tv U.S. House of Representatives CSPAN December 13, 2011 5:00pm-8:00pm EST
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levin, has 16 3/4 minutes remaining and the gentleman from michigan, mr. camp, retains 4 1/2 minutes. mr. levin: i now yield one minute to the gentlelady from alabama, mr. sewell. the speaker pro tempore: the gentlelady is recognized for one minute. ms. sewell: i'd like to thank the ranking member levin for allowing me this time. today i rise in strong opposition to h.r. 3630, which makes dramatic and harmful changes to the emergency unemployment compensation program. it makes significant cuts to head kir -- medicare that would hurt our nation's seniors. this bill contains political and controversial language that should be discussed and debated in a separate legislation. before congress breaks for this year we need to pass a bill that solely focuses on extending relief to the unemployed workers and middle class americans who are still suffering in this recovering economy. this is not the time to play with the livelihood of millions of americans.
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our voters sent us here to make their lives better, not more difficult. we were sent here to create jobs and stimulate the economy and protect our most vulnerable. to accomplish these goals, it will require a willing and compromising spirit. the folks of the seventh congressional district of alabama that i'm so proud to represent want me to put people before politics and do what is in their best interests and not partisan interests. the american people expect and deserve more not less from us. therefore i urge my colleagues to vote no on h.r. 3630. thanks. mr. levin: mr. speaker, i now ask unanimous consent that the gentleman from california, mr. waxman, will control 10 minutes of my time. the speaker pro tempore: is there objection? without, the gentleman from california will control 10 minutes of the time. the gentleman from michigan, mr.
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upton. mr. upton: mr. speaker, at this point i yield two minutes to the chairman of the environment subcommittee, mr. shimkus from illinois, two minutes. the speaker pro tempore: the gentleman from illinois is recognized for two minutes. without objection. mr. shimkus: thank you, mr. speaker. thank you, mr. chairman. my friend from ohio came down and said, you know, what we need, what america needs is jobs, and so that's the important aspect of bringing the keystone x.l. pipeline in this debate. don't listen to me. listen to my friends in organized labor. brent brooker, director of construction department of labors international union of north america said in testimony, for many members of the labor, this project is not just a pipeline, it's a lifeline. david barnett, united association of journeymen and apprentices said, the fact of the matter is keystone x.l. would be the most
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environmentally safe pipeline anywhere in america. and jeffrey soft, international labor union of engineering said, without the keystone x.l., crude oil, the fastest growing oilfield in the united states, will continue to move out of the region in the most dangerous, most expensive way possible, by tanker truck. folks, this is about jobs. we're fortunate to be able to place this in this bill. 20,000 immediate jobs, 110,000 additional jobs. i stood outside a refiner and i asked people, where do you think the crude oil comes in and how does the refined product goes out? and any refinery in this country is done through pipelines. so the keystone x.l. pipeline is a job creator. organized labor is strongly behind this. it creates 20,000 immediate jobs. and you know what, it's the best form of stimulus because we're not borrowing money and it's not
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a government project. so i appreciate what my colleagues have done including it in this bill. i thank them. my organized labor friends thank you. i yield back. the speaker pro tempore: the gentleman yields back. the gentleman from california. mr. waxman: mr. speaker, i yield myself three minutes. the speaker pro tempore: the gentleman is recognized. mr. waxman: i strongly oppose this legislation as presently structured and urge its defeat. there's no question we must extend the payroll tax breaks which puts money in the hands of most americans so they can spend it and get our economy moving. we must make sure that unemployed people have the insurance so that they have a lifeline so they can pay their bills while they're looking for jobs. we have to keep our promises to those under medicare to allow physicians to be adequately reimbursed. but the price that the republicans are imposing through this legislation is simply
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unacceptable. it contains dangerous poison pills, series of riders and legislative provisions that can never pass the senate or be signed by the president. the republicans are trying to cram them through the back door by holding this bill hostage. now, doesn't that sound familiar? republicans holding things hostage. it's what they did when we had to raise the debt ceiling or default on our debts and they held that bill hostage to try to get some of their demands. the provisions to pay for the medicare reimbursement for doctors would be paid for through a 170,000 reduction of people who are now covered causing them to be uninsured. we'd increase the already high out-of-pocket costs for medicare beneficiaries and subject a full
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quarter of medicare beneficiaries to significant higher premiums, reducing our commitment to public health and prevention activities is a prescription for more diabetes, heart disease, cancer and obesity. but that's what the republicans would have us do in this bill. the keystone x.l. tar sands pipeline has nothing to do with this legislation. it has to do with the environmental concerns that the president is presently reviewing in an orderly manner, and the republicans would have the whole process short-circuited by demanding that he come to the conclusion that the canadians pipeline owners and maybe the coke brothers would like, but not a contentious review of what this would do throughout this country and how it would affect our environment. the spectrum provisions are flawed. while they provide for spectrum
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auction incentives, the deployment of a public safety broadband network and address spectrum uses by federal agencies, there are many shortcomings in the governance provisions of how the public safety network would work or how the spectrum auctions would take place or extraneous provisions under the internet and limit on the f.c.c.'s ability to provide competitive safeguards and funding levels that threaten to shortchange the public safety network itself. i urge -- i yield myself another 30 seconds. this bill is filled with loopholes and riders and special interest provisions, and i would think that it's a very bad process to throw this bill on the house floor. some of the provisions that came out of our committee never had full committee consideration. so i urge members to defeat the bill. let's get down to doing what
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needs to be done. don't hold important measures that must pass hostage. let's work together and get a decent bill and pass it into law at this late stage of the year. i reserve the balance of my time. the speaker pro tempore: the gentleman from michigan. mr. upton: mr. speaker, i yield two minutes to the co-chair of the doc caucus and member of the health subcommittee, dr. gingrey from georgia. the speaker pro tempore: the gentleman is recognized for two minutes. mr. gingrey: i thank the gentleman for yielding. physicians will see a 27.4% decrease in medicare payments if we fail to act before the new year. if congress fails to act, seniors may find that no physician in their area can afford to accept their medicare card. es that not the holiday cheer our seen -- that is not the holiday cheer our seniors deserve. as a medical doctor i prefer to be voting today on a permanent fix to this flawed physician payment formula known as s.g.r.,
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but i don't have that choice. my choice is simple. vote for the physician fix or vote against it. vote in support of my former patients who need access to their doctor when they're sick or vote against them. vote to open up spectrum availability and bolster job creation within a growing telecommunications marketplace or vote against it. vote for timely approval of the keystone x.l. pipeline and, yes, create 20,000 immediate jobs along with domestic energy independence or vote against that. allow the e.p.a. to enact job-killing boiler mact rules on every state and every industry in the united states or vote to rein them in. today, i'll be voting yes for the constituents of the 11th district of georgia and for my country, and with that i yield back. the speaker pro tempore: the gentleman yields back.
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the gentleman from california. mr. waxman: mr. speaker, i yield at this time two minutes to the gentleman from massachusetts, mr. markey. the speaker pro tempore: the gentleman is recognized for two minutes. mr. markey: thank you. last year the republicans refused to extend unemployment benefits unless the bush tax cuts were extended for millionaires and billionaires. well, here they go again, mr. speaker. this year the republicans are trying to prevent continuation of jobless benefits, and the payroll tax cut unless their wish list of goodies for america's biggest polluters is granted in full. during this christmas season, instead of goals and frankensens and muhr, they are voting on big oil and big coal. the g.o.p. used to stand for grand old party. now it stands for gang of polluters. now it stands for the gas and
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oil party. this republican bill indefinitely delay standards that will reduce lead and cancer-causing substances that are released from industrial boilers and sent to the lungs of the children of america. two, rushes approval for the keystone x.l. that will bring the dirtiest oil on the planet through the united states so it can be re-exported to other countries while hurting our health and our environment here. and, three, cuts much-needed medicare payments to hospitals to care for the sickest in our country. the republicans are presenting a false choice to the american people. we should not have to choose between toxic chemicals and tax relief for american workers. we should not have to choose between pollution and prosperity. in this republican-controlled house of representatives, billionaires, big oil, big bankers benefit while the rest
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of america bears the burden. enough is enough. we know we need to pass the middle-class tax cuts. we know we need to extend unemployment benefits. if we fail to act, congress will leave a giant legislative lump of coal in the stockings of struggling americans. it is unacceptable, bad for children, bad for the elderly, bad for the unemployed, bad for america. the speaker pro tempore: the time of the gentleman has expired. the gentleman from michigan. mr. upton: mr. speaker, i'd yield at this point two minutes to the gentleman from nebraska, mr. terry. the speaker pro tempore: the gentleman from nebraska is recognized for two minutes. mr. terry: mr. speaker, it just seems logical that as we have a bill to extend unemployment insurance for those unemployed that we also have a measure for them to become employed and that's the keystone pipeline.
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it is a $7 billion infrastructure project that is ready to start today, employing as many as 20,000 laborers, mostly union labor, by the way. now, not only will it employ but the delays of the state department and the white house in permitting this project is costing jobs, and i refer to little rock fox channel 16, there's their online story. it says layoffs in a company -- shutdown is what employees face wells fund tubular company. they say miles of pipeline are on the property and that has caused five dozen employees to lose their jobs. the pipes would be part of the keystone oil pipeline which is a
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project running from canada to texas. the president has said that he would veto this bill, extending unemployment and his tax holiday if this keystone jobs bill was put in it. mr. president, this is about creating jobs. please join us. also, they said that the state department may have to say no because this is the same department that back in june testified before our committee that they could have the decision made on this pipeline and permitted by -- well, the decision made on this pipeline by december 31. the environmental studies have been there for months. this application has been with the state department for 3 1/4 years. the state department has everything they need to make a correct recommendation for the president, and i yield back. the speaker pro tempore: the time of the gentleman has expired.
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members are again reminded to direct their comments to the chair. the gentleman from california. mr. waxman: mr. speaker, i'm pleased at this time to yield to the man who's going to be the chairman of the health subcommittee when the public gets a chance next year to vote out the keystone cops overreaching republicans who are doing it again to the american people, two minutes to the gentleman from new jersey, mr. pallone. the speaker pro tempore: the gentleman is recognized for two minutes. mr. pallone: thank you, mr. waxman. you know, mr. waxman said before that essentially the republicans putting up this bill are not serious. they know that this bill is not going to pass the senate. they know that the president won't sign it, and when i heard my colleagues on the other side talk about, well, we have a deadline of december 31 and basically said take it or leave it, well, they're not serious. that's not the way this house and this congress works. if you want to get something done by this december 31 teadline, you need to work with the democrats, work with the senate and come up with something, and i know that's not what's happening here today. .
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this idea where you say we are going to give you extended unemployment but cut back on the number of weeks and come up with a doc fix but pay for it by dismantling the affordable care act. they cut the credits making health insurance affordable. then they slash the public health and prevention fund, damaging efforts to realign the nation's approach to health care. then they cut hospitals affecting services that seniors depend on and increasing the premiums resulting in middle-class seniors having to pay more for health care. we have a democratic substitute they wouldn't allow in order and that takes a very different approach, unlike the republicans, the democratic substitute extends tax cuts depor 160 million americans and
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extends unemployment insurance. and it insures doctors don't face large reductions and maintains access for seniors with a permanent s.g.r. fix and does all this by asking 300,000 people making more than $1 million to pay their fair share. so if you want to pass something, put our substitute in order. and we will meet that deadline of december 31 and actually do things that help people create jobs and reduce the deficit and make the doctors available so if a senior wants to go to a doctor, they will be able to do it. look at our substitute and don't continue with this sham. the speaker pro tempore: the gentleman from michigan. mr. upton: i yield one minute to the gentleman from virginia, mr. griffith. mr. griffith: the boiler mack provisions of this bill would pass the senate if only they
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were allowed to get a vote. 41 members of the democratic party voted in this house, 12 members of the senate, democrats. the provisions of this bill help hospitals deal with their increasing costs. it helps universities. it does help business, but it helps businesses large and small. the bill requires reasonable regulations. and it requires reasonable time in which to comply with those regulations. currently, they are only allowed three years, plus possibly a fourth if allowed by the e.p.a. administrator. the bill will allow five years plus reasonable time. and when you try to change the way you have been doing things, sometimes you need more time to get things done than three years. the e.p.a. came in and talked to us about projects they were
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trying to get done and money they left on the table, they couldn't get their projects done in three years, how can american businesses do so. mr. waxman: i yield to the gentlelady from california, the next chair of the telecommunications subcommittee, ms. eshoo. ms. eshoo: i thank the ranking member for the committee. within this bill are provisions on spectrum, that will define our nation's ability to lead the world in wireless broadband deployment and also define how we will finally, finally provide our first responders with a nationwide interoperable broadband network that the 9/11 commission called for. i appreciate chairman walden's work with the minority, including the agreement on authorizing voluntary investment spectrum options, reallocating
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the d-block and providing the initial funding for next generation 9/11. i do have four concerns. first, pertaining to the treatment of unlicensed spectrum. unlicensed spectrum has created an navy space for entrepreneurs enabling thousands of devices and services, all meaning jobs. in fact, last month, the consumer federation of america released a new study, which found the consumer benefit of unlicensed spectrum surpassing $50 billion, with a b, dollars per year, prohibiting the f.c.c. from using our nation's best air waves for unlicensed use as the house language does is foolhardy. secondly, i'm concerned about how the bill treats the spectrum that the public needs to create
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and manage an interoperable broadband network. what the bill does, it gives but on the oy hand, it takes away and this isn't fair to public safety and our country. third, the bill encourages the development of 50 separate networks instead of one nationwide network. past experiences demonstrate that a state-based approach fails to achieve interoperability and i think it's going to cost money and i don't think it's going to work. lastly, the restrictions that restrict the f.c.c. -- may i have 10 more seconds? the provisions that restrict the f.c.c.'s ability to preserve competition and promote an open internet simply do not belong in this legislation. i think our country is counting on us to make smart and bipartisan choices. i'm sorry to say i don't think
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this bill meets the standard. i do believe the senate accomplished these goals and i believe we can, too, but not through this bill. and i urge opposition to it for the reasons i stated. thank you. the speaker pro tempore: the gentleman from michigan. mr. upton: mr. speaker, i would yield one of my two remaining minutes to the the gentleman from colorado, mr. gardner. the speaker pro tempore: the gentleman is recognized for one minute. mr. gardner: i thank the chairman for the time. we heard about the need to address jobs, to act on jobs. so here we are today to address the issue of job creation for so many in this country who are currently unemployed. perhaps to some, the creation of jobs is just a pipe dream, but to many, republicans and democrats, job creation is a keystone pipeline, it's not a pipe dream. in colorado alone, the alberta oil sands could create jobs and the keystone pipeline is an
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important part of that. we hear the need to create jobs, the need to address the issue of job creation and here wer hearing opposition to job creation. for every dollar we spend on oil from scrabe, 50 cents is returned -- saudi arabia, 50 cents is returned to the domestic economy. canada's oil fields, american products are used. case loaders, tires, boots,ford trucks, the list goes on, this is not the way it is in countries thousands of miles away. i urge this congress to put -- i urge this congress not to put politics before paychecks. pass this bill. the speaker pro tempore: the gentleman's time has expired. the time of the the gentleman from california has expired. the gentleman from michigan, mr. levin, has 53/4 minutes
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remaining. the gentleman from michigan, mr. upton has 1 and-a-half -- 1 1/2 minutes remaining. mr. upton: i would yield one minute to the gentleman from texas, mr. olson. oils oles i thank the chairman -- mr. olson: i thank the chairman. it's stunning to think that my friends on the other side of the aisle would design an opportunity to reduce our reliance on middle eastern oil and create thousands of american jobs. the keystone xl pipeline does both. the project has been exhaustively studied and revised to ensure its safety. our economy needs a safe, reliable source of energy. canada can't provide it. they want to provide it to help us reduce our reliance on middle
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eastern oil while strengthening our national security. 20,000 new american jobs will be created to build this pipeline. mr. speaker, i urge my colleagues to pass this bill, approve the keystone xl pipeline. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from michigan. mr. upton: i ask unanimous consent that all of my remaining time be given back to the the gentleman from michigan, mr. camp. the speaker pro tempore: without objection. mr. camp will have an additional 30 seconds. the gentleman from michigan, mr. levin. mr. levin: i reserve. the speaker pro tempore: does the gentleman wish to yield time? mr. camp: i yield to the gentleman from louisiana, mr. scalise. the speaker pro tempore: the gentleman is recognized for one minute. mr. scalise: i thank the gentleman from michigan for
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yielding and i think one of the strongest components of this bill we are bringing to the floor today is the component in the keystone pipeline bill. we have some options here. the american people want jobs. we have the ability to force president obama to get off the sidelines. the president has been good about running around the country and giving political speeches and campaigning and talking about jobs and the middle class but yet here we have the opportunity to create 20,000 middle-class jobs in america and the president said he will say no and will veto the bill over this one provision. this is a bill that deals with unemployment benefits and he said he would have people be unemployed than have a job. they would rather have the job and there is the opportunity to create 20,000 jobs and the president is turning his back. we can increase america's energy
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security if that oil comes from canada. our dependence on middle eastern oil can drop dramatically. we can eliminate one million barrels a day when this comes on-line and reduce our dependence on middle eastern oil. what does president obama have against 20,000 american jobs? i urge a yes vote and i yield back. the speaker pro tempore: the gentleman's time has expired. the gentleman from michigan, mr. levin. mr. levin: i yield two minutes to the distinguished the gentleman from new york, charles rangel. the speaker pro tempore: the gentleman is recognized for two minutes. mr. rangel: i ask unanimous consent to revise and extend. the speaker pro tempore: without objection. mr. rangel: i was walking to the cannon building to get to one of the television stations and a gentleman stopped me and asked me whether or not they were going to provide the tax benefits and the unemployment taxes to them and trying to find out why we were gridlocked and what the problem was and i assume he was from my district
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but he was from some part of texas and he heard my explanation as to why we were not just passing what democrats believe in and republicans say they don't have a problem with, and i told him it was about the keystone pipeline and he said what the hell is that? that made me think. of all the people in this time of year with limited resources that are going to sleep tonight, with all of the polls that are saying that congress is out of touch with the needs of america, they aren't talking about republicans. they talk about the congress, republicans and democrats. is anyone telling me that providing a break for people who work hard every day, getting a break on their taxes has to be connected with a pipeline? are you telling me that if you work every day and through no
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fault of your own, you've lost your job and that you paid into a fund where you are supposed to get some comfort, you're telling them that we need the keystone pipeline. let's get real. this is a political thing that is being done, not to deliver on the promise that we made to the american people. so let me make a plea, that for all of the people that's in need, for all the people that's rooting for a little break from big government, for all the people that we made these promises to, say that we couldn't do it because of the keystone pipeline. and if you think that makes any sense, then we are just a disgrace to the american people. if you want a keystone pipeline, bring it to the floor, let's debate it and vote it up and down, but to hold the american people hostage, it is just plain wrong. the speaker pro tempore: the
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gentleman's time has expired. the gentleman from michigan, mr. camp. mr. camp: i yield one minute to the distinguished gentlewoman from illinois, ms. biggert. mrs. biggert: i rise in support of h.r. 3630. i appreciate the efforts of the chairman and my colleagues on relevant committees in crafting a pack acknowledge that responds to the needs of all americans right now. it addresses the struggles of the unemployed and small business owners and recognizes we cannot dig our way out of a recession with more taxes and higher deficits. the bill extends critical assistance at a time when millions of americans need it most. . . it's also important to note that this compromise protects the
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social security trust fund. mr. speaker, this bill is a smart step towards job creation and economic certainty. i urge my colleagues to support this bill and yield back. toich -- the speaker pro tempore: the time of the the gentlelady has expired. -- the time of the gentlelady has expired. the gentleman from michigan. mr. levin: how much time remains? the speaker pro tempore: the gentleman from michigan, mr. levin, has 3 3/4 minutes remaining. the gentleman from michigan, mr. camp, has three minutes remaining. mr. levin: i now yield to our minority leader one minute. the speaker pro tempore: the minority leader is recognized for one minute. ms. pelosi: thank you very much, mr. speaker. i thank the gentleman for yielding. i commend him for his extraordinary leadership on behalf of america's working families. he has demonstrated long-term consistent dedication to their well-being. thank you, mr. chairman, for your leadership.
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mr. chairman, i return to the floor -- i spoke on the rule earlier, but this is intended to the debate. i think a few points need to be made, and i will do them very briefly. it is clear that the republicans in using the pipeline are trying to change the subject. the subject at hand is we have a proposal from the president of the united states which has within it proposals that has had bipartisan support over a period of time on how to have a payroll tax cut that benefits many middle-income families in our country, that respects that some people are out of work through no fault of their own and need unemployment insurance and that our seniors want to have the doctor of their choice and that issue has to be addressed here. the fact is is that because the
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way the rules were set up, the republicans said you are not even going to be able to bring the president and the democratic proposal to the floor. instead, we are going to bring ours to the floor. but so the public doesn't really understand the difference between the two, we're going to have a smokescreen go out there, smokescreen of confusion by talking about the pipeline. and this is very interesting because this isn't about the pipeline. we, as other speakers have said, could have a vote on the pipeline at any time to vote it up or vote it down, consider what it means in jobs and impact on the environment and it doesn't reduce dependence on foreign oil, but none the less, that's subject for debate at another time. i myself have not made a public statement one way or the other. many have either supporting it or not. that's not the point of the legislation, and many who support the pipeline are
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opposing this bill because they know it is being used, it is being used. and some of our friends in labor want this pipeline bill, but i assure you that they want unemployment insurance for workers who, again, through no fault of their own, are out of work. so let's just take a few points here. the proponents of this bill who are using a pipeline as a smokescreen and as an excuse say it will create 20,000 jobs. let's hope that that is correct, but what it's doing is standing in the way of the president's proposal which will create 600,000 jobs which will make an impact of 600,000 jobs on our economy. so while they're professing this 20,000 jobs, which may be a
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legitimate number. let's have that debate on another day. you may see a very big strong vote on the floor for the pipeline or you may not. the other -- so the point is 20,000 jobs, if that's the argument, versus 600,000 jobs. the other point is that the president's proposal affects 160 million americans. 160 million americans will have a payroll tax cut according to his proposal and in a substantial way. this is not that the republicans trying to throw a bone to the middle class. this is about a thriving middle class. it's about a payroll tax cut which does what it sets out to do, puts $1,500 in the pockets of america's families who need it and spend it and inject in doing -- in doing so inject
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demand, demand, demand into our economy which further creates jobs. and the -- how that is paid for is by a surtax on those making over $1 million a year. 160 million people affected, a surcharge on 300,000 of the wealthiest people in america. we don't begrudgeon their wealth, their success. that's important. i don't think any one of those 300,000 people begrudge the 160 million americans their payroll tax cut, but i do think it is the extremist on the house republican side who have an ideological point of view and that is what is at work here. it's not about those making over $300,000 begrudging the 160
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million. let's understand the numbers here. i want to reference the chairman. who sacrifices under the republican bill? seniors sacrifice. $31 billion. instead of the surcharge on the 300,000 wealthiest people in our country making over $1 million a year, the republicans pay for the payroll tax by $31 billion from seniors. federal workers sacrifice $40 billion. unemployed americans sacrifice $11 billion. millionaires and billionaires sacrifice $0. i think they're willing to do -- i think all americans are willing to do their fair share. we all have to do our part, take responsibility. zero. so, again, 20,000 jobs, 600,000 jobs.
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160 million americans. 300,000 americans. $30 billion from medicare. the president's proposal under the democratic plan reduces the deficit by $300 billion. and according to the congressional budget office, and i read from the congressional budget office letter, according -- this is to mr. camp, a letter from the congressional budget office, the independent, nonpartisan budget office of the house writing to mr. camp, said, according to c.b.o. and joint tax committee, congressional budget office and joint tax committees' estimate, enacting 3630, the bill before us, will change revenues and direct spending to predict increases in the deficit of $166.8 billion in fiscal year 2012 and $25.3 billion over the 2012 period.
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so let's take the number. $25 billion in the life of the bill. that's what the c.b.o. says about the bill before us. it's a bill that's why earlier today there was a motion to say this was not in keeping with being revenue-neutral, as republicans espoused and we agree. so again the numbers, 25 -- 20,000 for the pipeline. this is a smokescreen. this is a distraction. this is the masters of confusion so you don't know what really is at stake here. you couldn't possibly be sincere about a payroll tax cut that makes the middle class thrive if you put an obstacle like that in front of it and call it a jobs bill to prevent saving or creating 600,000 jobs. 160 million americans benefit from this.
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please don't tax 300,000. instead, take $31 billion from our seniors. reduce the deficit by $300 billion. increase the deficit by $25 billion. the numbers are clear. they speak to themselves. i urge my colleagues to vote no. i hope that we can come to the table and share a view that this middle income tax cut is worth doing without obstacles to its being signed into law and that we can do it soon. i say it over and over again, christmas is coming. for some the goose is getting fat. for others it's very thin prospects. let's do the people's work. let's get this done. with that i urge a no vote and yield back the balance of my time. the speaker pro tempore: the gentleman from michigan, mr. camp. mr. camp: mr. speaker, i yield myself 30 seconds. if the distinguished minority leader had read the next
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paragraph of the letter to me by the congressional budget office, she would have read that the bill in its entirety reduces the deficit by $1 billion. so, mr. speaker, i ask unanimous consent to insert the entirety of the letter to me from the congressional budget office in the record. the speaker pro tempore: without objection. mr. camp: i would also note that the first bullet on the distinguished minority leader's chart was exactly the president's proposal. the president asked to increase premiums on wealthy seniors. the president does. so it's interesting the minority leader's criticizing the president's own proposal which is put directly into this bill. the speaker pro tempore: the gentleman from michigan, mr. levin. mr. levin: how much time do we have each of us? the speaker pro tempore: the gentleman from michigan, mr. levin, has 2 3/4 minutes remaining. and the gentleman from michigan, mr. camp, has 2 1/2 minutes remaining. mr. camp: i just plan to close. that's all the speakers we have.
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mr. levin: i yield myself the balance of the time. the speaker pro tempore: the gentleman is recognized. mr. levin: i want to start by reading one of the 400-plus communications we received. this is from jackie of amherst, new hampshire. unemployment -- and i quote -- unemployment benefits help me make ends meet. while reducing my savings and 401-k to keep up with everything, now they are gone. my savings are long gone. my foik -- my 401-k is almost gone. i am watching everything i worked so hard for from my entire adult life slip away from me. i am 50.
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in the name of reform, what the house republicans are doing is to retreat. to retreat from assisting the unemployed through no fault of their own. and according to the data received from the department of labor, 3.3 million americans would lose weeks of unemployment benefits under this bill compared to an extension of current law. the president has made his position clear. the statement of administration policy says the administration strongly opposes h.r. 3630. with only days left before taxes go up for 160 million hardworking americans, h.r. 3630 plays politics at the expense of
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middle-class families. instead of working together to find a balanced approached that will actually pass both houses of congress, h.r. 3630 instead represents a choice to refight all political battles over health care and introduce ideological issues into what should be a simple debate about cutting taxes for the middle class. if the president were presented with h.r. 3630, he would veto the bill. in good conscience, we should not support this bill. remembering the 3.3 million who would have their benefit cut under this bill, there should be a resounding no, a resounding no. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from michigan, mr.
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camp, is recognized. mr. camp: thank you, mr. speaker. i yield myself the remainder of our time. this bill will strengthen our economy and help get americans back to work by lowering the tax burden for middle-class families and job providers. it prevents massive cuts for doctors working in the medicare program to protect america's seniors, providing more stability in the doctor payment schedule than there has been in a decade. it adopts 12 of the president's initiatives which represents bipartisan cooperation americans are demanding and includes an increase in medicare premiums for the wealthiest as the president requested. it will extend federal unemployment programs to five million americans, those still struggling after the president's failed stimulus program. i'm still waiting for the 3.5 million jobs that promised and the 6% unemployment rate but we ensure in this bill they get the assistance they need. and under this bill, more than one year of benefits is available. it is fully paid for by spending reductions, not job-killing tax
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hikes. commonsense reforms and savings in this bill includes things like actually requiring those who receive an unemployment check to look for work and get a g.e.d. if they don't have a high school diploma, require undocumented workers who are seeking refundable, that's cash, tax credits to actually have a valid social security number just like as required in the earned income tax credit. . the bill freezes pay for members of congress and other nonmilitary personnel. it reduces the federal tax subsidies that go to wealth year americans. we put an end to millionaires receiving food stamps saving over $20 million and reduce the president's plan arequiring them to pay a greater share of medicare premiums. that reduces federal spending by $31 billion. this bill incorporates a dozen proposals that the president has
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either offered, supported or signed into law in one variation or another. in fact, 90% of this bill is paid for with those policies. i urge support of this legislation. this bill is about strengthening our economy, helping americans find a job. doesn't add one dime to the debt. it is bipartisan and will help get our economy back on track. please vote yes for this bill and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. all time for debate on the bill has expired. pursuant to house resolution 491, the previous question is ordered on the bill as amended. third reading of the bill, those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. third reading. the clerk: a bill to provide incentives for the creation of jobs and for other purposes. the speaker pro tempore: for what purpose does the gentleman from maryland rise? >> i have a motion to recommit at the desk. is the gentleman opposed to the bill? mr. van hollen: yes, quim.
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>> i reserve a point of order. the speaker pro tempore: the clerk will report. the clerk: mr. van hollen of maryland moves to recommit with instructions to report the same back to the house forte with add at the end of the bill title 7, additional provisions, section 701, extension and expansion of payroll tax cuts for middle-class families, a, extension, for provision extending the payroll tax cut for middle-class families. b, increased relief. one, in general, subsection a of section 601 of the tax relief, unemployment insurance, -- mr. van hollen: i ask unanimous consent to -- the speaker pro tempore: the clerk will continue to read. the clerk: 26 u.s.c. is amended.
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a, by inserting 9.3% for calendar year 2012, in paragraph 1 and b, in paragraph 2, i, by striking 3.1% in the case of calendar year 2012, including after 4.2% and ii by striking code and inserting code. 2, coordination with individual deduction for employment taxes, subparagraph a of section 601-b-2 is amended by inserting 66.67% for taxable years that begin in 2012 after 59.6%. c, technical amendments, paragraph 2 of section 601-b and job creation act of 2010, 26 u.s.c. 1401 note is amended, one by inserting of such code after 164 f, two, by inserting of such
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code after 1401-a and subparagraph a and three, and inserting of such code after 1401 b in subparagraph b. section 702, extending the allowance for bonus depreciation for certain business assets for provision extending the allowance for bonus depreciation for certain business assets see section 1201. preventing a reduction in payments to doctors for provision preventing a reduction in payment to doctors. section 704, insuring that millionaires pay their fair share, and internal revenue code of 1986 as amended by adding at the end the following new part, part 13, part 8, surtax on millionaires. section 59 part b, surtax on
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millionaires. surtax on millionaires. a, general rule, in the case of a taxpayer other than a corporation for any taxable year beginning after 2011 and before 2021, there is hereby imposed in addition to any other tax ip impossibled by this subtitle, a tax equal to 3.6% of so much of the modified adjusted gross income of the taxpayer for such tax able year as exceeds the threshold amount. b, threshold amount, for the purposes of this section one, in general, the threshold amount is $1 million. two, inflation judgment, a and general in the case of any taxable year beginning after 2012, the $1 million amount under paragraph 1 shall be increased by the amount equal to i, such dollar amount multiplied by ii.
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the cost of living adjustment determined under section 1-f-3 in which the taxable year begins determines by substituting 2011 for calendar year 1992 in subparagraph b thereif. rounding, if any amount adjusted under paragraph 1 is not a multiple of $10,000, such amount shall be rounded to the next highest multiple of $10,000. married filing separately, in the case of a married individual filing separately for any taxable year, the threshold amount shall be one half of the amount otherwise in effect in this subsection for the taxable year. c, modified adjusted gross income, for purposes of this section, the term modified adjusted income means adjusted gross income reduced by any deduction not taken into account in determining adjusted gross
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income allowed for investment interests as defined in section 163-b. in the case of an estate or trust, adjusted gross income shall be dempled as provided in 67-e. d, special rules. one, nonresident alien. in the case of a nonresident alien individual, only amounts in connection with the tax imposed in section 871-b shall be taken into account. two, citizens and residents living abroad, the dollar amount in effect under subsection b shall be decreased by a, the amount excluded from the taxpayers' gross income under section 911. over, b, the amounts of any deductions or exclusions disallowed under section 911-d-6 with respect to the amounts described in paragraph a.
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subsection a shall not apply to a trust all the unexpired interests which are devoted to one or more of the purposes described in section 172 c. four, not treated as tax imposed by this chapter for certain purposes. the tax imposed shall not be treated as tax imposed. for purposes of determining the amount of any credit under this chapter or for purposes of section 55. b, clerical amendments. the table of parts for subchapter a of chapter one of the internal revenue code of 1986 is amended by adding the following new item. surtax on millionaires. c, section 15, not to apply. the amendment made by subsection a shall not be treated as a change in a rate for purposes of
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taxes in section 15 of the internal revenue code of 1986. effective date. the amendments shall apply to taxable years beginning after december 31, 2011. section 705, preventing insider trading by members of congress, a, nonpublic information relating to congress and other federal employees. one, commodities transactions. section 4-c of the commodities exchange act is amended by adding at the end the following, h, nonpublic information relating to congress. not later than 270 days after the date of enactment of this subsection, the commission shall by rule prohibit any person from buying or selling any commodity for future delivery or swap while such person is in possession of material nonpublic information as defined by the commission relating to any pending or perspective
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legislative action relating to such commodity if, one that information was obtained by a person while a member or employee of congress and such information was obtained from an employee or member of congress. i, nonpublic information relating to other federal employees, one, rule making. not later than 270 days after the date enactment of this subsection, the commission shall by rule prohibit any person from buying or selling any commodity or future delivery or swap while such person is in possession of material nonpublic information derived from federal employment and relating to such commodity if, a, such information was obtained by reason of such person being an employee of an
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agency as such term is defined in section 551-1 of title 5, united states code or b, such information was obtained from such an employee and such person knows that the information was owe obtained. 2, material, nonpublic information, for purposes of this subsection, the term nonmaterial public information means any information that an employee of an agency as such term is defined in section 511-1 of title 5, united states code, gains by reason of federal employment and that such employee knows or should know has not been made available to the general public, including information that, a, it is routinely exempt from disclosure under section 552, title 5, united states code or otherwise protected by disclosure, executive order or regulation. b, designated as confidential by an agency or c, has not actually
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been disseminated to the general public and not authorized to be made available to the general public on request. 2, securities transactions, section 10 of the securities exchange act of 1934 is amended by adding at the end the following, d, nonpublic information relating to congress. not later than 270 days after the day of enactment of this subsecretary, the commission shall by rule prohibit any person from buying or selling the securities or securities-based swap of any issuer while such person is in possession of material, nonpublic information as defined by the commission relating to any pending or perspective legislative action relating to such issuer, if, one, such information was obtained by reason of such person being a member or employee of congress, or, two, such information was obtained from a member or employee of congress and such person knows that the information was so obtained.
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e, nonpublic information relating to other federal employees. one, rule making. not later than 270 days after the date of enactment of this subsection, the commission shall by rule prohibit any person from buying or selling the securities or security-based swaps of any issuer while such person is in possession of material nonpublic information derived from federal employment and relating to such issuer, if, a, such information was obtained by reason of such person being an employee of an agency as such term is defined in section 551-1 title 5, united states code or b, such information was obtained from such an employee and such person knows that the information was so obtained. two, material, nonpublic information. for purposes of this subsection, the term material nonpublic
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information means any information that an employee of an agency, as such term is defined in section 551-1 of title 5, united states code, gains by reason of federal employment and that such employee knows or should know has not been made available to the general public, including information that, a, is routinely exempt from disclosure under section 552, title 5, united states code or otherwise protected by disclosure by statute, executive order or regulation. b, is designated as confidential by any agency, or, c, has not actually been disseminated to the general public and not authorized to be made available to the public on request. b, committee hearings on the implementation. one, in general, the committee on agriculture of the house of representatives shall hold a hearing on the implementation by the commodities futures trading
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commission of section 4-c of the commodity exchange act as added by subsection a-2 of this section and the committee on financial services of the house of representatives shall hold a hearing on the implementation by the securities and exchange commission of subsection d and e of section 10 of the securities exchange act of 1934 as added by subsection a-1 of this section. . . a, as an exercise of the rule making power of the house of representatives and as such, shall be considered as part of the rules of the house and such rules shall supersede any other rule of the house only to the extent that rule is inconsistent therewith and, b, with full recognition of the constitutional right of the house to change such rules so far as relating to the procedure
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in the house at any time and the same manner and to the same extent as in the case of any other rule of the house. c, timely reporting of financial transactions. one, reporting requirement. section 103 of the ethics and government act of 1978 is amended by adding at the end the following subsection. one, within 90 days after the purchased sale or exchange of any stocks, bonds, commodities, future or any forms of securities that are otherwise requires to be reported, under this act and the transaction of which involves at least $1,000 by any member of congress or official or employee of the legislative branch, required to so file, that member, officer or employee shall file a report of that transaction with the clerk of the house of representatives and the case of a representative in congress. a delegate to congress or the resident commissioner from puerto rico or with a secretary
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of the senate in the case of a senator. two, effective d, the amendment made by paragraph 1 shall apply to transactions occurring on or after the date that is 90 days after the date of enactment of this act. d, disclosure of political intelligence activities under lobbying disclosure act. one, definitions. section 3 of the lobbying disclosure act of 1995, 2, u.s.c., is amenleded. by inserting after lobbying activities each place that term appears the following or political intelligence activities and ii, by inserting after lobbyist the following, where political intelligence consultants and, b, by adding at the end the following new paragraph. 17. political intelligence activities. the term political intelligence activities means political
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intelligence contacts and efforts in support of such contacts including preparation and planning activities, research and other background work that is intended at the time it is performed for use in contact and coordination with such contacts and efforts of others. 18, political intelligence contact. a, definition, the term political intelligence contact means any oral or written communication including an electronic communication to or from a covert executive branch of official or a covert legislative branch official. the information derived from which is intended for the use in analyzing securities or commodities markets or informing investment decisions. and which is made on behalf of a client with regard to, i, the formulation, modification or adoption of federal legislation including legislative proposals. ii, the formulation, modification or adoption of a
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federal rule, regulation, executive order or any other program, policy or position of the united states government or, iii, the administration or execution of a federal program or policy including the negotiation, award or administration of a federal contract, grant, loan, permit or license. b, exceptions. the term political intelligence contact is not -- does not include a communication that is made by or two a representative of the media if the purpose of the communication is gathering or disseminating news and information to the public. 19, political intelligence firm. the term political intelligence firm means a person or entity that has one or more employees who are political intelligence consultants to a client other than that person or entity. 20, political intelligence consultants. the term political intelligence
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consultant means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts. two, registration requirement. section 4 of the lobbying disclosure act of 1995, 2 u.s.c. is amended. a, in subsection a, i, in paragraph 1, i, by inserting after whichever is earlier the following, or a political intelligence consultant first makes a political intelligence contact and, 2, by inserting after such lobbyist each place the term appears the following, or consultant. ii, in paragraph 2, by inserting after lobbyist, each place the term appears the following, or political intelligence consultant. and iii, in paragraph 3-a-i, by
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inserting after lobbying activities, each place the term appears the following, and political intelligence activities and, two, in clause i, by inserting after lobbying firm the following, or political intelligence firm. b, in subsection b-i, in paragraph 3, by inserting after lobbying activities, each place the term appears the following, or political intelligence activity. ii, paragraph 4, 1, in the manner preceding subparagraph a, by inserting after lobbying activity the following, or political intelligence activities, and, two, in subparagraph c by inserting after lobbying activity the following. or political intelligence activity. iii, in paragraph 5, by inserting after lobbying activities each place that term appears the following, or political intelligence
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activities. four, in paragraph 6, by inserting after lobbyist each place the term appears the following, or political intelligence consultant. and, five, in the manner following paragraph 6, by inserting -- after such lobbying activities. >> mr. speaker. the speaker pro tempore: the clerk will suspend. the house will come to order. >> i ask unanimous consent to dispense with the reading. the speaker pro tempore: is there objection? without objection, the remainder of the motion is considered read. members will kindly take conversations off the floor. the gentleman from michigan continues to reserve a point of order. the gentleman from maryland is recognized for five minutes on his motion. >> thank you very much, mr. speaker. it was just a few weeks ago that our republican colleagues in the house and the senate said they
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didn't want to do any payroll tax cut for working americans. they were opposed to any payroll tax cut for the 160 million working americans. mr. van hollen: and at the same time they were arguing vigorously in support of protecting tax breaks for the very wealthy in this country. they have been very clear they don't want to ask the very wealthiest to simply go back to paying the same tax rates that they were paying during the clinton administration. a time when the economy was booming and 20 million jobs were created. they don't want to do that. but they were prepared to increase the payroll tax on 160 million working americans. well, they realized that that didn't sound so good to the american people. and so we are here today and what the republican proposal does is two things. it inserts into their bill
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poison pills which the president has said he will not sign. he will not sign. and they know he said that. what will the result be? it will be the same result that our republican colleagues wanted two weeks ago which is no payroll tax cut for 160 million americans. but what they could not bring themselves to do, what they could not bring themselves to do, mr. speaker, was pay for that payroll tax cut for 160 million by asking very wealthy people, millionaires and billionaires, to share a little bit more in the responsibility for reducing our deficit. they didn't want to do that. and so their bill cuts other people. for example, their bill would cut the pension of the folks who helped track down saddam hussein -- osama bin laden. thank you very much for helping us track down osama bin laden, we're going to cut your pension. we're going to cut your pension
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from other hardworking men and women who protect this country every day in that way. who else are we going to ask to pay for it? well, let's ask seniors who earn $80,000 or so, let's increase their premiums. we don't want to ask folks over $1 million to pay a little bit more, share a little bit more responsibility. let's ask seniors at $80,000 a year. and you know what? let's change the current unemployment compensation law from what it would be if we extended current law. let's change it in a way where folks who are out of work through no fault of their own, are looking every day for a job, let's give them less than what they would get if we extended the current unemployment compensation. so those are all the gymnastics that bring us here today simply because the majority doesn't want to ask the folks at the very top to pay a little more. what our motion to recommit does
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is say, we need to have shared responsibility in this country. let's work together to bring down the deficit. we all know from independent economists that increasing the payroll tax cut will raise another 300,000 jobs. so in fact our motion to recommit increases that. and it also does other things to hold members of this accountable. so the choice is simple. do we want to ask folks at the very top to help reduce our deficit and provide that payroll tax cut and do we want to hold this body accountable on that issue? -- accountable? on that issue i defer to ms. slaughter, the chair of the rules committee. ranking member. ms. slaughter: thank you. mr. speaker, i'm going to make an offer that no one can refuse or no one should refuse. the speaker pro tempore: if the gentlelady will suspend, if the gentleman from maryland must remain on his feet in yielding time. the gentlelady from may -- the gentlelady may continue. ms. slaughter: does that come off my time? the speaker pro tempore: no
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madam chairman. ms. slaughter: i'm pleased this is something we can act on. the stock act has bipartisan support from 231 members of congress. the majority of the house, ranging from freshman members to senior members from both sides of the aisle, the bill has been around since 2006 and we do not need to study it another day. the critical part of the bill is the registration of the political intelligence industry. the burgeoning k street industry gathers information from members and staff in order to enrich their wall street clients and it has been completely unregulated. we will finally regulate this lucrative industry and make sure that members of congress and their staffs come to washington to serve their constituents and not fatten their own bank accounts. there are 535 of us privileged enough to serve in this congress and we must hold ourselves accountable to the highest standards. and the american people have shown an incredible interest in this stock act. if you fail to vote for this motion today you're going to tell them that you're not
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interested in their concerns. none of us on either side of the aisle want to do that. so i urge my colleagues to vote in favor of today's motion to recommit, to pass this bill that's been around for years and needs passing very badly. and to hold ourselves accountable to the american people and to the letter of the law. and i yield back the balance of my time. the speaker pro tempore: the gentlelady from maryland. mr. van hollen: thank you. the speaker pro tempore: the time of the gentlelady from maryland has expired. mr. van hollen: thank you, mr. speaker. the speaker pro tempore: for what purpose does the gentleman from michigan rise? mr. camp: mr. speaker, i withdraw my reservation and seek time in opposition to the motion to recommit. the speaker pro tempore: the reservation is withdrawn and the gentleman is recognized for five minutes. mr. camp: mr. speaker. this motion to recommit is a further illustration of the glaring differences in priorities between republicans and democrats. republicans have brought a plan to the floor today that is about protecting taxpayers and
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creating american jobs. and instead of joining us on that important task, my democratic friends are offering yet another politically motivated motion. in fact, one senior democratic aide recently said to the press, and i quote, m.t.r.'s are all political. you can read it right here. my colleagues nth and the american people should not be fooled. they should not be distracted by these political gains. make no mistake, our bill extends the payroll tax cut for every employee in this country. and if my friends on the other side of the aisle choose to vote against it, they're supporting a tax increase on every american who collects a paycheck. this motion contains a massive 10-year tax increase. it increases taxes on employers, on small businesses, on investors. the very people we need paying more paychecks, not more taxes. in fact, this exact provision has been defeated multiple times in the u.s. senate by republicans and democrats alike in a bipartisan effort.
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our bill is about strengthing our economy, getting -- strengthening our economy, getting americans back to work. it will ensure america's seniors and disabled are protected by preventing massive cuts to doctors working in the medicare program and it will be paid for with fiscally responsible reforms, not job-killing tax hikes. i urge my colleagues, vote against this motion to recommit and vote for the underlying bill and i yield back to the house all of my time. the speaker pro tempore: the gentleman yields back. without objection, the previous question is ordered on the motion to recommit. the question is on the motion. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the gentleman asks for a recorded vote. those in support of the request for a recorded vote will rise and be counted. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. pursuant to clause 8 of clause 9 of rule 20, this 15-minute vote on the motion to recommit will be followed by five-minute votes on passage, if ordered, and the
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motion to suspend the rules on h.r. 2767 if ordered. this is a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of prohibited by the u.s. house of representatives.]
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the speaker pro tempore: on this vote the yeas are 183, the noes are 244, the hotion is not agreed to. question is on passage of the bill. those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. for what purpose does the gentleman from new jersey rise? the gentleman asks for a recorded vote. those in support of the request for a recorded vote will rise and be counted. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device.
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this is a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]
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the speaker pro tempore: on this vote, the yeas are 234, the nays are 129 . the bill is passed and without objection, the motion to reconsider is laid upon the table. the question is on suspending the rules and passing h.r. 2767 which the clerk will report by title. the clerk: h.r. 2767, a bill to designate the facility of the united states postal service located at 8 west silver street in westfield, massachusetts as the william t. trant post office building. the speaker pro tempore: the question is will the house pass the bill. those in favor say aye. those opposed, no. for what purpose does the gentleman from minnesota rise? >> i ask for a recorded vote. the speaker pro tempore: those in support of the recorded vote
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will rise. members will record their votes by electronic device. this is a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]
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nays are zero. the rules are success peppeded and the bill is passed and without objection, the motion to reconsider is laid on the table. for what purpose does the gentleman from utah rise? >> mr. speaker, i send to the desk a privileged report from the committee on rules for filing under the rule. the speaker pro tempore: the clerk will report the title. the clerk: report to accompany house resolution 493, resolution providing for consideration of the conference report to accompany the bill h.r. 1540 to authorize appropriations for fiscal year 2012 for military activities of the department of defense, for military construction and for defense activities of the department of energy, to prescribe military personnel strength for such fiscal year and for other purposes and providing from december 16, 2011, through january 16, 2012.
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the speaker pro tempore: referred to the house calendar and ordered printed. for what purpose does the gentleman from california seek recognition? >> i ask unanimous consent to have my name removed as a co-sponsor of h.r. 3521. without objection, so ordered. pursuant to clause 8, rule 20, the chair will further postponeproceedings on motions to suspend the rules on which a recorded vote or the the yeas and nays are ordered or on which the vote incurs objection under clause 6 of rule 20. record votes on postponed questions will be taken later. for what purpose does the gentleman from north carolina seek recognition?
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. the speaker pro tempore: for what purpose does the gentleman from pennsylvania seek recognition? >> mr. speaker, i move to suspend the rules and pass the bill, h.r. 3421. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 3421, a bill to award congressional gold add millions in honor of the men and women who per ired -- perished as a result of the terrorist attacks on the united states on
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september 11, 2001. the speaker pro tempore: pursuant to the rule, the gentleman from pennsylvania, mr. fitzpatrick, and the gentleman from new york, mr. meeks, each will control 20 minutes. the chair recognizes the gentleman from pennsylvania. mr. fitzpatrick: mr. speaker, i ask unanimous consent that all members may have five legislative days in which to revise and extend their remarks and to add extraneous material on this bill. the speaker pro tempore: without objection, so ordered. mr. fitzpatrick: mr. speaker, i'd like to submit an exchange of letters with the ways and means committee regarding this bill and i yield three minutes to the author and sponsor of this bill, the gentleman from pennsylvania, mr. shuster. mr. shuster: i thank the gentleman for yielding and i thank the speaker. i rise today in support of the fallen heroes of 9/11 act which i introduced earlier this year. in honor of the 10th anniversary of september 11. i represent shanksville, pennsylvania, the area where flight 93 went down. and more importantly where the first counterattack on the war on terror occurred. it has been an honor for me to
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work closely with the families of flight 93 over the years on key initiatives including funding for flight 93 national memorial and awarding the 9/11 heroes a congressional gold medal. the fallen heroes of 9/11 act would award one collective congressional gold medal to honor the heroes that perished on 9/11. to be displayed at each memorial sight -- site, the flight 93 in pennsylvania, the national september 11 memorial and museum in new york and the pentagon memorial. the tragic deaths at the world trade center, at the pentagon and in rural pennsylvania on september 11, 2001, have forever changed our nation. the officers, emergency workers and other employees of state and local government agencies including the port authority of new york and new jersey and of the united states government and others who responded to the attacks on the world trade center in new york city and perished as a result of the tragic events of september 11, 2001, took heroic and noble action on that day.
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the officers, emergency workers, employees of local and united states government agencies who responded to the attack on pentagon and washington took heroic and noble action to evacuate the premises and prevent further casualties of the pentagon employees. and the passengers of united airlines flight 93, recognizing the imminent danger that the aircraft, that they were boarded, posed to a large number of innocent men and women and children, american institutions and the symbols of american democracy, took heroic and noble action to ensure that that aircraft could not be used as a weapon. given the unprecedented nature of the attacks against the united states of america and the need to properly demonstrate the support of the country for those who lost their lives to terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal. awarding this medal would give congress and the american people
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an opportunity to pay further tribute and honor to the heroic men and women who lost their lives that day. there would be no better gift this holiday season to those who lost loved ones than passing this bill and officially recognizing those of us -- who lost their lives that fateful day. mr. speaker, i urge all my colleagues to support this bill, the heroes of 9/11, and i want to thank over 300 members, 350 members, i believe it was, that signed onto this bill to make it possible, that we're here today, going to pass this and hopefully sending it to the president. and with that i yield back. the speaker pro tempore: the gentleman from new york is recognized. mr. meeks: thank you, mr. speaker. i yield myself such time as i may dume. -- consume. the speaker pro tempore: the gentleman is recognized. mr. meeks: thank you, mr. speaker. this year represented the 10th year where our country was attacked by terrorists and
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forever changed our nation. the events that took place on september 11, 2001, will be forever embedded into every american soul. i, being a new yorker, on that day can recall with vivid memory that i was in the city because it was an election day in new york. a beautiful day in new york. and being pulled to the television by some individuals that our nation was under attack. i could then look out from the venue where i was and literally see the two towers. then getting on the phone to talk to individuals, many, some of whom was racing to the scene
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of the tragedy. not racing from it. our first responders, racing to it. because they wanted to help their fellow human beings. these indeed, and we use the word heroes sometimes as a matter of course. but if you want to talk about a heroic act, when hand in the time of crises individuals willing to put their own lives on the line to help a fellow human being, i tell you the first responders, the officers, the emergency workers and others indeed are true american heroes. when you think about what took place, what must have taken place on that fateful day, for
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the passengers and the crew of the united airlines flight 93. think about what they must have gone through knowing that there had been planes already attacking our nation. but yet they made a decision to sacrifice their lives and to make sure that the plane would go down so that no other lives would be destroyed. the true meaning of a hero. think about the government employees, think both local and the united states government, who responded to the attack on the pentagon in washington, d.c. who took courageous steps to protect fellow americans, heroes .
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and that's why on this 10th anniversary h.r. 3421, where we have three coins to commemorate those heroes, those heroes of the day the united states of america was attacked by terrorists, is way that we can come together to say we shall never forget. and we shall honor those individuals who left their families because of a vicious act that also -- but also in attempting to save many other american lives. and so, mr. speaker, i say that i thank all of the 328 co-sponsors who united together to say to those heroes, we shall never forget you, we shall never
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stop thanking you, we will always, always hold your name up high and these coins are the commemoratives of those acts so that yet children yet unborn will know of your heroic acts. and they shall never, ever perish from the minds of an american citizen, whether they're here today or whether they will be born tomorrow. and i reserve the balance of my time. the speaker pro tempore: the gentleman from pennsylvania is recognized. mr. fitzpatrick: mr. speaker, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. fitzpatrick: mr. speaker, i rise today also in support of h.r. 3421, the fallen heroes act of 9/11. introduced november 14 by the gentleman from pennsylvania, mr. shuster. remarkably in the short four weeks since its introduction, it
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has obtained almost 330 co-sponsors from this house of representatives. the bill before us recognizes the heroism of the men and women who died on september 11, 2001. that day, just over a decade ago, that changed this country and in fact changed this world and changed it forever. at three sites, seemingly unconnected on that clear, bright morning, thousands of brave men and women died in the most agonizing way and before our eyes. each of them was a hero and this bill awards a congressional gold medal in their memory. there will be three designs, one each for the attack sites, in new york city and at the pentagon and in the commonwealth of pennsylvania. and the medals struck for those sites will be displayed at the museums there that preserve the memories of that frightful day. after the award of the medals,
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bronze copies of the medals will be available for purchase at a nom a number price. each de-- nominal price. each design, which should be reviewed by the citizens coinage committee and the commission on fine arts, is to capture the horror of that day and the majesty of those heroic deaths. this medal will be the second and final congressional gold medal to be approved during this session of the 112th congress. mr. speaker, i urge immediate passage of this bill and reserve the balance of my time. the speaker pro tempore: for what purpose does the gentleman from new york rise? mr. meeks: i yield the gentlelady from the great state of new york one minute. the speaker pro tempore: the gentlelady is recognized. mrs. maloney: i rise in strong support of h.r. 3421, the fallen heroes of 9/11 act. after 9/11 i have never seen this body so united and determined and the same determination and united spirit
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is behind the bill that we will be passing today. with well over 300 co-sponsors. this here marked the 10th anniversary of that tragic day where we had innocent americans murdered on our soil, invaded, the first act of terrorism that we are confronting and combating today in this congress. the bill will symbolize in the gold coin the 9/11 site in new york, the site at the pentagon, the heroic flight over pennsylvania, and will have the gold coin put on display in the museums in these three locations. on 9/11 we lost thousands and thousands of americans. innocent americans who did what we did today, went up and went to work and were murdered because they were americans. it was outrageous, we will never
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forget, this is another way that we can memorialize the heroic actions, the heroes and heroines that worked hard to try to protect them. and really recognize how outrageous it was that an american citizen was murdered just for being an american. since 9/11, thousands and thousands more have lost their health and i thank this body for acting in the last congress to provide health care and compensation and monitoring, those who risked their lives to save the lives of others. no other act has changed this country as much as 9/11. we totally reorganized our priorities, created a homeland security department, totally reorganized our intelligence gathering and implemented 43 of the 53 recommendations of the
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9/11 commission. it was this congress at its best. the 9/11 commission report, which was a bipartisan product, came forward with concrete recommendations. their report sold more copies than harry potter. it was an important report and this congress took that report and enacted those recommendations into law. with that same bipartisan spirit we should be attacking the economic challenges that we confront today. i compliment my colleagues on both sides of the aisle for sponsor this -- sponsoring and working on this legislation. it will mean a great deal to the men and women i have the honor of representing to have a bronze coin that they can purchase to remember, to have their input into the artistic framing of the message for these three tragedies in our country. it is thoughtful, it is
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purposeful and it is historic. so i thank my colleagues, i ask permission to revise and extend and i yield back the balance of my time. thank you. the speaker pro tempore: without objection, so ordered. for what purpose does the gentleman from pennsylvania rise? mr. fitzpatrick: i reserve. we're ready to close. mr. meeks: ready to close. no further speakers. the speaker pro tempore: the gentleman from new york. mr. meeks: being a new yorker, i still, to this day, as i walk the streets of downtown manhattan, i can't believe that those twin towers are not there. i taught my daughters how to navigate the streets of new york city looking up at those towers as some use the north star. i will never in my heart conceive of the towers not being there, even as we build
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this great memorial. but when i think about the families, how they must feel, if i just utilized them as a foorl my daughters and they're gone, but when you think about the families whose loved ones are gone, we have to do everything in our power that they know that we will always be thinking of the ones that are not able to have dinner with them this evening. these coins, when tourists come to visit the various sites or when individuals want to purchase them for the commemorative event, so that they can always remember these heroes, is a symbol of the united states house of representatives and congress, that in these kinds of times we do come together and we will
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work together in a bipartisan manner to salute americans, and others, because some lost their lives who were not american citizens. that we shall never forget and we thank them for their courage, we thank them for their heroisms, and we thank them for the -- the families for the sacrifices they have, as a result of not having those loved ones. i yield back the balance of my time. let me also thank my colleagues and mr. shuster for introducing this bill and working collectively together in the spirit of being americans and i thank my colleagues on the other side of the aisle. i yield back the plans of my time. the speaker pro tempore: the gentleman from pennsylvania is recognized. mr. shuster: i represent bucks county, pennsylvania, which is
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the home of a 9/11 memorial for all those killed on 9/11, 2001, it's also the home of the widow of captain victor serasini, the pilot of the flight that crashed into the south tower at approximately 9:03 that morning he went to work, along with 2,973 other men and women lost on september 11, never imagining that they would not be returning home. for ellen and the other 17 families from bucks county who lost a loved family member on that day, i want to thank my friend and colleague from pennsylvania, mr. shuster, for offering this bill. i was proud to help him introduce it and i humbly ask my colleagues to support it. mr. speaker, i yield back. the speaker pro tempore: the question is, will the house suspend the rules and pass h.r. 3421. those in favor say aye. those opposed, no.
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in the opinion of the chair, 2/3 being in the affirmative, the rules are suspended, the bill is passed and without objection the motion to reconsider is laid on the table. the gentleman from new york. mr. meeks: mr. speaker, i ask for a roll call vote. under the point of order that a quorum is not present. the speaker pro tempore: does the gentleman ask for -- mr. meeks: i object to the vote on the grounds that a quorum is not present. the speaker pro tempore: pursuant to clause 10 of rule 20, further proceedings on this motion will be postponed. for what purpose does the gentleman from north carolina seek recognition?
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>> i move to suspend the rules and pass the bill h.r. 886 as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 886, a bill to require the secretary of the treasury to mint coins in commemoration of the 225th anniversary of the establishment of the nation's first federal law enforcement agency, the united states marshal service. the speaker pro tempore: the gentleman will suspend. pursuant to the rule, the gentleman from north carolina, mr. jones, and the gentleman from new york, mr. meeks, each will control 20 minutes. the chair recognizes the gentleman from north carolina. mr. jones: mr. speaker, i ask unanimous consent that all members have five legislative days in which to revise and extend their remarks and add extraneous material on this bill. the speaker pro tempore: without objection, so ordered. mr. jones: mr. speaker, i ask
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unanimous consent to submit an exchange of letters with the ways and means committee regarding this bill and i would like at this time to yield to the gentleman from arkansas who is the sponsor of the bill, mr. womack, and as -- as much time as he might consume. the speaker pro tempore: without objection, so ordered this egentleman is recognize . mr. womack: i thank the gentleman for yielding. mr. speaker in 2005, 16 cities competed for the right to become the home of the u.s. marshals museum. the city in in my district, fort smith, was one of the two finalists and was ultimately chosen for many reasons, one of which was it strong -- was its strong historical connection to the u.s. marshal'ser is vess. it was for many years the seat of justice not only for the western district of arkansas but indian territory as well. more marshals and deputies have
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been killed in the line of duty out of the western district of arkansas than any other district in the country. most were killed riding out under famed judge isaac c. parker, immortalized by the novel "true grit" and the movies by the same name. a few months ago, i introduced legislation to mint a coin to commemorate the 225th anniversary of the u.s. marshal service. today i am pleased to be standing here with the opportunity to urge my fellow members, many of whom are co-sponsors of the bill to join me in honoring a truly deserving institution. the proceeds from the sale of these coins will assist in the preservation and maintenance of artifacts and documents which will be displayed in the u.s. marshal's museum. additional proceeds will go to the federal law enforcement officers association, the national law enforcement museum and the national center for missing and exploiting children.
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the museum which will overlook the beautiful arkansas river will consist of 20,000 square feet of exhibit space to highlight piveltal moments in the history of the u.s. marshal service, such as the snake massacre of 1872 which left one deputy and seven pass yemen "dead end" in the -- posse men dead. also the hall of marshals paying tribute to those killed in the line of duty from 1874 to those in 2011. in addition to serving as a symbol and constant reminder of the character and tradition of one of america's greatest institutions, this commemorative coin will allow the u.s. marshal's museum to honor past marshals like bass revis who in 1875 was commissioned as one of the
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first african-american deputy marshals west of the mississippi river. revis was a skilled gunslinger who on one occasion brought in 19 horse thieves to the federal jail in fort smith, all by himself. but as the nation's oldest law enforcement agency, bass revis is one of only many characters etched into the storied history of the u.s. marshals service including the famous three guardsmen of the oklahoma territory, wild bill hickok, the earp brothers, along with doc holliday in the shootout at the yoke corral. today that same grit and courage define the marshal service. u.s. marshals were in oxford, mississippi, to protect james meredith when he became the first african-american to attend the university of mississippi. they were in the state of washington when convicted soviet spy christopher boyce was captured when he escaped
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prison and they were in new york and new york to administer justice following the terrorist attacks that took the lives of innocent americans. since 1789, the u.s. marshal service has served this country with dedication an distinction, upholing its creed of justice, integrity and service an today u.s. marshals continue to play an i want fwral role in the security of our country. they assist when tragedy strikes and ensure the safety and well being of federal officials and they track down and apprehend some of the most dangerous fugitives, murderers ares, sex offenders and gang members, with little regard for their own safety they feel u.s. marshal service has meant so much to so many. over the course of history, more than 250 marshals have given that ultimate sacrifice. they have selflessly given their own lives to protect our way of life. this coin will serve as a token of our appreciation and a symbol of their sacrifice.
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mr. speaker, there are a lot of people to thank, including the 300-plus co-spon ors of this legislation -- co-sponsors of this legislation, who with their co-sponsorship made this legislation possible. i want to thank chairman bachus for his support in moving this bill forward through committee. i want to thank my friend, mike rossthombing fourth district of arkansas, for his personal involvement in seeking co-sponsors for this legislation and his unfailing support for the construction of this museum. i want to thank ed pastor. he took this legislation to the hispanic caucus and got widespread support there. thanks also to the late ray baker, mayor of fort smith, who was in the early beginnings of the development of this museum project and current mayor sandy sanders. i want to thank the c.e.o. of the marshals museum jim dunn and jim johnson and soon they'll be conducting
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nationwide campaigns to see that the funding is possible to construct this museum. mr. speaker, i'm proud to have sponsored this legislation. i also want to thank my friend john boozman, my predecessor, who began this process in a previous congress and will work hard in the senate to champion this legislation through the other body but i'm proud to have been the sponsor, but more than anything i'm proud of what the u.s. marshal service means to our country and i am anxiously looking forward to the construction of this museum so that we can showcase the museum, the institution of the marshal service, and the great city of fort smith and the third district of arkansas to all who will come and see. with that, mr. speaker, i yield back my time. the speaker pro tempore: the gentleman from new york is recognized. mr. meeks: i yield myself such time as i may consume. mr. speaker, i'm a proud -- i
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am proud to support h.r. 886, the united states marshal services' 225th anniversary commemorative coin act this bill honors our nation's oldest law enforcement, oldest federal law enforcement agency and requires the secretary of the treasury to mint three different coins to celebrate the marshals' 225th anniversary. the first president of the united states of america, george washington, had the privilege of nominating the first 13 marshals who were then confirmed by the senate. since those days of the early republic, the marshals have continued their brave service to the nation. among the duties of marleau that will -- the marshals have undertaken include combating counterfeiting from 1789 to 165, when the sket -- secret service was established. conduct e-- conducting the national census from 1790 to 1870, and confiscating property used by the confederacy during
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the civil war. today there's a u.s. marshal in each of the federal districts protecting the legal system. as a former prosecutor, i can attest to the importance that marshals play in our judicial system. u.s. marshals among their other duties, protect the federal judiciary, allowing our country to maintain a system of fairness and integrity. they also protect witnesses and jurors, enabling citizens to engage in a high duty of serving their communities. the u.s. marshals have so many great accomplishments. but one that is of special consideration to me as a young child, one of the greatest accomplishments that i can recall, is during their service , during the civil rights era, when the rule of law was under
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threat in the south, when riots broke out over the enrollment of james meredith a young african-american student, at ole miss, it was the u.s. marshal service that protected him with a 24-hour detail for an entire year. one cannot underestimate the role they play in helping desegregate the south and promoting our great nation to the point where we are today, to where even in fact the 44th president of the united states of america is an african-american. so i am pleased to pay tribute to the marshal service by supporting this act and i urge my colleagues to do the same and i reserve the balance of my time. the speaker pro tempore: the gentleman's time is reserved. for what purpose does the gentleman from north carolina rise? mr. jones: mr. speaker, i don't have any sfurt speakers at this time -- any further speakers at this time so i'll reserve the balance of my time. the speaker pro tempore: the gentleman from new york is recognized. mr. meeks: mr. speaker, i yield
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for as much time as he may consume, the gentleman from arkansas, mr. ross. the speaker pro tempore: the gentleman from arkansas is recognized. mr. ross: mr. speaker, i rise today in support of h.r. 886, the united states marshal service 225th anniversary commemorative coin act. i'm proud to be an original co-sponsor of this bill and to work very closely with my colleague from arkansas, mr. womack, to issue a commemorative coin honoring the 225th anniversary of the united states marshals service and helping to raise money for the u.s. marshals museum in fort smith, arkansas. the very first congress, with its very first bill, created the u.s. marshals service. when president george washington signed the judiciary act of 1789. this was the same bill that created the entire federal judicial system and today the u.s. marshals service remains the nation's oldest federal law enforcement agency. my home state of arkansas has a
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proud chapter in the history of the u.s. marshall -- marshals service. as a young state, arkansas sat on the western edge of a growing nation in the late 1800's. it would be the u.s. marshals and their deputies based out of fort smith, arkansas, that had jurisdiction over 74,000 square miles. an area where countless number of dangerous criminals fled into indian territory to escape prosecution. home to judge parker's courthouse, fort smith became the center of law and order in the western united states throughout much of the late 19th century. charles portises' 1968 novel "true grit" introduced many to arkansas' role in the marshal service. born and raised in my
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congressional district, charles later saw his novel turned into a 1969 movie starring arkansas native and recording artist /singer glen campbell and john wayne as u.s. marshal. and more recently the 2010 remake of the movie featuring jeff bridges in the same role. the importance of fort smith, arkansas, to the u.s. marshals service is in part why the city will also be home to the u.s. marshals museum. to be funded partly by sales from the u.s. marshals commemorative coin. when finished the u.s. marshals museum will be a world class national museum with over 20,000 square feet, helping to share the history and legacy of the u.s. marshals service. most importantly it will serve as a memorial for all those within the u.s. marshals service who gave their lives in service to our country.
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today more than 4,000 u.s. marshals, deputy marshals and criminal investigators make up the modern u.s. marshals service , carrying out many of the duties first assigned to them more than two centuries ago. our u.s. marshals and deputy marshals protect the federal jirnl system, apprehend -- judicial system, apprehend federal fugitives, seize property, house and transport federal prisoners and operate the witness security program. they continue to risk their lives to preserve and protect law and order. the very basic tenant of our american democracy and, yes, our way of life. mr. speaker, this bill, which will not add a single dime to the deficit, will allow our nation to recognize, honor and thank the sacrifices that so many u.s. marshals and deputy marshals have made to this country over the past 225 years. it will also generate revenue from the 225th anniversary of
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the u.s. marshals service commemorative coin sales to help build a museum in their honor in fort smith, arkansas. so that this generation and the generations that follow will know the truly american story of the u.s. marshals service. so, mr. speaker, i'm proud to join my colleague from arkansas, mr. womack, in offering up a bipartisan bill and i'm asking you to join me in voting for h.r. 886, the united states smarshals service 225th an-- marshals service 225th anniversary commemorative coin and -- act and again i'd like to thank mr. womack for his steadfast leadership and hard work to see this day become a reality. and with that i yield back the balance of my time. thank you. the speaker pro tempore: the gentleman yields back. for what purpose does the gentleman from north carolina rise? mr. jones: i will reserve the balance of my time. the speaker pro tempore: the gentleman from new york is recognized. mr. meeks: thank you, mr. speaker.
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as we close, it is important for us to remember the history of our great country and by celebrating the 225th anniversary of the united states marshal service, that's exactly what we're doing. and by creating this museum for the preservation and maintenance and display of artifacts and documents is important and the money, the first $5 million in surcharge proceeds will do just that. but the money that's additionally raised, and again it will be utilized for great purposes, the national center for missing and exploited children will be beneficiaries and the federal law enforcement officers association foundation will be beneficiaries.
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and the national law enforcement officers memorial fund will be beneficiaries. and they would have to raise matching funds for coins that are sold. these coins are for sale. and so we will be able to commemorate the marshals distribute united states marshals and the service that they've given to this country and in addition thereto be able to support three much-needed organizations for individuals who really need the support. and those three organizations. so, i ask all of my colleagues to join us on h.r. 886, the united states marshals service 225th anniversary commemorative coin act, and vote aye and i
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yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. for what purpose does the gentleman from north carolina rise? mr. jones: mr. speaker, at this time i have no other speakers and i will yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the question is will the house suspend the rules and pass h.r. 886 as amended. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 of those voting having responded in the affirmative -- mr. meeks: mr. speaker. the speaker pro tempore: the gentleman from new york. mr. meeks: i object to the vote on the grounds that a quorum is not present and i make a point of order that a quorum is not present. the speaker pro tempore: pursuant to clause 8 of rule 20, further proceedings on this question will be postponed.
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the speaker pro tempore: for what purpose does the gentleman from texas rise? mr. smith: mr. speaker, i move that the house weekend -- suspend the rules and pass h.r. 313, the drug trafficking safe harbor elimination act of 2011 as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: union calendar number 222, h.r. 313, a bill to amend the controlled substances act to clarify that persons who enter into a conspiracy within the united states to possess or traffic illegal controlled substances outside the united states or engage in conduct within the united states to aid or abet drug trafficking outside the united states may be criminally prosecuted in the united states and for other purposes. the speaker pro tempore: pursuant to the rule, the gentleman from texas, mr. smith, and the gentleman from virginia, mr. scott, each will control 20 minutes. the chair recognizes the gentleman from texas. mr. smith: mr. speaker, i ask
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unanimous consent that all members will have five legislative days within which to revise and extend their remarks and include extraneous materials on h.r. 313 as amended currently under consideration. the speaker pro tempore: without objection, so ordered. mr. smith: mr. speaker, i yield myself such time as i may dume. the speaker pro tempore: the gentleman is recognize -- consume. the speaker pro tempore: the gentleman is recognized. mr. smith: mr. speaker, h.r. 313, the drug trafficking safe harbor eliminate -- elimination act of 2011, introduced by the gentleman from california, mr. schiff, and me, closes a loophole in the federal law. drug traffickers are currently exempt from prosecution in the united states when they conspire to traffic drugs outside of the united states. this bill clarifies congress' intent that the drug trafficking conspiracy statute should be given extra territorial application. a federal criminal case demonstrates how the loophole is being exploited. in 1998, two individuals conspired with members of a
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large colombian drug trafficking organization and a saudi arabian prince. the goal of the conspiracy was to traffic two -- 2,000 kilograms of cocaine worth over $100 million, from south america to europe. meetings among the co-con supporter tos occurred in miami, florida and elsewhere around the world. specifically while in miami they planned in detail to purchase the cocaine in colombia and ship it to europe for distribution. the prince used his royal jet under the cover of diplomatic immunity to transport the cocaine from venezuela to paris, france. although part of the cocaine was seized by law enforcement authorities in france and spain, about 1,000 kilograms of cocaine were distributed and sold in the netherlands, itsly and elsewhere in europe. in 2005 two of the conspirators were convicted of drug trafficking and conspiracy and federal district court in florida and each was sentenced
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to over 20 years in prison. however, in 2007 the u.s. court of appeals for the 11th circuit vacated their convictions. the court reasoned that there is no violation of federal law when, absent congressional intent, the object of the conspiracy is to possess and distribute controlled substances outside of the united states. this is true even though meetings and negotiations to further the crime occurred on u.s. soil. crime is usually a territorial issue, specific to the place where the crime occurs. however, the drug trafficking is inherently global in nature, now more than ever. in fact, two other provisions of the controlled substances act are already explicitly extra territorial. they relate to narco terrorism, terrorism financed through drug trafficking and the foreign manufacture of drugs for importation into the united states. the primary antimoney laundering statute used in drug trafficking
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cases is also extra territorial. three years ago congress enacted the federal maritime drug law enforcement act in response to the increase in use of vessels to traffic drugs around the world. congress gave this law express extraterritorial effect. congress stated, quote, that trafficking controlled substances is a serious international problem and is universally condemned. moreover, such trafficking presents a specific threat to the security and societal well-being of the united states. end quote. the united states is a significant notory to two major -- is signatory to two major international drug control treaties. 184 countries are parties to the 1961 convention on narcotic drugs that acts as the foundation for most of the world's drug trafficking laws. drug trafficking is a global problem, universally condemned
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by law abiding nations. some argue that a person should not be subject to the new conspiracy offense created by this bill unless their conduct is expressly illegal in every country where the drug trafficking occurs. such a requirement is rarely if ever imposed on extraterritorial statutes. in fact, my colleagues on the other side of the aisle are proponents of a number of extraterritorial laws that contain no requirement that the conduct be illegal in the country where it occurs. such crimes include genocide, recruitment or use of child soldiers or the use of semi submeasuresble submarines. these laws are significantly broader than the bill before us today because they do not require any illegal conduct to occur inside the united states. h.r. 313 does require that the conspiracy to traffic drugs take place here in the united states. this legislation is narrowly tailored to reach drug
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trafficking conspiracies that occur on u.s. soil that promote the global distribution of drugs. to prove that the crime violates foreign law would render this law essentially ineffective. drugs are not simply manufactured in one country and sold in another. drug shipments make several stops along the way to their final destination. for instance, cocaine is manufactured and processed in colombia. it will likely be shipped by ground to venezuela and may be put in a shipping container, transit several caribbean islands and sent to africa or europe. it could be offloaded to spain, divided up and wind up in a dozen different european countries. the proceeds from this multimillion dollar shipment will make their way through the banking somes of a dozen other countries lfer being delivered to clomia. the government should not be required to prove that each act violated a country's law to
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prove that they started the conspiracy inside the u.s. this bill was brought forth from conspiracy with bipartisan support. this legislation aims to eliminate the safe harbor for drug traffickers and distributors whose primary motive is financial game. if we don't pass this bill we invite drug trafficers to plan their chemos within our borders. the united states should not provide a safe haven for the world's drug traffickers to plot their international drug trafficking operations. this common sense bill prevents drug traffickers from benefiting for their legal exemption from prosecution. it sells -- tells drug traffickers not to plot their illegal activities in the u.s. and if they do, they'll be brought to justice. i urge my colleagues to support this bill and i reserve the blaps of my time and before i do that, i do want to thank mr. schiff again for sponsoring this legislation with me and i reserve the balance of my time. the speaker pro tempore: the gentleman from virginia is
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recognized. >> thank you, mr. speaker. i rise in opposition to h.r. 313 and yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. >> i -- mr. scott: i rise in opposition to this bill that doesn't make us any safer. we are now considering an expansion of central criminal law to conspiracies to engage in drug activity that occurs completely out of the united states. the reason this bill has been introduced as the gentleman from texas points out is at least partly due to the 11th circuit court of appeals decision in 2007 in the lopez case, the court overturned the conviction of two people who formed ap agreement in the united states to transport cocaine from venezuela to france. the court ruled that current law only applies to conspiracies to distribute drugs in which some of the activity occurs in the united
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states. under this bill, some of the conspiracies could be prosecuted even if the drug activity that is the subject of the conspiracy is not illegal where the transaction is going to take place. for example, the use and production and the distribution of marijuana for medicinal purposes are all legal in a number of countries including canada. canadians and other citizens involved in legal medical marijuana programs in their country could face federal prosecution if they visit the united states and engage in agreement here in the united states to advance, to advance or finance their business in canada. they could be discussing legal transactions in canada but the abblingtivity is illegal in the united states. so the agreement in the united states under this bill would constitute an illegal conspiracy and subject to all the criminal prosecution, criminal penalties for drug
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transactions. in fact, someone would be better off just going to canada and engaging in the legal drug activity than making arrangements for the activity by discussing it in the united states. now unfortunately, the committee failed to adopt an amendment to exclude discussions of activity that may be illegal in the united states but would be legal every place that the transaction is to take place. if one believes we have an interest in covering these situations by law, we should talk about large scale trafficking. unfortunately, we didn't to that so even small transactions get caught up in this bill, transactions that are legal where they are occurring. when they get caught up by discussing transactions that are legal when where they take place, they're stoumingtcra donian mandatory minimum sentences. i note it is an unfortunate
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fact under criminal law and we rely too much on mandatory minimums this bill would subject more people to them. mandatory mip mum sentences have been extensively studied and the conclusions in all those studies show that the mandatory men mums are unjust they cause prison overcrowding and waste the taxpayers' money. the federal prison population is over 200,000 inmates, nearly a five-fold increw -- increase in a few decades and that explosion in population is due to a large extent to mandatory minimums. mandatory minimums don't account for the individual crime. they say if a mandatory minimum sentence is appropriate it can be imposed even without the mandatory minimum but if it doesn't make sense it has to be
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imposed anyway. several conservative leaders have expressed concern with this, including grover norquist, ward connolly, the national rifle association president david keane and justice fellowship president patrick nolan, all of whom called mandatory sentences into question. this bill is seemfully an effort to leave no stone unturned in prohibiting any drug transaction occurring any ware -- anywhere even if it doesn't impact the united states. there may be parts of the bill that are worthwhile. covers, of course, multimillion dollar international drug conspiracies but it also covers small transactions and to the extent that people will be stoument long mandatory minimums for.gov something that is legal, for talking about something that is legal, this bill just makes no sense and should be defeated. i reserve the balance of my time.
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the speaker pro tempore: mr. speaker, we're prepared to close and i reserve the balance of my time. -- >> mr. speaker, we're prepared to close and i reserve the balance of my time. the speaker pro tempore: the gentleman is recognized. mr. scott: i yield to the gentleman from california, mr. schiff. the speaker pro tempore: the gentleman is recognized. mr. schiff: i'm pleased to join with the chairman of the committee in supporting this bipartisan bill. chairman smith has been a leader on this issue and we worked together on it in a prior congress. this closes a loophole that has been exploited by drug traffickers. the case that bring this is home is the case the chairman mentioned in 1988 when two vims conspired with colombian drug cartels to traffic 2,000 kilos of campaign in europe. they met in miami to work out the detail os they have transaction. in 2005, following an extensive
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federal investigation, they were quicked of drug trafficking and conspiracy and sentenced to 24 years in prison each. however, in 2007, the 11th circuit court of appeals overturned these quicks. the court found the way congress had worded the conspiracy portion of the trolled substances act meant that the conspiracy had to involve trafficking drugs to or from the united states, a condition that was not satisfied in that case. the result of the court's finding is that in the united states, a drug trafficker can plan and coordinate the shipment of millions of dollars of drugs between our friends and allies yet be beyond the reach of our nation's laws. mr. speaker, i think this is clearly wrong and not the intent of congress in passing the controlled substances act. h.r. 313 would close that loophole. in doing so, it doesn't break new ground. many criminal laws currently on our books have extraterritorial reach including some portions of the controlled substances
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act itself. drug trafficking by its very nature is a global problem and the laws and treaties that fight it must take that into consideration. when we look at the damage that drug cartels have inflicted in countries lake colombia and mexico, not to mention the devastation their trade causes in the united states, the case for this bill becomes quite clear. the bill is fearly -- is crafted to apply to those who conspire to traffic markets and with the hep of the manager's amendment it was narrowed fourth address concerns that conspiracy charmings could apply to only those who sought to possess markets overseas. the bill will not open anyone to prosecution for simply discussing the possession of markets overseas, it deals only with commerce, not simply speech, the trafficking and distribution of drugs. once again, i want to thank chairman smith for all of your leadership on this important bill and i urge that we pass the measure and i yield back.
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the speaker pro tempore: for what purpose does the gentleman from virginia rise? mr. scott: i assume the gentleman is continuing to reserve. i yield such time to the gentleman from tennessee, mr. cohen. the speaker pro tempore: the gentleman is recognized. mr. cohen: thank you, mr. speaker. i want to thank mr. scott, the gentleman from virginia, for the time. i want to thank mr. smith, the chairman of the judiciary committee, for the way he runs his committee. he's an outstanding chairman and a gentleman. i appreciate the fact that in this bill, which mr. scott has given much of the argument i would have made about its failings that mr. smith did accept an amendment to take the possession charges out of it. so possession of drugs is not in it. that was an improvement. but nevertheless, one of the amendments that we did discuss in committee that still bothers me is that the activities could have been entirely legal in the country where they took place. amsterdam or holland, holland
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is the country i was thinking of, the netherlands, and we discussed it in committee, mr. scott mentioned medical marijuana being legal in can dal as well as -- also in israel, but a lot of drugs are legal and transactions in holland and if two americans talked on the phone about going to holland and buying some marijuana and maybe trading it to -- with somebody else in holland, where it would be legal, it would be violating the law in the united states based on this particular statute. that's what's called an overly broad law, when it captures conduct it isn't spended to do. i would think, i hope, that the people who voted for this didn't intend it to criminalize speech when the actions in the country where the act took place was legal. i hope they wouldn't have been thinking that. on the judiciary committee in particular, we should be very, very circumscribed in what we pass because we're taking people's liberty from them and
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liberty is one of the words inscribed up here, i think, on the front of the panel. it's one of the things america holds so dear. this thursdayering we'll be celebrating, or some of us will be celebrating in some way, observing, regardless, the 220th passage of the bill of rights. the bill of rights give people the freedom of speech and freedom from government oppression and government activities. to suggest that this is a loophole, i think, is a mistake. i think it was not intended by this congress to criminalize behavior, particularly behavior that was legal in the country where it took place. in the situation mr. smith describes where some people got together in miami to discuss drugs from colombia that were flown from venezuela to france and purchased in the -- in europe and elsewhere. i don't think they were in miami because it was a loophole.
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they were in miami because they liked miami. they just happened to be there. and i don't think anybody foresaw that as being illegal conduct. they could have discussed that in paris or in caracas or anywhere else. it didn't facilitate the crime per se and i don't think necessarily -- what they did was illegal in all those countries and they could have been prosecuted there. i would submit that this nation and this world almost came to its knees because of derivatives and financial instruments created here in the united states, created here, not just talked about in wall street but had a tpwhrobal effect because those derivatives affected banks in europe and all around the world and as we almost came to our knees because of the, of the criminal activities of people making lots of money with greed, other people around the world suffered as well economically. but we're not rushing heered to
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