this evidence was excluded, found with the explosives on his body. This the civilian trial provided intelligence Ghailani only guilty of 1 count of a was never a case about a guilty plea to Osama bin Laden. So when I hear conspiracy and acquitted him of all 284 and whether we got some information that case cited as a success, the first other charges, including the murder about him. The essential question is thing that comes to my mind is, if in- charges. He murdered 284 people—12 whether we got the most information telligence was provided to Osama bin Americans—and he was acquitted of possible from a terrorist who was try- Laden, how is that a success when our murder charges. I think that is a case ing to attack Americans and our allies, No. 1 focus should be on protecting the that shows our civilian court system is to prevent future attacks, not whether American people? And that has to be not always the best way to deal with we gave him Miranda rights. the distinction between trying enemy enemy combatants and is very con- With a case that was as open and combatants in a time of war and the trary to what I have heard on the cases shut as Abdulmutallab’s, without any very important purpose of our civilian cited from my opponents of this need to use confessional evidence or court system. amendment. classified information, it doesn’t prove In the case of the Blind Sheik, ac- Proponents of civilian trial, such as the civilian court system is superior to cording to Michael Mukasey, the Attorney General Holder, want to military commissions. His conviction former Attorney General, ‘‘in the criminalize the war, but they fail to was never realistically in doubt. course of prosecuting Omar Abdel cite these cases where the civilian

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Mr. President, I ask Some of the most well-known terror- rightly focus on prosecution, but in de- the pending amendment be set aside ists of the past decade—‘‘Shoe Bomb- taining enemy combatants when at and my previous pending amendment er’’ Richard Reid, ‘‘Blind Sheik’’ Omar war, they miss the most important No. 792 be brought up. Abdel Rahman and the ‘‘20th Hijacker’’ Zacarias Moussaoui—are serving life goal we have to have; that is, gathering I have a modification to that amend- sentences after being tried in Article intelligence and protecting the Amer- ment that I sent to the desk. I thank III criminal courts. ican people against future attacks. the Senator from California for giving Civilian trials for enemy combatants Prosecuting terrorists in military me this privilege. commissions makes sense in some incur tremendous costs and cause civic The PRESIDING OFFICER. Without disruption. That is why the adminis- cases, but requiring it for all AI-Qaeda objection, it is so ordered. The amend- terrorists in each and every case is not tration itself has reversed its position ment is so modified. on trying Khalid Shaikh Mohammed in in the national security of the U.S. The amendment, as modified, is as In fact, that would severely limit our New York City. They wanted to try the follows: ability to handle some of the biggest mastermind behind 9/11 in the middle At the appropriate place, insert the fol- threats. of New York City, but the American lowing: To understand why this proposed people were so outraged by trying SEC. ll. The Secretary of Housing and amendment would be such bad policy, someone who is the mastermind of 9/11 Urban Development may not make a pay- consider the two recent cases where al- in the middle of New York City and the ment to any person or entity with respect to Qaida tried to use operatives to attack millions of dollars it would have cost a property assisted or insured under a pro- gram of the Department of Housing and our Homeland, but we captured and ar- to protect the citizens of New York rested the terrorists instead. from this horrible individual, giving Urban Development that— (a) on the date of enactment of this Act, is First, Najibullah Zazi, a legal perma- him a forum in the middle of New York designated as ‘‘troubled’’ on the Online Prop- nent resident of the U.S., was arrested City. erty Integrated Information System for ‘‘life in September 2009 as part of an al- Again, the costs associated with pro- threatening deficiencies’’ or ‘‘poor’’ physical Qaida conspiracy to carry out suicide tecting the American people in these condition; and bombings on the New York City sub- civilian trials alone is enough to treat (b) has been designated as ‘‘troubled’’ for way system. them as they should be—in military ‘‘life threatening conditions’’ or ‘‘poor’’ Then on Christmas 2009, Umar Fa- commissions. physical condition on the Online Property rouk Abdulmutallab attempted to det- We risk compromising classified in- Integrated Information System at least once onate plastic explosives hidden in his formation, and we risk the eventual re- during the 5-year period ending on the date of enactment of this Act. underwear while on board Northwest lease of these combatants into Amer- Airlines Flight 253 before it landed in ican society. The PRESIDING OFFICER. The Sen- Detroit, Michigan. Al-Qaida in the Ara- For these reasons, consistent with a ator from California. bian Peninsula—AQAP—claimed re- longstanding precedent, we should not AMENDMENT NO. 753 sponsibility for the attempted attack be bringing enemy combatants to the Mrs. FEINSTEIN. Mr. President, I and said that Abdulmutallab had United States for civilian trials. If the rise as chairman of the Intelligence trained with and been tasked to carry Obama administration is willing to kill Committee to speak against amend- out the plot for AQAP. enemy combatants without due proc- ment 753 to this appropriations bill. In In both cases, the FBI arrested each ess, and I applaud them for doing so, sum, this amendment will require Al Qaeda operative in the midst of the why is the administration so against members of al-Qaida to be prosecuted unfolding terrorist plot, and was able placing these same enemy combatants only by military commissions. It will to obtain useful intelligence through in military custody and detaining them cripple executive authority and flexi- interrogation. under the law of war, and when appro- bility to go after terrorists. Of all Most recently the DEA and the FBI, priate trying them in military commis- things in this area where we should be through shared intelligence, were able sions? agreed and the President should have to interrupt an Iranian plot to kill the I think the answer is clear. Unfortu- maximum flexibility, it is with the dis- Saudi Ambassador right here in Wash- nately, I am concerned that it is a po- position of people who commit acts of ington, DC. That man will be tried in litical decision rather than putting in- terror in this country. I feel very Federal court. That man was success- telligence gathering first in order to strongly about this. fully interrogated by the FBI. That protect the American people and treat The military commission system has man spilled his guts to the FBI, as they these enemy combatants as what they been in effect since 2006. It has had six say in the vernacular. Umar Farouk Abdulmutallab pleaded are—enemies of our country. I urge my convictions. By comparison, terrorists guilty last week to all counts of an colleagues to support my amendment. have been tried by previous adminis- eight-count criminal indictment charg- In my view, beyond the policy reasons trations, including the Bush adminis- ing him for his role in the attempted for not trying enemy combatants in ci- tration, in article III courts, and more Christmas Day 2009 bombing of North- vilian courts, we should ask ourselves than 400 of them have been convicted west Airlines flight 253. He cooperated, why should we bring foreign terrorists and are serving time in Federal pris- provided intelligence, and will prob- to the United States and give them the ons. ably spend the rest of his life behind legal protections reserved for U.S. citi- One case may be brought up where bars when he is sentenced in January. zens and secured by those Americans somebody disagrees with a verdict. You By comparison, two of six of the indi- who have fought and died for those can disagree with a Federal jury, but viduals convicted in military commis- rights? Why do these people deserve ac- you cannot disagree with the record of sions are already out of prison living cess to our American court system? conviction and the strong sentences freely in their home countries of They are our enemies. In the civilian imposed. I will go into this in a little Yemen and Australia. Consider all of court systems there are rights guaran- more detail in a few minutes. the following relatively light sentences teed, such as Miranda rights and Just to say again, I have never seen handed down by military commissions speedy presentment, that should not be a time when Congress has tried so since 9/11: extended to enemy combatants. We much to constrain the power of the Bin Laden’s driver, Salim Hamdan— need to prioritize protecting our coun- president and our professionals in law acquitted of conspiracy and only con- try. I think the American people will enforcement in their efforts to defeat victed of material support for ter- agree with me when I say that no ter- terrorism. rorism—received a five-month sentence

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.073 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6747 and was sent back to his home in [t]he United States should engage its since September 11, 2001. A copy of that Yemen to serve the time before being friends to develop a common coalition ap- chart, which currently includes just over 400 released in January 2009. proach toward the detention and humane defendants, and a brief introduction describ- Australian David Hicks—the first treatment of captured terrorists. ing its contents, is enclosed with this letter. person convicted in a military commis- If Congress rejects the views of our This chart was initially developed and has allies and mandates military commis- since been maintained and regularly updated sion when he entered into a plea agree- on a rolling basis by career federal prosecu- ment on material support for terrorism sion prosecutions for al-Qaida terror- tors. The bulk of the data included in the charges in March 2007—was given a 9- ists, it will also be a rejection of a rec- chart was generated, and relates to prosecu- month sentence, which he mostly ommendation from the 9/11 commis- tions that occurred, during the prior Admin- served back at home in Australia. sion. Moreover, we will be undermining istration. In fact, the data was cited publicly Omar Khadr pleaded guilty in a mili- international law enforcement co- by the prior Administration on repeated oc- tary commission in exchange for an 8- operation and dangerous terrorists casions, including: year sentence, but he will likely be In a book entitled ‘‘Preserving Life & Lib- could be set free as a result. erty: The Record of the U.S. Department of transferred to a Canadian prison after 1 Every single suspected terrorist cap- Justice 2001–2005,’’ released in February 2005, year. tured on American soil, before and the Department said, ‘‘Altogether, the De- Ibrahim Ahmed Mahmoud al-Qosi after September 11, has been taken into partment has brought charges against 375 in- pleaded guilty to conspiracy and mate- custody by law enforcement—not the dividuals in terrorism-related investigations, rial support to terrorism in July 2010. U.S. military. This should never and has convicted 195 to date.’’ In August 2010, a jury delivered a 14- change. If somebody commits an act on In its February 2008 budget request for Fis- cal Year 2009, the Department of Justice year sentence, but the final sentence our soil, they should be prosecuted in handed down in February 2011 was 2 said, ‘‘Since 2001, the Department has in- an article III court. This doesn’t mean creased its capacity to investigate terrorism years pursuant to his plea agreement. that we are soft on terrorism in any Noor Uthman Muhammed pleaded and has identified, disrupted, and dismantled way, but it does mean that terrorists terrorist cells operating in the United guilty to conspiracy and material sup- should be brought to justice, forced to States. These efforts have resulted in the se- port to terrorism in February 2011. A stand trial and given a very serious curing of 319 convictions or guilty pleas in jury delivered a 14-year sentence, but sentence. terrorism or terrorism-related cases arising the final sentence will be less than 3 As John Brennan, the Assistant to from investigations conducted primarily years pursuant to his plea agreement. after September 11, 2001, and zero terrorist the President for Homeland Security These are military commission trials. attacks on American soil by foreign nation- Ali Hamza al-Bahlul received a life and Counterterrorism, stated in a als from 2003 through 2007.’’ sentence after he boycotted the entire March speech: Please note that the chart includes only military commission process and was Terrorists arrested inside the United convictions from September 11, 2001 to convicted of soliciting murder and ma- States will, as always, be processed exclu- March 18, 2010. It does not include defendants whose convictions remain under seal, nor terial support for terrorism without sively through our criminal justice system. As they should be. The alternative would be does it include defendants who have been mounting a defense. inconsistent with our values and our adher- charged with a terrorism or terrorism-re- In the Zazi case, what the Senator ence to the rule of law. Our military does not lated offense but have not been convicted ei- from New Hampshire was suggesting patrol our streets or enforce our law in this ther at trial or by guilty plea. Finally, it would actually require the government country. Nor should it. does not include convictions related solely to split up co-defendants even where I could not agree more. to domestic terrorism. The NSD chart includes the defendant’s they would otherwise be prosecuted as In summary, amendment No. 753, au- part of the same conspiracy. name, district, charging date, charges thored by the Senator from New Hamp- brought, classification category, conviction For example, Zazi’s alleged co-con- shire, will severely and seriously un- spirators Zarein Ahmedzay and Adis date, and conviction charges, as well as the dermine our ability to incapacitate sentence and the date it was imposed, if the Medunjanin would be prosecuted on dangerous individuals and protect the defendant has been sentenced. As the intro- terrorist charges in criminal court, but American people. I believe this is duction to the NSD chart explains, the data Zazi himself would have to be trans- something we cannot afford and I hope includes convictions resulting from inves- ferred to a military commission. this body will do everything it can to tigations of terrorist acts planned or com- Splitting up co-conspirators into two mitted outside the territorial jurisdiction of different detention and prosecution protect the executive branch’s flexi- the United States over which Federal crimi- systems might prevent prosecutors bility. nal jurisdiction exists and those within the from achieving the guilty pleas and I ask unanimous consent to have United States involving international terror- likely long prison sentences that will printed in the RECORD a letter from the ists and terrorist groups. NSD further di- be secured in the Zazi conspiracy case. Department of Justice, dated March of vides these cases into two categories. The Prosecutors have already obtained con- 2010 which describes the more than 400 first includes violations of federal statutes terrorist convictions in article III that are directly related to international victions against six individuals, includ- terrorism and that are utilized regularly in ing Zazi and Ahmedzay, who face life in courts. There being no objection, the mate- international terrorism matters, such as ter- Federal prison without parole. rorist acts abroad against U.S. nationals and Importantly, we have heard from in- rial was ordered to be printed in the providing material support to a foreign ter- telligence officials and others that a RECORD, as follows: rorist organization. There have been more mandatory military commission policy U.S. DEPARTMENT OF JUSTICE, than 150 defendants classified in this cat- will reduce our allies’ willingness to OFFICE OF LEGISLATIVE AFFAIRS, egory since September 11, 2001. The second extradite terror suspects to the United Washington, DC, March 26, 2010. category includes a variety of other statutes States for interrogation or prosecu- Hon. DIANNE FEINSTEIN, (like fraud, firearms offenses, false state- tion, or even provide evidence about Chairman, Select Committee on Intelligence, ments, or obstruction of justice) where the suspected terrorists if they will be U.S. Senate, Washington, DC. investigation involved an identified link to Hon. CHRISTOPHER S. BOND, international terrorism. There have been shipped off to military commissions in Vice Chairman, Select Committee on Intel- more than 240 individuals charged in such all cases. ligence, U.S. Senate, Washington, DC. cases since September 11, 2001. Examples of You might say why would our allies DEAR CHAIRMAN FEINSTEIN AND VICE CHAIR- the international terrorism nexus identified do that? I will tell you why: Because MAN BOND: I am writing in response to re- in some of these cases have also been pro- our allies—who know about the past quests by a number of Members of the Com- vided for your review. five years and know about the opposi- mittee for information about statistics Prosecuting terror-related targets using tion to military commissions in their maintained by the Department of Justice re- these latter offenses is often an effective countries—are very reluctant to give lating to prosecution of terrorism and ter- method—and sometimes the only available evidence to a judicial process that does rorism-related crimes, as well as the incar- method—of deterring and disrupting poten- not adhere to the rule of law as much ceration of terrorists by the Bureau of Pris- tial terrorist planning and support activi- ons. ties. Indeed, one of the great strengths of the as our tried and tested Federal court The Counterterrorism Section of the Na- criminal justice system is the broad range of system does. tional Security Division (NSD) (and its pred- offenses that are available to arrest and con- Take the 9/11 commission report, ecessor section in the Criminal Division) has vict individuals believed to be linked to ter- which recommends the following on maintained a chart of international ter- rorism, even if a terrorism offense cannot be page 380: rorism and terrorism-related prosecutions established. Of course, an aggressive and

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.019 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6748 CONGRESSIONAL RECORD — SENATE October 19, 2011 wide-ranging terrorism investigation will Statistics Chart tracks convictions resulting to domestic terrorism. Note that the chart net individuals with varying degrees of cul- from international terrorism investigations maintained by the National Security Divi- pability and involvement in terrorist activ- conducted since September 11, 2001, including sion is distinct from statistics maintained by ity, as the NSD chart reflects. Arresting and investigations of terrorist acts planned or the Bureau of Prisons to track inmates with convicting both major and minor operatives, committed outside the territorial jurisdic- terrorist connections. The chart lists more supporters, and facilitators can have crip- tion of the United States over which Federal than 150 defendants classified in Category I pling effects on terrorists’ ability to carry criminal jurisdiction exists and those within and more than 240 defendants classified in out their plans. the United States involving international Category II. You will also note that the sentences ob- terrorists and terrorist groups. Convictions The chart is organized by conviction date, tained in these cases range from a few listed on the chart involve the use of a vari- with the most recent convictions first. The months to life. Life sentences have been im- ety of Federal criminal statutes available to earliest defendants included on the chart posed by our courts in 12 international ter- prevent, disrupt, and punish international were identified and detained in the course of rorism or terrorism-related cases since 9/11, terrorism and related criminal activity. The the nationwide investigation conducted after and sentences of more than 10 years have convictions are the product of the Depart- September 11, 2001, and were subsequently been imposed in an additional 59 cases, in- ment’s aggressive, consistent, and coordi- charged with a criminal offense. Since then, cluding 25 cases in which the sentence ex- nated national enforcement effort with re- additional defendants have been added who, ceeded 20 years. We believe the long sen- spect to international terrorism that was un- at the time of charging, appeared to have a connection to international terrorism, even tences often imposed by our courts in these dertaken after the September 11, 2001 ter- if they were not charged with a terrorism of- cases reflect the gravity of the threat posed rorist attacks. fense. The decision to add defendants to the by these individuals to our nation. However, Criminal cases arising from international chart is made on a case-by-case basis by ca- it is important to note that while a long sen- terrorism investigations are divided into two categories, according to the requisite level of reer prosecutors in the National Security Di- tence is an important measure of success in vision’s Counterterrorism Section, whose a terrorism-related prosecution, it is not the coordination and monitoring required by the Counterterrorism Section of the National primary responsibility is investigating and only measure. Convicting an individual of an prosecuting international and domestic ter- available offense and incarcerating him even Security Division (or its predecessor section in the Criminal Division). This coordination rorism cases to prevent and disrupt acts of for a relatively short period of time may be terrorism anywhere in the world that impact an effective way to disrupt ongoing terrorist and monitoring exists in response to the ex- panded Federal criminal jurisdiction over on significant United States interests and activity, deter future activity, collect impor- persons. tant intelligence, secure valuable coopera- and importance of international terrorism APPENDIX A tion, or facilitate rapid deportation of an in- matters and the need to ensure coherent, dividual. consistent, and effective Federal prosecu- Category I Offenses This vital work continues. In the past tions related to such matters. Typically, Aircraft Sabotage (18 U.S.C. § 32) year, thanks to the hard work of dedicated multiple defendants in a case are classified Animal Enterprise Terrorism (18 U.S.C. § 43) career professionals—FBI agents, other fed- in the same category. Crimes Against Internationally Protected Category I cases involve violations of fed- eral and state law enforcement officials, and Persons (18 U.S.C. §§ 112, 878, 1116, eral statutes that are directly related to career federal prosecutors—we have been 1201(a)(4)) international terrorism and that are utilized able to disrupt terrorist plots, convict and Use of Biological, Nuclear, Chemical or regularly in international terrorism matters. imprison terrorists and their supporters, and Other Weapons of Mass Destruction (18 These statutes prohibit, for example, ter- collect intelligence we need to protect the U.S.C. §§ 175, 175b, 229, 831, 2332a) rorist acts abroad against United States na- country. We detected and disrupted a plot to Production, Transfer, or Possession of tionals, the use of weapons of mass destruc- attack the subway system in Manhattan Variola Virus (Smallpox) (18 U.S.C. tion, conspiracy to murder persons overseas, with explosive bombs that could have killed § 175c) providing material support to terrorists or many Americans. We conducted successful Participation in Nuclear and WMD Threats foreign terrorist organizations, receiving undercover operations to arrest individuals to the United States (18 U.S.C. § 832) military style training from foreign terrorist who separately attempted to blow up build- Conspiracy Within the United States to Mur- organizations, and bombings of public places ings in Dallas, Texas, and Springfield, Illi- der, Kidnap, or Maim Persons or to Dam- or government facilities. A complete list of nois. And we arrested individuals in Chicago age Certain Property Overseas (18 U.S.C. Category I offenses is found in Appendix A. § 956) who assisted in the deadly November 2008 Category II cases include defendants terror attacks in Mumbai and were plotting Hostage Taking (18 U.S.C. § 1203) charged with violating a variety of other Terrorist Attacks Against Mass Transpor- other attacks. statutes where the investigation involved an Finally, the Bureau of Prisons (BOP) main- tation Systems (18 U.S.C. § 1993) identified link to international terrorism. tains a separate chart that identifies in- Terrorist Acts Abroad Against United States These Category II cases include offenses such mates in BOP custody who have a history of Nationals (18 U.S.C. § 2332) as those involving fraud, immigration, fire- or nexus to international or domestic ter- Terrorism Transcending National Bound- arms, drugs, false statements, perjury, and rorism. There are currently more than 300 aries (18 U.S.C. § 2332b) obstruction of justice, as well as general con- individuals on this chart, which is used to Bombings of places of public use, Govern- spiracy charges under 18 U.S.C. § 371. Pros- ment facilities, public transportation identify those inmates who may warrant in- ecuting terror-related targets using Cat- systems and infrastructure facilities (18 creased supervision and monitoring of their egory II offenses and others is often an effec- U.S.C. § 2332f) communications, among other things. BOP’s tive method—and sometimes the only avail- Missile Systems designed to Destroy Aircraft designation of these inmates may be based able method—of deterring and disrupting po- (18 U.S.C. § 2332g) upon information from a variety of sources, tential terrorist planning and support activi- Production, Transfer, or Possession of Radio- including sensitive law enforcement or intel- ties. This approach underscores the wide va- logical Dispersal Devices (18 U.S.C. ligence information that is not publicly riety of tools available in the U.S. criminal § 2332h) available, regarding the inmate’s past behav- justice system for disrupting terror activity. Harboring Terrorists (18 U.S.C. § 2339) ior and associations. BOP does not publicly Examples of Category II offenses are listed Providing Material Support to Terrorists (18 disclose which inmates have been designated in Appendix B, and examples of Category II U.S.C. § 2339A) in this fashion. The disclosure of this infor- cases are described in Appendix C to illus- Providing Material Support to Designated mation could interfere with BOP’s moni- trate the kinds of connections to inter- Terrorist Organizations (18 U.S.C. toring and law enforcement investigative ef- national terrorism that are not apparent § 2339B) forts. Moreover, disclosure of the identities from the nature of the offenses of conviction Prohibition Against Financing of Terrorism of these inmates could pose risks to the secu- themselves. (18 U.S.C. § 2339C) rity of the inmates and prison staff. The chart includes the defendant’s name, Receiving Military-Type Training from an Should you or your staff wish to review the district, charging date, charges brought, FTO (18 U.S.C. § 2339D) BOP chart, BOP is prepared to provide the classification category, conviction date and Narco-Terrorism (21 U.S.C. § 1010A) Committee with access to the chart under conviction charges. If a convicted defendant Sabotage of Nuclear Facilities or Fuel (42 conditions designed to protect security and has been sentenced, the relevant date and U.S.C. § 2284) operational equities. sentence imposed is included. The chart is Aircraft Piracy (49 U.S.C. § 46502) Sincerely, constantly being updated with new convic- Violations of IEEPA (50 U.S.C. § 1705(b)) in- RONALD WEICH, tions, but currently includes only unsealed volving E.O. 12947 (Terrorists Who Assistant Attorney General. convictions from September 11, 2001 to Threaten to Disrupt the Middle East Enclosure. March 18, 2010. The chart does not include Peace Process); E.O. 13224 (Blocking INTRODUCTION TO NATIONAL SECURITY DIVI- defendants whose convictions remain under Property and Prohibiting Transactions SION STATISTICS ON UNSEALED INTER- seal, nor does it include defendants who have With Persons Who Commit, Threaten to NATIONAL TERRORISM AND TERRORISM-RE- been charged with a terrorism or terrorism- Commit, or Support Terrorism or Global LATED CONVICTIONS related offense but have not been convicted Terrorism List); and E.O. 13129 (Blocking The National Security Division’s Inter- either at trial or by guilty plea. This chart Property and Prohibiting Transactions national Terrorism and Terrorism-Related does not include convictions related solely With the Taliban)

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APPENDIX B that he had, prior to his application for U.S. ernment’s evidence revealed that the grand Examples of Category II Offenses citizenship, ‘‘incited, assisted, or otherwise jury and FBI sought to question Benkahla participated in the persecution’’ of Jews and about his contacts with an individual sus- Crimes Committed Within the Special Mari- others by advocating violent terrorist at- pected of being Malik al-Tunisi, a facilitator time and Territorial Jurisdiction of the tacks against Jews and others. During the for the al-Zarqawi terrorist network in Iraq. United States (18 U.S.C. §§ 7, 113, 114, 115, trial, the government’s evidence included Akram Musa Abdallah (false statements). 1111, 1112, 1201, 2111) footage of a 1991 speech in which Damrah In 2009, following the entry of a guilty plea Violence at International Airports (18 U.S.C. called Jews ‘‘the sons of monkeys and pigs,’’ in the United States District Court for the § 37) and a 1989 speech in which he declared that District of Arizona, Akram Musa Abdallah Arsons and Bombings (18 U.S.C. §§ 842(m), ‘‘terrorism and terrorism alone is the path was convicted of violating 18 U.S.C. § 1001 for 842(n), 844(f), 844(I)) to liberation.’’ making false statements to the FBI. In Jan- Killings in the Course of Attack on a Federal Soliman Biheiri (false statements and uary 2007, Abdallah knowingly made a false Facility (18 U.S.C. § 930(c)) passport fraud). In 2003 and 2004, following material statement to special agents of the False Statements (18 U.S.C. § 1001) two jury trials in the United States District FBI during an interview in connection with Protection of Computers (18 U.S.C. § 1030) Court for the Eastern District of Virginia, the federal investigation and prosecution of False Information and Hoaxes (18 U.S.C. Soliman Biheiri was convicted of violating 18 the Holy Land Foundation for Relief & De- § 1038) U.S.C. §§ 1425 and 1546 for fraudulently pro- velopment (HLF) and its officers. At the Genocide (18 U.S.C. § 1091) curing a passport, as well as 18 U.S.C. §§ 1001 time of the interviews, Abdallah knew the Destruction of Communication Lines (18 and 1015 for making false statements to fed- HLF was a Specially Designated Global Ter- U.S.C. § 1362) eral agents. Biheiri was the president of rorist organization. Abdallah also knew that Sea Piracy (18 U.S.C. § 1651) BMI, Inc., a New Jersey-based investment when he was interviewed, the HLF and its of- Unlicensed Money Remitter Charges (18 firm. The government’s evidence showed ficers were pending trial in the United States U.S.C. § 1960) that Biheiri had deliberately deceived fed- District Court for the Northern District of Wrecking Trains (18 U.S.C. § 1992) eral agents during a June 2003 interview in Texas, for crimes including providing mate- Destruction of National Defense Materials, which he denied having business or personal rial support to a foreign terrorist organiza- Premises, or Utilities (18 U.S.C. § 2155) ties to Mousa Abu Marzook, a Specially Des- tion. During the interviews, Abdallah told Violence against Maritime Navigation and ignated Global Terrorist and a leader of FBI agents he was not involved in fund- Maritime Fixed Platforms (18 U.S.C. Hamas. In fact, the government’s evidence raising activities for the HLF, when, in fact, §§ 2280, 2281) showed that Biheiri had managed funds for between approximately 1994 and 1997, Torture (18 U.S.C. § 2340A) Marzook both before and after Marzook was Abdallah was involved in numerous fund- War Crimes (18 U.S.C. § 2441) designated as a terrorist by the U.S. govern- raising activities, including collecting dona- International Traffic in Arms Regulations ment in 1995. Specifically, the government tions, organizing, facilitating and coordi- (22 U.S.C. § 2778, and the rules and regula- presented files seized from Biheiri’s com- nating fund raising events on behalf of the tions promulgated thereunder, 22 C.F.R. puter showing that Marzook had invested $1 HLF in the Phoenix metropolitan area. In § 121–130) million in U.S. business ventures managed July 2004, the HLF and seven of its principals Crimes in the Special Aircraft Jurisdiction by Biheiri and his investment firm. were indicted on a variety of charges stem- other than Aircraft Piracy (49 U.S.C. Mohammad Salman Farooq Qureshi (false ming from its financial support of Hamas, §§ 46503–46507) statements). In 2005, following the entry of a and in November 2008, after a two-month Destruction of Interstate Gas or Hazardous guilty plea in the United States District trial, those defendants were convicted on all Liquid Pipeline Facilities (49 U.S.C. Court for the Western District of Louisiana, charges. § 60123(b)) Qureshi was convicted of violating 18 U.S.C. § 1001 for making false statements to the FBI I yield the floor. APPENDIX C regarding the nature and extent of his in- The PRESIDING OFFICER. The Sen- Examples of Category II Terrorism-Related Con- volvement with al-Qaeda member Wadih El ator from Kansas. victions Hage, and the non-governmental organiza- AMENDMENT NO. 769 Fort Dix Plot (conspiracy to murder mem- tion Help Africa People. Qureshi was inter- Mr. ROBERTS. Mr. President, I rise bers of the U.S. military). In 2008, following viewed by the FBI in 1997, 1998, 2000, and 2004 a jury trial in the United States District in relation to terrorism crimes and during to raise significant concerns with the Court for the District of New Jersey, those interviews lied about his knowledge of pending modified amendment offered Ibrahim Shnewer, Dritan Duka, Shain Duka, El Hage, Help Africa People, and other al by my good friend and colleague, Sen- Eljvir Duka and Serdar Tatar were convicted Qaeda members. The proffer filed in support ator DAVID VITTER. His amendment al- of violating 18 U.S.C. § 1117, in connection of the plea agreement established Qureshi’s lows for the importation of prescrip- with a plot to kill members of the U.S. mili- connections to and contacts with El Hage, tion drugs from Canada. I am going to tary in an armed attack on the military base his contact with a subject under investiga- reiterate some of the same concerns at Fort Dix, New Jersey. The defendants tion in Oregon, and his activities and finan- that are voiced every time we discuss were also convicted of various weapons cial support of Help Africa People, a non- charges. The government’s evidence revealed governmental organization believed to have drug importation. that one member of the group conducted sur- been used by El Hage and others to provide Let me also say that I think we all veillance at Fort Dix and Fort Monmouth in cover identities and funds in connection with want more inexpensive drugs for our New Jersey, Dover Air Force Base in Dela- the 1998 attacks on the United States Embas- constituents. We all want broader ac- ware, and the U.S. Coast Guard in Philadel- sies in Kenya and Tanzania. By Qureshi’s ad- cess to drugs and therapies. That is a phia. The group obtained a detailed map of missions, at least $30,000 in Qureshi’s funds given. I know that is precisely the in- Fort Dix, where they hoped to use assault ri- were given to El Hage in Nairobi, Kenya. El tent of my colleague. However, we fles to kill as many soldiers as possible. Dur- Hage is serving a life sentence for his role in want to ensure our constituents are ing the trial, the jury viewed secretly re- the East Africa Embassy bombings. corded videotapes of the defendants per- Sabri Benkahla (perjury, obstruction, false safe when they are taking these drugs forming small-arms training at a shooting statements). In 2007, following a jury trial in no matter what the expense—not only range in the Poconos Mountains in Pennsyl- the United States District Court for the that, but Americans expect to be kept vania and of the defendants watching train- Eastern District of Virginia, Sabri Benkahla safe. ing videos that included depictions of Amer- was convicted on two counts of violating 18 I must raise concerns that nothing in ican soldiers being killed and of known Is- U.S.C. § 1623, for perjury, one count of vio- the Vitter amendment ensures the lamic radicals urging jihad against the lating 18 U.S.C. § 1503 for obstructing justice, safety of drugs that would be imported United States. and one count of violating 18 U.S.C. § 1001 for from Canada. That is the lone country Fawaz Damrah (citizenship fraud). In 2004, making false statements to the FBI. These following a jury trial in the United States false statements included denial of his in- that is involved in regard to his pend- District Court for the Northern District of volvement with an overseas jihad training ing amendment. Some say only the Ohio, Fawaz Damrah was convicted of vio- camp in 1999, as well as his asserted lack of FDA-approved drugs would be imported lating 18 U.S.C. § 1425 for concealing material knowledge about individuals with whom he and only safe drugs will be imported. facts in his citizenship application. The gov- was in contact. The government’s evidence But the reality is that the last four ernment’s evidence showed that in his citi- revealed that the grand jury and FBI in 2004 Secretaries of Health and Human Serv- zenship application, Damrah concealed from sought to question Benkahla about his con- ices—from Shalala, to Thompson, to the U.S. government his membership in or tacts with Ibrahim Buisir of Ireland, and Leavitt, and now Sebelius—have been affiliation with the Palestinian Islamic Manaf Kasmuri of Malaysia, both of whom Jihad (PIJ), a.k.a. the Islamic Jihad Move- are Specially Designated Global Terrorists, unable to guarantee that these im- ment in Palestine; the Afghan Refugees as well as those with Ahmed Abu Ali, his ported drugs are safe, not from Canada Services, Inc., a.k.a. Al-Kifah Refugee Cen- friend and fellow student at the University and not from any other country. ter; and the Islamic Committee for Pal- of Medina, until both were arrested by Saudi While my friend from Louisiana estine. Damrah further concealed the fact authorities in June 2003. Further, the gov- claims he has narrowed the scope of his

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.026 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6750 CONGRESSIONAL RECORD — SENATE October 19, 2011 amendment, the modified Vitter less the rulemaking agenda and imple- well-intended amendment, but I would amendment remains so broad in scope mentation schedule meet with congres- say two things. that it could potentially tie the hands sional approval or constraining the First of all, I understand he is pro- of the FDA in limiting counterfeit regulatory process of defining terms posing caps of $1 million on direct pay- drugs reaching the United States, just goes too far and is a veiled at- ments. We are in the process of chang- which is something we desperately do tempt to roll back critical Dodd-Frank ing that and recommending positive re- not want. The FDA has found on sev- reforms, particularly in the derivative forms in that whole system. eral occasions that drugs promoted and area. So we would ask that the Senate, our sold as Canadian actually come from Again, on behalf of Senator KOHL, he colleagues, to support us and the rec- many other countries with very little urges all Senators to reject Crapo ommendations that we have been asked oversight on safety and efficacy. amendment No. 814. to put together by November 1, which Finally, a New York Times investiga- I note the absence of a quorum. is extremely fast-tracked, but we are tion found that counterfeit drugs were The PRESIDING OFFICER. The working diligently, and our staffs are sold through Canadian Internet phar- clerk will call the roll. working diligently. There is not a lot macies. It is easy to conclude that be- The legislative clerk proceeded to of sleep right now so we can get this all cause these drugs were sourced from call the roll. done and put forward this new policy. many other countries, it would be im- The PRESIDING OFFICER. The Sen- So it is the wrong time and place to be possible to guarantee their safety. ator from Michigan. suggesting this change, first of all, on The bottom line is the FDA cannot— Ms. STABENOW. I ask unanimous an appropriations bill and, secondly in not a little, not a lot; absolutely can- consent that the order for the quorum the context of this bipartisan, bi- not—ensure that any drug coming from call be rescinded. cameral, good-faith effort to put for- outside the United States is safe or ef- The PRESIDING OFFICER. Without ward changes in our system, which we fective. Until we can ensure that the objection, it is so ordered. are committed to doing, which will, drugs our constituents are taking are AMENDMENT NO. 791 frankly, usurp what this amendment is effective and, most importantly, safe, I Ms. STABENOW. Mr. President, I really all about. must oppose the Vitter amendment rise to speak in opposition to the Let me also say that it is important today or whenever it is brought up and Coburn amendment No. 791, and I am to talk about the fact that we have would encourage my colleagues to join pleased to be joined on the floor by my made changes in the last two farm bills. In 2002, there was a cap put on me. good friend and colleague and ranking I yield the floor. member, Senator ROBERTS. payments of $2.5 million, and we then The PRESIDING OFFICER. The Sen- Let me start by saying that in the lowered that in the 2008 farm bill to ator from Maryland. context of addressing a very large def- $500,000 for nonfarm income and $750,000 for farm income. We made a AMENDMENTS NOS. 814 AND 815 icit we know needs to be addressed and number of changes and a number of re- Ms. MIKULSKI. Mr. President, this is in the context of the work being done forms in the last farm bill that moved a very interesting bill on the floor. It is by colleagues in what has been called us in the right direction, listening to really three bills. It is the Agriculture the supercommittee, I am very proud the criticisms and concerns of the pub- appropriations, Commerce-Justice- of the fact that Senator ROBERTS and I lic and of colleagues. I think there Science, and the Transportation-Hous- and our colleagues, the chair and rank- were some very important steps that ing bill. ing member of the House Agriculture were made and positive changes in the Our colleague, Senator HERB KOHL of Committee, have come together and worked very hard, for different regions last farm bill. Wisconsin, spent a good part of yester- Understanding the world we are in of the country, on different issues that day managing the bill. He chairs the now and the dynamics around deficit we bring to the table. We have agreed agriculture subcommittee. I am doing reduction and the economy and all of on an overall reduction number that it today. Senator KOHL is tied up on the other issues we are involved in, we we have recommended as agriculture’s other matters. are taking another major step, and I portion of the deficit reduction. He is adamant in his opposition to think it is a step being done in a way We have already done deficit reduc- the Moran amendment providing $8 that says to colleagues and says to the tion, I have to say. We have already million for the Watershed Rehabilita- public that we can work together. seen cuts in crop insurance, we have al- tion Program. While he is not opposed These are challenging policies, eco- ready seen cuts in the current year’s to the Watershed Rehabilitation Pro- nomic issues. gram, he wanted to make it clear that budget that were substantial. But we We have come together and worked we had to make very difficult deci- know we need to do our part, and we very hard on a bipartisan basis with sions. He does not support Senator are doing that. We are recommending the House and the Senate, and I think MORAN’s amendment as it would offset $23 billion in deficit reduction. this speaks well to the fact that if we funding in the departmental adminis- Part of that, though, the critical part sit down together and listen to each tration providing numerous essential of that is we have asked the committee other and are willing to compromise, services to USDA. These cuts would to allow us, as the leadership in the we can come together on something force USDA to impose a reduction in House and Senate, to propose the pol- that is good for the country. We are in force and would have a detrimental ef- icy that goes with the cuts. We are the process of doing that right now. I fect on the Department and its oper- working with all of those who are af- would ask our colleagues to allow us ation. fected, from production agriculture, to and support us in that effort. USDA has initiated buyouts to sev- conservation groups, the nutrition We have put forward a proposal for eral thousand employees across many community, rural development, every- $23 billion in deficit reduction, which agricultural agencies. The level for the one who is involved and impacted by is, frankly, more than would be re- Department administration is over $13 the 16 million jobs in agriculture. quired under sequestration for agri- million and $7 million below the re- There are 16 million jobs. That is one culture. We have gone above and be- quest. Secretary Vilsack has reached out of four jobs in Michigan. This is in- yond what the Bowles-Simpson pro- out to the agricultural subcommittee credibly important to our economy. posal said. We know agriculture will and has concerns with overall staff re- We are taking very seriously the want to do its part. We are asking col- ductions at the Department. Senator need for us to come together and create leagues to allow us to put together KOHL echoes Secretary Vilsack’s con- changes, reforms in agricultural policy that policy to get there. cern. that streamline the system and the bu- We will address the concerns that Senator KOHL opposes this amend- reaucracy, do a better job with dollars, have been raised. We hear you. We un- ment, and on his behalf, I urge other accountability, and reform what we are derstand. We will be proposing substan- Senators to oppose it as well. doing as it relates to the agricultural tial changes that will, in fact, both cre- He also opposed the Crapo amend- payment structure. It is in the context ate new tools for agriculture for our ment because, in a nutshell, says that of that that I rise to oppose Senator farmers and our ranchers but also ad- dictating that funds cannot be used un- COBURN’s amendment. I appreciate his dress concerns that have been raised. I

VerDate Mar 15 2010 04:18 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.078 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6751 ask my colleagues, rather than sup- farming and the cost of inputs such as AMENDMENT NO. 763 porting this amendment, to support land and machinery, servicing debt (Purpose: To prohibit the use of funds to im- what is a good-faith effort that is going alone can cost hundreds of thousands plement regulations regarding the removal on right now in the House and Senate of dollars. of essential-use designation for epineph- Agriculture Committees and allow us Supporters of these limits also tend rine used in oral pressurized metered-dose inhalers) the time in the next week to put to- to talk about how few farmers would be At the appropriate place, insert the fol- gether the proposals to be able to make impacted by these caps. However, the lowing: a change. advocates also only tend to look at SEC. ll. None of the funds made available With that, I yield to my friend—and those farmers who file Schedule F tax by this Act may be used to implement the I do mean my friend—we have become forms. This rather simplistic approach final rule entitled ‘‘Use of Ozone-Depleting good friends as well as colleagues on fails to reflect the fact that most oper- Substances; Removal of Essential-Use Des- the Agriculture Committee. I have to ations that could be directly impacted ignation (Epinephrine)’’ (73 Fed. Reg. 69532 (November 19, 2008)). say I loved being in Kansas and having by the AGI caps that they are recom- the opportunity to be with Senator mending do not file Schedule F tax re- AMENDMENT NO. 764 ROBERTS and experience the high es- turns because of how they have chosen (Purpose: To eliminate a certain increase in funding) teem with which he is held there. At to organize their farming operation. the same time, I saw tremendous dev- At the appropriate place, insert the fol- Therefore, most advocates of these lowing: astation as a result of what has hap- caps seriously underestimate the num- SEC. 7ll. Section 101(a)(2) of division A of pened with the droughts. I understand ber of producers and the share of acres the American Recovery and Reinvestment that when there is bad weather, when or production that would be left with- Act of 2009 (Public Law 111–5; 123 Stat. 120; there are bad conditions, we need to out a safety net. 124 Stat. 2394; 124 Stat. 3265) is amended by have support for American agriculture. To make matters worse, because this striking ‘‘after October 31, 2013’’ and insert- Food security, national security de- ing ‘‘on the date of enactment of the Agri- limit would be implemented using the culture, Rural Development, Food and Drug pends on it. I certainly saw in Kansas appropriations legislation instead of Administration, and Related Agencies Ap- what happens when the weather is bad authorizing legislation, it would not propriations Act, 2012’’. and it has reinforced for me—as well as repeal the already existing AGI limits Mr. BLUNT. With that, it appears what happened in Michigan—certainly of $750,000 per on-farm income and that there is not a quorum. the importance of having a strong set $500,000 for off-farm income. In other The PRESIDING OFFICER. The of tools to manage risk and a safety words, this amendment would simply clerk will call the roll. net that is there when farmers need it. add another layer—another cap—an- The legislative clerk proceeded to I yield to my friend, the distin- other layer of bureaucracy to the al- call the roll. guished ranking member. ready existing structure, further com- Mr. LEAHY. Mr. President, I ask Mr. ROBERTS. Mr. President, I plicating USDA’s work on this issue at unanimous consent that the order for thank very much the distinguished a time when resources are extremely the quorum call be rescinded. chairwoman for yielding. We are talk- limited and when we are going to be in The PRESIDING OFFICER. Without ing about amendment No. 791, the the process of writing a new farm bill, objection, it is so ordered. pending amendment offered by my not to mention meeting our deficit ob- AMENDMENT NO. 753 friend and colleague from Oklahoma, ligations to the supercommittee. Mr. LEAHY. Mr. President, I wish to Senator COBURN. Therefore, I encourage my colleagues speak to amendment No. 753 to H.R. I must oppose the Coburn amend- to oppose the Coburn amendment and 2112 by the distinguished Senator from ment which will severely diminish the allow the agriculture committees the New Hampshire, Senator AYOTTE. This farm safety net for America’s farmers opportunity to address this issue in the amendment would tie the hands of our and ranchers. I know that is not the in- appropriate venue. national security and law enforcement tent of his amendment as he sees it I yield the floor. officers in their efforts to secure our but, unfortunately, that would be the Careful observation by this Member national security. practical effect, as the chairwoman has I am surprised that this amendment would indicate that a quorum is not indicated. is being offered at this time. Just a present. The setting of adjusted gross income week ago, we learned of the foiled as- caps or what we call AGI caps is a pol- The PRESIDING OFFICER. The sassination attempt in the United icy issue that should be handled by the clerk will call the roll. States of the Saudi Ambassador to the authorizing committee, not during the The legislative clerk proceeded to United States. This case involved the appropriations process. More specifi- call the roll. Department of Justice, the FBI, and cally, this issue is a farm bill issue, if Mr. BLUNT. Mr. President, I ask the DEA in a coordinated effort to pre- you will, and it is currently being con- unanimous consent that the order for vent an act of terrorism on U.S. soil. I sidered in the context of the Joint Debt the quorum call be rescinded. commend the agencies involved in the Committee process—the supercom- The PRESIDING OFFICER. Without investigation. I was also pleased to see mittee. The chairwoman has described objection, it is so ordered. that, in this instance, members of Con- in detail our efforts, both the House AMENDMENT NO. 741 WITHDRAWN gress did not re-engage in armchair principals and the chairwoman and my- Mr. BLUNT. Mr. President, I ask quarterbacking over whether the sus- self, in submitting to the Joint Debt unanimous consent to withdraw pect should be transferred to military Committee our suggestions on how we McCain amendment No. 741. custody or sent to Guantanamo. can meet our deficit reduction respon- The PRESIDING OFFICER. Without Nearly two years ago, when a ter- sibilities. objection, it is so ordered. rorist attempted to blow up an airplane As people consider this amendment, I on Christmas Day, some politicians AMENDMENTS NOS. 763 AND 764 EN BLOC think it is important to remember that used the occasion to criticize the At- the 2008 farm bill, as the chairwoman Mr. BLUNT. Mr. President, on behalf torney General after the suspect was has indicated, included the most com- of Senator DEMINT, I ask unanimous arrested. They made all kinds of claims prehensive and far-reaching reform to consent to set aside the pending about the risks of trying him in a Fed- farm program eligibility requirements amendment and offer amendments Nos. eral court, none of which came true. In in 20 years. That included reform to 763 and 764 en bloc. fact, after obtaining useful intelligence the AGI caps to which the Coburn The PRESIDING OFFICER. Without from the suspect, that case proceeded amendment refers. objection, it is so ordered. without incident in Federal court It is also important for my col- The clerk will report. where, last Wednesday, the defendant leagues to understand that the ad- The legislative clerk read as follows: pleaded guilty. He now faces a poten- justed gross income for a farmer is not The Senator from Missouri [Mr. BLUNT], tial life sentence. That successful pros- pure profit. Personal expenses and the for Mr. DEMINT, offers amendments num- ecution adds to the more than 440 ter- servicing of debt must still be covered. bered 763 and 764, en bloc. rorism-related convictions since Sep- Given the capital-intensive nature of The amendments are as follows: tember 11, 2001.

VerDate Mar 15 2010 04:18 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.080 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6752 CONGRESSIONAL RECORD — SENATE October 19, 2011 Over the last two and one half years, in Federal courts since September 11, ing for disaster relief grants at the the President and his national security 2001, including at least 78 convictions Economic Development Administra- team have done a tremendous job pro- during the Obama administration. tion. tecting America and taking the fight This amendment would deprive Fed- We all know that this has been a to our enemies. Earlier this year, the eral law enforcement of a critical tool record year for natural disasters. Our President ordered a successful strike in bringing terrorists to justice. It country has already experienced a against Osama bin Laden and has usurps the Attorney General’s con- record 10 natural disasters that cost stayed focused on destroying al Qaeda stitutional responsibilities. more than $1 billion each time. Hurri- from his first days in office. Last This body does not hold the responsi- cane Irene alone caused more than $7 month, the administration was also bility of prosecuting any one. We are billion in damages on the East Coast. able to locate Anwar al Awlaki, a ter- not the ones who go to court. We are In my home State of New Jersey, 11 rorist operative in Yemen who was re- not the ones who bring cases before a people lost their lives as a result of the cruiting Americans to attack within jury. The executive branch should hurricane. the United States. During the past two make those choices, and it has done a While President Obama came to my and one half years, the President and very good job in winning convictions. hometown of Paterson, NJ, to see the his national security team have devel- It would not be responsible for us to damage firsthand, I must point out oped a counterterrorism framework try to second-guess the system and tell that we are still, almost across the that has protected the American people a prosecutor what they should do in fu- country, in the wake of huge storms while taking on al Qaeda and its affili- ture cases. We would never do this to a that demand attention and will require ates. As the President’s assistant for State prosecutor. Why would we do substantial funding. Homeland Security and Counterterror- this to our Federal prosecutors who are In my hometown of Paterson, NJ, we ism John Brennan noted last month: so well equipped to handle these cases? witnessed unforgettable images. The ‘‘[T]he results . . . under this approach We have spent over 200 years devel- streets and sidewalks were covered in are undeniable.’’ Al Qaeda has been oping our criminal justice system, and mud. In some homes, the second floor ‘‘severely crippled’’ and the death of we have spent over 200 years developing was also covered with mud. Osama bin Laden was a ‘‘strategic our courts and our Federal prosecution But New Jersey is not alone. As I milestone’’ in that effort. processes. No one should try to pass an said, there have been extremely severe We must remain vigilant, but no one amendment that will overturn that. storms across the country, and flood- can deny the progress that has been This is not the path forward. I urge all ing and tornadoes have devastated the made. As Mr. Brennan emphasized, the Senators to oppose this amendment. Midwest and the South. As a result, approach is ‘‘a practical, flexible, re- I suggest the absence of a quorum. FEMA has declared Federal disasters sult-driven approach to counter ter- The PRESIDING OFFICER (Mr. in all but two States this year. In the rorism that is consistent with our laws, BEGICH). The clerk will call the roll. wake of these disasters, we have seen and in line with the very values upon The assistant legislative clerk pro- the American people pulling together, which this nation was founded.’’ He ceeded to call the roll. neighbor helping neighbor to put their noted: ‘‘Where terrorists offer injus- Mr. LAUTENBERG. Mr. President, I lives back together; furniture out on tice, disorder, and destruction, the ask unanimous consent that the order the lawn; memorabilia that was so United States and its allies stand for for the quorum call be rescinded. water soaked that it is valueless in freedom, fairness, equality, and hope.’’ The PRESIDING OFFICER. Without terms of recalling memories. The Judiciary Committee has held objection, it is so ordered. It is painful to witness. When you see several hearings on the issue of how to AMENDMENT NO. 836 TO AMENDMENT NO. 738 families standing together holding hands, wondering what is going to hap- best handle terrorism suspects. Experts Mr. LAUTENBERG. Mr. President, I pen to them, we look to our country and judges from across the political ask unanimous consent to temporarily and they say help us recover from this spectrum have agreed that our courts set aside the pending amendment and disaster. Perhaps we will never quite and our criminal justice system can call up my amendment No. 836. get over it, but we can use the help des- play a role in this challenge, and in- The PRESIDING OFFICER. Without perately. deed has been effectively involved objection, it is so ordered. The Federal Government has to do many times already. The clerk will report. its part, and I am pleased the Com- As a former prosecutor, I have abso- The assistant legislative clerk read merce, Justice, and Science bill we are lute faith in the abilities of our Federal as follows: courts, prosecutors, and law enforce- considering includes emergency fund- The Senator from New Jersey [Mr. LAU- ment to bring terrorists to justice. The ing for disaster relief grants at the TENBERG], for himself, Mr. SANDERS, Mr. Economic Development Administra- Executive Branch must have all op- MENENDEZ, and Mrs. GILLIBRAND, proposes an tions available in handling terrorism amendment numbered 836 to amendment No. tion. I thank Senator MIKULSKI for her cases, including the ability to pros- 738. good work as chairman on this bill, but ecute terrorists in Federal criminal The amendment is as follows: the needs all across the country are overwhelming and more disaster assist- courts. (Purpose: To provide adequate funding for I find it deeply troubling that the Economic Development Administration ance is needed. Senate would prohibit the administra- disaster relief grants pursuant to the This amendment increases the fund- tion from trying terrorists in our Fed- agreement on disaster relief funding in- ing for EDA disaster relief grants by eral courts. While there may be a place cluded in the Budget Control Act of 2011) $365 million to a total of $500 million of for military commissions in our overall On page 88, between lines 8 and 9, insert availability. I point out that many of approach to dealing with terrorism sus- the following: these disasters themselves have $1 bil- pects, they remain mostly an unproven For an additional amount for ‘‘Economic De- lion worth of damage. My amendment tool. The federal courts have dramati- velopment Assistance Programs’’ for ex- is cosponsored by Senator SANDERS, cally more experience with handling penses related to disaster relief, long-term MENENDEZ, GILLIBRAND, BLUMENTHAL, these types of cases and have a proven recovery, and restoration of infrastructure and LEAHY, and I thank them for their track record of success. in areas that received a major disaster des- support. Any area that received a Fed- There have been only six convictions ignation in 2011 pursuant to the Robert T. eral disaster declaration this year in military commissions since Sep- Stafford Disaster Relief and Emergency As- would be eligible to compete for this sistance Act (42 U.S.C. 5122(2)), $365,000,000, to tember 11. Of the six convictions, five remain available until expended: Provided, disaster relief, including areas in 48 resulted from plea bargains. On aver- That such amount is designated by Congress States so far this year. I want to be age, the sentences given to those six as being for disaster relief pursuant to sec- clear. Natural disasters devastate local defendants convicted in military com- tion 251(b)(2)(D) of the Balanced Budget and economies, causing damages that can missions have been far shorter than the Emergency Deficit Control Act of 1985 (Pub- linger for years. FEMA reimburses sentences handed down in Federal lic Law 99–177), as amended. local governments’ homeowners for re- criminal courts. There have been more Mr. LAUTENBERG. Mr. President, pairs in the immediate aftermath of a than 443 terrorism-related convictions this amendment would increase fund- storm, but EDA grants are needed to

VerDate Mar 15 2010 04:18 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.082 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6753 help communities get back on track for bills. It has been difficult, and one rea- Mr. REID. Mr. President, I withdraw recovery and economic revitalization son it has been difficult is this is kind my motion to proceed to Calendar No. in the wake of a major disaster. Com- of a new area we are working in; that 204. munities use these disaster relief funds is, legislating. I was very impressed to The PRESIDING OFFICER. The mo- to repair damaged public infrastruc- see Senator MIKULSKI talk with great tion is withdrawn. ture, such as sewer and drinking water clarity about how nice it was for her to The minority leader. systems, and States use the EDA again be legislating. f But we are not there yet. We were grants to create and coordinate effi- WITHHOLDING TAX RELIEF ACT hoping to have a number of votes cient disaster response and recovery OF 2011—MOTION TO PROCEED plans. today—tonight—but we haven’t been Additionally, local governments and able to do that. We are getting close. Mr. MCCONNELL. Mr. President, I nonprofits can lend EDA disaster relief Our staffs are working very hard to ask unanimous consent to proceed to funds to businesses to help our private come up with an agreement we hope we Calendar No. 205, S. 1726, and I send a sector to rebuild and to grow. Congress can do tonight, to set up a series of cloture motion to the desk. has recognized the value of this pro- four to six votes in the morning and CLOTURE MOTION gram in the past. During the past 5 then, hopefully, a pathway to com- The PRESIDING OFFICER. Without years, we have provided more than $550 pleting this legislation. objection, the cloture motion having million in EDA emergency disaster re- We have other issues. Always we been presented under rule XXII, the lief funds. This includes $500 million in have to do more than one thing at a Chair directs the clerk to read the mo- emergency supplemental funding for time. So we will move forward, the Re- tion. EDA in 2008 to respond to the hurri- publican leader and I, on filing a couple The assistant legislative clerk read canes that devastated the South and of cloture motions that we are going to as follows: the heavy rains that caused massive set up for votes either Friday or hope- CLOTURE MOTION flooding throughout the Midwest. fully we can get them done tomorrow. We, the undersigned Senators, in accord- When these areas were in need, Con- Mr. MCCONNELL. If I can make just ance with the provisions of rule XXII of the gress came together and extended a a couple remarks. Standing Rules of the Senate, do hereby helping hand. Unfortunately, we have The PRESIDING OFFICER. The Re- move to bring to a close debate on the mo- to do so again now. The funding in my publican leader. tion to proceed to S. 1726, the Withholding Mr. MCCONNELL. We do have a num- Tax Relief Act of 2011. amendment complies with the disaster James Inhofe, David Vitter, Mike Crapo, relief provisions included in the Budget ber of amendments pending, and we are working our way in the direction of Kelly Ayotte, Roy Blunt, Johnny Isak- Control Act and is not offset with cuts son, Jeff Sessions, Mike Lee, Saxby from other programs in the bill. When getting back to a normal process. I Chambliss, Tom Coburn, Jon Kyl, disaster strikes, victims don’t want us share the majority leader’s hope and Susan Collins, Ron Johnson, Pat Rob- to reach for the budget ax, they want his view that we will have a number of erts, Richard Burr, Lamar Alexander. us to help them rebuild and recover. votes, hopefully tomorrow, as a result Mr. MCCONNELL. I now withdraw We all recognize our country faces se- of an agreement we are working on. my motion to proceed. rious fiscal challenges, but we cannot f The PRESIDING OFFICER. The mo- put a price on human lives. Nothing is TEACHERS AND FIRST RESPOND- tion is withdrawn. more important than protecting our ERS BACK TO WORK ACT OF The majority leader. communities, our families, and our 2011—MOTION TO PROCEED f economy. Hurricane Irene and many Mr. REID. Mr. President, I move to AGRICULTURE, RURAL DEVELOP- other natural disasters hit our country proceed to Calendar No. 204, S. 1723. MENT, FOOD AND DRUG ADMIN- this year, causing widespread damage The PRESIDING OFFICER. The ISTRATION, AND RELATED that is going to require a massive re- clerk will report. AGENCIES APPROPRIATIONS ACT building effort. The American people The assistant legislative clerk read OF 2012—Continued are looking to us, to the Federal Gov- as follows: ernment, to lend a helping hand. Mr. REID. Mr. President, as I indi- Motion to proceed to Calendar No. 204, S. I point again to the picture of what a cated earlier, we have tried most all 1723, a bill to provide for teacher and first re- day to have some votes. We were un- disaster such as this can do, where sponder stabilization. able to do that. We are not going to water is virtually up to the second CLOTURE MOTION have any more votes tonight. I have floors, and this was repeated across the Mr. REID. Mr. President, I have a spoken with the Republican leader. We State of New Jersey and in many other cloture motion at the desk. States as a result of hurricane Irene. The PRESIDING OFFICER. The clo- have done the best we can for today. With that, I urge my colleagues to ture motion having been presented There will be more business on the support this amendment. Although under rule XXII, the Chair directs the floor this evening; hopefully, we will be there are squabbles about funding for clerk to read the motion. able to set up some votes tomorrow. So various programs, at no time is the The assistant legislative clerk read I apologize to everyone for not being help more urgently needed than now— as follows: able to have some votes or to have some way of moving forward, but we again, right after these storms have CLOTURE MOTION hit, leaving terrible devastation and We, the undersigned Senators, in accord- have done, as I indicated, the best we people urging and pleading with us to ance with the provisions of rule XXII of the can. give them the help. I urge my col- Standing Rules of the Senate, hereby move I guess the good news is some people leagues to support the amendment. to bring to a close the debate on the motion will be able to watch the World Series. With that, I yield the floor, and I to proceed to Calendar No. 204, S. 1723, I suggest the absence of a quorum. suggest the absence of a quorum. Teachers and First Responders Back to Work The PRESIDING OFFICER. The The PRESIDING OFFICER. The Act. clerk will call the roll. clerk will call the roll. Harry Reid, Robert Menendez, Daniel The assistant legislative clerk pro- Inouye, Herb Kohl, Sheldon White- The assistant legislative clerk pro- ceeded to call the roll. house, Jack Reed, Jeff Bingaman, Bar- The PRESIDING OFFICER. The Sen- ceeded to call the roll. bara Mikulski, Patty Murray, Debbie Mr. REID. Mr. President, I ask unan- Stabenow, Richard Durbin, Sherrod ator from New York. imous consent that the order for the Brown, Richard Blumenthal, Bernard Mrs. GILLIBRAND. Mr. President, I quorum call be rescinded. Sanders, Robert Casey, Jr., Jeff ask unanimous consent that the order The PRESIDING OFFICER. Without Merkley, Patrick Leahy, Tom Harkin. for the quorum call be rescinded. objection, it is so ordered. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without Mr. REID. Mr. President, we have that the mandatory quorum call under objection, it is so ordered. worked long and hard this whole week rule XXII be waived. AMENDMENT NO. 869 trying to move forward on the legisla- The PRESIDING OFFICER. Without Mrs. GILLIBRAND. As you know, tion dealing with our appropriations objection, it is so ordered. Mr. President, Hurricane Irene and

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.086 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6754 CONGRESSIONAL RECORD — SENATE October 19, 2011 Tropical Storm Lee left a trail of dev- T. Stafford Disaster Relief and Emergency appropriations—provides $78 million in astation all across New York. I saw Assistance Act (42 U.S.C. 5122(2)) is increased security discretionary budget author- firsthand the impact that they left on by $61,200,000. ity and $52.8 billion in nonsecurity dis- (b) The additional amounts provided under our communities: complete homes ru- subsection (a)— cretionary budget authority for fiscal ined, entire streets 7 feet of water, all (1) are designated by Congress as being for year 2012, which will result in new out- people’s belongings on their front yard, disaster relief pursuant to section lays of $37.7 billion. When outlays from small businesses basically uncertain as 251(b)(2)(D) of the Balanced Budget and prior-year budget authority are taken to whether they could rebuild, whether Emergency Deficit Control Act of 1985 (2 into account, discretionary outlays for they could rehire employees, crum- U.S.C. 901(b)(2)(D)); division B will total $63.5 billion. bling bridges, washed-out roads, heat- (2) are subject to the same terms and con- Division B of the bill includes a total ing oil soaking into buildings and into ditions as any other amounts provided under of $135 million in budget authority des- section 732 for the same purposes; and ignated as being for disaster relief for the ground, farms with no feed for live- (3) shall remain available until expended. stock, crops and livelihoods vanishing the Economic Development Adminis- Mrs. GILLIBRAND. I wish to add in a single day. tration. Pursuant to section 106(d) of Senators LEAHY, CASEY, and SANDERS This farm in Middleburgh is just a the Budget Control Act, an adjustment as cosponsors to this amendment, snapshot of what our farmers are fac- to the Appropriations Committee’s along with Senator SCHUMER and my- ing. Debris covers the land, most crops 302(a) allocation has been made for this self. amount in budget authority and for the washed away. Whatever was left, con- The PRESIDING OFFICER. Without taminated. The Van Allers, who own outlays flowing therefrom. objection, it is so ordered. Funding in division B of the bill is $6 this farm, told me that the worst sound Mrs. GILLIBRAND. Mr. President, I they had ever heard was their cows suf- million below the subcommittee’s sec- yield the floor. tion 302(b) allocation for security budg- fering as the water rose. Mr. CONRAD. Mr. President, I wish et authority but matches the alloca- This year has been unprecedented to offer for the RECORD the Budget tion for nonsecurity budget authority disasters striking agricultural regions Committee’s official scoring of H.R. and for overall outlays. No budget all across the United States, not just in 2112, the Department of Agriculture, points of order lie against division B of New York. In order to help these rural Rural Development, Food and Drug Ad- agricultural communities rebuild in the bill. ministration, and Related Agencies Ap- Division C of the bill—Transpor- my State and across the country, I am propriations Act for fiscal year 2012, as tation, Housing and Urban Develop- offering an amendment No. 869 to fund reported. ment, and related agencies appropria- the backlog of State applications for The bill, as considered by the Senate, tions—provides $57.6 billion in nonsecu- the Emergency Conservation Program includes the text of two other com- rity discretionary budget authority for and the Emergency Watershed Pro- mittee-reported appropriations bills: S. fiscal year 2012, which, when combined gram. 1572, the Departments of Commerce, with transportation obligation limita- I call up this amendment now. This Justice, and Science and Related Agen- tions in the bill, will result in new out- funding will help more than half the cies Appropriations Act for fiscal year lays of $46.4 billion. When outlays from States in this Nation with the disasters 2012; and S. 1596, the Departments of prior-year budget authority and trans- they have experienced so far this year, Transportation, Housing and Urban De- portation obligation limitations are from the flooding in the Midwest to the velopment, and Related Agencies Ap- taken into account, discretionary out- droughts in Texas to the devastation propriations Act for fiscal year 2012. lays for the division C will total $122.7 that happened all across New York The bill is divided into three divi- billion. State. This is emergency funding that sions, each representing the reported Division C of the bill includes a total will help our farmers and our busi- legislative text from a subcommittee. of $2.3 billion in budget authority des- nesses survive. I urge my colleagues to Each division, therefore, will be consid- ignated as being for disaster relief in- support this amendment to reduce the ered separately for budget enforcement cluding $1.9 billion for the Federal backlog of eligible projects that are purposes. Highway Administration’s Emergency needed desperately right now by these Division A of the bill—Agriculture, Relief Program and $400 million for the families and these farms to rebuild. Rural Development, Food and Drug Ad- Community Development Block Grant We wish to bring up amendment No. ministration, and related agencies ap- Program. Pursuant to section 106(d) of 869. propriations—provides $1.8 billion in the Budget Control Act, an adjustment The PRESIDING OFFICER. The security discretionary budget author- to the Appropriations Committee’s clerk will report. ity and $18.3 billion in nonsecurity dis- 302(a) allocation has been made for this The bill clerk read as follows: cretionary budget authority for fiscal amount in budget authority and for the The Senator from New York [Mrs. GILLI- year 2012, which will result in new out- outlays flowing therefrom. BRAND], for herself and Mr. SCHUMER, pro- lays of $14.7 billion. When outlays from Funding in Division C of the bill poses an amendment numbered 869. prior-year budget authority are taken matches the subcommittee’s section Mrs. GILLIBRAND. I ask unanimous into account, discretionary outlays for 302(b) allocation for nonsecurity budget consent the reading of the amendment division A will total $23 billion. authority and is $196 million below the be dispensed with. Division A of the bill includes a total subcommittee’s allocation for overall The PRESIDING OFFICER. Without of $266 million in budget authority des- outlays. No budget points of order lie objection, it is so ordered. ignated as being for disaster relief for against division C of the bill. The amendment is as follows: the Emergency Conservation Program, I ask unanimous consent that the the Emergency Forest Restoration (Purpose: To increase funding for the emer- table displaying the Budget Committee gency conservation program and the emer- Program, and the Emergency Water- scoring of the bill be printed in the gency watershed protection program) shed Protection Program. Pursuant to RECORD. On page 83, between lines 9 and 10, insert section 106(d) of the Budget Control There being no objection, the mate- the following: Act, an adjustment to the Appropria- rial was ordered to be printed in the SEC. ll. (a) Notwithstanding any other tions Committee’s 302(a) allocation has RECORD, as follows: provision of this Act— been made for this amount in budget (1) the amount provided under section 732 authority and for the outlays flowing H.R. 2112, 2012—AGRICULTURE, COMMERCE-JUSTICE- for the emergency conservation program for therefrom. SCIENCE, AND TRANSPORTATION-HUD APPROPRIATIONS 1 expenses resulting from a major disaster des- Funding in division A of the bill [Spending comparisons—Senate-Reported Bill (in millions of dollars)] ignation pursuant to the Robert T. Stafford matches the subcommittee’s section Disaster Relief and Emergency Assistance 302(b) allocation for security and non- Security Non-Se- Total Act (42 U.S.C. 5122(2)) is increased by curity security budget authority and for over- $48,700,000; and Division A: Department of Agriculture, and (2) the amount provided under section 732 all outlays. No budget points of order Rural Development, Food and Drug Ad- for the emergency watershed protection pro- lie against division A of the bill. ministration, and Related Agencies Act, 2012 gram for expenses resulting from a major Division B of the bill—Commerce, Senate-Reported Bill: disaster designation pursuant to the Robert Justice, Science and related agencies Budget Authority ...... 1,750 18,296 20,046

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.088 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6755 H.R. 2112, 2012—AGRICULTURE, COMMERCE-JUSTICE- lion will be paid by the firm’s mal- ent once it has expired and entered the SCIENCE, AND TRANSPORTATION-HUD APPROPRIA- practice insurer. public domain. TIONS 1—Continued WilmerHale also immediately paid As I have said many times before, [Spending comparisons—Senate-Reported Bill (in millions of dollars)] $18 million up front to cover Medco’s this body should not be intruding on litigation and lobbying expenses over the jurisdiction of the judicial branch. Non-Se- Security curity Total the past decade. The settlement was Today, I am offering an amendment to tied to their success in getting either right this wrong and to allow the Fed- Outlays ...... — — 23,038 the PTO or Congress to grant an exten- eral Circuit, without interruption, to Senate 302(b) Allocation: Budget Authority ...... 1,750 18,296 — sion of Medco’s patent term before fulfill its constitutional role in decid- Outlays ...... — — 23,038 June 2015, when the extension period ing a pure question of law. Division A Compared To: Senate 302(b) allocation: overturning the PTO decision would Mr. President, there is no unanimous Budget Authority ...... 0 0 — otherwise expire. consent, I know, to bring up amend- Outlays ...... — — 0 Division B: Departments of Commerce and Both the company and its law firm ment No. 812, which I have submitted. Justice, and Science and Related Agen- have spent millions of dollars and It is a very important amendment. It is cies Appropriations Act, 2012 Senate-Reported Bill: many years lobbying Congress to something I will insist on through Budget Authority ...... 78 52,752 52,830 change the rules and to politically fix every appropriate power an individual Outlays ...... — — 63,517 Senate 302(b) Allocation: their legal mistake. Unfortunately—in Senator has to get an amendment to be Budget Authority ...... 84 52,752 — my view—they succeeded. voted on. Hopefully it will be coming Outlays ...... — — 63,517 Division B Compared To: One of the many reasons I oppose up tomorrow or the next day. Let me Senate 302(b) allocation: this special interest fix is because I be- again summarize it briefly. Budget Authority ...... ¥6 0 — Outlays ...... — — 0 lieve it is unnecessary, unwise and dan- Amendment 812 would prohibit the Division C: Departments of Transportation, gerous for Congress to interfere with Patent and Trademark Office from Housing and Urban Development and Related Agencies Appropriations Act, ongoing litigation, which is what hap- using funds to implement section 37 of 2012 pened here. It goes against historical the America Invents Act, more com- Senate-Reported Bill: Budget Authority ...... — 57,550 57,550 precedent and sound policy for Con- monly known as the Medco fix. When Outlays ...... — — 122,721 gress to directly interfere with active the patent bill moved through the Sen- Senate 302(b) Allocation: Budget Authority ...... — 57,550 — judicial proceedings on behalf of one ate and the House—that took a dec- Outlays ...... — — 122,917 party over another. Here, the U.S. Dis- ade—efforts were made to reverse a de- Division C Compared To: Senate 302(b) allocation: trict Court for the Eastern District of cision by the Patent and Trademark Budget Authority ...... — 0 — Virginia had already ordered the PTO Office that had declared a major Bos- ¥ Outlays ...... — — 196 to ‘‘consider’’ Medco’s application ton law firm had failed to file a docu- 1 Divisions A, B, and C of Senate amendment 738 to H.R. 2122 include timely filed and adopt an interpreta- ment in time to preserve a patent for the Senate-reported legislative text of the respective Appropriations bills list- ed above. tion of the word ‘‘date’’ in the statute their client Medco and, as a result of that includes a ‘‘next business day’’ that, Medco was to lose its patent The PRESIDING OFFICER. The Sen- construction rather than ‘‘calendar sooner than otherwise would be the ator from Alabama. day’’ as the PTO argued. Although the case. Generic manufacturers would be AMENDMENT NO. 812 PTO did not appeal the decision, a ge- able to manufacture the drug and it Mr. SESSIONS. Mr. President, I neric company, APP Pharmaceuticals, was asserted that it would cost $214 would like to speak on amendment intervened in the case with an appeal million as a result of this error. number 812, which would prohibit the to the Federal Circuit Court of Ap- If a doctor makes an error, the doc- Patent and Trademark Office from peals. At the time that Congress was tor gets sued for malpractice. If law- using funds to implement Section 37 of considering the America Invents Act, yers make errors, they get sued for the America Invents Act, more com- oral arguments before the appeals malpractice. They have malpractice in- monly known as the ‘‘Medco Fix.’’ court already had been scheduled for surance. Apparently they had some in- The Medco fix was a bailout for a just a few weeks later. The court had surance. well-connected law firm—WilmerHale— not even had the chance to hear argu- At any rate, it appears millions of and its malpractice insurer to the tune ments when some of my colleagues dollars, or hundreds of millions of dol- of $214 million, and the essence of spe- were arguing that the Medco fix merely lars, were set aside for lobbying and cial interest legislation that will result enshrined in statute the holdings of the other efforts to politically reverse the in increased costs for the government, courts. patent office during a time while the hospitals and consumers. I offered an However, it is my understanding that matter was litigated in court. When amendment to the America Invents APP—the intervening party—pointed the patent bill came up a few months Act to strike this special interest fix out to the appeals court that even if ago it was contended that this is the and it was narrowly defeated by a vote the Medco fix applied to this appeal, only vehicle to fix this problem and we of 51 to 47. according to the language of the Amer- needed to fix it. The House voted not to This saga began in 2001, when ica Invents Act, it would not take ef- put it in their bill. Then somehow a WilmerHale apparently missed a rou- fect for one year from the date of en- new vote was obtained, and by the nar- tine deadline for submitting to the actment. Indeed, the America Invents rowest of margins the House put it in PTO a patent term extension (PTE) ap- Act provides that, unless otherwise and it came to the Senate. plication on behalf of its client Medco. specified, all provisions are to take ef- I had been objecting for a decade, and The PTO denied the application, con- fect one year after the date of enact- I objected and others objected, and we cluding it was not filed in a timely ment and no special effective date is had a vote and by the margin of 51 to manner. Legal deadlines like this exist provided for the Medco fix. Should we 47 it was decided not to amend the pat- for a reason. They provide certainty now expect them to come to Congress ent bill that the House had passed and not only to the litigants in a particular for a fix for lobbying malpractice? to pass it just as the House did, al- matter but also to the public. Every Given this, the Federal Circuit post- though many people told me they day in courts across America where a poned oral argument, ordered the par- agreed with me that this Medco fix in- deadline is missed the result is the ties to file briefs regarding the impact tervening in ongoing litigation should same. Claim is dismissed the remedy of the effective date, and then resched- not occur, but changing the patent bill available to the harmed party is a mal- uled the argument for November 15th. I would send it back to the House and practice claim against the offending would point out to my colleagues who endanger the passage of the bill. attorney. so forcefully insisted on this fix that I was disappointed then. But what we Yet, in the 10 years since the Federal Circuit’s actions dem- discovered is that the litigation con- WilmerHale’s malpractice, Medco onstrate that this is by no means mere- tinues. It is now before the U.S. Court never sued the law firm. Instead, in ly technical. The court is reviewing of Appeals. The Court of Appeals is February 2011, the parties agreed to a this very question of law, both for ef- taking arguments on a number of settlement whereby the firm would pay fectiveness and to determine whether issues that relate to this. It is a very Medco $214 million, of which $99 mil- Congress has the power to revive a pat- real problem. It is a matter that ought

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.029 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6756 CONGRESSIONAL RECORD — SENATE October 19, 2011 to be decided by the courts, not politi- To what purpose then require the coopera- litical experience, have you acquired any cians. If some special relief act is to be tion of the Senate? I answer, that the neces- budget training, including classes or con- utilized—and sometimes those can be— sity of their concurrence would have a pow- tinuing education? erful, though, in general, silent operation. It She responded with one sentence: it can’t be utilized while a party still would be an excellent check upon a spirit of I have not taken any formal continuing has litigation ongoing. Only after the favoritism in the President, and would tend education classes on the budget. litigation is exhausted can someone ap- greatly to prevent the appointment of unfit peal for a special relief act. In essence, characters from State prejudice, from family I asked her whether she was the pri- that is what Medco is asking for. connection, from personal attachment, or mary budget staffer during her tenure I do not think it is right. I practiced from a view to popularity. in the Senate. She essentially gave a law for a long time. I know how the In other words, the Senate does have nonanswer to that. It doesn’t appear system works. I know at this fine law a duty to evaluate the President’s that she was deeply involved as a gen- firm in Boston, every day the first nominees. eral office Senate staffer in budgetary thing they look at when somebody sues Unfortunately, the situation we face matters, not the primary staffer and one of their clients is: Did the person today with the nomination of Heather not a staffer whose Senator served on file a lawsuit too late? If they did, they Higginbottom to be the Deputy Direc- the Budget Committee. will dismiss it. Every judge who sees a tor for the Office of Management and In another prehearing question, she motion to dismiss for lack of timely Budget is one of those cases. I do not was asked whether, as a nation, we filing objectively looks at it. If it is 1 know her personally, but let me state needed to focus on deficit reduction day, 1 hour, 1 minute late, you are out. from the outset that I have no ques- rather than new spending. She re- That is the rule of law in America. It tions about her character. She has sponded by deferring to the President’s doesn’t make any difference if you are many admirers. Senator KERRY, for fiscal year 2012 budget, stating that it the widow lady or if you are the head whom she worked, is an admirer, and I ‘‘begins the challenging but essential of some company or if you are a big respect that. The President certainly process of adjusting spending to drug company or a big law firm. That seeks her appointment and has asked achieve fiscal sustainability imme- is justice in America. me to try to see that the appointment diately with a 5-year freeze of nonsecu- I do not think this is a good thing for moves along. I respect his desire to rity discretionary spending.’’ Now, this us to do. Now that we have this legisla- have an up-or-down vote and have is the same budget that adds to the tion before us, it is germane and appro- agreed that we would have this vote debt every single year and has substan- priate, because it has patent language and have so agreed for some time. But tial deficits every single year. During her confirmation hearing be- in it, for us to fix this decision we sort my concern is with the nominee’s fore the Budget Committee, on which I of got forced into making and to have budgetary experience. It is the lack of was the ranking Republican, she con- a vote on it as part of this bill. What experience that causes me to voice my tinued to use President Obama’s incor- we know is that the language of the opposition. rect formulations. I use that phrase patent act that we passed, the America Let me first mention that the Office kindly. She testified that President Invents Act, would not take effect for 1 of Management and Budget has the pri- mary responsibility to assist the Presi- Obama’s fiscal year 2012 budget—the year from the date of enactment. Dur- dent in overseeing the preparation of one he submitted in January—would ing that time the litigation continues. the Federal budget. This is a huge re- pay down the debt and ‘‘puts us on a Congress ought not intervene. Congress sponsibility. In helping the President path to stabilize our debt.’’ But this is ought to let the courts decide. Then if formulate his spending plan, OMB must the same budget proposal that, by the only remedy in Congress would be evaluate the effectiveness of agency OMB’s own estimate, has a deficit of to file for a special relief act, Congress programs, policies, and procedures, as- approximately $800 billion in year 10 of could consider it or not based on the sess competing funding demands the 10-year budget, and not a single circumstances of the case. among all of these agencies, and set deficit in the 10 years of this budget I do believe it is a very important the priorities and help the President. that was submitted to us falls below issue. I truly believe Congress is un- OMB is not in charge—the President $600 billion. I would just note that, for wise, very unwise, to begin to step into is—but in reality OMB is the agency example, $600 billion is larger than any ongoing litigation involving highly that raises the concerns with over- deficit President Bush ever had. So in competent parties with large amounts spending with the various Federal the 10 years, the lowest budget deficit of money and start taking sides in that agencies. They submit their requests, projected by President Obama’s own litigation. I believe it would be wrong. and then the OMB says yea or nay. It Office of Management and Budget is I suggest the absence of a quorum. is a very serious matter because very $600 billion—the lowest. The PRESIDING OFFICER. The important people are asking for money. Surely a more experienced, skilled, clerk will call the roll. Sometimes you just have to say no to and serious nominee, one who is ac- The bill clerk proceeded to call the very prominent Cabinet people. The quainted with the great debt threat we roll. have in America, would recognize that Mr. SESSIONS. Mr. President, I ask Cabinet people can appeal to the Presi- dent, but they don’t do it often. They these deficits are irresponsible, and one unanimous consent that the order for recognize that OMB is the place where can’t say we are living within our the quorum call be rescinded. means or we are on a path to stabilize The PRESIDING OFFICER. Without most of these matters have to be de- our debt. objection, it is so ordered. cided. OMB speaks on behalf of the President. You cannot say that. Even Treasury NOMINATION OF HEATHER HIGGINBOTTOM Ms. Higginbottom’s experience points Secretary Geithner, when he testified Mr. SESSIONS. Mr. President, time to someone who has been on the wrong before the Budget Committee, said the has been set aside for the Heather side, however, of fiscal restraint. In- President’s budget would be Higginbottom nomination. I hadn’t in- stead of crafting policies to decrease ‘‘unsustainable’’ if Congress passed it tended to speak tonight, but it has spending, she has been focused on new as written. been suggested that we might get programs to increase spending. But the Senate Budget Committee started on that to provide more time In her Budget Committee question- was not the only forum in which Ms. tomorrow for other business in the naire, she was asked about her quali- Higginbottom was given an oppor- Senate. So I will share my remarks to- fications for the job. She cited her leg- tunity to highlight her experience. She night for the record, and hopefully we islative and political experience. I be- had a hearing before the Homeland Se- can have more of a good discussion to- lieve she worked in a Presidential cam- curity and Governmental Affairs Com- morrow. paign at one point but cited no direct mittee. They asked about her quali- The Constitution makes it very clear budgetary knowledge and provided no fications also, which they indicated that it is the President who nominates. examples of developing a budget. were lacking. Confirmation does not occur, however, In one prehearing question, I asked Senator COLLINS said in her opening without the consent of the Senate. In Ms. Higginbottom: statement: Federalist No. 76, Alexander Hamilton Your background is in education and pub- The nominee’s background, while impres- wrote: lic policy. Outside of your legislative and po- sive in many respects, does not include a

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.091 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6757 great deal of experience in budget process or ence to be the Deputy Director at an checked them and found them to be financial analysis. office that manages a government that false. Even by OMB’s own reckoning, Senator SCOTT BROWN used his first is spending $3,700 billion this year and the deficit would never be smaller than question to deal with her experience. taking in about $2.3 trillion—borrowing $600 billion at any point in the 10-year He said: 40 cents of every $1 we spend. budget window. We would not be pay- I notice from your resume you have some This is a most august position, and it ing down our debt. We are not going to great political experience and some really requires a person who can have the be spending only money we are taking good policy experience. I was wondering if confidence and judgment to say no to in each year under the President’s you’d share with the committee, you know, people who always want to spend more. budget. what type of accounting and budgetary expe- Arguably, she would be the least What would happen to a CEO of a rience you have. qualified Deputy Director in decades. corporation if they told potential in- Well, she first attempted to avoid the The last two nominees in this position vestors: Well, we are living within our question, talking about her general had a combined 21 years of budget and means. We will begin to pay down our legislative and policy experience. Sen- finance experience. For example, Rob debt. We are going to only spend ator BROWN interrupted her and got to Nabors, the most recent nominee be- money we are taking in each year. In- the heart of the matter: fore her, served 8 years on the House vest in our company. And people in- So I guess my original question is, what Appropriations Committee and 6 years vested in the company, and they found type of budgetary and accounting experience at the Office of Management and Budg- out that there was no budget plan in do you have? et. Steve McMillin, the nominee before place that showed anything less than Ms. Higginbottom responded that she him, served 3 years on the Senate huge deficits for the entire next decade was not an accountant and that her Banking Committee and 4 years at the and that the company was borrowing 40 goal was to implement the President’s Office of Management and Budget. You cents of every $1 that it was spending? policy agenda through the budgetary learn something operating out of the What would happen then? I am telling process. I would note that the Presi- Office of Management and Budget. you, he would be sued, if not pros- dent’s policy agenda seems to be pri- That prepares you to have a leadership ecuted for fraud. marily to continue extraordinary new role there. Combined, Ms. So this is the kind of leadership we and expanded ‘‘investments’’—spend- Higginbottom does not have 1 year of have. I am not happy with it. The ing—in many, many areas of our gov- budget or finance experience. Over the American people should not be happy ernment. last 20 years, nominees for this posi- with it. They came in to spend, not After opportunities to prove she was tion have had an average of 6.5 years of look the American people in the eye qualified through prehearing questions experience. Well, in certain cir- and tell them of the grave financial and through testimony at two con- cumstances, in certain times, maybe crisis we are facing in America. firmation hearings, she was reported less experience is OK. But at a time Erskine Bowles, heading the commis- out of the Homeland Security and Gov- when this Nation has never faced a sion appointed by President Obama, ernmental Affairs Committee and the more serious debt threat, we need real, told us. He told us we are on an Budget Committee on a party-line august, serious leadership. unsustainable path. It threatens our vote. Our Democratic colleagues in Mr. Erskine Bowles, who cochaired economic future; that we are facing the both committees voted her out with President Obama’s fiscal commission, most predictable financial crisis in our the majorities they had. Because of her which issued a most serious report to history. When asked when that crisis lack of experience, not one Republican us, warned that if the United States might occur, when might we have eco- voted for her. fails to take significant action on debt nomic damage arising from our debt, So now a number of my colleagues reduction, the country would face ‘‘the he said 2 years, maybe a little less, have argued that the criticism is based most predictable economic crisis in its maybe a little more. Alan Simpson, his not on a lack of experience but on her history.’’ Cochairman, said: I think it could be age, that somehow she is being unfairly We are borrowing 40 cents of every $1 less—less than 1 year. treated because of that. She is young— we spend. Our Nation’s gross debt is This is not a game we are playing young for this job—but the age allega- larger than our entire economy. The here. We do not need government offi- tion is not correct. last thing we need now is someone who cials spinning that we are living within After her confirmation hearing in the does not have the gravitas to say no to our means and paying down our debt. Budget hearing, I sent her a followup those who always tend to want to We are running up debt in a fashion question: spend more. That is just one of the jobs never, ever, ever before done in this Some of my Democratic colleagues, during OMB has—to say no. Nation. It is unsustainable, and it is so your confirmation hearing before the Budget When the Secretary of the Interior or dangerous because it is systemic, and Committee, indicated that when some of us the Secretary of Energy comes before it is hard to get off this trend. It is de- questioned your experience, that we were the department, asking for approval of using ‘‘experience’’ as a code word for age. mographics. It is a lot of different rea- The experience I am concerned about is ac- their budget which calls for more sons. But it is very serious, and we tual budget experience. In a prehearing ques- spending, a responsible OMB Director need leaders in OMB who are watching tion, I asked you the following: or his Deputy must be able to say no. every single dime that is being spent, ‘‘Your background is in education and pub- Looking at President Obama’s fiscal looking for every effort and place that lic policy....have you acquired any budg- year 2012 budget, I am sorry to say this savings can be effected. That is what et training, including classes or continuing duty has not been met by Mr. Lew, the we need, and I just do not feel as education?’’ Director. And I cannot see he is going You responded in this way: though this nominee fits that bill. She ‘‘I have not taken any formal continuing to get much strength and support for is a good person. She is, apparently, a education classes on the budget.’’ doing the right thing from this nomi- good staffer, has a lot of friends. But I asked if these facts had changed, nee. the position of Deputy Director of OMB and she basically said no. She said: I supported Director Lew, but I have is a grave position. It has august re- been disappointed in his leadership. ‘‘For over a decade, I have worked at the sponsibilities. It requires a most seri- highest levels of policymaking in the United When the President submitted his ous person who is willing to take States Senate and the White House. This budget to Congress, Director Lew came strong stands and say no to people who, work has included, but was not limited to, before the Budget Committee and made all too often, want to spend more and the budgetary implications of those poli- some of the most indefensible claims I more. cies.’’ have heard in public life. He did. Direc- When asked about our financial situ- Not budget but policy issues and tor Lew said the President’s budget ation, in one of her answers she made budgetary implications of those poli- would allow us to live within our reference to the first stimulus bill, the cies. means, begin to pay down our debts, Recovery Act, so-called. This is what So the answer to the question I asked and spend only money we are taking in the nominee said: is no, clearly. She simply does not have each year. Not one of those claims was Fortunately, Recovery Act spending the kind of serious budgetary experi- true. Multiple fact-check organizations has been extraordinarily transparent,

VerDate Mar 15 2010 05:28 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.093 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6758 CONGRESSIONAL RECORD — SENATE October 19, 2011 enabling the public to assess the job SEC. lll. The provisions of sections MORNING BUSINESS 517(c), 531, and 538 shall apply to all agencies impacts of the various programs fund- f ed. Overall, the data demonstrate that and departments funded by divisions A, B, TRIBUTE TO CARL H. LINDNER JR. the Recovery Act has delivered as and C. promised by creating and saving mil- AMENDMENT NO. 798, AS MODIFIED Mr. MCCONNELL. Mr. President, I lions of jobs across the country, and At the appropriate place, insert the fol- rise to mourn the passing of a great has been an essential factor in rescuing lowing: American and a man who did much to the American economy. SEC. ll. Notwithstanding section 701, benefit the people of Kentucky as well Well, I know the nominee is a friend none of the funds made available by this Act as his native Ohioans, Mr. Carl Henry and ally of the President, and I am may be used to purchase new passenger Lindner Jr. Carl Lindner was greater motor vehicles, except for national security, Cincinnati’s most successful entre- willing to give her a vote, and I sup- law enforcement needs, public transit, safe- pose she will be confirmed. But I just ty, and research: Provided further, all agen- preneur and a self-made billionaire. He want to say that I think that is a bit of cies and departments funded by divisions A, passed away this October 17. He was 92 a Pollyannaish description of the suc- B, and C of this Act shall send to Congress at years old. cess of the stimulus bill. It just did not the end of the fiscal year a report containing Carl Lindner was born in Dayton, OH, meet those standards, and I do feel as a complete inventory of the total number of in 1919, the son of a dairyman. He quit though she has been less than rigorous vehicles owned, permanently retired, and high school to help out in his father’s in her understanding of these difficult purchased during fiscal year 2012 as well as dairy store. That store grew into the total cost of the vehicle fleet, including financial issues that our Nation faces. United Dairy Farmers, a chain of dairy maintenance, fuel, storage, purchasing, and and convenience stores that many So I encourage my colleagues to join leasing. me in opposing the nomination. northern Kentuckians frequent to this I yield the floor and suggest the ab- CLOTURE MOTION day to buy their famous ice cream. sence of a quorum. Mr. REID. Mr. President, I have a Mr. Lindner made much of his for- The PRESIDING OFFICER. The cloture motion at the desk. tune in the banking and insurance clerk will call the roll. The PRESIDING OFFICER. The clo- business. His name became famous The legislative clerk proceeded to ture motion having been presented across northern Kentucky and Ohio call the roll. under rule XXII, the Chair directs the and nationwide as the owner of the Mr. REID. Mr. President, I ask unan- clerk to read the motion. Cincinnati Reds from 1999 to 2005, when imous consent that the order for the The legislative clerk read as follows: he also served as that organization’s quorum call be rescinded. CLOTURE MOTION CEO. Carl Lindner also in the past The PRESIDING OFFICER. Without We, the undersigned Senators, in accord- bought and sold Kings Island amuse- objection, it is so ordered. ment park, Provident Bank, and the Mr. REID. Mr. President, I ask unan- ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move Cincinnati Enquirer newspaper. imous consent that at a time to be de- to bring to a close the debate on amendment Always the optimist, Carl was fa- termined by the majority leader, after No. 738 to H.R. 2112, an Act making appro- mous for carrying with him cards that consultation with the Republican lead- priations for Agriculture, Rural Develop- he would hand out to anyone he met, er, the Senate proceed to a series of ment, Food and Drug Administration, and with motivational sayings printed on votes in relation to the following Related Agencies programs for the fiscal them. One frequent version of this card amendments: Vitter No. 769, as modi- year ending September 30, 2012, and for other purposes. would read, ‘‘Only in America! Gee, am fied; Webb No. 750; Merkley No. 879, as I lucky!’’ modified with the changes that are at Harry Reid, Herb Kohl, Daniel Inouye, Sheldon Whitehouse, Jack Reed, Rob- Carl put his great wealth to use bene- the desk; Brown of Ohio No. 874, as ert Menendez, Jeff Bingaman, Barbara fitting his community, bringing thou- modified with the changes that are at Mikulski, Patty Murray, Debbie Stabe- sands of high-paying jobs to Cincinnati the desk; Moran No. 815; and Grassley now, Richard Durbin, Sherrod Brown, and northern Kentucky. He has been No. 860; that there be no amendments Richard Blumenthal, Bernard Sanders, called a ‘‘one-man chamber of com- or points of order against any of the Robert Casey, Jr., Jeff Merkley, Pat- merce.’’ amendments prior to the votes other rick Leahy, Tom Harkin. He also generously gave millions of than budget points of order; that there CLOTURE MOTION dollars a year to various charitable be 2 minutes equally divided in the Mr. REID. Mr. President, I have an- causes, including, but certainly not usual form prior to each vote; that the other cloture motion at the desk. limited to, the Lindner Center of HOPE Vitter, Webb, Merkley, Brown, and The PRESIDING OFFICER. The clo- behavioral health center, the Univer- Grassley amendments be subject to a 60 ture motion having been presented sity of Cincinnati College of Law, the affirmative vote threshold; and that all under rule XXII, the Chair directs the Cincinnati Museum Center at Union after the first vote be 10 minutes; fur- clerk to read the motion. Terminal, the Cincinnati Symphony ther, that the following amendments The legislative clerk read as follows: Orchestra, the Cincinnati Reds, the be considered agreed to this evening: CLOTURE MOTION Western & Southern Open, Fort Wash- Sanders No. 816, Coburn No. 793, and ington Way, the Bond Hill/Roselawn li- Coburn No. 798, as modified with the We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the brary, the West End YMCA, and the changes that are at the desk; finally, Standing Rules of the Senate, hereby move necklace lights on the cables of the that the following first-degree amend- to bring to a close the debate on H.R. 2112, an Roebling Suspension Bridge. ments filed by Senator COBURN be in Act making appropriations for Agriculture, I had the benefit of knowing Carl order to be called up and made pending Rural Development, Food and Drug Adminis- quite well. He was an amazing man, during tomorrow’s session: Nos. 794 tration, and Related Agencies programs for and his loss will be deeply felt by through 797; 799 through 801; and 833. the fiscal year ending September 30, 2012, and many. Elaine and I send our condo- The PRESIDING OFFICER. Without for other purposes. lences to his wife Edyth, his sons Carl Harry Reid, Herb Kohl, Daniel Inouye, objection, it is so ordered. III, Craig, and Keith, his 12 grand- The amendment (No. 816) was agreed Sheldon Whitehouse, Jack Reed, Rob- ert Menendez, Jeff Bingaman, Barbara children and 5 great-grandchildren, and to. many other beloved family members The amendments (Nos. 793 and 798), Mikulski, Patty Murray, Debbie Stabe- now, Richard Durbin, Sherrod Brown, and friends. as modified, were agreed to, as follows: Richard Blumenthal, Bernard Sanders, The passing of Mr. Carl Henry AMENDMENT NO. 793 Robert Casey, Jr., Jeff Merkley, Pat- Lindner Jr. is a true loss for the people (Purpose: To ensure transparency in feder- rick Leahy, Tom Harkin. of northern Kentucky, Ohio, and the ally attended and funded conferences, in- Mr. REID. Mr. President, I ask unan- Nation. I know my Senate colleagues cluding the cost to taxpayers for food, drinks, and hotel stays associated with fed- imous consent that the mandatory join me in remembering and honoring erally funded conferences of more than quorum call under rule XXII be waived Carl for his very American success $20,000) with regard to both cloture motions. story, his service to his community, On page 209, after line 2 insert the fol- The PRESIDING OFFICER. Without and the example he leaves behind for lowing: objection, it is so ordered. others of a full life well lived.

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.094 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6759 Mr. President, the Cincinnati driving the hometown star back to Cinergy which would become its chief operating busi- Enquirer published recently an obit- Field from Lunken Airport in his Rolls- ness. uary for Mr. Carl Lindner. I ask unani- Royce. Throughout the 1970s and 1980s the com- mous consent that said article be But as the Reds’ losses mounted, Lindner pany bought and sold companies in a variety never spoke publicly to fans and privately of industries. Lindner took the company pri- printed in the RECORD. bristled at talk-radio criticism. vate in 1981 and released little financial in- There being no objection, the mate- That period ended in late 2005 when formation to the public, but in 1995 the com- rial was ordered to be printed in the Lindner sold a controlling stake in the Reds pany sold stock to public shareholders under RECORD, as follows: to a group headed by Bob Castellini. the new umbrella of American Financial [From the Cincinnati Enquirer, Oct. 18, 2011] Shy and scornful of reporters, Lindner nev- Group Inc. ertheless became a focus of media attention In 2003, Keith Lindner left American Fi- CARL HENRY LINDNER: 1919–2011 because of his substantial wealth and his far- nancial to concentrate on the family’s chari- BILLIONAIRE INVESTOR, DEAD AT 92, WAS flung business dealings. table pursuits. In 2004 Carl and Craig Lindner CINCINNATI’S BIGGEST BENEFACTOR The controversies included millions of dol- were named co-CEOs of the company while (By Cliff Peale) lars in political contributions as his Chiquita Carl Lindner Jr. remained chairman. From humble beginnings running his fa- Brands International Inc. was waging a trade Lindner was a conservative icon, lobbying ther’s dairy store in Norwood, Carl Henry war with European countries, a bevy of law- against Robert Mapplethorpe’s 1990 exhibit Lindner Jr. grew into a billionaire, a friend suits and federal charges over business deals at the Contemporary Arts Center here and of U.S. presidents and Greater Cincinnati’s that benefited Lindner and his company funding the Cincinnati Hills Christian Acad- most successful entrepreneur. more than other shareholders, and a high- emy. For nearly a century until he died late profile battle with the Enquirer in 1998 over But he was pragmatic as well, contributing Monday at age 92, the former Reds owner a series of critical stories on Chiquita. more than $1 million to Democratic Presi- never shed the fierce competitiveness and Lindner built a national reputation in the dent Bill Clinton during Chiquita Brands’ loyalty that made him a hometown icon. 1980s as a high-risk trader, becoming a busi- battle over European banana quotas. He was His influence ran to every corner of Great- ness partner of symbols of the decade’s ex- well known as one of the biggest givers in er Cincinnati. The high-school dropout cess such as junk-bond king Michael Milken the country to both political parties. bought and sold Kings Island, the Reds, and Cincinnati’s own Charles Keating. THE GOOD LIFE Provident Bank and the Enquirer. His name He was the classic ‘‘value investor,’’ buy- Lindner developed a taste for the good life, is on buildings from the University of Cin- ing properties few other investors wanted including a sprawling home in Indian Hill cinnati’s business school to the tennis center and waiting years, or even decades, to reap and nearly a dozen Rolls-Royce auto- at Lunken Playfield. the benefits. mobiles—with the trademark ‘‘CHL’’ license But it was the banking and insurance busi- That gave him a portfolio including the old plate—that he drove himself well into his ness that made him a billionaire. At his Penn Central railroad, Circle K convenience 80s. death, his American Financial Group Inc. stores and New York City landmark Grand He also owned a home in the exclusive controlled assets of nearly $32 billion and he Central Station. Ocean Reef community of North Key Largo, was routinely listed as one of the richest But Lindner spent the two decades before Fla. There, he entertained lavishly, includ- men in America. his death shedding assets that didn’t deal ing hosting former President George Bush in Ever the optimist, Lindner often carried an with insurance and transferring others to his the early 1990s. inch-thick stack of cards with motivational three sons. That left American Financial as Lindner traveled around the country in his sayings—one was ‘‘Only in America! Gee, am mostly an insurance and financial services own private jet. He dined often at exclusive I lucky!’’—that he handed out to anyone he company. restaurants like the Maisonette or the Wa- would meet. He lost his stake in Chiquita in 2002 when terfront—where he was an investor —and He was a teetotaler, physically unimposing that company emerged from Chapter 11 also became a regular at Trio in Kenwood. yet with a prominent shock of white hair bankruptcy. In 2004, Lindner, his family and Lindner received nearly every award Cin- and a penchant for wearing flashy neckties. American Financial reaped nearly $1 billion cinnati has to offer, including induction into Even to his closest friends and colleagues, in stock when they sold Cincinnati’s Provi- Junior Achievement’s Greater Cincinnati he was soft-spoken and rarely dent Financial Group Inc. to Cleveland-based Business Hall of Fame in 1992 and the Great confrontational. Yet some business partners National City Corp. Living Cincinnatian award in 1994. complained about unfair treatment and he The moves consolidated the business He was also on the board of directors of flashed a harsh temper when confronting re- around safer insurance businesses. Lindner Citizens for Decency through Law, an anti- porters who wrote what he perceived as un- also transferred tens of millions of dollars to pornography group headed by American Fi- friendly stories or criticism of his business his three sons and their families, solidifying nancial co-founder and one-time Executive dealings. for generations a wealth that he never en- Vice President Charles Keating. A devout Baptist and a longtime member joyed growing up. Among numerous awards and honors of Kenwood Baptist Church, Lindner used his STARTING FROM SCRATCH throughout his career, Lindner was named wealth and influence behind the scenes to be- Born April 22, 1919, in Dayton, Ohio, Carl Man of the Year of the United Jewish Appeal come Greater Cincinnati’s largest benefactor Henry Lindner Jr. was the firstborn of a in 1978 and received the Friars Club Centen- and economic development force. At the modest dairyman and his wife, Clara. nial Award in 1985. He was awarded an hon- height of his personal giving he contributed Lindner quit high school to help in his fa- orary doctorate by UC in 1985 and by Xavier millions of dollars a year to charitable ther’s Norwood dairy store. Along with his University in 1991. causes, and brought thousands of high-pay- father, he and his brothers Robert and Rich- SERVICES NOT SCHEDULED YET ing jobs to downtown Cincinnati. ard, and sister Dorothy, built it into United His companies brought thousands of em- Lindner’s family has not yet scheduled me- Dairy Farmers, a chain of dairy and conven- ployees to the region, and the annual Christ- morial or funeral services. ience stores. mas party that he threw at Music Hall at- American Financial Group, where Lindner When the family founded what now is UDF tracted some of the nation’s biggest acts, in- was chairman, said Tuesday that the family on Montgomery Road in Norwood in 1940, the cluding Bill Cosby and Frank Sinatra. had requested memorial gifts be made to first day’s sales amounted to $8.28. Kenwood Baptist Church. CONSIDERED HIMSELF OUTSIDER Lindner often talked about the modest sur- Lindner is survived by wife Edyth, sons At the same time, Lindner thought of him- roundings of his childhood, noting more than Carl III, Craig and Keith, 12 grandchildren self as an outsider, building his business ca- once that he picked up dates in an ice-cream and five great-grandchildren. reer outside of Cincinnati’s old-money elite. truck. He was never a member of many of the most Robert Lindner’s family eventually took f exclusive business and country clubs and his control of UDF, and Richard Lindner became TRIBUTE TO DR. JULIA LINK bar-the-doors business style, starting with a sole owner of the Thriftway supermarket ROBERTS hostile takeover of Provident Bank in the chain before selling it to Winn-Dixie Stores. mid-1960s, was out of place in always polite Lindner married the former Ruth Mr. MCCONNELL. Mr. President, I Cincinnati. Wiggeringloh of Norwood in 1942. They di- rise today to recognize a fine Ken- Perhaps the most public role of his career vorced seven years later with no children. He tuckian and an outstanding educator, was his ownership of the Cincinnati Reds then married the former Edyth Bailey in my friend Dr. Julia Link Roberts. Dr. from 1999 to 2005. Lindner owned a minority 1951, and they have three sons who all went Roberts is the Mahurin Professor of stake both before and after that period but into the family business: Carl III, Craig and Gifted Studies at Western Kentucky was the Reds’ CEO for six seasons, and each Keith. University and the executive director of those years the team lost more games Lindner cautiously entered the savings- than it won. and-loan and insurance business, founding of the Center for Gifted Studies, a lead- He approved the trade for Ken Griffey Jr. his flagship company American Financial ing Kentucky institution devoted to in 2000, even sending his private jet to bring Corp. in 1959. In the early 1970s the company providing opportunities to gifted stu- Griffey to Cincinnati and then personally gained control of Great American Insurance, dents for over 30 years.

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.071 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6760 CONGRESSIONAL RECORD — SENATE October 19, 2011 Dr. Roberts’s stature in her field was history at Jefferson Community and Tech- and clause 2 of rule XI of the Rules of the recognized recently when she was pre- nical College, was also honored. House of Representatives for the 112th Con- sented with the Acorn Award by the Recipients of the Acorn Award are chosen gress, and do not conflict with the applicable provisions of the Budget Control Act, shall Kentucky Council on Postsecondary based on faculty and student recommenda- tions, as well as self-written essays about govern the proceedings of the Joint Select Education. She is the only professor their teaching philosophy, Patrick said. Committee. this year from a 4-year institution to In his letter of recommendation for Rob- 3. If a measure or matter is publicly avail- be so honored. erts, WKU President Gary Ransdell called able in electronic form on the website main- Dr. Roberts has been recognized for her ‘‘the model of an outstanding faculty tained by the Joint Select Committee, it her excellence before. In 2001, she re- member’’ and ‘‘a true champion for edu- shall be considered to have been available to ceived the very first David W. Belin cation, from elementary students to profes- members of the Joint Select Committee for sional educators.’’ purposes of these rules. Advocacy Award from the National As- 4. In each case where authority is granted Roberts started WKU’s Center for Gifted sociation for Gifted Children. She was to the Co-Chairs of the joint Select Com- Studies more than 30 years ago, where she is named as one of the 55 most influential mittee, such authority may only be exer- executive director and has helped genera- cised jointly by the Co-Chairs. people in the field of gifted education tions of gifted students and their families, by Profiles of Influence in Gifted Edu- Ransdell said in his letter. RULE II—MEETINGS AND HEARINGS cation in 2004. She was also one of the driving forces be- MEETINGS In addition to her work at WKU and hind creating the Carol Martin Gatton Acad- 1. The joint Select Committee shall regu- with the Center for Gifted Studies, Dr. emy of Mathematics and Science in Ken- larly meet for the transaction of business at Roberts was the driving force behind tucky, a program at WKU that allows high- times and dates determined jointly by the school students to spend their junior and Co-Chairs. the creation of the Carol Martin 2. (a) The Co-Chairs shall provide an agen- Gatton Academy of Mathematics and senior years taking classes at WKU. The awards were presented during the 23rd da to the Joint Select Committee members Science in Kentucky, an outstanding annual Governor’s Conference on Postsec- not less than 48 hours in advance of any such school that provides the opportunity ondary Education Trusteeship, which took meeting. for gifted students from across the place Sept. 23 in Lexington and was spon- (b) The Co-Chairs shall make the text of any measure or matter described in a meet- State to spend their junior and senior sored by the CPE and Kentucky’s colleges ing agenda available to the members of the and universities. years at WKU taking college-level joint Select Committee not less than 24 ‘‘This is always the highlight of our con- courses. Newsweek magazine recently hours in. advance of any such meeting, ex- ference,’’ Patrick said. named the Gatton Academy one of cept that no vote on such measure or matter America’s top five high schools. The conference is a great place to showcase shall occur in violation of section 401(b)(5)(D) Thousands of Kentucky’s brightest, faculty excellence because trustees from all of the Budget Control Act of 2011. state universities are together in one place, HEARINGS most promising students have come she said. closer to realizing their full potential Roberts and Cooper each received $5,000 3. (a) Consistent with section thanks to the guidance and direction of and a plaque, she said. 401(b)(5)(1)(ii)(I) of the Budget Control Act of Dr. Roberts. I have had the pleasure of ‘‘Our faculty members are the heart of 2011, the Co-Chairs shall make a public an- meeting many of them and can truly each of our colleges and universities,’’ CPE nouncement of the date, place, time, and subject matter of any hearing not less than say they are among the finest Ken- President Bob King said in a news release. ‘‘Recognizing excellence among so many tal- seven days in advance of such hearing, unless tucky has to offer. the Co-Chairs jointly determine that there is ented and dedicated teachers and scholars is I want to offer her my sincerest con- good cause to begin such hearing at an ear- a difficult, but rewarding task. We are enor- gratulations on the well-deserved lier date. mously grateful to Professor Cooper and Dr. (b) Each witness appearing before the Joint honor of winning the Acorn Award. It Roberts for their contributions to so many is only the most recent affirmation of Select Committee shall file a written state- students across the commonwealth.’’ ment of testimony at least two calendar the great contribution she has made to Roberts said in an email that she was days before the appearance of the witness. the Commonwealth, her students, and ‘‘both thrilled and humbled’’ to be recog- (c) The Co-Chairs shall each control up to the field of education. I am sure her nized for her excellence in teaching, scholar- 15 minutes each for the opening statements husband, Dr. Richard Roberts, and ship and service. of Members of the Joint Committee at each their children and grandchildren and ‘‘I am proud to have a positive impact on hearing. extended family are very proud of her young people who participate in various pro- VOTING AND QUORUMS grams offered by the Center for Gifted Stud- and all she has achieved. 4. Seven members of the Joint Select Com- ies,’’ she said. ‘‘I am very happy to work mittee shall constitute a quorum for pur- The Bowling Green Daily News re- with teachers as my graduate students and cently published an article recognizing poses of voting, meeting, and holding hear- to write articles and books that encourage ings. Dr. Julia L. Roberts’s remarkable ca- educators to remove the learning ceiling for 5. The Co-Chairs shall conduct a record reer in education and her most recent children and young people who are ready to vote on any motion, amendment, measure, achievement in winning the Acorn learn at advanced levels.’’ or matter upon the request of any member of Award. I ask unanimous consent that f the Joint Select Committee. the full article be printed in the 6. The Co-Chairs may jointly agree to set a RULES OF THE JOINT SELECT series of votes on any amendment or agree- RECORD. ing to a measure or matter, or postpone a re- There being no objection, the mate- COMMITTEE AND DEFICIT RE- DUCTION quested record vote on such amendment, rial was ordered to be printed in the measure or matter, to occur at a time cer- RECORD, as follows: Mrs. MURRAY. Mr. President, I ask tain. Reasonable notice shall be given to [From the Bowling Green Daily News, Oct. 8, unanimous consent that the Rules of members prior to resuming proceedings on 2011] the Joint Committee on Deficit Reduc- any postponed question. WKU’S ROBERTS HONORED WITH ACORN tion be printed in the RECORD. 7. The Joint Committee may not vote on any final report, final recommendations, or a AWARD There being no objection, the mate- final bill unless the Congressional Budget Of- (By Laurel Wilson) rial was ordered to be printed in the fice estimates are available for consideration A Western Kentucky University professor RECORD, as follows: by all members of the Joint Committee at recently was one of two Kentucky faculty RULES OF THE JOINT COMMITTEE ON least 48 hours prior to the vote. members to be honored with an Acorn Award DEFICIT REDUCTION 8. No proxy voting shall be allowed on be- this year. half of the members of the Joint Select Com- RULE I—IN GENERAL Julia Link Roberts, Mahurin Professor of mittee. 1. The provisions of the Budget Control Act Gifted Studies at WKU, was recognized as an RULE III—STAFFING AND RECORDS outstanding professor at a four-year institu- of 2011 (P.L. 112–25) governing the pro- STAFF tion in the state. ceedings of the Joint Select Committee on The Kentucky Council on Postsecondary Deficit Reduction are hereby incorporated by 1. The staff of the Joint Select Committee Education has given out Acorn Awards since reference and nothing herein shall be con- shall be appointed as provided in sections 1992, said Sue Patrick, communications di- strued as superseding any provision of that 401(b)(4)(c)(ii) and 401(c) of the Budget Con- rector for the CPE. Each year, a faculty Act. trol Act of 2011. member is recognized from a four-year insti- 2. The rules of the Senate and the House of RECORDS tution and a two-year institution. Representatives, to the extent that they are 2. The Joint Select Committee shall main- In addition to Roberts, David Cooper, a applicable to committees, including rule tain a complete record of all committee ac- professor of English and African-American XXVI of the Standing Rules of the Senate tion, including—

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.013 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6761 (a) in the case of a hearing or meeting (a) provide audio and video coverage of company’s 40th anniversary and offer transcript, a substantially verbatim account each hearing or meeting for the transaction my best wishes for their continued suc- of remarks actually made during the pro- of business in a manner that allows the pub- cess.∑ ceedings, subject only to technical, gram- lic to easily listen to and view the pro- matical, and typographical corrections au- ceedings; and f thorized by the person making the remarks (b) maintain the recordings of such cov- TRIBUTE TO OREM MAYOR JERRY involved; and erage in a manner that is easily accessible to C. WASHBURN (b) the result of each record vote taken by the public. the Joint Select Committee, including a de- ∑ Mr. HATCH. Mr. President, today I f scription of the amendment, motion, order, wish to speak about the passing last or other proposition, the name of each mem- ADDITIONAL STATEMENTS month of Orem Mayor Jerry C. ber voting for and voting against such Washburn, one of Utah’s finest public amendment, motion, order, or other propo- servants and a man who was beloved by sition, and the names of the members of the MAINE WOOD CONCEPTS those who had the pleasure of knowing Joint Select Committee present but not vot- ∑ ing. Ms SNOWE. Mr. President, with and serving with him. 3. Upon the termination of the Joint Select nearly 17.7 million acres of forest, my Mayor Washburn passed away Sep- Committee, the records of the Joint Select home State of Maine has the key dis- tember 26, 2011, after a long and coura- Committee shall be treated as Senate tinction of being the most heavily for- geous battle with cancer. Of Utah’s records under S. Res, 474, 96th Congress as di- ested State in this great country. Trees many great public servants, it is dif- rected by the Secretary of the Senate. from these plentiful forests are con- ficult to find one finer than Jerry. His RULE IV—CONTENT OF REPORT verted into some of the finest hard- legacy of compassionate care and serv- In the report required under section wood flooring and custom wood prod- ice to others will endure forever in the 401(b)(3)(B)(i) of the Budget Control Act of ucts in the world. Today I wish to rec- 2011, the Joint Select Committee shall in- heads and hearts of his family, friends, clude— ognize Maine Wood Concepts, a small and many constituents and admirers. (a) with respect to each record vote on a business that utilizes Maine’s bountiful Jerry Washburn lived in his city of motion to report the Joint Select Commit- resources to create quality wooden Orem for over half a century and tee’s recommendations or accompanying leg- products and which recently celebrated served as its mayor for 11 years. He was islative language, and on any amendment of- its 40th anniversary. elected to four terms and was the long- fered to the recommendations or language, Maine Wood Concepts, located in the est serving mayor in Orem’s history. the total number of votes cast for and western Maine town of New Vineyard, The reason for his political success is against, and the names of members voting for and against; specializes in turning, finishing, and the same as it was for his success in all (b) an estimate by the Congressional Budg- manufacturing a variety of custom his endeavors. He was unfailingly kind et Office of the budgetary effects of the legis- wood products, all designed to the and friendly to everyone he met, and lation (in the same manner as the estimate highest standards. With an outstanding he had a wonderful ability to put peo- required by section 401(b)(5)(D)(ii) of the array of products including folding ple at ease. He listened respectfully to Budget Control Act of 2011); and rules, file cleaners, drumsticks, pepper all opinions and appreciated a thought- (c) a statement on the deficit reduction mills, industrial pieces, file handles, achieved by the legislation over the period of ful exchange of ideas. Mayor Washburn fiscal years 2012 to 2021 (in the manner as re- and even wooden nickels, this small also was a natural leader, and he was quired by section 401(b)(3)(B)(i)(II) of the business certainly lives up to its motto highly respected by national, State, Budget Control Act of 2011); and of ‘‘turning wood into what you need.’’ and local officials. He had an excellent (d) a statement by the Joint Select Com- As one of the last wood turning compa- relationship with the Orem City Coun- mittee on the possible effects of the legisla- nies in the country, the firm’s endur- cil and city staff. tion on economic growth, employment, and ance can be attributed to its elite During his time in office, Mayor United States competitiveness, if prac- craftsmanship and superior quality Washburn presided over Orem with a ticable; and (e) the text of any statute or part thereof products. steady hand and a gentle touch. He that is proposed to be repealed and a com- Forty years ago Wayne Fletcher and continually worked to build others and parative print of any part of the legislative Earl E. Fletcher purchased the pre- to strengthen the community by sup- language proposing to amend a statute and viously closed Percy Webber Wood porting a diverse array of projects and of the statute or part thereof proposed to be Turning Mill and opened the Maine programs. His focus as mayor was pre- amended, showing by appropriate typo- Wood Turning Mill. Now run by the serving and enhancing the quality of graphical devices the omissions and inser- second generation of the Fletcher fam- life in Orem. In this endeavor, he tions proposed. ily and known as Maine Wood Con- helped keep Orem as one of the safest RULE V—PUBLIC ACCESS AND TRANSPARENCY cepts, this small business has expanded cities in America and ensured that it 1. (a) The Joint Select Committee shall es- to include Maine Wood Turning, Amer- tablish and maintain a publicly available remained ‘‘Family City USA.’’ Mayor website, and shall make its publications ican Pride Company, and the Lutz File Washburn also worked hard to support available in electronic form thereon. Such and Tool Company. From humble be- Orem’s many businesses and a strong publications will include final Committee ginnings of producing wooden toy parts economic base. transcripts and hearing materials as avail- and simple wood products, the firm But Jerry Washburn’s service and in- able. now employs approximately 80 individ- fluence were not limited to Orem. He (b) Not later than 24 hours after the adop- uals and makes several complex wood- enjoyed his association with other tion of any amendment to the report or leg- en products. leaders and organizations. He served as islative language, the Co-Chairs shall make the text of each such amendment publicly Maine Wood Concepts also seeks to chairman of the Utah County Trans- available in electronic form on the Joint Se- ensure that Maine’s abundant forest is portation Planning Organization and lect Committee’s website. cared for through responsible produc- as chairman of the Utah County Board (c) Not later than 48 hours after a record tion and consumption of forest prod- of Health. The mayor also was a found- vote is completed, the information described ucts. As a certified member of the For- ing board member of the Utah Lake in clause 2(b) of rule III shall be made pub- est Stewardship Council, Maine Wood Commission, served as president of the licly available in electronic form on the Concepts has met strict standards for Orem Chamber of Commerce, and was a Joint Select Committee’s website. 2. Each hearing and meeting of the Joint promoting forest conservation through founding member of the Commission Select Committee shall be open to the public its chain of product distribution. for Economic Development in Orem. He and the media unless the Joint Select Com- Over the past 40 years, Maine Woods was also a successful businessman, mittee, in open session and a quorum being Concepts has continually expanded and owning a car dealership in Orem and present, determines by majority vote that created quality jobs for Maine resi- serving on the regional board of a Utah such hearing or meeting shall be held in dents. Their ingenuity and growth bank and as director of a local credit closed session. No vote on the recommenda- throughout the years is a tribute to the union. He was accomplished both po- tions, report or legislative language of the strong work ethic found in every cor- Joint Select Committee, or amendment litically and professionally. thereto, may be taken in closed session. ner of Maine. I am proud to extend my Jerry Washburn’s motive for serving 3. To the maximum extent practicable, the congratulations to everyone at Maine was simple. He wanted to help others Joint Select Committee shall— Wood Concepts on the occasion of the and the community and State that he

VerDate Mar 15 2010 05:44 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.031 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6762 CONGRESSIONAL RECORD — SENATE October 19, 2011 so dearly loved. His credo was: ‘‘If not Hospital,’’ but the Grey Nuns wel- for the Ethical Treatment of Animals, me, who? If not now, when?’’ He never comed all. It was the first hospital in Farm Animal Rights Movement, and sought rewards or recognition, but his the twin cities of Lewiston-Auburn and FBI-designated terrorist groups, in- service was so stellar that it did not go the first Catholic hospital in Maine. cluding the Animal Liberation Front. unrecognized. In fact, he received the Fees for care in the hard-working mill These groups push radical environ- Boy Scouts Silver Beaver Award, the community were low and were often mental, animal rights, and vegan posi- Arthur V. Watkins Outstanding Citizen paid in loaves of bread, bolts of cloth, tions and lifestyles that have very lit- Award, and the Brigham Young Univer- or bushels of apples, which the sisters tle to do with either science or public sity Emeriti Alumni Award. gladly accepted. interest. Jerry Washburn was also an active A major expansion of the hospital in The USDA and FDA should not align member of the Church and Jesus Christ 1902 gave Lewiston the two magnificent themselves with fringe groups who of Latter-day Saints. Demonstrating domes that grace the city’s skyline. In push ideology over science. I commend his faith and commitment to God, he 1910, the name was changed to St. Ann for her research and wise judg- served his fellow church members— Mary’s General Hospital. The growth of ment in exposing special interest without financial remuneration—in a the hospital was well underway, with masquerading as public interest. variety of leadership positions. His was the latest medical innovations and a The material follows. a life based on an abiding love of his bilingual School of Nursing. FOOD DAY INCLUDES GRAVY family, his church, and his fellow man. Today, St. Mary’s Health System in- (By Ann Wittmann, Executive Director, Perhaps that is why in the political cludes a 233-bed acute care facility; a Wyoming Beef Council) arena—known more for discord than strong physician network, an inde- When I started working at the Wyoming harmony—Jerry Washburn had few, if pendent living center, and occupa- Beef Council more than a decade ago, I had fewer gray hairs, fewer wrinkles and enthu- any, enemies and so many friends. He tional health services that reach out to siasm that might have been referred to as ef- loved and respected people, and they businesses throughout the region. St. fervescent. My ideals were grand, my trust loved and respected him in return. Mary’s D’Youville Pavilion is one of was large and I had great faith in the public In one of his last discussions with the largest nursing homes in New Eng- to seek and gravitate toward the truth. trusted colleague and confidant, Orem land and a national model for elder Don’t get me wrong, my enthusiasm has not City Manager Bruce Chesnut, Mayor care. waned, anyone who works with me or in the Washburn said, ‘‘No matter what hap- On October 24, St. Mary’s General continental vicinity of me knows that I am Hospital will honor the Sisters of Char- passionate about my work, but the direction pens, I’m ready.’’ Well, Mr. Mayor, the and means of expressing my enthusiasm has City of Orem, the State of Utah, and ity, past and present, for more than 130 become more focused over the years. It’s be- the Nation were not ready to see you years of healing for the body and the come less like an exploding soda pop and go. soul. I rise today to join in that trib- more like simmering gravy. Our thoughts and prayers at this ute. Through the tender care and will- Several weeks ago I read with great inter- time are with his cherished family, in- ing sacrifice of the Grey Nuns, the est an invitation to work with an organiza- cluding his wife, Betty, his 6 children words of St. Marguerite d’Youville, tion called Center for Science in the Public Interest (CSPI) to participate in and facili- and 19 grandchildren. ‘‘We shall continue to love and to tate ‘‘Food Day’’ activities throughout Wyo- Mayor Jerry Washburn will be great- serve,’’ still resonate today.∑ ming. The invite billed ‘‘Food Day’’ as a na- ly missed, but his legacy will live on f tional event on Oct. 24, 2011 to ‘‘encourage through his wife, children, grand- people around the country to sponsor or par- children, beloved community, and in FOOD DAY ticipate in activities that encourage Ameri- the countless lives he has blessed and ∑ Mr. BARRASSO. Mr. President, cans to ‘eat real’ and support healthy, af- touched during his remarkable serv- today I wish to submit for the RECORD fordable food grown in a sustainable, humane ∑ an article written by Ann Wittman, ex- way.’’ ice. Had I received that offer 10 years ago, I f ecutive director of the Wyoming Beef would have been shocked to discover the true Council and published October 8, 2011, TRIBUTE TO SISTERS OF CHARITY message and motive behind the effort. After in the Wyoming Livestock Journal. all, the event was created by the Center for ∑ Ms. COLLINS. Mr. President, in 1737, The article’s title is ‘‘Food Day In- Science in the Public Interest, and who Marguerite D’Youville, a young widow cludes Gravy.’’ among us doesn’t believe that science should and mother of three, founded the Sister As Ann correctly points out, Monday, be in the public interest? My older, wiser of Charity in Quebec, Canada. Despite October 24, 2011, is being billed as Food simmering brain prevailed, however, and her own misfortune and poverty, she Day with events planned across the Na- held back enthusiasm pending further inves- tigation. devoted her life to caring for those less tion. Here in Washington, DC, the Na- Research into the event listed partner or- fortunate—the poor, the sick, and the tional Archives will be hosting a Food ganizations as Physicians Committee for Re- orphaned. Day open house in conjunction with sponsible Medicine, Farm Animal Rights Since that time, the Grey Nuns, as their ‘‘What’s Cooking, Uncle Sam?’’ Movement and the notorious Humane Soci- the sisters are known, have expanded exhibit. Of note, the open house is ety of the United States. Similar to the CSPI their work of compassion throughout being supported by the U.S. Depart- group, these organizations have feel-good Canada, the United States, South ment of Agriculture and U.S. Food and names that serve to mislead the public. Most of us are aware that the Humane Society of America, and the Caribbean with Drug Administration along with the the United States (HSUS) is a national non- schools, hospitals, and orphanages. St. primary Food Day sponsor, the Center profit organization with a $200 million budg- Marguerite D’Youville, whom Pope for Science in the Public Interest. et raised under the guise of funding pet shel- John XXIII called the ‘‘Mother of Uni- It is the Center for Science in the ters, but that spends all but one percent of versal Charity,’’ was canonized in 1990, Public Interest’s agenda Ann calls into that budget on efforts to eliminate animal the first native-born Canadian saint. question. As she writes, the group’s agriculture. The other two groups, Physi- My home State has been blessed by goal is to ‘‘encourage people around cians Committee for Responsible Medicine the works of St. Marguerite and her the country to sponsor or participate (PCRM) and Farm Animals Rights Move- ment (FARM) may not be as familiar. PCRM, followers. On November 20, 1878, three in activities that encourage Americans in spite of its name, has a very small number Grey Nuns stepped off a train in Lewis- to ‘eat real’ and support healthy, af- of physicians as members and has direct ties ton, ME, equipped with little more fordable food grown in a sustainable, to PETA, as well as several FBI-designated than caring hearts and determination. humane way.’’ terrorist groups including Animal Liberation Within 2 weeks, they opened the first The question must be asked, who is Front (ALF) and Stop Huntingdon Animal bilingual school in that largely Franco- defining what is or what is not sustain- Cruelty (SHAC). FARM is a national non- American city, with 200 children arriv- able, healthy, and humane? In the arti- profit organization promoting a vegan life- ing for the first day of class. Within 6 cle she points out behind the innocent style through public education and grass- name of the ‘‘Center for Science in the roots activism to end the use of animals for months, they opened an orphanage. food. The Hospital of the Sisters of Charity Public Interest’’ are groups with very As cautious as I am about jumping to con- they founded was often referred to as extreme positions such as the Humane clusions, less than 60 seconds into my re- the ‘‘Sisters’ Hospital’’ or the ‘‘French Society of the United States, People search I began to think ‘‘Food Day’’ was not

VerDate Mar 15 2010 05:44 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.034 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6763 a beef-friendly event! Sadly, other organiza- REPORT ON THE CONTINUATION of the President of the Senate on October 18, tions that have been, and often continue to OF THE NATIONAL EMERGENCY 2011; to the Committee on Agriculture, Nu- be, beef-friendly did not come to the same THAT WAS DECLARED WITH RE- trition, and Forestry. conclusion. Specifically, the American Die- SPECT TO SIGNIFICANT NAR- EC–3634. A communication from the Chair- tetic Association, the American Culinary man, Defense Nuclear Facilities Safety Federation and the National Association of COTICS TRAFFICKERS CENTERED Board, transmitting, the Board’s Quarterly City and County Health Officials signed on IN COLOMBIA—PM 29 Report to Congress on the Status of Signifi- as partners to this campaign. The PRESIDING OFFICER laid be- cant Unresolved Issues with the Department The five central goals of CSPI Food Day of Energy’s Design and Construction are: reduce diet-related disease by promoting fore the Senate the following message from the President of the United Projects; to the Committee on Armed Serv- safe, healthy foods; support sustainable ices. farms and limit subsidies to big agribusiness; States, together with an accompanying EC–3635. A communication from the Assist- expand access to food and alleviate hunger; report; which was referred to the Com- ant Secretary for Legislative Affairs, De- protect the environment and animals by re- mittee on Banking, Housing, and partment of State, transmitting, pursuant to forming factory farms; promote health by Urban Affairs: law, a report entitled ‘‘Iran-Related Multi- curbing junk-food marketing to kids; and lateral Sanction Regime Efforts’’; to the support fair conditions for food and farm To the Congress of the United States: Committee on Armed Services. workers. This campaign recommends a near- Section 202(d) of the National Emer- EC–3636. A communication from the Assist- ly-vegetarian diet to meet these goals. gencies Act, 50 U.S.C. 1622(d), provides ant General Counsel, General Law, Ethics, The fourth goal of protecting the environ- for the automatic termination of a na- and Regulation, Department of the Treasury, ment and animals by reforming factory farms continues to bring up false claims, tional emergency unless, prior to the transmitting, pursuant to law, (6) reports such as the fat content of grain-finished beef anniversary date of its declaration, the relative to vacancies within the Department or the greenhouse gas emissions from cattle. President publishes in the Federal Reg- of the Treasury, received in the Office of the This alone is enough to make a simmering ister and transmits to the Congress a President of the Senate on October 13, 2011; brain steam up and boil over. However, one notice stating that the emergency is to to the Committee on Banking, Housing, and Urban Affairs. of the most valuable lessons I have learned continue in effect beyond the anniver- in my conversion from carbonation to stove EC–3637. A communication from the Sec- sary date. In accordance with this pro- retary of the Treasury, transmitting, pursu- top is to ensure that actions and reactions vision, I have sent to the Federal Reg- don’t provide unintended publicity to the ant to law, a six-month periodic report on event or issue. After all, do these folks really ister for publication the enclosed notice the national emergency with respect to need help giving their events more atten- stating that the emergency declared blocking the property of certain persons con- tion? Careful behind-the-scenes work is most with respect to significant narcotics tributing to the conflict in Somalia that was often the best way to navigate these waters. traffickers centered in Colombia is to declared in Executive Order 13536 of April 12, Two Wyoming events were posted on the continue in effect beyond October 21, 2010; to the Committee on Banking, Housing, CSPI Food Day website. The first was a and Urban Affairs. 2011. EC–3638. A communication from the Sec- mailing to Women, Infants and Children The circumstances that led to the (WIC) clinics throughout the state. After dis- retary of the Treasury, transmitting, pursu- cussing my concerns with a long-time beef- declaration on October 21, 1995, of a na- ant to law, a six-month periodic report on friendly contact at Wyoming WIC, she and I tional emergency have not been re- the national emergency with respect to Iran decided that sending out checkoff-funded in- solved. The actions of significant nar- that was declared in Executive Order 12170 formation detailing the true story of beef cotics traffickers centered in Colombia on November 14, 1979; to the Committee on production was in order. This effort is cur- continue to pose an unusual and ex- Banking, Housing, and Urban Affairs. rently underway. Second, the University of traordinary threat to the national se- f Wyoming posted plans to host their own curity, foreign policy, and economy of version of Food Days on Oct. 24–26 to in- REPORTS OF COMMITTEES cludes a food drive and resource fair along the United States and cause an ex- with a harvest dinner made with locally treme level of violence, corruption, and The following reports of committees sourced foods. UW Food Days will wrap up on harm in the United States and abroad. were submitted: Oct. 26 with a day of trayless dining and For these reasons, I have determined By Mr. LIEBERMAN, from the Committee cooking demonstrations showcasing local that it is necessary to maintain eco- on Homeland Security and Governmental Af- foods. Wyoming Collegiate CattleWomen and nomic pressure on significant narcotics fairs, without amendment: other university contacts have been alerted traffickers centered in Colombia by H.R. 1843. A bill to designate the facility of and asked to ensure the events are balanced blocking their property and interests the United States Postal Service located at and the truth about beef production is also 489 Army Drive in Barrigada, Guam, as the available. in property that are in the United ‘‘John Pangelinan Gerber Post Office Build- Nationally, proactive checkoff-funded pro- States or within the possession or con- ing’’. grams such as panel discussions and national trol of United States persons and by H.R. 1975. A bill to designate the facility of town hall conversations about America’s depriving them of access to the U.S. the United States Postal Service located at food system are taking place, seeding the en- market and financial system. 281 East Colorado Boulevard in Pasadena, vironment with positive messages about ag- California, as the ‘‘First Lieutenant Oliver riculture. Additionally, national beef check- BARACK OBAMA. THE WHITE HOUSE, October 19, 2011. Goodall Post Office Building’’. off staff has been meeting with several of the H.R. 2062. A bill to designate the facility of afore-mentioned beef-friendly organizations f the United States Postal Service located at and advisory board members to try and edu- EXECUTIVE AND OTHER 45 Meetinghouse Lane in Sagamore Beach, cate them about the beef industry and under- COMMUNICATIONS Massachusetts, as the ‘‘Matthew A. Pucino stand why they are supporting this cam- Post Office’’. paign. State beef councils across the country The following communications were H.R. 2149. A bill to designate the facility of are meeting with state/local chapters of the laid before the Senate, together with the United States Postal Service located at organizations on the advisory board for Food accompanying papers, reports, and doc- 4354 Pahoa Avenue in Honolulu, Hawaii, as Day, as well explaining that, while on the uments, and were referred as indicated: the ‘‘Cecil L. Heftel Post Office Building’’. surface Food Day appears to be an initiative S. 1412. A bill to designate the facility of to promote healthy foods versus fast-food EC–3632. A communication from the Asso- ciate General Counsel, Office of the General the United States Postal Service located at and junk-food, it is actually a cleverly dis- 462 Washington Street, Woburn Massachu- guised event by groups opposed to modern Counsel, Department of Agriculture, trans- setts, as the ‘‘Officer John Maguire Post Of- food production practices. mitting, pursuant to law, (3) three reports fice’’. Ultimately, I believe the true story of beef relative to vacancies in the Department of production and the opportunity to share the Agriculture received in the Office of the f reality of the wholesomeness of our product President of the Senate on October 17, 2011; and production methods are enthusiasm wor- to the Committee on Agriculture, Nutrition, EXECUTIVE REPORTS OF thy and the checkoff will continue to roll and Forestry. COMMITTEES EC–3633. A communication from the Direc- along, working proactively, reactively and The following executive reports of frequently behind the scenes, like a savory tor of the Regulatory Management Division, gravy on the back burner, to tell the positive Environmental Protection Agency, transmit- nominations were submitted: story about our product. ting, pursuant to law, the report of a rule en- By Mr. HARKIN for the Committee on For more information about the beef titled ‘‘Bacteriophage of Clavibacter Health, Education, Labor, and Pensions. checkoff program visit mybeefcheckoff.com, michiganensis subspecies michiganensis; Ex- *Laura A. Cordero, of the District of Co- wybeef.com or contact me at emption from the Requirement of a Toler- lumbia, to be a Member of the Board of [email protected].∑ ance’’ (FRL No. 8891–3) received in the Office Trustees of the Harry S Truman Scholarship

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.028 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6764 CONGRESSIONAL RECORD — SENATE October 19, 2011 Foundation for a term expiring December 15, S. 1738. A bill to rescind the 3.8 percent tax (Mr. CORKER) was added as a cosponsor 2015. on the investment income of the American of S. 431, a bill to require the Secretary *Claude M. Steele, of New York, to be a people and to promote job creation and small of the Treasury to mint coins in com- Member of the National Science Board, Na- businesses; to the Committee on Finance. memoration of the 225th anniversary of tional Science Foundation, for a term expir- By Mr. FRANKEN (for himself and Ms. the establishment of the Nation’s first ing May 10, 2014. KLOBUCHAR): *Anneila I. Sargent, of California, to be a S. 1739. A bill to provide for the use and Federal law enforcement agency, the Member of the National Science Board, Na- distribution of judgment funds awarded to United States Marshals Service. tional Science Foundation, for a term expir- the Minnesota Chippewa Tribe by the United S. 720 ing May 10, 2016. States Court of Federal Claims in Docket At the request of Mr. THUNE, the By Mr. LIEBERMAN for the Committee on Numbers 19 and 188, and for other purposes; name of the Senator from Indiana (Mr. Homeland Security and Governmental Af- to the Committee on Indian Affairs. LUGAR) was added as a cosponsor of S. fairs. By Mr. CARDIN (for himself, Ms. MI- 720, a bill to repeal the CLASS pro- *Catharine Friend Easterly, of the District KULSKI, Mr. WARNER, Mr. WEBB, Mr. gram. of Columbia, to be an Associate Judge of the CARPER, and Mr. COONS): District of Columbia Court of Appeals for the S. 1740. A bill to amend the Chesapeake S. 968 term of fifteen years. Bay Initiative Act of 1998 to provide for the At the request of Mr. LEAHY, the *Corinne Ann Beckwith, of the District of reauthorization of the Chesapeake Bay Gate- name of the Senator from New Mexico Columbia, to be an Associate Judge of the ways and Watertrails Network; to the Com- (Mr. BINGAMAN) was added as a cospon- District of Columbia Court of Appeals for the mittee on Environment and Public Works. sor of S. 968, a bill to prevent online term of fifteen years. f threats to economic creativity and *Ernest Mitchell, Jr., of California, to be theft of intellectual property, and for Administrator of the United States Fire Ad- SUBMISSION OF CONCURRENT AND other purposes. ministration, Federal Emergency Manage- SENATE RESOLUTIONS S. 1133 ment Agency, Department of Homeland Se- curity. The following concurrent resolutions At the request of Mr. WYDEN, the *Ronald David McCray, of Texas, to be a and Senate resolutions were read, and name of the Senator from Maryland Member of the Federal Retirement Thrift In- referred (or acted upon), as indicated: (Mr. CARDIN) was added as a cosponsor vestment Board for a term expiring Sep- By Mr. MERKLEY (for himself, Mr. of S. 1133, a bill to prevent the evasion tember 25, 2012. CRAPO, Mr. KOHL, and Mr. LAUTEN- of antidumping and countervailing *Ronald David McCray, of Texas, to be a BERG): duty orders, and for other purposes. Member of the Federal Retirement Thrift In- S. Res. 299. A resolution designating Octo- S. 1181 vestment Board for a term expiring Sep- ber 2011 as ‘‘National Work and Family At the request of Mr. GRASSLEY, the tember 25, 2016. Month’’; considered and agreed to. name of the Senator from Mississippi By Ms. MURKOWSKI (for herself, Mr. *Nomination was reported with rec- (Mr. COCHRAN) was added as a cospon- WHITEHOUSE, Mr. GRASSLEY, Mr. ommendation that it be confirmed sub- sor of S. 1181, a bill to require the Sec- ject to the nominee’s commitment to CRAPO, Mr. CHAMBLISS, Mrs. FEIN- STEIN, and Mr. THUNE): retary of the Treasury to mint coins in respond to requests to appear and tes- S. Res. 300. A resolution supporting the commemoration of the National Fu- tify before any duly constituted com- goals and ideals of Red Ribbon Week, 2011; ture Farmers of America Organization mittee of the Senate. considered and agreed to. and the 85th anniversary of the found- f f ing of the National Future Farmers of America Organization. INTRODUCTION OF BILLS AND ADDITIONAL COSPONSORS JOINT RESOLUTIONS S. 1385 S. 229 At the request of Mr. VITTER, the The following bills and joint resolu- At the request of Mr. BEGICH, the name of the Senator from South Da- tions were introduced, read the first name of the Senator from California kota (Mr. THUNE) was added as a co- and second times by unanimous con- (Mrs. BOXER) was added as a cosponsor sponsor of S. 1385, a bill to terminate sent, and referred as indicated: of S. 229, a bill to amend the Federal the $1 presidential coin program. By Mr. BLUMENTHAL (for himself, Food, Drug, and Cosmetic Act to re- S. 1467 Mr. CORKER, Mr. BENNET, Mr. HATCH, quire labeling of genetically-engi- At the request of Mr. BLUNT, the Mr. CASEY, Mr. ALEXANDER, and Mr. neered fish. name of the Senator from Nebraska COONS): (Mr. NELSON) was added as a cosponsor S. 1734. A bill to provide incentives for the S. 306 development of qualified infectious disease At the request of Mr. WEBB, the name of S. 1467, a bill to amend the Patient products; to the Committee on Health, Edu- of the Senator from Delaware (Mr. Protection and Affordable Care Act to cation, Labor, and Pensions. COONS) was added as a cosponsor of S. protect rights of conscience with re- By Mr. COCHRAN (for himself and Mr. 306, a bill to establish the National gard to requirements for coverage of WICKER): Criminal Justice Commission. specific items and services. S. 1735. A bill to approve the transfer of S. 1508 S. 390 Yellow Creek Port properties in Iuka, Mis- At the request of Mr. MENENDEZ, the At the request of Mr. WEBB, the name sissippi; to the Committee on Environment names of the Senator from Hawaii (Mr. and Public Works. of the Senator from Massachusetts AKAKA) and the Senator from New By Mr. BROWN of Massachusetts (for (Mr. BROWN) was withdrawn as a co- Hampshire (Mrs. SHAHEEN) were added himself, Ms. COLLINS, and Mr. LIE- sponsor of S. 390, a bill to ensure that as cosponsors of S. 1508, a bill to extend BERMAN): the right of an individual to display loan limits for programs of the Federal S. 1736. A bill to achieve cost savings the Service Flag on residential prop- through the reform of Federal acquisition Housing Administration, the govern- erty not be abridged. practices and procedures; to the Committee ment-sponsored enterprises, and the At the request of Mr. WEBB, the name on Homeland Security and Governmental Af- Department of Veterans Affairs, and of the Senator from Ohio (Mr. BROWN) fairs. for other purposes. By Mr. BENNET (for himself and Mr. was added as a cosponsor of S. 390, S. 1512 ISAKSON): supra. S. 1737. A bill to improve the accuracy of At the request of Mr. CARDIN, the S. 414 mortgage underwriting used by Federal name of the Senator from Minnesota mortgage agencies by ensuring that energy At the request of Mr. DURBIN, the (Ms. KLOBUCHAR) was added as a co- costs are included in the underwriting proc- name of the Senator from Pennsyl- sponsor of S. 1512, a bill to amend the ess, to reduce the amount of energy con- vania (Mr. CASEY) was added as a co- Internal Revenue Code of 1986 and the sumed by homes, to facilitate the creation of sponsor of S. 414, a bill to protect girls Small Business Act to expand the energy efficiency retrofit and construction in developing countries through the availability of employee stock owner- jobs, and for other purposes; to the Com- prevention of child marriage, and for ship plans in S corporations, and for mittee on Banking, Housing, and Urban Af- other purposes. fairs. other purposes. By Mr. CORNYN (for himself, Mr. S. 431 S. 1610 CRAPO, Mr. RUBIO, Mrs. HUTCHISON, At the request of Mr. PRYOR, the At the request of Mr. THUNE, his and Mr. BURR): name of the Senator from Tennessee name was added as a cosponsor of S.

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.043 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6765 1610, a bill to provide additional time 1723, a bill to provide for teacher and of amendment No. 771 proposed to H.R. for the Administrator of the Environ- first responder stabilization. 2112, a bill making appropriations for mental Protection Agency to promul- At the request of Mr. MERKLEY, his Agriculture, Rural Development, Food gate achievable standards for cement name was added as a cosponsor of S. and Drug Administration, and Related manufacturing facilities, and for other 1723, supra. Agencies programs for the fiscal year purposes. S. RES. 132 ending September 30, 2012, and for S. 1615 At the request of Mr. NELSON of Ne- other purposes. At the request of Mr. SHELBY, the braska, the name of the Senator from AMENDMENT NO. 781 name of the Senator from Alabama Rhode Island (Mr. REED) was added as a At the request of Ms. LANDRIEU, the (Mr. SESSIONS) was added as a cospon- cosponsor of S. Res. 132, a resolution names of the Senator from Louisiana sor of S. 1615, a bill to require enhanced recognizing and honoring the zoos and (Mr. VITTER) and the Senator from economic analysis and justification of aquariums of the United States. Alaska (Mr. BEGICH) were added as co- regulations proposed by certain Fed- S. RES. 291 sponsors of amendment No. 781 pro- eral banking, housing, securities, and At the request of Mr. MENENDEZ, the posed to H.R. 2112, a bill making appro- commodity regulators, and for other names of the Senator from Massachu- priations for Agriculture, Rural Devel- purposes. setts (Mr. BROWN) and the Senator opment, Food and Drug Administra- S. 1651 from Oregon (Mr. MERKLEY) were added tion, and Related Agencies programs At the request of Mr. SESSIONS, the as cosponsors of S. Res. 291, a resolu- for the fiscal year ending September 30, names of the Senator from North Caro- tion recognizing the religious and his- 2012, and for other purposes. lina (Mr. BURR), the Senator from torical significance of the festival of AMENDMENT NO. 812 Texas (Mr. CORNYN) and the Senator Diwali. from Wyoming (Mr. ENZI) were added At the request of Mr. SESSIONS, the AMENDMENT NO. 749 as cosponsors of S. 1651, a bill to pro- name of the Senator from Utah (Mr. At the request of Mr. MCCAIN, the vide for greater transparency and hon- LEE) was added as a cosponsor of name of the Senator from Idaho (Mr. esty in the Federal budget process. amendment No. 812 intended to be pro- RISCH) was added as a cosponsor of S. 1653 posed to H.R. 2112, a bill making appro- amendment No. 749 intended to be pro- At the request of Ms. KLOBUCHAR, the priations for Agriculture, Rural Devel- posed to H.R. 2112, a bill making appro- name of the Senator from Delaware opment, Food and Drug Administra- priations for Agriculture, Rural Devel- (Mr. COONS) was added as a cosponsor tion, and Related Agencies programs opment, Food and Drug Administra- of S. 1653, a bill to make minor modi- for the fiscal year ending September 30, tion, and Related Agencies programs fications to the procedures relating to 2012, and for other purposes. for the fiscal year ending September 30, the issuance of visas. AMENDMENT NO. 814 2012, and for other purposes. S. 1676 At the request of Mr. CRAPO, the AMENDMENT NO. 750 At the request of Mr. THUNE, the name of the Senator from Illinois (Mr. At the request of Mr. WEBB, the name of the Senator from Idaho (Mr. KIRK) was added as a cosponsor of names of the Senator from South Caro- CRAPO) was added as a cosponsor of S. amendment No. 814 proposed to H.R. lina (Mr. GRAHAM), the Senator from 1676, a bill to amend the Internal Rev- 2112, a bill making appropriations for Michigan (Mr. LEVIN), the Senator enue Code of 1986 to provide for tax- Agriculture, Rural Development, Food from New Mexico (Mr. BINGAMAN), the payers making donations with their re- and Drug Administration, and Related Senator from Missouri (Mrs. MCCAS- turns of income tax to the Federal Agencies programs for the fiscal year KILL), the Senator from Rhode Island Government to pay down the public ending September 30, 2012, and for (Mr. WHITEHOUSE), the Senator from debt. other purposes. Massachusetts (Mr. KERRY), the Sen- S. 1692 AMENDMENT NO. 817 At the request of Mr. BINGAMAN, the ator from Oregon (Mr. WYDEN), the Senator from Colorado (Mr. UDALL), At the request of Mr. SCHUMER, the names of the Senator from Arkansas name of the Senator from Maryland (Mr. BOOZMAN) and the Senator from the Senator from New York (Mrs. GILLIBRAND), the Senator from New (Mr. CARDIN) was added as a cosponsor Mississippi (Mr. WICKER) were added as of amendment No. 817 intended to be cosponsors of S. 1692, a bill to reauthor- Hampshire (Mrs. SHAHEEN) and the proposed to H.R. 2112, a bill making ap- ize the Secure Rural Schools and Com- Senator from Virginia (Mr. WARNER) propriations for Agriculture, Rural De- munity Self-Determination Act of 2000, were added as cosponsors of amend- velopment, Food and Drug Administra- to provide full funding for the Pay- ment No. 750 proposed to H.R. 2112, a tion, and Related Agencies programs ments in Lieu of Taxes program, and bill making appropriations for Agri- for the fiscal year ending September 30, for other purposes. culture, Rural Development, Food and 2012, and for other purposes. S. 1704 Drug Administration, and Related AMENDMENT NO. 827 At the request of Ms. AYOTTE, the Agencies programs for the fiscal year name of the Senator from Oregon (Mr. ending September 30, 2012, and for At the request of Ms. STABENOW, the MERKLEY) was added as a cosponsor of other purposes. name of the Senator from Michigan S. 1704, a bill to amend title 10, United AMENDMENT NO. 769 (Mr. LEVIN) was added as a cosponsor of States Code, to modify certain authori- At the request of Mr. VITTER, the amendment No. 827 intended to be pro- ties relating to the strategic airlift air- names of the Senator from Vermont posed to H.R. 2112, a bill making appro- craft force structure of the Air Force. (Mr. SANDERS), the Senator from Ari- priations for Agriculture, Rural Devel- S. 1718 zona (Mr. MCCAIN), the Senator from opment, Food and Drug Administra- At the request of Mr. WYDEN, the Michigan (Ms. STABENOW), the Senator tion, and Related Agencies programs name of the Senator from Colorado from New Mexico (Mr. BINGAMAN) and for the fiscal year ending September 30, (Mr. BENNET) was added as a cosponsor the Senator from New Hampshire (Mrs. 2012, and for other purposes. of S. 1718, a bill to amend title XVIII of SHAHEEN) were added as cosponsors of AMENDMENT NO. 836 the Social Security Act with respect to amendment No. 769 proposed to H.R. At the request of Mr. LAUTENBERG, the application of Medicare secondary 2112, a bill making appropriations for the names of the Senator from payer rules for certain claims. Agriculture, Rural Development, Food Vermont (Mr. LEAHY) and the Senator S. 1720 and Drug Administration, and Related from Connecticut (Mr. BLUMENTHAL) At the request of Mr. MCCAIN, the Agencies programs for the fiscal year were added as cosponsors of amend- name of the Senator from Idaho (Mr. ending September 30, 2012, and for ment No. 836 proposed to H.R. 2112, a RISCH) was added as a cosponsor of S. other purposes. bill making appropriations for Agri- 1720, a bill to provide American jobs AMENDMENT NO. 771 culture, Rural Development, Food and through economic growth. At the request of Mr. BINGAMAN, the Drug Administration, and Related S. 1723 names of the Senator from Delaware Agencies programs for the fiscal year At the request of Mr. COONS, his (Mr. COONS) and the Senator from Ohio ending September 30, 2012, and for name was added as a cosponsor of S. (Mr. BROWN) were added as cosponsors other purposes.

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.044 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6766 CONGRESSIONAL RECORD — SENATE October 19, 2011 AMENDMENT NO. 844 ation Act of 2010 (P.L. 111–152, signed Not only will the Economic Growth At the request of Mr. HATCH, the into law by the President last year. I and Jobs Protection Act of 2011 protect name of the Senator from Montana am pleased that Senators CRAPO, jobs and the investment security of (Mr. TESTER) was added as a cosponsor RUBIO, HUTCHISON, and BURR are co- taxpayers, it will also make sure that of amendment No. 844 intended to be sponsors of this legislation. Congress restores one of the Presi- proposed to H.R. 2112, a bill making ap- We know that taxpayers will likely dent’s campaign promises. On Sep- propriations for Agriculture, Rural De- face the largest tax increase in history tember 12, 2008, then-candidate Obama velopment, Food and Drug Administra- when the 2001 and 2003 tax relief acts promised the American people that, tion, and Related Agencies programs expire at the end of 2013. If Congress ‘‘Everyone in America—everyone—will for the fiscal year ending September 30, does nothing, the highest tax rate for pay lower taxes than they would under 2012, and for other purposes. individuals will rise from 35 percent to the rates Bill Clinton had in the 1990s.’’ just under 40 percent; taxpayers in the AMENDMENT NO. 854 But when combined with the Presi- lowest bracket will see a 50 percent tax At the request of Mrs. FEINSTEIN, the dent’s budget proposal, this additional increase, from 10 percent to 15 percent; tax on investment will raise taxes on names of the Senator from New York the marriage penalty will increase; the (Mrs. GILLIBRAND) and the Senator many Americans higher than they were child credit will be cut in half; and under the rates President Clinton had from Ohio (Mr. BROWN) were added as taxes on capital gains and dividends cosponsors of amendment No. 854 in- in the 1990s. will increase. In other words, every I ask that my colleagues support this tended to be proposed to H.R. 2112, a taxpayer will pay higher taxes to bill making appropriations for Agri- legislation that will repeal this job- Washington. killing tax on small business invest- culture, Rural Development, Food and But while taxpayers may be aware of ment and will protect economic Drug Administration, and Related these expiring provisions, many are growth, jobs and the retirement sav- Agencies programs for the fiscal year likely not fully aware of another un- ings of taxpayers. Mr. President, I ask ending September 30, 2012, and for pleasant surprise that will arrive on unanimous consent that the text of the other purposes. the first day of 2013. The Health Care bill and a letter of support be printed AMENDMENT NO. 855 Reconciliation Act that was jammed in the RECORD. At the request of Mrs. FEINSTEIN, the through the Senate along partisan There being no objection, the mate- names of the Senator from New York lines includes a 3.8 percent surtax on rial was ordered to be printed in the (Mrs. GILLIBRAND) and the Senator the dividends, rents, and interest RECORD, as follows: from Ohio (Mr. BROWN) were added as earned by certain taxpayers. Enacting cosponsors of amendment No. 855 in- this permanent tax hike was a mistake S. 1738 tended to be proposed to H.R. 2112, a then and is a mistake now. Be it enacted by the Senate and House of Rep- bill making appropriations for Agri- The Institute for Research on the Ec- resentatives of the United States of America in Congress assembled, culture, Rural Development, Food and onomics of Taxation—a nonprofit eco- Drug Administration, and Related nomic policy research and educational SECTION 1. SHORT TITLE. organization recently told the Senate This Act may be cited as the ‘‘Economic Agencies programs for the fiscal year Growth and Jobs Protection Act of 2011’’. Finance Committee that the 3.8 per- ending September 30, 2012, and for SEC. 2. REPEAL OF UNEARNED INCOME MEDI- other purposes. cent surtax would reduce capital for- CARE CONTRIBUTION. AMENDMENT NO. 857 mation, which would lower produc- Subsection (a) of section 1402 of the Health tivity and wages and that a 3.8 percent At the request of Mr. MENENDEZ, the Care and Education Reconciliation Act of surtax would lower GDP by about 0.9 names of the Senator from New York 2010 (Public Law 111–152) and the amend- percent and would actually result in ments made by such subsection are repealed. (Mr. SCHUMER), the Senator from Mas- lower revenue coming into the govern- sachusetts (Mr. KERRY), the Senator ment’s coffers. NATIONAL ASSOCIATION from Maryland (Ms. MIKULSKI), the Simply put, increasing taxes on in- OF MANUFACTURERS, Senator from Connecticut (Mr. LIEBER- vestment income is a job killer and in- OCTOBER 18, 2011. MAN), the Senator from Delaware (Mr. creases uncertainty at a time that the Hon. JOHN CORNYN, U.S. Senate, Hart Senate Office Building, COONS), the Senator from Massachu- national unemployment is more than 9 setts (Mr. BROWN), the Senator from Washington, DC. percent. In fact, the top tax rate on DEAR SENATOR CORNYN: On behalf of the Maryland (Mr. CARDIN), the Senator capital gains will eventually be 23.8 National Association of Manufacturers from New Hampshire (Mrs. SHAHEEN), percent as the rate bounces back to 20 (NAM)—the nation’s largest industrial trade the Senator from Hawaii (Mr. AKAKA) percent from 15 percent in 2013. And association—thank you for your leadership and the Senator from California (Mrs. dividends taxes would more than dou- in introducing ‘‘The Economic Growth and BOXER) were added as cosponsors of ble to more than 43 percent. Jobs Protection Act of 2011,’’ to repeal the amendment No. 857 proposed to H.R. We should not pile more taxes on the 3.8 percent surtax on ‘‘investment income’’ 2112, a bill making appropriations for backs of working families and job cre- currently scheduled to go into effect begin- ning in 2013. The NAM strongly supports the Agriculture, Rural Development, Food ators. This will not help create jobs and Drug Administration, and Related passage of this legislation. and will not make the tax code more As you know, the Health Care and Edu- Agencies programs for the fiscal year pro-growth. We know the key to job cation Reconciliation Act of 2010 (P.L. 111– ending September 30, 2012, and for creation is to grow the economy and 152) imposes a new 3.8 percent surtax on the other purposes. allow small businesses to flourish, in- dividends, rents and interest income earned f vest and create jobs. by certain taxpayers. This new surtax, if im- In fact, according to the Federal Re- plemented, will discourage savings and in- STATEMENTS ON INTRODUCED serve Bank of Boston, we will need sev- vestment. If not repealed, this surtax will BILLS AND JOINT RESOLUTIONS eral years of very strong growth to come on top of increases on dividend taxes By Mr. CORNYN (for himself, Mr. reach 5 percent unemployment. For ex- that are scheduled to accelerate from today’s current rate of 15 percent to a top rate of 39.6 CRAPO, Mr. RUBIO, Mrs. ample, to reach 5 percent unemploy- percent at the beginning of 2013. Combined HUTCHISON, and Mr. BURR): ment by 2015 the economy will need to with this surtax, dividends taxes could more S. 1738. A bill to rescind the 3.8 per- grow 4.2 percent a year. This is just one than double to a total of 43.9 percent. cent tax on the investment income of reason that during the health care de- Manufacturers strongly support the repeal the American people and to promote bate I offered a motion that would have of this burdensome tax that would increase job creation and small businesses; to directed the Senate Finance Com- the tax on savings and investment and re- the Committee on Finance. mittee to report the bill back without duce the amount of capital business owners Mr. CORNYN. Mr. President, today I the 3.8 percent tax on the investment have available to invest in their companies. am introducing the Economic Growth income. Although my attempt to strip Such a tax will ultimately result in the loss of vital funds needed for business operations and Jobs Protection Act of 2011. This out this job-killing tax fell short, I and job creation. legislation would repeal the 3.8 percent want to take this opportunity to note Thank you for introducing this legislation. surtax on investment income that was that six of my colleagues on the other At this time while our nation is working to included in the Health Care Reconcili- side of the aisle supported my motion. emerge from recent economic challenges,

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.046 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6767 further increasing taxes on investment in- Our bill allocates the remaining Docket No. 19 and 188 was filed in the Court come is the wrong approach and simply adds funds equally to each of the six bands of Federal Claims; to a tax system that is already anti-growth. that make up the Minnesota Chippewa (4) the terms of the settlement were ap- We look forward to working with you and Tribe. That is approximately $15 mil- proved by the Court of Federal Claims and your staff to advance this important legisla- final judgment in the matter was entered on tion. lion or $2.5 million per band. This fund- May 26, 1999; Sincerely, ing is desperately needed. It will allow (5) on June 22, 1999, $20,000,000 was trans- DOROTHY COLEMAN, Vice President, the bands to provide for the basic needs ferred to the Department of the Interior and Tax, Technology & Domestic Policy. for their people by investing in eco- deposited in a trust fund account established nomic development, health care, hous- for the beneficiaries of the amounts awarded By Mr. FRANKEN (for himself ing, and education. in Docket No. 19 and 188; and Ms. KLOBUCHAR): There is one band, the Leech Lake (6) pursuant to the Indian Tribal Judgment S. 1739. A bill to provide for the use Band of Ojibwe, that does not agree Funds Use or Distribution Act (25 U.S.C. 1401 and distribution of judgment funds with this distribution plan. I am sym- et seq.), Congress must act to authorize the awarded to the Minnesota Chippewa use or distribution of the judgment funds; pathetic to their concerns, and I sin- and Tribe by the United States Court of cerely hoped that a consensus agree- Federal Claims in Docket Numbers 19 (7) on October 1, 2009, the Minnesota Chip- ment could have been reached that pewa Tribal Executive Committee passed and 188, and for other purposes; to the would have satisfied all those involved. Resolution 146–09, approving a plan to dis- Committee on Indian Affairs. But, in the end, I believe we must re- tribute the judgment funds and requesting Mr. FRANKEN. Mr. President, today spect the decision of the tribe. that Congress authorize the distribution of I am introducing the Minnesota Chip- The bill we are introducing today re- the judgment funds in the manner described pewa Tribe Judgment Fund Distribu- flects the distribution agreed upon by by the plan. tion Act with my friend and colleague SEC. 3. DEFINITIONS. the Minnesota Chippewa Tribal Execu- from Minnesota, Senator KLOBUCHAR. In this Act: tive Committee. This is a democratic This legislation will finally allow for (1) BANDS.—The term ‘‘Bands’’ means— body comprised of two elected officials the distribution of funds owed to the (A) the Bois Forte Band; from each of the six bands. Under the Minnesota Chippewa Tribe. Before I (B) the Fond du Lac Band; tribal constitution, the Executive Com- talk about our legislation, I want to (C) the Grand Portage Band; mittee is the governing body of the (D) the Leech Lake Band; first thank my colleague in the House, tribe. After years of disagreement, the (E) the Mille Lacs Band; and Representative PETERSON of Min- Tribal Excusive Committee has agreed (F) the White Earth Band. nesota, for his leadership on this issue on an allocation formula. I deeply re- (2) JUDGMENT FUNDS.—The term ‘‘judgment and for the tremendous work he put funds’’ means the $20,000,000 awarded on May spect tribal sovereignty and therefore into crafting this bill. 26, 1999, to the Minnesota Chippewa Tribe by It has been a long road to get to this believe we must respect their decision. the Court of Federal Claims and transferred point. The Minnesota Chippewa Tribe I also worry that any further delay to the Secretary for deposit in a trust fund first filed complaints before the Indian will only cause hardship for individual account established for the beneficiaries of Claims Commission in 1948. It took all tribal members. The thousands of trib- Docket No. 19 and 188. (3) MINNESOTA CHIPPEWA TRIBE.—The term the way until 1999 before their claims al members across Minnesota cannot afford to wait another decade. It is ‘‘Minnesota Chippewa Tribe’’ means the Min- were settled. For over 60 years, mem- nesota Chippewa Tribe, composed solely of bers of the Minnesota Chippewa Tribe time for Congress to act to allow for the distribution of the funds owed to the Bands. have been waiting for these funds. It’s (4) SECRETARY.—The term ‘‘Secretary’’ time to get this done. the Minnesota Chippewa Tribe. means the Secretary of the Interior. I urge my colleagues to support this In 1999, the United States Court of SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA Federal Claims awarded $20 million to legislation and send it to the Presi- CHIPPEWA TRIBE. the Minnesota Chippewa Tribe. This dent’s desk to be signed into law as (a) IN GENERAL.—The Secretary may reim- money is to compensate tribal mem- soon as possible. burse the Minnesota Chippewa Tribe the bers for the improper taking and sale Mr. President, I ask unanimous con- amount that the Minnesota Chippewa Tribe contributed for attorneys’ fees and litigation of land and timber under the Nelson sent that the text of the bill be printed in the RECORD. expenses associated with the litigation of Act of 1889. The Federal Government Docket No. 19 and 188 in the Court of Federal owes the Minnesota Chippewa Tribe There being no objection, the text of the bill was ordered to be printed in Claims and the distribution of judgment this money. In fact, in 1999, the $20 mil- funds, plus any interest earned on that lion owed to the tribe was transferred the RECORD, as follows: amount as of the date of payment under this to the Department of the Interior and S. 1739 section to the Minnesota Chippewa Tribe. deposited in a trust fund account, Be it enacted by the Senate and House of Rep- (b) PROCEDURE.— where it has been collecting one per- resentatives of the United States of America in (1) IN GENERAL.—To receive a reimburse- Congress assembled, cent interest. But tribal members in ment payment under subsection (a), not SECTION 1. SHORT TITLE. later than 90 days after the date of enact- my home State of Minnesota have This Act may be cited as the ‘‘Minnesota ment of this Act, the Minnesota Chippewa never received a dime. That is because, Chippewa Tribe Judgment Fund Distribution Tribe shall submit to the Secretary a writ- before any money can go to the tribe, Act of 2011’’. ten claim for the reimbursement amount de- Congress must pass legislation detail- SEC. 2. FINDINGS. scribed in that subsection, subject to the ing how to allocate the funds between Congress finds that— condition that the Minnesota Chippewa the 6 bands that make up the Min- (1) on January 22, 1948, the Minnesota Chip- Tribe certify that the reimbursement ex- nesota Chippewa Tribe. pewa Tribe, representing all Chippewa bands penses claimed have not been reimbursed to Today, Senator KLOBUCHAR and I are in the State of Minnesota except the Red the Tribe by any other entity. introducing legislation to do just that. Lake Band, filed a claim before the Indian (2) PAYMENT.—If the Minnesota Chippewa Claims Commission in Docket No. 19 for an Tribe submits a claim to the Secretary in ac- Our bill will provide $300 to every trib- cordance with paragraph (1), the Secretary al member. While this might not seem accounting of all amounts received and ex- pended pursuant to the Act of January 14, shall, using the judgment funds, pay to the like a lot of money, I want to remind 1889 (25 Stat. 642, chapter 24) (referred to in Minnesota Chippewa Tribe the full reim- my colleagues that Native Americans this Act as the ‘‘Nelson Act’’); bursement amount claimed, plus interest on represent one of the poorest segments (2) on August 2, 1951, the Minnesota Chip- that amount, calculated at the rate of 6.0 of Minnesota’s population. On the pewa Tribe, representing all Chippewa bands percent per year, simple interest, beginning White Earth reservation, where one in in the State of Minnesota except the Red on the date on which the amounts were ex- five members live under the poverty Lake Band, filed a number of claims before pended by the Tribe and ending on the date line, a check for $1,200 for a family of the Indian Claims Commission in Docket No. on which the amounts are reimbursed to the Tribe. four would make a real difference. This 188 for an accounting of the obligation of the is money that the 40,000 enrolled mem- Federal Government to each member Band of SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS. the Minnesota Chippewa Tribe under various (a) MEMBERSHIP ROLLS.—Not later than 90 bers of the Minnesota Chippewa Tribe statutes and treaties not covered by the Nel- days after the date of enactment of this Act, could be using right now to put tires on son Act; the Minnesota Chippewa Tribe shall submit their car or fix a leaking roof or buy (3) on May 17, 1999, a joint motion for find- to the Secretary an updated membership roll new shoes for their children. ings in aid of settlement of the claims in for each Band of the Tribe, each of which

VerDate Mar 15 2010 04:51 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.071 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6768 CONGRESSIONAL RECORD — SENATE October 19, 2011 shall include the names of all enrolled mem- stories of the Chesapeake and its wa- SECTION 1. SHORT TITLE. bers of that Band living on the date of enact- tershed. Today I am introducing legis- This Act may be cited as the ‘‘Chesapeake ment of this Act. lation to reauthorize this successful Bay Gateways and Watertrails Network Re- authorization Act’’. (b) DISBURSEMENT OF AVAILABLE FUNDS.— program. (1) PER CAPITA ACCOUNT.—After the date on SEC. 2. AUTHORIZATION OF APPROPRIATIONS. which any amounts under section 4 have For visitors and residents, the Gate- Section 502(c) of the Chesapeake Bay Ini- been disbursed and the Secretary has re- ways are the ‘‘Chesapeake connection.’’ tiative Act of 1998 (16 U.S.C. 461 note; Public ceived the updated membership rolls under The Network members provide an expe- Law 105–312) is amended by striking ‘‘fiscal subsection (a), the Secretary shall, from the rience of such high quality that their years’’ and all that follows through the pe- remaining judgment funds, deposit in a per visitors will indeed connect to the riod at the end and inserting ‘‘fiscal years 2012 through 2016.’’. capita account established by the Secretary Chesapeake emotionally as well as in- for each Band, an amount that is equal to tellectually, and thus to its conserva- f $300 for each member of that Band listed on the updated membership roll. tion. SUBMITTED RESOLUTIONS (2) REMAINING AMOUNTS.—If, after the dis- The Chesapeake Bay is a national bursement described in paragraph (1), any treasure. The Chesapeake ranks as the judgment funds remain undisbursed, the Sec- largest of America’s 130 estuaries and SENATE RESOLUTION 299—DESIG- retary shall deposit in an account estab- one of the Nation’s largest and longest NATING OCTOBER 2011 AS ‘‘NA- lished by the Secretary for each Band, which fresh water and estuarine systems. The TIONAL WORK AND FAMILY shall be separate from the per capita account Atlantic Ocean delivers half the bay’s MONTH’’ described in paragraph (1), all remaining Mr. MERKLEY (for himself, Mr. amounts, divided equally among the Bands. 18 trillion gallons of water and the CRAPO, Mr KOHL, and Mr. LAUTENBERG) (c) USE OF AMOUNTS.— other half flows through over 150 major (1) DISBURSEMENT OF PER CAPITA PAY- rivers and streams draining 64,000 submitted the following resolution; MENTS.—Any amounts deposited in the per square miles within 6 States and the which was considered and agreed to: capita account of a Band described in sub- District of Columbia. The Chesapeake S. RES. 299 section (b)(1) shall be— watershed is among the most signifi- Whereas, according to a report by (A) made available to the Band for imme- cant cultural, natural and historic as- WorldatWork, a nonprofit professional asso- diate withdrawal; and sets of our Nation. ciation with expertise in attracting, moti- (B) used by the Band solely for the purpose vating, and retaining employees, the quality of distributing 1 $300 payment to each indi- The Chesapeake is enormous and of workers’ jobs and the supportiveness of vidual member of the Band listed on the up- vastly diverse—how could you possibly the workplace of the workers are key predic- dated membership roll. experience the whole story in any one tors of the job productivity, job satisfaction, (2) TREATMENT OF DEPENDENTS.—For each place? Better to connect and use the and commitment to the employer of those minor or dependent member of the Band list- scores of existing public places to col- workers, as well as of the ability of the em- ed on the updated roll, the Band may— laborate on presenting the many chap- ployer to retain those workers; (A) distribute the $300 payment to a parent ters and tales of the bay story. Visitors Whereas ‘‘work-life balance’’ refers to spe- cific organizational practices, policies, and or legal guardian of that dependent Band and residents go to more places for member; or programs that are guided by a philosophy of (B) deposit in a trust account the $300 pay- more experiences, all through a coordi- active support for the efforts of employees to ment of that dependent Band member for the nated Gateways Network. achieve success within and outside the work- benefit of that dependent Band member, to Beyond simply coordinating the Net- place, such as caring for dependents, health be distributed under the terms of the trust. work, publishing a map and guides, and and wellness, paid and unpaid time off, finan- (d) UNCLAIMED PAYMENTS.—If, on the date providing standard exhibits at all Gate- cial support, community involvement, and that is 1 year after the date on which the ways, the National Park Service has workplace culture; Whereas numerous studies show that em- amounts described in subsection (b)(1) are helped Gateways with matching grants made available to a Band, any amounts re- ployers that offer effective work-life balance main unclaimed, those amounts shall be re- and expertise for 200 projects with a programs are better able to recruit more tal- turned to the Secretary, who shall deposit total value of more than $12 million. ented employees, maintain a happier, the remaining amounts in the accounts de- This is a great deal for the bay—it healthier, and less stressed workforce, and scribed in subsection (b)(2) in equal shares helps network members tell the Chesa- retain experienced employees, which pro- for each Band. peake story better and inspires people duces a more productive and stable work- (e) NO LIABILITY.—The Secretary shall not to care for this National Treasure—and force with less voluntary turnover; be liable for the expenditure or investment Whereas job flexibility often allows par- it is a good deal for the Park Service. ents to be more involved in the lives of their of any amounts disbursed to a Band from the In this legislation, we cap the Gate- accounts described in subsection (b) after children, and research demonstrates that pa- those amounts are withdrawn by the Band. ways authorization at just $2 million rental involvement is associated with higher SEC. 6. ADMINISTRATION. annually. It serves all 150+ Gateways achievement in language and mathematics, improved behavior, greater academic persist- Amounts disbursed under this Act— and their 10 million visitors. No other ence, and lower dropout rates in children; (1) shall not be liable for the payment of National Park can provide such a dra- Whereas military families have special previously contracted obligations of any re- matic ratio of public dollars spent to work-family needs that often require robust cipient, as provided in section 2(a) of Public number of visitors served. policies and programs that provide flexi- Law 98–64 (25 U.S.C. 117b(a)); and With the National Park Service’s ex- bility to employees in unique circumstances; (2) shall be subject to section 7 of the In- pertise and support, Gateways have Whereas studies report that family rituals, dian Tribal Judgment Funds Use or Distribu- made significant progress in their mis- such as sitting down to dinner together and tion Act (25 U.S.C. 1407). sion to tell the bay’s stories to their sharing activities on weekends and holidays, positively influence the health and develop- By Mr. CARDIN (for himself, Ms. millions of members and visitors, ex- tend access to the bay and its water- ment of children and that children who eat MIKULSKI, Mr. WARNER, Mr. dinner with their families every day con- WEBB, Mr. CARPER, and Mr. shed, and develop a conservation sume nearly a full serving more of fruits and COONS): awareness and ethic. It is time to reau- vegetables per day than those who never eat S. 1740. A bill to amend the Chesa- thorize the Chesapeake Gateways and dinner with their families or do so only occa- peake Bay Initiative Act of 1998 to pro- Watertrails program. It is my hope sionally; and vide for the reauthorization of the that the Congress will act quickly to Whereas the month of October is an appro- adopt this legislation. priate month to designate as National Work Chesapeake Bay Gateways and and Family Month: Now, therefore, be it Watertrails Network; to the Com- Mr. President, I ask unanimous con- Resolved, That the Senate— mittee on Environment and Public sent that the text of the bill be printed (1) designates October 2011 as ‘‘National Works. in the RECORD. Work and Family Month’’; Mr. CARDIN. Mr. President, author- There being no objection, the text of (2) recognizes the importance of work ized under P.L. 105–312 in 1998 and reau- the bill was ordered to be printed in schedules that allow employees to spend thorized by P.L. 107–308 in 2002, the the RECORD, as follows: time with their families to job productivity and healthy families; Chesapeake Bay Gateways and S. 1740 (3) urges public officials, employers, em- Watertrails Network helps several mil- Be it enacted by the Senate and House of Rep- ployees, and the general public to work to- lion visitors and residents find, enjoy, resentatives of the United States of America in gether to achieve more balance between and learn about the special places and Congress assembled, work and family; and

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(4) calls upon the people of the United Whereas parents, young people, schools, SANDERS) submitted an amendment intended States to observe National Work and Family businesses, law enforcement agencies, reli- to be proposed to amendment SA 738 pro- Month with appropriate ceremonies and ac- gious institutions, service organizations, posed by Mr. INOUYE to the bill H.R. 2112, tivities. senior citizens, medical and military per- supra. f sonnel, sports teams, and individuals SA 870. Mr. KYL (for himself, Mr. MCCAIN, throughout the United States will dem- and Mr. CORNYN) submitted an amendment SENATE RESOLUTION 300—SUP- onstrate their commitment to healthy, pro- intended to be proposed to amendment SA PORTING THE GOALS AND ductive, and drug-free lifestyles by wearing 738 proposed by Mr. INOUYE to the bill H.R. IDEALS OF RED RIBBON WEEK, and displaying red ribbons during the week- 2112, supra; which was ordered to lie on the 2011 long celebration of Red Ribbon Week: Now, table. therefore, be it SA 871. Mr. BEGICH (for himself and Mr. Ms. MURKOWSKI (for herself, Mr. Resolved, That the Senate— COBURN) submitted an amendment intended WHITEHOUSE, Mr. GRASSLEY, Mr. (1) supports the goals and ideals of Red to be proposed by him to the bill H.R. 2112, CRAPO, Mr. CHAMBLISS, Mrs. FEINSTEIN, Ribbon Week, 2011; supra; which was ordered to lie on the table. and Mr. THUNE) submitted the fol- (2) encourages children and teens to choose SA 872. Mrs. GILLIBRAND (for herself and lowing resolution; which was consid- to live drug-free lives; and Ms. SNOWE) submitted an amendment in- ered and agreed to: (3) encourages the people of the United tended to be proposed by her to the bill H.R. S. RES. 300 States— 2112, supra; which was ordered to lie on the (A) to promote the creation of drug-free table. Whereas the Red Ribbon Campaign was es- communities; and SA 873. Mr. REED submitted an amend- tablished to commemorate the service of (B) to participate in drug prevention ac- ment intended to be proposed by him to the Enrique ‘‘Kiki’’ Camarena, a special agent of tivities to show support for healthy, produc- bill H.R. 2112, supra; which was ordered to lie the Drug Enforcement Administration for 11 tive, and drug-free lifestyles. on the table. years who was murdered in the line of duty SA 874. Mr. BROWN of Ohio (for himself in 1985 while engaged in the battle against il- f and Mr. SANDERS) submitted an amendment licit drugs; AMENDMENTS SUBMITTED AND intended to be proposed by him to the bill Whereas the Red Ribbon Campaign was es- PROPOSED H.R. 2112, supra; which was ordered to lie on tablished by the National Family Partner- the table. ship to preserve the memory of Special SA 858. Mr. BINGAMAN (for himself, Mr. SA 875. Mr. HATCH (for himself, Mr. Agent Camarena and further the cause for UDALL of New Mexico, and Ms. COLLINS) sub- INHOFE, Mr. ISAKSON, Mr. CHAMBLISS, Ms. which he gave his life; mitted an amendment intended to be pro- AYOTTE, Mr. HOEVEN, Mr. SHELBY, Mr. Whereas the Red Ribbon Campaign has posed by him to the bill H.R. 2112, making MORAN, Mr. NELSON of Nebraska, Mr. been nationally recognized since 1988 and is appropriations for Agriculture, Rural Devel- JOHANNS, Mr. WICKER, Mr. MCCONNELL, Mr. now the oldest and largest drug prevention opment, Food and Drug Administration, and RUBIO, Mr. RISCH, Mrs. HUTCHISON, Mr. JOHN- program in the United States, reaching mil- Related Agencies programs for the fiscal SON of Wisconsin, Mr. ROBERTS, Mr. BLUNT, lions of young people each year during Red year ending September 30, 2012, and for other Mr. MCCAIN, Ms. COLLINS, Ms. SNOWE, and Ribbon Week; purposes; which was ordered to lie on the Mr. THUNE) submitted an amendment in- Whereas the Drug Enforcement Adminis- table. tended to be proposed to amendment SA 738 tration, established in 1973, aggressively tar- SA 859. Mr. PORTMAN submitted an proposed by Mr. INOUYE to the bill H.R. 2112, gets organizations involved in the growing, amendment intended to be proposed by him supra; which was ordered to lie on the table. to the bill H.R. 2112, supra; which was or- manufacturing, and distribution of con- SA 876. Mr. KIRK submitted an amend- dered to lie on the table. trolled substances and has been a steadfast ment intended to be proposed by him to the partner in commemorating Red Ribbon SA 860. Mr. GRASSLEY submitted an amendment intended to be proposed to bill H.R. 2112, supra; which was ordered to lie Week; on the table. amendment SA 738 proposed by Mr. INOUYE Whereas the Governors and attorneys gen- SA 877. Mr. KIRK submitted an amend- to the bill H.R. 2112, supra. eral of the States, the National Family Part- ment intended to be proposed by him to the nership, Parent Teacher Associations, Boys SA 861. Mrs. FEINSTEIN submitted an amendment intended to be proposed to bill H.R. 2112, supra; which was ordered to lie and Girls Clubs of America, PRIDE Youth on the table. amendment SA 738 proposed by Mr. INOUYE Programs, the Drug Enforcement Adminis- SA 878. Ms. SNOWE (for herself, Mr. tration, and hundreds of other organizations to the bill H.R. 2112, supra; which was or- dered to lie on the table. BLUMENTHAL, Mr. SCHUMER, Mr. GRASSLEY, throughout the United States annually cele- Mr. CASEY, Ms. KLOBUCHAR, Ms. COLLINS, Mr. brate Red Ribbon Week during the period of SA 862. Mr. VITTER (for himself and Mr. BARRASSO) submitted an amendment in- COONS, Mr. KIRK, Mr. WYDEN, Mr. LAUTEN- October 23 through October 31; BERG, Mr. BROWN of Ohio, Mr. SESSIONS, and Whereas the objective of Red Ribbon Week tended to be proposed by him to the bill H.R. 2112, supra; which was ordered to lie on the Mrs. FEINSTEIN) submitted an amendment in- is to promote the creation of drug-free com- tended to be proposed to amendment SA 738 munities through drug prevention efforts, table. SA 863. Mr. MERKLEY (for himself and Mr. proposed by Mr. INOUYE to the bill H.R. 2112, education, parental involvement, and com- SCHUMER) submitted an amendment intended supra; which was ordered to lie on the table. munity-wide support; to be proposed to amendment SA 738 pro- SA 879. Mr. MERKLEY (for himself, Mr. Whereas drug abuse is one of the major posed by Mr. INOUYE to the bill H.R. 2112, WYDEN, Ms. CANTWELL, and Mr. BEGICH) sub- challenges that the United States faces in se- supra; which was ordered to lie on the table. mitted an amendment intended to be pro- curing a safe and healthy future for families SA 864. Mr. MERKLEY submitted an posed to amendment SA 738 proposed by Mr. in the United States; amendment intended to be proposed to INOUYE to the bill H.R. 2112, supra. Whereas drug abuse and alcohol abuse con- amendment SA 738 proposed by Mr. INOUYE SA 880. Mr. WYDEN submitted an amend- tribute to domestic violence and sexual as- to the bill H.R. 2112, supra; which was or- ment intended to be proposed to amendment sault and place the lives of children at risk; dered to lie on the table. SA 738 proposed by Mr. INOUYE to the bill Whereas, between 1998 and 2008, the per- SA 865. Mr. BROWN of Ohio submitted an H.R. 2112, supra; which was ordered to lie on centages of admissions to substance abuse amendment intended to be proposed to the table. treatment programs as a result of the abuse amendment SA 738 proposed by Mr. INOUYE SA 881. Mr. WYDEN submitted an amend- of marijuana and methamphetamines rose to the bill H.R. 2112, supra; which was or- ment intended to be proposed to amendment significantly; dered to lie on the table. SA 765 submitted by Mr. DEMINT and in- Whereas drug dealers specifically target SA 866. Mr. CASEY (for himself and Mrs. tended to be proposed to the bill H.R. 2112, children by marketing illicit drugs that MCCASKILL) submitted an amendment in- supra; which was ordered to lie on the table. mimic the appearance and names of well- tended to be proposed to amendment SA 738 SA 882. Mr. TESTER submitted an amend- known brand-name candies and foods; proposed by Mr. INOUYE to the bill H.R. 2112, ment intended to be proposed to amendment Whereas emerging drug threats and grow- supra; which was ordered to lie on the table. SA 738 proposed by Mr. INOUYE to the bill ing epidemics demand attention, with par- SA 867. Mr. BINGAMAN (for himself and H.R. 2112, supra; which was ordered to lie on ticular focus on the abuse of prescription Mr. SANDERS) submitted an amendment in- the table. medications, the second most abused drug by tended to be proposed to amendment SA 769 SA 883. Ms. STABENOW (for herself and young people in the United States; proposed by Mr. VITTER to the amendment Mr. BINGAMAN) submitted an amendment in- Whereas since the majority of teenagers SA 738 proposed by Mr. INOUYE to the bill tended to be proposed to amendment SA 769 abusing prescription drugs get the prescrip- H.R. 2112, supra; which was ordered to lie on proposed by Mr. VITTER to the amendment tion drugs from family, friends, and home the table. SA 738 proposed by Mr. INOUYE to the bill medicine cabinets, the Drug Enforcement SA 868. Mr. CARDIN (for himself and Mr. H.R. 2112, supra; which was ordered to lie on Administration will host a National Take GRAHAM) submitted an amendment intended the table. Back Day on October 29, 2011, for the public to be proposed by him to the bill H.R. 2112, SA 884. Mr. VITTER submitted an amend- to safely dispose of unused or expired pre- supra; which was ordered to lie on the table. ment intended to be proposed by him to the scription medications that can lead to acci- SA 869. Mrs. GILLIBRAND (for herself, Mr. bill H.R. 2112, supra; which was ordered to lie dental poisoning, overdose, and abuse; and SCHUMER, Mr. LEAHY, Mr. CASEY, and Mr. on the table.

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SA 885. Mr. BEGICH (for himself, Mr. tween Boston, Massachusetts, and Portland, (B) CASH REQUIREMENT.—Not less than 60 COBURN, Mr. UDALL of Colorado, Mr. BENNET, Maine. percent of the matching requirement de- Mr. ENZI, and Mr. BURR) submitted an scribed in subparagraph (A) shall be in cash. amendment intended to be proposed by him SA 859. Mr. PORTMAN submitted an (C) IN-KIND CONTRIBUTIONS.—No more than to the bill H.R. 2112, supra; which was or- amendment intended to be proposed by 40 percent of the matching requirement de- dered to lie on the table. him to the bill H.R. 2112, making ap- scribed in subparagraph (A) may be in-kind SA 886. Mr. BAUCUS (for himself, Ms. STA- propriations for Agriculture, Rural De- contributions. In this subparagraph, the BENOW, and Mr. BROWN of Ohio) submitted an velopment, Food and Drug Administra- term ‘‘ ‘in-kind contributions’ ’’ means legal or other related professional services and of- amendment intended to be proposed by him tion, and Related Agencies programs to the bill H.R. 2112, supra; which was or- fice space that directly relate to the purpose dered to lie on the table. for the fiscal year ending September 30, for which the grant was awarded. SA 887. Mr. MERKLEY (for himself and Mr. 2012, and for other purposes; which was (7) NONPROFIT ORGANIZATION REQUIRE- BROWN of Massachusetts) submitted an ordered to lie on the table; as follows: MENTS.— amendment intended to be proposed to Strike section 125 of title I of division C. (A) DEFINITION.—For purposes of this sec- amendment SA 738 proposed by Mr. INOUYE tion and the grant programs described in to the bill H.R. 2112, supra; which was or- SA 860. Mr. GRASSLEY submitted an this Act, the term ‘‘nonprofit organization’’ dered to lie on the table. amendment intended to be proposed to means an organization that is described in SA 888. Ms. MURKOWSKI (for herself and amendment SA 738 proposed by Mr. section 501(c)(3) of the Internal Revenue Code Mr. BEGICH) submitted an amendment in- of 1986 and is exempt from taxation under INOUYE to the bill H.R. 2112, making ap- section 501(a) of such Code. tended to be proposed by her to the bill H.R. propriations for Agriculture, Rural De- 2112, supra; which was ordered to lie on the (B) PROHIBITION.—The Attorney General table. velopment, Food and Drug Administra- may not award a grant using funds made SA 889. Mr. BROWN of Massachusetts (for tion, and Related Agencies programs available under this Act to a nonprofit orga- himself and Mr. KERRY) submitted an amend- for the fiscal year ending September 30, nization that holds money in offshore ac- ment intended to be proposed by him to the 2012, and for other purposes; which was counts for the purpose of avoiding paying the bill H.R. 2112, supra; which was ordered to lie ordered to lie on the table; as follows: tax described in section 511(a) of the Internal on the table. Revenue Code of 1986. After section 217 of title II of division B, (C) DISCLOSURE.—Each nonprofit organiza- SA 890. Mr. BURR (for himself and Mr. insert the following: COBURN) submitted an amendment intended tion that is awarded a grant using funds SEC. 218. (a) OVERSIGHT OF DEPARTMENT OF made available under this Act and uses the to be proposed by him to the bill H.R. 2112, JUSTICE PROGRAMS.—All grants awarded by supra; which was ordered to lie on the table. procedures prescribed in regulations to cre- the Attorney General using funds made ate a rebuttable presumption of reasonable- SA 891. Mr. BURR (for himself, Ms. KLO- available under this Act shall be subject to ness for the compensation of its officers, di- BUCHAR, and Mr. BENNET) submitted an the following accountability provisions: amendment intended to be proposed by him rectors, trustees and key employees, shall (1) AUDIT REQUIREMENT.—Beginning in fis- disclose to the Attorney General, in the ap- to the bill H.R. 2112, supra; which was or- cal year 2012, and in each fiscal year there- dered to lie on the table. plication for the grant, the process for deter- after, the Inspector General of the Depart- mining such compensation, including the SA 892. Mr. MCCAIN submitted an amend- ment of Justice shall conduct an audit of not independent persons involved in reviewing ment intended to be proposed by him to the fewer than 10 percent of all recipients of and approving such compensation, the com- bill H.R. 2112, supra; which was ordered to lie grants using funds made available under this parability data used, and contemporaneous on the table. Act to prevent waste, fraud, and abuse of substantiation of the deliberation and deci- SA 893. Ms. CANTWELL (for herself, Ms. funds by grantees. sion. Upon request, the Attorney General MURKOWSKI, and Mr. BEGICH) submitted an (2) MANDATORY EXCLUSION.—A recipient of shall make the information disclosed under amendment intended to be proposed by her a grant awarded by the Attorney General this subsection available for public inspec- to the bill H.R. 2112, supra; which was or- using funds made available under this Act tion. dered to lie on the table. that is found to have an unresolved audit (8) ADMINISTRATIVE EXPENSES.—Unless oth- SA 894. Mr. CARDIN submitted an amend- finding shall not be eligible to receive any erwise explicitly provided in authorizing leg- ment intended to be proposed by him to the grant funds under a grant program adminis- islation, not more than 8 percent of the bill H.R. 2112, supra; which was ordered to lie tered by the Attorney General during the 2 amounts appropriated under this Act may be on the table. fiscal years beginning after the 6-month pe- used by the Attorney General for salaries SA 895. Mr. RUBIO submitted an amend- riod described in paragraph (5). and administrative expenses of the Depart- ment intended to be proposed to amendment (3) PRIORITY.—In awarding grants using ment of Justice. SA 738 proposed by Mr. INOUYE to the bill funds made available under this Act, the At- (9) CONFERENCE EXPENDITURES.— H.R. 2112, supra; which was ordered to lie on torney General shall give priority to eligible (A) LIMITATION.—No amounts appropriated the table. entities that, during the 3 fiscal years before to the Department of Justice under title II of f submitting an application for a grant, did division B of this Act may be used by the At- not have an unresolved audit finding show- torney General, or by any individual or orga- TEXT OF AMENDMENTS ing a violation in the terms or conditions of nization awarded funds under this Act, to a Department of Justice grant program. SA 858. Mr. BINGAMAN (for himself, host or support any expenditure for con- (4) REIMBURSEMENT.—If an entity is award- ferences, unless the Deputy Attorney Gen- Mr. UDALL of New Mexico, and Ms. ed grant funds by the Attorney General eral or the appropriate Assistant Attorney COLLINS) submitted an amendment in- using funds made available under this Act General provides prior written authorization tended to be proposed by her to the bill during the 2-fiscal-year period in which the that the funds may be expended to host a H.R. 2112, making appropriations for entity is barred from receiving grants under conference. Agriculture, Rural Development, Food paragraph (2), the Attorney General shall— (B) WRITTEN APPROVAL.—Written approval and Drug Administration, and Related (A) deposit an amount equal to the grant under subparagraph (A) may not be dele- Agencies programs for the fiscal year funds that were improperly awarded to the gated and shall include a written estimate of ending September 30, 2012, and for grantee into the General Fund of the Treas- all costs associated with the conference, in- ury; and cluding the cost of all food and beverages, other purposes; which was ordered to (B) seek to recoup the costs of the repay- audio/visual equipment, honoraria for speak- lie on the table; as follows: ment to the fund from the grant recipient ers, and any entertainment. On page 247, between lines 16 and 17, insert that was erroneously awarded grant funds. (C) REPORT.—The Deputy Attorney General the following: (5) DEFINED TERM.—In this subsection, the shall submit an annual report to the Com- SEC. 1ll. Notwithstanding any other pro- term ‘‘unresolved audit finding’’ means an mittee on the Judiciary of the Senate and vision of law, the States of New Mexico and audit report finding, statement, or rec- the Committee on the Judiciary of the House Maine may use amounts apportioned to the ommendation that the grantee has utilized of Representatives on all conference expendi- States under section 104(b)(2) of title 23, grant funds for an unauthorized expenditure tures approved and denied. United States Code, for the congestion miti- or otherwise unallowable cost that is not (10) PROHIBITION ON LOBBYING ACTIVITY.— gation and air quality improvement program closed or resolved within a 6-month period (A) IN GENERAL.—Amounts appropriated authorized under section 149 of title 23, beginning on the date of an initial notifica- under this Act may not be utilized by any United States Code, to support the operation tion of the finding or recommendation. grant recipient to— of— (6) MATCHING REQUIREMENT.— (i) lobby any representative of the Depart- (1) with respect to amounts apportioned to (A) IN GENERAL.—Unless otherwise explic- ment of Justice regarding the award of grant the State of New Mexico, commuter rail itly provided in authorizing legislation, no funding; or service between Belen, New Mexico and funds may be expended for grants to non-fed- (ii) lobby any representative of the Federal Santa Fe, New Mexico; and eral entities until a 25 percent non-Federal Government or a State, local, or tribal gov- (2) with respect to amounts apportioned to match has been secured by the grantee to ernment regarding the award of grant fund- the State of Maine, passenger rail service be- carry out this subsection. ing.

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(B) PENALTY.—If the Attorney General de- management of the America’s Cup sailing (b) PROHIBITION OF FUNDS FOR FORUMS RE- termines that any recipient of a grant under competitions. LATING TO CLIMATE SCIENCE.—No funds made this Act has violated subparagraph (A), the (3) ELIGIBILITY CERTIFICATION.—The term available under this Act shall be used for any Attorney General shall— ‘‘Eligibility Certification’’ means a certifi- employee of an agency to participate in any (i) require the grant recipient to repay the cation issued under subsection (d). electronic forum that relates to climate grant in full; and (4) ELIGIBLE VESSEL.—The term ‘‘eligible science, earth temperature records, or (ii) prohibit the grant recipient from re- vessel’’ means a competing vessel or sup- weather analysis, unless— ceiving another grant under this Act for not porting vessel of any registry that— (1) that employee makes a separate, inter- less than 5 years. (A) is recognized by America’s Cup Race nal record of all actions taken and all com- (11) ANNUAL CERTIFICATION.—Beginning in Management as an official competing vessel, munications produced, sent, or received by the first fiscal year beginning after the date or supporting vessel of, the 34th America’s that employee relating to that forum; of the enactment of this Act, the Assistant Cup, as evidenced in writing to the Adminis- (2) in the case of written records, the sepa- Attorney General for the Office of Justice trator of the Maritime Administration of the rate record is in the form of a duplicate Programs, the Director of the Office on Vio- Department of Transportation; copy; lence Against Women, and the Director of (B) transports not more than 25 individ- (3) in the case of an audio or video con- the Office of Community Oriented Policing uals, in addition to the crew; ference, the separate record is in the form of Services shall submit, to Committee on the (C) is not a ferry (as defined under section a transcription or minutes; Judiciary of the Senate, the Committee on 2101(10b) of title 46, United States Code; (4) all such records described under para- Appropriations of the Senate, the Committee (D) does not transport individuals in point- graph (3) are maintained in a fashion that— on the Judiciary of the House of Representa- to-point service for hire; and (A) identifies the date and forum for which tives, and the Committee on Appropriations (E) does not transport merchandise be- the record was created; of the House of Representatives, an annual tween ports in the United States. (B) identifies the parties involved; and certification that— (5) SUPPORTING VESSEL.—The term ‘‘sup- (C) fully and accurately summarizes the (A) all audits issued by the Office of the In- porting vessel’’ means a vessel that is oper- entire communication; and spector General under paragraph (1) have ating in support of the 34th America’s Cup (5) all such records are subject to section been completed and reviewed by the Assist- by— 552 of title 5, United States Code. (c) PROHIBITION OF FUNDS FOR CERTAIN FO- ant Attorney General for the Office of Jus- (A) positioning a competing vessel on the RUMS WITH THE INTERGOVERNMENTAL PANEL tice Programs; race course; ON CLIMATE CHANGE.—No funds made avail- (B) all mandatory exclusions required (B) transporting equipment and supplies able under this Act may be used for any em- under paragraph (2) have been issued; utilized for the staging, operations, or broad- ployee of an agency to participate in any (C) all reimbursements required under cast of the competition; or password-protected electronic forum that in- paragraph (4) have been made; and (C) transporting individuals who— volves the participation in a process or pro- (D) includes a list of any grant recipients (i) have not purchased tickets or directly duction of the Intergovernmental Panel on excluded under paragraph (2) from the pre- paid for their passage; and Climate Change. vious year. (ii) who are engaged in the staging, oper- (d) RECORDS OF COMMUNICATIONS WITH THE (b) USE OF FUNDS.—The Office of the In- ations, or broadcast of the competition, race INTERGOVERNMENTAL PANEL ON CLIMATE spector General shall conduct the audits de- team personnel, members of the media, or CHANGE.— scribed in subsection (a) using the funds ap- event sponsors. (1) RECORDS REQUIREMENT.—Any employee propriated to the Office of the Inspector Gen- (d) CERTIFICATION.— of an agency shall make a record of any com- eral under this Act. (1) REQUIREMENT.—A vessel may not oper- munication with any employee, chair, au- ate under subsection (b) unless the vessel has thor, review editor, Technical Support Unit SA 861. Mrs. FEINSTEIN submitted received an Eligibility Certification. staff or member of another nation’s delega- an amendment intended to be proposed (2) ISSUANCE.—The Administrator of the tion to the Intergovernmental Panel on Cli- to amendment SA 738 proposed by Mr. Maritime Administration of the Department mate Change, on matters relating to work or INOUYE to the bill H.R. 2112, making ap- of Transportation is authorized to issue an proceedings of the Intergovernmental Panel propriations for Agriculture, Rural De- Eligibility Certification with respect to any on Climate Change. velopment, Food and Drug Administra- vessel that the Administrator determines, in (2) FOIA.—Section 552 of title 5, United his or her sole discretion, meets the require- tion, and Related Agencies programs States Code, shall apply to any record de- ments set forth in subsection (c)(4). scribed under paragraph (1). for the fiscal year ending September 30, (e) ENFORCEMENT.—Notwithstanding sec- (e) DISCLOSURE OF RECORDS BY THE NA- 2012, and for other purposes; which was tions 55102, 55103, and 55111 of title 46, United TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- ordered to lie on the table; as follows: States Code, an Eligibility Certification TRATION.—Notwithstanding any other provi- On page 275, between lines 12 and 13, insert shall be conclusive evidence to the Secretary sion of law, including section 552 of title 5, the following: of the Department of Homeland Security of United States Code, not later than 30 days SEC. 172. AMERICA’S CUP. the qualification of the vessel for which it after the date of enactment of this Act, the has been issued to participate in the 34th National Oceanic and Atmospheric Adminis- (a) SHORT TITLE.—This section may be cited as the ‘‘America’s Cup Act of 2011’’. America’s Cup as a competing vessel or a tration shall disclose all records relating to the National Oceanic and Atmospheric Ad- (b) IN GENERAL.—Notwithstanding sections supporting vessel. 55102, 55103, and 55111 of title 46, United (f) PENALTY.—Any vessel participating in ministration FOIA request numbers: 2007– 00342, 2007–00354, 2007–00355, and 2007–00364, States Code, an eligible vessel, operating the 34th America’s Cup as a competing vessel and 2010–00199 in an unredacted form. only in preparation for, or in connection or supporting vessel that has not received an (f) DISCLOSURE OF RECORDS BY THE NA- with, the 34th America’s Cup competition, Eligibility Certification or is not in compli- TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- may position competing vessels and may ance with section 12112 of title 46, United States Code, shall be subject to the applica- TRATION.—Notwithstanding any other provi- transport individuals and equipment and sion of law, including section 552 of title 5, supplies utilized for the staging, operations, ble penalties provided in chapters 121 and 551 of title 46, United States Code. United States Code, not later than 30 days or broadcast of the competition from and after the date of enactment of this Act, the around the ports in the United States. SA 862. Mr. VITTER (for himself and National Oceanic and Atmospheric Adminis- (c) DEFINITIONS.—In this section: tration shall disclose and publish on its Mr. BARRASSO) submitted an amend- (1) 34TH AMERICA’S CUP.—The term ‘‘34th website under a separate heading and page America’s Cup’’— ment intended to be proposed by him all records produced on, sent to, or made (A) means the sailing competitions, com- to the bill H.R. 2112, making appropria- available to any employee on a password- mencing in 2011, to be held in the United tions for Agriculture, Rural Develop- protected website used for purposes relating States in response to the challenge to the de- ment, Food and Drug Administration, to the Intergovernmental Panel on Climate fending team from the United States, in ac- and Related Agencies programs for the Change. cordance with the terms of the America’s fiscal year ending September 30, 2012, Cup governing Deed of Gift, dated October 24, SA 863. Mr. MERKLEY (for himself and for other purposes; which was or- 1887; and and Mr. SCHUMER) submitted an (B) if a United States yacht club success- dered to lie on the table; as follows: amendment intended to be proposed to fully defends the America’s Cup, includes ad- At the appropriate place, insert the fol- amendment SA 738 proposed by Mr. ditional sailing competitions conducted by lowing: INOUYE to the bill H.R. 2112, making ap- America’s Cup Race Management during the SEC. lll. PROHIBITION OF FUNDS FOR CER- propriations for Agriculture, Rural De- 1-year period beginning on the last date of TAIN FORUMS AND DISCLOSURE RE- such defense. QUIREMENTS. velopment, Food and Drug Administra- (2) AMERICA’S CUP RACE MANAGEMENT.—The (a) DEFINITIONS.—In this section, the terms tion, and Related Agencies programs term ‘‘America’s Cup Race Management’’ ‘‘agency’’ and ‘‘record’’ have the meanings for the fiscal year ending September 30, means the entity established to provide for given under section 552(f) (1) and (2) of title 2012, and for other purposes; which was independent, professional, and neutral race 5, United States Code, respectively. ordered to lie on the table; as follows:

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.061 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6772 CONGRESSIONAL RECORD — SENATE October 19, 2011 On page 85, line 12, strike ‘‘3302:’’ and in- House of Representatives for the 112th Con- bus Crime Control and Safe Streets Act of sert ‘‘3302: Provided, That not less than gress. 1968 (42 U.S.C. 3796b(6)). $12,000,000 shall be for the Office of China (b) OBLIGATION OF FUNDING.— (5) NETWORK.—The term ‘‘network’’ means Compliance, and not less than $4,400,000 shall (1) IN GENERAL.—Notwithstanding any the Blue Alert communications network es- be for the China Countervailing Duty other provision of law, funds made available tablished by the Attorney General under sec- Group:’’. from the Highway Trust Fund through an tion 603. earmark to carry out a highway project (6) STATE.—The term ‘‘State’’ means each SA 864. Mr. MERKLEY submitted an under title 23, United States Code, shall be of the 50 States, the District of Columbia, amendment intended to be proposed to obligated for the earmarked project by not the Commonwealth of Puerto Rico, the amendment SA 738 proposed by Mr. later than 3 years after the date on which United States Virgin Islands, Guam, Amer- INOUYE to the bill H.R. 2112, making ap- the earmarked funds are first made avail- ican Samoa, and the Commonwealth of the propriations for Agriculture, Rural De- able. Northern Mariana Islands. velopment, Food and Drug Administra- (2) RETURN AND REDISTRIBUTION.—Funds de- SEC. 603. BLUE ALERT COMMUNICATIONS NET- WORK. tion, and Related Agencies programs scribed in paragraph (1) that are not obli- gated by the deadline specified in that para- The Attorney General shall establish a na- for the fiscal year ending September 30, graph shall be— tional Blue Alert communications network 2012, and for other purposes; which was (A) released to the State transportation within the Department of Justice to issue ordered to lie on the table; as follows: department of the State with jurisdiction Blue Alerts through the initiation, facilita- On page 85, beginning on line 9, strike over the original recipient of the earmark; tion, and promotion of Blue Alert plans, in ‘‘$441,104,000’’ and all that follows through and coordination with States, units of local gov- ‘‘3302:’’ on line 12, and insert ‘‘$460,106,000, to (B) redistributed by the State for expedi- ernment, law enforcement agencies, and remain available until September 30, 2013, of tious use for other federally approved trans- other appropriate entities. which $9,439,000 is to be derived from fees to portation projects in the State. SEC. 604. BLUE ALERT COORDINATOR; GUIDE- be retained and used by the International LINES. Trade Administration, notwithstanding 31 SA 867. Mr. BINGAMAN (for himself (a) COORDINATION WITHIN DEPARTMENT OF JUSTICE.—The Attorney General shall assign U.S.C. 3302: Provided, That not less than and Mr. SANDERS) submitted an amend- $20,000,000 shall be for the Office of China an existing officer of the Department of Jus- ment intended to be proposed to tice to act as the national coordinator of the Compliance, and not less than $4,400,000 shall amendment SA 769 proposed by Mr. be for the China Countervailing Duty Blue Alert communications network. VITTER to the amendment SA 738 pro- (b) DUTIES OF THE COORDINATOR.—The Co- Group:’’. posed by Mr. INOUYE to the bill H.R. ordinator shall— On page 191, line 20, strike ‘‘$620,000,000’’ (1) provide assistance to States and units and insert ‘‘$640,000,000’’. 2112, making appropriations for Agri- culture, Rural Development, Food and of local government that are using Blue Alert plans; SA 865. Mr. BROWN of Ohio sub- Drug Administration, and Related (2) establish voluntary guidelines for mitted an amendment intended to be Agencies programs for the fiscal year States and units of local government to use proposed to amendment SA 738 pro- ending September 30, 2012, and for in developing Blue Alert plans that will pro- posed by Mr. INOUYE to the bill H.R. other purposes; which was ordered to mote compatible and integrated Blue Alert 2112, making appropriations for Agri- lie on the table; as follows: plans throughout the United States, includ- culture, Rural Development, Food and On page 1 of the amendment, strike line 10 ing— Drug Administration, and Related and insert the following: ‘‘Act and none of (A) a list of the resources necessary to es- Agencies programs for the fiscal year the funds made available in this Act for the tablish a Blue Alert plan; ending September 30, 2012, and for Food and Drug Administration shall be used (B) criteria for evaluating whether a situa- to change the practices and policies of the tion warrants issuing a Blue Alert; other purposes; which was ordered to (C) guidelines to protect the privacy, dig- lie on the table; as follows: Food and Drug Administration, in effect on October 1, 2011, with respect to the importa- nity, independence, and autonomy of any law On page 173, beginning on line 7, strike tion of prescription drugs into the United enforcement officer who may be the subject ‘‘$46,775,000’’ and all that follows through the States by an individual, on the person of of a Blue Alert and the family of the law en- period on line 10, and insert ‘‘$51,251,000, of such individual, for personal use, with re- forcement officer; which $1,000,000 shall remain available until spect to such importation by individuals (D) guidelines that a Blue Alert should expended: Provided, That not to exceed from countries other than Canada.’’. only be issued with respect to a law enforce- $93,000 shall be available for official recep- ment officer if— tion and representation expenses: Provided SA 868. Mr. CARDIN (for himself and (i) the law enforcement agency involved— further, That not more than $4,476,000 shall Mr. GRAHAM) submitted an amendment (I) confirms— be available to investigate policies of the (aa) the death or serious injury of the law Government of the People’s Republic of intended to be proposed by him to the bill H.R. 2112, making appropriations enforcement officer; or China that provide subsidies to solar pro- (bb) the attack on the law enforcement of- ducers in China, that impose restrictions on for Agriculture, Rural Development, ficer and that there is an indication of the the exportation of certain rare earth metals Food and Drug Administration, and death or serious injury of the officer; or from China, and that potentially violate Related Agencies programs for the fis- (II) concludes that the law enforcement of- international commitments by the Govern- cal year ending September 30, 2012, and ficer is missing in the line of duty; ment of China, and to seek the elimination for other purposes; which was ordered (ii) there is an indication of serious injury of those harmful policies, including through to lie on the table; as follows: to or death of the law enforcement officer; the dispute settlement procedures of the (iii) the suspect involved has not been ap- On page 209, between lines 2 and 3, insert World Trade Organization.’’. prehended; and the following: (iv) there is sufficient descriptive informa- SA 866. Mr. CASEY (for himself and TITLE VI—NATIONAL BLUE ALERT tion of the suspect involved and any relevant Mrs. MCCASKILL) submitted an amend- SEC. 601. SHORT TITLE. vehicle and tag numbers; ment intended to be proposed to This title may be cited as the ‘‘National (E) guidelines— amendment SA 738 proposed by Mr. Blue Alert Act of 2011’’. (i) that information relating to a law en- INOUYE to the bill H.R. 2112, making ap- SEC. 602. DEFINITIONS. forcement officer who is seriously injured or propriations for Agriculture, Rural De- In this title: killed in the line of duty should be provided velopment, Food and Drug Administra- (1) COORDINATOR.—The term ‘‘Coordinator’’ to the National Crime Information Center means the Blue Alert Coordinator of the De- database operated by the Federal Bureau of tion, and Related Agencies programs partment of Justice designated under section Investigation under section 534 of title 28, for the fiscal year ending September 30, 604(a). United States Code, and any relevant crime 2012, and for other purposes; which was (2) BLUE ALERT.—The term ‘‘Blue Alert’’ information repository of the State involved; ordered to lie on the table; as follows: means information relating to the serious in- (ii) that a Blue Alert should, to the max- On page 388, between lines 14 and 15, insert jury or death of a law enforcement officer in imum extent practicable (as determined by the following: the line of duty sent through the network. the Coordinator in consultation with law en- SEC. 4ll. (a) DEFINITION OF EARMARK.—In (3) BLUE ALERT PLAN.—The term ‘‘Blue forcement agencies of States and units of this section, the term ‘‘earmark’’ means— Alert plan’’ means the plan of a State, unit local governments), be limited to the geo- (1) a congressionally directed spending of local government, or Federal agency par- graphic areas most likely to facilitate the item, as defined in clause 5(a) of rule XLIV of ticipating in the network for the dissemina- apprehension of the suspect involved or the rules of the Senate for the 112th Con- tion of information received as a Blue Alert. which the suspect could reasonably reach, gress; or (4) LAW ENFORCEMENT OFFICER.—The term which should not be limited to State lines; (2) a congressional earmark, as defined in ‘‘law enforcement officer’’ shall have the (iii) for law enforcement agencies of States clause 9(d) of rule XXI of the rules of the same meaning as in section 1204 of the Omni- or units of local government to develop plans

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to communicate information to neighboring (A) provide mechanisms that ensure that SEC. ll. (a) Notwithstanding any other States to provide for seamless communica- Blue Alerts comply with all applicable Fed- provision of this Act— tion of a Blue Alert; and eral, State, and local privacy laws and regu- (1) the amount provided under section 732 (iv) providing that a Blue Alert should be lations; and for the emergency conservation program for suspended when the suspect involved is ap- (B) include standards that specifically pro- expenses resulting from a major disaster des- prehended or when the law enforcement vide for the protection of the civil liberties, ignation pursuant to the Robert T. Stafford agency involved determines that the Blue including the privacy, of law enforcement of- Disaster Relief and Emergency Assistance Alert is no longer effective; and ficers who are seriously injured or killed in Act (42 U.S.C. 5122(2)) is increased by (F) guidelines for— the line of duty and the families of the offi- $48,700,000; and (i) the issuance of Blue Alerts through the cers. (2) the amount provided under section 732 network; and (d) COOPERATION WITH OTHER AGENCIES.— for the emergency watershed protection pro- (ii) the extent of the dissemination of The Coordinator shall cooperate with the gram for expenses resulting from a major alerts issued through the network; Secretary of Homeland Security, the Sec- disaster designation pursuant to the Robert (3) develop protocols for efforts to appre- retary of Transportation, the Chairman of T. Stafford Disaster Relief and Emergency hend suspects that address activities during the Federal Communications Commission, Assistance Act (42 U.S.C. 5122(2)) is increased the period beginning at the time of the ini- and appropriate offices of the Department of by $61,200,000. tial notification of a law enforcement agency Justice in carrying out activities under this (b) The additional amounts provided under that a suspect has not been apprehended and title. subsection (a)— ending at the time of apprehension of a sus- (e) RESTRICTIONS ON COORDINATOR.—The (1) are designated by Congress as being for pect or when the law enforcement agency in- Coordinator may not— disaster relief pursuant to section volved determines that the Blue Alert is no (1) perform any official travel for the sole 251(b)(2)(D) of the Balanced Budget and longer effective, including protocols regu- purpose of carrying out the duties of the Co- Emergency Deficit Control Act of 1985 (2 lating— ordinator; U.S.C. 901(b)(2)(D)); (A) the use of public safety communica- (2) lobby any officer of a State regarding (2) are subject to the same terms and con- tions; the funding or implementation of a Blue ditions as any other amounts provided under (B) command center operations; and Alert plan; or section 732 for the same purposes; and (C) incident review, evaluation, debriefing, (3) host a conference focused solely on the (3) shall remain available until expended. and public information procedures; Blue Alert program that requires the expend- (4) work with States to ensure appropriate iture of Federal funds. SA 870. Mr. KYL (for himself, Mr. (f) REPORTS.—Not later than 1 year after regional coordination of various elements of the date of enactment of this title, and annu- MCCAIN, and Mr. CORNYN) submitted an the network; ally thereafter, the Coordinator shall submit amendment intended to be proposed to (5) establish an advisory group to assist to Congress a report on the activities of the amendment SA 738 proposed by Mr. States, units of local government, law en- Coordinator and the effectiveness and status INOUYE to the bill H.R. 2112, making ap- forcement agencies, and other entities in- of the Blue Alert plans that are in effect or propriations for Agriculture, Rural De- volved in the network with initiating, facili- being developed. tating, and promoting Blue Alert plans, velopment, Food and Drug Administra- SEC. 605. GRANT PROGRAM FOR SUPPORT OF tion, and Related Agencies programs which shall include— BLUE ALERT PLANS. (A) to the maximum extent practicable, Section 1701(b) of title I of the Omnibus for the fiscal year ending September 30, representation from the various geographic Crime Control and Safe Streets Act of 1968 2012, and for other purposes; which was regions of the United States; and (42 U.S.C. 3796dd(b)) is amended— ordered to lie on the table; as follows: (B) members who are— (1) in paragraph (16), by striking ‘‘and’’ at Beginning on page 117, strike line 13 and (i) representatives of a law enforcement or- the end; all that follows through page 118, line 2, and ganization representing rank-and-file offi- (2) by redesignating paragraph (17) as para- insert the following: cers; graph (18); and UNITED STATES MARSHALS SERVICE (ii) representatives of other law enforce- (3) by inserting after paragraph (16) the fol- ment agencies and public safety communica- lowing: SALARIES AND EXPENSES tions; ‘‘(17) to assist a State in the development For necessary expenses of the United (iii) broadcasters, first responders, dis- or enhancement of programs and activities States Marshals Service, $1,121,041,000; of patchers, and radio station personnel; and in support of a Blue Alert plan and the net- which not to exceed $20,000,000 shall be avail- (iv) representatives of any other individ- work (as those terms are defined in section 2 able for necessary expenses for increased uals or organizations that the Coordinator of the National Blue Alert Act of 2011), in- deputy marshals and staff related to South- determines are necessary to the success of cluding— west border enforcement until September 30, the network; ‘‘(A) developing and implementing edu- 2012; of which not to exceed $6,000 shall be (6) act as the nationwide point of contact cation and training programs, and associated available for official reception and represen- for— materials, relating to Blue Alert plans; tation expenses; and of which not to exceed (A) the development of the network; and ‘‘(B) developing and implementing law en- $20,000,000 shall remain available until ex- (B) regional coordination of Blue Alerts forcement programs, and associated equip- pended. through the network; and ment, relating to Blue Alert plans; and CONSTRUCTION (7) determine— ‘‘(C) developing and implementing new For construction in space controlled, occu- (A) what procedures and practices are in technologies to improve the communication pied, or utilized by the United States Mar- use for notifying law enforcement and the of Blue Alerts; and.’’. shals Service for prisoner holding and re- public when a law enforcement officer is SEC. 606. AUTHORIZATION OF APPROPRIATIONS. lated support, $28,500,000, which shall remain killed or seriously injured in the line of Section 1001(a)(11) of the Omnibus Crime available until expended; of which not less duty; and Control and Safe Streets Act of 1968 is than $9,696,000 shall be available for the costs (B) which of the procedures and practices amended by adding at the end the following: of courthouse security equipment, including are effective and that do not require the ex- ‘‘(C)(i) Of amounts authorized to be appro- furnishings, relocations, and telephone sys- penditure of additional resources to imple- priated to carry out part Q in any fiscal tems and cabling; of which $15,000,000 shall ment. year, $10,000,000 is authorized to be appro- be available for detention upgrades at Fed- (c) LIMITATIONS.— priated for grants for the purposes described eral courthouses located in the Southwest (1) VOLUNTARY PARTICIPATION.—The guide- in section 1701(b)(17). border region; and of which not less than lines established under subsection (b)(2), pro- ‘‘(ii) Amounts appropriated pursuant to $1,500,000 shall be available for the costs of tocols developed under subsection (b)(3), and clause (i) shall remain available until ex- courthouse security equipment, including other programs established under subsection pended.’’. electronic security devices, telephone sys- (b), shall not be mandatory. tems, and cabling at Federal courthouses lo- (2) DISSEMINATION OF INFORMATION.—The SA 869. Mrs. GILLIBRAND (for her- cated in the Southwest border region. guidelines established under subsection (b)(2) self and Mr. SCHUMER) submitted an OFFSET shall, to the maximum extent practicable (as amendment intended to be proposed by determined by the Coordinator in consulta- her to the bill H.R. 2112, making appro- Notwithstanding any other provision of this Act, the total amount appropriated tion with law enforcement agencies of States priations for Agriculture, Rural Devel- and units of local government), provide that under this Act (except for the amounts ap- opment, Food and Drug Administra- propriated under title II of this division and appropriate information relating to a Blue tion, and Related Agencies programs Alert is disseminated to the appropriate offi- title I of division C) shall be reduced on a pro cials of law enforcement agencies, public for the fiscal year ending September 30, rata basis by $36,500,000. health agencies, and other agencies. 2012, and for other purposes; which was (3) PRIVACY AND CIVIL LIBERTIES PROTEC- ordered to lie on the table; as follows: SA 871. Mr. BEGICH (for himself and TIONS.—The guidelines established under On page 83, between lines 9 and 10, insert Mr. COBURN) submitted an amendment subsection (b) shall— the following: intended to be proposed by him to the

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.064 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6774 CONGRESSIONAL RECORD — SENATE October 19, 2011 bill H.R. 2112, making appropriations forth in section 42(c) of title 35, United the United States Patent and Trademark Of- for Agriculture, Rural Development, States Code, including all administrative fice Public Enterprise Fund, established and Food and Drug Administration, and operating expenses, determined in the under section 2(b)(2) of the Patent and and Related Agencies programs for the discretion of the Under Secretary to be ordi- Trademark Office Revolving Fund Act of nary and reasonable, incurred by the Under 2011, shall remain available until expended, fiscal year ending September 30, 2012, Secretary and the Director for the continued and may be used only for the purposes speci- and for other purposes; which was or- operation of all services, programs, activi- fied in section 2(b)(4) of such Act.’’. dered to lie on the table; as follows: ties, and duties of the Office relating to pat- On page 108, between lines 22 and 23, insert ents and trademarks, as such services, pro- SA 872. Mrs. GILLIBRAND (for her- the following: grams, activities, and duties are described self and Ms. SNOWE) submitted an PATENT AND TRADEMARK OFFICE FUNDING under— amendment intended to be proposed by SEC. 114. (a) FUNDING.— (i) title 35, United States Code; and her to the bill H.R. 2112, making appro- (1) IN GENERAL.—Section 42 of title 35, (ii) the Trademark Act of 1946; and priations for Agriculture, Rural Devel- United States Code, is amended— (B) all expenses incurred pursuant to any opment, Food and Drug Administra- (A) in subsection (b), by striking ‘‘Patent obligation, representation, or other commit- tion, and Related Agencies programs and Trademark Office Appropriation Ac- ment of the Office. NNUAL REPORT.—Not later than 60 for the fiscal year ending September 30, count’’ and inserting ‘‘United States Patent (c) A days after the end of each fiscal year, the 2012, and for other purposes; which was and Trademark Office Public Enterprise Under Secretary and the Director shall sub- ordered to lie on the table; as follows: Fund’’; mit a report to Congress which shall— On page 83, between lines 20 and 21, insert (B) by striking ‘‘(c)(1)’’ and inserting ‘‘(c)’’; (1) summarize the operations of the Office the following: and for the preceding fiscal year, including finan- SEC. l. None of the funds appropriated or (C) in subsection (c)— cial details and staff levels broken down by otherwise made available by this Act shall (i) in the first sentence— each major activity of the Office; be used to pay the salaries and expenses of (I) by striking ‘‘To the extent’’ and all that (2) detail the operating plan of the Office, personnel to carry out any voluntary dairy follows through ‘‘fees’’ and inserting ‘‘Fees’’; including specific expense and staff needs for market stabilization program. and the upcoming fiscal year; (II) by striking ‘‘shall be collected by and (3) describe the long term modernization SA 873. Mr. REED submitted an shall, subject to paragraph (3), be available plans of the Office; amendment intended to be proposed by to the Director’’ and inserting ‘‘shall be col- (4) set forth details of any progress towards him to the bill H.R. 2112, making ap- lected by the Director and shall be available such modernization plans made in the pre- until expended’’; propriations for Agriculture, Rural De- vious fiscal year; and (ii) by inserting after the first sentence the velopment, Food and Drug Administra- (5) include the results of the most recent following: ‘‘All fees available to the Director tion, and Related Agencies programs audit carried out under subsection (e). under section 31 of the Trademark Act of for the fiscal year ending September 30, (d) ANNUAL SPENDING PLAN.— 1946 shall be used only for the processing of (1) IN GENERAL.—Not later than 30 days 2012, and for other purposes; which was trademark registrations and for other activi- after the beginning of each fiscal year, the ordered to lie on the table; as follows: ties, services, and materials relating to Director shall notify the Committees on Ap- On page 108, between lines 22 and 23, insert trademarks and to cover a proportionate propriations of both Houses of Congress of the following: share of the administrative costs of the Pat- the plan for the obligation and expenditure SEC. 114. Section 302(a)(1)(B) of the Magnu- ent and Trademark Office.’’; and of the total amount of the funds for that fis- son-Stevens Fishery Conservation and Man- (iii) by striking paragraphs (2) and (3). cal year in accordance with section 605 of the agement Act (16 U.S.C. 1852(a)(1)(B)) is (2) EFFECTIVE DATE.—The amendments Science, State, Justice, Commerce, and Re- amended— made by paragraph (1) shall take effect on lated Agencies Appropriations Act, 2006 (1) by inserting ‘‘Rhode Island,’’ after the first day of the first fiscal year that be- (Public Law 109-108; 119 Stat. 2334). ‘‘States of’’; gins after the date of enactment of this Act. (2) CONTENTS.—Each plan under paragraph (2) by striking ‘‘except North Carolina,’’ (b) USPTO REVOLVING FUND.— (1) shall— and inserting ‘‘except North Carolina and (1) DEFINITIONS.—In this subsection— (A) summarize the operations of the Office Rhode Island,’’; (A) the term ‘‘Fund’’ means the United for the current fiscal year, including finan- (3) by striking ‘‘21’’ and inserting ‘‘23’’; and States Patent and Trademark Office Public cial details and staff levels with respect to (4) by striking ‘‘13’’ and inserting ‘‘14’’. Enterprise Fund established under paragraph major activities; and (2); (B) detail the operating plan of the Office, SA 874. Mr. BROWN of Ohio (for him- (B) the term ‘‘Director’’ means the Direc- including specific expense and staff needs, self and Mr. SANDERS) submitted an tor of the United States Patent and Trade- for the current fiscal year. amendment intended to be proposed by mark Office; (e) AUDIT.—The Under Secretary shall, on him to the bill H.R. 2112, making ap- (C) the term ‘‘Office’’ means the United an annual basis, provide for an independent propriations for Agriculture, Rural De- States Patent and Trademark Office; and audit of the financial statements of the Of- (D) the term ‘‘Under Secretary’’ means the velopment, Food and Drug Administra- fice. Such audit shall be conducted in ac- tion, and Related Agencies programs Under Secretary of Commerce for Intellec- cordance with generally acceptable account- tual Property. ing procedures. for the fiscal year ending September 30, (2) ESTABLISHMENT.—There is established (f) BUDGET.—The Director shall prepare 2012, and for other purposes; which was in the Treasury of the United States a re- and submit each year to the President a ordered to lie on the table; as follows: volving fund to be known as the ‘‘United business-type budget in a manner, and before On page 333, line 9, strike ‘‘$35,940,000’’ and States Patent and Trademark Office Public a date, as the President prescribes by regula- insert ‘‘$42,500,000’’. Enterprise Fund’’. Any amounts in the Fund tion for the budget program. On page 336, line 1, strike ‘‘$199,035,000’’ and shall be available for use by the Director (g) TECHNICAL AND CONFORMING AMEND- insert ‘‘$192,475,000’’. without fiscal year limitation. MENTS.—Section 11 of the Leahy-Smith (3) DERIVATION OF RESOURCES.—There shall America Invents Act (35 U.S.C. 41 note) is SA 875. Mr. HATCH (for himself, Mr. be deposited into the Fund on or after the ef- amended— INHOFE, Mr. ISAKSON, Mr. CHAMBLISS, fective date of subsection (a)— (1) in subsection (h), by amending para- Ms. AYOTTE, Mr. HOEVEN, Mr. SHELBY, (A) any fees collected under sections 41, 42, graph (3) to read as follows: Mr. MORAN, Mr. NELSON of Nebraska, and 376 of title 35, United States Code, pro- ‘‘(3) DEPOSIT OF FEES.—All fees paid under Mr. JOHANNS, Mr. WICKER, Mr. MCCON- vided that notwithstanding any other provi- this subsection shall be credited to the NELL, Mr. RUBIO, Mr. RISCH, Mrs. sion of law, if such fees are collected by, and United States Patent and Trademark Office payable to, the Director, the Director shall Public Enterprise Fund, established under HUTCHISON, Mr. JOHNSON of Wisconsin, transfer such amounts to the Fund, provided, section 2(b)(2) of the Patent and Trademark Mr. ROBERTS, Mr. BLUNT, Mr. MCCAIN, however, that no funds collected pursuant to Office Revolving Fund Act of 2011, shall re- Ms. COLLINS, Ms. SNOWE, and Mr. section 10(h) of the Leahy-Smith American main available until expended, and may be THUNE) submitted an amendment in- Invents Act (35 U.S.C. 41 note) or section used only for the purposes specified in sec- tended to be proposed to amendment 1(a)(2) of Public Law 111–45 shall be deposited tion 2(b)(4) of such Act.’’; and SA 738 proposed by Mr. INOUYE to the in the Fund; and (2) in subsection (i)— bill H.R. 2112, making appropriations (B) any fees collected under section 31 of (A) in the header, by striking ‘‘APPROPRIA- for Agriculture, Rural Development, the Trademark Act of 1946 (15 U.S.C. 1113). TION ACCOUNT’’; and Food and Drug Administration, and (4) EXPENSES.—Amounts deposited into the (B) by amending paragraph (1)(B) to read Fund under paragraph (2) shall be available, as follows: Related Agencies programs for the fis- without fiscal year limitation, to cover— ‘‘(B) DEPOSIT OF AMOUNTS.—Amounts col- cal year ending September 30, 2012, and (A) all expenses to the extent consistent lected pursuant to the surcharge imposed for other purposes; which was ordered with the limitation on the use of fees set under subparagraph (A) shall be credited to to lie on the table; as follows:

VerDate Mar 15 2010 05:44 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.066 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6775 Beginning on page 121 of the amendment, cohol, Tobacco, Firearms and Explosives to Cuban and Haitian entrants: Provided further, strike line 4 and all that follows through enforce the provisions of chapter 44 of such That the Director of the Federal Prison Sys- page 186, line 19 and insert the following: title, or a review of such an action or pro- tem may accept donated property and serv- For necessary expenses of the Bureau of ceeding; except that this proviso shall not be ices relating to the operation of the prison Alcohol, Tobacco, Firearms and Explosives, construed to prevent: (A) the disclosure of card program from a not-for-profit entity not to exceed $30,000 for official reception statistical information concerning total pro- which has operated such program in the past and representation expenses; for training of duction, importation, and exportation by notwithstanding the fact that such not-for- State and local law enforcement agencies each licensed importer (as defined in section profit entity furnishes services under con- with or without reimbursement, including 921(a)(9) of such title) and licensed manufac- tracts to the Federal Prison System relating training in connection with the training and turer (as defined in section 921(a)(10) of such to the operation of pre-release services, half- acquisition of canines for explosives and fire title); (B) the sharing or exchange of such in- way houses, or other custodial facilities. accelerants detection; and for provision of formation among and between Federal, BUILDINGS AND FACILITIES laboratory assistance to State and local law State, local, or foreign law enforcement For planning, acquisition of sites and con- enforcement agencies, with or without reim- agencies, Federal, State, or local prosecu- struction of new facilities; purchase and ac- bursement, $1,090,292,000, of which not to ex- tors, and Federal national security, intel- quisition of facilities and remodeling, and ceed $1,000,000 shall be available for the pay- ligence, or counterterrorism officials; or (C) equipping of such facilities for penal and cor- ment of attorneys’ fees as provided by sec- the publication of annual statistical reports rectional use, including all necessary ex- tion 924(d)(2) of title 18, United States Code; on products regulated by the Bureau of Alco- penses incident thereto, by contract or force and of which not to exceed $20,000,000 shall hol, Tobacco, Firearms and Explosives, in- account; and constructing, remodeling, and remain available until expended: Pro- cluding total production, importation, and equipping necessary buildings and facilities vided,That no funds appropriated herein or exportation by each licensed importer (as so at existing penal and correctional institu- hereafter shall be available for salaries or defined) and licensed manufacturer (as so de- tions, including all necessary expenses inci- administrative expenses in connection with fined), or statistical aggregate data regard- dent thereto, by contract or force account, consolidating or centralizing, within the De- ing firearms traffickers and trafficking $90,000,000, to remain available until ex- partment of Justice, the records, or any por- channels, or firearms misuse, felons, and pended, of which not less than $66,965,000 tion thereof, of acquisition and disposition of trafficking investigations: Provided further, shall be available only for modernization, firearms maintained by Federal firearms li- That, hereafter, no funds made available by maintenance and repair, and of which not to censees: Provided further, That no funds ap- this or any other Act shall be expended to exceed $14,000,000 shall be available to con- propriated herein or hereafter shall be used promulgate or implement any rule requiring struct areas for inmate work programs: Pro- to pay administrative expenses or the com- a physical inventory of any business licensed vided, That labor of United States prisoners pensation of any officer or employee of the under section 923 of title 18, United States may be used for work performed under this United States to implement an amendment Code: Provided further, That, hereafter, no appropriation: Provided further, That none of or amendments to 27 CFR 478.118 or to funds under this Act may be used to elec- the funds provided under this heading in this change the definition of ‘‘Curios or relics’’ in tronically retrieve information gathered or any prior Act shall be available for the ac- 27 CFR 478.11 or remove any item from ATF pursuant to 18 U.S.C. 923(g)(4) by name or quisition of any facility that is to be used Publication 5300.11 as it existed on January any personal identification code: Provided 1, 1994: Provided further, That none of the wholly or in part for the incarceration or de- further, That, hereafter, no funds authorized tention of any individual detained at Naval funds appropriated herein shall be available or made available under this or any other to investigate or act upon applications for Station, Guantanamo Bay, Cuba, as of June Act may be used to deny any application for 24, 2009. relief from Federal firearms disabilities a license under section 923 of title 18, United FEDERAL PRISON INDUSTRIES, INCORPORATED under 18 U.S.C. 925(c): Provided further, That States Code, or renewal of such a license due The Federal Prison Industries, Incor- such funds shall be available to investigate to a lack of business activity, provided that porated, is hereby authorized to make such and act upon applications filed by corpora- the applicant is otherwise eligible to receive expenditures, within the limits of funds and tions for relief from Federal firearms disabil- such a license, and is eligible to report busi- ities under section 925(c) of title 18, United borrowing authority available, and in accord ness income or to claim an income tax de- States Code: Provided further, That, here- with the law, and to make such contracts duction for business expenses under the In- after, no funds made available by this or any and commitments, without regard to fiscal ternal Revenue Code of 1986. other Act may be used to transfer the func- year limitations as provided by section 9104 tions, missions, or activities of the Bureau of FEDERAL PRISON SYSTEM of title 31, United States Code, as may be Alcohol, Tobacco, Firearms and Explosives SALARIES AND EXPENSES necessary in carrying out the program set to other agencies or Departments in fiscal For necessary expenses of the Federal Pris- forth in the budget for the current fiscal year 2012: Provided further, That, beginning on System for the administration, operation, year for such corporation, including pur- in fiscal year 2012 and thereafter, no funds and maintenance of Federal penal and cor- chase (not to exceed five for replacement appropriated under this or any other Act rectional institutions, including purchase only) and hire of passenger motor vehicles. may be used to disclose part or all of the (not to exceed 835, of which 808 are for re- LIMITATION ON ADMINISTRATIVE EXPENSES, contents of the Firearms Trace System data- placement only) and hire of law enforcement FEDERAL PRISON INDUSTRIES, INCORPORATED base maintained by the National Trace Cen- and passenger motor vehicles, and for the Not to exceed $2,700,000 of the funds of the ter of the Bureau of Alcohol, Tobacco, Fire- provision of technical assistance and advice Federal Prison Industries, Incorporated shall arms and Explosives or any information re- on corrections related issues to foreign gov- be available for its administrative expenses, quired to be kept by licensees pursuant to ernments, $6,589,781,000: Provided, That the and for services as authorized by section 3109 section 923(g) of title 18, United States Code, Attorney General may transfer to the Health of title 5, United States Code, to be com- or required to be reported pursuant to para- Resources and Services Administration such puted on an accrual basis to be determined graphs (3) and (7) of such section 923(g), ex- amounts as may be necessary for direct ex- in accordance with the corporation’s current cept to: (1) a Federal, State, local, or tribal penditures by that Administration for med- prescribed accounting system, and such law enforcement agency, or a Federal, State, ical relief for inmates of Federal penal and amounts shall be exclusive of depreciation, or local prosecutor; or (2) a foreign law en- correctional institutions: Provided further, payment of claims, and expenditures which forcement agency solely in connection with That the Director of the Federal Prison Sys- such accounting system requires to be cap- or for use in a criminal investigation or pros- tem, where necessary, may enter into con- italized or charged to cost of commodities ecution; or (3) a Federal agency for a na- tracts with a fiscal agent or fiscal inter- acquired or produced, including selling and tional security or intelligence purpose; un- mediary claims processor to determine the shipping expenses, and expenses in connec- less such disclosure of such data to any of amounts payable to persons who, on behalf tion with acquisition, construction, oper- the entities described in (1), (2) or (3) of this of the Federal Prison System, furnish health ation, maintenance, improvement, protec- proviso would compromise the identity of services to individuals committed to the cus- tion, or disposition of facilities and other any undercover law enforcement officer or tody of the Federal Prison System: Provided property belonging to the corporation or in confidential informant, or interfere with any further, That not to exceed $4,500 shall be which it has an interest. case under investigation; and no person or available for official reception and represen- STATE AND LOCAL LAW ENFORCEMENT entity described in (1), (2) or (3) shall know- tation expenses: Provided further, That not to ACTIVITIES ingly and publicly disclose such data; and all exceed $50,000,000 shall remain available for such data shall be immune from legal proc- necessary operations until September 30, OFFICE ON VIOLENCE AGAINST WOMEN ess, shall not be subject to subpoena or other 2013: Provided further, That, of the amounts VIOLENCE AGAINST WOMEN PREVENTION AND discovery, shall be inadmissible in evidence, provided for contract confinement, not to ex- PROSECUTION PROGRAMS and shall not be used, relied on, or disclosed ceed $20,000,000 shall remain available until For grants, contracts, cooperative agree- in any manner, nor shall testimony or other expended to make payments in advance for ments, and other assistance for the preven- evidence be permitted based on the data, in grants, contracts and reimbursable agree- tion and prosecution of violence against a civil action in any State (including the ments, and other expenses authorized by sec- women, as authorized by the Omnibus Crime District of Columbia) or Federal court or in tion 501(c) of the Refugee Education Assist- Control and Safe Streets Act of 1968 (42 an administrative proceeding other than a ance Act of 1980 (8 U.S.C. 1522 note), for the U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Vio- proceeding commenced by the Bureau of Al- care and security in the United States of lent Crime Control and Law Enforcement

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.069 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6776 CONGRESSIONAL RECORD — SENATE October 19, 2011 Act of 1994 (Public Law 103–322) (‘‘the 1994 (14) $1,000,000 is for the National Resource Law 109–162) (‘‘the 2005 Act’’); the Adam Act’’); the Victims of Child Abuse Act of 1990 Center on Workplace Responses to assist vic- Walsh Child Protection and Safety Act of (Public Law 101–647) (‘‘the 1990 Act’’); the tims of domestic violence, as authorized by 2006 (Public Law 109–248) (‘‘the Adam Walsh Prosecutorial Remedies and Other Tools to section 41501 of the 1994 Act; Act’’); the Victims of Trafficking and Vio- end the Exploitation of Children Today Act (15) $1,000,000 is for analysis and research lence Protection Act of 2000 (Public Law 106– of 2003 (Public Law 108–21); the Juvenile Jus- on violence against Indian women, as au- 386); the NICS Improvement Amendments thorized by section 904 of the 2005 Act; and tice and Delinquency Prevention Act of 1974 Act of 2007 (Public Law 110–180); subtitle D of (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the (16) $500,000 is for the Office on Violence title II of the Homeland Security Act of 2002 Victims of Trafficking and Violence Protec- Against Women to establish a national clear- (Public Law 107–296) (‘‘the 2002 Act’’); the tion Act of 2000 (Public Law 106–386) (‘‘the inghouse that provides training and tech- Second Chance Act of 2007 (Public Law 110– 2000 Act’’); and the Violence Against Women nical assistance on issues relating to sexual and Department of Justice Reauthorization assault of American Indian and Alaska Na- 199); the Prioritizing Resources and Organi- Act of 2005 (Public Law 109–162) (‘‘the 2005 tive women. zation for Intellectual Property Act of 2008 (Public Law 110–403); the Victims of Crime Act’’); and for related victims services, SALARIES AND EXPENSES Act of 1984 (Public Law 98–473); the Mentally $417,663,000, to remain available until ex- For necessary expenses, not elsewhere Ill Offender Treatment and Crime Reduction pended: Provided, That except as otherwise specified in this title, for management and provided by law, not to exceed 3 percent of administration of programs within the Office Reauthorization and Improvement Act of funds made available under this heading may on Violence Against Women, $20,580,000. 2008 (Public Law 110–416); and other pro- be used for expenses related to evaluation, grams; $1,063,498,000, to remain available OFFICE OF JUSTICE PROGRAMS training, and technical assistance: Provided until expended as follows— further, That of the amount provided— RESEARCH, EVALUATION, AND STATISTICS (1) $395,000,000 for the Edward Byrne Memo- (1) $194,000,000 is for grants to combat vio- (INCLUDING TRANSFER OF FUNDS) rial Justice Assistance Grant program as au- lence against women, as authorized by part For grants, contracts, cooperative agree- thorized by subpart 1 of part E of title I of T of the 1968 Act, of which, notwithstanding ments, and other assistance authorized by the 1968 Act (except that section 1001(c), and such part T, $10,000,000 shall be available for title I of the Omnibus Crime Control and the special rules for Puerto Rico under sec- programs relating to children exposed to vio- Safe Streets Act of 1968 (‘‘the 1968 Act)’’; the tion 505(g), of title I of the 1968 Act shall not lence; Juvenile Justice and Delinquency Preven- apply for purposes of this Act); and, notwith- (2) $25,000,000 is for transitional housing as- tion Act of 1974 (‘‘the 1974 Act’’); the Missing standing such subpart 1, to support innova- sistance grants for victims of domestic vio- Children’s Assistance Act (42 U.S.C. 5771 et tive, place-based, evidence-based approaches lence, stalking or sexual assault as author- seq.); the Prosecutorial Remedies and Other to fighting crime and improving public safe- ized by section 40299 of the 1994 Act; Tools to end the Exploitation of Children ty, of which $3,000,000 is for a program to im- (3) $3,000,000 is for the National Institute of Today Act of 2003 (Public Law 108–21); the prove State and local law enforcement intel- Justice for research and evaluation of vio- Justice for All Act of 2004 (Public Law 108– ligence capabilities including antiterrorism lence against women and related issues ad- 405); the Violence Against Women and De- training and training to ensure that con- dressed by grant programs of the Office on partment of Justice Reauthorization Act of stitutional rights, civil liberties, civil rights, Violence Against Women; 2005 (Public Law 109–162) (‘‘the 2005 Act’’); and privacy interests are protected through- (4) $10,000,000 is for a grant program to pro- the Victims of Child Abuse Act of 1990 (Pub- out the intelligence process, $4,000,000 is for vide services to advocate for and respond to lic Law 101–647); the Second Chance Act of a State and local assistance help desk and di- youth victims of domestic violence, dating 2007 (Public Law 110–199); the Victims of agnostic center program, $5,000,000 is for a violence, sexual assault, and stalking; assist- Crime Act of 1984 (Public Law 98–473); the program to improve State, local and tribal ance to children and youth exposed to such Adam Walsh Child Protection and Safety Act probation supervision efforts and strategies, violence; programs to engage men and youth of 2006 (Public Law 109–248) (‘‘the Adam and $3,000,000 is for a Preventing Violence in preventing such violence; and assistance Walsh Act’’); the PROTECT Our Children Against Law Enforcement Officer Resilience to middle and high school students through Act of 2008 (Public Law 110–401); subtitle D of and Survivability Initiative (VALOR): Pro- education and other services related to such title II of the Homeland Security Act of 2002 vided, That funds made available under this violence: Provided, That unobligated bal- (Public Law 107–296) (‘‘the 2002 Act’’); and heading may be used at the discretion of the ances available for the programs authorized other programs; $121,000,000, to remain avail- Assistant Attorney General for the Office of by sections 41201, 41204, 41303 and 41305 of the able until expended, of which— Justice Programs to train Federal law en- 1994 Act shall be available for this program: (1) $45,000,000 is for criminal justice statis- forcement under the VALOR Officer Safety Provided further, That 10 percent of the total tics programs, and other activities, as au- Training Initiative; amount available for this grant program thorized by part C of title I of the 1968 Act, (2) $273,000,000 for the State Criminal Alien shall be available for grants under the pro- of which $36,000,000 is for the administration Assistance Program, as authorized by sec- gram authorized by section 2015 of the 1968 and redesign of the National Crime Victim- tion 241(i)(5) of the Immigration and Nation- Act; ization Survey; ality Act (8 U.S.C. 1231(i)(5)): Provided, That (5) $45,913,000 is for grants to encourage ar- (2) $40,000,000 is for research, development, no jurisdiction shall request compensation rest policies as authorized by part U of the and evaluation programs, and other activi- for any cost greater than the actual cost for 1968 Act, of which $5,000,000 is for a homicide ties as authorized by part B of title I of the Federal immigration and other detainees initiative; 1968 Act and subtitle D of title II of the 2002 housed in State and local detention facili- (6) $25,000,000 is for sexual assault victims Act: Provided, That of the amounts provided ties; assistance, as authorized by section 41601 of under this heading, $5,000,000 is transferred (3) $20,000,000 for the Northern and South- the 1994 Act; directly to the National Institute of Stand- west Border Prosecutor Initiatives to reim- (7) $34,000,000 is for rural domestic violence ards and Technology’s Office of Law Enforce- burse State, county, parish, tribal or munic- and child abuse enforcement assistance ment Standards from the National Institute ipal governments for costs associated with grants, as authorized by section 40295 of the of Justice for research, testing and evalua- the prosecution of criminal cases declined by 1994 Act; tion programs; local offices of the United States Attorneys; (8) $9,000,000 is for grants to reduce violent (3) $1,000,000 is for an evaluation clearing- (4) $21,000,000 for competitive grants to im- crimes against women on campus, as author- house program; and prove the functioning of the criminal justice ized by section 304 of the 2005 Act; (4) $35,000,000 is for regional information system, to prevent or combat juvenile delin- (9) $45,000,000 is for legal assistance for vic- sharing activities, as authorized by part M of quency, and to assist victims of crime (other tims, as authorized by section 1201 of the 2000 title I of the 1968 Act. than compensation); Act; (5) $10,500,000 for victim services programs STATE AND LOCAL LAW ENFORCEMENT (10) $4,000,000 is for enhanced training and for victims of trafficking, as authorized by ASSISTANCE services to end violence against and abuse of section 107(b)(2) of Public Law 106–386 and for women in later life, as authorized by section (INCLUDING TRANSFER OF FUNDS) programs authorized under Public Law 109– 40802 of the 1994 Act; For grants, contracts, cooperative agree- 164: Provided, That no less than $4,690,000 (11) $11,250,000 is for the safe havens for ments, and other assistance authorized by shall be for victim services grants for foreign children program, as authorized by section the Violent Crime Control and Law Enforce- national victims of trafficking; 1301 of the 2000 Act; ment Act of 1994 (Public Law 103–322) (‘‘the (6) $35,000,000 for Drug Courts, as author- (12) $5,000,000 is for education and training 1994 Act’’); the Omnibus Crime Control and ized by section 1001(25)(A) of title I of the to end violence against and abuse of women Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 1968 Act; with disabilities, as authorized by section Justice for All Act of 2004 (Public Law 108– (7) $9,000,000 for mental health courts and 1402 of the 2000 Act; 405); the Victims of Child Abuse Act of 1990 adult and juvenile collaboration program (13) $4,000,000 is for the court training and (Public Law 101–647) (‘‘the 1990 Act’’); the grants, as authorized by parts V and HH of improvements program, as authorized by Trafficking Victims Protection Reauthoriza- title I of the 1968 Act, and the Mentally Ill section 41002 of the 1994 Act, of which tion Act of 2005 (Public Law 109–164); the Vio- Offender Treatment and Crime Reduction $1,000,000 is to be used for a family court ini- lence Against Women and Department of Reauthorization and Improvement Act of tiative; Justice Reauthorization Act of 2005 (Public 2008 (Public Law 110–416);

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.069 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6777 (8) $10,000,000 for grants for Residential non-administrative public sector safety serv- payments, the Attorney General may trans- Substance Abuse Treatment for State Pris- ice. fer such amounts to ‘‘Public Safety Officer oners, as authorized by part S of title I of the JUVENILE JUSTICE PROGRAMS Benefits’’ from available appropriations for 1968 Act; For grants, contracts, cooperative agree- the current fiscal year for the Department of (9) $4,000,000 for the Capital Litigation Im- ments, and other assistance authorized by Justice as may be necessary to respond to provement Grant Program, as authorized by the Juvenile Justice and Delinquency Pre- such circumstances: Provided further, That section 426 of Public Law 108–405; vention Act of 1974 (‘‘the 1974 Act’’); the Om- any transfer pursuant to the previous pro- (10) $10,000,000 for economic, high tech- nibus Crime Control and Safe Streets Act of viso shall be treated as a reprogramming nology and Internet crime prevention grants, 1968 (‘‘the 1968 Act’’); the Violence Against under section 505 of this Act and shall not be as authorized by section 401 of Public Law Women and Department of Justice Reauthor- available for obligation or expenditure ex- 110–403; ization Act of 2005 (Public Law 109–162) (‘‘the cept in compliance with the procedures set (11) $5,000,000 for a student loan repayment 2005 Act’’); the Missing Children’s Assistance forth in that section. assistance program pursuant to section 952 Act (42 U.S.C. 5771 et seq.); the Prosecutorial of Public Law 110–315; Remedies and Other Tools to end the Exploi- COMMUNITY ORIENTED POLICING SERVICES (12) $23,000,000 for activities, including sex tation of Children Today Act of 2003 (Public offender management assistance, authorized Law 108–21); the Victims of Child Abuse Act COMMUNITY ORIENTED POLICING SERVICES by the Adam Walsh Act and the Violent of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); PROGRAMS Crime Control Act of 1994 (Public Law 103– the Adam Walsh Child Protection and Safety (INCLUDING TRANSFERS OF FUNDS) 322); Act of 2006 (Public Law 109–248) (‘‘the Adam (13) $10,000,000 for an initiative relating to Walsh Act’’); the PROTECT Our Children For activities authorized by the Violent children exposed to violence; Act of 2008 (Public Law 110–401); and other ju- Crime Control and Law Enforcement Act of (14) $20,000,000 for an Edward Byrne Memo- venile justice programs, $251,000,000, to re- 1994 (Public Law 103–322); the Omnibus Crime rial criminal justice innovation program; main available until expended as follows— Control and Safe Streets Act of 1968 (‘‘the (15) $24,850,000 for the matching grant pro- (1) $45,000,000 for programs authorized by 1968 Act’’); and the Violence Against Women gram for law enforcement armor vests, as section 221 of the 1974 Act, and for training and Department of Justice Reauthorization authorized by section 2501 of title I of the and technical assistance to assist small, non- Act of 2005 (Public Law 109–162) (‘‘the 2005 1968 Act: Provided, That $1,500,000 is trans- profit organizations with the Federal grants Act’’), $231,500,000, to remain available until ferred directly to the National Institute of process; expended: Provided, That any balances made Standards and Technology’s Office of Law (2) $55,000,000 for youth mentoring grants; available through prior year deobligations Enforcement Standards for research, testing (3) $33,000,000 for delinquency prevention, shall only be available in accordance with and evaluation programs; as authorized by section 505 of the 1974 Act, section 505 of this Act. Of the amount pro- (16) $1,000,000 for the National Sex Offender of which, pursuant to sections 261 and 262 vided: Public Web site; thereof— (1) $1,500,000 is for research, testing, and (17) $10,000,000 for competitive and evi- (A) $15,000,000 shall be for the Tribal Youth evaluation programs regarding law enforce- dence-based programs to reduce gun crime Program; ment technologies and interoperable commu- and gang violence; (B) $8,000,000 shall be for gang and youth nications, and related law enforcement and (18) $10,000,000 for grants to assist State violence education, prevention and interven- public safety equipment, which shall be and tribal governments as authorized by the tion, and related activities; and transferred directly to the National Institute NICS Improvement Amendments Act of 2007 (C) $10,000,000 shall be for programs and ac- of Standards and Technology’s Office of Law (Public Law 110–180); tivities to enforce State laws prohibiting the Enforcement Standards from the Community (19) $8,000,000 for the National Criminal sale of alcoholic beverages to minors or the Oriented Policing Services Office; History Improvement Program for grants to purchase or consumption of alcoholic bev- (2) $10,000,000 is for anti-methamphet- upgrade criminal records; erages by minors, for prevention and reduc- amine-related activities, which shall be (20) $15,000,000 for Paul Coverdell Forensic tion of consumption of alcoholic beverages transferred to the Drug Enforcement Admin- Sciences Improvement Grants under part BB by minors, and for technical assistance and istration upon enactment of this Act; of title I of the 1968 Act; training; (3) $20,000,000 is for improving tribal law (21) $131,000,000 for DNA-related and foren- (4) $20,000,000 for programs authorized by enforcement, including hiring, equipment, sic programs and activities, of which— the Victims of Child Abuse Act of 1990; training, and anti-methamphetamine activi- (A) $123,000,000 is for the purposes of DNA (5) $30,000,000 for the Juvenile Account- ties; and analysis and DNA capacity enhancement as ability Block Grants program as authorized (4) $200,000,000 is for grants under section defined in the DNA Analysis Backlog Elimi- by part R of title I of the 1968 Act and Guam 1701 of title I of the 1968 Act (42 U.S.C. nation Act of 2000 (the Debbie Smith DNA shall be considered a State; 3796dd) for the hiring and rehiring of addi- Backlog Grant Program), of which not less (6) $8,000,000 for community-based violence tional career law enforcement officers under than $85,500,000 is to be used for grants to prevention initiatives; and part Q of such title notwithstanding sub- crime laboratories for purposes under 42 (7) $60,000,000 for missing and exploited section (i) of such section: Provided, That U.S.C. 14135, section (a); not less than children programs, including as authorized notwithstanding subsection (g) of the 1968 $11,000,000 is to be used for the purposes of by sections 404(b) and 405(a) of the 1974 Act: Act (42 U.S.C. 3796dd), the Federal share of Provided, That not more than 10 percent of the Solving Cold Cases with DNA Grant Pro- the costs of a project funded by such grants each amount may be used for research, eval- gram; not less than $11,000,000 is to be used may not exceed 75 percent unless the Direc- uation, and statistics activities designed to to audit and report on the extent of the tor of the Office of Community Oriented Po- benefit the programs or activities author- backlog; and the remainder of funds appro- licing Services waives, wholly or in part, the ized: Provided further, That not more than 2 priated under this paragraph may be used to requirement of a non-Federal contribution to support training programs specific to the percent of each amount may be used for the costs of a project: Provided further, That needs of DNA laboratory personnel, and for training and technical assistance: Provided further, That the previous two provisos shall notwithstanding 42 U.S.C. 3796dd–3(c), fund- programs outlined in sections 303, 304, 305 ing for hiring or rehiring a career law en- and 308 of Public Law 108–405; not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act. forcement officer may not exceed $125,000, (B) $4,000,000 is for the purposes described unless the Director of the Office of Commu- SALARIES AND EXPENSES in the Kirk Bloodsworth Post-Conviction nity Oriented Policing Services grants a DNA Testing Program (Public Law 108–405, For necessary expenses, not elsewhere waiver from this limitation: Provided further, specified in this title, for management and section 412); and That within the amounts appropriated, administration of programs within the Office (C) $4,000,000 is for Sexual Assault Forensic $28,000,000 shall be used for the hiring and re- of Justice Programs, $118,572,000. Exam Program Grants as authorized by sec- hiring of tribal law enforcement officers: tion 304 of Public Law 108–405. PUBLIC SAFETY OFFICER BENEFITS Provided further, That within the amounts (22) $2,500,000 for the court-appointed spe- For payments and expenses authorized appropriated, $10,000,000 is for community cial advocate program, as authorized by sec- under section 1001(a)(4) of title I of the Omni- policing development activities. tion 217 of the 1990 Act; bus Crime Control and Safe Streets Act of (23) $1,500,000 for child abuse training pro- 1968, such sums as are necessary (including SALARIES AND EXPENSES grams for judicial personnel and practi- amounts for administrative costs, which tioners, as authorized by section 222 of the amounts shall be paid to the ‘‘Salaries and For necessary expenses, not elsewhere 1990 Act; and Expenses’’ account), to remain available specified in this title, for management and (24) $3,000,000 for grants and technical as- until expended; and $16,300,000 for payments administration of programs within the Com- sistance in support of the National Forum on authorized by section 1201(b) of such Act and munity Oriented Policing Services Office, Youth Violence Prevention: for educational assistance authorized by sec- $24,500,000. Provided, That if a unit of local government tion 1218 of such Act, to remain available GENERAL PROVISIONS—DEPARTMENT OF uses any of the funds made available under until expended: Provided, That notwith- JUSTICE this heading to increase the number of law standing section 205 of this Act, upon a de- enforcement officers, the unit of local gov- termination by the Attorney General that SEC. 201. In addition to amounts otherwise ernment will achieve a net gain in the num- emergent circumstances require additional made available in this title for official recep- ber of law enforcement officers who perform funding for such disability and education tion and representation expenses, a total of

VerDate Mar 15 2010 05:44 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.069 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6778 CONGRESSIONAL RECORD — SENATE October 19, 2011 not to exceed $50,000 from funds appropriated mittees on Appropriations that the informa- ating capability of the Federal Bureau of In- to the Department of Justice in this title tion technology program has appropriate vestigation’s Sentinel program, including shall be available to the Attorney General program management and contractor over- the costs of Bureau employees engaged in de- for official reception and representation ex- sight mechanisms in place, and that the pro- velopment work, the costs of operating and penses. gram is compatible with the enterprise ar- maintaining Sentinel for 2 years after SEC. 202. None of the funds appropriated by chitecture of the Department of Justice. achievement of the final operating capa- this title shall be available to pay for an SEC. 211. The notification thresholds and bility, and a detailed list of the abortion, except where the life of the mother procedures set forth in section 505 of this Act functionalities included in the final oper- would be endangered if the fetus were carried shall apply to deviations from the amounts ating capability compared to the to term, or in the case of rape: Provided, designated for specific activities in this Act functionalities included in the previous pro- That should this prohibition be declared un- and accompanying statement, and to any use gram baseline. constitutional by a court of competent juris- of deobligated balances of funds provided (b) The report described in subsection (a) diction, this section shall be null and void. under this title in previous years. shall be submitted concurrently to the De- SEC. 203. None of the funds appropriated SEC. 212. None of the funds appropriated by partment of Justice Office of Inspector Gen- under this title shall be used to require any this Act may be used to plan for, begin, con- eral (OIG) and, within 60 days of receiving person to perform, or facilitate in any way tinue, finish, process, or approve a public- such report, the OIG shall provide an assess- the performance of, any abortion. private competition under the Office of Man- ment of such report to the Committees on SEC. 204. Nothing in the preceding section agement and Budget Circular A–76 or any Appropriations of the House of Representa- shall remove the obligation of the Director successor administrative regulation, direc- tives and the Senate. of the Bureau of Prisons to provide escort tive, or policy for work performed by em- This title may be cited as the ‘‘Department services necessary for a female inmate to re- ployees of the Bureau of Prisons or of Fed- of Justice Appropriations Act, 2012’’. ceive such service outside the Federal facil- eral Prison Industries, Incorporated. TITLE III ity: Provided, That nothing in this section in SEC. 213. Notwithstanding any other provi- any way diminishes the effect of section 203 sion of law, no funds shall be available for SCIENCE intended to address the philosophical beliefs the salary, benefits, or expenses of any OFFICE OF SCIENCE AND TECHNOLOGY POLICY of individual employees of the Bureau of United States Attorney assigned dual or ad- For necessary expenses of the Office of Prisons. ditional responsibilities by the Attorney Science and Technology Policy, in carrying SEC. 205. Not to exceed 5 percent of any ap- General or his designee that exempt that out the purposes of the National Science and propriation made available for the current United States Attorney from the residency Technology Policy, Organization, and Prior- fiscal year for the Department of Justice in requirements of 28 U.S.C. 545. ities Act of 1976 (42 U.S.C. 6601–6671), hire of SEC. 214. At the discretion of the Attorney this Act may be transferred between such ap- passenger motor vehicles, and services as au- General, and in addition to any amounts propriations, but no such appropriation, ex- thorized by 5 U.S.C. 3109, not to exceed $2,100 that otherwise may be available (or author- cept as otherwise specifically provided, shall for official reception and representation ex- ized to be made available) by law, with re- be increased by more than 10 percent by any penses, and rental of conference rooms in the spect to funds appropriated by this Act such transfers: Provided, That any transfer District of Columbia, $6,000,000. pursuant to this section shall be treated as a under the headings for ‘‘Research Evaluation NATIONAL AERONAUTICS AND SPACE reprogramming of funds under section 505 of and Statistics’’, ‘‘State and Local Law En- ADMINISTRATION this Act and shall not be available for obliga- forcement Assistance’’, and ‘‘Juvenile Jus- tion except in compliance with the proce- tice Programs’’— SCIENCE dures set forth in that section. (1) Up to 3 percent of funds made available For necessary expenses, not otherwise pro- SEC. 206. The Attorney General is author- for grant or reimbursement programs may be vided for, in the conduct and support of ized to extend through September 30, 2013, used to provide training and technical assist- science research and development activities, the Personnel Management Demonstration ance; including research, development, operations, Project transferred to the Attorney General (2) Up to 3 percent of funds made available support, and services; maintenance and re- pursuant to section 1115 of the Homeland Se- for grant or reimbursement programs under pair, facility planning and design; space curity Act of 2002, Public Law 107–296 (28 such headings, except for amounts appro- flight, spacecraft control, and communica- U.S.C. 599B) without limitation on the num- priated specifically for research, evaluation, tions activities; program management; per- ber of employees or the positions covered. or statistical programs administered by the sonnel and related costs, including uniforms SEC. 207. Notwithstanding any other provi- National Institute of Justice and the Bureau or allowances therefor, as authorized by 5 sion of law, Public Law 102–395 section 102(b) of Justice Statistics, shall be transferred to U.S.C. 5901–5902; travel expenses; purchase shall extend to the Bureau of Alcohol, To- and merged with funds provided to the Na- and hire of passenger motor vehicles; and bacco, Firearms and Explosives in the con- tional Institute of Justice and the Bureau of purchase, lease, charter, maintenance, and duct of undercover investigative operations Justice Statistics, to be used by them for re- operation of mission and administrative air- and shall apply without fiscal year limita- search, evaluation or statistical purposes, craft, $5,100,000,000, to remain available until tion with respect to any undercover inves- without regard to the authorizations for September 30, 2013, of which up to $10,000,000 tigative operation by the Bureau of Alcohol, such grant or reimbursement programs, and shall be available for a reimbursable agree- Tobacco, Firearms and Explosives that is of such amounts, $1,300,000 shall be trans- ment with the Department of Energy for the necessary for the detection and prosecution ferred to the Bureau of Prisons for Federal purpose of re-establishing facilities to of crimes against the United States. inmate research and evaluation purposes; produce fuel required for radio-isotope ther- SEC. 208. None of the funds made available and moelectric generators to enable future mis- to the Department of Justice in this Act (3) 7 percent of funds made available for sions: Provided, That the development cost may be used for the purpose of transporting grant or reimbursement programs: (as defined under 51 U.S.C. 30104) for the an individual who is a prisoner pursuant to (A) under the heading ‘‘State and Local James Webb Space Telescope shall not ex- conviction for crime under State or Federal Law Enforcement Assistance’’; or ceed $8,000,000,000: Provided further, That law and is classified as a maximum or high (B) under the headings ‘‘Research, Evalua- should the individual identified under sub- security prisoner, other than to a prison or tion and Statistics’’ and ‘‘Juvenile Justice paragraph (c)(2)(E) of section 30104 of title 51 other facility certified by the Federal Bu- Programs’’, to be transferred to and merged as responsible for the James Webb Space Tel- reau of Prisons as appropriately secure for with funds made available under the heading escope determine that the development cost housing such a prisoner. ‘‘State and Local Law Enforcement Assist- of the program is likely to exceed that limi- SEC. 209. (a) None of the funds appropriated ance’’, shall be available for tribal criminal tation, the individual shall immediately no- by this Act may be used by Federal prisons justice assistance without regard to the au- tify the Administrator and the increase shall to purchase cable television services, to rent thorizations for such grant or reimburse- be treated as if it meets the 30 percent or purchase videocassettes, videocassette re- ment programs. threshold described in subsection (f) of sec- corders, or other audiovisual or electronic SEC. 215. Notwithstanding any other provi- tion 30104 of title 51. equipment used primarily for recreational sion of law, section 20109(a), in subtitle A of AERONAUTICS purposes. title II of the Violent Crime Control and Law (b) The preceding sentence does not pre- Enforcement Act of 1994 (42 U.S.C. 13709(a)), For necessary expenses, not otherwise pro- clude the renting, maintenance, or purchase shall not apply to amounts made available vided for, in the conduct and support of aero- of audiovisual or electronic equipment for by this title. nautics research and development activities, inmate training, religious, or educational SEC. 216. Section 530A of title 28, United including research, development, operations, programs. States Code, is hereby amended by replacing support, and services; maintenance and re- SEC. 210. None of the funds made available ‘‘appropriated’’ with ‘‘used from appropria- pair, facility planning and design; space under this title shall be obligated or ex- tions’’, and by inserting ‘‘(2),’’ before ‘‘(3)’’. flight, spacecraft control, and communica- pended for any new or enhanced information SEC. 217. (a) Within 30 days of enactment of tions activities; program management; per- technology program having total estimated this Act, the Attorney General shall report sonnel and related costs, including uniforms development costs in excess of $100,000,000, to the Committees on Appropriations of the or allowances therefor, as authorized by 5 unless the Deputy Attorney General and the House of Representatives and the Senate a U.S.C. 5901–5902; travel expenses; purchase investment review board certify to the Com- cost and schedule estimate for the final oper- and hire of passenger motor vehicles; and

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.069 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6779 purchase, lease, charter, maintenance, and ing uniforms or allowances therefor, as au- into under that section shall be deposited operation of mission and administrative air- thorized by 5 U.S.C. 5901–5902; travel ex- into this account and shall be available for a craft, $501,000,000, to remain available until penses; purchase and hire of passenger motor period of 5 years, to the extent provided in September 30, 2013. vehicles; and purchase, lease, charter, main- annual appropriations Acts: Provided further, SPACE TECHNOLOGY tenance and operation of mission and admin- That such proceeds shall be available for ob- For necessary expenses, not otherwise pro- istrative aircraft, $4,285,000,000, to remain ligation for fiscal year 2012 in an amount not vided for, in the conduct and support of available until September 30, 2013: Provided, to exceed $3,960,000: Provided further, That space research and technology development That of the amounts provided under this each annual budget request shall include an activities, including research, development, heading, not more than $650,900,000 shall be annual estimate of gross receipts and collec- operations, support, and services; mainte- for Space Shuttle operations, production, re- tions and proposed use of all funds collected nance and repair, facility planning and de- search, development, and support, not more pursuant to section 315 of the National Aero- sign; space flight, spacecraft control, and than $2,803,500,000 shall be for International nautics and Space Act of 1958 (42 U.S.C. communications activities; program man- Space Station operations, production, re- 2459j). agement; personnel and related costs, includ- search, development, and support, not more OFFICE OF INSPECTOR GENERAL ing uniforms or allowances therefor, as au- than $168,000,000 shall be for the 21st Century For necessary expenses of the Office of In- thorized by 5 U.S.C. 5901–5902; travel ex- Launch Complex, and not more than spector General in carrying out the Inspec- penses; purchase and hire of passenger motor $662,600,000 shall be for Space and Flight Sup- tor General Act of 1978, $37,300,000. port: Provided further, That funds made avail- vehicles; and purchase, lease, charter, main- ADMINISTRATIVE PROVISIONS tenance, and operation of mission and ad- able under this heading for 21st Century Funds for announced prizes otherwise au- ministrative aircraft, $637,000,000, to remain Launch Complex may be transferred to thorized shall remain available, without fis- available until September 30, 2013. ‘‘Construction and Environmental Compli- ance and Restoration’’ for construction ac- cal year limitation, until the prize is EXPLORATION tivities only at NASA-owned facilities: Pro- claimed or the offer is withdrawn. For necessary expenses, not otherwise pro- vided further, That funds so transferred shall Not to exceed 5 percent of any appropria- vided for, in the conduct and support of ex- not be subject to the transfer limitations de- tion made available for the current fiscal ploration research and development activi- scribed in the Administrative Provisions in year for the National Aeronautics and Space ties, including research, development, oper- this Act for the National Aeronautics and Administration in this Act may be trans- ations, support, and services; maintenance Space Administration, shall be available ferred between such appropriations, but no and repair, facility planning and design; until September 30, 2017, and shall be treated such appropriation, except as otherwise spe- space flight, spacecraft control, and commu- as a reprogramming under section 505 of this cifically provided, shall be increased by more nications activities; program management, Act. than 10 percent by any such transfers. Bal- personnel and related costs, including uni- ances so transferred shall be merged with EDUCATION forms or allowances therefor, as authorized and available for the same purposes and the by 5 U.S.C. 5901–5902; travel expenses; pur- For necessary expenses, not otherwise pro- same time period as the appropriations to chase and hire of passenger motor vehicles; vided for, in carrying out aerospace and which transferred. Any transfer pursuant to and purchase, lease, charter, maintenance, aeronautical education research and develop- this provision shall be treated as a re- and operation of mission and administrative ment activities, including research, develop- programming of funds under section 505 of aircraft, $3,775,000,000, to remain available ment, operations, support, and services; pro- this Act and shall not be available for obliga- until September 30, 2013: Provided, That not gram management; personnel and related tion except in compliance with the proce- less than $1,200,000,000 shall be for the Orion costs, uniforms or allowances therefor, as dures set forth in that section. multipurpose crew vehicle, not less than authorized by 5 U.S.C. 5901–5902; travel ex- The unexpired balances of previous ac- $1,800,000,000 shall be for the heavy lift penses; purchase and hire of passenger motor counts, for activities for which funds are pro- launch vehicle system which shall have a lift vehicles; and purchase, lease, charter, main- vided under this Act, may be transferred to capacity not less than 130 tons and which tenance, and operation of mission and ad- the new accounts established in this Act shall have an upper stage and other core ele- ministrative aircraft, $138,400,000, to remain that provide such activity. Balances so ments developed simultaneously, $500,000,000 available until September 30, 2013. transferred shall be merged with the funds in shall be for commercial spaceflight activi- CROSS AGENCY SUPPORT the newly established accounts, but shall be ties, and $275,000,000 shall be for exploration For necessary expenses, not otherwise pro- available under the same terms, conditions research and development: Provided further, vided for, in the conduct and support of and period of time as previously appro- That $192,600,000 of the funds provided for science, aeronautics, exploration, space oper- priated. commercial spaceflight activities shall only ations and education research and develop- Section 40902 of title 51, United States be available after the NASA Administrator ment activities, including research, develop- Code, is amended by adding at the end the certifies to the Committees on Appropria- ment, operations, support, and services; following: tions, in writing, that NASA has published maintenance and repair, facility planning ‘‘(d) AVAILABILITY OF FUNDS.—The interest the required notifications of NASA contract and design; space flight, spacecraft control, accruing from the National Aeronautics and actions implementing the acquisition strat- and communications activities; program Space Administration Endeavor Teacher Fel- egy for the heavy lift launch vehicle system management; personnel and related costs, in- lowship Trust Fund principal shall be avail- identified in section 302 of Public Law 111–267 cluding uniforms or allowances therefor, as able in fiscal year 2012 for the purpose of the and has begun to execute relevant contract authorized by 5 U.S.C. 5901–5902; travel ex- Endeavor Science Teacher Certificate Pro- actions in support of development of the penses; purchase and hire of passenger motor gram.’’. heavy lift launch vehicle system: Provided vehicles; not to exceed $52,500 for official re- Section 20145(b)(1) of title 51 is amended by further, That funds made available under this ception and representation expenses; and inserting ‘‘(A)’’ before ‘‘A person’’ and add- heading within this Act may be transferred purchase, lease, charter, maintenance, and ing at the end thereof the following new sub- to ‘‘Construction and Environmental Com- operation of mission and administrative air- paragraph (B) as follows: pliance and Restoration’’ for construction craft, $3,043,073,000: Provided, That not less ‘‘(B) Notwithstanding subparagraph (A), activities related to the Orion multipurpose than $39,100,000 shall be available for inde- the Administrator may accept in-kind con- crew vehicle and the heavy lift launch vehi- pendent verification and validation activi- sideration for leases entered into for the pur- cle system: Provided further, That funds so ties: Provided further, That contracts may be pose of developing renewable energy produc- transferred shall be subject to the 5 percent entered into under this heading in fiscal year tion facilities.’’. but shall not be subject to the 10 percent 2012 for maintenance and operation of facili- The spending plan required by section 540 transfer limitation described under the Ad- ties, and for other services, to be provided of this Act shall be provided by NASA at the ministrative Provisions in this Act for the during the next fiscal year. theme, program, project and activity level. The spending plan, as well as any subsequent National Aeronautics and Space Administra- CONSTRUCTION AND ENVIRONMENTAL change of an amount established in that tion, shall be available until September 30, COMPLIANCE AND RESTORATION spending plan that meets the notification re- 2017, and shall be treated as a reprogram- For necessary expenses for construction of ming under section 505 of this Act. quirements of section 505 of this Act, shall be facilities including repair, rehabilitation, re- treated as a reprogramming under section SPACE OPERATIONS vitalization, and modification of facilities, 505 of this Act and shall not be available for For necessary expenses, not otherwise pro- construction of new facilities and additions obligation or expenditure except in compli- vided for, in the conduct and support of to existing facilities, facility planning and ance with the procedures set forth in that space operations research and development design, and restoration, and acquisition or section. activities, including research, development, condemnation of real property, as authorized operations, support and services; space by law, and environmental compliance and NATIONAL SCIENCE FOUNDATION flight, spacecraft control and communica- restoration, $422,000,000, to remain available RESEARCH AND RELATED ACTIVITIES tions activities including operations, produc- until September 30, 2017: Provided, That here- For necessary expenses in carrying out the tion, and services; maintenance and repair, after, notwithstanding section 315 of the Na- National Science Foundation Act of 1950, as facility planning and design; program man- tional Aeronautics and Space Act of 1958 (42 amended (42 U.S.C. 1861–1875), and the Act to agement; personnel and related costs, includ- U.S.C. 2459j), all proceeds from leases entered establish a National Medal of Science (42

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.070 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6780 CONGRESSIONAL RECORD — SENATE October 19, 2011 U.S.C. 1880–1881); services as authorized by 5 1950, as amended (42 U.S.C. 1863) and Public 2008 (Public Law 110–233), the ADA Amend- U.S.C. 3109; maintenance and operation of Law 86–209 (42 U.S.C. 1880 et seq.), $4,440,000: ments Act of 2008 (Public Law 110–325), and aircraft and purchase of flight services for Provided, That not to exceed $2,100 shall be the Lilly Ledbetter Fair Pay Act of 2009 research support; acquisition of aircraft; and available for official reception and represen- (Public Law 111–2), including services as au- authorized travel; $5,443,000,000, to remain tation expenses. thorized by 5 U.S.C. 3109; hire of passenger available until September 30, 2013, of which OFFICE OF INSPECTOR GENERAL motor vehicles as authorized by 31 U.S.C. not to exceed $550,000,000 shall remain avail- 1343(b); and nonmonetary awards to private For necessary expenses of the Office of In- able until expended for polar research and citizens, $329,837,000: Provided, That the Com- spector General as authorized by the Inspec- operations support, and for reimbursement mission is authorized to make available for tor General Act of 1978, as amended, to other Federal agencies for operational and official reception and representation ex- $14,200,000. science support and logistical and other re- penses not to exceed $1,875 from available lated activities for the United States Ant- ADMINISTRATIVE PROVISION funds: Provided further, That the Commission arctic program: Provided, That receipts for Not to exceed 5 percent of any appropria- may take no action to implement any work- scientific support services and materials fur- tion made available for the current fiscal force repositioning, restructuring, or reorga- nished by the National Research Centers and year for the National Science Foundation in nization until such time as the Committees other National Science Foundation sup- this Act may be transferred between such ap- on Appropriations have been notified of such ported research facilities may be credited to propriations, but no such appropriation shall proposals, in accordance with the reprogram- this appropriation: Provided further, That not be increased by more than 10 percent by any ming requirements of section 505 of this Act: less than $146,830,000 shall be available for such transfers. Any transfer pursuant to this Provided further, That the Chair is authorized activities authorized by section section shall be treated as a reprogramming to accept and use any gift or donation to 7002(c)(2)(A)(iv) of Public Law 110–69: Pro- of funds under section 505 of this Act and carry out the work of the Commission. vided further, That up to $100,000,000 of funds shall not be available for obligation except STATE AND LOCAL LAW ENFORCEMENT made available under this heading within in compliance with the procedures set forth ASSISTANCE this Act may be transferred to ‘‘Major Re- in that section. For payments to State and local enforce- search Equipment and Facilities Construc- This title may be cited as the ‘‘Science Ap- ment agencies for authorized services to the tion’’: Provided further, That funds so trans- propriations Act, 2012’’. Commission, $29,400,000. ferred shall not be subject to the transfer TITLE IV limitations described in the Administrative INTERNATIONAL TRADE COMMISSION RELATED AGENCIES Provisions in this Act for the National SALARIES AND EXPENSES Science Foundation, and shall be available COMMISSION ON CIVIL RIGHTS For necessary expenses of the Inter- until expended only after notification of SALARIES AND EXPENSES national Trade Commission, including hire such transfer to the Committees on Appro- (INCLUDING TRANSFER OF FUNDS) of passenger motor vehicles, and services as priations. For necessary expenses of the Commission authorized by 5 U.S.C. 3109, and not to exceed MAJOR RESEARCH EQUIPMENT AND FACILITIES on Civil Rights, including hire of passenger $1,875 for official reception and representa- CONSTRUCTION motor vehicles, $9,193,000: Provided, That tion expenses, $80,062,000, to remain available For necessary expenses for the acquisition, none of the funds appropriated in this para- until expended. construction, commissioning, and upgrading graph shall be used to employ in excess of LEGAL SERVICES CORPORATION of major research equipment, facilities, and four full-time individuals under Schedule C PAYMENT TO THE LEGAL SERVICES other such capital assets pursuant to the Na- of the Excepted Service exclusive of one spe- CORPORATION tional Science Foundation Act of 1950, as cial assistant for each Commissioner: Pro- For payment to the Legal Services Cor- amended (42 U.S.C. 1861–1875), including au- vided further, That none of the funds appro- poration to carry out the purposes of the thorized travel, $117,055,000, to remain avail- priated in this paragraph shall be used to re- Legal Services Corporation Act of 1974, able until expended: Provided, That none of imburse Commissioners for more than 75 $396,106,000, of which $370,506,000 is for basic the funds may be used to reimburse the billable days, with the exception of the field programs and required independent au- Judgment Fund. chairperson, who is permitted 125 billable dits; $4,200,000 is for the Office of Inspector EDUCATION AND HUMAN RESOURCES days: Provided further, That none of the funds General, of which such amounts as may be For necessary expenses in carrying out appropriated in this paragraph shall be used necessary may be used to conduct additional science, mathematics and engineering edu- for any activity or expense that is not ex- audits of recipients; $17,000,000 is for manage- cation and human resources programs and plicitly authorized by 42 U.S.C. 1975a: Pro- ment and grants oversight; $3,400,000 is for activities pursuant to the National Science vided further, That there shall be an Inspec- client self-help and information technology; Foundation Act of 1950, as amended (42 tor General at the Commission on Civil and $1,000,000 is for loan repayment assist- U.S.C. 1861–1875), including services as au- Rights who shall have the duties, respon- ance: Provided, That the Legal Services Cor- thorized by 5 U.S.C. 3109, authorized travel, sibilities, and authorities specified in the In- poration may continue to provide locality and rental of conference rooms in the Dis- spector General Act of 1978, as amended: Pro- pay to officers and employees at a rate no trict of Columbia, $829,000,000, to remain vided further, That an individual appointed to greater than that provided by the Federal available until September 30, 2013: Provided, the position of Inspector General of the Government to Washington, DC-based em- That not less than $54,890,000 shall be avail- Equal Employment Opportunity Commission ployees as authorized by 5 U.S.C. 5304, not- able until expended for activities authorized (EEOC) shall, by virtue of such appointment, withstanding section 1005(d) of the Legal by section 7030 of Public Law 110–69. also hold the position of Inspector General of Services Corporation Act, 42 U.S.C. 2996(d): AGENCY OPERATIONS AND AWARD MANAGEMENT the Commission on Civil Rights: Provided Provided further, That the authorities pro- For agency operations and award manage- further, That the Inspector General of the vided in section 205 of this Act shall be appli- ment necessary in carrying out the National Commission on Civil Rights shall utilize per- cable to the Legal Services Corporation. sonnel of the Office of Inspector General of Science Foundation Act of 1950, as amended ADMINISTRATIVE PROVISION—LEGAL SERVICES EEOC in performing the duties of the Inspec- (42 U.S.C. 1861–1875); services authorized by 5 CORPORATION tor General of the Commission on Civil U.S.C. 3109; hire of passenger motor vehicles; None of the funds appropriated in this Act not to exceed $6,900 for official reception and Rights, and shall not appoint any individuals to positions within the Commission on Civil to the Legal Services Corporation shall be representation expenses; uniforms or allow- expended for any purpose prohibited or lim- ances therefor, as authorized by 5 U.S.C. Rights: Provided further, That of the amounts made available in this paragraph, $800,000 ited by, or contrary to any of the provisions 5901–5902; rental of conference rooms in the of, sections 501, 502, 503, 504, 505, and 506 of District of Columbia; and reimbursement of shall be transferred directly to the Office of Inspector General of EEOC upon enactment Public Law 105–119, and all funds appro- the Department of Homeland Security for se- priated in this Act to the Legal Services Cor- curity guard services; $290,400,000: Provided, of this Act for salaries and expenses nec- essary to carry out the duties of the Inspec- poration shall be subject to the same terms That contracts may be entered into under and conditions set forth in such sections, ex- this heading in fiscal year 2012 for mainte- tor General of the Commission on Civil Rights. cept that all references in sections 502 and nance and operation of facilities, and for 503 to 1997 and 1998 shall be deemed to refer EQUAL EMPLOYMENT OPPORTUNITY other services, to be provided during the instead to 2011 and 2012, respectively. COMMISSION next fiscal year. Section 504 of the Departments of Com- OFFICE OF THE NATIONAL SCIENCE BOARD SALARIES AND EXPENSES merce, Justice, and State, the Judiciary, and For necessary expenses (including payment For necessary expenses of the Equal Em- Related Agencies Appropriations Act, 1996 of salaries, authorized travel, hire of pas- ployment Opportunity Commission as au- (as contained in Public Law 104–134) is senger motor vehicles, the rental of con- thorized by title VII of the Civil Rights Act amended: ference rooms in the District of Columbia, of 1964, the Age Discrimination in Employ- (1) in subsection (a), in the matter pre- and the employment of experts and consult- ment Act of 1967, the Equal Pay Act of 1963, ceding paragraph (1), by inserting after ‘‘)’’ ants under section 3109 of title 5, United the Americans with Disabilities Act of 1990, the following: ‘‘that uses Federal funds (or States Code) involved in carrying out section the Civil Rights Act of 1991, the Genetic In- funds from any source with regard to para- 4 of the National Science Foundation Act of formation Non-Discrimination Act (GINA) of graphs (14) and (15) in a manner’’;

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.070 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6781 (2) by striking subsection (d); and on Appropriations are notified 15 days in ad- tion, and the National Aeronautics and (3) by redesignating subsections (e) and (f) vance of such reprogramming of funds; Space Administration, shall provide to the as subsections (d) and (e), respectively. (3) increases funds or personnel by any House and Senate Committees on Appropria- MARINE MAMMAL COMMISSION means for any project or activity for which tions a quarterly accounting of the cumu- funds have been denied or restricted by this SALARIES AND EXPENSES lative balances of any unobligated funds that Act, unless the House and Senate Commit- were received by such agency during any pre- For necessary expenses of the Marine tees on Appropriations are notified 15 days in vious fiscal year. Mammal Commission as authorized by title advance of such reprogramming of funds; SEC. 509. Any costs incurred by a depart- II of Public Law 92–522, $3,025,000. (4) relocates an office or employees, unless ment or agency funded under this Act result- OFFICE OF THE UNITED STATES TRADE the House and Senate Committees on Appro- ing from, or to prevent, personnel actions REPRESENTATIVE priations are notified 15 days in advance of taken in response to funding reductions in- SALARIES AND EXPENSES such reprogramming of funds; cluded in this Act shall be absorbed within For necessary expenses of the Office of the (5) reorganizes or renames offices, pro- the total budgetary resources available to United States Trade Representative, includ- grams or activities, unless the House and such department or agency: Provided, That ing the hire of passenger motor vehicles and Senate Committees on Appropriations are the authority to transfer funds between ap- the employment of experts and consultants notified 15 days in advance of such re- propriations accounts as may be necessary as authorized by 5 U.S.C. 3109, $46,775,000, of programming of funds; to carry out this section is provided in addi- which $1,000,000 shall remain available until (6) contracts out or privatizes any func- tion to authorities included elsewhere in this expended: Provided, That not to exceed tions or activities presently performed by Act: Provided further, That use of funds to $93,000 shall be available for official recep- Federal employees, unless the House and carry out this section shall be treated as a tion and representation expenses. Senate Committees on Appropriations are reprogramming of funds under section 505 of notified 15 days in advance of such re- STATE JUSTICE INSTITUTE this Act and shall not be available for obliga- programming of funds; SALARIES AND EXPENSES tion or expenditure except in compliance (7) proposes to use funds directed for a spe- with the procedures set forth in that section. For necessary expenses of the State Jus- cific activity by either the House or Senate tice Institute, as authorized by the State SEC. 510. None of the funds provided by this Committee on Appropriations for a different Act shall be available to promote the sale or Justice Institute Authorization Act of 1984 purpose, unless the House and Senate Com- (42 U.S.C. 10701 et seq.) $5,019,000, of which export of tobacco or tobacco products, or to mittees on Appropriations are notified 15 seek the reduction or removal by any foreign $500,000 shall remain available until Sep- days in advance of such reprogramming of tember 30, 2013: Provided, That not to exceed country of restrictions on the marketing of funds; tobacco or tobacco products, except for re- $1,875 shall be available for official reception (8) augments funds for existing programs, strictions which are not applied equally to and representation expenses. projects or activities in excess of $500,000 or all tobacco or tobacco products of the same 10 percent, whichever is less, or reduces by 10 COMMISSION ON WARTIME RELOCATION AND IN- type. TERNMENT OF LATIN AMERICANS OF JAPA- percent funding for any program, project or SEC. 511. Hereafter, none of the funds ap- activity, or numbers of personnel by 10 per- NESE DESCENT propriated pursuant to this Act or any other cent as approved by Congress, unless the SALARIES AND EXPENSES provision of law may be used for— House and Senate Committees on Appropria- For necessary expenses to carry out the ac- (1) the implementation of any tax or fee in tions are notified 15 days in advance of such tivities of the Commission on Wartime Relo- connection with the implementation of sub- reprogramming of funds; or cation and Internment of Latin Americans of section 922(t) of title 18, United States Code; (9) results from any general savings, in- Japanese Descent, as authorized by section and cluding savings from a reduction in per- 541 of this Act, $1,700,000 shall be available (2) any system to implement subsection sonnel, which would result in a change in ex- until expended. 922(t) of title 18, United States Code, that isting programs, projects or activities as ap- does not require and result in the destruc- TITLE V proved by Congress, unless the House and tion of any identifying information sub- GENERAL PROVISIONS Senate Committees on Appropriations are mitted by or on behalf of any person who has SEC. 501. No part of any appropriation con- notified 15 days in advance of such re- been determined not to be prohibited from tained in this Act shall be used for publicity programming of funds. possessing or receiving a firearm no more or propaganda purposes not authorized by (b) None of the funds in provided under this than 24 hours after the system advises a Fed- the Congress. Act, or provided under previous appropria- eral firearms licensee that possession or re- SEC. 502. No part of any appropriation con- tions Acts to the agencies funded by this Act tained in this Act shall remain available for that remain available for obligation or ex- ceipt of a firearm by the prospective trans- obligation beyond the current fiscal year un- penditure in fiscal year 2012, or provided feree would not violate subsection (g) or (n) less expressly so provided herein. from any accounts in the Treasury of the of section 922 of title 18, United States Code, SEC. 503. The expenditure of any appropria- United States derived by the collection of or State law. tion under this Act for any consulting serv- fees available to the agencies funded by this SEC. 512. Notwithstanding any other provi- ice through procurement contract, pursuant Act, shall be available for obligation or ex- sion of law, amounts deposited or available to 5 U.S.C. 3109, shall be limited to those penditure through the reprogramming of in the Fund established under 42 U.S.C. 10601 contracts where such expenditures are a funds after August 1, except in extraordinary in any fiscal year in excess of $705,000,000 matter of public record and available for circumstances, and only after the House and shall not be available for obligation until the public inspection, except where otherwise Senate Committees on Appropriations are following fiscal year. provided under existing law, or under exist- notified 30 days in advance of such re- SEC. 513. None of the funds made available ing Executive order issued pursuant to exist- programming of funds. to the Department of Justice in this Act ing law. SEC. 506. Hereafter, none of the funds made may be used to discriminate against or deni- SEC. 504. If any provision of this Act or the available in this or any other Act may be grate the religious or moral beliefs of stu- application of such provision to any person used to implement, administer, or enforce dents who participate in programs for which or circumstances shall be held invalid, the any guidelines of the Equal Employment Op- financial assistance is provided from those remainder of the Act and the application of portunity Commission covering harassment funds, or of the parents or legal guardians of each provision to persons or circumstances based on religion, when it is made known to such students. other than those as to which it is held in- the Federal entity or official to which such SEC. 514. None of the funds made available funds are made available that such guide- valid shall not be affected thereby. in this Act may be transferred to any depart- lines do not differ in any respect from the SEC. 505. (a) None of the funds provided ment, agency, or instrumentality of the under this Act, or provided under previous proposed guidelines published by the Com- United States Government, except pursuant mission on October 1, 1993 (58 Fed. Reg. appropriations Acts to the agencies funded to a transfer made by, or transfer authority 51266). by this Act that remain available for obliga- provided in, this Act or any other appropria- SEC. 507. If it has been finally determined tions Act. tion or expenditure in fiscal year 2012, or by a court or Federal agency that any person provided from any accounts in the Treasury intentionally affixed a label bearing a ‘‘Made SEC. 515. Any funds provided in this Act of the United States derived by the collec- in America’’ inscription, or any inscription used to implement E-Government Initiatives tion of fees available to the agencies funded with the same meaning, to any product sold shall be subject to the procedures set forth by this Act, shall be available for obligation in or shipped to the United States that is not in section 505 of this Act. or expenditure through the reprogramming made in the United States, the person shall SEC. 516. (a) Tracing studies conducted by of funds that— be ineligible to receive any contract or sub- the Bureau of Alcohol, Tobacco, Firearms (1) creates or initiates a new program, contract made with funds made available in and Explosives are released without ade- project or activity, unless the House and this Act, pursuant to the debarment, suspen- quate disclaimers regarding the limitations Senate Committees on Appropriations are sion, and ineligibility procedures described of the data. notified 15 days in advance of such re- in sections 9.400 through 9.409 of title 48, (b) For fiscal year 2012 and thereafter, the programming of funds; Code of Federal Regulations. Bureau of Alcohol, Tobacco, Firearms and (2) eliminates a program, project or activ- SEC. 508. The Departments of Commerce Explosives shall include in all such data re- ity, unless the House and Senate Committees and Justice, the National Science Founda- leases, language similar to the following

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.070 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6782 CONGRESSIONAL RECORD — SENATE October 19, 2011 that would make clear that trace data can- the executive branch ethics program to all tion, and Related Agencies programs not be used to draw broad conclusions about Federal departments, agencies, and entities. for the fiscal year ending September 30, firearms-related crime: SEC. 518. None of the funds appropriated or 2012, and for other purposes; which was (1) Firearm traces are designed to assist otherwise made available under this Act may ordered to lie on the table; as follows: law enforcement authorities in conducting be used to issue patents on claims directed investigations by tracking the sale and pos- to or encompassing a human organism. On page 51, line 2, strike ‘‘1974.’’ and insert session of specific firearms. Law enforce- SEC. 519. None of the funds made available the following: ‘‘1974: Provided further, That ment agencies may request firearms traces in this Act shall be used in any way whatso- none of the funds made available by this act for any reason, and those reasons are not ever to support or justify the use of torture shall be used to support a loan or grant for necessarily reported to the Federal Govern- by any official or contract employee of the any proposed service territory in which ment. Not all firearms used in crime are United States Government. broadband service with a combined speed of 3 Mbps (upstream and downstream) is offered traced and not all firearms traced are used in SEC. 520. (a) Notwithstanding any other crime. provision of law or treaty, hereafter, none of by an incumbent service provider to more (2) Firearms selected for tracing are not the funds appropriated or otherwise made than 25 percent of households in such service chosen for purposes of determining which available under this Act or any other Act territory, in the aggregate: Provided further, types, makes, or models of firearms are used may be expended or obligated by a depart- That none of the funds shall be used to sup- for illicit purposes. The firearms selected do ment, agency, or instrumentality of the port a loan or a grant for any proposed serv- not constitute a random sample and should United States to pay administrative ex- ice territory for an upgrade of broadband not be considered representative of the larg- penses or to compensate an officer or em- plant when there is more than 1 incumbent er universe of all firearms used by criminals, ployee of the United States in connection service provider and not less than 1 of the in- or any subset of that universe. Firearms are with requiring an export license for the ex- cumbent service providers is offering service normally traced to the first retail seller, and port to Canada of components, parts, acces- with a combined speed of 3 Mbps (upstream sources reported for firearms traced do not sories or attachments for firearms listed in and downstream).’’. Category I, section 121.1 of title 22, Code of necessarily represent the sources or methods SA 877. Mr. KIRK submitted an by which firearms in general are acquired for Federal Regulations (International Traf- use in crime. ficking in Arms Regulations (ITAR), part amendment intended to be proposed by SEC. 517. (a) The Inspectors General of the 121, as it existed on April 1, 2005) with a total him to the bill H.R. 2112, making ap- Department of Commerce, the Department value not exceeding $500 wholesale in any propriations for Agriculture, Rural De- of Justice, the National Aeronautics and transaction, provided that the conditions of velopment, Food and Drug Administra- Space Administration, the National Science subsection (b) of this section are met by the tion, and Related Agencies programs Foundation, and the Legal Services Corpora- exporting party for such articles. for the fiscal year ending September 30, tion shall conduct audits, pursuant to the In- (b) The foregoing exemption from obtain- 2012, and for other purposes; which was spector General Act (5 U.S.C. App.), of grants ing an export license— or contracts for which funds are appro- (1) does not exempt an exporter from filing ordered to lie on the table; as follows: priated by this Act, and shall submit reports any Shipper’s Export Declaration or notifi- On page 51, line 2, strike ‘‘1974.’’ and insert to Congress on the progress of such audits, cation letter required by law, or from being the following: ‘‘1974: Provided further, That which may include preliminary findings and otherwise eligible under the laws of the none of the funds made available by this Act a description of areas of particular interest, United States to possess, ship, transport, or shall be used to support any loan or grant for within 180 days after initiating such an audit export the articles enumerated in subsection any proposed service territory in which not and every 180 days thereafter until any such (a); and less than 25 percent of the households in the audit is completed. (2) does not permit the export without a li- proposed service territory in the aggregate (b) Within 60 days after the date on which cense of— are offered broadband service by not less an audit described in subsection (a) by an In- (A) fully automatic firearms and compo- than 2 incumbent service providers.’’. spector General is completed, the Secretary, nents and parts for such firearms, other than Attorney General, Administrator, Director, for end use by the Federal Government, or a SA 878. Ms. SNOWE (for herself, Mr. or President, as appropriate, shall make the Provincial or Municipal Government of Can- BLUMENTHAL, Mr. SCHUMER, Mr. GRASS- results of the audit available to the public on ada; LEY, Mr. CASEY, Ms. KLOBUCHAR, Ms. the Internet website maintained by the De- (B) barrels, cylinders, receivers (frames) or COLLINS, Mr. COONS, Mr. KIRK, Mr. partment, Administration, Foundation, or complete breech mechanisms for any firearm WYDEN, Mr. LAUTENBERG, Mr. BROWN, Corporation, respectively. The results shall listed in Category I, other than for end use of Ohio, Mr. SESSIONS, and Mrs. FEIN- be made available in redacted form to ex- by the Federal Government, or a Provincial clude— STEIN) submitted an amendment in- or Municipal Government of Canada; or tended to be proposed to amendment (1) any matter described in section 552(b) of (C) articles for export from Canada to an- title 5, United States Code; and other foreign destination. SA 738 proposed by Mr. INOUYE to the (2) sensitive personal information for any (c) In accordance with this section, the bill H.R. 2112, making appropriations individual, the public access to which could District Directors of Customs and post- for Agriculture, Rural Development, be used to commit identity theft or for other masters shall permit the permanent or tem- Food and Drug Administration, and inappropriate or unlawful purposes. porary export without a license of any un- Related Agencies programs for the fis- (c) A grant or contract funded by amounts classified articles specified in subsection (a) cal year ending September 30, 2012, and appropriated by this Act may not be used for to Canada for end use in Canada or return to the purpose of defraying the costs of a ban- for other purposes; which was ordered the United States, or temporary import of to lie on the table; as follows: quet or conference that is not directly and Canadian-origin items from Canada for end programmatically related to the purpose for use in the United States or return to Canada On page 153, after line 24, add the fol- which the grant or contract was awarded, for a Canadian citizen. lowing: such as a banquet or conference held in con- (d) The President may require export li- SEC. 218. REPORT ON COMBATING SYNTHETIC nection with planning, training, assessment, censes under this section on a temporary DRUGS. review, or other routine purposes related to basis if the President determines, upon pub- (a) IN GENERAL.—Using amounts made a project funded by the grant or contract. lication first in the Federal Register, that available under this Act, and not later than (d) Any person awarded a grant or contract the Government of Canada has implemented 90 days after the date of enactment of this funded by amounts appropriated by this Act or maintained inadequate import controls Act, the Director of the Office of National shall submit a statement to the Secretary of for the articles specified in subsection (a), Drug Control Policy, in coordination with Commerce, the Attorney General, the Ad- such that a significant diversion of such arti- the Attorney General, shall submit to the ministrator, Director, or President, as appro- cles has and continues to take place for use Committee on the Judiciary of the Senate priate, certifying that no funds derived from in international terrorism or in the esca- and the Committee on the Judiciary of the the grant or contract will be made available lation of a conflict in another nation. The House of Representatives a report detailing through a subcontract or in any other man- President shall terminate the requirements the strategy of the Federal Government for ner to another person who has a financial in- of a license when reasons for the temporary partnering with local law enforcement agen- terest in the person awarded the grant or requirements have ceased. cies to target the spread of synthetic drugs, contract. including methylenedioxypyrovalerone and SEC. 521. Notwithstanding any other provi- (e) The provisions of the preceding sub- sion of law, hereafter, no department, agen- mephedrone. sections of this section shall take effect 30 (b) CONTENTS.—The report submitted under cy, or instrumentality of the days after the date on which the Director of subsection (a) shall include the strategy of the Office of Management and Budget, in Mr. KIRK submitted an the Federal Government for— consultation with the Director of the Office SA 876. (1) conducting public awareness campaigns of Government Ethics, determines that a amendment intended to be proposed by and partnering with local law enforcement uniform set of rules and requirements, sub- him to the bill H.R. 2112, making ap- officials, hospitals, and schools to educate stantially similar to the requirements in propriations for Agriculture, Rural De- parents and young people about the dangers such subsections, consistently apply under velopment, Food and Drug Administra- of abusing synthetic drugs;

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(2) addressing the rampant abuse and ease the Secretary, before the date on which such ative under the heading ‘‘SALARIES AND EX- of access of synthetic drugs in rural commu- determination takes effect, shall— PENSES’’ under the heading ‘‘OFFICE OF THE nities, where such problems can multiply (1) post the waiver request and a detailed UNITED STATES TRADE REPRESENTATIVE’’ in quickly while attention is placed on larger written justification of the need for such title IV of this division and available for the population centers; waiver on the Department of Transpor- Office of the Special Textile Negotiator shall (3) using the High Intensity Drug Traf- tation’s public website; instead be available for the Office of the ficking Areas program to provide additional (2) publish a detailed written justification General Counsel. assistance to law enforcement agencies oper- of the need for such waiver in the Federal ating in areas experiencing high levels of Register; and SA 881. Mr. WYDEN submitted an synthetic drug trafficking; (3) provide notice of such determination amendment intended to be proposed to (4) improving coordination with U.S. Cus- and an opportunity for public comment for a amendment SA 765 submitted by Mr. toms and Border Protection to seize ship- reasonable period of time not to exceed 15 DEMINT and intended to be proposed to ments of synthetic drugs; days. the bill H.R. 2112, making appropria- (5) developing and distributing test kits so (f) STATE REQUIREMENTS.—The Secretary tions for Agriculture, Rural Develop- of Transportation may not impose any limi- that local law enforcement agencies can bet- ment, Food and Drug Administration, ter identify dangerous individuals under the tation on amounts made available under this influence of synthetic drugs in the field; and title to carry out parts A and B of subtitle V and Related Agencies programs for the (6) using the authority under section 203 of of title 49, United States Code, which— fiscal year ending September 30, 2012, the Controlled Substances Act (21 U.S.C. (1) restricts a State from imposing require- and for other purposes; which was or- 813), to pursue law enforcement actions ments that are more stringent than the re- dered to lie on the table; as follows: against the distribution of synthetic drugs. quirements under this section on the use of In lieu of the matter proposed to be in- articles, materials, and supplies mined, pro- serted, insert the following: SA 879. Mr. MERKLEY (for himself duced, or manufactured in foreign countries, SEC. ll. The amount appropriated to the and Mr. WYDEN) submitted an amend- in projects carried out with such assistance; Office of the United States Trade Represent- ment intended to be proposed to or ative under the heading ‘‘SALARIES AND EX- amendment SA 738 proposed by Mr. (2) prohibits any recipient of such amounts PENSES’’ under the heading ‘‘OFFICE OF THE from complying with State requirements au- UNITED STATES TRADE REPRESENTATIVE’’ in INOUYE to the bill H.R. 2112, making ap- thorized under paragraph (1). title IV of division B and available for the propriations for Agriculture, Rural De- (g) CERTIFICATION.—The Secretary of Office of the Special Textile Negotiator shall velopment, Food and Drug Administra- Transportation may authorize a manufac- instead be available for the Office of the tion, and Related Agencies programs turer or supplier of steel, iron, or manufac- General Counsel. for the fiscal year ending September 30, tured goods to correct, after bid opening, any 2012, and for other purposes; as follows: certification of noncompliance or failure to SA 882. Mr. TESTER submitted an properly complete the certification (except amendment intended to be proposed to On page 264, between lines 9 and 10, insert for failure to sign the certification) under the following: amendment SA 738 proposed by Mr. this section if such manufacturer or supplier INOUYE to the bill H.R. 2112, making ap- SEC. 153. BUYING GOODS PRODUCED IN THE attests, under penalty of perjury, and estab- propriations for Agriculture, Rural De- UNITED STATES. lishes, by a preponderance of the evidence, (a) COMPLIANCE.—None of the funds made that such manufacturer or supplier sub- velopment, Food and Drug Administra- available under this title to carry out parts mitted an incorrect certification as a result tion, and Related Agencies programs A and B of subtitle V of title 49, United of an inadvertent or clerical error. for the fiscal year ending September 30, States Code, may be expended by any entity (h) REVIEW.—Any entity adversely affected 2012, and for other purposes; which was unless the entity agrees that such expendi- by an action by the Department of Transpor- ordered to lie on the table; as follows: tures will comply with the requirements tation under this section is entitled to seek After section 217 of title II of division B, under this section. judicial review of such action in accordance insert the following: (b) PREFERENCE.— with section 702 of title 5, United States SEC. 218. None of the funds appropriated or (1) IN GENERAL.—Notwithstanding any Code. otherwise made available under this Act may other provision of law, the Secretary of (i) MINIMUM COST.—The requirements be used to enforce subsection (d)(3) or sub- Transportation may not obligate any funds under this section shall only apply to con- section (g)(3) of section 922 of title 18, United appropriated under this title to carry out tracts for which the costs exceed $100,000. States Code, based on the use of marijuana parts A and B of subtitle V of title 49, United (j) INTERNATIONAL AGREEMENTS.—This sec- legally under State law by an individual. States Code, unless all the steel, iron, and tion shall be applied in a manner consistent manufactured products used in the project with United States obligations under inter- SA 883. Ms. STABENOW (for herself are produced in the United States. national agreements. and Mr. BINGAMAN) submitted an (2) WAIVER.—The Secretary of Transpor- (k) FRAUDULENT USE OF ‘‘MADE IN AMER- amendment intended to be proposed to ICA’’ LABEL.—An entity is ineligible to re- tation may waive the application of para- amendment SA 769 proposed by Mr. graph (1) in circumstances in which the Sec- ceive a contract or subcontract made with retary determines that— amounts appropriated under this title to VITTER to the amendment SA 738 pro- (A) such application would be inconsistent carry out parts A and B of subtitle V of title posed by Mr. INOUYE to the bill H.R. with the public interest; 49, United States Code, if a court or depart- 2112, making appropriations for Agri- (B) such materials and products produced ment, agency, or instrumentality of the Gov- culture, Rural Development, Food and in the United States are not produced in a ernment determines that the person inten- Drug Administration, and Related sufficient and reasonably available amount tionally— Agencies programs for the fiscal year or are not of a satisfactory quality; or (1) affixed a ‘‘Made in America’’ label, or a ending September 30, 2012, and for (C) inclusion of domestic material would label with an inscription having the same other purposes; which was ordered to increase the cost of the overall project by meaning, to goods sold in or shipped to the more than 25 percent. United States that are used in a project to lie on the table; as follows: (c) LABOR COSTS.—For purposes of this sub- which this section applies, but were not pro- On page 1 of the amendment, strike line 10 section (b)(2)(C), labor costs involved in final duced in the United States; or and insert the following: ‘‘Act: Provided, assembly shall not be included in calculating (2) represented that goods described in That the prescription drug may not be (1) a the cost of components. paragraph (1) were produced in the United controlled substance, as defined in section (d) MANUFACTURING PLAN.—The Secretary States. 102 of the Controlled Substances Act (21 of Transportation shall prepare, in conjunc- U.S.C. 802); or (2) a biological product, as de- tion the Secretary of Commerce, a manufac- SA 880. Mr. WYDEN submitted an fined in section 351 of the Public Health turing plan that— amendment intended to be proposed to Service Act (42 U.S.C. 262). None of the funds (1) promotes the production of products in amendment SA 738 proposed by Mr. made available in this Act for the Food and Drug Administration shall be used to change the United States that are the subject of INOUYE to the bill H.R. 2112, making ap- waivers granted under subsection (b)(2)(B); the practices and policies of the Food and propriations for Agriculture, Rural De- Drug Administration, in effect on October 1, (2) addresses how such products may be velopment, Food and Drug Administra- produced in a sufficient and reasonably 2011, with respect to the importation of pre- available amount, and in a satisfactory qual- tion, and Related Agencies programs scription drugs into the United States by an ity, in the United States; and for the fiscal year ending September 30, individual, on the person of such individual, (3) addresses the creation of a public data- 2012, and for other purposes; which was for personal use, with respect to such impor- base for the waivers granted under sub- ordered to lie on the table; as follows: tation by individuals from countries other section (b)(2)(B). On page 209, between lines 2 and 3, insert than Canada.’’. (e) WAIVER NOTICE AND COMMENT.—If the the following: Secretary of Transportation determines that SEC. 542. The amount appropriated to the SA 884. Mr. VITTER submitted an a waiver of subsection (b)(1) is warranted, Office of the United States Trade Represent- amendment intended to be proposed by

VerDate Mar 15 2010 05:44 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.076 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6784 CONGRESSIONAL RECORD — SENATE October 19, 2011 him to the bill H.R. 2112, making ap- under section 31 of the Trademark Act of the plan for the obligation and expenditure propriations for Agriculture, Rural De- 1946 shall be used only for the processing of of the total amount of the funds for that fis- velopment, Food and Drug Administra- trademark registrations and for other activi- cal year in accordance with section 605 of the tion, and Related Agencies programs ties, services, and materials relating to Science, State, Justice, Commerce, and Re- trademarks and to cover a proportionate lated Agencies Appropriations Act, 2006 for the fiscal year ending September 30, share of the administrative costs of the Pat- (Public Law 109-108; 119 Stat. 2334). 2012, and for other purposes; which was ent and Trademark Office.’’; and (2) CONTENTS.—Each plan under paragraph ordered to lie on the table; as follows: (iii) by striking paragraphs (2) and (3). (1) shall— After section 217 of title II of division B, (2) EFFECTIVE DATE.—The amendments (A) summarize the operations of the Office insert the following: made by paragraph (1) shall take effect on for the current fiscal year, including finan- SEC. 218. (a) AUDIT OF DNA AND RAPE KIT the first day of the first fiscal year that be- cial details and staff levels with respect to BACKLOG GRANTS.—The Comptroller General gins after the date of enactment of this Act. major activities; and of the United States shall conduct a study of (b) USPTO REVOLVING FUND.— (B) detail the operating plan of the Office, any grants awarded for the purpose of pre- (1) DEFINITIONS.—In this subsection— including specific expense and staff needs, venting or reducing DNA and rape kit back- (A) the term ‘‘Fund’’ means the United for the current fiscal year. States Patent and Trademark Office Public logs by the Department of Justice using (e) AUDIT.—The Under Secretary shall, on Enterprise Fund established under paragraph amounts made available under this Act, and an annual basis, provide for an independent (2); any such grants made during the preceding 4 audit of the financial statements of the Of- (B) the term ‘‘Director’’ means the Direc- fiscal years, to determine whether the grant fice. Such audit shall be conducted in ac- funds are being used to the maximum extent tor of the United States Patent and Trade- mark Office; cordance with generally acceptable account- to— (C) the term ‘‘Office’’ means the United ing procedures. (1) reduce and prevent DNA and rape kit States Patent and Trademark Office; and (f) BUDGET.—The Director shall prepare backlogs; and (D) the term ‘‘Under Secretary’’ means the and submit each year to the President a (2) increase the capacity of State and local Under Secretary of Commerce for Intellec- business-type budget in a manner, and before laboratories in analyzing DNA and rape kits. tual Property. a date, as the President prescribes by regula- (b) CONTENTS.—The study required under (2) ESTABLISHMENT.—There is established tion for the budget program. subsection (a) shall— in the Treasury of the United States a re- (1) include an analysis of what proportion (g) TECHNICAL AND CONFORMING AMEND- volving fund to be known as the ‘‘United of grant dollars, annually, are provided to— MENTS.—Section 11 of the Leahy-Smith States Patent and Trademark Office Public (A) State and local laboratories; America Invents Act (35 U.S.C. 41 note) is Enterprise Fund’’. Any amounts in the Fund (B) non-government entities; and amended— shall be available for use by the Director (1) in subsection (h), by amending para- (C) the National Institute of Justice pro- without fiscal year limitation. gram office; graph (3) to read as follows: (3) DERIVATION OF RESOURCES.—There shall (2) detail the methodology used to dis- ‘‘(3) DEPOSIT OF FEES.—All fees paid under be deposited into the Fund on or after the ef- this subsection shall be credited to the tribute grant dollars, particularly through fective date of subsection (a)— the discretionary authority of the National United States Patent and Trademark Office (A) any fees collected under sections 41, 42, Public Enterprise Fund, established under Institute of Justice; and and 376 of title 35, United States Code, pro- (3) include an analysis of how the National section 2(b)(2) of the Patent and Trademark vided that notwithstanding any other provi- Office Revolving Fund Act of 2011, shall re- Institute of Justice inventories and compiles sion of law, if such fees are collected by, and grant data and results, including— main available until expended, and may be payable to, the Director, the Director shall used only for the purposes specified in sec- (A) a breakdown of the amount of funds transfer such amounts to the Fund; and provided to non-government DNA labora- tion 2(b)(4) of such Act.’’; and (B) any fees collected under section 31 of (2) in subsection (i)— tories on an annual basis; and the Trademark Act of 1946 (15 U.S.C. 1113). (B) a description of the contribution of the (A) in the header, by striking ‘‘APPROPRIA- (4) EXPENSES.—Amounts deposited into the National Institute of Justice towards in- TION ACCOUNT’’; and Fund under paragraph (2) shall be available, (B) by amending paragraph (1)(B) to read creasing capacity and reducing backlogs for without fiscal year limitation, to cover— government DNA laboratories. as follows: (A) all expenses to the extent consistent ‘‘(B) DEPOSIT OF AMOUNTS.—Amounts col- with the limitation on the use of fees set SA 885. Mr. BEGICH (for himself, Mr. lected pursuant to the surcharge imposed forth in section 42(c) of title 35, United under subparagraph (A) shall be credited to COBURN, Mr. UDALL of Colorado, Mr. States Code, including all administrative the United States Patent and Trademark Of- BENNET, Mr. ENZI, and Mr. BURR) sub- and operating expenses, determined in the fice Public Enterprise Fund, established mitted an amendment intended to be discretion of the Under Secretary to be ordi- under section 2(b)(2) of the Patent and proposed by him to the bill H.R. 2112, nary and reasonable, incurred by the Under Trademark Office Revolving Fund Act of making appropriations for Agriculture, Secretary and the Director for the continued 2011, shall remain available until expended, Rural Development, Food and Drug Ad- operation of all services, programs, activi- and may be used only for the purposes speci- ministration, and Related Agencies ties, and duties of the Office relating to pat- fied in section 2(b)(4) of such Act.’’. ents and trademarks, as such services, pro- programs for the fiscal year ending grams, activities, and duties are described September 30, 2012, and for other pur- under— SA 886. Mr. BAUCUS (for himself, Ms. poses; which was ordered to lie on the (i) title 35, United States Code; and STABENOW, and Mr. BROWN of Ohio) table; as follows: (ii) the Trademark Act of 1946; and submitted an amendment intended to On page 108, between lines 22 and 23, insert (B) all expenses incurred pursuant to any be proposed by him to the bill H.R. the following: obligation, representation, or other commit- 2112, making appropriations for Agri- ment of the Office. PATENT AND TRADEMARK OFFICE FUNDING culture, Rural Development, Food and (c) ANNUAL REPORT.—Not later than 60 SEC. 114. (a) FUNDING.— days after the end of each fiscal year, the Drug Administration, and Related (1) IN GENERAL.—Section 42 of title 35, Under Secretary and the Director shall sub- Agencies programs for the fiscal year United States Code, is amended— mit a report to Congress which shall— ending September 30, 2012, and for (A) in subsection (b), by striking ‘‘Patent (1) summarize the operations of the Office other purposes; which was ordered to and Trademark Office Appropriation Ac- for the preceding fiscal year, including finan- lie on the table; as follows: count’’ and inserting ‘‘United States Patent cial details and staff levels broken down by and Trademark Office Public Enterprise each major activity of the Office; On page 209, between lines 2 and 3, insert Fund’’; (2) detail the operating plan of the Office, the following: (B) by striking ‘‘(c)(1)’’ and inserting ‘‘(c)’’; including specific expense and staff needs for SEC. 542. (a) The matter under the heading and the upcoming fiscal year; ‘‘SALARIES AND EXPENSES’’ under the heading (C) in subsection (c)— (3) describe the long term modernization ‘‘OFFICE OF THE UNITED STATES TRADE REP- (i) in the first sentence— plans of the Office; RESENTATIVE’’ in title IV of this division is (I) by striking ‘‘To the extent’’ and all that (4) set forth details of any progress towards amended— follows through ‘‘fees’’ and inserting ‘‘Fees’’; such modernization plans made in the pre- (1) by striking ‘‘$46,775,000’’ and inserting and vious fiscal year; and ‘‘$51,251,000’’; and (II) by striking ‘‘shall be collected by and (5) include the results of the most recent (2) by striking the period at the end and in- shall, subject to paragraph (3), be available audit carried out under subsection (e). serting ‘‘: Provided, That $4,476,000 shall be to the Director’’ and inserting ‘‘shall be col- (d) ANNUAL SPENDING PLAN.— available for, among other activities, devel- lected by the Director and shall be available (1) IN GENERAL.—Not later than 30 days oping opportunities for small businesses to until expended’’; after the beginning of each fiscal year, the access the markets of foreign countries and (ii) by inserting after the first sentence the Director shall notify the Committees on Ap- enforcing trade agreements to which the following: ‘‘All fees available to the Director propriations of both Houses of Congress of United States is a party.’’.

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(b) The matter under the heading ‘‘SALA- (B) submit each such audit plan to the In- (1) be an entity with experience in evalu- RIES AND EXPENSES’’ under the heading ‘‘NA- spector General of the Department of Com- ating the management and operating struc- TIONAL TELECOMMUNICATIONS AND INFORMA- merce or the Inspector General of the De- ture of large organizations; and TION ADMINISTRATION’’ in title I of this divi- partment of the Treasury, as appropriate; (2) submit to the Secretary an application sion is amended by striking ‘‘$45,568,000’’ and (C) carry out the audit; and at such time, in such manner, and con- inserting ‘‘$41,092,000’’. (D) submit the final audit results to the In- taining such information as the Secretary spector General of the Department of Com- may require. SA 887. Mr. MERKLEY (for himself merce or the Inspector General of the De- (c) ACTIVITIES.—The entity with which the and Mr. BROWN of Massachusetts) sub- partment of the Treasury, as appropriate, Secretary enters into the contract under mitted an amendment intended to be upon completion. subsection (a) shall, pursuant to such con- proposed to amendment SA 738 pro- tract, conduct an extensive review of the posed by Mr. INOUYE to the bill H.R. SA 890. Mr. BURR (for himself and management and regulatory processes at the 2112, making appropriations for Agri- Mr. COBURN) submitted an amendment Center for Devices and Radiological Health culture, Rural Development, Food and intended to be proposed by him to the of the Food and Drug Administration to en- Drug Administration, and Related bill H.R. 2112, making appropriations sure any actions carried out by such Center for Agriculture, Rural Development, take into consideration the potential im- Agencies programs for the fiscal year pacts on innovation with respect to medical ending September 30, 2012, and for Food and Drug Administration, and Related Agencies programs for the fis- devices and other products regulated by such other purposes; which was ordered to Center. lie on the table; as follows: cal year ending September 30, 2012, and (d) REPORT.—Not later than 1 year after On page 371, after line 7, add the following: for other purposes; which was ordered the date that the Secretary enters into the SEC. ll. Owners of properties supported to lie on the table; as follows: contract with the eligible entity under sub- by the Secretary other than under section 9 On page 62, line 17, strike the period and section (a), such entity shall submit to Con- of the United States Housing Act of 1937 (42 insert the following: ‘‘: Provided further, That gress and the Secretary a report that de- U.S.C. 1437g), for which an event causing the not later than 90 days after the date of en- scribes the findings and recommendations of cessation of rental assistance or afford- actment of this Act, the Secretary of Health such entity based on the review conducted ability restrictions has resulted or will re- and Human Services shall submit to Con- under subsection (c). sult in eligibility for tenant protection gress a report that discloses, with respect to (e) FUNDING.—To carry out this section, vouchers under section 8(o) or enhanced all drugs, devices, and biological products the Secretary shall use funds otherwise made vouchers under section 8(t) of such Act, shall approved, cleared, or licensed under the Fed- available under this division for the oper- be eligible for, subject to requirements es- eral Food, Drug, and Cosmetic Act or the ations of the Office of the Commissioner of tablished by the Secretary, including tenant Public Health Service Act during calendar Food and Drugs. consultation procedures, and in lieu of year 2011, including such drugs, devices, and issuance or continuation of such vouchers, biological products so approved, cleared, or SA 892. Mr. MCCAIN submitted an conversion of assistance available for such licensed using funds made available under amendment intended to be proposed by vouchers to assistance under section 8(o)(13) this Act: (1) the average number of calendar him to the bill H.R. 2112, making ap- of such Act, except that, only with respect to days that elapsed from the date that drug propriations for Agriculture, Rural De- such conversions, the Secretary may alter or applications (including any supplements) velopment, Food and Drug Administra- waive the provisions of subsections were submitted to such Secretary under sec- 8(o)(13)(B), (C), and (D) and, for enhanced tion 505 of the Federal Food, Drug, and Cos- tion, and Related Agencies programs voucher being converted, of subsection metic Act (21 U.S.C. 355) until the date that for the fiscal year ending September 30, 8(o)(13)(H). the drugs were approved under such section 2012, and for other purposes; which was 505; (2) the average number of calendar days ordered to lie on the table; as follows: SA 888. Ms. MURKOWSKI (for herself that elapsed from the date that applications On page 70, line 7, insert ‘‘or that the clos- and Mr. BEGICH) submitted an amend- for device clearance (including any supple- ing or relocation would result in cost sav- ment intended to be proposed by her to ments) under section 510(k) of such Act (21 ings’’ after ‘‘delivery’’. the bill H.R. 2112, making appropria- U.S.C. 360(k)) or for premarket approval (in- tions for Agriculture, Rural Develop- cluding any supplements) under section 515 SA 893. Ms. CANTWELL (for herself, of such Act (21 U.S.C. 360e) were submitted to ment, Food and Drug Administration, such Secretary until the date that the de- Ms. MURKOWSKI, and Mr. BEGICH) sub- and Related Agencies programs for the vices were cleared under such section 510(k) mitted an amendment intended to be fiscal year ending September 30, 2012, or approved under such section 515; and (3) proposed by her to the bill H.R. 2112, and for other purposes; which was or- the average number of calendar days that making appropriations for Agriculture, dered to lie on the table; as follows: elapsed from the date that biological license Rural Development, Food and Drug Ad- On page 108, between lines 22 and 23, insert applications (including any supplements) ministration, and Related Agencies the following: were submitted to such Secretary under sec- programs for the fiscal year ending SEC. 114. None of the funds made available tion 351 of the Public Health Service Act (42 September 30, 2012, and for other pur- by this Act may be used for coastal and ma- U.S.C. 262) until the date that the biological rine spatial planning (as defined by Execu- products were licensed under such section poses; which was ordered to lie on the tive Order 13547 (33 U.S.C. 857-19 note; relat- 351.’’. table; as follows: ing to stewardship of the ocean, coasts, and On page 108, between lines 22 and 23, insert Great Lakes)) for a single State region if the SA 891. Mr. BURR (for himself, Ms. the following: Governor of the State within such region KLOBUCHAR, and Mr. BENNET) sub- SEC. 114. (a) SHORT TITLE.—This section provides written objection to such planning. mitted an amendment intended to be may be cited as the ‘‘Emergency Response, proposed by him to the bill H.R. 2112, Research, and Management: Stopping the SA 889. Mr. BROWN of Massachusetts making appropriations for Agriculture, Spread of the Infectious Salmon Anemia (for himself and Mr. KERRY) submitted Rural Development, Food and Drug Ad- Virus Act’’. an amendment intended to be proposed (b) FINDINGS.—Congress finds the fol- ministration, and Related Agencies lowing: by him to the bill H.R. 2112, making ap- programs for the fiscal year ending propriations for Agriculture, Rural De- (1) Salmon are a keystone species, sus- September 30, 2012, and for other pur- taining more than 180 other species in fresh- velopment, Food and Drug Administra- poses; which was ordered to lie on the water and marine ecosystems. tion, and Related Agencies programs table; as follows: (2) Salmon are a central part of the cul- for the fiscal year ending September 30, At the appropriate place in title VII of di- ture, economy, and environment of Western 2012, and for other purposes; which was vision A, insert the following: North America. ordered to lie on the table; as follows: SEC. ll. MANAGEMENT AND INNOVATION RE- (3) Economic activities relating to salmon On page 105, between lines 12 and 13, insert VIEW. generate billions of dollars of economic ac- the following: (a) IN GENERAL.—Not later than 60 days tivity and provide tens of thousands of jobs. (b)(1) Fees deposited in the Fisheries En- after the date of enactment of this Act, the (4) Infectious salmon anemia poses a risk forcement Asset Forfeiture Fund may be Secretary of Health and Human Services (re- to wild and hatchery salmon populations and used without further annual appropriation to ferred to in this section as the ‘‘Secretary’’), therefore threatens— conduct the audits required by paragraph (2). acting through the Commissioner of Food (A) commercial, tribal, and recreational (2) For each of the fiscal years 2012, 2013, and Drugs, shall enter into a contract with salmon fishery jobs; and 2014, the Secretary or the Secretary of an eligible entity to carry out the activities (B) ecosystems which rely on healthy the Treasury shall— described in subsection (c). salmonid populations; and (A) prepare an annual audit plan for the (b) ELIGIBLE ENTITY.—To be eligible to (C) ecosystem based processes which rely Fisheries Enforcement Asset Forfeiture enter into a contract with the Secretary on healthy salmon populations. Fund; under subsection (a), an entity shall— (c) RESEARCH.—

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(1) RESEARCH COORDINATION.—The National SEC. lll. (a) Notwithstanding any other COMMITTEE ON ENVIRONMENT AND PUBLIC Aquatic Animal Health Task Force shall co- provision of this Act and except as provided WORKS AND THE SUBCOMMITTEE ON SUPER- ordinate research, monitoring, and reporting in subsection (b), any report required to be FUND, TOXICS, AND ENVIRONMENTAL HEALTH efforts of infectious salmon anemia in the submitted by a Federal agency or depart- Mr. CARDIN. Mr. President, I ask waterways of Alaska, Washington, Oregon, ment to the Committee on Appropriations of unanimous consent that the Com- California, and Idaho. either the Senate or the House of Represent- (2) RESEARCH OBJECTIVES.—The Task Force atives in this Act shall be posted on the pub- mittee on Environment and Public shall establish infectious salmon anemia re- lic website of that agency upon receipt by Works and the Subcommittee on search objectives to assess— the committee. Superfund, Toxics, and Environmental (A) the prevalence of infectious salmon (b) Subsection (a) shall not apply to a re- Health be authorized to meet during anemia in both wild and aquaculture port if— the session of the Senate on October 19, salmonid populations throughout Alaska, (1) the public posting of the report com- 2011, at 10 a.m. in Dirksen 406 to con- Washington, Oregon, California, and Idaho; promises national security; or duct a joint hearing entitled, ‘‘Over- (B) genetic susceptibility by population (2) the report contains proprietary infor- sight Hearing on the Brownfields Pro- and species; mation. (C) susceptibility of populations to infec- gram—Cleaning Up and Rebuilding tious salmon anemia from geographic and f Communities.’’ oceanographic factors; NOTICES OF INTENT TO OBJECT The PRESIDING OFFICER. Without (D) potential transmission pathways be- objection, it is so ordered. tween infectious Canadian sockeye and TO PROCEEDING COMMITTEE ON HOMELAND SECURITY AND uninfected salmonid populations in United I, Senator ORRIN HATCH, intend to ob- GOVERNMENTAL AFFAIRS States waters; ject to proceeding to the nomination of (E) management strategies to rapidly re- William J. Boarman to be Public Print- Mr. CARDIN. Mr. President, I ask spond to potential infectious salmon anemia er at the Government Printing Office, unanimous consent that the Com- outbreaks in both wild and aquaculture pop- mittee on Homeland Security and Gov- ulations, including securing the water sup- dated October 19, 2011. I, Senator JOHNNY ISAKSON, intend to ernmental Affairs be authorized to plies at conservation hatcheries to protect meet during the session of the Senate hatchery fish from exposure to the infectious object to proceeding to the nomination salmon anemia virus present in incoming of William J. Boarman to be Public on October 19, 2011, at 10 a.m. surface water; Printer at the Government Printing The PRESIDING OFFICER. Without (F) potential economic impacts of infec- Office, dated October 19, 2011. objection, it is so ordered. tious salmon anemia; COMMITTEE ON THE JUDICIARY (G) any role foreign salmon farms may f have in spreading the disease to wild popu- Mr. CARDIN. Mr. President, I ask lations; NOTICES OF INTENT TO SUSPEND unanimous consent that the Com- (H) the identity of any potential Federal, THE RULES mittee on the Judiciary be authorized State, tribal, and international research Mr. DEMINT. Mr. President, I submit to meet during the session of the Sen- partners; and the following notice in writing: In ac- ate on October 19, 2011, at 10 a.m., in (I) other infectious salmon anemia re- room SD–226 of the Dirksen Senate Of- search priorities, as determined by the Task cordance with rule V of the Standing Force. Rules of the Senate, I hereby give no- fice Building, to conduct a hearing en- (3) RESEARCH COLLABORATION.—The Task tice in writing that it is my intention titled ‘‘Oversight of the Department of Force shall— to move to suspend rule XVI for the Homeland Security.’’ (A) collaborate with the Government of purpose of proposing and considering The PRESIDING OFFICER. Without Canada and Federal, State, and tribal gov- amendment No. 773 to H.R. 2112. objection, it is so ordered. ernments to acquire baseline data and to Mr. DEMINT. Mr. President, I submit COMMITTEE ON THE JUDICIARY carry out the research objectives described the following notice in writing: In ac- in paragraph (2); and Mr. CARDIN. Mr. President, I ask cordance with rule V of the Standing (B) collaborate for such purposes with the unanimous consent that the Com- Rules of the Senate, I hereby give no- Department of Fish and Wildlife of Wash- mittee on the Judiciary be authorized tice in writing that it is my intention ington and the Department of Fish and to meet during the session of the Sen- to move to suspend rule XVI for the Game of Alaska. ate on October 19, 2011, at 2:30 p.m., in (d) REPORT TO CONGRESS.—Not later than 6 purpose of proposing and considering room SD–226 of the Dirksen Senate Of- months after the date of the enactment of amendment No. 774 to H.R. 2112. this Act, the National Aquatic Animal fice Building, to conduct a hearing en- Health Task Force shall submit to the Com- f titled ‘‘Nominations.’’ mittee on Commerce, Science, and Transpor- AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without tation of the Senate and the Committee on objection, it is so ordered. Natural Resources of the House of Rep- MEET resentatives a report of the findings of the SUBCOMMITTEE ON READINESS AND COMMITTEE ON COMMERCE SCIENCE, AND research objectives described in subsection MANAGEMENT SUPPORT TRANSPORTATION (c)(2). Mr. CARDIN. Mr. President, I ask Mr. CARDIN. Mr. President, I ask SA 894. Mr. CARDIN submitted an unanimous consent that the Com- unanimous consent that the Sub- amendment intended to be proposed by mittee on Commerce, Science, and committee on Readiness and Manage- him to the bill H.R. 2112, making ap- Transportation be authorized to meet ment Support of the Committee on propriations for Agriculture, Rural De- during the session of the Senate on Oc- Armed Services be authorized to meet velopment, Food and Drug Administra- tober 19, 2011, at 2:30 p.m., in room 253 during the session of the Senate on Oc- tion, and Related Agencies programs of the Russell Senate Office Building. tober 19, 2011, at 2:30 p.m. for the fiscal year ending September 30, The Committee will hold a hearing en- The PRESIDING OFFICER. Without 2012, and for other purposes; which was titled, ‘‘Concussions and the Marketing objection, it is so ordered. ordered to lie on the table; as follows: of Sports Equipment.’’ SUBCOMMITTEE ON SECURITIES, INSURANCE, AND Strike section 128 of division C. The PRESIDING OFFICER. Without INVESTMENT objection, it is so ordered. Mr. CARDIN. Mr. President, I ask SA 895. Mr. RUBIO submitted an amendment intended to be proposed to COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- amendment SA 738 proposed by Mr. RESOURCES mittee on Banking, Housing, and INOUYE to the bill H.R. 2112, making ap- Mr. CARDIN. Mr. President, I ask Urban Affairs’ Subcommittee on Secu- propriations for Agriculture, Rural De- unanimous consent that the Com- rities, Insurance, and Investment, be velopment, Food and Drug Administra- mittee on Energy and Natural Re- authorized to meet during the session tion, and Related Agencies programs sources be authorized to meet during of the Senate on October 19, 2011, at for the fiscal year ending September 30, the session of the Senate on October 19, 9:30 a.m. to conduct a hearing entitled 2012, and for other purposes; which was 2011, at 2:30 p.m., in room 366 of the ‘‘Market Microstructure: Examination ordered to lie on the table; as follows: Dirksen Senate Office Building. of Exchange-Traded Funds (ETFS).’’ At the end of the amendment, insert the The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without following: objection, it is so ordered. objection, it is so ordered.

VerDate Mar 15 2010 05:44 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A19OC6.082 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE October 19, 2011 CONGRESSIONAL RECORD — SENATE S6787 PRIVILEGES OF THE FLOOR SECTION 1. SHORT TITLE. to, the preamble be agreed to, the mo- Mr. BROWN of Ohio. Mr. President, I This Act may be cited as the ‘‘Veterans’ tion to reconsider be laid upon the Compensation Cost-of-Living Adjustment table, and any statements be printed in ask unanimous consent that Peter Wis- Act of 2011’’. ner, a detailee from the Treasury De- the RECORD. SEC. 2. INCREASE IN RATES OF DISABILITY COM- partment, be given the privilege of the PENSATION AND DEPENDENCY AND The PRESIDING OFFICER. Without floor during the consideration of H.R. INDEMNITY COMPENSATION. objection, it is so ordered. 2112. (a) RATE ADJUSTMENT.—Effective on De- The resolution (S. Res. 299) was The PRESIDING OFFICER. Without cember 1, 2011, the Secretary of Veterans Af- agreed to. objection, it is so ordered. fairs shall increase, in accordance with sub- The preamble was agreed to. Mr. CARDIN. Mr. President, I ask section (c), the dollar amounts in effect on The resolution, with its preamble, unanimous consent that privileges of November 30, 2011, for the payment of dis- reads as follows: the floor be granted to the following ability compensation and dependency and in- demnity compensation under the provisions S. RES. 299 member of the staff of the Senator specified in subsection (b). Whereas, according to a report by from Oregon, Elizabeth Heintzman, (b) AMOUNTS TO BE INCREASED.—The dollar WorldatWork, a nonprofit professional asso- during the pendency of the pending amounts to be increased pursuant to sub- ciation with expertise in attracting, moti- business. section (a) are the following: vating, and retaining employees, the quality The PRESIDING OFFICER. Without (1) WARTIME DISABILITY COMPENSATION.— of workers’ jobs and the supportiveness of objection, it is so ordered. Each of the dollar amounts under section the workplace of the workers are key predic- tors of the job productivity, job satisfaction, f 1114 of title 38, United States Code. (2) ADDITIONAL COMPENSATION FOR DEPEND- and commitment to the employer of those UNANIMOUS CONSENT AGREE- ENTS.—Each of the dollar amounts under sec- workers, as well as of the ability of the em- MENT—EXECUTIVE CALENDAR tion 1115(1) of such title. ployer to retain those workers; Mr. REID. I ask unanimous consent (3) CLOTHING ALLOWANCE.—The dollar Whereas ‘‘work-life balance’’ refers to spe- amount under section 1162 of such title. cific organizational practices, policies, and that a time to be determined by the (4) DEPENDENCY AND INDEMNITY COMPENSA- programs that are guided by a philosophy of majority leader in consultation with TION TO SURVIVING SPOUSE.—Each of the dol- active support for the efforts of employees to the Republican leader, the Senate pro- lar amounts under subsections (a) through achieve success within and outside the work- ceed to executive session to consider (d) of section 1311 of such title. place, such as caring for dependents, health Calendar No. 410; that there be 4 hours (5) DEPENDENCY AND INDEMNITY COMPENSA- and wellness, paid and unpaid time off, finan- of debate equally divided in the usual TION TO CHILDREN.—Each of the dollar cial support, community involvement, and form; that upon the use or yielding amounts under sections 1313(a) and 1314 of workplace culture; back of that time, the Senate proceed such title. Whereas numerous studies show that em- to vote, without intervening action or (c) DETERMINATION OF INCREASE.— ployers that offer effective work-life balance (1) PERCENTAGE.—Except as provided in programs are better able to recruit more tal- debate, on Calendar No. 410, and that paragraph (2), each dollar amount described ented employees, maintain a happier, the nomination be subject to a 60-vote in subsection (b) shall be increased by the healthier, and less stressed workforce, and threshold; that no further motions be same percentage as the percentage by which retain experienced employees, which pro- in order to the nomination; that any benefit amounts payable under title II of the duces a more productive and stable work- statements related to the nomination Social Security Act (42 U.S.C. 401 et seq.) are force with less voluntary turnover; be printed in the RECORD; that the increased effective December 1, 2011, as a re- Whereas job flexibility often allows par- President be immediately notified of sult of a determination under section 215(i) ents to be more involved in the lives of their the Senate’s action, and the Senate of such Act (42 U.S.C. 415(i)). children, and research demonstrates that pa- (2) ROUNDING.—Each dollar amount in- rental involvement is associated with higher then resume legislative session. achievement in language and mathematics, The PRESIDING OFFICER. Without creased under paragraph (1), if not a whole dollar amount, shall be rounded to the next improved behavior, greater academic persist- objection, it is so ordered. lower whole dollar amount. ence, and lower dropout rates in children; f (d) SPECIAL RULE.—The Secretary of Vet- Whereas military families have special INCREASING RATES OF VETERANS erans Affairs may adjust administratively, work-family needs that often require robust consistent with the increases made under policies and programs that provide flexi- COMPENSATION subsection (a), the rates of disability com- bility to employees in unique circumstances; Mr. REID. I ask unanimous consent pensation payable to persons under section Whereas studies report that family rituals, that the Senate proceed to Calendar 10 of Public Law 85–857 (72 Stat. 1263) who such as sitting down to dinner together and No. 125. have not received compensation under chap- sharing activities on weekends and holidays, The PRESIDING OFFICER. The ter 11 of title 38, United States Code. positively influence the health and develop- clerk will report. (e) PUBLICATION OF ADJUSTED RATES.—The ment of children and that children who eat The assistant legislative clerk read Secretary of Veterans Affairs shall publish dinner with their families every day con- sume nearly a full serving more of fruits and as follows: in the Federal Register the amounts speci- fied in subsection (b), as increased under sub- vegetables per day than those who never eat The bill (S. 894) to amend title 38, United section (a), not later than the date on which dinner with their families or do so only occa- States Code, to provide for an increase, effec- the matters specified in section 215(i)(2)(D) of sionally; and tive December 1, 2011, in the rates of com- the Social Security Act (42 U.S.C. Whereas the month of October is an appro- pensation for veterans with service-con- 415(i)(2)(D)) are required to be published by priate month to designate as National Work nected disabilities and the rates of depend- reason of a determination made under sec- and Family Month: Now, therefore, be it ency and indemnity compensation for the tion 215(i) of such Act during fiscal year 2012. Resolved, That the Senate— survivors of certain disabled veterans, and f (1) designates October 2011 as ‘‘National for other purposes. Work and Family Month’’; There being no objection, the Senate NATIONAL WORK AND FAMILY (2) recognizes the importance of work proceeded to the bill. MONTH schedules that allow employees to spend Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- time with their families to job productivity and healthy families; the bill be read a third time and imous consent the Senate proceed to passed, the motion to reconsider be (3) urges public officials, employers, em- the consideration of S. Res. 299. ployees, and the general public to work to- laid on the table, with no intervening The PRESIDING OFFICER. The action or debate, and any statements gether to achieve more balance between clerk will report the resolution by work and family; and related to this matter be printed in the title. (4) calls upon the people of the United RECORD. States to observe National Work and Family The PRESIDING OFFICER. Without The assistant legislative clerk read as follows: Month with appropriate ceremonies and ac- objection, it is so ordered. tivities. The bill (S. 894) was ordered to be A resolution (S. Res. 299) designating Octo- read a third time, was read the third ber 2011 as ‘‘National Work and Family f time, and passed, as follows: Month.’’ RED RIBBON WEEK S. 894 There being no objection, the Senate Be it enacted by the Senate and House of Rep- proceeded to consider the resolution. Mr. REID. I ask unanimous consent resentatives of the United States of America in Mr. REID. Mr. President, I ask unan- the Senate proceed to consideration of Congress assembled, imous consent the resolution be agreed S. Res. 300.

VerDate Mar 15 2010 04:59 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\CR\FM\G19OC6.044 S19OCPT1 tjames on DSK6SPTVN1PROD with SENATE S6788 CONGRESSIONAL RECORD — SENATE October 19, 2011 The PRESIDING OFFICER. The Whereas since the majority of teenagers 2112, the Agriculture, CJS, and Trans- clerk will report the resolution by abusing prescription drugs get the prescrip- portation appropriations bill, until 12 title. tion drugs from family, friends, and home p.m., and that at 12 p.m. the Senate The assistant legislative clerk read medicine cabinets, the Drug Enforcement proceed to executive session to con- as follows: Administration will host a National Take Back Day on October 29, 2011, for the public sider Calendar No. 78, with 2 minutes of A resolution (S. Res. 300) supporting the to safely dispose of unused or expired pre- debate equally divided and controlled goals and ideals of Red Ribbon Week, 2011. scription medications that can lead to acci- in the usual form prior to a vote on the There being no objection, the Senate dental poisoning, overdose, and abuse; and confirmation of the nomination, and proceeded to consider the bill. Whereas parents, young people, schools, all other provisions of the previous Mr. REID. I ask unanimous consent businesses, law enforcement agencies, reli- order remain in effect; further, that the resolution be agreed, the preamble gious institutions, service organizations, when the Senate resumes legislative be agreed to, and the motion to recon- senior citizens, medical and military per- session, the Senate resume consider- sonnel, sports teams, and individuals sider be laid on the table. ation of H.R. 2112, and the Senate pro- The PRESIDING OFFICER. Without throughout the United States will dem- onstrate their commitment to healthy, pro- ceed to vote in relation to the Vitter objection, it is so ordered. amendment No. 769, as modified, and The resolution (S. Res. 300) was ductive, and drug-free lifestyles by wearing and displaying red ribbons during the week- the Webb amendment, No. 750; and that agreed to. long celebration of Red Ribbon Week: Now, The preamble was agreed to. at 2 p.m. the Senate proceed to vote in therefore, be it relation to the Merkley amendment The resolution, with its preamble, Resolved, That the Senate— reads as follows: No. 879, as modified; the Brown of Ohio (1) supports the goals and ideals of Red amendment No. 874, as modified; the S. RES. 300 Ribbon Week, 2011; Whereas the Red Ribbon Campaign was es- (2) encourages children and teens to choose Moran amendment No. 815; and the tablished to commemorate the service of to live drug-free lives; and Grassley amendment No. 860; with all Enrique ‘‘Kiki’’ Camarena, a special agent of (3) encourages the people of the United other provisions of the previous order the Drug Enforcement Administration for 11 States— remaining in effect. years who was murdered in the line of duty (A) to promote the creation of drug-free The PRESIDING OFFICER. Without in 1985 while engaged in the battle against il- communities; and objection, it is so ordered. licit drugs; (B) to participate in drug prevention ac- Mr. REID. I suggest the absence of a Whereas the Red Ribbon Campaign was es- tivities to show support for healthy, produc- quorum. tablished by the National Family Partner- tive, and drug-free lifestyles. ship to preserve the memory of Special The PRESIDING OFFICER. The f Agent Camarena and further the cause for clerk will call the roll. which he gave his life; ORDERS FOR THURSDAY, OCTOBER The assistant legislative clerk pro- Whereas the Red Ribbon Campaign has 20, 2011 ceeded to call the roll. been nationally recognized since 1988 and is Mr. REID. I ask unanimous consent now the oldest and largest drug prevention Mr. REID. Mr. President, I ask unan- that the order for the quorum call be program in the United States, reaching mil- imous consent that when the Senate rescinded. lions of young people each year during Red completes its business today, it ad- Ribbon Week; The PRESIDING OFFICER. Without journ until 10 a.m., tomorrow, Thurs- objection, it is so ordered. Whereas the Drug Enforcement Adminis- day, October 20. I would note there is a tration, established in 1973, aggressively tar- gets organizations involved in the growing, unique reason we are coming in late to- f manufacturing, and distribution of con- morrow. I would like to come in very trolled substances and has been a steadfast early, but Senator HARKIN and Senator PROGRAM partner in commemorating Red Ribbon ENZI are working very hard in the Mr. REID. Mr. President, there will Week; Labor Committee, Labor and Edu- be three rollcall votes about noon to- Whereas the Governors and attorneys gen- cation Committee, to come up with a morrow, four rollcall votes at approxi- eral of the States, the National Family Part- rewrite of Leave No Child Behind. They mately 2 p.m. We expect additional nership, Parent Teacher Associations, Boys have worked very hard. and Girls Clubs of America, PRIDE Youth rollcall votes tomorrow in relation to Programs, the Drug Enforcement Adminis- There are 140 amendments pending. the Appropriations bill. We are going tration, and hundreds of other organizations More than 70 of them have been offered to do our utmost to complete that bill throughout the United States annually cele- by one Senator and that Senator has tomorrow. brate Red Ribbon Week during the period of objected to the committee meeting so October 23 through October 31; it is a little hard when you file all f Whereas the objective of Red Ribbon Week those amendments to have them all ADJOURNMENT UNTIL 10 A.M. is to promote the creation of drug-free com- considered when they object to the TOMORROW munities through drug prevention efforts, committee meeting. Under the rules of education, parental involvement, and com- the Senate, you have a right to object Mr. REID. If there is no further busi- munity-wide support; ness to come before the Senate, I ask Whereas drug abuse is one of the major if the meeting takes more than 2 hours challenges that the United States faces in se- after the Senate comes into session. that it adjourn under the previous curing a safe and healthy future for families Anyway, that is where we are. I think order. in the United States; it is absolutely hard to comprehend There being no objection, the Senate, Whereas drug abuse and alcohol abuse con- how anyone could rationally do that, at 9:29 p.m., adjourned until Thursday, tribute to domestic violence and sexual as- but that is what we have. October 20, 2011, at 10 a.m. sault and place the lives of children at risk; I would add, because of that, the Whereas, between 1998 and 2008, the per- f centages of admissions to substance abuse committee is meeting very early so treatment programs as a result of the abuse they can continue 2 hours after we CONFIRMATIONS come in. Anyway, we are coming in at of marijuana and methamphetamines rose Executive nominations confirmed by significantly; 10 o’clock tomorrow morning. the Senate October 19, 2011: Whereas drug dealers specifically target I ask unanimous consent that fol- children by marketing illicit drugs that lowing the prayer and pledge, the Jour- THE JUDICIARY mimic the appearance and names of well- nal of proceedings be approved to date, MARK RAYMOND HORNAK, OF PENNSYLVANIA, TO BE known brand-name candies and foods; UNITED STATES DISTRICT JUDGE FOR THE WESTERN the morning hour be deemed expired, DISTRICT OF PENNSYLVANIA. Whereas emerging drug threats and grow- and the time for the two leaders be re- ROBERT DAVID MARIANI, OF PENNSYLVANIA, TO BE ing epidemics demand attention, with par- UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- ticular focus on the abuse of prescription served for their use later in the day; TRICT OF PENNSYLVANIA. that following any leader remarks, the ROBERT N. SCOLA, JR., OF FLORIDA, TO BE UNITED medications, the second most abused drug by STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT young people in the United States; Senate resume consideration of H.R. OF FLORIDA.

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SENATE COMMITTEE MEETINGS Digest will prepare this information for NOVEMBER 2 Title IV of Senate Resolution 4, printing in the Extensions of Remarks 9:30 a.m. agreed to by the Senate on February 4, section of the CONGRESSIONAL RECORD Foreign Relations 1977, calls for establishment of a sys- on Monday and Wednesday of each European Affairs Subcommittee tem for a computerized schedule of all week. To hold hearings to examine the Euro- meetings and hearings of Senate com- pean debt crisis, focusing on strategic Meetings scheduled for Thursday, Oc- implications for the transatlantic alli- mittees, subcommittees, joint commit- tober 20, 2011 may be found in the Daily ance. tees, and committees of conference. Digest of today’s RECORD. SD–419 This title requires all such committees to notify the Office of the Senate Daily NOVEMBER 3 Digest—designated by the Rules Com- MEETINGS SCHEDULED 9 a.m. mittee—of the time, place, and purpose OCTOBER 26 Homeland Security and Governmental Af- of the meetings, when scheduled, and 10 a.m. fairs any cancellations or changes in the Deficit Reduction Investigations Subcommittee meetings as they occur. To hold hearings to examine an overview To hold hearings to examine speculation As an additional procedure along of discretionary outlays, security and and compliance with the ‘‘Dodd-Frank with the computerization of this infor- non-security. Act’’. mation, the Office of the Senate Daily SH–216 SD–342

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

VerDate Mar 15 2010 04:23 Oct 20, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M19OC8.000 E19OCPT1 pwalker on DSK5TPTVN1PROD with REMARKS Wednesday, October 19, 2011 Daily Digest Senate Chamber Action Measures Considered: Agriculture, Rural Development, Food and Routine Proceedings, pages S6701–S6788 Drug Administration, and Related Agencies Ap- Measures Introduced: Seven bills and two resolu- propriations Act—Agreement: Senate continued tions were introduced, as follows: S. 1734–1740, and consideration of H.R. 2112, making appropriations S. Res. 299–300. Page S6764 for Agriculture, Rural Development, Food and Drug Measures Reported: Administration, and Related Agencies programs for H.R. 1843, to designate the facility of the United the fiscal year ending September 30, 2012, taking States Postal Service located at 489 Army Drive in action on the following amendments proposed there- Barrigada, Guam, as the ‘‘John Pangelinan Gerber to: Pages S6708–13, S6716–58 Post Office Building.’’ Adopted: H.R. 1975, to designate the facility of the United Sanders Amendment No. 816 (to Amendment States Postal Service located at 281 East Colorado No. 738), to provide amounts to support innovative, Boulevard in Pasadena, California, as the ‘‘First Lieu- utility-administered energy efficiency programs for tenant Oliver Goodall Post Office Building.’’ small businesses. Page S6708 H.R. 2062, to designate the facility of the United Reid (for Coburn) Amendment No. 793 (to States Postal Service located at 45 Meetinghouse Amendment No. 738), to ensure transparency in fed- Lane in Sagamore Beach, Massachusetts, as the ‘‘Mat- erally attended and funded conferences, including thew A. Pucino Post Office.’’ the cost to taxpayers for food, drinks, and hotel stays H.R. 2149, to designate the facility of the United associated with federally funded conferences of more States Postal Service located at 4354 Pahoa Avenue than $20,000. Page S6758 in Honolulu, Hawaii, as the ‘‘Cecil L. Heftel Post Reid (for Coburn) Modified Amendment No. 798 Office Building.’’ (to Amendment No. 738), to prohibit the use of S. 1412, to designate the facility of the United amounts made available by this bill to purchase new States Postal Service located at 462 Washington passenger motor vehicles. Page S6758 Street, Woburn, Massachusetts, as the ‘‘Officer John Rejected: Maguire Post Office.’’ Page S6763 McCain Amendment No. 739 (to Amendment No. 738), to ensure that the critical surface transpor- Measures Passed: tation needs of the United States are made a priority Veterans’ Compensation Cost-of-Living Adjust- by prohibiting funds from being used on lower-pri- ment Act: Senate passed S. 894, to amend title 38, ority projects, such as transportation museums and United States Code, to provide for an increase, effec- landscaping. (By 59 yeas to 39 nays (Vote No. 170), tive December 1, 2011, in the rates of compensation Senate tabled the amendment.) for veterans with service-connected disabilities and Pages S6708–13, S6716–17 the rates of dependency and indemnity compensation Withdrawn: for the survivors of certain disabled veterans. McCain Amendment No. 741 (to Amendment Page S6787 No. 738), to prohibit the use of appropriated funds National Work and Family Month: Senate to construct, fund, install, or operate certain ethanol agreed to S. Res. 299, designating October 2011 as blender pumps and ethanol storage facilities. ‘‘National Work and Family Month.’’ Page S6787 Pages S6708, S6751 Red Ribbon Week: Senate agreed to S. Res. 300, Pending: supporting the goals and ideals of Red Ribbon Reid (for Inouye) Amendment No. 738, in the na- Page S6708 Week, 2011. Pages S6787–88 ture of a substitute. D1115

VerDate Mar 15 2010 00:17 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D19OC1.REC D19OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1116 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2011 Reid (for Webb) Modified Amendment No. 750 national trade agreements, which will fund the Of- (to Amendment No. 738), to establish the National fice at the level requested in the President’s budget Criminal Justice Commission. Page S6708 and in H.R. 2596, as reported by the Committee on Kohl Amendment No. 755 (to Amendment No. Appropriations of the House of Representatives. 738), to require a report on plans to implement re- Pages S6735–36 ductions to certain salaries and expenses accounts. Blunt (for Grassley) Amendment No. 860 (to Page S6708 Amendment No. 738), to ensure accountability in Durbin (for Murray) Amendment No. 772 (to Federal grant programs administered by the Depart- Amendment No. 738), to strike a section providing ment of Justice. Page S6736 for certain exemptions from environmental require- Menendez Amendment No. 857 (to Amendment ments for the reconstruction of highway facilities No. 738), to extend loan limits for programs of the damaged by natural disasters or emergencies. government-sponsored enterprises, the Federal Hous- Page S6708 ing Administration, and the Veterans Affairs Ad- Landrieu Amendment No. 781 (to Amendment ministration. Page S6738 No. 738), to prohibit the approval of certain farmer Lee Motion to recommit the bill to the Com- program loans. Page S6708 mittee on Appropriations with instructions to report Vitter Modified Amendment No. 769 (to Amend- the same back to the Senate with reductions in ment No. 738), to prohibit the Food and Drug Ad- spending in each division required to bring the over- ministration from preventing an individual not in all spending for the division to fiscal year 2011 lev- the business of importing a prescription drug from els which shall not exceed $130,559,669,000 for di- importing an FDA-approved prescription drug from vision A (Ag), $58,786,478,000 for division B (CJS), Canada. Pages S6708, S6730–31, S6749–50 and $55,368,096,000 for division C (THUD). Coburn Amendment No. 791 (to Amendment Pages S6740–41 No. 738), to prohibit the use of funds to provide di- Sessions Amendment No. 810 (to Amendment rect payments to persons or legal entities with an av- No. 738), to prohibit the use of funds to allow cat- erage adjusted gross income in excess of $1,000,000. egorical eligibility for the supplemental nutrition as- Pages S6708, S6750–51 sistance program. Pages S6741–44 Coburn Modified Amendment No. 792 (to Blunt (for DeMint) Amendment No. 763 (to Amendment No. 738), to end payments to landlords Amendment No. 738), to prohibit the use of funds who are endangering the lives of children and needy to implement regulations regarding the removal of families. Pages S6708, S6746 essential-use designation for epinephrine used in oral Ayotte Amendment No. 753 (to Amendment No. pressurized metered-dose inhalers. Page S6751 738), to prohibit the use of funds for the prosecution Blunt (for DeMint) Amendment No. 764 (to of enemy combatants in Article III courts of the Amendment No. 738), to eliminate a certain in- United States. Pages S6729–30, S6736, S6737–38, S6744, crease in funding. Page S6751 S6746–48, S6751–52 Lautenberg Amendment No. 836 (to Amendment Crapo Amendment No. 814 (to Amendment No. No. 738), to provide adequate funding for Economic 738), to provide for the orderly implementation of Development Administration disaster relief grants the provisions of title VII of the Dodd-Frank Wall pursuant to the agreement on disaster relief funding Street Reform and Consumer Protection Act. included in the Budget Control Act of 2011. Pages S6731–32, S6750 Pages S6752–53 Merkley Amendment No. 879 (to Amendment Gillibrand Amendment No. 869 (to Amendment No. 738), to prohibit amounts appropriated under No. 738), to increase funding for the emergency this Act to carry out parts A and B of subtitle V conservation program and the emergency watershed of title 49, United States Code, from being expended protection program. Pages S6753–55 unless all the steel, iron, and manufactured products A motion was entered to close further debate on used in the project are produced in the United the Reid (for Inouye) Amendment No. 738 (listed States. Pages S6732–34 above), and, in accordance with the provisions of rule Moran Amendment No. 815 (to Amendment No. XXII of the Standing Rules of the Senate, a vote on 738), to improve the bill. Pages S6734, S6741 cloture will occur upon disposition of the motion to Bingaman Modified Amendment No. 771 (to invoke cloture on the motion to proceed to consider- Amendment No. 738), to provide an additional ation of S. 1726, to repeal the imposition of with- $4,476,000, with an offset, for the Office of the holding on certain payments made to vendors by United States Trade Representative to investigate government entities. Page S6758 trade violations committed by other countries and to A motion was entered to close further debate on enforce the trade laws of the United States and inter- the bill, and, in accordance with the provisions of

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Page S6753 order to be called up and made pending to the bill Withholding Tax Relief Act—Cloture: Senate and Reid (for Inouye) Amendment No. 738 (listed began consideration of the motion to proceed to con- above), be the following: Brown (OH) No. 874; and sideration of S. 1726, to repeal the imposition of Feinstein No. 855. Page S6758 withholding on certain payments made to vendors A unanimous-consent-time agreement was reached by government entities. Page S6753 providing for further consideration of the bill at ap- A motion was entered to close further debate on proximately 10:00 a.m., on Thursday, October 20, the motion to proceed to consideration of the bill, 2011; that following the disposition of the nomina- and, in accordance with the provisions of Rule XXII tion of Heather A. Higginbottom, of the District of of the Standing Rules of the Senate, a vote on clo- Columbia, to be Deputy Director of the Office of ture will occur upon disposition of the motion to in- Management and Budget, Senate vote on or in rela- voke cloture on the motion to proceed to consider- tion to the following amendments: Vitter Modified ation of S. 1723, to provide for teacher and first re- Amendment No. 769 (to Amendment No. 738) sponder stabilization. Page S6753 (listed above); Reid (for Webb) Modified Amend- Subsequently, the motion to proceed was with- ment No. 750 (to Amendment No. 738) (listed drawn. Page S6753 above); and that at 2:00 p.m., Senate vote on or in relation to Merkley Amendment No. 879 (to Message from the President: Senate received the Amendment No. 738) (listed above), as modified following message from the President of the United with the changes at the desk; Brown (OH) No. 874, States: as modified with the changes that are at the desk; Transmitting, pursuant to law, a report on the Moran Amendment No. 815 (to Amendment No. continuation of the national emergency that was de- 738) (listed above); and Blunt (for Grassley) Amend- clared with respect to significant narcotics traffickers ment No. 860 (to Amendment No. 738) (listed centered in Colombia; which was referred to the above); that there be no amendments or points of Committee on Banking, Housing, and Urban Affairs. order against any of the amendments prior to the (PM—29) Page S6763 votes other than budget points of order; that there Bryson Nomination—Agreement: A unanimous- be two minutes equally divided in the usual form consent-time agreement was reached providing that prior to each vote; that the Vitter Modified Amend- at a time to be determined by the Majority Leader, ment No. 769 (to Amendment No. 738); and Reid in consultation with the Republican Leader, Senate (for Webb) Modified Amendment No. 750 (to begin consideration of the nomination of John Edgar Amendment No. 738); Merkley Amendment No. Bryson, of California, to be Secretary of Commerce; 879 (to Amendment No. 738); Brown (OH) No. that there be four hours for debate equally divided 874, as modified with the changes that are at the in the usual form; that upon the use or yielding desk; and Blunt (for Grassley) Amendment No. 860 back of time, Senate vote without intervening action (to Amendment No. 738) be subject to a 60 affirma- or debate on confirmation of the nomination; and tive vote threshold; that all after the first vote be ten that the nomination be subject to a 60 vote thresh- minute votes; and that the following first-degree old; and that no further motions be in order to the amendments filed by Senate Coburn be in order to nomination. Page S6787 be called up and made pending on Thursday, Octo- Higginbottom Nomination—Agreement: A unan- ber 20, 2011: Coburn No. 794; Coburn No. 795; imous-consent-time agreement was reached pro- Coburn No. 796; Coburn No. 797; Coburn No. 799; viding that at 12:00 p.m., on Thursday, October 20, Coburn No. 800; Coburn No. 801; and Coburn No. 2011, Senate proceed to Executive Session to begin 833. Page S6758 consideration of the nomination of Heather A. Teachers and First Responders Back to Work Higginbottom, of the District of Columbia, to be Act—Cloture: Senate began consideration of the Deputy Director of the Office of Management and motion to proceed to consideration of S. 1723, to Budget, with two minutes of debate equally divided provide for teacher and first responder stabilization. and controlled in the usual form, prior to a vote on Page S6753 confirmation of the nomination, and all other provi- A motion was entered to close further debate on sions of the order of October 13, 2011 remain in ef- the motion to proceed to consideration of the bill, fect. Page S6787

VerDate Mar 15 2010 00:17 Jun 16, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D19OC1.REC D19OC1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1118 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2011 Nominations Confirmed: Senate confirmed the fol- structure, focusing on an examination of Exchange- lowing nominations: Traded Funds (ETFs), after receiving testimony from Mark Raymond Hornak, of Pennsylvania, to be Eileen Rominger, Director, Division of Investment United States District Judge for the Western Dis- Management, U.S. Securities and Exchange Commis- trict of Pennsylvania. Pages S6713–16 S6788 sion; Eric Noll, NASDAQ OMX, New York, New Robert N. Scola, Jr., of Florida, to be United York; Noel Archard, BlackRock, Inc., Jersey City, States District Judge for the Southern District of New Jersey; and Harold Bradley, Kauffman Founda- Florida. Pages S6713–16, S6788 tion, Kansas City, Missouri. By 82 yeas to 17 nays (Vote No. EX. 169), Rob- ert David Mariani, of Pennsylvania, to be United CONCUSSIONS AND THE MARKETING OF States District Judge for the Middle District of SPORTS EQUIPMENT Pennsylvania. Pages S6716, S6788 Committee on Commerce, Science, and Transportation: Executive Communications: Page S6763 Committee concluded a hearing to examine concus- sions and the marketing of sports equipment, after Executive Reports of Committees: Pages S6763–64 receiving testimony from Jeffrey S. Kutcher, Univer- Additional Cosponsors: Pages S6764–66 sity of Michigan Department of Neurology, Ann Statements on Introduced Bills/Resolutions: Arbor; Ann C. McKee, Boston University School of Pages S6766–69 Medicine, Bedford, Massachusetts; Mike Oliver, Na- tional Operating Committee on Standards for Ath- Additional Statements: Pages S6761–63 letic Equipment, Overland Park, Kansas; Alexis Ball, Amendments Submitted: Pages S6769–86 Albuquerque, New Mexico; and Steven Threet, Notices of Intent: Page S6786 Tempe, Arizona. Authorities for Committees to Meet: Page S6786 NATIONAL PARKS BILLS Privileges of the Floor: Page S6787 Committee on Energy and Natural Resources: Sub- Record Votes: Two record votes were taken today. committee on National Parks concluded a hearing to (Total—170) Pages S6716–17 examine S. 544, to authorize the Secretary of the In- Adjournment: Senate convened at 9:30 a.m. and terior to conduct a study of alternatives for com- adjourned at 9:29 p.m., until 10:00 a.m. on Thurs- memorating and interpreting the role of the Buffalo day, October 20, 2011. (For Senate’s program, see Soldiers in the early years of the National Parks, S. the remarks of the Majority Leader in today’s Record 1083, to amend the National Trails System Act to on page S6788.) designate the route of the Smoky Hill Trail, an over- land trail across the Great Plains during pioneer days in Kansas and Colorado, for study for potential addi- Committee Meetings tion to the National Trails System, S. 1084, to (Committees not listed did not meet) amend the National Trails System Act to designate the routes of the Shawnee Cattle Trail, the oldest of COMMISSION ON WARTIME CONTRACTING the major Texas Cattle Trails, for study for potential IN IRAQ AND AFGHANISTAN addition to the National Trails System, S. 1303, to Committee on Armed Services: Subcommittee on Readi- authorize the Secretary of the Interior to establish ness and Management Support concluded a hearing Fort Monroe National Historical Park in the Com- to examine the final report of the Commission on monwealth of Virginia, S. 1325, to direct the Sec- Wartime Contracting in Iraq and Afghanistan, after retary of the Interior to study the suitability and fea- receiving testimony from Frank Kendall, Principal sibility of designating sites in the Lower Mississippi Deputy Under Secretary for Acquisition, Technology River Area in the State of Louisiana as a unit of the and Logistics, and Lieutenant General Brooks L. National Park System, S. 1347, to establish Bash, USAF, Director for Logistics, J4, Joint Staff, Coltsville National Historical Park in the State of both of the Department of Defense; and Dov S. Connecticut, S. 1421, to authorize the Peace Corps Zakheim, and Katherine V. Schinasi, both former Commemorative Foundation to establish a com- Commissioners, Commission on Wartime Con- memorative work in the District of Columbia and its tracting in Iraq and Afghanistan. environs, S. 1478, to modify the boundary of the Minuteman Missile National Historic Site in the MARKET MICROSTRUCTURE State of South Dakota, and S. 1537, to authorize the Committee on Banking, Housing, and Urban Affairs: Secretary of the Interior to accept from the Board of Subcommittee on Securities, Insurance and Invest- Directors of the National September 11 Memorial ment concluded a hearing to examine market micro- and Museum at the World Trade Center Foundation,

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Inc., the donation of title to The National Sep- thorities of the District of Columbia courts, and to tember 11 Memorial and Museum at the World authorize the District of Columbia Public Defender Trade Center, after receiving testimony from Wil- Service to provide professional liability insurance for liam D. Shaddox, Acting Associate Director for Park officers and employees of the Service for claims relat- Planning, Facilities, and Lands, National Park Serv- ing to services furnished within the scope of employ- ice, Department of the Interior; and Terrie Suit, Vir- ment with the Service, with an amendment; ginia Secretary of Veterans Affairs and Homeland Se- S. 1487, to authorize the Secretary of Homeland curity, Richmond. Security, in coordination with the Secretary of State, OVERSIGHT: BROWNFIELDS PROGRAM to establish a program to issue Asia-Pacific Eco- Committee on Environment and Public Works: Com- nomic Cooperation Business Travel Cards, with an mittee concluded a joint oversight hearing with the amendment in the nature of a substitute; Subcommittee on Superfund, Toxics and Environ- H.R. 1059, to protect the safety of judges by ex- mental Health to examine the Brownfields Program, tending the authority of the Judicial Conference to focusing on cleaning up and rebuilding commu- redact sensitive information contained in their finan- nities, after receiving testimony from David R. cial disclosure reports, with an amendment; Lloyd, Office Director, Office of Brownfields and S. 384, to amend title 39, United States Code, to Land Revitalization, Office of Solid Waste and extend the authority of the United States Postal Emergency Response, Environmental Protection Service to issue a semipostal to raise funds for breast Agency; Mayor Mick Cornett, Oklahoma City, Okla- cancer research; homa; Elizabeth Spinelli, Hudson County H.R. 2062, to designate the facility of the United Brownfields Program, Jersey City, New Jersey; States Postal Service located at 45 Meetinghouse Aaron Scheff, Idaho Brownfields Program, Boise; E. Lane in Sagamore Beach, Massachusetts, as the ‘‘Mat- Evans Paull, National Brownfields Coalition, Balti- thew A. Pucino Post Office’’; more, Maryland; and Marjorie Weidenfeld H.R. 2149, to designate the facility of the United Buckholtz, Environmental Consulting Solutions, Po- States Postal Service located at 4354 Pahoa Avenue tomac, Maryland. in Honolulu, Hawaii, as the ‘‘Cecil L. Heftel Post BUSINESS MEETING Office Building’’; Committee on Homeland Security and Governmental Af- H.R. 1975, to designate the facility of the United fairs: Committee ordered favorably reported the fol- States Postal Service located at 281 East Colorado lowing business items: Boulevard in Pasadena, California, as the ‘‘First Lieu- S. 1268, to increase the efficiency and effectiveness tenant Oliver Goodall Post Office Building’’; of the Government by providing for greater inter- S. 1412, to designate the facility of the United agency experience among national security and States Postal Service located at 462 Washington homeland security personnel through the develop- Street, Woburn Massachusetts, as the ‘‘Officer John ment of a national security and homeland security Maguire Post Office’’; human capital strategy and interagency rotational H.R. 1843, to designate the facility of the United service by employees, with an amendment in the na- States Postal Service located at 489 Army Drive in ture of a substitute; Barrigada, Guam, as the ‘‘John Pangelinan Gerber S. 1409, to intensify efforts to identify, prevent, Post Office Building’’; and and recover payment error, waste, fraud, and abuse The nominations of Ronald David McCray, of within Federal spending, with an amendment in the Texas, to be a Member of the Federal Retirement nature of a substitute; Thrift Investment Board, Corinne Ann Beckwith, S. 743, to amend chapter 23 of title 5, United and Catharine Friend Easterly, both to be an Asso- States Code, to clarify the disclosures of information ciate Judge of the District of Columbia Court of Ap- protected from prohibited personnel practices, re- peals, and Ernest Mitchell, Jr., of California, to be quire a statement in nondisclosure policies, forms, Administrator of the United States Fire Administra- and agreements that such policies, forms, and agree- tion, Federal Emergency Management Agency, De- ments conform with certain disclosure protections, provide certain authority for the Special Counsel, partment of Homeland Security. with an amendment; S. 237, to amend title 31, United States Code, to BUSINESS MEETING enhance the oversight authorities of the Comptroller Committee on Health, Education, Labor, and Pensions: General, with an amendment; Committee ordered favorably reported the nomina- S. 1379, to amend title 11, District of Columbia tions of Claude M. Steele, of New York, and Anneila Official Code, to revise certain administrative au- I. Sargent, of California, both to be a Member of the

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National Science Board, National Science Founda- UNITED STATES-ANDEAN SECURITY tion, and Laura A. Cordero, of the District of Co- COOPERATION lumbia, to be a Member of the Board of Trustees of United States Senate Caucus on International Narcotics the Harry S Truman Scholarship Foundation. Committee will meet again on Thursday, October Control: Caucus concluded a hearing to examine 20, 2011. United States-Andean security cooperation, focusing on opportunities for increased United States counter- DEPARTMENT OF HOMELAND SECURITY narcotics cooperation with Colombia, Peru, Ecuador, OVERSIGHT Bolivia and Venezuela, including S. 1612, to provide Committee on the Judiciary: Committee concluded an the Department of Justice with additional tools to oversight hearing to examine the Department of target extraterritorial drug trafficking activity, after Homeland Security, after receiving testimony from receiving testimony from William R. Brownfield, Janet Napolitano, Secretary of Homeland Security. Assistant Secretary for International Narcotics and NOMINATIONS Law Enforcement Affairs, and Kevin Whitaker, Dep- Committee on the Judiciary: Committee concluded a uty Assistant Secretary for Western Hemisphere Af- hearing to examine the nominations of Michael E. fairs, both of the Department of State; Rodney G. Horowitz, of Maryland, to be Inspector General, De- Benson, Assistant Administrator, Chief of Intel- partment of Justice, and Susie Morgan, to be United ligence, Drug Enforcement Administration, Depart- States District Judge for the Eastern District of Lou- ment of Justice; and William F. Wechsler, Deputy isiana, who was introduced by Senator Landrieu, Assistant Secretary of Defense for Counternarcotics after the nominees testified and answered questions and Global Threats. in their own behalf. h House of Representatives amine shale gas production and water resources in the Chamber Action Eastern United States, 2:30 p.m., SD–366. The House was not in session today. The House Committee on Foreign Relations: to receive a closed brief- is scheduled to meet at 10 a.m. on Friday, October ing on United States military deployment to Central Af- 21, 2011 in pro forma session. rica, 10 a.m., SVC–217. Committee on Health, Education, Labor, and Pensions: busi- Committee Meetings ness meeting to consider an original bill to reauthorize No hearings were held. the Elementary and Secondary Education Act, 8 a.m., SH–216. Committee on Homeland Security and Governmental Affairs: Joint Meetings Ad Hoc Subcommittee on Disaster Recovery and Inter- No joint committee meetings were held. governmental Affairs, to hold hearings to examine ac- COMMITTEE MEETINGS FOR THURSDAY, countability at the Federal Emergency Management OCTOBER 20, 2011 Agency (FEMA), 10:30 a.m., SD–342. Committee on Indian Affairs: business meeting to con- (Committee meetings are open unless otherwise indicated) sider S. 1262, to improve Indian education; to be imme- diately followed by a hearing to examine S. 134, to au- thorize the Mescalero Apache Tribe to lease adjudicated Senate water rights, S. 399, to modify the purposes and oper- Committee on Banking, Housing, and Urban Affairs: to ation of certain facilities of the Bureau of Reclamation to hold hearings to examine housing finance reform, focus- implement the water rights compact among the State of ing on continuation of the 30-year fixed-rate mortgage, Montana, the Blackfeet Tribe of the Blackfeet Indian Res- 10 a.m., SD–538. ervation of Montana, and the United States, S. 1298, to Subcommittee on Security and International Trade and provide for the conveyance of certain property located in Finance, to hold hearings to examine the Group of Twen- Anchorage, Alaska, from the United States to the Alaska ty (G20) and global economic and financial risks, 2 p.m., Native Tribal Health Consortium, S. 1327, to amend the SD–538. Act of March 1, 1933, to transfer certain authority and Committee on Energy and Natural Resources: Subcommittee resources to the Utah Dineh Corporation, and S. 1345, on Water and Power, to hold an oversight hearing to ex- to provide for equitable compensation to the Spokane

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Tribe of Indians of the Spokane Reservation for the use fornia, Ronnie Abrams, to be United States District of tribal land for the production of hydropower by the Judge for the Southern District of New York, Rudolph Grand Coulee Dam, 2:15 p.m., SD–628. Contreras, of Virginia, to be United States District Judge Committee on the Judiciary: business meeting to consider for the District of Columbia, and Miranda Du, to be S. 75, to restore the rule that agreements between manu- United States District Judge for the District of Nevada, facturers and retailers, distributors, or wholesalers to set 10 a.m., SD–226. the minimum price below which the manufacturer’s prod- Select Committee on Intelligence: to hold closed hearings to uct or service cannot be sold violates the Sherman Act, examine certain intelligence matters, 2:30 p.m., SH–219. and the nominations of Stephanie Dawn Thacker, of West Virginia, to be United States Circuit Judge for the House Fourth Circuit, Michael Walter Fitzgerald, to be United States District Judge for the Central District of Cali- No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, October 20 10 a.m., Friday, October 21

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Friday: The House will meet in pro forma ation of H.R. 2112, Agriculture, Rural Development, session at 10 a.m. Food and Drug Administration, and Related Agencies Appropriations Act. At approximately 12 noon, Senate will vote on confirmation of the nomination of Heather A. Higginbottom, of the District of Columbia, to be Deputy Director of the Office of Management and Budg- et, to be followed by votes on or in relation to Vitter Modified Amendment No. 769 (to Amendment No. 738), and Webb Amendment No. 750 (to Amendment No. 738). Following which, at approximately 2 p.m., Senate will vote on or in relation to Merkley Amendment No. 879 (to Amendment No. 738), Brown Amendment No. 874 (to Amendment No. 738), Moran Amendment No. 815 (to Amendment No. 738), and Grassley Amend- ment No. 860 (to Amendment No. 738).

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