November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15077 HOUSE OF REPRESENTATIVES—Tuesday, November 13, 2012

The House met at noon and was SEQUESTRATION IS TARGETING four Americans. It is imperative that called to order by the Speaker. OUR MILITARY we find out the truth about Benghazi, wherever it leads, whoever it affects. f (Mr. WILSON of South Carolina asked and was given permission to ad- f PRAYER dress the House for 1 minute and to re- THE OBAMA ADMINISTRATION The Chaplain, the Reverend Patrick vise and extend his remarks.) CONTINUES TO BLOCK INFORMA- J. Conroy, offered the following prayer: Mr. WILSON of South Carolina. Mr. TION Speaker, yesterday with Veterans Day, Loving and gracious God, we give (Mr. BURGESS asked and was given our country celebrated and remem- You thanks for giving us another day. permission to address the House for 1 bered the brave men and women who As the Members of the people’s House minute and to revise and extend his re- have served in our Armed Forces, dedi- regather after our biennial elections, marks.) may Your spirit of peace descend upon cating their lives to protecting our Mr. BURGESS. Mr. Speaker, on Sep- them. As the 112th Congress moves to- freedom and keeping American fami- tember 11 of this year, four Americans, ward a close, may all here attend to lies safe. Unfortunately, sequestration including our United States ambas- the business at hand, providing what is is targeting these honorable individ- sador, were killed in an attack at the needed for the benefit of our Nation. uals and our national security by being Benghazi consulate. May all Members, regardless of the implemented unless taxes are in- On September 25, I sent a letter to outcome of the election, trust that creased. Defense spending, according to President Obama regarding the numer- their future service, be it in the House The Hill newspaper, is 15.1 percent of ous inconsistencies voiced by people or not, will be imbued with Your grace. the budget but is subject to 50 percent within his administration and what May they be confident that Americans of the cuts. they were saying following the attack. of goodwill are grateful for their serv- Raising taxes during times of eco- I have not heard back. ice in the past and wish them well into nomic uncertainty limits the creation On November 1, I emailed the State the future. of new jobs. America’s small businesses Department, requesting they speak We ask Your blessing as well on should be encouraged to create jobs. with me, for more information. Our of- those newly elected who will be joining This will reduce the unsustainable def- fice emailed every business day and re- this assembly for the 113th Congress. icit. House Republicans were reelected ceived no response until November 7. May their transition into office be last week on the premise of not voting Then, in a scripted response, they re- smooth and marked by the civility of to raise taxes. I support the legislation fused my request to speak with me. No democratic change of government, of House Armed Services Committee one, not one person, is willing to talk which is the rightful pride of the Chairman BUCK MCKEON to stop se- about the details. United States of America. questration and promote peace through Since they wouldn’t talk to me in the And finally, we ask Your blessing on strength. privacy of my office, let me just ask America’s veterans. May our Nation be In conclusion, God bless our troops, them here in a public forum: Why did faithful to them, providing whatever and we will never forget September the our ambassador die, and how did our their needs may be after they gave 11th in the global war or terrorism. ambassador die? It’s been 2 months. years of their lives in service rather f You should know. Was it smoke inhala- than personal gain. They are an inspi- THE TRUTH ABOUT BENGHAZI tion, or was it some other cause? Was ration to us. We should not forget nor there physical evidence of torture on neglect our responsibility to them. (Mr. KUCINICH asked and was given the ambassador’s body as it was re- May all that is done this day be for permission to address the House for 1 turned? And why were the bodies re- Your greater honor and glory. minute.) turned to Andrews Air Force Base Amen. Mr. KUCINICH. We put together a bi- when protocol dictates they go to partisan congressional coalition to try Dover for the immediate investigation? f to stop the war in Libya. That four These questions need to be answered. THE JOURNAL Americans, including our ambassador, The State Department needs to be were killed confirmed our worst fears: forthcoming. The administration needs The SPEAKER. The Chair has exam- that American power was being used to to be forthcoming. ined the Journal of the last day’s pro- open the door for jihadists, creating I pray this Congress will exercise ceedings and announces to the House more instability in the region. that authority. his approval thereof. Congress still doesn’t know why our f Pursuant to clause 1, rule I, the Jour- people in Libya were left vulnerable. nal stands approved. We still don’t know why the U.S. mili- THE OUTPOURING OF VOLUN- TEERS IN REBUILDING NEW JER- f tary was not sent to their defense. It is of the highest importance that General SEY PLEDGE OF ALLEGIANCE Petraeus, who led the CIA at the time, (Mr. PALLONE asked and was given The SPEAKER. Will the gentleman be brought before Congress to testify permission to address the House for 1 from South Carolina (Mr. WILSON) as to what really happened in minute.) come forward and lead the House in the Benghazi, whether there was a security Mr. PALLONE. Mr. Speaker, I want- Pledge of Allegiance. lapse or whether the administration ed to point out to my colleagues that Mr. WILSON of South Carolina led temporized on security and stood down the damage in my district and through- the Pledge of Allegiance as follows: to mollify violent, disparate groups out my State in the aftermath of Hur- I pledge allegiance to the Flag of the which have nothing in common with ricane Sandy was nothing less than United States of America, and to the Repub- our Nation. catastrophic. But I really want to talk lic for which it stands, one nation under God, U.S. involvement in Libya is a dis- about the rebuilding effort today and indivisible, with liberty and justice for all. aster, compounded by the deaths of what we need to do over the long term.

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

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15078 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 The amount of outpouring, if you b 1410 Accordingly (at 2 o’clock and 12 min- will, from volunteers, from just regular EU EMISSIONS TRADING SCHEME utes p.m.), the House stood in recess. people in the district, was just over- PROHIBITION f whelming. I want to thank FEMA. I want to thank the Red Cross, the Sal- (Mrs. BLACKBURN asked and was b 1702 given permission to address the House vation Army, and all the different AFTER RECESS for 1 minute and to revise and extend groups that are out there and continue The recess having expired, the House to be out there today helping with this her remarks.) Mrs. BLACKBURN. Mr. Speaker, a was called to order by the Speaker pro effort. The outpouring of volunteers little bit later today the House is going tempore (Mr. WOMACK) at 5 o’clock and from our own district and from New to vote on the European Union Emis- 2 minutes p.m. Jersey was just incredible. sions Trading Scheme Prohibition Act. f Just a few days ago, I remember This is a bill that is very important to going to Union Beach, which was one of our civilian and civil aviation opera- ANNOUNCEMENT BY THE SPEAKER the towns that was hardest hit, and tors. It would block them from partici- PRO TEMPORE seeing so many people bring in food pating in the European Union’s emis- The SPEAKER pro tempore. Pursu- and clothing and cleaning supplies. One sion trading scheme. ant to clause 8 of rule XX, the Chair guy who owns a pizza place brought in Now the reason this is important is will postpone further proceedings a pizza oven and was making pizzas, because of this: according to today on motions to suspend the rules and another guy brought in a TV so Bloomberg news, the inclusion of the on which a recorded vote or the yeas people could watch TV at the center airline industry in the EU’s 2005 cap- and nays are ordered, or on which the where people come to sign up for and-trade program will cost U.S. air- vote incurs objection under clause 6 of FEMA. It was just amazing. It showed line companies between—get this—$10.1 rule XX. the spirit, if you will, of the people billion and $39.4 billion from 2012 to Record votes on postponed questions that they were willing to do that. 2020. Now who do you think is going to will be taken later. Thank you all again. Obviously, pay that cost? Consumers are going to f we’re going to work on rebuilding, pay it. which is certainly the next step here in The House has already decided we EUROPEAN UNION EMISSIONS Congress and elsewhere. don’t want a cap-and-trade system. We TRADING SCHEME PROHIBITION voted against that domestically, so ACT OF 2011 f why would we want our airline indus- Mr. MICA. Mr. Speaker, I move to try to have to participate in this on an suspend the rules and pass the bill (S. international basis? MIT economists BETTER LATE THAN NEVER 1956) to prohibit operators of civil air- have looked at it and said the new rule craft of the United States from partici- (Mr. DREIER asked and was given will increase costs on passengers flying pating in the European Union’s emis- permission to address the House for 1 to Europe, all to subsidize their cap- sions trading scheme, and for other minute and to revise and extend his re- and-trade systems. purposes. marks.) With rising fuel costs and a down The Clerk read the title of the bill. economy, we simply cannot afford this. Mr. DREIER. Mr. Speaker, this being The text of the bill is as follows: So for these reasons, I urge my col- the first day that we’ve convened since S. 1956 leagues to protect American sov- the election, I want to begin by ex- Be it enacted by the Senate and House of Rep- ereignty to support our domestic avia- pressing my appreciation to our chap- resentatives of the United States of America in tion industry and vote in favor of H.R. lain, Father Conroy, for his very in- Congress assembled, 1956. spiring and thoughtful prayer. SECTION 1. SHORT TITLE. f Mr. Speaker, we are here this week This Act may be cited as the ‘‘European COMMUNICATION FROM THE Union Emissions Trading Scheme Prohibi- to deal with a very important issue. tion Act of 2011’’. DEMOCRATIC LEADER And I will say that we were all taught SEC. 2. PROHIBITION ON PARTICIPATION IN THE as kids, better late than never. We’re The SPEAKER pro tempore (Mr. EUROPEAN UNION’S EMISSIONS here because U.S. workers at this point WOMACK) laid before the House the fol- TRADING SCHEME. don’t have access to 140 million poten- lowing communication from the Honor- (a) IN GENERAL.—The Secretary of Trans- tial consumers for their goods and able NANCY PELOSI, Democratic Leader: portation shall prohibit an operator of a civil aircraft of the United States from partici- services. I’m talking about the vote HOUSE OF REPRESENTATIVES, that we’re going to have on so-called pating in the emissions trading scheme uni- Washington, DC, November 13, 2012. laterally established by the European Union ‘‘Russia Permanent Normal Trade Re- Hon. JOHN BOEHNER, in EU Directive 2003/87/EC of October 13, 2003, lations.’’ Speaker of the House, as amended, in any case in which the Sec- U.S. Capitol, Washington, DC. retary determines the prohibition to be, and Mr. Speaker, Vladimir Putin is not a DEAR SPEAKER BOEHNER: Pursuant to sec- in a manner that is, in the public interest, good guy. Vladimir Putin has inflicted tion 1238(b)(3) of the Floyd D. Spence Na- taking into account— horrendous human rights policies on tional Defense Authorization Act of Fiscal (1) the impacts on U.S. consumers, U.S. Year 2001 (22 U.S.C. 7002), amended by the Di- the people of Russia. We have seen carriers, and U.S. operators; vision P of the Consolidated Appropriations crony capitalism take hold. And that’s (2) the impacts on the economic, energy, Resolution, 2003 (22 U.S.C. 6901), I am pleased why it’s very important, Mr. Speaker, and environmental security of the United to reappoint Mr. Michael Wessel of Falls that the United States of America be States; and Church, VA, to the United States-China Eco- (3) the impacts on U.S. foreign relations, at the table as part of the WTO’s effort nomic and Security Review Commission. to force Russia to live with the rules- Thank you for your attention to this ap- including existing international commit- based trading system. pointment. ments. Sincerely, (b) PUBLIC HEARING.—After determining Last year we exported $11 billion in that a prohibition under this section may be goods and services to Russia. If we can NANCY PELOSI, House Democratic Leader. in the public interest, the Secretary must pass PNTR, we will double that to $22 hold a public hearing at least 30 days before billion by 2017. f imposing any prohibition. Mr. Speaker, it’s a very important RECESS (c) REASSESSMENT OF DETERMINATION OF PUBLIC INTEREST.—The Secretary— vote. We need to make sure that it’s The SPEAKER pro tempore. Pursu- (1) may reassess a determination under successful this week, and I’m gratified ant to clause 12(a) of rule I, the Chair subsection (a) that a prohibition under that that it’s going to be done in a bipar- declares the House in recess until ap- subsection is in the public interest at any tisan way. proximately 5 p.m. today. time after making such a determination; and

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15079 (2) shall reassess such a determination The bill that I propose today is S. That’s the international civil aviation after— 1956, which replaces the bill that was group that sets some of the policies (A) any amendment by the European Union passed a year ago in October of 2011, and the standards for international and to the EU Directive referred to in subsection and that’s H.R. 2594. That’s legislation national aviation around the world. In (a); or (B) the adoption of any international which I authored which basically does fact, in October, a year ago, before we agreement pursuant to section 3(1). the same thing, again, giving the au- introduced this legislation, we con- (C) enactment of a public law or issuance thority to prohibit the United States vinced I believe it was some 27 or 28 of of a final rule after formal agency rule- aircraft and operators of commercial the 35 of their governing body to vote making, in the United State to address air- aviation from participating in the Eu- in favor of a position we held, which craft emissions. ropean Union’s emissions trading other nations also held. And I think SEC. 3. NEGOTIATIONS. scheme. only a small minority of some of the (a) IN GENERAL.—The Secretary of Trans- Let me take just a minute and ex- European Union core nations, in fact, portation, the Administrator of the Federal plain what this is. Several years ago, prevailed in that vote. So we succeeded Aviation Administration, and other appro- the European Union and some of the priate officials of the United States Govern- in garnering international support be- ment— folks that are honestly concerned cause this isn’t a tax that affects only (1) should, as appropriate, use their author- about emissions that come from avia- the United States, but it affects coun- ity to conduct international negotiations, tion, commercial aviation in par- tries around the world. So we had including using their authority to conduct ticular, decided to come up with a many international partners who said international negotiations to pursue a world- scheme or a plan to impose a tax on all this is unfair, it’s not properly crafted, wide approach to address aircraft emissions, aircraft. Now, if this had been done and it lacked transparency and defini- including the environmental impact of air- within the confines of the European tion. craft emissions; and Union, I don’t think we would be stand- (2) shall, as appropriate and except as pro- b 1710 ing here. But what they did is really go vided in subsection (b), take other actions In fact, when we sat with the Euro- under existing authorities that are in the beyond the borders of the European public interest necessary to hold operators of Union and say that any aircraft enter- pean Union counterparts, parliamen- civil aircraft of the United States harmless ing the European Union from another tarian to parliamentarian, they could from the emissions trading scheme referred nation will be subject to an emissions not define exactly what they were to under section 2. tax—and not when it reached the bor- doing or how they were going to im- (b) EXCLUSION OF PAYMENT OF TAXES AND ders of the European Union or their pose this. And I think they’re still at a PENALTIES.—Actions taken under subsection states, but from where it departed. loss because they don’t have it com- (a)(2) may not include the obligation or ex- pletely settled. penditure of any amounts in the Airport and So this would be, first of all, counter Airway Trust Fund established under section to international agreements. It is also So there is some good news on the 9905 of the Internal Revenue Code of 1986, or a tax that they propose to impose on us horizon. Yesterday, the EU announced amounts otherwise made available to the De- that is unfair in every way, violates the postponement of imposing the partment of Transportation or any other national agreements that we’ve had, Emissions Trading Scheme to inter- Federal agency pursuant to appropriations and it unilaterally imposes this emis- national flights until 2014. Now, that’s Acts, for the payment of any tax or penalty sions trading scheme on all of the a temporary delay of imposition. They imposed on an operator of civil aircraft of countries, including the United States. have said that they’d leave some of the the United States pursuant to the emissions decision up to ICAO, but ICAO does not trading scheme referred to under section 2. It would have a very damaging effect, set policy for the United States of SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE first of all, because it does not do what UNITED STATES. it was set up for. The purpose of this America. In this Act, the term ‘‘civil aircraft of the was to try to limit or even compensate We are a sovereign Nation, and we United States’’ has the meaning given the for emissions; and the scheme, as pro- must, again, I think, defend the posi- term under section 40102(a) of title 49, United posed, did neither. tion, our position, our sovereignty and States Code. First of all, it would impose a tax on concurrence with international trade The SPEAKER pro tempore. Pursu- the airlines, which would be passed on agreements that have previously been ant to the rule, the gentleman from to consumers, so we would have higher agreed on. We’ve got to hold people’s Florida (Mr. MICA) and the gentleman aviation taxes. Secondly, when they feet to the fire and respect also U.S. from West Virginia (Mr. RAHALL) each collected the money, the plan was sovereignty. will control 20 minutes. flawed in that the money was not in So that’s how we have gotten our- The Chair recognizes the gentleman fact directed to compensate for emis- selves into this fix. We have a tem- from Florida. sions. It was basically a money-and-tax porary delay; maybe that’s because of GENERAL LEAVE grab by European powers and not real- this legislation that’s up today. But we Mr. MICA. First of all, Mr. Speaker, ly accomplishing it. So they put a nice must move forward, I think, in giving I ask unanimous consent that all Mem- title on it and imposed a tax—again, the Secretary of Transportation and bers may have 5 legislative days in unfair—against and in total violation our officials the ability to thwart this which to revise and extend their re- of international law and U.S. sov- kind of unfair tax imposed on our car- marks and include extraneous mate- ereignty. riers, and that’s exactly what this leg- rials on S. 1956. So we have tried to work with the islation does. The SPEAKER pro tempore. Is there European Union. As the chair of the We’re not doing it by ourselves. We objection to the request of the gen- Transportation Committee, we led a have dozens of other countries that ex- tleman from Florida? meeting here in Washington with EU pressed their opposition. So we join our There was no objection. officials and sat down one floor below colleagues, both Democrat and Repub- Mr. MICA. Mr. Speaker, I yield my- where I’m standing in March of 2011 lican, in the committee in bringing for- self such time as I may consume. and tried to resolve the differences. We ward this bill. It is modeled after what Thank you so much, Mr. Speaker and actually led a delegation and went to the House passed in October of 2011. my colleagues, and welcome back. The Brussels, the headquarters of the Euro- And by passing this bipartisan, bi- Congress is back in session today, and pean Union; met in Brussels in June cameral legislation that the Senate has I guess all people’s property and wel- and July of 2011 and further discussed now passed, we are notifying the Euro- fare and everything else is now at risk. trying to come to some agreement to pean Union that we are not going to But I’m pleased to be here to help less- resolve differences on this matter. support the scheme and that, in fact, en some of that risk that is a threat And then we took our case, as Mem- we want a positive outcome. which has been offered to the United bers of the United States Congress, to We want a long-term solution, but we States in the form of a European Union the International Civil Aviation Orga- will not allow the United States to be emissions trading scheme. nization, which is located in Montreal. held hostage. The European Union or

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15080 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 any other nation or group of nations The bill also encourages the govern- try that would otherwise be invested in cannot hold us hostage on these tax ment to continue negotiating with the NextGen technologies and the purchase and international flight issues. EU on a resolution, and it prohibits use of new aircraft, two proven methods for So we’ll work with ICAO, and we’ll of the Airport and Aviation Trust improving environmental performance continue to work with the European Fund, or any appropriated funds, to and reducing emissions. Union and others. And in the mean- pay penalties to EU countries on behalf Airlines for America, an air trans- time, I ask my colleagues to support of airlines. port trade association, testified before Senate bill 1956. It ensures that American taxpayers our Aviation Subcommittee last year I reserve the balance of my time. will not end up paying the bill for a that the extraction of capital from the Mr. RAHALL. Mr. Speaker, I yield counterproductive emissions scheme aviation system, as envisioned under myself such time as I may consume. that causes more problems than it the EU Emissions Trading Scheme, I rise in support of S. 1956, a bill to solves. I urge my colleagues to support could threaten over 78,000 American protect America’s airline workers, pas- this legislation. jobs. This is unacceptable. sengers, and airlines from an Emissions I reserve the balance of my time. But despite serious legal issues and Trading Scheme by the European Mr. MICA. Mr. Speaker, I’m pleased objections by the international com- Union that flies in the face of the to yield 6 minutes at this point to the munity, the European Union is press- ing ahead with its plans. In September international community. gentleman from Wisconsin (Mr. PETRI), In my view, the EU’s proposed Emis- who chairs the Aviation Subcommittee 2011, 21 countries, including the United sions Trading Scheme is inconsistent in the House. States, signed a joint declaration with international aviation law and Mr. PETRI. I thank my chairman. against the EU Emissions Trading practice. Additionally, airlines and I rise in support of the bill before us, Scheme in New Delhi, India. In the last year, there have been sev- labor groups oppose it because it will Senate bill 1956, the European Union eral other multinational meetings of impose new and unjustified costs on Emissions Trading Scheme Prohibition countries who oppose the scheme, in- the industry and destroy American Act of 2011. cluding meetings that took place in In January 2012, the European Union jobs. Rather than solving a serious Russia and in the United States. global problem, the Emissions Trading began to unilaterally apply its Emis- The bill before us directs the Sec- Scheme has created an international sions Trading Scheme to all civil avia- retary of Transportation to prohibit distraction. tion operators landing in or departing U.S. aircraft operators from partici- Along with 35 Democratic and Repub- from one of the EU Member States. pating in this illegal scheme. The bill lican colleagues, I was pleased to co- Just yesterday, the EU announced it also directs appropriate U.S. govern- sponsor a similar bill last year. As I was going to postpone the application ment officials to negotiate a worldwide said when the House passed the bill, re- of the Emissions Trading Scheme on approach to address aircraft emissions, ducing the aviation emissions is a goal international operators until 2014. and to take appropriate actions to hold worth pursuing. I do not think anyone Prior to that announcement, EU Mem- U.S. civil operators harmless from the disagrees on that. ber States would have required inter- EU’s Emissions Trading Scheme. But the EU’s Emissions Trading national air carriers and operators to Scheme, when applied to U.S. airlines, pay for emission allowances and, in b 1720 is the wrong way to achieve the right some cases, penalties for carbon emis- The EU needs to slow down and care- objective. It goes against international sions starting in April of next year. fully weigh its decision to include law and agreements, and it brings the While this postponement is a good international civil aviation in its emis- hand of European regulators into our first step, it is not a total withdrawal sions trading scheme. A better ap- own airspace. The EU’s go-it-alone ap- of this illegal scheme, and therefore, proach would be to work with the proach is not the way to find a global we must press ahead with this bipar- international civil aviation community solution to a global problem. tisan legislation to ensure U.S. opera- through the U.N. International Civil A large part of the international tors and consumers are protected. Aviation Organization to establish con- community rejects the EU’s approach. The EU Emissions Trading Scheme is sensus-driven initiatives to reduce The United States has joined more legally questionable in a number of aviation emissions. than 20 other countries in signing two ways. First, it applies to the entire I am pleased to see movement on the declarations pointing out the many length of the flight, including those part of the EU to work with the inter- fatal flaws in the Emissions Trading parts of the flight outside the EU’s air- national community at ICAO to seek a Scheme, and calling on EU members to space. For instance, if a flight leaves global approach to civil aviation emis- rejoin ongoing work within the Inter- Los Angeles to London, taxes would be sions. While the postponement for a national Civil Aviation Organization. levied not just for the portion of the year is a positive sign, it is not enough European leaders appear to be get- flight over the United Kingdom, but to ensure U.S. operators will not be ting the message. Just yesterday, EU also for the portions of the flight over negatively impacted by the trading scheme at some point in the future. officials announced a one-year suspen- the United States, Canada, and inter- Therefore, we are moving forward with sion of ETS application to inter- national waters. this bipartisan bill to ensure U.S. oper- national flights as long as a global deal The European Union’s unilateral ap- ators will not ever be subjected to the is reached. But Congress must enact plication of their emissions scheme to illegal European scheme. this bill regardless, to send a strong U.S. aviation operators without the I urge my colleagues to support this message to the EU that whether the consent of the United States Govern- bipartisan, bicameral legislation. International Aviation Organization is ment raises significant legal concerns Mr. RAHALL. Mr. Speaker, I am able to act on the EU’s timetable or under international law, including vio- pleased to yield 5 minutes to the dis- not, the EU’s unilateral scheme is not lations of the Chicago Convention and tinguished ranking member on the En- the proper way to solve a global prob- the U.S.-EU Air Transport Agreement. ergy and Commerce Committee, the lem. There are also concerns that the gentleman from California (Mr. WAX- This bill will protect U.S. airlines Emissions Trading Scheme is nothing MAN). and all those who rely on them for more than a revenue raiser for the EU Mr. WAXMAN. Thank you very much travel and employment from the unjust Member States, as there is no require- for yielding to me. effects of the Emissions Trading ment that EU Member States must use Mr. Speaker, I rise in opposition to Scheme. This bill directs the Secretary the funds for anything related to the the Thune bill. of Transportation to prohibit U.S. air- reduction of emissions by the civil A warmer planet has less ice, higher lines from participating in the Emis- aviation sector. sea levels, more water in the atmos- sions Trading Scheme if the Secretary The EU Emissions Trading Scheme phere, more powerful storms, more fre- finds that it is in the public interest. will take money from the airline indus- quent floods, dryer droughts, and worse

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15081 wildfires. Two weeks ago, Hurricane quirements. If we bar the airlines from Then we went to Brussels. We sat and Sandy brought a powerful and tragic complying, they will incur steep pen- talked to them. Then we went to Mon- reminder that the combination of sea alties estimated at over $20 billion by treal with the ICAO, the International level rise and more powerful storms 2020. The Thune bill then says the gov- Civil Aviation Organization, which can be deadly, devastating and ex- ernment is going to have to hold the helped settle some of these matters and tremely costly. Hurricane Sandy was airlines harmless from this cost. That set the standards. When we left, they only the latest and most dramatic in a means that taxpayers may be on the voted 26–36 to agree with the United series of extreme weather events. Over hook for over $20 billion, although the States. So, in the international body, the past 2 years, we’ve had record- bill also limits the use of appropriated they were defeated. breaking temperatures, the worst funds. Or the hold harmless provision This does impose a penalty and a tax drought in 50 years, major floods, nu- would force the Secretary to use exist- on the United States. It’s unfair. If it’s merous tornadoes and thunderstorms, ing authority to require European air- within the European Union, that may and vast wildfires. lines to pay the fees to compensate the be within their discretion to do it, but This is what global warming looks U.S. airlines. not from the point of departure in the like, and if we continue to ignore it, it Rather than doing something con- United States into the European Union will soon look far worse. We should be structive about global warming, we are or, for that matter, from any sovereign doing all that we can to reduce carbon going to ignite a trade war with the nation. The money doesn’t go to clean pollution and slow global warming, but Europeans. We ought to be working it up. I know Mr. WAXMAN loves the en- the Thune bill, instead, tries to stop ef- with them in an international context vironment—so do I—but this money forts to reduce carbon pollution. to do something rather than punish doesn’t go for that purpose. It can be Specifically, the bill targets the Eu- them if they punish us and have the used for anything. It’s not for engine ropean Union’s requirement that air- taxpayers pay the bill because the Eu- technology; it’s not for the restoration lines modestly reduce their carbon pol- ropeans have waited 10 years for an of the environment; and it doesn’t stop lution. Aviation is a significant and international agreement and nothing emissions. fast-growing source of carbon pollu- has happened. So this bill does represent a bipar- tion, and talks on an international The SPEAKER pro tempore. The tisan, bicameral compromise, but it agreement to control this pollution time of the gentleman has expired. gives us the authority to hold their have languished for over a decade. So, Mr. RAHALL. I yield the gentleman feet to the fire and get a solution. since nothing was happening for 10 an additional 30 seconds. I reserve the balance of my time. years, the European Union acted to re- Mr. WAXMAN. Even if you oppose b 1730 quire, for the price of only a few dollars the EU aviation requirements, the a ticket—just a small fraction of the Thune bill makes no sense. It’s unnec- Mr. RAHALL. Mr. Speaker, the gen- fee that the airlines impose on con- essary and it’s counterproductive, as tleman I’m going to yield to now may sumers just to pay for their bags going the European Union just agreed to be departing the Congress after this on the same airplane—that the amount delay the requirements targeted by the session; but we will still value his pro- of money be imposed unless the air- bill. It also risks taxpayer dollars, fessionalism, his expertise, and cer- lines can reduce the contribution to threatens to provoke an international tainly his friendship for the very near global warming. trade war, and jeopardizes U.S. na- and distant future. These environmental requirements tional security. I’m happy to yield 5 minutes to the are no more a violation of national sov- I urge my colleagues to oppose this gentleman from Illinois (Mr. COS- ereignty than the aviation safety and unnecessary and misguided bill. TELLO), the once chairman and now security requirements imposed over- Mr. MICA. Mr. Speaker, might I just ranking member of our Aviation Sub- seas by the United States or the taxes inquire as to how much time remains committee on Transportation. on aviation imposed by other nations. on both sides? Mr. COSTELLO. I thank the ranking Everyone, including the European The SPEAKER pro tempore. The gen- member for yielding, and I thank him Union, agrees it would be better to ad- tleman has 61⁄2 minutes remaining. for his kind words and his friendship, dress this issue on aviation from a There are 111⁄2 minutes remaining on as well. global basis rather than through re- the other side. Mr. Speaker, I rise in support of S. gional requirements. Mr. MICA. I yield myself 2 minutes. 1956, a bill that will protect U.S. air- Last week, international negotia- Mr. Speaker, I have the greatest re- lines, their employees, and passengers tions made progress on developing such spect for Mr. WAXMAN and his leader- from an overreaching law of the Euro- an alternative to the EU requirements. ship on many issues. Some of them we pean Union that unfairly charges U.S. In response, the European Union an- agree on—we’re both art lovers and we airlines for emissions in U.S. airspace nounced yesterday that it would delay both have great wives—but I have to on flights between the United States the enforcement of the aviation re- disagree with him on a couple of and Europe. The Obama administration quirements for a year in order to cre- points. First, I’d have to disagree with has taken a strong stance against the ate a positive atmosphere and facili- him on some of the climate statements EU’s emission trading scheme on the tate progress on global alternatives. that he made. I could spend the rest of grounds it is inconsistent with inter- That makes the Thune bill unneces- the time debating that, but that’s not national aviation law and practice. Ad- sary. The airlines now do not have to what is before us. ditionally, airlines and labor groups comply with the EU requirements for What is before us is legislation that also oppose it because it will impose an at least a year and a half. The Thune actually gives the administration and unjustified cost on the industry and de- bill is counterproductive. It would re- the Secretary of Transportation the stroy American jobs. spond to the European Union’s conces- authority and also the discretion to I’m pleased to note that just yester- sion by enacting a retaliatory measure, work on this issue. If you don’t have day, as you heard already, the Euro- which will undermine rather than ad- the backing of Congress, how can he pean leaders said that they would sus- vance progress towards an agreement. negotiate? He wouldn’t have the au- pend application of the ETS to inter- There are other serious problems thority or the discretion to impose national flights for a year, pending a with this bill. The bill directs the Sec- some difference with the European global agreement on international retary of Transportation, if he finds it Union. You can’t fold the United emissions at the U.N. International in the public interest, to bar U.S. air- States’ tent here. Civil Aviation Organization, but that lines from complying with the EU re- The other point that was made by announcement in no way weakens the quirement to control carbon pollution. Mr. WAXMAN was that we aren’t work- case for passing this bill. We must send It also directs the Secretary to hold ing with them. Well, we hosted them a strong message to the EU that, re- the U.S. airlines harmless from the re- right here. We sat and talked to them. gardless of whether ICAO delivers on a

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15082 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 deal on the EU’s timetable, the U.S. American Society of Travel Agents, effort, and I think this is a reasonable Government opposes the EU’s unilat- the Transportation Trades Depart- bipartisan, bicameral solution that will eral local solution to a global problem. ment, the AFL–CIO, the U.S. Chamber accomplish the goal we set out. This bill is similar to the bill that of Commerce, the U.S. Travel Associa- Again, I ask my colleagues to vote in passed the House last year, a bill that tion, and the Independent Pilots Asso- support of S. 1956, and I’m pleased to I was pleased to cosponsor, along with ciation, among many other groups that yield back the balance of my time. Chairman MICA, Ranking Member have sent a ‘‘dear colleague’’ to all of The SPEAKER pro tempore (Mr. RAHALL, Chairman PETRI, and 32 other us. WHITFIELD). The question is on the mo- Democratic and Republican Members. To reiterate what I said in my open- tion offered by the gentleman from Similar to the House bill, this bill calls ing comments, the European Union’s Florida (Mr. MICA) that the House sus- upon the Department of Transpor- ETS will do nothing to decrease avia- pend the rules and pass the bill, S. 1956. tation to prohibit U.S. airlines from tion emissions. The solution to de- The question was taken; and (two- participating in the emissions trading creasing aviation emissions lies in an thirds being in the affirmative) the scheme. This bill further protects our international agreement currently pro- rules were suspended and the bill was national interest by ensuring that both gressing through the International passed. airlines and U.S. taxpayers are held Civil Aviation Organization that is A motion to reconsider was laid on the table. harmless from the emissions trading slated for consideration October 2013 at scheme. that body’s triennial assembly. f I congratulate my friends Senator With that, I urge my colleagues to STREAMLINING CLAIMS PROC- THUNE and Senator MCCASKILL for hav- support the pending legislation and ESSING FOR FEDERAL CON- ing championed this legislation in the commend Chairman MICA and Sub- TRACTOR EMPLOYEES ACT other body. This bill sends a strong committee Chairman PETRI and our Mr. WALBERG. Mr. Speaker, I move message from Congress that we do not Ranking Member COSTELLO for all of to suspend the rules and pass the bill support what the EU is doing for a va- the hard work that they have put into (H.R. 6371) to amend title 40, United riety of reasons. this legislation, and I yield back the States Code, to transfer certain func- As I noted last year in our Aviation balance of my time. tions from the General Accountability Subcommittee hearing on the emis- Mr. MICA. I yield myself the balance Office to the Department of Labor re- sions trading scheme, and again on the of my time. lating to the processing of claims for House floor when the House passed its Mr. Speaker, again I’d urge my col- the payment of workers who were not own bill, climate change is a global leagues to pass S. 1956. paid appropriate wages under certain problem that requires a global solu- This does represent an honest effort provisions of such title. tion. Working through ICAO, the to find a solution to deal with global The Clerk read the title of the bill. United States is committed to finding emissions. They are a problem. We The text of the bill is as follows: a global solution to address aviation have tried to work with our European H.R. 6371 emissions based on consensus. I’m opti- Union counterparts. Again, we’ve had Be it enacted by the Senate and House of Rep- mistic that the global agreement can, meetings nonstop. When some of this resentatives of the United States of America in in fact, be reached. issue began, we went there and talked. Congress assembled, More than 20 other international We took it to the international body of SECTION 1. SHORT TITLE. partners have joined the United States ICAO. They voted 26–36 to side with the This Act may be cited as the ‘‘Stream- in producing strong declarations call- United States’ position; but sometimes lining Claims Processing for Federal Con- ing on the EU to come back to the in this business, you have to bring tractor Employees Act’’. things to a head. SEC. 2. TRANSFER OF ADMINISTRATIVE AUTHOR- table and to work on an international ITY TO THE DEPARTMENT OF plan. We passed this legislation a year ago LABOR. At the same time, we must recognize with bipartisan support—Mr. COS- (a) AUTHORITY OF COMPTROLLER GENERAL that our own government and airlines TELLO, Mr. RAHALL, our side of the TO PAY WAGES AND LIST CONTRACTORS VIO- are doing the right thing to reduce aisle. It was a little bit tougher meas- LATING CONTRACTS.—Section 3144 of title 40, harmful carbon emissions. The FAA ure than what has come from the Sen- United States Code, is amended— and the airline industry are investing ate. The Senate did give discretion to (1) in the section heading, by striking ‘‘of the DOT Secretary and the administra- Comptroller General’’; and billions of dollars in the NextGen air (2) in subsection (a)(1), by striking ‘‘Comp- traffic upgrades, and the FAA plans to tion so that they had both the author- troller General’’ and inserting ‘‘Secretary of reduce emissions by 2 percent through ity and also the discretion to act. Labor’’. these improvements. Further, U.S. air- I don’t think yesterday that the Eu- (b) REPORT OF VIOLATIONS AND WITH- lines improved fuel efficiency by ap- ropean Union would have deferred to HOLDING OF AMOUNTS FOR UNPAID CONTRACTS proximately 110 percent since 1978. ICAO for a year if we hadn’t pressed AND LIQUIDATED DAMAGES.—Section 3703(b)(3) From 2000 to 2009, U.S. carriers reduced this; but we do need to bring folks to- of title 40, United States Code, is amended by gether of goodwill, find a solution, striking ‘‘Comptroller General’’ both places fuel burn and carbon emissions by 15 it appears and inserting ‘‘Secretary of percent while carrying 7 percent more something that is fair. And if we do Labor’’. want to clean up the environment and passengers. NextGen will help aircraft The SPEAKER pro tempore. Pursu- we want to have people pay a penalty operators save money and, in fact, save ant to the rule, the gentleman from more than 1.4 billion gallons of fuel, for polluting, then we should ensure Michigan (Mr. WALBERG) and the gen- cutting the carbon emissions by nearly that that money goes back into clean- tleman from Virginia (Mr. SCOTT) each ing up the pollution or at least devel- 14 million tons by 2018. will control 20 minutes. Mr. Speaker, I’m pleased to support oping the technology or offsetting the The Chair recognizes the gentleman this legislation. I urge my colleagues damage that’s being done. The current from Michigan. to support it. scheme—and it is a scheme, which I Mr. MICA. Mr. Speaker, we don’t have a definition of ‘‘scheme’’ here. A b 1740 have any further speakers on our side, scheme is a systematic plan of action, GENERAL LEAVE and I reserve the balance of my time to a secret, or devious plan, a plot. That’s Mr. WALBERG. Mr. Speaker, I ask close. not what we need to do here. We do unanimous consent that all Members Mr. RAHALL. Mr. Speaker, I yield need to work together, find a solution may have 5 legislative days in which to myself the balance of my time. that’s fair for sovereign nations and revise and extend their remarks on In conclusion, let me again reiterate also accomplishes the laudable goal H.R. 6371. the support that this legislation has that we all set out to do. The SPEAKER pro tempore. Is there from the Air Line Pilots Association, I’m glad I helped force the issue. I ap- objection to the request of the gen- the Airports Council International, the preciate my colleagues joining in this tleman from Michigan?

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15083 There was no objection. I have had the opportunity over the Now I recognized that everyone does Mr. WALBERG. Mr. Speaker, I yield last 2 years to work closely with Rep- not agree with the underlying prin- myself such time as I may consume. resentative WOOLSEY on the Sub- ciples of the Davis-Bacon Act. How- The bill before us will take a small committee on Workforce Protections ever, regardless of one’s position on the yet important step toward greater effi- and witness firsthand her passion for underlying law, we can all agree that ciency in Federal construction con- public service. While we may differ on the law ought to be administered as ef- tracting. For more than 80 years, Fed- a range of issues, no one can question ficiently as possible. That’s why I rise eral contractors have been required to her strong commitment to working in support of H.R. 6371, and thank the pay workers the locally prevailing families. I wish Representative WOOL- gentleman from Michigan for intro- wage. Additionally, since 1961, those SEY and her family all the best in the ducing the bill. same workers have been entitled to one years ahead, and may they be long and Mr. Speaker, I yield back the balance and a half times their basic rate of pay filled with good health. of my time. for every hour worked that exceeds 40 I reserve the balance of my time. Mr. WALBERG. Mr. Speaker, I yield hours per week. Mr. SCOTT of Virginia. I yield myself myself the balance of my time. While the Department of Labor is ob- such time as I may consume. The American people expect us to do ligated to enforce these laws, the Gov- First, Mr. Speaker, I would like to all we can to promote better efficiency ernment Accountability Office has long associate myself with the kind remarks within the Federal Government. Wash- been responsible for processing claims about the gentlelady from California. ington allocates hundreds of billions of of workers being denied their appro- She has had an excellent career in Con- dollars each year on construction priate wages. If a Labor Department gress, and has elected not to return. We projects, affecting the lives of workers investigation determines a contractor will certainly miss her and her advo- and employers across the country. We has not been paid the appropriate cacy for those most in need. should never allow unnecessary bu- wage, the names of affected employees Mr. Speaker, I rise in support of the reaucracy to squander taxpayer re- are sent to the GAO by the department. pending legislation. H.R. 6371, the sources or stand between workers and The GAO then ensures underpaid work- Streamlining Claims Processing for the wages they have earned. I urge my ers receive the compensation they are Federal Contractor Employees Act, colleagues to support H.R. 6371, the due. The GAO’s responsibility in this will transfer certain responsibilities Streamlining Claims Processing for process is purely administrative. The for overseeing and administering the Federal Contractor Employees Act. GAO makes no determination on the Davis-Bacon Act from the Government I yield back the balance of my time. merit of each claim nor does it have Accountability Office to the Depart- The SPEAKER pro tempore. The the authority to question the judgment ment of Labor. question is on the motion offered by of the Labor Department. In fact, the Mr. Speaker, I agree with the gen- the gentleman from Michigan (Mr. GAO doesn’t even directly deliver to tleman from Michigan that this is a WALBERG) that the House suspend the workers their lost wages. Instead, that sensible and technical fix since the De- rules and pass the bill, H.R. 6371. responsibility is vested with the De- partment of Labor is responsible for The question was taken. partment of Treasury. many aspects of enforcing prevailing The SPEAKER pro tempore. In the While claims processing was once wage law. This change will allow for opinion of the Chair, two-thirds being routine business for the GAO, this au- greater efficiency in the Davis-Bacon in the affirmative, the ayes have it. thority has increasingly transitioned prevailing wage protections and will Mr. WALBERG. Mr. Speaker, on that to the executive agencies charged with help ensure that workers receive un- I demand the yeas and nays. enforcing the law, such as the Depart- The yeas and nays were ordered. ment of Defense involving matters of paid wages as quickly as possible. The gentleman from Michigan has The SPEAKER pro tempore. Pursu- military pay. Additionally, personnel pointed out that we should always pro- ant to clause 8 of rule XX, further pro- changes within the GAO are making it mote streamlined and efficient govern- ceedings on this question will be post- more difficult for the agency to meet poned. this responsibility. Key staff members ment. That’s why I’m particularly dis- f have retired and more are expected to appointed that this bill does not also do so at any time. The GAO should not transfer GAO’s debarment authority SPACE LAUNCH LIABILITY have to undertake this administrative under the Davis-Bacon Act. Moving PROVISIONS EXTENSION that additional function would place burden any longer. Mr. PALAZZO. Mr. Speaker, I move H.R. 6371 will transfer this payment more enforcement functions under one roof. to suspend the rules and pass the bill authority from the GAO to the Depart- (H.R. 6586) to extend the application of ment of Labor, thereby reducing un- Mr. Speaker, I support Davis-Bacon because it provides protections to con- certain space launch liability provi- necessary bureaucracy and ensuring sions through 2014. workers receive their compensation in tractors and subcontractors working on federally funded contracts. The The Clerk read the title of the bill. a timely manner. By reforming the The text of the bill is as follows: claims process, we can remove most obvious protection is that it re- quires all contractors and subcontrac- H.R. 6586 redundancies and promote greater effi- Be it enacted by the Senate and House of Rep- ciency within the Federal Government. tors to pay the prevailing wage, deny- ing unfair competition to those con- resentatives of the United States of America in I urge my colleagues to support the Congress assembled, tractors who underpay their employ- Streamlining Claims Processing for SECTION 1. EXTENSION. Federal Contractor Employees Act. ees. Davis-Bacon protections prevent Section 50915(f) of title 51, United States Before I conclude, I would like to government spending from driving Code, is amended by striking ‘‘December 31, take a moment to recognize a distin- down living standards. Improved pro- 2012’’ and inserting ‘‘December 31, 2014’’. guished colleague who will soon be en- ductivity on projects with prevailing The SPEAKER pro tempore. Pursu- joying a well-deserved retirement. I wage application offsets higher wages. ant to the rule, the gentleman from wish she were with us this evening, but Furthermore, better-skilled workers Mississippi (Mr. PALAZZO) and the gen- travel arrangements don’t always work attracted by the higher wages are like- tleman from Illinois (Mr. COSTELLO) out as planned. Since 1993, Representa- ly to complete the jobs more effi- each will control 20 minutes. tive LYNN WOOLSEY has proudly rep- ciently and with higher-quality work. The Chair recognizes the gentleman resented the people of California’s Studies have shown that construction from Mississippi. Sixth Congressional District. Her per- workers in prevailing wage States sonal story has informed her work in produce 13 to 15 percent more value b 1750 public office, as well as inspired many added from their work compared to GENERAL LEAVE of her colleagues on Capitol Hill, my- workers in States without prevailing Mr. PALAZZO. Mr. Speaker, I ask self included. wage laws. unanimous consent that all Members

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15084 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 may have 5 legislative days to revise The Space and Aeronautics Sub- billion above that insured level subject and extend their remarks and to in- committee held two hearings this Con- to funds being appropriated by Con- clude extraneous material on H.R. 6586, gress examining the activities of the gress for that purpose. Finally, for suc- the bill now under consideration. Office of Commercial Space Transpor- cessful claims above the government The SPEAKER pro tempore. Is there tation and the performance of its li- indemnification, the launch providers objection to the request of the gen- censing and indemnification regime. assume responsibility for payment. tleman from Mississippi? Administration and industry witnesses This risk-sharing regime has been vi- There was no objection. provided compelling evidence that in- tally important for the development of Mr. PALAZZO. Mr. Speaker, I yield demnification for third-party claims is a commercial space launch industry in myself such time as I may consume. needed to preserve the U.S. commercial the United States. Moreover, to date, I want to begin by thanking Members launch market. I want to reiterate that the regime has not cost the U.S. Gov- for their bipartisan support of this leg- the Federal Government’s exposure is ernment a penny in third-party claims. islation. only for third-party claims and only However, I would be remiss if I did H.R. 6586 is a very simple bill. It ex- for amounts that exceed the maximum not note some concerns about the pro- tends for 2 years a commercial space gram in its current form. Congress has transportation risk-sharing and liabil- probable loss determined by the Office not updated the program since its in- ity regime that was established by of Commercial Space Transportation. Mr. Speaker, our commercial space ception in 1988. This has resulted in an Congress in 1988 with passage and en- launch industry needs this extension. increased liability exposure for the actment of the Commercial Space Launch Act Amendments. The struc- While there are only a small number of U.S. taxpayer, and that exposure grows ture of the liability regime is modeled commercial launches occurring today every year. I am concerned that tax- on the Price-Anderson Act that gov- from domestic spaceports, this is about payer liability exposure is growing at erns risk-sharing for the nuclear power to change. the same time the industry and its as- industry. First, NASA relies on commercial sociated insurance market is maturing. There are several features of the providers to carry cargo, and eventu- One would tend to think that the oppo- Commercial Space Launch Act Amend- ally crew, to and from the inter- site should be the case. I hope that we ments, but one that is central to to- national space station. SpaceX has al- can begin to address these issues before day’s debate is indemnifying commer- ready flown its first mission to ISS the next extension is necessary in 2014. cial launch and reentry operators earlier this fall, and together with Or- I want to thank Chairman HALL and against catastrophic losses suffered by bital Sciences Corporation, these two Subcommittee Chairman PALAZZO for the uninvolved public, or ‘‘third par- companies are under contract to com- working with us on this bill, and I re- ties.’’ plete 20 cargo missions before the end serve the balance of my time. Since 1988, the Office of Commercial of 2016. Mr. PALAZZO. Mr. Speaker, I yield 3 Space Transportation has licensed Secondly, commercial manned minutes to the gentleman from Texas, more than 200 commercial space spaceflights—orbital and suborbital— Chairman HALL of the Science, Space, launches and three reentries without will require indemnification in order to and Technology Committee. any claims for Federal coverage for launch from U.S. spaceports. While it’s Mr. HALL. Mr. Speaker, I, of course, loss of life, serious injury, or signifi- not clear when these types of services rise in support of H.R. 6586, to extend cant property claims. The 1988 Act was will begin, just like today’s commer- the application of certain space launch driven in part by the emergence of for- cial communications satellite cus- liability regimes. eign launch services companies that tomers, launch customers will rely on Everybody is hoping that the House were made competitive through gov- an indemnification regime for third- won’t be divided, that we’re all going ernment subsidies and preferential for- party claims, or the business is at risk to work together. This is a good chance eign national laws, including indem- of going offshore. to show them that we are all together nification. I urge all Members to support this on a good bill. Foreign launch companies continue legislation, and I reserve the balance of Commercial launch in the United to be formidable competitors. If this my time. States has a very enviable record. Our program were allowed to lapse, it Mr. COSTELLO. Mr. Speaker, I yield rockets are highly reliable, and would threaten our domestic market myself such time as I may consume. SpaceX, which has flown two Falcon 9 for launches, as the cost of insurance I rise in support of H.R. 6586, to ex- rockets to the international space sta- would significantly increase. tend the application of certain space tion and returned two payloads, is the The Office of Commercial Space launch liability provisions through first commercial company to success- Transportation, as part of its licensing 2014. fully reenter payloads from space. And and permitting mission, administers fi- First established by Congress as part in the next 2 months, Orbital Sciences nancial responsibility and risk-sharing of the Commercial Space Launch Act Corporation is scheduled to launch its requirements for commercial launch Amendments of 1988, the commercial new rocket that is designed to carry and reentry operators. They calculate space transportation risk-sharing li- cargo to the space station. the required amount of financial re- ability and insurance regime is a vital No matter these successes, our indus- sponsibility based on the maximum program for the commercial space in- try faces serious pricing challenges probable loss of the license applicant’s dustry and has been extended five from foreign operators. They are able proposed launch or reentry. In the times since its original enactment. to offer substantially cheaper launch event there is a catastrophic accident, The current extension expires on De- costs because of industrial policy and the operator’s insurance coverage cember 31 of this year, so it is impor- less expensive labor costs. They also would be first in line. The govern- tant for Congress to act now so that offer generous indemnification cov- ment’s liability would then cover ex- there is sufficient time for this legisla- erage. In a report released earlier this cess claims above the insured amounts, tion to make its way to the President summer, the Government Account- but not to exceed $2.7 billion. And I before the current authority expires. ability Office stated: also want to note that to trigger Fed- Under the current three-tier regime, The United States provides less total eral indemnification, the administra- commercial space launch providers are third-party liability coverage than China, tion must submit a request to Congress required to purchase third-party liabil- France, or Russia—the primary countries for claims in excess of insurance cov- ity insurance to compensate for max- that have conducted commercial space erage, and Congress must, in turn, pass imum probable losses from third-party launches in the last 5 years. a separate appropriation bill to fund claims up to a level of $500 million. For As Chairman Palazzo mentioned a the request. Responsibility for any claims above those maximum probable few minutes ago, commercial launch claims above the Federal cap would re- losses, the U.S. Government may pay activity in the United States is ex- vert to the launch or reentry operator. successful liability claims up to $1.5 pected to pick up in the years to come:

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15085 first through NASA’s reliance on com- years, benefiting the American com- eminent space-going Nation, which mercial launch companies to ferry mercial space industry. The bill before means we need to pass H.R. 6586, and I cargo and astronauts to and from the us would extend indemnification for 2 ask my colleagues to join me in sup- international space station, and sec- more years, and I hope that we can ad- porting this legislation. ond, through the introduction of com- dress a longer-term legislative solution Mr. COSTELLO. Mr. Speaker, I con- mercial human spaceflight services. when addressing NASA reauthorization tinue to reserve the balance of my The bill before us would extend the and commercial space legislation next time. indemnification regime for 2 years to year. Mr. PALAZZO. Mr. Speaker, I have December 31, 2014. It’s important that Mr. Speaker, I wanted to thank the no further requests for time, and if the we pass this bill to ensure that we do chairman again for yielding me time. gentleman is prepared to yield back, I not jeopardize the ability of NASA to Mr. COSTELLO. Mr. Speaker, I con- am prepared to close. get cargo flights to the space station or tinue to reserve the balance of my Mr. COSTELLO. Mr. Speaker, we inhibit our commercial launch opera- time. have no further speakers on our side. tors’ ability to compete for future pay- Mr. PALAZZO. Mr. Speaker, I yield 3 I’d like to thank Chairman HALL for loads. minutes to the gentleman from Cali- his services as chairman of the com- The Committee on Science, Space, fornia (Mr. ROHRABACHER). mittee. He’s a wonderful person. He has and Technology will continue to mon- Mr. ROHRABACHER. Mr. Speaker, done a great job chairing the full com- itor the activities of the Office of Com- first and foremost, I would like to mittee, and he is one of the people that mercial Space Transportation and the thank Chairman HALL for the great I’m going to miss the most here in this evolving space launch market to en- leadership that he’s provided to our Congress, and my friend from Cali- sure that the current risk-sharing and committee, and also Mr. COSTELLO, fornia as well, and from Texas, and liability regime, including indem- who will be voluntarily leaving this Chairman PALAZZO. nification, is properly structured. body, and he has done such a fine job. With that, Mr. Speaker, I urge pas- I thank Chairman PALAZZO of Mis- Both of these gentlemen deserve acco- sage of this legislation, and I yield sissippi and Ranking Member COSTELLO lades for the wonderful job they’ve back the balance of my time. of Illinois for sponsoring and sup- done for America’s science and space Mr. PALAZZO. Mr. Speaker, I have porting this bill, and I urge all Mem- programs, as well as for our country as no further requests for time, and I bers to support it as well. a whole. So, thank you both very Mr. COSTELLO. I continue to reserve yield back the balance of my time. much. The SPEAKER pro tempore. The the balance of my time. I rise in support of H.R. 6586. It ex- Mr. PALAZZO. Mr. Speaker, I yield 2 question is on the motion offered by tends the commonsense limitations on minutes to the gentleman from Texas the gentleman from Mississippi (Mr. liability exposure for commercial space (Mr. SMITH). PALAZZO) that the House suspend the Mr. SMITH of Texas. I thank the launches. rules and pass the bill, H.R. 6586. A few years ago when I was the chair- chairman for yielding. The question was taken. First of all, I do want to thank the man of the Space and Aeronautics Sub- The SPEAKER pro tempore. In the chairman of the Space Subcommittee, committee, the FAA was directed to opinion of the Chair, two-thirds being provide an ongoing analysis of the ra- STEVE PALAZZO of Mississippi, for in the affirmative, the ayes have it. bringing this must-pass legislation to tionale for and potential unintended Mr. PALAZZO. Mr. Speaker, I object the floor today. I also want to thank consequences of this indemnification to the vote on the ground that a my friend and colleague from Texas, provision. quorum is not present and make the According to the analysis, the two RALPH HALL, the chairman of the point of order that a quorum is not Science Committee, and the profes- options before us then were to extend present. sional staff of the committee for shep- this liability provision, which has The SPEAKER pro tempore. Pursu- herding this bill and getting us to the never cost the American taxpayer a ant to clause 8 of rule XX, further pro- point where we are now. dime, or option number two—though ceedings on this question will be post- unintended—would be to give a com- poned. b 1800 petitive advantage to China and other Last June, the Space and Aero- foreign launch providers. This, of f nautics Subcommittee heard testi- course, is the same choice that we are COMMUNICATION FROM THE mony on why government indemnifica- making today. If we give foreign rocket CLERK OF THE HOUSE tion for commercial rocket launches companies such an advantage, then we The SPEAKER pro tempore laid be- must be extended. At that hearing, are costing American jobs while under- fore the House the following commu- Frank Slazer from the Aerospace In- mining both our economy and our na- nication from the Clerk of the House of dustries Association said it best about tional security. Representatives: why this indemnification is needed: Back in 2004, I authored the current OFFICE OF THE CLERK, Many foreign launch providers competing regulatory regime for human HOUSE OF REPRESENTATIVES, against U.S. companies already benefit from spaceflight, which has worked well be- Washington, DC, November 13, 2012. generous indemnification rules. For exam- yond our expectations. Hon. JOHN A. BOEHNER, ple, the European company Arianespace is Recently, in cooperation with our The Speaker, House of Representatives, required to purchase insurance up to just 60 majority whip, Mr. MCCARTHY, and my Washington, DC. million Euros, roughly $75 million. Any dam- friends on both sides of the aisle, we DEAR MR. SPEAKER: Pursuant to the per- ages above this cap are the guaranteed re- extended that regime as the Science mission granted in Clause 2(h) of Rule II of sponsibility of the French Government. the Rules of the U.S. House of Representa- We cannot afford to drive away highly Committee’s part of the recent FAA re- tives, the Clerk received the following mes- skilled technical jobs to foreign countries authorization bill. It would be very sage from the Secretary of the Senate on No- where the regulatory frameworks provide tempting to try to revisit that regu- vember 13, 2012 at 4:18 p.m.: better critical risk management tools. latory issue or some other provisions That the Senate passed without amend- Lastly, a non-renewal could impede new with this legislation. U.S. entrants to the commercial launch mar- ment H.R. 4114. ket, discourage future space launch innova- So, I would like to thank Chairman With best wishes, I am tion and entrepreneurial investment. With- PALAZZO for offering a bill that asks Sincerely, out a level playing field for competition, new only the critical question before us: do KAREN L. HAAS. U.S. entrants could find it highly undesir- we extend launch indemnification, or f able to begin their business ventures in the do we hand the launch industry com- United States. pletely over to foreign competitors? RECESS The FAA’s launch indemnification The choice is clear. The answer is The SPEAKER pro tempore. Pursu- authority has been in place for over 20 clear. America must remain the pre- ant to clause 12(a) of rule I, the Chair

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15086 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 declares the House in recess until ap- [Roll No. 604] Rogers (KY) Scott, David Tsongas Rohrabacher Sensenbrenner Turner (NY) proximately 6:30 p.m. today. YEAS—361 Rokita Serrano Turner (OH) Accordingly (at 6 o’clock and 7 min- Ackerman Duncan (TN) Lance Rooney Sessions Upton utes p.m.), the House stood in recess. Adams Ellison Landry Ros-Lehtinen Sewell Vela´ zquez Aderholt Ellmers Lankford Roskam Sherman Visclosky f Alexander Emerson Larsen (WA) Ross (AR) Shimkus Walberg Altmire Engel Latham Ross (FL) Shuster Walden b 1830 Amash Eshoo LaTourette Roybal-Allard Simpson Wasserman AFTER RECESS Amodei Farenthold Latta Royce Smith (NE) Schultz Austria Farr Lee (CA) Runyan Smith (NJ) Watt The recess having expired, the House Baca Fattah Levin Ryan (OH) Smith (TX) Waxman was called to order by the Speaker pro Baldwin Fincher Lewis (CA) Ryan (WI) Smith (WA) Webster Barber Fitzpatrick LoBiondo Sa´ nchez, Linda Southerland Welch tempore (Mr. WOMACK) at 6 o’clock and Barletta Flake Loebsack T. Speier West 30 minutes p.m. Barrow Fleischmann Lofgren, Zoe Sanchez, Loretta Stark Westmoreland Barton (TX) Fleming Long Sarbanes Stearns Whitfield f Bass (CA) Flores Lowey Scalise Stivers Wilson (FL) Bass (NH) Fortenberry Luetkemeyer Schakowsky Stutzman Wilson (SC) REPORT ON RESOLUTION PRO- Benishek Foxx Luja´ n Schiff Sullivan Wittman VIDING FOR CONSIDERATION OF Berg Frank (MA) Lummis Schilling Sutton Wolf H.R. 6156, RUSSIA AND MOLDOVA Berkley Franks (AZ) Lungren, Daniel Schmidt Terry Womack JACKSON-VANIK REPEAL AND Berman Frelinghuysen E. Schock Thompson (CA) Woodall Biggert Fudge Marchant Schrader Thompson (MS) Woolsey SERGEI MAGNITSKY RULE OF Bilbray Garamendi Marino Schwartz Thompson (PA) Yarmuth LAW ACCOUNTABILITY ACT OF Bilirakis Gardner Matheson Schweikert Thornberry Yoder 2012 Bishop (GA) Garrett Matsui Scott (SC) Tierney Young (AK) Bishop (NY) Gerlach McCarthy (CA) Scott (VA) Tipton Young (FL) Mr. DREIER, from the Committee on Bishop (UT) Gibbs McCarthy (NY) Scott, Austin Tonko Young (IN) Rules, submitted a privileged report Black Gibson McCaul Blackburn Gingrey (GA) McCollum NAYS—3 (Rept. No. 112–693) on the resolution (H. Blumenauer Gohmert McDermott Broun (GA) Campbell McClintock Res. 808) providing for consideration of Bonamici Gonzalez McHenry Bonner Goodlatte McIntyre the bill (H.R. 6156) to authorize the ex- NOT VOTING—65 tension of nondiscriminatory treat- Boswell Gosar McKeon Boustany Granger McKinley Akin Forbes Miller, George ment (normal trade relations treat- Brady (PA) Graves (GA) McMorris Andrews Gallegly Neal ment) to products of the Russian Fed- Braley (IA) Graves (MO) Rodgers Bachmann Gowdy Pallone eration and Moldova and to require re- Brooks Green, Al McNerney Bachus Gutierrez Pelosi ports on the compliance of the Russian Brown (FL) Green, Gene Meehan Bartlett Holden Pence Buchanan Griffin (AR) Meeks Becerra Hoyer Federation with its obligations as a Platts Bucshon Griffith (VA) Mica Bono Mack Israel Reed Buerkle Grijalva Michaud member of the World Trade Organiza- Boren Jackson (IL) Rogers (AL) Burgess Grimm Miller (FL) Brady (TX) Johnson (IL) tion, and for other purposes, which was Rogers (MI) Butterfield Guinta Miller (MI) Burton (IN) Johnson (OH) Rothman (NJ) referred to the House Calendar and or- Calvert Guthrie Miller (NC) Capito Lamborn Ruppersberger dered to be printed. Camp Hahn Miller, Gary Capps Langevin Canseco Hall Moore Carnahan Larson (CT) Rush f Cantor Hanabusa Moran Cicilline Lewis (GA) Shuler Sires ANNOUNCEMENT BY THE SPEAKER Capuano Hanna Mulvaney Clarke (NY) Lipinski Carney Harper Murphy (CT) Clay Lucas Slaughter PRO TEMPORE Carson (IN) Harris Murphy (PA) Cleaver Lynch Tiberi The SPEAKER pro tempore. Pursu- Carter Hartzler Myrick Cuellar Mack Towns Cassidy Hastings (FL) Nadler DeLauro Maloney Van Hollen ant to clause 8 of rule XX, proceedings Castor (FL) Hastings (WA) Napolitano Doggett Manzullo Walsh (IL) will resume on motions to suspend the Chabot Hayworth Neugebauer Edwards Markey Walz (MN) rules previously postponed. Chaffetz Heck Noem Filner McGovern Waters Chandler Heinrich Nugent Votes will be taken in the following Chu Hensarling Nunes order: Clarke (MI) Herger Nunnelee b 1849 H.R. 6371, by the yeas and nays; Clyburn Herrera Beutler Olson H.R. 6586, de novo. Coble Higgins Olver So (two-thirds being in the affirma- Coffman (CO) Himes Owens tive) the rules were suspended and the f Cohen Hinchey Palazzo Cole Hinojosa Pascrell bill was passed. STREAMLINING CLAIMS PROC- Conaway Hirono Pastor (AZ) The result of the vote was announced ESSING FOR FEDERAL CON- Connolly (VA) Hochul Paul as above recorded. TRACTOR EMPLOYEES ACT Conyers Holt Paulsen Cooper Honda Pearce A motion to reconsider was laid on The SPEAKER pro tempore. The un- Costa Huelskamp Perlmutter the table. finished business is the vote on the mo- Costello Huizenga (MI) Peters Courtney Hultgren Peterson Stated for: tion to suspend the rules and pass the Cravaack Hunter Petri bill (H.R. 6371) to amend title 40, Crawford Hurt Pingree (ME) Mrs. CAPPS. Mr. Speaker, on rollcall No. United States Code, to transfer certain Crenshaw Issa Pitts 604, had I been present, I would have voted Critz Jackson Lee Poe (TX) ‘‘yea.’’ functions from the General Account- Crowley (TX) Polis ability Office to the Department of Culberson Jenkins Pompeo Ms. SLAUGHTER. Mr. Speaker, on rollcall Labor relating to the processing of Cummings Johnson (GA) Posey No. 604, had I been present, I would have Davis (CA) Johnson, E. B. Price (GA) claims for the payment of workers who Davis (IL) Johnson, Sam Price (NC) voted ‘‘yea.’’ were not paid appropriate wages under DeFazio Jones Quayle Mr. FILNER. Mr. Speaker, on rollcall 604, I certain provisions of such title, on DeGette Jordan Quigley was away from the Capitol due to prior com- which the yeas and nays were ordered. Denham Kaptur Rahall Dent Keating Rangel mitments to my constituents. Had I been The Clerk read the title of the bill. DesJarlais Kelly Rehberg present, I would have voted ‘‘yea.’’ The SPEAKER pro tempore. The Deutch Kildee Reichert question is on the motion offered by Diaz-Balart Kind Renacci Mr. LANGEVIN. Mr. Speaker, I was un- Dicks King (IA) Reyes avoidably detained on rollcall No. 604. Had I the gentleman from Michigan (Mr. Dingell King (NY) Ribble WALBERG) that the House suspend the Dold Kingston Richardson been present, I would have voted ‘‘yea.’’ rules and pass the bill. Donnelly (IN) Kinzinger (IL) Richmond Mr. GUTIERREZ. Mr. Speaker, I was un- The vote was taken by electronic de- Doyle Kissell Rigell avoidably absent in the House Chamber for Dreier Kline Rivera vice, and there were—yeas 361, nays 3, Duffy Kucinich Roby votes today. Had I been present, I would have not voting 65, as follows: Duncan (SC) Labrador Roe (TN) voted ‘‘yea’’ on rollcall vote 604.

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15087 COMMUNICATION FROM THE With best wishes, I am To the best of our knowledge and belief at CLERK OF THE HOUSE Sincerely, this time, we are not aware of any contest or KAREN L. HAAS, recount to this election. The SPEAKER laid before the House Clerk. As soon as the official results are certified the following communication from the Enclosure. to this office by all counties involved, the Clerk of the House of Representatives: Secretary of State will deliver the certified OFFICE OF THE CLERK, SECRETARY OF STATE, vote totals to the KY State Board of Elec- HOUSE OF REPRESENTATIVES, Olympia, WA, November 7, 2012. tions for the issuance of an official Certifi- Washington, DC, November 8, 2012. Hon. KAREN L. HAAS, cate of Election on November 20, 2012. An Hon. JOHN BOEHNER, Clerk, House of Representatives, original Certificate of Election for the unex- The Speaker, House of Representatives, The Capitol, Washington, DC. pired term for the Fourth Congressional Dis- Washington, DC. DEAR MS. HAAS: This is to advise you that trict of Kentucky will be sent to you subse- DEAR MR. SPEAKER: I have the honor to the unofficial results of the Special Election quent to the November 20, 2012 meeting of transmit herewith a scanned copy of a letter held on Tuesday, November 6, 2012, for Rep- the KY State Board of Elections. received from Mr. Christopher M. Thomas, resentative in Congress from the First Con- Thank you and if we may assist further, Director of Elections, Department of State, gressional District of Washington, show that please do not hesitate to contact me. State of Michigan, indicating that, accord- Suzan DelBene received 128,638 votes, or Sincerely, ing to the unofficial returns of the Special 60.14%, of the total votes cast for that office, MARY SUE HELM, Election held November 6, 2012, the Honor- tabulated so far. Director of Elections & Administration. It would appear from these unofficial re- able David Curson was elected Representa- f tive to Congress for the Eleventh Congres- sults that Suzan DelBene was elected as Rep- sional District, State of Michigan. resentative in Congress from the First Con- SWEARING IN OF THE HONORABLE With best wishes, I am gressional District of Washington. DAVID ALAN CURSON, OF MICHI- Sincerely, To the best of our knowledge and belief at GAN; THE HONORABLE SUZAN K. this time, there is no contest to this elec- KAREN L. HAAS, DELBENE, OF WASHINGTON; AND tion. Clerk. THE HONORABLE THOMAS Enclosure. As soon as the official results are certified to this office by all counties involved, an of- MASSIE, OF KENTUCKY, AS MEM- ficial Certificate of Election will be prepared BERS OF THE HOUSE STATE OF MICHIGAN, RUTH JOHNSON, for transmittal as required by law. SECRETARY OF STATE, DEPART- Mr. DINGELL. Mr. Speaker, I ask Sincerely, MENT OF STATE, unanimous consent that the gentleman SAM REED. Lansing, MI, November 8, 2012. from Michigan, the Honorable DAVID Hon. KAREN L. HAAS, f ALAN CURSON, be permitted to take the Clerk, House of Representatives, The Capitol, COMMUNICATION FROM THE oath of office today. Washington, DC. CLERK OF THE HOUSE His certificate of election has not yet DEAR MS. HAAS: This is to advise you that the unofficial results of the Special Election The SPEAKER laid before the House arrived, but there is no contest and no held on Tuesday, November 6, 2012, to fill the the following communication from the question has been raised with regard to existing vacancy for Representative in Con- Clerk of the House of Representatives: his election. gress from the Eleventh Congressional Dis- The SPEAKER. Is there objection to OFFICE OF THE CLERK, trict of Michigan, show that David Curson HOUSE OF REPRESENTATIVES, the request of the gentleman from received 159,267 or 48.39% of the total number Washington, DC, November 7, 2012. Michigan? of votes cast for that office. Hon. JOHN BOEHNER, There was no objection. It would appear from these unofficial re- The Speaker, House of Representatives, sults that David Curson was elected as Rep- Mr. DICKS. Mr. Speaker, I ask unani- Washington, DC. resentative in Congress from the Eleventh mous consent that the gentlewoman DEAR MR. SPEAKER: I have the honor to Congressional District of Michigan. from Washington, the Honorable SUZAN transmit herewith a facsimile copy of a let- To the best of our knowledge and belief at K. DELBENE, be permitted to take the ter received from Ms. Mary Sue Helm, Direc- this time, there is no contest to this elec- tor of Elections and Administration, Office oath of office today. tion. of the Secretary of State, State of Kentucky, Her certificate of election has not ar- As soon as the official results are certified indicating that, according to the unofficial rived, but there is no contest and no to this office by all counties involved, an of- returns of the Special Election held Novem- question has been raised with regard to ficial Certificate of Election will be prepared ber 6, 2012, the Honorable Thomas Massie was for transmittal as required by law. her election. elected Representative to Congress for the A full listing of the unofficial results for The SPEAKER. Is there objection to Fourth Congressional District, State of Ken- each candidate is attached for your informa- the request of the gentleman from tucky. tion. Washington? With best wishes, I am, Sincerely, Sincerely, There was no objection. CHRISTOPHER M. THOMAS, KAREN L. HAAS, Mr. ROGERS of Kentucky. Mr. Director of Elections. Clerk. Speaker, I ask unanimous consent that f Enclosure. the gentleman from Kentucky, the Honorable THOMAS MASSIE, be per- COMMUNICATION FROM THE COMMONWEALTH OF KENTUCKY, mitted to take the oath of office today. CLERK OF THE HOUSE OFFICE OF THE SECRETARY OF STATE, His certificate of election has not ar- The SPEAKER laid before the House Frankfort, KY, November 7, 2012. rived, but there is no contest and no Hon. KAREN L. HAAS, the following communication from the question has been raised with regard to Clerk, House of Representatives, The Capitol, his election. Clerk of the House of Representatives: Washington, DC. OFFICE OF THE CLERK, DEAR MS. HAAS: This is to advise that the The SPEAKER. Is there objection to HOUSE OF REPRESENTATIVES, unofficial results of the Special Election the request of the gentleman from Ken- Washington, DC, November 8, 2012. held on Tuesday, November 6, 2012, for Rep- tucky? Hon. JOHN BOEHNER, resentative in Congress, Fourth Congres- There was no objection. The Speaker, House of Representatives, sional District of Kentucky, show that Washington, DC. Thomas Massie received 174,087 of the total b 1900 DEAR MR. SPEAKER: I have the honor to number of votes cast for that office. A chart The SPEAKER. Will the Representa- transmit herewith a facsimile copy of a let- providing the unofficial vote totals received tives-elect and the members of their ter received from the Honorable Sam Reed, for each candidate seeking the unexpired respective delegations present them- Washington Secretary of State, indicating term for U.S. Representative in Congress, selves in the well. that, according to the unofficial returns of 4th District is attached. the Special Election held November 6, 2012, It would appear from the unofficial results The Representatives-elect will please the Honorable Suzan DelBene was elected that Thomas Massie was elected as Rep- raise their right hands. Representative to Congress for the First resentative in Congress from the Fourth Mr. CURSON of Michigan, Ms. Congressional District, State of Washington. Congressional District of Kentucky. DELBENE, and Mr. MASSIE appeared at

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15088 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 the bar of the House and took the oath my wife, Sharon, who has been my joins me in welcoming our newest of office, as follows: rock; and my family, who gave me the Member. Do you solemnly swear that you will sup- courage and the strength to get here; Mr. HASTINGS of Washington. I port and defend the Constitution of the and to all my supporters, the hundreds thank the gentleman for yielding. United States against all enemies, foreign of volunteers, and the many union And let me be the first here in this and domestic; that you will bear true faith brothers and sisters that worked so post session of Congress to say that and allegiance to the same; that you take hard to get me elected; and to all the this is the last session that our senior this obligation freely, without any mental reservation or purpose of evasion; and that voters, regardless of whose lever they colleague from Washington (Mr. DICKS) you will well and faithfully discharge the du- pulled, because they participated in will be serving, and he will be certainly ties of the office on which you are about to this country’s greatest act of free- missed. And I want to be the first to enter, so help you God. dom—the right to elect their own gov- say that we will miss you here in this The SPEAKER. Congratulations, you ernment. body. are now Members of the 112th Congress. I spent my entire adult life solving But when somebody leaves, somebody problems for working families, but I new comes in, albeit not the same dis- f am but one man. So when I speak, you trict. SUZAN, I want to welcome you to WELCOMING THE HONORABLE will hear the voice of over 500,000 resi- the Washington caucus. While we’re a DAVID ALAN CURSON TO THE dents of Michigan’s 11th District who diverse State, as you well know, we HOUSE OF REPRESENTATIVES simply want a piece, their small share have found that on issues we agree on, The SPEAKER. Without objection, of the American Dream. And I know we work very, very well together, and the dean of the House, the gentleman with the genius that works in this we look forward to working with you. from Michigan (Mr. DINGELL) is recog- great Hall, that together, we can col- And I know that this is not your first nized for 1 minute. lectively achieve that goal and move run here, so I’ll congratulate you more There was no objection. this country forward. on the second run than the first run. Mr. DINGELL. Mr. Speaker, I rise to I am humbled and honored to be a Welcome to the Congress. welcome my good friend DAVE CURSON part of this distinguished group, and I Mr. DICKS. I now yield to SUZAN to the Congress of the United States. want to thank every one of you. I look DELBENE to address the House. He has spent his life serving his fellow forward to working with you. Ms. DELBENE. I want to thank Con- man, first as a U.S. marine in Vietnam, Mr. DINGELL. Mr. Speaker, I yield gressman DICKS and Congressman HAS- then as a representative of the UAW, back the balance of my time. TINGS for the very kind introduction. and now as a Member of this distin- f It’s a great honor to be here. guished body. Mr. Speaker, Leader PELOSI, mem- WELCOMING THE HONORABLE He is also, first and foremost, a fam- bers of the Washington delegation, and SUZAN K. DELBENE TO THE ily man. He has been married to his Members of the 112th Congress, it’s HOUSE OF REPRESENTATIVES wonderful wife, Sharon, for 22 years. truly an honor for me to be here with Together with her, he has done an ex- The SPEAKER. Without objection, you today. traordinary job raising two daughters the gentleman from Washington (Mr. I would first like to thank all those and one son; they are Lisa, Katie, and DICKS) is recognized for 1 minute. who supported me throughout this David, Jr. There was no objection. journey; in particular, my family; my I have no doubt that our good friend Mr. DICKS. Mr. Speaker, it is a great husband, Kurt, who is up in the gallery; DAVID will do a magnificent job rep- pleasure for the Washington congres- and my children, Rebecca and Zachary, resenting the interests of the people of sional delegation to welcome our new- who are both off in college right now. I Michigan’s 11th District. I know he can est Member, SUZAN DELBENE, who had am very grateful to share this moment count on my support, and I hope that the distinction of winning not just one, with them. my colleagues will extend him that but two elections last week. It’s a great privilege to represent the same courtesy. DAVE is a good man, She was elected in a special election people of Washington’s First Congres- and the Nation is fortunate to have to fill the remainder of Congressman sional District, both the current and him here. Jay Inslee’s term, and she was also the future versions of it. I am honored Mr. Speaker, at this moment, I yield elected last week to be the Representa- to be given this opportunity by the to the distinguished gentleman from tive of a newly configured First Dis- voters of western Washington, and I Michigan (Mr. UPTON), the dean of the trict in the 113th Congress. truly appreciate their support. I will Republican delegation. Throughout her campaign, SUZAN work very, very hard to serve them Mr. UPTON. Mr. Speaker, I, too, wish was able to successfully connect with well. DAVE CURSON a warm welcome in join- voters because of her upbringing and I look forward to working with all of ing this body. because of her experience. She spoke to you, and I am honored to be able to We have great Members on both sides the struggles her parents went through serve alongside the very distinguished of the aisle. I will say, from the Repub- in raising her family and of working members of the Washington delegation. lican perspective, that I don’t think her way through college. She earned a I am very excited to roll up my sleeves any of us knew you before. We surely bachelor’s degree from Reed College in and get to work right away. look forward to getting to know you in Portland and received an MBA from Thanks again. I appreciate all of the next couple of weeks. We know the University of Washington. your support. that you’ll be an active Member, and Following her academic work, SUZAN Mr. DICKS. I yield back the balance we look forward to your service and to had a very successful career at Micro- of my time. getting to know you well. And we wish soft and at two high-tech startup com- you the very best. panies, and then was appointed direc- f Mr. DINGELL. At this time, Mr. tor of the Washington Department of b 1910 Speaker, I yield to my dear friend, our Revenue. SUZAN is a high-energy per- new Member from Michigan’s 11th Dis- son, someone who will work well with WELCOMING THE HONORABLE THOMAS MASSIE TO THE HOUSE trict, DAVE CURSON, with my congratu- our delegation and with all of our col- lations and good wishes. leagues here in the House in the next OF REPRESENTATIVES Mr. CURSON of Michigan. Thank Congress. The SPEAKER. Without objection, you, Congressman DINGELL. It’s always At this time, I would like to yield to the gentleman from Kentucky (Mr. been an honor to work with you. the gentleman from Washington’s ROGERS) is recognized for 1 minute. And thank you, Mr. Speaker. And Fourth Congressional District, Con- There was no objection. thanks to all my new colleagues, and gressman HASTINGS, the chairman of Mr. ROGERS of Kentucky. Thank thanks to all the guests. And thanks to the Natural Resources Committee, who you, Mr. Speaker.

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15089 I have the distinct honor and privi- sional District. I’ll be a staunch de- calls for help go unanswered? The lege of representing the Kentucky dele- fender of the Constitution, an unwaver- American people need to know this: gation as we welcome our newest mem- ing advocate for personal liberties, eco- What happened? Why didn’t the U.S. ber, TOM MASSIE from Lewis County, nomic freedom, and fiscal responsi- help the Ambassador when he was Kentucky. bility. I look forward to working with under attack? And what individuals THOMAS earned two engineering de- all of the Members of this House of killed the Ambassador? And what has grees from MIT. He founded SensAble Congress to advance these great Amer- the United States done to track these Technologies, Inc., based on his inven- ican principles, thereby ensuring a outlaws down, hold them accountable tion that made computers easier to prosperous future for our country. for this—yet another attack on 9/11? use, raised over $32 million of venture Thank you. May God bless America. And that’s just the way it is. capital, created 70 jobs, and obtained 24 Mr. ROGERS of Kentucky. Mr. f patents. Then he came home to a farm Speaker, I yield back the balance of CONGRATULATING SOLOMON in Kentucky to raise his family. my time. Ten years ago, he and Rhonda, his SCHECHTER ON ITS 50TH ANNI- high school sweetheart, moved back f VERSARY home to Kentucky to raise their four ANNOUNCEMENT BY THE SPEAKER (Mr. DOLD asked and was given per- children where they live on a farm in The SPEAKER. Under clause 5(d) of mission to address the House for 1 rural Lewis County, Kentucky. rule XX, the Chair announces to the minute and to revise and extend his re- But you can’t keep a good man down. House that, in light of the administra- marks.) He wanted to be of service to the pub- tion of the oath to the gentlewoman Mr. DOLD. Mr. Speaker, I rise to rec- lic, and he ran for the county execu- from Washington and the gentlemen ognize a tremendous milestone in the tive’s job in Lewis County on the Ohio from Kentucky and Michigan, the 10th District of Illinois in the Chicago River, and, of course, won that race. whole number of the House is 433. area. That was in 2010. Recently, the Solomon Schechter Now we are honored to present to f Day School of Metropolitan Chicago you, in a minute, the newest member b 1920 celebrated its 50th anniversary. Found- of the Kentucky delegation rep- ed in 1962 with only 27 students in its resenting the Fourth Congressional SPACE LAUNCH LIABILITY first class, Solomon Schechter has District. PROVISIONS EXTENSION grown over the years to provide edu- Before I introduce TOM, let me turn The SPEAKER pro tempore (Mr. cation to over 2,500 proud graduates. to my colleague, Mr. YARMUTH, from WOMACK). The unfinished business is As a school that integrates general the Third District. the question on suspending the rules and Judaic studies, Solomon Schechter Mr. YARMUTH. Thank you, Mr. ROG- and passing the bill (H.R. 6586) to ex- has promoted a love of learning and ERS. I appreciate this opportunity. tend the application of certain space unique sense of community amongst For those of us in the Kentucky dele- launch liability provisions through its students, parents, educators, and gation, Kentucky always comes first, 2014. volunteer leaders. and I appreciate this opportunity to The Clerk read the title of the bill. Schechter students also forge valu- welcome TOM MASSIE and his family to The SPEAKER pro tempore. The able connections with students at the House of Representatives and also question is on the motion offered by Keshet, a Jewish day school that serves to the Kentucky delegation. the gentleman from Mississippi (Mr. children with developmental disabil- TOM has very big shoes to fill. He PALAZZO) that the House suspend the ities. Mr. Speaker, I recently visited steps in the shoes of Geoff Davis, who rules and pass the bill. Keshet and was very impressed by the honorably served that Fourth Congres- The question was taken; and (two- incredible work that they do in meet- sional District for a number of years. thirds being in the affirmative) the ing the needs of the children there. He now has the responsibility of rep- rules were suspended and the bill was But Solomon Schechter is more than resenting about 20,000 of my former passed. just a school; it’s a community, the 1 constituents, and I think 15 ⁄2 holes of A motion to reconsider was laid on strength of which can be seen in the that hallowed golf course which he now the table. fact that over 700 people came to has in his district. proudly show their support at its re- I want to welcome THOMAS and his f cent 50th anniversary celebration. family, thank them for their service in TERROR ATTACK IN LIBYA I’d like to wish Solomon Schechter advance, congratulate them on their (Mr. POE of Texas asked and was Day School continued success in the election, and also invite TOM to join future. the Congressional Bourbon Caucus, given permission to address the House which is one of the most popular cau- for 1 minute and to revise and extend f cuses in the Congress. his remarks.) b 1930 Mr. ROGERS of Kentucky. It is now Mr. POE of Texas. Mr. Speaker, it’s been 2 months since four Americans HONORING EARL MORSE AND my great pleasure to recognize and JEFF MILLER FOR THEIR CON- yield to the new member of the Ken- were murdered by terrorists in Benghazi, Libya. For 2 weeks the ad- TRIBUTIONS ON BEHALF OF tucky delegation, THOMAS MASSIE. HONOR FLIGHT Mr. MASSIE. First, I’d like to recog- ministration claimed this was a spon- nize the great service of Congressman taneous protest in response to a movie, (Ms. KAPTUR asked and was given Geoff Davis for the State of Kentucky. but now we know that was all a cha- permission to address the House for 1 He served us well, and those are some rade. minute.) very big shoes to fill. The administration knew within 2 Ms. KAPTUR. Mr. Speaker, tomor- Thank you, Mr. Speaker, and thank hours that the terror group Ansar al- row I intend to bring to the floor the you, Chairman ROGERS, for the intro- Sharia was claiming responsibility for photos of two American families that duction. this well-planned ambush and assas- have been instrumental in helping Tonight I have in the gallery my sination. Allegedly, the administration bring over 100,000 Americans who family. My grandmother is here, my also watched the attack occur in the fought in World War II to our Nation’s mother is here, and my four children, White House’s Situation Room, and Capitol for Honor Flight. but most of all my wife, Rhonda, is that’s when a request for military help I had the great opportunity this here. I need to thank them for their was made and denied. week, during a special gathering on loving support through all of this. CIA operatives were twice told to this Veterans Day week of the friends I’m honored to represent the great stand down instead of helping the Am- of the World War II Memorial Com- people of Kentucky’s Fourth Congres- bassador. Why did the Ambassador’s mittee, to meet these phenomenal

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15090 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 Americans. Earl Morse and Jeff Miller acknowledge and respect as we come the text of which is carried in 5 U.S.C. have devoted so much of their private back to work on behalf of the Amer- 3331: lives to bringing great joy to Ameri- ican people. I’d like my colleagues to ‘‘I, AB, do solemnly swear (or af- cans across this country. We should allow me, for a moment, to raise the firm) that I will support and defend recognize them. We should thank them. issue of the recognition of introducing the Constitution of the United We should remember. a legislative initiative to award the States against all enemies, foreign Those of us who have relatives that Congressional Gold Medal to Malala and domestic; that I will bear true have fought in the military, those of us Yousufzai, the little girl in Pakistan faith and allegiance to the same; who appreciate those who have—on who had the courage to stand up that I take this obligation freely, this Veterans Day week, let us give due against the heinousness of the Taliban. without any mental reservation or credit to what brings us together as a On October 9, 2012, Malala was shot purpose of evasion; and that I will people, our great sense of patriotism, and nearly killed by Taliban operatives well and faithfully discharge the our great sense of valor, and the appre- because she advocated simply for edu- duties of the office on which I am ciation we could give to those Ameri- cating girls in Pakistan. Her shooting about to enter. So help me God.’’ cans who help to make the lives of oth- has sent shock waves through the re- has been subscribed to in person and ers complete. gion and around the world. Leaders filed in duplicate with the Clerk of the Mr. Speaker, I thank you for giving across the globe have condemned her House of Representatives by the fol- me this moment to highlight what I shooting, while Taliban leaders remain lowing Members of the 112th Congress, will bring to the floor tomorrow. unrepentant. In fact, as she heals in a pursuant to the provisions of 2 U.S.C. Thank you to Honor Flight. Thank you British hospital, they have continued 25: to the Morse and Miller families. to threaten that she will be shot again DAVID ALAN CURSON, Michigan Elev- Thank you to the Friends of the World if she comes to the soil. enth; THOMAS MASSIE, Kentucky War II Memorial, and thank you to all Sixty-one million children worldwide Fourth; SUZAN K. DELBENE, Wash- of our World War II veterans, their are not enrolled in school, of which 32 ington First. families, and descendants. million are girls. Pakistan has the sec- f ond highest number of girls who are f EXECUTIVE COMMUNICATIONS, not attending school in the world. GLOBAL ENTREPRENEURSHIP ETC. As a cochair and founder of the Paki- WEEK stan Caucus, the Congressional Paki- Under clause 2 of rule XIV, executive (Mr. YODER asked and was given stan Caucus, I urge my colleagues to communications were taken from the permission to address the House for 1 rush toward this legislation and sign Speaker’s table and referred as follows: minute and to revise and extend his re- on. The United Nations declared Satur- 8261. A letter from the Regulatory Spe- marks.) day, November 10, 2010, Malala Day, cialist, LRAD, Department of the Treasury, transmitting the Department’s final rule — Mr. YODER. Mr. Speaker, I rise to and many are advocating for a Nobel make note of an important week in the Short-Term Investment Funds [Docket No.: Peace Laureate. OCC-2011-0023] (RIN: 1557-AD37) received Oc- ongoing effort to renew our Nation’s I ask my colleagues to join me in ad- tober 10, 2012, pursuant to 5 U.S.C. economy. This week is Global Entre- vocating to recognize this brave little 801(a)(1)(A); to the Committee on Financial preneurship Week. girl who stands for the children of the Services. New entrepreneurs and innovators world. 8262. A letter from the Regulatory Spe- are the key to putting Americans back cialist, LRAD, Department of the Treasury, to work. With two out of every three f transmitting the Department’s final rule — Annual Stress Test [Docket ID: OCC-2011- jobs coming from small businesses, and LEAVE OF ABSENCE 0029] (RIN: 1557-AD58) received October 10, 100 percent of the net new jobs coming By unanimous consent, leave of ab- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the from companies less than 5 years old, sence was granted to: Committee on Financial Services. these risk-takers are the key to our 8263. A letter from the Director, Office of Mr. REED (at the request of Mr. CAN- economic prosperity. Simply put, if Congressional Affairs, Nuclear Regulatory TOR) for today and Wednesday on ac- Commission, transmitting the Commission’s they don’t grow and expand, then nei- count of attending the funeral of a fall- ther will our economy. final rule — Design, Inspection, and Testing en soldier in his district. Criteria for Air Filtration and Adsorption I was pleased to help celebrate Global Mr. CICILLINE (at the request of Ms. Units of Post-accident Engineered-Safety- Entrepreneurship Week this week by PELOSI) for today on account of attend- Feature Atmosphere Cleanup Systems in addressing many of these budding ing a funeral in the district. Light-Water-Cooled Nuclear Power Plants startups at the Kaufman Foundation in [NRC-2012-xxxx] received October 4, 2012, pur- Kansas City. A true gem of the Mid- f suant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. west, the Kaufman Foundation is the ADJOURNMENT world’s largest foundation devoted to 8264. A letter from the Director, Office of Mr. YODER. Mr. Speaker, I move Congressional Affairs, Nuclear Regulatory entrepreneurship. Commission, transmitting the Commission’s Mr. Speaker, we know jobs aren’t that the House do now adjourn. The motion was agreed to; accord- final rule — Withdrawal of Regulatory Guide created by bureaucrats in Washington, 5.67 [NRC-2012-xxxx] received October 4, 2012, D.C. They are created by the ingly (at 7 o’clock and 34 minutes pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- innovators across our Nation. As we p.m.), under its previous order, the mittee on Energy and Commerce. continue to see our economy lagging House adjourned until tomorrow, 8265. A letter from the Secretary, Depart- behind, let’s renew our efforts to sup- Wednesday, November 14, 2012, at 10 ment of Treasury, transmitting as required a.m. for morning-hour debate. by section 401(c) of the National Emergency port startups, innovators and entre- Act, 50 U.S.C. 1641(c), and section 204(c) of preneurs that take the risks to create f the International Emergency Economic Pow- jobs. OATH OF OFFICE MEMBERS, RESI- ers Act, 50 U.S.C. 1703(c), section 505(c) of the f DENT COMMISSIONER, AND DEL- International Security and Development Co- operation Act of 1985, 22 U.S.C. 2349aa-9(c), SUPPORTING RECOGNITION OF EGATES and pursuant to Executive Order 13313 of MALALA YOUSUFZAI The oath of office required by the July 31, 2003, a six-month periodic report on (Ms. JACKSON LEE of Texas asked sixth article of the Constitution of the the national emergency with respect to Iran and was given permission to address United States, and as provided by sec- that was declared in Executive Order 12170 of the House for 1 minute and to revise tion 2 of the act of May 13, 1884 (23 November 14, 1979; to the Committee on For- eign Affairs. and extend her remarks.) Stat. 22), to be administered to Mem- 8266. A letter from the Secretary, Depart- Ms. JACKSON LEE of Texas. Mr. bers, Resident Commissioner, and Dele- ment of the Treasury, transmitting as re- Speaker, there’s so much that we can gates of the House of Representatives, quired by section 401(c) of the National

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15091 Emergencies Act, 50 U.S.C. 1641(c), and sec- U.S.C. 801(a)(1)(A); to the Committee on Nat- NMFS, National Oceanic and Atmospheric tion 204(c) of the International Emergency ural Resources. Administration, transmitting the Adminis- Economic Powers Act, 50 U.S.C. 1703(c), a 8275. A letter from the Acting Deputy Di- tration’s final rule — Fisheries of the Exclu- six-month periodic report on the national rector, Office of Sustainable Fisheries, sive Economic Zone Off Alaska; Pollock in emergency with respect to Somalia that was NMFS, National Oceanic and Atmospheric Statistical Area 620 in the Gulf of Alaska declared in Executive Order 13536 of April 12, Administration, transmitting the Adminis- [Docket No.: 111207737-2141-02] (RIN: 0648- 2010; to the Committee on Foreign Affairs. tration’s final rule — Reef Fish Fishery of XC207) received October 15, 2012, pursuant to 8267. A letter from the Secretary, Depart- the Gulf of Mexico; Gulf of Mexico Individual 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Health and Human Services, trans- Fishing Quota Programs [Docket No.: Natural Resources. mitting Fiscal year 2011 Report to Congress 090206140-91081-03] (RIN: 0648-XC227) received 8283. A letter from the Director, Office of on Funding Needs for Contract Support October 15, 2012, pursuant to 5 U.S.C. Sustainable Fisheries, NMFS, National Oce- Costs of Self-Determination Awards; to the 801(a)(1)(A); to the Committee on Natural anic and Atmospheric Administration, trans- Committee on Natural Resources. Resources. mitting the Administration’s final rule — 8268. A letter from the Acting Deputy Di- 8276. A letter from the Acting Director, Of- Fisheries of the Caribbean, Gulf of Mexico, rector, Office of Sustainable Fisheries, fice of Sustainable Fisheries, NMFS, Na- and South Atlantic; Snapper-Grouper Fish- NMFS, National Oceanic and Atmospheric tional Oceanic and Atmospheric Administra- ery Off the Southern Atlantic States; Administration, transmitting the Adminis- tion, transmitting the Administration’s final Amendment 20A [Docket No.: 100812344-2449- tration’s final rule — Atlantic Highly Migra- rule — Fisheries of the Northeastern United 02] (RIN: 0648-AY74) received October 15, 2012, tory Species: Atlantic Bluefin Tuna Fish- States; Northeast Multispecies Fishery; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- eries [Docket No.: 120306154-2241-02] (RIN: Fishing Year 2012 Days-at-Sea Adjustment mittee on Natural Resources. 0648-XC162) received October 4, 2012, pursuant for Common Pool Fishery; Announcement of 8284. A letter from the Acting Deputy Di- to 5 U.S.C. 801(a)(1)(A); to the Committee on Fishing Year 2011 Sector Annual Catch Enti- rector, Office of Sustainable Fisheries, Natural Resources. tlement Carryover [Docket No.: 120109034- NMFS, National Oceanic and Atmospheric 8269. A letter from the Acting Deputy Di- 2153-02] (RIN: 0648-XC168) received October 15, Administration, transmitting the Adminis- rector, Office of Sustainable Fisheries, Na- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the tration’s final rule — Fisheries of the Exclu- tional Oceanic and Atmospheric Administra- Committee on Natural Resources. sive Economic Zone Off Alaska; Pacific Cod tion, transmitting the Administration’s final 8277. A letter from the Acting Deputy Di- in the Bering Sea and Aleutian Islands Man- rule — Magnuson-Stevens Act Provisions; rector, Office of Sustainable Fisheries, agement Area [Docket No.: 111213751-2102-02] Fisheries Off West Coast States; Biennial NMFS, National Oceanic and Atmospheric (RIN: 0648-XC224) received October 15, 2012, Specifications and Management; Inseason Administration, transmitting the Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Adjustments [Docket No.: 100804324-1265-02] tration’s final rule — Snapper-Grouper Fish- mittee on Natural Resources. (RIN: 0648-BC36) received October 4, 2012, pur- ery of the South Atlantic; Reopening of the 8285. A letter from the Service Officer, suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2012 Commercial Sector for Yellowtail Snap- American Gold Star Mothers, Inc., transmit- mittee on Natural Resources. per in the South Atlantic [Docket No.: ting the organization’s report and financial 8270. A letter from the Director, Office of 100812345-2142-03] (RIN: 0648-XC229) received audit for the year ending June 30, 2012; to the Sustainable Fisheries, NMFS, National Oce- October 15, 2012, pursuant to 5 U.S.C. Committee on the Judiciary. anic and Atmospheric Administration, trans- 801(a)(1)(A); to the Committee on Natural 8286. A letter from the Secretary, Depart- mitting the Administration’s final rule — Resources. ment of Education, transmitting the Depart- Spiny Lobster Fishery of the Gulf of Mexico 8278. A letter from the Acting Deputy Di- ment’s final rule — Adjustment of Civil Mon- and South Atlantic; Amendment 11; Correc- rector, Office of Sustainable Fisheries, etary Penalties for Inflation (RIN: 1801-AA12) tion [Docket No.: 110908576-2240-02] (RIN: NMFS, National Oceanic and Atmospheric October 11, 2012, pursuant to 5 U.S.C. 0648-BB44) received October 4, 2012, pursuant Administration, transmitting the Adminis- 801(a)(1)(A); to the Committee on the Judici- to 5 U.S.C. 801(a)(1)(A); to the Committee on tration’s final rule — Fisheries of the Exclu- ary. 8287. A letter from the General Counsel, Natural Resources. sive Economic Zone Off Alaska; Pollock in National Tropical Botanical Garden, trans- 8271. A letter from the Acting Director, Of- Statistical Area 610 in the Gulf of Alaska mitting the annual audit report for the Na- fice of Sustainable Fisheries, NMFS, Na- [Docket No.: 111207737-2141-02] (RIN: 0648- tional Tropical Botanical Garden for the pe- tional Oceanic and Atmospheric Administra- XC206) received October 15, 2012, pursuant to riod from January 1, 2011 through December tion, transmitting the Administration’s final 5 U.S.C. 801(a)(1)(A); to the Committee on 31, 2011, pursuant to 36 U.S.C. 4610; to the rule — Fisheries of the Exclusive Economic Natural Resources. Committee on the Judiciary. Zone Off Alaska; Shallow-Water Species 8279. A letter from the Director, Office of 8288. A letter from the Clerk, United States Fishery by Vessels Using Trawl Gear in the Sustainable Fisheries, NMFS, National Oce- Court of Appeals, transmitting an opinion of Gulf of Alaska [Docket No.: 111207737-2141-02] anic and Atmospheric Administration, trans- the United States Court of Appeals for the (RIN: 0648-XC204) received October 4, 2012, mitting the Administration’s final rule — Third Circuit, C.A. No. 09-4541, Maribel pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Magnuson-Stevens Act Provisions; Fisheries Delrio-Mocci, et al v. Connolly Properties, mittee on Natural Resources. Off West Coast States; Pacific Coast Ground- Inc., (February 24, 2012); to the Committee 8272. A letter from the Director, Office of fish Fishery; Correction [Docket No.: on the Judiciary. Sustainable Fisheries, NMFS, National Oce- 120403252-2392-01] (RIN: 0648-BC06) received 8289. A letter from the Director, Regu- anic and Atmospheric Administration, trans- October 4, 2012, pursuant to 5 U.S.C. latory Review Group, Department of Agri- mitting the Administration’s final rule — 801(a)(1)(A); to the Committee on Natural culture, transmitting the Department’s final Main Hawaiian Islands Deep 7 Bottomfish Resources. rule — Suspension of End-Use Certificate Annual Catch Limits and Accountability 8280. A letter from the Acting Deputy Di- Program Requirements received October 4, Measures for 2012-13 [Docket No.: 120628195- rector, Office of Sustainable Fisheries, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2414-02] (RIN: 0648-XC089) received October 4, NMFS, National Oceanic and Atmospheric Committee on Ways and Means. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Administration, transmitting the Adminis- 8290. A letter from the Chief, Trade and Committee on Natural Resources. tration’s final rule — Fisheries of the North- Commercial Regulations Branch, Depart- 8273. A letter from the Director, Office of eastern United States; Northeast Multispe- ment of Homeland Security, transmitting Sustainable Fisheries, NMFS, National Oce- cies Fisheries Management Plan; Northern the Department’s final rule — United States- anic and Atmospheric Administration, trans- Red Hake Quota Harvested [Docket No.: Peru Trade Promotion Agreement [USCBP- mitting the Administration’s final rule — 110816505-2184-03] (RIN: 0648-XC201) received 2011-0043] (RIN: 1515-AD79) received October Atlantic Highly Migratory Species; Lifting October 15, 2012, pursuant to 5 U.S.C. 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to Trade Restrictive Measures [Docket No.: 801(a)(1)(A); to the Committee on Natural the Committee on Ways and Means. 120510051-2335-02] (RIN: 0648-BC16) received Resources. 8291. A letter from the Chief, Publications October 4, 2012, pursuant to 5 U.S.C. 8281. A letter from the Acting Deputy Di- and Regulations Branch, Internal Revenue 801(a)(1)(A); to the Committee on Natural rector, Office of Sustainable Fisheries, Service, transmitting the Service’s final rule Resources. NMFS, National Oceanic and Atmospheric — Update of Weighted Average Interest 8274. A letter from the Director, Office of Administration, transmitting the Adminis- Rates, Yield Curves, and Segment Rates [No- Sustainable Fisheries, NMFS, National Oce- tration’s final rule — Fisheries of the North- tice 2012-64] received October 16, 2012, pursu- anic and Atmospheric Administration, trans- eastern United States; Bluefish Fishery; ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Administration’s final rule — Quota Transfer [Docket No.: 1202010086-2418- on Ways and Means. Temporary Rule To Establish Management 02] (RIN: 0648-XC235) received October 15, 8292. A letter from the Chief, Publications Measure for the Limited Harvest and Posses- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Regulations Unit, Internal Revenue sion of South Atlantic Red Snapper in 2012 Committee on Natural Resources. Service, transmitting the Service’s final rule [Docket No.: 120709225-2365-01] (RIN: 0648- 8282. A letter from the Acting Deputy Di- — Fringe Benefits Aircraft Valuation For- BC32) received October 4, 2012, pursuant to 5 rector, Office of Sustainable Fisheries, mula (Rev. Rul. 2012-27) received October 16,

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15092 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 13, 2012 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the THOMPSON of Mississippi, Mr. RICH- ADDITIONAL SPONSORS Committee on Ways and Means. MOND, Mr. SCOTT of Virginia, Ms. 8293. A letter from the Chief, Publications FUDGE, Mr. PERLMUTTER, Mr. Under clause 7 of rule XII, sponsors and Regulations Branch, Internal Revenue CLEAVER, Mr. CLYBURN, Ms. KAPTUR, were added to public bills and resolu- Service, transmitting the Service’s final rule and Mr. YODER): tions as follows: — Applicable Federal Rates — November 2012 H.R. 6588. A bill to award a Congressional H.R. 718: Mrs. EMERSON and Ms. BONAMICI. (Rev. Rul. 2012-30) received October 17, 2012, Gold Medal to Malala Yousufzai, in recogni- H.R. 719: Mr. GARAMENDI. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion of her devoted service to education, jus- H.R. 812: Mr. ISRAEL. mittee on Ways and Means. tice, and equality in Pakistan; to the Com- H.R. 973: Mr. YODER. 8294. A letter from the Chief, Publications mittee on Financial Services. H.R. 1084: Ms. CHU. and Regulations, Internal Revenue Service, f H.R. 1381: Mr. RANGEL. transmitting the Service’s final rule — RIC H.R. 1426: Mr. ANDREWS. Modernization Act Capital Loss MEMORIALS H.R. 1477: Ms. CASTOR of Florida. Carryforward Effective Date (Rev. Rul. 2012- H.R. 1489: Ms. ROYBAL-ALLARD. 29) received October 2, 2012, pursuant to 5 Under clause 3 of rule XII, memorials were presented and referred as follows: H.R. 1546: Ms. BONAMICI. U.S.C. 801(a)(1)(A); to the Committee on H.R. 1568: Mr. CLAY. Ways and Means. 289. The SPEAKER presented a memorial H.R. 1862: Mr. VAN HOLLEN. 8295. A letter from the Assistant Director of the Senate of the State of California, rel- H.R. 1886: Mr. FARR. for Legislative Affairs, Consumer Financial ative to Senate Joint Resolution No. 29 sup- H.R. 1887: Mr. FARR. porting the Department of Justice’s inves- Protection Bureau, transmitting the Annual H.R. 1888: Mr. FARR. tigation into whether state legislatures are Report of the Student Loan Ombudsman; H.R. 2016: Mr. LARSEN of Washington and discriminating against and suppressing the jointly to the Committees on Financial Ms. ESHOO. vote of minorities, senior citizens, young Services and Education and the Workforce. H.R. 2086: Mr. LOEBSACK. adults or those with physical disabilities or f H.R. 2151: Mr. ELLISON. limited economic means; to the Committee H.R. 2353: Mr. GERLACH. on the Judiciary. REPORTS OF COMMITTEES ON H.R. 2437: Ms. MCCOLLUM. 290. Also, a memorial of the House of Rep- PUBLIC BILLS AND RESOLUTIONS H.R. 2479: Mrs. DAVIS of California and Mr. resentatives of the State of Michigan, rel- MANZULLO. Under clause 2 of rule XIII, reports of ative to House Resolution No. 325 urging the H.R. 2547: Mr. RANGEL. committees were delivered to the Clerk Congress to provide funding to the United H.R. 2607: Mr. GUTIERREZ. for printing and reference to the proper States Army Corps of Engineers for dredging H.R. 2634: Mr. LANGEVIN. harbors of refuge and maintaining seawalls; calendar, as follows: H.R. 2701: Mr. LANGEVIN. to the Committee on Transportation and In- Mr. DREIER: Committee on Rules. House H.R. 2950: Ms. CHU. frastructure. Resolution 808. Resolution providing for con- H.R. 3085: Mr. PENCE and Mr. GUTHRIE. 291. Also, a memorial of the Senate of the sideration of the bill (H.R. 6156) to authorize H.R. 3151: Mr. WAXMAN. State of California, relative to Senate Joint the extension of nondiscriminatory treat- H.R. 3269: Mr. PERLMUTTER. Resolution No. 30 supporting the Social Se- ment (normal trade relations treatment) to H.R. 3334: Ms. WATERS. curity Fairness Act of 2011; to the Com- products of the Russian Federation and H.R. 3506: Ms. KAPTUR. Moldova and to require reports on the com- mittee on Ways and Means. 292. Also, a memorial of the Senate of the H.R. 3510: Mr. RANGEL and Mr. PETERS. pliance of the Russian Federation with its H.R. 3612: Mrs. MCCARTHY of New York, Mr. obligations as a member of the World Trade State of Michigan, relative to Senate Reso- lution No. 134 urging the Congress to change SABLAN, and Mr. CONYERS. Organization, and for other purposes (Rept. H.R. 3618: Ms. HIRONO. 112–693). Referred to the House Calendar. the eligibility requirements for Social Secu- rity Disability Insurance and Supplementary H.R. 3634: Mr. PASCRELL and Mr. WOMACK. f Security Income benefits; to the Committee H.R. 3769: Ms. SCHWARTZ. on Ways and Means. H.R. 3821: Mr. SIRES. PUBLIC BILLS AND RESOLUTIONS H.R. 4122: Mr. TONKO, Mr. FILNER, Mr. f Under clause 2 of rule XII, public GEORGE MILLER of California, Mrs. MCCAR- THY of New York, Mr. CAPUANO, Mr. CRITZ, bills and resolutions of the following CONSTITUTIONAL AUTHORITY Ms. BASS of California, and Ms. CHU. STATEMENT titles were introduced and severally re- H.R. 4202: Ms. BORDALLO. ferred, as follows: Pursuant to clause 7 of rule XII of H.R. 4271: Mrs. CHRISTENSEN and Mr. WATT. By Mr. GALLEGLY (for himself, Ms. the Rules of the House of Representa- H.R. 4323: Mr. MARCHANT. RICHARDSON, and Mr. MCKEON): tives, the following statements are sub- H.R. 5943: Mr. OLSON. H.R. 6587. A bill to designate the facility of mitted regarding the specific powers H.R. 6239: Mr. LUETKEMEYER. the United States Postal Service located at granted to Congress in the Constitu- H.R. 6273: Mr. CUMMINGS. 225 Simi Village Drive in Simi Valley, Cali- H.R. 6381: Mr. CLAY. fornia, as the ‘‘Postal Inspector Terry As- tion to enact the accompanying bill or H.R. 6409: Mr. TIERNEY. bury Post Office Building’’; to the Com- joint resolution. H.R. 6421: Ms. LORETTA SANCHEZ of Cali- mittee on Oversight and Government Re- By Mr. GALLEGLY: fornia. form. H.R. 6587. H.R. 6454: Ms. ZOE LOFGREN of California. By Ms. JACKSON LEE of Texas (for Congress has the power to enact this legis- H.R. 6483: Mrs. DAVIS of California. herself, Mr. VAN HOLLEN, Mr. DAVIS lation pursuant to the following: H.R. 6506: Mr. ISRAEL. of Illinois, Mr. CARSON of Indiana, This bill is enacted pursuant to Article I, H.R. 6514: Mr. FRANK of Massachusetts. Mr. CICILLINE, Mr. BRADY of Pennsyl- Section 8, Clause 7 of the United States Con- H.R. 6575: Mr. GOODLATTE. vania, Ms. SLAUGHTER, Ms. NORTON, stitution, it is the power of Congress to ‘‘Es- H. Res. 111: Mr. REED and Ms. HIRONO. Mr. SIRES, Mr. TOWNS, Ms. SCHWARTZ, tablish Post Offices . . .’’. H. Res. 134: Ms. JENKINS. Ms. RICHARDSON, Ms. MCCOLLUM, Mrs. By Ms. JACKSON LEE of Texas: H. Res. 298: Mr. CARNEY. DAVIS of California, Mr. AL GREEN of H.R. 6588. H. Res. 387: Mr. STARK. Texas, Mrs. MALONEY, Mr. PETERS, Congress has the power to enact this legis- H. Res. 601: Mr. MARCHANT. Mrs. NAPOLITANO, Mr. CULBERSON, lation pursuant to the following: H. Res. 650: Ms. SCHAKOWSKY. Mr. FARENTHOLD, Mr. CONYERS, Mr. This bill is enacted pursuant to the power H. Res. 760: Mr. BLUMENAUER, Mr. HONDA, PALLONE, Ms. SEWELL, Ms. EDDIE granted to Congress under Article 1, Section and Mr. CONNOLLY of Virginia. BERNICE JOHNSON of Texas, Mr. 8, Clause 1 of the United States Constitution. H. Res. 789: Mr. KLINE.

VerDate Sep 11 2014 12:44 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR12\H13NO2.000 H13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15093 SENATE—Tuesday, November 13, 2012

The Senate met at 2 p.m. and was some it was a nice break. For others it those making less than $250,000 a year. called to order by the Honorable JIM was a lot of hard work. We welcome ev- This Congress is but one vote away WEBB, a Senator from the Common- eryone back and look forward to a very from avoiding the fiscal cliff for mid- wealth of Virginia. productive next 6 weeks. dle-class families and small businesses. SCHEDULE As influential conservative Bill PRAYER Mr. President, the Senate is consid- Kristol said this week: The Chaplain, Dr. Barry C. Black, of- ering the motion to proceed to S. 3525, Let’s have a serious debate. . . . It won’t fered the following prayer: the Sportsmen’s Act, postcloture. At kill the country if we raise taxes a little bit Let us pray. 5:30 p.m., there will be a rollcall vote on millionaires. It really won’t. Eternal Father, our shelter in the on the motion to proceed to the legisla- So said Bill Kristol. time of storm, bless the Senators who tion. So solutions are in our grasp. We are preparing to leave and those who FACING GREAT CHALLENGES only have to make the choice to pull are coming. As we turn to a new chap- Mr. President, for the last year, the together instead of pulling apart. ter in our Nation’s history, we ask for country has been focused on the dif- The hands of the Democratic Caucus Your guidance. We need You to guide ference between Republicans and are reaching toward our Republican us through the labyrinthine seasons of Democrats. And for the last 2 years, friends, our Republican colleagues. I history, for we are weak but You are this Congress has not accomplished urge the Republicans to join us to do mighty. Lord, guide us with Your nearly enough. But as we close the the difficult but necessary work that is faithful Hands, becoming for this great 112th Congress, it is time to focus on ahead. land our strength and shield. Strength- our shared goals and our common pur- If there is a message to take away en our weakness, comfort us in trouble pose. from this year’s election, it is this: and distress, and empower us to fight We all agree, I hope, that today— Americans are tired of the politics of the good fight of faith. now—great challenges face our country division. They are tired of obstruction We pray in the Name of Him who is and this Congress. Those challenges are and distraction. The American people— the way, the truth, and the life. Amen. large—too large to be solved by Demo- Democrats and Republicans—want co- operation and conciliation. f crats alone. They are too large to be undertaken by Republicans alone. And I urge any of my Republican col- PLEDGE OF ALLEGIANCE they are too grave for us to allow polit- leagues who are considering the same strategy of obstruction to turn away The Honorable JIM WEBB led the ical differences to stand in the way of Pledge of Allegiance, as follows: success. from the divisions of the past and join On the day Gerald Ford became in cooperation, compromise, and con- I pledge allegiance to the Flag of the sensus. United States of America, and to the Repub- President of the United States, at a lic for which it stands, one nation under God, time of great national turmoil, he said: Gridlock is not the solution. It is the problem. indivisible, with liberty and justice for all. There is no way we can go forward except How this Congress deals with the f together and no way anybody can win except by serving the people’s urgent needs. We can- challenges ahead will be the test of our APPOINTMENT OF ACTING not stand still or slip backwards. We must go character, both as individuals and as a PRESIDENT PRO TEMPORE forward now together. body politic—the U.S. Senate. The PRESIDING OFFICER. The So said Gerald Ford. As the British playwright John clerk will please read a communication Mr. President, that is as true today Osborne said: to the Senate from the President pro as it was back then. Today the Amer- They spend their time mostly looking for- ward to the past. tempore (Mr. INOUYE). ican people have many urgent needs. The legislative clerk read the fol- They need more jobs. They need eco- We cannot look back. We must show lowing letter: nomic certainty. They need oppor- the American people we are equal to U.S. SENATE, tunity and fairness. the challenges we now face. The chal- PRESIDENT PRO TEMPORE, It is within our power as a Congress lenges are here. We know the chal- Washington, DC, November 13, 2012. to quickly address these urgent needs. lenges. We see the challenges. We can To the Senate: It is within our power to forge an feel the challenges. Under the provisions of rule I, paragraph 3, agreement that will give economic cer- There are many reasons why—as we of the Standing Rules of the Senate, I hereby tainty now to middle-class families wind down this 112th Congress and em- appoint the Honorable JIM WEBB, a Senator who can least afford a tax hike. bark upon the 113th—we must succeed. from the Commonwealth of Virginia, to per- It is within our power to forge an But the best illustration of our form the duties of the Chair. duty—our obligation—comes from the DANIEL K. INOUYE, agreement that will ask the richest of President pro tempore. the rich—the most fortunate among words of Medal of Honor recipient DAN- us—to pay a little extra to reduce the IEL INOUYE. Senator INOUYE’s son asked Mr. WEBB thereupon assumed the deficit and secure our economic future. his dad why—after people were des- chair as Acting President pro tempore. It is within our power to forge an ignated as enemy aliens, after being f agreement that will protect important put in internment camps—why did he SPORTMEN’S ACT OF 2012—MOTION tax deductions for families and busi- and the members of the famed 442nd TO PROCEED—Resumed nesses still struggling. Regimental Combat Team fight hero- It is within our power to forge an ically the way they did. RECOGNITION OF THE MAJORITY LEADER agreement that will take a balanced Asked why he fought, Senator INOUYE The ACTING PRESIDENT pro tem- approach to reduce spending. told his son—many years after the bat- pore. The majority leader is recog- In fact, we could avert the fiscal cliff tle had ended and Lieutenant INOUYE’s nized. for 98 percent of American families and wounds had healed—that he fought WELCOME TO EVERYONE 97 percent of small businesses today. ‘‘for the children.’’ Senator INOUYE said Mr. REID. Mr. President, after our The House must only consider the Sen- that he fought for the children. So I election, I welcome everyone back. For ate-passed bill freezing tax rates for say to my colleagues—Democrats and

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

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15094 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 Republicans—we must legislate, legis- realizes that he was elected to rep- create jobs, and give more people an late for our children. They deserve it. resent all of its citizens, not just the opportunity to lift themselves up, We owe them the future. ones who voted to give him a second boosting middle-class incomes now and It is time for Democrats and Repub- term last Tuesday, then he will seek ensuring security for the future. This licans to go forward now together—‘‘go the common ground that he largely is the kind of vision Speaker BOEHNER forward now together,’’ as Gerald Ford avoided so strenuously in his first laid out for the country last week. I said—and show the American people term. That is his task. That is the duty cannot think of any good reason the that we are equal to the challenges we that comes with being President. President would not embrace it. face. The challenges are there. We I hope that in this term he rises to Some on the other side have said we must face them and face them to- the challenge. It starts by realizing should just go off the cliff—just go off gether. that he is the only man in America the cliff—and hope for the best. I do RECOGNITION OF THE MINORITY LEADER who can sign a piece of legislation into not think that is what the American The ACTING PRESIDENT pro tem- law—the only one of the 306 million people had in mind when they went to pore. The Republican leader is recog- Americans—and that while voters have the polls last week. I think what they nized. given him a second term, they have had in mind was that we put the con- also given those of us in Congress the test of the past 2 years behind us and THE ELECTIONS power and the duty to ensure that he work it out. Mr. MCCONNELL. Mr. President, I uses that power wisely. And that is, of The best way forward and the way want to begin by welcoming all the course, what we intend to do. that will lead to jobs and growth, a new Members who are here today, Re- The campaign is over. The time for smaller deficit, and fewer political publican and Democrat. Congratula- slogans and pep rallies is past. If the fights is to keep everybody’s tax rates tions on your victories, and welcome to President is serious about solving cur- right where they are for now, to figure the Senate. I assure you, it is not as rent crises and avoiding future ones, he out a way to avoid the automatic de- terrible a job as some say it is. We wel- has to step up and to lead. fense cuts scheduled to hit at the end come your ideas, your energy, and your So let me be clear: When it comes to of the year without cutting a penny enthusiasm, and we wish you every the great economic challenges of the less than we promised and committing success in your time here. moment, saying that you want a bal- to the kind of comprehensive tax and I also want to congratulate the Presi- anced approach is not a plan. Saying entitlement reform that we all claim dent and the Vice President on their people need to pay their fair share is we want. hard-fought victory last week. And I not a plan. The tedious repetition of A simpler Tax Code that lowers rates wish to say a brief word of thanks to poll-tested talking points is simply and clears out certain deductions and our own nominees as well, Governor that. The longer the President uses special interest loopholes would trigger Romney and Congressman RYAN. They them as a substitute for leadership, the economic growth, create jobs, and re- may not have won the race, but they more difficult it will be to solve our sult in more revenue without raising earned our respect and admiration in many problems. anyone’s rates. We know this because the effort. They fought valiantly—val- The time for the President to lead is we have seen it before. It actually iantly—for the cause of limited govern- now, and that means offering a con- works. ment, free enterprise, opportunity for crete plan that takes into account the Personally, I do not think Wash- all, and a stronger social safety net fact that half the Congress opposes tax ington should get any of that extra that is there when people need it most. hikes—not because we are selfish, not revenue. I do not think we need it. As In short, they fought for the kind of because we are stubborn, but we know I have said many times before: Wash- constitutional conservatism so many it is the wrong thing to do, we know it ington’s problem is not that it taxes Americans believe in so very strongly. will hurt the economy, and we know it too little but that it spends too much. And their loss does nothing to diminish will destroy jobs. This is not partisan But in a good-faith effort to make the importance of these enduring prin- politics. It is economics. As the Presi- progress on boosting the economy and ciples or our commitment to keep dent might say, it is math. government’s long-term solvency, Re- fighting for them. So we thank them, According to a recent independent, publicans like me have said for more and we thank their families, for mak- nonpartisan study, raising tax rates on than a year now that we are open to ing the sacrifices any Presidential top earners, as the President has pro- new revenue in exchange for meaning- campaign demands. And I want to as- posed, would destroy over 700,000 jobs. ful reforms to the entitlement pro- sure everyone: The cause goes on. It would slow the economy, meaning grams that are the primary drivers of Now onto the task at hand. less revenue would come into the our debt, so that we can reduce the def- AVOIDING THE FISCAL CLIFF Treasury. As a result, it would not do icit, protect these programs for today’s In politics there is always a tempta- much to reduce the deficit, even if seniors, and strengthen them for future tion among those who win office to Democrats actually followed through generations. think they have a mandate to do what and used it for that purpose. So new revenue must be tied to gen- they will. But it is important to re- Think about it: The amount of rev- uine entitlement changes that member that in this case the voters enue for which they are prepared to strengthen these programs for the fu- also reelected a Republican-controlled push us over the fiscal cliff would not ture and preserve them and also ad- House last week and a closely divided fund the government for a week. Let dress our long-term debt and deficit Senate. And in a government of three me say that again. The amount of rev- problems. In other words, we would do equal branches, that is hardly irrele- enue for which they are prepared to it if we thought we could make vant. push us over the cliff would not fund progress in creating more middle-class Most people may focus on the White the government for 1 week. jobs and address what is by far the sin- House, but the fact is the government So why in the world would we want gle biggest obstacle to fiscal balance. is organized no differently today than to do that? What is the point? To make This is the basic outline of a plan, and it was after the Republican wave of people feel good about whacking some- it reflects our seriousness as a party. 2010. body else? That is not what we were So make no mistake, Republicans are Look out across the heartland and sent here to do. offering bipartisan solutions. Now it is you will see vast regions of the country That is certainly not what the people the President’s turn. It is his turn to wary of the President’s vision for the of Kentucky sent me here to do. That demonstrate similar seriousness, bring future. The country is sharply divided is not how you set economic policy— his party to the table, and take the about the right path forward. If the because it makes you feel good. You lead. We are ready to find common President wants to unite America, as set economic policy because you think ground, ready to find common ground he has always claimed to, if he truly it will lead to investment in America, on revenue—not as I said because any

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15095 of us actually thinks the government tract bipartisan solutions. Meanwhile, ELECTION RESULTS needs any more of it, but because all we get from Democrats is letters Mr. DURBIN. Mr. President, today is Democrats, from the President on saying they will not even consider re- November 13. I think what strikes me down, have said they are willing to forming the very programs that lie at about this date is it has only been 7 punish everyone if they do not get it. the heart, the very heart of our fiscal days since the election. It seems like a We are not about to let that happen, imbalance. lot longer. Maybe it is because the but we are also not about to further Instead of showing faith and a will- election campaign itself felt so long. weaken the economy by raising tax ingness to solve the problem, we get But it has been 7 days since the Amer- rates and hurting jobs. the same tired talking points that we ican people went out and voted. Look, this should not be that dif- cannot cut our way to prosperity. Well, I have to say this: It was not just be- ficult. Recent history gives us two ex- that may poll well, but it is not a plan. cause of the victory of the President amples of Presidents who solved big It is a cliche that is meant to shut which was important to many of us, problems by finding common ground down debate and prevent a serious pro- but it was quite a validation of this with the other side. Ronald Reagan did posal from ever taking shape. country and this democracy that mil- it with a Democratic-led House after a So how do we get around the stale- lions of Americans made the personal far more resounding second-term vic- mate? That is simple. Presidential sacrifice, took the time, and went to tory than President Obama’s, as did leadership. Let me repeat. There is the polling places and actually cast a Bill Clinton with a Republican-con- only one person in America out of 360 vote. When it was all over, thank the trolled House and a Republican-con- million Americans who can sign some- Lord, it was decisive. The President trolled Senate after a more resounding thing into law and, even more impor- won a majority of the popular vote as second-term victory than President tantly, deliver the members of his well as a strong majority of electoral Obama’s. Both examples, both of them, party to support a deal that he makes. votes. The outcome was not in sus- illustrate the rare opportunity that di- We will arrive at a plan when the pense or in doubt when it was all over. vided government presents. President presents one or we will not That was good for the process, it was President Obama can follow suit or get anywhere at all. That is how we get good for our country, and, quite frank- he can take the extremist view that out of a jam. That is what the moment ly, it is time for us to move forward. both Reagan and Clinton rejected by requires. It is the President’s move. During the course of the campaign, I thumbing his nose at the other side There is no way we can avert these job- was actively working in my State of Il- and insisting that if Republicans are killing tax hikes before they strike and linois, around the Midwest, on behalf of not willing to do things his way, he replace the defense portion of the so- the President. I was at one of these will not do anything at all. If the called sequester with cuts of equal size spin rooms, which is kind of hard to de- in areas that both sides have already President is serious, he will follow the scribe. You will not find it in the Con- agreed to during last summer’s debt lead of Presidents Reagan and Clinton. stitution. It is hard to describe. After limit negotiations. We can do all of it If he is really serious, he will put the the debates there was this scrum of in the weeks ahead with a promise to campaign rhetoric aside, propose a re- politicians and spokesmen who stood do even bigger things next year. alistic solution that can pass a Repub- That is exactly what we should do. together under little signs with their lican-controlled House and a divided This is one of those moments where the names on them waiting for the press to Senate, and work to get it done. And if only thing standing between success come up to them and say: What did you the President acts in this spirit, I have and failure is Presidential leadership. see? What do you think? no doubt he will have the support of his That is why we are calling on the I was in one of those. I can’t remem- own party and a willing partner in President to seize the moment—seize ber where it was. I think it might have ours. the moment and do something he has been New York at Hofstra after one of The American people will breathe a not done before but which successful the Presidential debates. One of the re- sigh of relief knowing not only that we predecessors have so often done before. porters said to me: So, Mr. DURBIN, I have avoided a crisis but Washington We are calling on him to lead, to know you are here supporting Presi- can still serve their interests. Unless take the initiative, propose a plan that dent Obama. What are you going to do we act in a few short weeks, Americans is actually designed to succeed. If he if Governor Romney wins and becomes will face a combination of defense cuts does, I am confident he will find he has President? and automatic tax hikes that threaten more Republican friends over here than I said: Well, I am going to respect to plunge us into another recession and he thought. I am not asking the Presi- him, do everything I can to work with undermine at the same time our na- dent to agree with us on the proper him to solve the problems of this coun- tional defense. This looming crisis is role of government or the dangers of a try. made worse by the backdrop of a mas- creeping regulatory state. I am not Do you know what he said? He said: sive Federal debt that we will never be asking him to adopt our principles. I I am going to hold you to that. Well, he able to tackle as long as Democrats am simply asking him to respect our should. That is the responsibility we refuse even the smallest of reforms to principles by not insisting that we all have regardless of party, to work strengthen and protect the entitlement compromise them because I assure you with the President to solve our Na- programs that are driving that debt. we will not. But we will be happy to tion’s problems. That is why Republicans have re- work with him on a plan to avert the Now, there were some who said 4 mained firm on this point: Any serious coming crisis and lay the groundwork years ago that when they viewed the solution, any serious solution, must in- for further success down the road. new President, President Obama, their clude real spending cuts and meaning- Let’s put the campaign behind us and goal was to make sure, above all, that ful entitlement reforms to strengthen get the job done. he was a one-term President. That was and protect these programs for future I yield the floor. an unfortunate statement because it generations. We got into this mess be- RESERVATION OF LEADER TIME suggested that solving problems and cause we promised cuts that never ma- The ACTING PRESIDENT pro tem- dealing with our challenges was sec- terialized and because we could not pore. Under the previous order, the ondary to a political victory. I hope muster the will to match entitlements leadership time is reserved. that in the second term the President with the changing demographics of our The Senator from Illinois. can turn to both sides of the aisle in country. Mr. DURBIN. Mr. President, I ask Congress and find support for solving We are not going to get out of it unanimous consent to speak as in our Nation’s problems. They are many. until we agree to do both, and agree to morning business. The first one is this fiscal cliff which do it together. Republicans have The ACTING PRESIDENT pro tem- Americans are hearing more and more reached out, made offers beyond our pore. Without objection, it is so or- about. On December 31 of this year preferred approach in an effort to at- dered. laws will expire and things are going to

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15096 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 happen. What will happen is taxes will able. Those who have been blessed with marched up Constitution Avenue to go up across the board, not just on the success and comfort in life and doubly dedicate the National Vietnam Vet- wealthy but on everyone. There will be blessed by being part of this great Na- erans Memorial, on whose polished cutbacks in unemployment compensa- tion should be wanting to pay back a granite walls were etched the names of tion, cutbacks in the payroll tax, 2-per- little to help us get through this eco- nearly 58,000 dead and missing com- cent cuts. There will be a lot of dif- nomic challenge, and I think they will. rades-in-arms. ferent changes that affect a lot of peo- I genuinely think they will. I also be- Here is a photograph that was taken ple. We are going to see automatic cuts lieve those who are in the middle-in- that day. This is Joseph Ambrose of in spending, sequestration as we call it, come categories, working families, Joliet, IL. Mr. Ambrose was 86 years both on the defense side and non- need to be spared a tax increase. Many old then. He is wearing the same uni- defense side. of them are struggling paycheck to form he wore as a 19-year-old U.S. Many people have said: Well, who paycheck. It isn’t an easy economy in Army private in France in World War I. dreamed this up? And the honest an- which to raise a child, put a child In his arms he carries a flag, the flag swer is all of us in Congress, Democrats through college or keep your home or that covered the coffin of his son who and Republicans, together with the make plans for the future. We need to gave his life for our country in Korea. President created this so-called fiscal give those working families a helping Joseph Ambrose wore his old Army cliff, and we voted for it. The Repub- hand to make sure they don’t face a ‘‘doughboy’’ uniform and carried his lican leader of the Senate was here a tax rise. son’s flag often to Veterans Day pa- few minutes ago. He voted in favor of The President said the other day that rades and VFW conventions. He con- it. I did too. we have a bill pending before the House fessed that some years he had to go on The idea was to have a December 31 that would spare those families making a crash diet to get back into the uni- deadline that was so imposing and so $250,000 or less a year from seeing a tax form, but he did it to honor the vet- threatening that we would do some- increase, and he asked the House to erans of Vietnam and Korean wars that thing to avoid it. We created a super- pass it. I hope they will. That means he believed Americans needed to re- committee to reduce the deficit, with we can focus on taxes only for those in member, and he wanted to remind us of equal numbers of Democrats and Re- higher income categories. The Senator an important truth, that no matter the publicans, and said: Find a way out of from Kentucky said, well, it doesn’t outcome of the war, those who answer this deficit mess so we can avoid this raise that much money. I beg to differ. the call of duty and risk everything to cliff. If we impose a tax on those making defend our country deserve the respect They could not. They were unable to over $250,000 a year, and if we go back of a grateful nation. In the 30 years since its dedication, reach an agreement. So now this De- pre-Bush tax cuts, it raises $800 billion the Vietnam Veterans Memorial has cember 31 deadline is looming. It is one over 10 years. That is not insubstan- become an almost sacred place of re- that ought to sharpen our senses and tial. It is an important sum that we membering, reconciliation, and heal- our attention on solving the problems need to have to move toward a budget ing. It has a special impact on visitors. that face this country. They are sub- that is closer to being in balance. We I was one. As you walk down that in- stantial. have to include it. We need to look at cline and this polished granite monu- First, we need to get out of this re- entitlement programs in an honest ment starts to loom higher and higher, cession. We are moving forward but fashion. We need to make sure that at and the names grow until you are en- slowly. We need to make sure that the end of the day the Social Security gulfed by them, you have a feeling of whatever we do in Congress it moves us system is there for generations to the immensity of sacrifice that was in- in the direction of creating more jobs come, and Medicare, which is so impor- volved in that war. and strengthening business and making tant to 40 or 50 million Americans, will This past weekend in Chicago and us more competitive in the 21st-cen- be there for many years to come as Quincy, IL, big cities and small alike tury economy. well. That is part of our responsibility. across America communities held Vet- But secondly, as important, we need I welcome the statement by the Sen- erans Day parades. Volunteers assem- to deal with the deficit, a deficit which ator from Kentucky. I take him at his bled and sent thank-you packages to requires us to borrow 40 cents for every word that he is willing to work with the troops serving overseas. I was at dollar we spend in Washington. That is the President. He has called on the Union Station in Chicago yesterday. unsustainable. I say that as a Demo- President to lead, and that is only Fifth Third Bank sponsored the send- crat. Republicans say it as well. We right; the President is the leader of our ing of these packages to those who are have got to balance the two, keep the Nation. currently serving. It is all good and it economy moving forward and yet make I might also add that we need leader- is important, but it is only a fraction a serious commitment to deficit reduc- ship in Congress as well, Democrats of what we owe to veterans. tion. and Republicans willing to sit down at Mr. President, I want to give special I was on the Bowles-Simpson Presi- a table and reasonably work out our thanks to you and a special shout-out dential commission which President differences. It is not easy, but we can for what you have accomplished in Obama created. There were 18 of us. do it and we should do it. your service in the Senate. I remember Eleven of us voted for the commission VETERANS DAY 2012 the first time we ever sat down and had report, a bipartisan report, and I still Mr. DURBIN. Mr. President, we have any serious conversation about your believe that it contains the basic ingre- heard a lot about the wealthiest 1 per- service in the Senate for the State of dients for finding our way through this cent of Americans, and on this session Virginia, and you told me your No. 1 challenge. I hope we could have support after Veterans Day I wish to talk about priority was a new GI bill. You were from the other side of the aisle. another 1 percent, the 1 percent who brand new to this place, but you sure I listened carefully to the speech just have volunteered to defend us. I want knew that subject inside and out. I re- given by the Senator from Kentucky, to say a few words about veterans in spected you so much for it and respect and he said repeatedly that the elec- earlier wars. Thirty years ago, thou- you even more for sticking with it. tion is behind us, we need to work to- sands of veterans of the Vietnam war Your determination led to the creation gether. That is exactly the right thing came home. They gave themselves a of a new GI bill. Thousands—thou- to say. It means we have to ask the Re- homecoming parade that they deserved sands—of veterans are going to have publican side that they join us in find- but almost none had ever received. The better lives and their families as well ing revenue. We know we need more in Presiding Officer here from Virginia, I because you were determined to make tax revenue to deal with this deficit. know as a Senator and as an ace Viet- it happen. The President has proposed that those nam veteran, knows of what I speak. I know you are retiring and nearing making over $250,000 a year pay a little With wounded veterans in wheel- the end of your term here in the Sen- more. I don’t think that is unreason- chairs leading the parade, they ate, but it is a lasting contribution to

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this country, and I am glad that since where he wants to be, receiving the World War II; Senator DANNY INOUYE, a it was at the top of your list when you kind of care he deserves for service to Medal of Honor recipient from World arrived that you got it done. Some our country. So far more than 130 fami- War II; Senator JOHN MCCAIN, Senator Senators spend a lifetime around here lies in Illinois and more than 5,000 na- TOM CARPER, Senator KERRY, and the and never get No. 1 on the list accom- tionwide are part of the caregivers pro- Presiding Officer, Senator JIM WEBB, plished, but you did it, and I thank you gram. I am proud of that program. I both of whom served with honor in very much for your leadership in that thank Senator Clinton for a great idea. Vietnam, as well as Senator LINDSEY regard. I thank Senator DANNY AKAKA, who GRAHAM, who continues to serve as a It was 21⁄2 years ago that we also cre- was chairman of the Veterans’ Affairs colonel in the Air Force Reserve; and ated the family caregivers act to help Committee when it passed as part of my colleague Senator MARK KIRK, who veterans who survived catastrophic and larger legislation. is a commander in the Navy Reserve. disabling injuries in Iraq and Afghani- Posttraumatic stress syndrome is an- And not to leave out Senators AKAKA, stan and the family members who sac- other signature wound of these wars BINGAMAN, BLUMENTHAL, SCOTT BROWN, rificed so much to help them. I intro- that we recently engaged in. These CARPER, COATS, COCHRAN, ENZI, HAR- duced this bill after Senator Hillary wounds aren’t visible, but they are KIN, INHOFE, ISAKSON, TIM JOHNSON, Clinton moved on to the State Depart- wounds to the spirit. They can be just KOHL, LUGAR, BILL NELSON, REED, ROB- ment 4 years ago. I thought it was a as debilitating and deadly as a visible ERTS, SESSIONS, and WICKER. good idea and it was recommended to wound. We know that active-duty serv- The elections earlier this month saw me by the family of wounded veteran icemembers are taking their own lives at least 9 new veterans of Iraq and Af- Eric Edmundson. His mom and dad and at alarming rates, and the suicide rate ghanistan elected to Congress, bringing sister came to me, and we talked about among veterans is even higher. The VA the total of new veterans in the next the caregivers act. Traumatic brain in- estimates that 18 veterans a day take Congress to at least 16. They are still juries, as we know, are one of the sig- their own lives. The VA has made he- counting the ballots in some States. nature casualties of the wars in Iraq roic efforts to keep up with the surge The people of Illinois are proud that and Afghanistan. of mental health needs in Iraq and Af- 3 of those 16 veterans are from our In 2005, Eric Edmundson was a 26- ghanistan veterans. Yet despite those State: Congressman ADAM KINZINGER, year-old Army sergeant. He survived a efforts only a fraction of veterans with an Air Force veteran of Iraq and Af- roadside blast but then went into car- PTSD are receiving timely, effective ghanistan, and two exceptional leaders diac arrest while awaiting transport to care. who will join the next Congress, Bill a military hospital. His brain was de- President Obama recently issued an Enyart, a new Congressman from prived of oxygen for almost 30 minutes. Executive order to improve mental downstate Illinois, a veteran of Viet- Doctors told his parents that Eric health care for servicemembers and nam and former adjutant general of the would spend the rest of his life in a veterans. The order will expand by 50 Illinois National Guard. Then, of vegetative state, and they should percent the capacity of the VA on their course, my friend, my ‘‘sheroe,’’ choose a nursing home for their 26- crisis line to make sure that any vet- Tammy Duckworth. She is the daugh- year-old son. But Eric’s mom and dad eran facing a crisis can get professional ter of a Vietnam vet and one of the said, no, we are not giving up on this help within 24 hours. first women to ever fly a combat mis- young man. They fought for Eric to be There is a bill pending in the Senate sion in Iraq. She was copiloting a transferred to the Rehabilitation Insti- that would do even more. The Mental Black Hawk helicopter when an RPG tute of Chicago, one of the best—in Health ACCESS Act introduced by Sen- struck her helicopter. She lost both her fact, the same hospital that my col- ator PATTY MURRAY, who has been an legs and the use of her right arm. She league Senator MARK KIRK has been re- amazing champion of veterans—she is has worked in both State and Federal turning to time and time again for re- the daughter of a severely wounded Government on behalf of veterans. habilitation from his stroke. veteran, and a fierce champion for vet- What a proud day it will be for Amer- I visited Eric at that hospital several erans and their families—the Mental ica when Tammy stands to take the times. He worked so hard to heal and Health ACCESS Act, which I am proud oath of office in just a few weeks as the to make progress and his family was to cosponsor, would make comprehen- newest member of the U.S. House of with him every day. I will never forget sive improvements in VA suicide pre- Representatives. the time I visited Eric in his hospital vention counseling and mental health I want to say a word about my first room in Chicago and his mom said, staffing. It would also expand eligi- boss in the Senate, another veteran by Eric has a gift for you. I thought, wait bility for a variety of VA health and the name of Paul Douglas, a man who a minute, Eric is giving me a gift, at mental health services to family mem- at the age of 50 enlisted in the Marine which point his mom and dad walked bers, which are so important. We also Corps in 1942, went through Parris Is- over on each side of his wheelchair, need to step forward as well and make land training, talked himself into com- grabbed one of his elbows each, lifted sure that we go beyond welcoming bat, where he was wounded at Peliliu him up, and Eric took three steps. It home parades for veterans and find and then more seriously wounded at was amazing. There wasn’t a dry eye in them a job. Parades are just fine, but if Okinawa and lost the use of his left that hospital room, tears of joy that you really want to support a veteran, arm. He was an extraordinary man who this young man finally could take a hire that veteran. Give that veteran a refused to take his veterans’ disability few steps. job. America’s military today is the pay. He sent his checks back to the His dad said at that time, In about a best trained, best educated in the his- government every single month. He month Eric is going to walk out of the tory of the world. They have done an joked that you could do the work of a front door of this hospital. Can you be enormously good job for our country, Senator with one arm tied behind your there? Of course I was. It was a proud and they can do the same for busi- back, so it wasn’t really fair for him to day not only for Eric and his family nesses across America. take disability pay for too long. In too but for all of us to see the dramatic I hope the bipartisan plan which we many issues we in the Senate have tied progress he made. are working on with Senator BILL NEL- our own hands with excessive rancor Today Eric lives in North Carolina SON of Florida to pass will be enacted and bipartisanship. with his wife and two young children. soon and become part of the law of the I hope in this lameduck session and His mom and dad are there by his side land to help these veterans. The Presi- beyond, that at least on the issue of every day. They have moved in today dent is prepared to sign it, and the helping our veterans, we can come to- to be full-time caregivers for their son, sooner we do it the better. gether on a bipartisan basis. and the family caregivers act helps Let me salute some of the veterans in IMMIGRATION REFORM their family and so many others make the Senate who are here: Senator Mr. DURBIN. Mr. President, it was sure that Eric is home with his family FRANK LAUTENBERG, who served in 101 years ago when my grandmother

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Unfortunately, After Carlos graduated, reality set my grandfather with those three little we haven’t moved forward since those in. He received job offers from Intel, kids and not speaking a word of days. IBM, and a lot of top tech companies, English, but she did. So it is with some There is one part of immigration re- but he couldn’t work for them because pride that I have displayed in my office form that is very important to me per- he is undocumented. But Carlos didn’t right behind my desk my mother’s nat- sonally. It is known as the DREAM give up. He enrolled in a master’s pro- uralization certificate when she be- Act. Eleven years ago I introduced this gram for software systems engineering came a citizen of the United States. legislation for the first time. It would at the University of Arizona. He com- I think the fact that her son became allow a select group of immigrant stu- pleted the 21⁄2-year program in just a a U.S. Senator tells a great story about dents with great potential to con- year and a half. He was nominated for our Nation and the opportunity that is tribute to this country. The DREAM the University of Arizona Graduate available. Act would give these students a chance School Centennial Award, given to the I have always had a soft spot in my to earn their way to citizenship if they school’s top graduate student. heart for immigrants because I am the came to the United States as children, This is a hopeful time for DREAMers proud son of an immigrant who came have good moral character, graduate like Carlos. The Obama administration to this country and worked her way from high school, and complete at least has granted temporary legal status to into citizenship and raised a good fam- 2 years of college or serve in our mili- young people who would be eligible for ily. Our story is not unique. It is, in tary. Now, these young people grew up the DREAM Act. The status—known as fact, the American story. And this in America, and they have overcome deferred action for childhood arrivals— election has really brought to the at- great obstacles. They went to school will allow DREAMers to live and work tention of many the need for us to deal with many of our own kids, and they legally in America, and they can renew with immigration reform. There are are valedictorians, star athletes, and it every 2 years. This will give these more than 10 million Americans out leaders in the ROTC. They are our fu- young immigrants the chance to come there who are undocumented, uncer- ture doctors, engineers, and teachers out of the shadows and be part of the tain of their future. Some people mis- who will make America stronger. Why only country they have ever really takenly believe they live in homes full would we want to educate them and known. It is a historic moment in the of undocumented people. In most cases, then lose their talents for the future of long struggle for equal justice in Amer- we find that four out of the five in a ica. family are legally here in America and our country? Last month a new report from the The administration’s new deporta- the fifth—maybe even mom—is un- Center for American Progress and the tion policy will make America stronger documented. So it is a challenge for us bipartisan Partnership for a New by giving the DREAMers a chance to to deal with these folks who have been American Economy concluded that be part of it. Carlos Martinez sub- here for so long in a fair and honest passage of the DREAM Act would add mitted his application on August 15, way. We can’t turn our backs on them. One can go into a restaurant or hotel $329 billion to our economy and create the very first day forms were available, in Chicago and by and large find many 1.4 million new jobs by 2030. In my and he was one of the first to receive of these individuals working to clean home State of Illinois, by 2030 the deferred action for childhood arrivals. the rooms and clear the tables. A fam- DREAM Act would contribute $14 bil- Thanks to President Obama’s new pol- ily who has someone in a nursing home lion to the economy and DREAMers icy, Carlos will finally be able to use probably has an undocumented worker would create up to 58,000 new jobs, gen- his bachelor’s and master’s degree in who is making sure their mother or fa- erating $461 million in tax revenue. computer engineering. He had to wait 7 ther or someone they love has the ba- The young people who would be eligi- years after receiving his master’s de- sics they need every single day. So we ble for the DREAM Act call themselves gree, but the day has finally come need a realistic and reasonable ap- DREAMers. Like the civil rights activ- when he will get his chance. proach to address the millions of un- ists of past generations, they speak As soon as he received the notifica- documented immigrants living in out. Now they are telling us their sto- tion, Carlos went to a career fair at his America today. ries. I have been coming to the floor al- alma mater and handed out resumes to In this year’s election, the Repub- most every week in the Senate to tell IBM, Intel, and the other tech compa- lican Presidential nominee advocated the story of another DREAM Act stu- nies that had tried to hire him years what he called ‘‘self-deportation.’’ It dent. It is the best way for people to earlier. In a letter he wrote to me, Car- doesn’t make any sense. It would be understand who they are. los said: wrong to force millions of hard-work- I want to talk about Carlos Martinez It was the best news of my life. Finally I ing immigrants who are contributing today. Carlos and his brother were would be able to work as a software engineer to our country to leave. Instead, we brought to the United States in 1991 or own a business and create jobs. need a better solution—a path to citi- when Carlos was 9 years old. When Car- According to recent polls, the Amer- zenship for immigrants who will earn los came to this country, he didn’t ican people clearly support the new their way into that status by working speak a word of English. His father told DREAM Act policy. For example, a hard, paying their taxes, learning him, ‘‘Estudien para que no batallen en Bloomberg poll found that 64 percent of English, and being a part of America’s la vida como yo.’’ Translated, it means, likely voters—including 66 percent of future. The American people agree. Ac- ‘‘Study, so you don’t struggle in life Independents—support the policy, com- cording to exit polls from last week’s like I have.’’ That was the advice he re- pared to only 30 percent who oppose it. election, 65 percent of Americans—64 ceived from his dad, and Carlos took it The American people understand it percent of Independents, 51 percent of to heart. At Cholla High School in Tuc- makes no sense to deport these tal- Republicans—said that most undocu- son, AZ, Carlos graduated ninth in his ented young people. They grew up in mented immigrants working in the class. He enrolled at the University of America, and they can make us a bet- United States should be given a chance Arizona. He had never owned a com- ter nation. to apply for legal status, and 29 percent puter before he went to school, but he As America learns more about the disagreed. loved math and dreamed of being a DREAMers in our midst, such as Carlos In my time in the Senate, I have had computer engineer. Four years later, in Martinez, who are ready to contribute the opportunity to be involved in sev- 2003, Carlos graduated with a bachelor their talents to getting our economy

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15099 back on track, support will build for VETERANS’ COMPENSATION COST- a father. He leaves behind his wife passing the DREAM Act and com- OF-LIVING ADJUSTMENT ACT OF Chelsey, who is currently expecting prehensive immigration reform. Presi- 2012 their second child, and a 1-year-old son, dent Obama has given temporary pro- Mr. DURBIN. Mr. President, I ask Paxton. tection to DREAMers. Now let’s pass unanimous consent that the Veterans’ Mr. President, it is people such as the law. Let’s do the right thing for Affairs Committee be discharged from Jason Swindle who are the true Amer- people just like Carlos all over the further consideration of H.R. 4114 and ican heroes. I ask my colleagues to United States. that the Senate proceed to its consider- keep his wife, children, and the rest of his family in their thoughts and pray- Mr. President, I have listened care- ation. The ACTING PRESIDENT pro tem- ers during this very difficult time. I fully to some of the statements made pore. Without objection, it is so or- humbly offer my sincerest gratitude to after the elections by those on the dered. The clerk will report the bill by Jason for his selfless sacrifice in the other side of the aisle, many of whom title. service and defense of this great Na- have opposed the DREAM Act from the The legislative clerk read as follows: tion. start, and I have been heartened and A bill (H.R. 4114) to increase, effective as of The PRESIDING OFFICER (Mr. encouraged that so many are now December 1, 2012, the rates of compensation FRANKEN). The Senator from Kansas. speaking out in favorable terms about for veterans with service-connected disabil- Mr. MORAN. Mr. President, first I doing something finally for young peo- ities and the rates of dependency and indem- would like to add my condolences and ple like Carlos. Let’s get this done. nity compensation for the survivors of cer- sympathy to the family in honor of This used to be a very bipartisan meas- tain disabled veterans, and for other pur- Sergeant Swindle. I appreciate what poses. ure, but filibusters have stopped it year the Senator from Arkansas had to say, There being no objection, the Senate after year. We can pass it, and we and I join all my colleagues in recog- proceeded to consider the bill. should pass it. In 2007, the first time nizing the sacrifice of this soldier and Mr. DURBIN. I ask unanimous con- many others who have made such a tre- the DREAM Act came to a vote on the sent that the bill be read three times floor of the Senate, 52 Senators—a bi- mendous sacrifice and have created op- and passed, the motion to reconsider be portunities for us as Americans. partisan majority—voted for it, but laid upon the table, with no inter- still the Republican filibuster stopped GLOBAL ENTREPRENEURSHIP WEEK vening action or debate, and that any Mr. President, we have just come us. We didn’t get the 60 votes we need- statements related to the bill be print- through a divisive and expensive cam- ed. Three years later, in December of ed in the RECORD. paign. Hopefully that divisiveness and 2010, the DREAM Act was again consid- The ACTING PRESIDENT pro tem- that expense is a thing of the past, and ered on the floor of the Senate. The pore. Without objection, it is so or- I come to the floor today—during Glob- gallery was filled with DREAMers in dered. al Entrepreneurship Week—to ask my their caps and gowns. It was an inspir- The bill (H.R. 4114) was ordered to a colleagues to now work together to ing sight to look up and see them in third reading, was read the third time, pursue policies that are guaranteed to those seats. That day 55 Senators voted and passed. improve our economy. There have been for the DREAM Act. It was a majority f too many opportunities in the past but not enough; we needed 60 to over- SPORTSMEN’S ACT OF 2012— year to pursue issues and policies that come another Republican filibuster. MOTION TO PROCEED—Continued divide us. Now we must come together The President and the vast majority of around something that can unite us— The ACTING PRESIDENT pro tem- Democrats continue to support the entrepreneurship, innovation, and pore. The Senator from Arkansas. DREAM Act and comprehensive immi- startup businesses. gration reform. HONORING OUR ARMED FORCES The story of America is really a SERGEANT JASON M. SWINDLE story of entrepreneurs. Our history is Let me add that the DREAM Act is Mr. BOOZMAN. Mr. President, at a very important to me, but equally if filled with examples of determined in- time when we are seeing reports of vio- dividuals who risked their livelihoods not more important is comprehensive lence in areas all around the world, we to pursue ideas they believed could immigration reform to help not only must never forget that the men and solve problems and improve the quality Carlos but many like him—their par- women of the U.S. military are out of life of people around the world. ents and members of their family—who there fighting on our behalf day in and These entrepreneurs built the founda- may not qualify under the DREAM Act day out so we can live in a safe envi- tion of the American economy from its but deserve a chance as well. ronment here at home. Our service- earliest days, pushing forward innova- I believe most of my Republican col- members are well aware of the risks tive solutions to some of our most leagues understand that immigration they face as they serve this Nation, complex problems. is good for America. Immigration is and it is our duty to do all we can to They pursued success, and that suc- America. We are all immigrants but for honor those who fight and pay the ulti- cess built the American economy and the Native Americans who welcomed to mate price for our freedoms. the jobs it provides. Today I am here to pay my respects the shores the occupants of the Entrepreneurs have continued to be to SGT Jason M. Swindle, an Arkansan Mayflower. Former President George the driving force in the U.S. economic who, at 24 years of age, laid down his W. Bush led the attempt to reform leg- growth and expansion in recent times life for our country while supporting islation, and he said, ‘‘Family values as well. Data from the Kauffman Foun- Operation Enduring Freedom. Sergeant dation shows that between 1980 and don’t stop at the Rio Grande.’’ I dis- Swindle attended Cabot High School in 2005, companies less than 5 years old agree with George W. Bush on many Cabot, AR, and joined the Army in 2005. accounted for nearly all new jobs cre- things, but on the issue of immigra- He was assigned to B Company, 1st ated in the United States. Since 1977— tion, he was genuine and committed, Battalion, 64th Regiment, 3rd Infantry the first year data was collected—new and I agree with what he said. I have Division at Fort Stewart, GA. He was businesses have created an average of 3 been heartened by comments from serving his third combat deployment. million jobs each year. Speaker BOEHNER and others in the last He was posthumously awarded the At a time when millions of Ameri- week. I believe Democrats and Repub- Bronze Star and a Purple Heart. cans remain out of work and our coun- licans of good will can come together His family and friends describe him try is mired in debt, we need to do across the aisle, roll up our sleeves, as being a fun-loving guy who was very more to support the entrepreneurs who and do something good for America and patriotic and very proud of the work he create American jobs and hold the fix our broken immigration system so was doing in the Army. promise of our growing economy. that it is true to our American values In addition to being a soldier, Ser- Started in 2008 by the Kauffman as a nation of immigrants. geant Swindle was also a husband and Foundation, Global Entrepreneurship

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15100 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 Week is a worldwide celebration of en- new markets through high-value, real- proved legislation to welcome and bet- trepreneurs and like-minded individ- time, location-based deals delivered to ter support entrepreneurs while Amer- uals. Since its founding, Global Entre- mobile devices. ica has done nothing. preneurship Week has grown to include In today’s high-tech economy, the fu- To help more entrepreneurs start a 129 countries with some 35,000 activi- ture of Internet-based applications business and to help those new busi- ties that engage millions of people. such as these is limitless, which is why nesses grow more quickly, I introduced In the United States, more than 1,300 Kansas entrepreneurs are excited about Startup Act 2.0 with my colleagues partners are planning events in all 50 Google’s decision to make Kansas Senator WARNER, Senator COONS, and States this week. These events allow home to a new fiber project. Senator RUBIO. Startup Act 2.0 address- participants to interact with entre- Google Fiber is equipping Kansas en- es critical needs facing entrepreneurs preneurs and share their passion for in- trepreneurs for innovation that few today. The legislation provides new op- novation and creativity. In my home places in the United States have. With portunities for highly educated and en- State of Kansas, 35 events are taking Google Fiber, Kansans now have an op- trepreneurial immigrants to stay in place this week. Last Friday, Novem- portunity to innovate on Google’s ultra the United States where their talent ber 9, I participated in one of these high-speed network, which is 100 times can fuel economic growth and create events at the University of Kansas. faster than typical high-speed Internet. jobs for Americans. By making new To kick off this week, the University Kansas City, which has set the goal visas available for foreign students who of Kansas Schools of Business, Engi- of becoming America’s Most Entrepre- graduate with an advanced degree in a neering, and Journalism organized a neurial City, is building what they call STEM field from an American univer- half-day event to expose students to the Digital Sandbox, in partnership sity, Startup Act 2.0 will provide a entrepreneurship as a career path, in- with many Kansas businesses. The goal much needed way for fast-growing troduce students to startup companies of the Digital Sandbox is to signifi- startups and businesses in America to in the region, and to learn the role of cantly accelerate the development of get the talent they need to continue to government in enabling entrepreneur- information technology startups in grow and to create jobs. This is a crit- ship, innovation, and company cre- Kansas City, where IT is already a ical and growing challenge. ation, as well as the importance of our major economic engine. The Partnership for a New American free market economy. These developments are empowering Economy projects that the United While most of us think first of Sil- the next generation of Kansas entre- States will face a shortfall of more icon Valley as a hotbed of entrepre- preneurs with new tools to innovate than 223,000 workers with advanced de- neurship in our country, entrepreneurs and build successful businesses. grees in STEM areas by 2018. If the cur- are found everywhere. In Kansas, we Today’s entrepreneurs may use dif- rent trend holds, there will only be have a rich tradition of entrepreneur- ferent technology to develop products 550,000 American workers with the ship. It is a place where innovators and reach potential markets than their needed skills—far short of the pro- have felt free to pursue their ideas, predecessors, but the work ethic and jected demand. Without these workers, start businesses, and pursue dreams. passion to do something new remains American businesses will be at a dis- This tradition includes many stories of the same. tinct disadvantage and unable to grow risk and reward—of entrepreneurs This week, I encourage my colleagues in our country. whose businesses succeeded when oth- Startup Act 2.0 also makes changes to explore the impact of entrepreneurs ers were betting against them. to the Tax Code that will help startups in their communities and to engage Kansas’s great entrepreneurs include grow and create jobs. By exempting with startup companies working to Cleyson Brown, who founded Brown capital gains taxes on investments held make the lives of Americans better. Telephone Company—now the Sprint in startups for 5 years or more, the bill I met with entrepreneurs in Kansas Corporation—in the town of Abilene, would unlock $7.5 billion in new invest- and across the country during the last KS; Walter Chrysler, of Chrysler Cor- ment in startup. The legislation will 18 months. The passion and creativity poration, who began his career as a ma- also help universities bring good ideas of these entrepreneurs has encouraged chinist in Ellis, KS; Clyde Cessna, who to market by redirecting current grant me. One refreshing observation is that left the booming automobile industry dollars to support innovative univer- to explore the exciting field of avia- these entrepreneurs, while competi- sity initiatives to accelerate commer- tion. He founded Cessna Aircraft Cor- tive, want to see their fellow entre- cialization. poration in Wichita in 1927; and, Dan preneurs succeed. They are also build- Finally, Startup Act 2.0 will make and Frank Carney, who borrowed $600 ing new tools that empower others to changes to the Federal regulatory from their mother to open their first make their businesses better. process so the costs of new regulations Pizza Hut in Wichita in 1958. But in conversation after conversa- do not outweigh the benefits and will With persistence and hard work, tion, I have also learned there are com- encourage State and local policies that these entrepreneurs and their busi- mon challenges these entrepreneurs make starting businesses easier in nesses created thousands of jobs and face—some of which can be solved by their States. grew into some of the world’s most suc- Congress if we follow the entre- As our economy continues to strug- cessful companies. Now a new genera- preneur’s example of seizing an oppor- gle, Congress is left with two options: tion of Kansas entrepreneurs is con- tunity, rolling up our sleeves, and We can remain in gridlock, maintain tinuing that tradition. working together. the status quo, continue to leave In Atwood, KS, SureFire Ag Systems Entrepreneurs in America are finding Americans under- and unemployed, and has built products that specialize in it increasingly difficult to start a busi- spend away our future or we can work the control and application of fer- ness and to grow that business. Con- together to support the American en- tilizer, seed, and chemicals. These sider the following: trepreneur and businessperson. products have been delivered to cus- In 2010, there were approximately This week, during Global Entrepre- tomers in 42 of our States and inter- 394,000 new businesses started in the neurship Week, I urge my colleagues to nationally as well. United States. This, unfortunately, is join in the latter—in coming together In Leewood, KS, a company called the lowest number of new businesses behind commonsense legislation such Instin reimagined how students and since 1977. While these new businesses as the Startup Act 2.0 to unleash the teachers managed homework assign- created more than 2.3 million jobs, that power of entrepreneurship in America. ments by using mobile apps. Their app, number is well below the historical av- The result will be more new businesses, myHomework, has been downloaded erage and represents the third fewest more new jobs, innovation that allows over 100,000 times in the Google Play number of jobs created by new busi- the United States to aggressively com- Store alone. nesses in more than 30 years. At the pete in a global economy, and the em- In Olathe, KS, Lantern Software is same time, at least seven other coun- powerment of every American to pur- connecting homegrown businesses to tries during this Congress have ap- sue the American dream.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15101 I suggest the absence of a quorum. sands were left cold and hungry and more than 300,000 jobs in the State of The PRESIDING OFFICER. The forced into hotels and temporary shel- New Jersey. Families came from all clerk will call the roll. ters. Many families slept in their cars over the country to walk the board- The legislative clerk proceeded to to get out of the bad weather. They had walk in Atlantic City or take a fishing call the roll. no choice. When people finally re- boat out of one of our ports, Port Mr. LAUTENBERG. Mr. President, I turned home, many found nothing Pleasant or one of the others, or ride ask unanimous consent that the order there. Imagine seeing the home you the roller coaster at a pier in Seaside for the quorum call be rescinded. worked for your whole life—the place Heights. The PRESIDING OFFICER (Mr. you raised your children and created so This is what Sandy did to that roller COONS). Without objection, it is so or- many memories—gone. coaster. Look. This is almost impos- dered. If we look at this picture, we see a sible to conceive that this roller coast- SUPERSTORM SANDY depiction of despair, as it was por- er sits in the water. It is a terrible end Mr. LAUTENBERG. Mr. President, trayed by this person who obviously to a lot of thoughts and pleasant we have come back here from a few stood in front of a destroyed home— memories. People in New Jersey have turbulent weeks, and not the least of nothing but timbers and concrete, ev- lost their homes, their belongings, and which is the continuation of President erything else gone. their jobs. Much of that public infra- Obama with his work and his respon- We saw devastation across our State, structure has also been destroyed. But sibilities. For most of us, I would say, not just at the seashore. I went to Ho- we are tough people in New Jersey. We that was a very positive thing. But boken—one of our most attractive will fight our way back from this something else happened during these communities in northern New Jersey— storm. very difficult weeks, and that was in in the days after the storm. Half of I saw that spirit in emergency shel- my home State of New Jersey and the that city was underwater, and the Na- ters in our State. Families whose lives east coast. We were hit by storms tional Guard had to rescue those who were upended by the storm were wel- never, never before seen in our State were trapped in their homes without comed into a safe, warm place by and maybe never ever to be seen in our heat or supplies. strangers, given a hot meal, and had country in terms of the volume of de- We also saw train stations that were camaraderie during these very difficult struction. flooded and inoperable. Water levels moments. Nurses and EMTs evacuated My home State of New Jersey is reached more than 6 feet. Can you babies from hospitals. They were car- known for a number of things: being imagine a room that seated people rying these children out so they would the home of innovators, such as Thom- waiting for their trains 6 feet high in not be overwhelmed by flooding. Fire- as Edison; the place where Alexander water? fighters went from house to house sav- Hamilton—at my birthplace, Paterson, New Jerseyans depend on our public ing lives as the water rose. NJ—helped start the industrial revolu- transportation and rail systems. Com- Gas station owners who had lost tion; and it is also known as a State muters in our State take nearly 1 mil- power pumped gasoline by hand so peo- with a beautiful seashore, recreation lion trips per day, including going back ple could run their generators and keep areas. Unfortunately, the wrath of and forth to New York and into Penn- their families warm. At one point, the Superstorm Sandy 2 weeks ago de- sylvania. And the entire country de- lines were hours long waiting to get stroyed so much of our shore. Its storm pends on the goods that come into our gas. One of the people from my office surge wrecked boats, homes, and even ports and go out by rail. got up at 4:30 in the morning to go to took trains—whole trains—off the Our transportation system was torn a gas station and wound up 4 hours tracks. Its winds reached 89 miles an apart. Tunnels were flooded, critical later before he could get gas. It was a hour, uprooting trees across our State, equipment was ruined, and rail lines terrible period. destroying everything in its path, and were warped or buried by debris. We saw the worst of Mother Nature leaving millions—21⁄2 million—without Here in this picture we see an exam- in this storm, but we also saw the best electricity and staying in the dark. ple of what took place. This is of a rail of the American people. One thing was The force of this storm is so hard to line, New Jersey Transit. established, that there is a place in describe in words, so I point out a pic- Each one of our 21 counties in New government, in our country, for gov- ture here of one of our beachside com- Jersey was declared a major disaster, ernment service when it is needed. We munities, showing what was left of a but the seashore communities were hit cannot simply say: We will turn it over house. The destruction was so total. especially hard. The boardwalk is the to the private sector and let them take And it was not just the possessions defining image of the New Jersey care of what FEMA does. FEMA was that were lost, it was the memorabilia, shore. Many of us remember walking critical in salvaging whatever we could it was the pictures, it was the precious on that boardwalk in wonderment of have saved there. There is no doubt in moments that were identified with the attractions. The boardwalk has my mind that there is an under- trinkets or mementos. It was a terrible been a constant in the lives of those standing now that did not exist before. period. I am here to say that we are who live there or visit the shore. But We saw the fiber and the character of going to stand with those who have for communities such as Belmar, Sea- our people in these terrible moments. lost so much, and we are going to help side Heights, Atlantic City, and others, It was wonderful. This is a town not on them recover and rebuild their lives. much of that boardwalk no longer ex- the seashore. This is one of the commu- Superstorm Sandy was one of the ists—just the pillars where the board- nities in New Jersey where a lot of peo- most powerful storms in American his- walk used to be, as we see it shown ple commute to or work in the various tory, and it was the largest Atlantic here in this picture. It was a magnifi- industries around. This is where they hurricane on record, with wild winds cent boardwalk that had people in wag- had to go in order to save themselves that stretched more than 1,100 miles. ons that were pushed along, and you from a worse situation than that which We are aware of at least 119 Americans would view the sea and the attractions already existed. who lost their lives as a result of this on the other side. It was painful to see People reached out to save people. It storm, including 33 in my home State the destruction of the part of the was under the supervision of FEMA of New Jersey. boardwalk in Atlantic City firsthand and our emergency facility organiza- The human toll of this storm defies that day. tions. We have a lot of important busi- description. Roughly 8 million homes I joined President Obama in his visit nesses to address before the end of this lost power during this storm, including to the area. For many people in my Congress. But our agenda must include more than 21⁄2 million in my home State, the boardwalk is not just a helping to rebuild and restore the com- State. Food rotted in refrigerators, source of pride, it is a source of critical munities destroyed by Sandy. We are water treatment plants closed down, income to our State. In 2008, tourism going to need a lot of money, a lot of and when temperatures dropped, thou- brought in $38 billion and supported money. We cannot turn our backs on

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15102 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 them. We cannot turn our backs. I would be this fund that would become an election that was marked by long lines know the Presiding Officer had similar a cushion for such a disaster that the and the occasional snafu. Even after the net- situations in his State of Delaware. Northeastern United States is experi- works called the race for President Obama, The destruction was all over. We had encing at this time and of which we people in South Florida remained in line. From Hialeah to Country Walk and to no ability to stop what was going on. have so often experienced on the gulf Brickell, people waited as long as 7 hours to We face serious fiscal challenges in our coast and the Atlantic coast in the vote. In Broward County, voting at some pre- country, but nothing is more impor- Southeastern United States. cincts came to a halt when the ballots ran tant than keeping our communities, I just wanted to throw that idea out out. our families, and our economy safe. We there for the Senator as he speaks so This is the result of the voter sup- in New Jersey have been there for our movingly and so eloquently about the pression by lessening the number of fellow Americans from other States suffering of his people. One can just early voting days. When this Senator who suffered disasters. I am reminded imagine what are going to be the ex- asked the Governor, because of the that New Jersey was the first State to penses of all the infrastructure that is long lines during early voting, to ex- sign the Bill of Rights. It started the going to have to be replaced. tend early voting on the Sunday before road to freedom that exists in New Jer- Mr. LAUTENBERG. If I may respond, the Tuesday election, since it shut off sey. Now we ask all Americans to join I wish to say the Senator from Florida on Saturday, there were long lines then us in rebuilding and recovering from presents a very good idea because we in early voting, the Governor would this terrible storm. I am sure it will now know that to deal with catas- not do it. We see the result. The Miami get even the most disbelieving people trophes which are inevitable, we live in Herald continues: in our community to see that it might nature. We live in places where volca- At the South Kendall Community Church, have been a good idea to fund FEMA noes can destroy an economy, earth- 1,000 people were in line at closing time, and and the other agencies that do so quakes. We had the Katrina catas- at least 200 still remained three hours later. much. trophe in the Southern States. It is That is a determination to vote, and I went to Alaska when the Exxon about time, would the Senator agree the people do not want their right to Valdez was floundering and saw our with me, that we looked at what it is cast their ballot taken away. Yet this people, brave people, on islands that is creating the frequency and the was the result of voter suppression stretched around Alaska, our people ferocity of those storms. They are ac- laws not only in my State but in other who were on the shore wiping off the celerated almost in geometric terms. States as well. I wish to thank the ducks and the seals and all that. It This is a good reminder, hey, get off chairman of the Judiciary Committee says: America is not an accounting the stick and on the job. I commend because he and his subcommittee, firm. America is a democracy with a the Senator from Florida for his splen- headed by Senator DURBIN, came to heart and a soul. That is what we have did victory. We knew the Senator was Tampa to take testimony. to keep in mind as we deliberate what coming home, we just wanted to make A professor from the University of we have in the future. sure he had a nice reception. Florida gave his study and pointed out I yield the floor. Mr. NELSON of Florida. Thanks to who used—in the experience of Florida The PRESIDING OFFICER. The Sen- the Senator for his big heart, his big for a decade, who used the Sunday ator from Florida. heart toward his people. early voting? It was two demographic Mr. NELSON of Florida. Mr. Presi- VOTER SUPPRESSION groups, African Americans and His- dent, before the Senator from New Jer- Mr. NELSON of Florida. Mr. Presi- panics. They cut out the Sunday of sey leaves the floor, I just wish to say dent, I wish to make a few comments early voting before the Tuesday elec- this Senator’s heart goes out to the before the chairman of the Judiciary tion. Senator and his people. We take hurri- Committee addresses the Senate. I am Yet with the constricted times and canes more as a part of our lifestyle in very happy he is here because he knows with others being forced to shoehorn in Florida. But when we combine a hurri- about what I am going to talk about, between 7 a.m. and 7 p.m. on election cane in the Northeast at this time of which were the attempts at sup- day, we see the result. As the Miami year, during the full Moon, at high pressing the vote in the State of Flor- Herald said, some people waited 7 hours tide, in one of the most densely popu- ida, done a year and a half ago by the to vote. They were determined that the lated coastal areas of the United State legislature and the Governor. Governor and the legislature of Florida States, then we definitely have a prob- They did a number of things to try to were not going to take away their lem. suppress the vote. right to cast that ballot. And we see This Senator wants to help Senator The first thing they did was to make again, we had again a close Presi- LAUTENBERG with what is going to be it much more difficult to register peo- dential election in Florida. The Presi- necessary for the additional funding of ple to vote. The League of Women Vot- dent won by 74,000 votes. What if a FEMA and so forth. I want the Senator ers has been registering people for 72 number of people—such as the lady to think about an idea that we imple- years in Florida. They stopped because who waited and waited and she had mented in Florida, to create, in effect, of the onerous provisions of up to a babysitter problems and after 3 hours a reinsurance fund against this kind of $1,000 fine that would be upon their she left—what if that had happened to catastrophe. We call it the Florida members if they did not turn it in a lot of people? Hurricane Catastrophe Fund. within 48 hours. That was thrown out Well, maybe that was the design of This was done when I was the elected in court as unconstitutional. But it some people in constricting the laws in insurance commissioner—prior to me, was a year and a half later, with all an America of 2012. We went through and then I had to implement it in the those registrations not having been this in the civil rights era. The right to aftermath of the monster hurricane in done. vote—as the Senator, our chairman, the 1990s, Hurricane Andrew. I have But then what they did, they con- can tell us, has been said over and over talked to our colleagues in the Senate stricted the number of early voting by the courts—it is absolutely essen- about a national catastrophic fund. places, constricted the number of early tial in a democracy that we have the People in other parts of the country do voting days, constricted the number of right to cast our ballot. That is what not think hurricanes are their problem. early voting hours. What do you think Dr. King said as well. But what they do not realize is that was the result? It is what we have seen Mr. LEAHY. Does the distinguished their taxpayers are picking up the on TV—the long lines. Senator yield? load. Whereas, if we reinsured against I wish to read a passage from the Mr. NELSON of Florida. Of course I this kind of tragedy in a catastrophic Miami Herald of November 6: will. fund that would be paid in over time, a When the polls officially closed at 7 p.m., Mr. LEAHY. I join my colleagues in little bit from each of the policy- hundreds of people were still waiting to cast welcoming him back to this body, in holders, then there would not be—there ballots in precincts around South Florida in which he has served with distinction

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15103 from his very first day here as he did in Florida has done the Senate and the Some of these program benefits will the other body. country a service in what he has said. continue. But it is such a tenuous posi- It tears my heart apart to hear of We each represent our own States. tion. How does a State plan? How does this kind of suppression. In Vermont, We have matters of interest in our a community plan? We need the House we have pride in our ability to vote. We States, but also so many times they leadership to allow the farm bill to have Town Meeting Day. I think we are national interests. During this past proceed so we can move this country had 65 or 70 percent turnout this time. recess, I was in just about every part of forward, giving farmers the certainty We expect people to be able to vote. Vermont. I was stopped time and time and vulnerable citizens the security The distinguished Senator has re- again by Vermont farmers who asked they deserve. ferred to the civil rights era. Do we, in me why Congress left town without The Senate farm bill is a good, bipar- this great country—a signal of democ- passing a farm bill. They knew we had tisan bill. But more than that, it is a racy to so much of the world—want to passed it in the Senate, but why hadn’t deficit reduction bill. It has $23 billion go back there? I am sure the distin- we finished? in cost savings as well as crucial policy guished Senator has had, as I have had, Similar to my fellow Vermonters, I reforms for dairy farmers facing the the honor of being an observer of elec- have been frustrated by the refusal of challenges of the 21st century. It also the leadership of the House of Rep- tions in other countries where, finally, maintains a safety net for millions of resentatives to consider the legislation a country that has overcome a dicta- hungry Americans. sent to them by the Senate to extend torship or overcome a civil war, they The wealthiest, most powerful Na- finally can vote, and the people are lin- the farm bill. In fact, they blocked con- sideration of a bipartisan farm bill, one tion on Earth has people going hungry. ing up and saying: Thank God we have In a nation that spends billions of dol- a chance to vote and it is open for the that mirrors the legislation passed in their own body by the House Agri- lars on fad diet programs or billions of first time. They would say: You Ameri- dollars to dispose of waste food, we cans would never have to experience culture Committee. I have been here nearly 38 years. I should not have hungry people. Not in this. I don’t want to go to these coun- this country. tries that we ask to come into the fold have served on the Senate Agriculture I also point out the farm bill has al- of democracy and ask them to have Committee all that time. I have never ways been bipartisan. I remember the free and open voting and have them— seen a case where the House Agri- hard work, mutual respect, and spirit those that do not want free and open culture Committee—whether it is led of cooperation that Senator DICK voting—say: What about what you have by Democrats or by Republicans— LUGAR and I shared. We worked to- done in your country? passed a bipartisan farm bill only to This is not a Democratic or Repub- see it blocked from a final vote by its gether as Agriculture Committee lican issue. This is an American issue. own leadership. chairman and ranking member. We put The Senate has done its work, but as We fought a revolution. We fought American farmers and families first a result of the House’s inaction, for the world wars. We worked to make this and politics last. My good friend from first time that anybody can remember country of over 300 million people great Indiana and I were able to accomplish in either body, the farm bill has ex- because everybody’s voice is supposed amazing things together. Obviously, we pired. This is dangerous for dairy farm- to be heard. I think it is shameful and had some differences of opinion as ers in Vermont and for farmers across I think it is illegal. Those who try to Members of different regions and dif- the country. ferent parties do. But we knew we had stop it, they should be exposed. They This delay threatens our rural com- should be punished. I don’t care if the to work together. We did, and America munities. We all have rural commu- benefited from that. Certainly our person voting is a Republican or Demo- nities in our States. The farmers not crat or Independent. They should have farmers did too. only need but also deserve the cer- The need to work together is as true the right to vote. If we lose that right, tainty that a 5-year farm bill provides. we lose our soul as Americans. I thank today as it was then. It is going to take We pass farm bills in 5-year segments real leadership in the House and Senate the distinguished Senator for bringing so that farmers, who have to plan way this up. to pass a farm bill. We have seen that in the future, know how to plan. We leadership and bipartisanship in the Mr. NELSON of Florida. Amen to can’t say: Wait a minute, put your Senate. Having served as chairman of those comments. I would conclude by farming on hold while we try to get our the Senate Agriculture Committee for saying we ought to be making it easier act together. Don’t milk those cows for 8 years, I can say without any doubt to vote, not harder to vote. Then, when a few months while we try to figure out that Chairwoman DEBBIE STABENOW we get down to conducting an election, what we are going to do. Don’t plant or has been one of the finest chairs we we definitely need to do something don’t harvest that crop while we are have had of that committee. I have about the Citizens United Supreme trying to figure out what we are going watched how hard she has worked and Court 5-to-4 decision, and we can, to do. statutorily. We almost did, lacking one It doesn’t work that way. The farm- how hard Ranking Member PAT ROB- vote breaking the filibuster 3 years ago ers already confront enough uncer- ERTS has worked. He brought his tre- because it would require the disclosure tainty running their businesses. When mendous experience and knowledge of those corporations giving the we let farm programs expire without through his time as chairman of the money. If the public knew who was giv- enacting a new farm bill, it needlessly House Agriculture Committee. In fact, ing the money, then they would be compounds that uncertainty and it is in the debate over the Senate farm very reluctant. Whereas under the irresponsible. Decisions must be made bill—and I commend Senator STABE- guise, the mask of secrecy, they can today to determine what is going to be NOW on this—seated around that table give money and try to influence the planted next spring. But now they have we had several people who had pre- outcome of an election—as they tried to make that decision with uncertainty viously been chairman or ranking this year. about what may be in the farm bill. member of the Senate Agriculture It has gone out of control, and I know The essential nutrition programs in Committee or the House Agriculture the chairman is going to be at the the farm bill provide healthy food for Committee, both Republicans and point of the spear on trying to pass the vulnerable populations, such as chil- Democrats. In fact, even one Senator DISCLOSE Act. dren and pregnant and nursing women. who had been Secretary of Agriculture. I yield the floor. Vermonters, like tens of millions of We all said: We can play games, we can The PRESIDING OFFICER. The Sen- people across the country, depend upon talk, we can posture, we can sloganeer ator from Vermont. these programs where they are strug- or we can sit down like grownups and THE FARM BILL gling to put enough food on their table put together a real farm bill. Mr. LEAHY. Mr. President, I think during these very tough economic It took a nanosecond to decide we the distinguished senior Senator from times. can be grownups and put together a

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15104 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 real farm bill. Republicans and Demo- bate on the Senate-passed farm bill. outdoorsmen and -women constantly crats sat down. We wrote a deficit-re- They don’t have to have a bill that is tell me about the importance of access ducing, meaningful farm bill, and it word for word what we passed here in to public lands. What good does it do to passed in a Senate which is often dead- the Senate, but I point out that the protect land for hunting, fishing, and locked. It passed 64–35. It passed over- Senate bill saves billions of dollars, it hiking if folks are unable to get to it? whelmingly—from all parts of the does have a dairy program, and it does Right now there are some 35 million country and across the political spec- speak to disaster, drought, and flood acres of public land that sportsmen trum. relief. We need it now. Let us stand can’t access. That is why this bill re- Senator JOHANNS, former Secretary with our dairy farmers in Vermont, our quires 1.5 percent of annual funding of Agriculture during the Bush admin- eggplant growers in New Jersey, and from the Land and Water Conservation istration, sat around that table and our hungry families across the coun- Fund that is set aside to increase pub- helped us write it. That shows how bi- try. Let’s set the political gamesman- lic access to public lands, ensuring partisan the approach to reauthorizing ship aside, help America’s farmers, sportsmen access to some of the best the farm bill was in the Senate. We did families, and rural communities that places to hunt and fish in the country. not let political labels get in the way all rely on the farm bill. The people in Right now, the Congress delegates all of what was best for the country. these communities, the farmers in power to determine land and water The elections are over. We know who these communities, do not care wheth- conservation priorities to the execu- has won or lost. We hope our friends in er there is a Democrat or Republican’s tive branch. We can add or subtract the other body, in the House of Rep- name on the bill. All they know is they money from the President’s budget re- resentatives, will set aside their ob- want a good farm bill that allows them quest, but Congress cannot determine structionism and pass this bill. I am to stay in farming. how that money gets spent. This provi- pleased by the fact that our State’s Farming is hard enough as it is. None sion ensures that this administration Congressman, PETER WELCH, is a mem- of us has to do the farming. We ought and the next one must authorize, must ber of that committee. He has been to stand up and help—that we can do. prioritize access to public lands. urging both Republicans and Demo- Mr. LEAHY. I suggest the absence of My bill also reauthorizes the North crats to pass the bill, and I agree with a quorum. American Wetlands Conservation Act. him because it is a bill that directly af- The PRESIDING OFFICER. The This voluntary initiative provides fects every farm family’s budget. It clerk will call the roll. matching grants to landowners who set The bill clerk proceeded to call the helps farmers decide which crops to aside critical habitat for migratory roll. birds such as ducks. Over the past 20 plant, where to sell, how much to bor- Mr. TESTER. Mr. President, I ask row. It allows farmers to make their years, volunteers across America have unanimous consent that the order for completed more than 2,000 conserva- decisions—which are hard enough to the quorum call be rescinded. make without this delay—with some tion projects. They protected more The PRESIDING OFFICER (Mr. than 26 million acres of habitat under kind of certainty. WHITEHOUSE). The farm bill affects Vermonters and this successful initiative. The North Without objection, it is so ordered. American Wetlands Conservation Act Americans across the country where Mr. TESTER. Mr. President, I rise there is food insecurity and uncer- is a smart investment in both our lands today to urge support on the motion to and our wildlife, and it needs to be re- tainty in these difficult times. One of proceed to my bipartisan Sportsmen’s authorized. the things people lose sight of is that Act. Outdoor traditions are a deep and This widely supported bill also reau- the farm bill is also a disaster relief important part of our heritage in Mon- thorizes the Secretary of the Interior bill. We need the new farm bill to help tana and across our Nation. to reevaluate the price of duck stamps farmers in the Garden State and across Two years ago, when I became chair to keep up with inflation. Revenue the entire Nation to recover from the of the Congressional Sportsmen’s Cau- from duck stamps has been used to pur- nonstop floods of 2012. We need it to cus, I made it my goal to do something chase and release more than 6 million help those across the Nation who are significant, something historic, some- acres of wetlands, preserving a viable stuck on the other side of the weather thing responsible that will help this waterfowl population. It funds new spectrum, with drought. country’s hunters and anglers. shooting ranges while encouraging That is all in this bill. Because we Mr. President, this week we have Federal land agencies to cooperate know, as much as we wish there would that opportunity. This Sportsmen’s with State and local authorities to never be floods, as much as we wish Act is the biggest package of sports- maintain existing ranges. This is a re- there would never be droughts, they men’s bills in a generation. It combines sponsible bill. It takes into account the occur. We have written that into this nearly 20 different bills, all important needs of the entire sportsmen’s com- bill. Why in heaven’s name would any- to those who know we must never take munity. body, from any part of the country— our outdoors for granted. Why is this important? It is impor- and we are all vulnerable at one time These bills increase access for rec- tant because hunting and fishing and or another—want to hold it up? reational hunting and fishing. They hiking is a way of life in places such as The fact is things are going to get support land and species conservation, Montana. worse very quickly if we begin the new and they protect our hunting and fish- One in three Montanans hunt big year without a farm bill. Outdated par- ing rights. Most importantly, they game and more than half of us fish. An ity price systems will multiply the take ideas from both sides of the polit- outdoor recreation economy across this price of milk on store shelves. It will ical aisle. This bill isn’t about Demo- country contributes some $646 billion destroy household pocketbooks and the crats and it isn’t about Republicans or in direct spending to this U.S. econ- milk market nationally. Independents. This bill is about Ameri- omy. Fishing and hunting is not just Let me reiterate that. Certainly in cans and the great outdoors we all recreation, it is a critical part of our my State this is very important. If we share as a nation. This bipartisan bill economy. In Montana, hunting and don’t pass the bill, we will have out- is supported by nearly 50 different con- fishing alone brings $1 billion a year to dated parity price systems that will servation wildlife groups ranging from our economy, nearly as much as the multiply the price of milk on the store the Nature Conservancy, the National State’s cattle industry. It drives and shelves and will destroy household Wildlife Federation, to the NRA. It sustains jobs. With hunting season in pocketbooks and the milk market na- earned their endorsement because it in- full swing and thousands of Montanans tionally. Ask anybody who lives pay- cludes responsible provisions that are headed out to hunt in Montana’s back check to paycheck what that would be important to sportsmen and -women country over Thanksgiving weekend, like. across America. this bill is as timely as ever. So I urge the leadership in the House In my role as the chairman of the The Sportsmen’s Act of 2012 is bal- of Representatives to allow open de- Congressional Sportsmen’s Caucus, anced, it is bipartisan, and it is widely

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15105 supported. It is also fiscally respon- Hagan Levin Rockefeller The Senator from Nevada [Mr. REID], for sible. The bill has no cost. Before the Harkin Lieberman Rubio Mr. TESTER, proposes an amendment num- Hatch Lugar Sanders bered 2875. Senate went out of session, we voted to Heller Manchin Schumer move forward with this bill by a vote of Hoeven McCain Shaheen The text of the amendment is printed 84 to 7—84 to 7. It was a resounding ap- Hutchison McCaskill Shelby in today’s RECORD under ‘‘Text of Inhofe McConnell proval to conserve some of our most Snowe Amendments.’’ Inouye Menendez Stabenow Isakson Merkley Mr. REID. I ask for the yeas and productive habitat to pass on our hunt- Tester Johanns Mikulski nays. ing and fishing tradition to future gen- Thune Johnson (WI) Moran erations and to entrust them with the Toomey The PRESIDING OFFICER. Is there a Johnson (SD) Murkowski sufficient second? There appears to be land and water we share. Kerry Murray Udall (CO) Now it is time to get this bill across Klobuchar Nelson (NE) Udall (NM) a sufficient second. Kohl Nelson (FL) Vitter The yeas and nays were ordered. the finish line, to approve a bill with Warner Kyl Portman AMENDMENT NO. 2876 TO AMENDMENT NO. 2875 widespread support that preserves our Landrieu Pryor Webb outdoor economy and secures our out- Lautenberg Reid Whitehouse Mr. REID. I now have a first-degree door heritage for our kids and our Leahy Risch Wicker amendment at the desk. grandkids. Lee Roberts Wyden The PRESIDING OFFICER. The We need to take some good Demo- NAYS—5 clerk will report. The legislative clerk read as follows: cratic ideas and some good Republican Boxer DeMint Sessions ideas and pass them. We need to do Coburn Paul The Senator from Nevada [Mr. REID] pro- poses an amendment numbered No. 2876 to something for the more than 90 million NOT VOTING—3 amendment No. 2875. sportsmen and sportswomen in this Begich Kirk Reed The amendment is as follows: country and for our economy. The motion was agreed to. At the end, add the following new section: The time is now. I urge all Members VOTE EXPLANATION SEC. lll. to support this bill. ∑ Mr. REED. Mr. President, I was nec- This Act shall become effective 7 days I yield the floor and suggest the ab- essarily absent for this vote due to a after enactment. sence of a quorum. flight delay caused by mechanical Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. The problems. Had I been present, I would on that amendment. clerk will call the roll. have voted no.∑ The PRESIDING OFFICER. Is there a The assistant legislative clerk pro- The PRESIDING OFFICER. The ma- sufficient second? ceeded to call the roll. jority leader. There appears to be a sufficient sec- Mr. ROCKEFELLER. Mr. President, I ond. f ask unanimous consent that the order The yeas and nays were ordered. for the quorum call be rescinded. SPORTSMEN’S ACT OF 2012 AMENDMENT NO. 2877 TO AMENDMENT NO. 2876 The PRESIDING OFFICER. Without Mr. REID. Mr. President, on behalf of Mr. REID. I have a second-degree objection, it is so ordered. Senator TESTER, I have a substitute amendment at the desk. Under the previous order, all time amendment which is at the desk. The PRESIDING OFFICER. The has expired. The PRESIDING OFFICER. The clerk will report. The question is on agreeing to the clerk will report the bill by title. The legislative clerk read as follows: motion to proceed to S. 3525. The assistant legislative clerk read The Senator from Nevada [Mr. REID] pro- Mr. ROCKEFELLER. I ask for the as follows: poses an amendment numbered 2877 to amendment No. 2876. yeas and nays. A bill (S. 3525) to protect and enhance op- The PRESIDING OFFICER. Is there a portunities for recreational hunting, fishing, The amendment is as follows: sufficient second? There appears to be and shooting, and for other purposes. In the amendment, strike ‘‘7 days’’ and in- a sufficient second. There is a suffi- Mr. REID. Mr. President, it is a sert ‘‘6 days’’. cient second. shame. We have a bill that is bipar- AMENDMENT NO. 2878 The clerk will call the roll. tisan. Cloture has already been invoked Mr. REID. I have an amendment at The assistant legislative clerk called on it. We are on the bill. Why in the the desk to the language that is pro- the roll. world can’t we just finish this bill, posed to be stricken. Mr. DURBIN. I announce that the have a couple amendments and go on? The PRESIDING OFFICER. The Senator from Alaska (Mr. BEGICH) and I am going to go ahead. I am going to clerk will report. the Senator from Rhode Island (Mr. fill the tree. I am sure I will get some The legislative clerk read as follows: REED) are necessarily absent. outrageous response back, as if we are The Senator from Nevada [Mr. REID] pro- I further announce that, if present still in the Presidential election, say- poses an amendment numbered 2878 to the language proposed to be stricken by amend- and voting, the Senator from Rhode Is- ing we want this many amendments. ment No. 2875. land (Mr. REED) would vote ‘‘nay.’’ We are not going to have that many The amendment is as follows: Mr. KYL. The following Senator is amendments. This is a bipartisan bill. necessarily absent: the Senator from People are going to have an oppor- At the end, add the following new section: SEC. lll. Illinois (Mr. KIRK). tunity to vote for or against the bill. If This title shall become effective 5 days The PRESIDING OFFICER (Mr. BEN- they want to kill the bill, they can. It after enactment. NET). Are there any other Senators in is one of the most popular bills we did Mr. REID. I ask for the yeas and nays the Chamber desiring to vote? all last Congress. We didn’t do many, on that amendment. The result was announced—yeas 92, but this is one that was popular. The PRESIDING OFFICER. Is there a nays 5, as follows: I cannot imagine why we are trying sufficient second? There appears to be [Rollcall Vote No. 201 Leg.] to refight an election that took place 1 a sufficient second. YEAS—92 week ago. The clerk is going to report The yeas and nays were ordered. the substitute amendment. Akaka Brown (OH) Coons AMENDMENT NO. 2879 TO AMENDMENT NO. 2878 Alexander Burr Corker AMENDMENT NO. 2875 Mr. REID. I have a second-degree Ayotte Cantwell Cornyn (Purpose: In the nature of a sub- Barrasso Cardin Crapo amendment at the desk. Baucus Carper Durbin stitute.) The PRESIDING OFFICER. The Bennet Casey Enzi Mr. REID. I have a perfecting amend- clerk will report. Bingaman Chambliss Feinstein ment at the desk. The legislative clerk read as follows: Blumenthal Coats Franken The PRESIDING OFFICER. The Blunt Cochran Gillibrand The Senator from Nevada [Mr. REID] pro- Boozman Collins Graham clerk will report. poses an amendment numbered No. 2879 to Brown (MA) Conrad Grassley The legislative clerk read as follows: amendment No. 2878.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15106 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 The amendment is as follows: Rockefeller IV, Benjamin L. Cardin, country. So before Thanksgiving we In the amendment, strike ‘‘5 days’’ and in- Ben Nelson, Max Baucus, Jeanne Sha- are going to finish the sportsmen’s bill. sert ‘‘4 days’’. heen, Mark Pryor, Christopher A. The Republicans can either kill the Coons, Al Franken, Amy Klobuchar, MOTION TO COMMIT WITH AMENDMENT NO. 2880 cyber security bill—they have been fol- Jim Webb, Mark R. Warner, Michael F. Mr. REID. I have a motion to commit Bennet. lowing the lead of the Chamber of Com- merce, which is an arm for the Repub- the bill with instructions. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The lican Party anymore. It is just a front imous consent mandatory quorum in clerk will report. for the Republican Party. They spent accordance with rule XXII be waived. The legislative clerk read as follows: huge amounts of money that they get The PRESIDING OFFICER. Is there from unknown sources to defeat Demo- The Senator from Nevada [Mr. REID] moves objection? Without objection, it is so to commit the bill (S. 3525) to the Committee crats. They wasted their money this ordered. on Energy and Natural Resources, with in- time. But that is the way it is. structions to report back forthwith the fol- f They are opposing this bill for not lowing amendment numbered 2880. NATIONAL DEFENSE AUTHORIZA- any logical reason, and then Senators The amendment is as follows: TION ACT FOR FISCAL YEAR LEVIN and MCCAIN have asked to go to At the end, adding the following new sec- 2013—MOTION TO PROCEED Defense authorization. I think, if this tion: Mr. REID. I now move to proceed to bill is as important as they say it is— lll SEC. . Calendar No. 419. and they say it is important—I know This Act shall become effective 3 days how Senator LEVIN and Senator after enactment. The PRESIDING OFFICER. The clerk will report. MCCAIN feel about it—it looks like Mr. REID. I ask for the yeas and nays The legislative clerk read as follows: they would clear up some of this stuff on that motion. that is standing in the way of getting The PRESIDING OFFICER. Is there a The Senator from Nevada [Mr. REID] moves to proceed to Calendar No. 419, S. 3254, a bill that bill done. sufficient second? There appears to be to authorize appropriations for fiscal year I think it is a bridge too far to com- a sufficient second. 2013 for military activities of the Depart- plete the Defense authorization bill be- The yeas and nays were ordered. ment of Defense, for military construction, fore we leave, but we need to get on AMENDMENT NO. 2881 and for defense activities of the Department that bill. We are not going to stall Mr. REID. I have an amendment to of Energy, to prescribed military personnel around on this and spend weeks on the the instructions that is also at the strengths for such fiscal year, and for other Defense authorization bill. I have told desk. purposes. the two managers of that bill, Senator The PRESIDING OFFICER. The The PRESIDING OFFICER. The ma- MCCAIN and Senator LEVIN, that is the clerk will report. jority leader. case, and that is what we are going to The legislative clerk read as follows: Mr. REID. Mr. President, we are do before Thanksgiving. The Senator from Nevada [Mr. REID] pro- going to complete work on this bill, I would like to get out of here so we poses an amendment numbered 2881 to the that is the one we had prior to the can go home to our States, our fami- instructions to commit S. 3525. clerk announcing the Defense author- lies, for Thanksgiving early, but if we The amendment is as follows: ization bill. We are going to complete have to stay here until the day before In the amendment, strike ‘‘3 days’’ and in- the work on the sportsmen’s bill before Thanksgiving, we are going to do it. sert ‘‘2 days’’. we go home for Thanksgiving. People I suggest the absence of a quorum. Mr. REID. I ask for the yeas and nays are going to have an opportunity to The PRESIDING OFFICER. The on that amendment. vote for that bill, either for it or clerk will call the roll. The PRESIDING OFFICER. Is there a against it. As I indicated, it is a widely The assistant legislative clerk pro- sufficient second? There appears to be popular bill. If Republicans want to ceeded to call the roll. a sufficient second. drag it down and kill it as they have a Mr. UDALL of Colorado. Mr. Presi- The yeas and nays were ordered. lot of other things, they will have that dent, I ask unanimous consent that the opportunity to do that. We have more order for the quorum call be rescinded. AMENDMENT NO. 2882 TO AMENDMENT NO. 2881 than 20 bills that are important to The PRESIDING OFFICER. Without Mr. REID. I have a second-degree sportsmen around the country. objection, it is so ordered. amendment. As I said a few minutes ago, I cannot SPORTSMEN’S ACT OF 2012 The PRESIDING OFFICER. The imagine why we are still fighting the Mr. UDALL of Colorado. Mr. Presi- clerk will report. battles of the last election. We are The legislative clerk read as follows: dent, I rise in support of the Sports- going to have a vote on cyber security. men’s Act of 2012, which is Senate bill The Senator from Nevada [Mr. REID] pro- I spoke to the chairman of the com- No. 3525. This bill is a set of bipartisan poses an amendment numbered 2882 to amendment No. 2881. mittee a short time ago, Senator LIE- proposals that enjoys overwhelming BERMAN. He is going to come over to- support in the sportsmen’s community, The amendment is as follows: morrow and give a speech about the and I was glad to see it clear another In the amendment, strike ‘‘2 days’’ and in- importance of this legislation. He and procedural hurdle just a short time sert ‘‘1 day’’. Senator COLLINS have worked so hard ago. As the majority leader did, I urge CLOTURE MOTION to come up with a bill. They have com- my colleagues to give it final approval Mr. REID. I have a cloture motion on promised and compromised and com- as quickly as we possibly can. the bill that is already at the desk. promised until the point where people I wish to share some of the reasons The PRESIDING OFFICER. The clo- are going to have an opportunity to why I think it is so important to get ture motion having been presented talk on this also. Senator LIEBERMAN is this bill to the President’s desk. As the under rule XXII, the Chair directs the going to talk about how important this name implies, the Sportsmen’s Act is clerk to read the motion. bill is to protect our country. focused on helping the Nation’s 88 mil- The legislative clerk read as follows: I left the White House an hour or two lion sports men and women. They CLOTURE MOTION ago. They believe, the President of the want, more than anything, responsible We, the undersigned Senators, in accord- United States believes the cyber secu- access to Federal lands and the con- ance with the provisions of rule XXII of the rity bill is one of the most important servation of critical habitat and spe- Standing Rules of the Senate, hereby move issues facing this Congress now—not cies and that is exactly what this bill to bring to a close debate on S. 3525, a bill to next Congress, now. I have said on a protect and enhance opportunities for rec- does. reational hunting, fishing, and shooting, and number of occasions that the Pentagon By dedicating 1.5 percent of Land and for other purposes. and the intelligence community be- Water Conservation Fund dollars to Harry Reid, Jon Tester, Kent Conrad, Joe lieve this legislation is vitally impor- improve access for hunting, fishing, Manchin III, Jeff Bingaman, John D. tant to the safety and security of our and other recreational purposes,

VerDate Sep 11 2014 11:49 Jun 26, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15107 sportsmen will be able to make better I yield the floor, and I suggest the ab- es now as we celebrate their return use of our public lands. By giving the sence of a quorum. home. States greater flexibility over the use The PRESIDING OFFICER. The The 4/25 accomplished incredible of Federal dollars to build shooting clerk will call the roll. things during its time in Afghanistan. ranges, sportsmen will have more The legislative clerk proceeded to Each and every member of the bri- places to safely sharpen their marks- call the roll. gade—all 3,500 Spartans—carried the manship skills and sighting their rifles Mr. UDALL of Colorado. Mr. Presi- fight to those who would do our Nation for the hunting season. dent, I ask unanimous consent that the harm. In doing so, they have made the By reauthorizing many critical habi- order for the quorum call be rescinded. world a safer place for those who love tat investment programs—for example, The PRESIDING OFFICER. Without freedom and democracy. the North American Wetlands Con- objection, it is so ordered. However, those victories were not servation Act and the Federal Land f without sacrifice. During this deploy- Transaction Facilitation Act—we are ment, eight brave Spartans were killed MORNING BUSINESS ensuring that sportsmen will have in action—PFC Nathan T. Davis, PFC places to continue our proud hunting Mr. UDALL of Colorado. Mr. Presi- Vincent J. Ellis, SSG Thomas K. and fishing heritage. dent, I ask unanimous consent that the Fogarty, SSG Carl E. Hammar, CPL The benefits of the Sportsmen’s Act Senate proceed to a period of morning Ethan J. Martin, PFC Richard L. of 2012 will fall most directly on Amer- business, with Senators permitted to McNulty III, SGT Brian L. Walker, and ica’s hunters and anglers, but outdoor speak therein for up to 10 minutes SPC Jeffrey L. White. We will never enthusiasts of all stripes will reap the each. forget them. rewards. By improving the outdoor ex- The PRESIDING OFFICER. Without I would also like to recognize the perience of all Americans, I am hoping objection, it is so ordered. families of the 4/25. As we all know, our future generations will more readily f soldiers simply could not do their jobs take up our outdoor traditions. HONORING OUR ARMED FORCES without the support of their loved I know my colleague from Colorado ones. You are the ones who wrote let- will join me in commending Senator Mr. GRASSLEY. Mr. President, Iowa ters and emails, sent care packages, ESTER for putting this package to- T has lost another native son fighting for and kept things running smoothly back gether. He has taken ideas from both our liberty on foreign soil. I am sad to home. Democrats and Republicans to create announce that on Monday, November 5, When a soldier raises their right the greatest legislative boon for sports- just as our Nation was preparing to hand and swears in, their family joins men in a generation, and that is why cast our ballots in the election, PFC the Army, too. Thank you all for your over 50 of the leading sportsmen’s Brandon Buttry of Shenandoah, IA, service. groups in our country support his bill. gave his life defending our freedom. He As a member of the Senate Armed I am particularly grateful to Senator was only 19 years old but had felt a Services Committee, I commend the TESTER for including a bipartisan pro- calling to join the military since he 4th Brigade, 25th Infantry Division, for vision I authored—the Target Practice was a young child. I thank God for such their dedication, commitment and sac- and Marksmanship Training Support patriots as Brandon Buttry. Without rifice. We owe them a debt of gratitude Act. This act will encourage the devel- such brave and selfless Americans in that can never fully be repaid. opment of high-quality public shooting each new generation, our liberty and To both the Spartans and their fami- ranges by giving the States greater way of life could not have been sus- lies, thank you again for everything flexibility over Federal dollars they al- tained. you do. God bless you, and God bless ready receive for certain wildlife res- My prayers go out to his parents, the United States of America.∑ toration and hunter education pro- Don and Pam, his many brothers and f grams. sisters, and all those who knew and Since these funds come from an ex- loved Brandon. He is described as hav- RECOGNIZING OUR NATION’S isting excise tax on shooting and arch- ing a mischievous smile and a twinkle VETERANS ery equipment, this bipartisan proposal in his eye as well as a slight contrarian Mr. TESTER. Mr. President, today I doesn’t cost our taxpayers a dime and streak. By all accounts, he was liked wish to honor John V. Klobofski, a vet- instead simply helps those paying into by all who knew him, and I know he eran of World War II. It is my honor to the system—which are primarily will be missed very deeply in his com- share the story of John’s military serv- sportsmen—to get a better return on munity. ice because no story of heroism should their investment. I understand he had an interest in ever fall through the cracks. Earlier this year, I asked our fellow American history, and his love of his John was born in Cleveland, MT, in Coloradans to tell me why they support country is evident from his deep desire 1919. After graduating from Chinook my efforts and why they would like to to serve. He has now given the ulti- High School, he enlisted in the Na- see more high-quality shooting ranges, mate sacrifice on behalf of his fellow tional Guard, where he served for 3 and I wish to close with some of their countrymen, and his name will be im- years. words. mortalized alongside all those other Donald, from Pagosa Springs, CO, He then attended classes at Northern American patriots who have laid down said: Montana College and worked for the their lives in the name of freedom. Weather Bureau in Havre. We desperately need a range facility in our ∑ area to be able to continue teaching our kids Mr. BEGICH. Mr. President, I rise to John reenlisted in 1940 and was as- and those who are new to hunting how to commend the members of the 4th Bri- signed to the 41st Infantry Division, safely handle firearms. gade Combat Team (Airborne), 25th In- made up of guardsmen from across the From Gary, in Aurora, CO: fantry Division from Joint Base West. As a member of the 163rd Infan- These ranges are not just a place to shoot. Elemendorf-Richardson, AK, upon the try Regiment, John was a part of the I cannot stress this enough as we are seeing completion of their deployment to Af- campaign to capture New Guinea, more and more clubs closing down: We need ghanistan in support of Operation En- which was then under Japanese con- more places to teach, enjoy and relax with during Freedom. trol. Dubbed Operation Persecution, fellow shooters. I had the chance to be there in person his unit landed ashore at Aitape on So in the spirit of those Coloradans, when part of the brigade arrived at April 22, 1944. Within a number of days, I urge my colleagues to support the Fort Richardson. It was great to see the unit had captured and secured two Sportsmen’s Act of 2012 and put these our soldiers reunited with their fami- airfields, and supplies were being deliv- bipartisan, commonsense proposals to lies after so long apart. I was glad to be ered to the island. work for America’s sportsmen as soon there last year when the 4/25 deployed, Because of how quickly they were as possible. and I am pleased to offer my best wish- able to seize these airfields, John’s unit

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15108 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 was awarded a Presidential Unit Cita- started long before statehood during put their lives on the line. We honored tion. World War II with the Alaska Terri- their service and accomplishments But fighting continued in the region torial Guard. Thousands of Alaska Na- with the dedication of a memorial flag for several days and many men, includ- tives voluntarily took up arms in de- pole on the University of Arkansas ing John, were killed. SSG John fense of our Nation and established a campus. Klobofski died on April 30, 1944. history of commitment and sacrifice Maurice L. Britt was born in Carlisle, On October 16, 2012, in the presence of that lives on in Alaska today. We are AR, in 1919. On November 10, 1943, his family, it was my great honor to fi- proud of the thousands of Alaskans, north of Mignano, Italy, Army Lieu- nally present to John’s family his and especially Alaska Natives, who tenant Britt was wounded in battle, Bronze Star Medal, a Purple Heart, and continue to volunteer to protect our but he refused medical attention and a Presidential Unit Citation. homeland. As members of the Alaska proceeded to lead a handful of men in a It was also my honor to present an Army National Guard, as Alaskans who counterattack against the Germans. American Defense Service Medal, an have stood up for America, the mem- Lieutenant Britt and his men ulti- Asiatic-Pacific Campaign Medal with bers of Bravo Company carry on our mately captured four Germans and en- Two Bronze Stars, a World War II Vic- State’s long legacy of service. abled captured Americans to escape. tory Medal, and a Combat Infantryman Bravo Company accomplished incred- Nathan Green Gordon was born in Badge First Award. ible things during its time in Afghani- Morrilton, AR, in 1916. On February 15, These decorations are small tokens, stan. While deployed to Kandahar, 1944, in the Bismarck Sea, Navy Lieu- but they are powerful symbols of true Farah, and Zabul, our Guardsmen sup- tenant Gordon was the commander of a heroism. Sacrifice. And dedication to ported three provincial reconstruction Catalina patrol plane. Braving close- service. teams. Their efforts have contributed range fire from the enemy, Lieutenant These medals are presented on behalf enormously to promoting security and Gordon rescued U.S. airmen of the U.S. of a grateful nation. the rule of law in Afghanistan and have Army 5th Air Force in full view of the Mr. President, today I also wish to helped moved the United States closer Japanese. He made a daring escape honor Alan R. Shennum, a veteran of to accomplishing its mission in the under direct fire to fly them to safety. the Vietnam war. It is my honor to country. Edgar H. Lloyd was born in Blythe- share the story of Alan’s military serv- I would also like to take this oppor- ville, AR. On September 14, 1944, near ice because no story of heroism should tunity to recognize the families of Pompey, France, Army First Lieuten- ever fall through the cracks. Bravo Company. Our guardsmen faced ant Lloyd was serving as a rifle platoon Alan was born in Helena, MT, in 1946. a difficult mission in Afghanistan, and leader in Company E of the 319th Infan- After graduating from high school, he they simply could not have done it try. Assigned task of removing 200 enlisted in the Army and trained at without the support of their loved ones enemy forces from their position, Lieu- Fort Wolters in Texas before attending back home. Thank you all for your tenant Lloyd’s company was within 50 flight school at Hunter Army Airfield service, sacrifice, and dedication. yards of the enemy position and suf- in Georgia. fered many casualties. Despite the Alan was sent to Vietnam in Sep- As citizen-soldiers, the members of enemy threat, First Lieutenant Lloyd tember of 1968, where he flew heli- Bravo Company hail from throughout encouraged his fellow soldiers by at- copters as part of the Fourth Army Di- Alaska. They come from Anchorage, tacking enemy machine gun positions, vision. Bethel, Chevak, Delta Junction, In October of 1968, Alan was wounded Dillingham, Eagle River, Ekwok, personally destroying five machine while flying a combat operation. Be- Emmonak, Fairbanks, Fort Greely, guns. His valor inspired the men to cause his injuries were not severe, he Hooper Bay, Houston, Juneau, Kipnuk, overrun the enemy position. returned to duty and flew over 30 mis- Kodiak, Kongiganak, Kwethluk, Little Seymour W. Terry was born in Little sions in all. Warrant Officer Alan Diomede, Marshal, Nikiski, Nome, Rock, AR. On May 11, 1945, on Zebra Shennum retired from service in 1971 North Pole, Palmer, Port Graham, Hill, Okinawa, Ryukyu Islands, Army but never received his medals. Quinaag, Scammon Bay, Shishmaref, First Lieutenant Terry led his com- On October 17, 2012, in the presence of Sitka, Tuluksa, Upper Kalskag, Valdez, pany on an attack when his men came his family, it was my great honor to fi- Wasilla, and Wrangell. They return under heavy enemy fire. He singlehand- nally present to Alan the National De- now to communities proud of their edly began securing the hill, running fense Service Medal, the Army Aviator service and grateful to have them directly towards the enemy and de- Badge, the Good Conduct Medal, and home. stroying the strongholds. He sealed 4 the Vietnam Service Medal. As a member of the Senate Armed pillboxes with explosives, killed 20 Jap- It was also my honor to present an Services Committee, I commend B anese and destroyed 3 machine guns. Air Medal with 32 Oak Leaf Clusters, a Company, 1st Battalion, Airborne, He continued his assault on the hill to Vietnam Campaign Medal, and two 143rd Infantry Regiment, for their dedi- allow his troops to advance. As First Overseas Service Bars. cation, commitment, and sacrifice. We Lieutenant Terry was reorganizing the These decorations are small tokens, owe them a debt of gratitude that can company, he was mortally wounded. but they are powerful symbols of true never fully be repaid. His heroism inspired the platoon to heroism. Sacrifice. And dedication to To both Bravo Company and the fam- continue the mission. service. ilies, thank you again for everything James L. Stone was born in Pine These medals are presented on behalf you do. God bless you, and God bless Bluff, AR. On November 21 and 22, 1951, of a grateful nation. the United States of America.∑ near Sokkogae, Korea, First Lieuten- ∑ Mr. BEGICH. Mr. President, I also Mr. BOOZMAN. Mr. President, today ant Stone’s platoon was attacked by wish to commend the members of B I wish to recognize the heroic Univer- Chinese forces. Courageously, he stood Company, 1st Battalion, Airborne, sity of Arkansas alumni whose actions and directed his men while repairing a 143rd Infantry Regiment of the Alaska earned them the Nation’s highest dis- faulty flamethrower. He was wounded Army National Guard upon the comple- tinction for valor in military action, but continued to fire on the enemy dur- tion of their deployment to Afghani- the Congressional Medal of Honor. ing a second attack and encouraged the stan in support of Operation Enduring Throughout the storied history of the platoon members’ efforts to protect Freedom. University of Arkansas, many men and their position. I had the chance to be there in person women have served their Nation with It is people like Maurice Britt, Na- when the company deployed, and I am honor and valor, and five of these self- than Gordon, Edgar Lloyd, Seymour pleased to offer my best wishes now as less heroes have earned our Nation’s Terry, and James Stone whose resil- we celebrate their safe return home. highest military honor. ience, bravery, and courage exemplify Alaska has a special relationship On Monday, November 12, 2012, we the American spirit. Their legacies will with our military. That relationship recognized these valiant heroes who live on as we remember all of our brave

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15109 service members who selflessly serve hotel reward points to military fami- lives. It is an honor to have had them our Nation to protect its ideals and in- lies. Many of those families will be vis- here, and I join with all Coloradans in terests. iting their loved ones at Walter Reed in thanking them for all they have done Mr. CARDIN. Mr. President, I wish to my home State of Maryland. With for us. acknowledge the millions of brave fewer than 1 percent of all Americans I also want to say a word about the American veterans who have given of currently serving in our All-Volunteer volunteers from Honor Flight of South- themselves to protect this great Nation Armed Forces, the sacrifices of the few ern Colorado who made this trip pos- and our precious liberties. I thank not are not always felt by the many. Do- sible. They are great Coloradans in only our veterans but also men and nating unused frequent flyer airline their own right, and their mission to women currently in uniform and all miles and hotel points is a wonderful— bring our southern Colorado veterans their families. The sacrifices our vet- and easy—way for Americans to ex- to Washington, DC, is truly commend- erans and service members make are press their appreciation for our brave able. They have been doing great work enormous: remote deployments, long warriors and their families. Another since their inaugural flight in June deployments, injuries, and worse. worthy organization is America’s Vet 2012, this week bringing another group Despite the inherent risk, the United Dogs, which is working with inmates of American heroes to Washington, DC. States continues to attract the most provided by the Maryland Department The volunteers of Honor Flight of qualified and dedicated citizen soldiers. of Public Safety and Correctional Serv- Southern Colorado believe our veteran The role of the citizen soldier in this ices to train service dogs to aid return- heroes aren’t asking for recognition, country is older than the United States ing veterans who are disabled. but they certainly deserve it. This op- itself. From the first shots declaring There are countless other groups portunity to come to Washington is our independence to the current war in doing an immeasurable amount of good just a small token of appreciation for Afghanistan, Americans have enjoyed for our veterans and their families but those who gave so much. unparallel freedom and security thanks we always can—and should—do more. I wish to publicly recognize the mem- to those among us who are willing to So on this Veterans Day, I ask that all bers of the Southern Colorado Honor put themselves in harm’s way. Americans give something back to the Flight who visited their Nation’s Cap- This past Sunday, we formally hon- people who have given so much for this ital, many seeing for the first time the ored our Nation’s veterans and we cele- country. Our veterans deserve it, and memorials their Nation built as a trib- brated how privileged we are to have a our country is made stronger when ev- ute to their selfless service. These are fighting force as committed to excel- eryone makes sacrifices for it. Vet- the lucky veterans, the ones who came lence as our own. Our expressions of erans understand sacrificing for others; home. Their war memorials also pay gratitude, however, should manifest we honor our veterans if we understood tribute to those who have paid the ulti- themselves in actions that make posi- that too. mate price. Today I honor these Colo- tive impacts on the lives of the vet- Mr. President, as we honor the brave rado veterans on their visit to Wash- erans to whom we owe so much. Presi- men and women who have served in our ington, DC: dent John Kennedy once said: ‘‘As we military, we also must turn our From the U.S. Army: Adolph Wolff, express our gratitude, we must never thoughts and prayers to those who cur- Jack Traxler, Earl Clark, Leroy Jen- forget that the highest appreciation is rently wear a uniform in service to our sen, James Beham, and Sherwood not to utter words, but to live by country, especially those in harm’s Gray; from the U.S. Army Air Corps: them.’’ So today I will utter words I way in Afghanistan and around the Howard Casey and Will ‘‘Lew’’ hope you will join me in living by. world. They are tomorrow’s veterans. Finlaynson; from the U.S. Navy: Ray- When we say ‘‘we owe our freedom to So during this lameduck session of the mond Feather, Howard Pease, Pete our men and women in uniform,’’ we 112th Congress and as we prepare for Demario, James Welty, and Clyde must make sure our veterans are treat- the 113th Congress, I urge my col- Womer; and from the U.S. Marine ed as such. We must make sure that leagues to consider our Active-Duty Corps: Jess Masias. those veterans who need help service members, our veterans, and Our Nation asked a great deal of transitioning back to civilian life have their families’ needs as we legislate. It these individuals: to leave their fami- the resources to do so. We need to be is my deepest hope addressing those lies to fight in unknown lands against sure veterans can find suitable jobs. needs will not be mired down by par- a deadly enemy. And each of these When our men and women return tisanship on either side of the aisle. brave Coloradans bravely answered the home, they should have access to the In closing, I would like to extend my call, placing themselves between this best medical care, education, and deepest and most sincere thanks to our country and harm. They served our training available so they can continue Active-Duty service men and women, country through dangerous times, to be beacons of model citizenry. veterans, and their families. I thank when democratic nations and ideals Let this Veterans Day be a catalyst you for your selfless service, your dedi- around the world were threatened, and for how we treat veterans for the rest cation, your strength of character, and they saved entire continents from fall- of the year and beyond. The apprecia- your courage. As a nation, we owe you ing to fascism and tyranny. tion, gratitude, and respect shown to an eternal debt of gratitude and appre- Please join me in thanking these Col- veterans today should be ever-present. ciation for your innumerable sacrifices orado veterans and the volunteers of The men, women, and families who pro- on our behalf. Honor Flight of Southern Colorado for tect us deserve so much more than just Mr. UDALL of Colorado. Mr. Presi- their tremendous service to an eter- 1 day to be publicly appreciated. Every dent, I rise today to pay tribute to the nally grateful nation. American can do something to repay outstanding military service of a group Mr. BARRASSO. Mr. President, we our veterans. There are many organiza- of incredible Coloradans. These World have all paused to remember our Na- tions dedicated to helping veterans. War II veterans each played a role in tion’s veterans this week. This year, For instance, I have had the distinct defending the world from tyranny, the Daniels Scholars wrote letters to honor to work on legislation with my truly earning their reputation as the our country’s heroes in uniform. These colleague C.A. DUTCH RUPPERSBERGER ‘‘greatest generation’’ through their letters, published in Because of you to help Fisher House, an organization service and sacrifice. Now, thanks to . . . Letters of Gratitude from the 2012 that arranges for travel and accom- an organization dedicated to honoring Daniels Scholars to the Defenders of modations for family members who these veterans for all they have done American Freedom, are heartwarming. visit their wounded warriors as they for us, these great Coloradans came to The Daniels Scholarship Program recuperate in hospitals away from Washington, DC, to visit the National was created by a true American pa- home. Fisher House established a pro- World War II Memorial, to share their triot, Bill Daniels. Bill was awarded gram called Hotels for Heroes which al- experiences with later generations and the Bronze Star for his service in the lows travelers to donate credit card to pay tribute to those who gave their Navy in World War II. He was called

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15110 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 back into service during the Korean on environmental protection, and Re- while always representing and serving War. Bill went on to have a tremen- publicans even sometimes led the way the people of Pennsylvania. He believed dously successful career. Due to his forward. He implemented and defended in aggressive oversight of government generosity, young people from Wyo- the Clean Air Act and helped protect agencies, regardless of the administra- ming, Utah, New Mexico, and Colorado the health and welfare of millions of tion’s affiliation, from our bipartisan are selected to be Daniels Scholars. In Americans. In recent years, he specifi- investigation of the shootout at Ruby addition to their college tuition and cally criticized the modern Republican Ridge, to the political firings of U.S. fees, they receive tremendous support party’s rejection of health and science- attorneys and the threats to civil lib- and encouragement to give back to based decisionmaking, especially as re- erties posed during the Bush adminis- their communities. lated to EPA’s authority to address cli- tration. He reached across the aisle to Mr. President, I ask unanimous con- mate change and carbon pollution. In a partner with me to try to pass com- sent to have printed in the RECORD the 2010 interview, he stated that he had prehensive asbestos legislation and we letter written by Megan Saylor from become a registered Independent. joined to reauthorize the Voting Rights Casper, WY. May it inspire all who read I hope that the Republican Party will Act during the Bush administration. it. soon return to the example of states- He supported more transparency, in There being no objection, the mate- manship and good governance set by every branch of our government, to en- rial was ordered to be printed in the Russell Train. Our Nation has enor- sure the American people knew what RECORD, as follows: mous environmental challenges, like their government was doing. He was a Dear Soldier, climate change, that must be addressed strong supporter of law enforcement I would like to begin by thanking you from the bottom of my heart for your military in a bipartisan fashion. and a vigorous and fair judicial system. service to our country. I’m struggling to find If today’s Republican Party leader- And he joined with TOM HARKIN to di- the appropriate words that can explain how ship continues to keep its members’ rect billions of dollars to the National thankful I am, but the truth is, there are heads stuck in the sand on the matter Institutes of Health and cancer re- none. Because of you, I am able to sit in this of the manmade carbon pollution that search. room and freely express my thoughts and is contributing to record-setting His work ethic and dedication were begin my path on to a bright future. You drought, heat waves, floods, and other tested when he was first diagnosed made the sacrifice for me, and now it’s my extreme weather in the United States with an advanced form of Hodgkin’s turn to return the favor to you. I may not be able to repay you with what you gave me, and globally, they will bear the great- lymphoma in 2005. Through that or- my freedom, but I can assure you that I will est responsibility for the economic, deal, Arlen kept his humor, his spirit, reach for my dreams. I will be successful. I ecosystem, and public health damages and his rigorous work schedule. He will make a difference. As a 2012 Daniels that will only accelerate and grow over served as chairman of the Judiciary Scholar, I will live my life with integrity, time. Committee in 2005 and 2006. I was the honesty, loyalty, character, and I will con- They would be wise instead to adopt ranking Democratic member of the tribute and give back to my community. All Mr. Train’s worthy counsel from his committee during those years and too often, we take for granted our rights and memoir: ‘‘Today, as a nation, we ur- worked collaboratively to make my freedoms; we live in the best country in the world and you made that possible. You and gently need to develop the political friend a success and ensured that we your family. Actually, after listening to our will to overcome our avoidance of dif- treated him fairly. During those years speakers from the military, meeting with my ficult environmental decisions. The and those that followed, when it was friend who just returned from Afghanistan, problems will only get worse, and we my turn to chair the committee and and now writing this letter to you, my major have a long way to go.’’ his to lead the Republican members, we could be changing. Helping our country’s sol- f used to joke that we spoke to each diers would be the ultimate way to return other more often than we spoke to our REMEMBERING SENATOR ARLEN the favor. You are an amazing person for wives, Marcelle and Joan. what you did for our country. Just know SPECTER Arlen was a fighter. I never knew wherever you are, whatever struggle you are Mr. LEAHY. Mr. President, it was going through, just know you aren’t forgot- anyone who worked or fought harder. I ten. I’ll think about you constantly, praying more than 40 years ago when two think he hoped to fight through his dis- for you and those who are still fighting, and young prosecutors, one from the big- ease one more time. those who will never return. Because of you, gest city in Pennsylvania and one from The history books will note that I am living a better life, and I won’t dis- a smaller town in rural Vermont, came Arlen Specter was the longest-serving appoint you, my country and my commu- together at an annual meeting of the U.S. Senator in Pennsylvania history. nity. Thank you again from the bottom of National District Attorneys Associa- History should remember Arlen Spec- my heart. Never give up! tion in Philadelphia. Little did Arlen Sending my highest regards, respect, and ter as a person who tried to do what he love, Megan Saylor, Casper, Wyoming. Specter and I know then that we would thought was best for the country and spend 30 years working together in the f to challenge the ever more constricting United States Senate, building on our litmus test of partisan politics. He rep- REMEMBERING RUSSELL TRAIN bond as former prosecutors, seeking to resented Pennsylvania and served the Mr. REID. Mr. President, I rise to bridge the partisan divide, and striving Nation. Like the Republican Senators briefly honor a distinguished former to find common ground on some of the who have represented Vermont, Arlen Republican environmental and con- most contentious issues of our time. is an example to all senators, of any servation leader. As my colleagues Arlen Specter’s public service began party. He will be missed. know, Russell Train passed away on during the Korean War. When elected f September 17. to serve as Philadelphia’s District At- Mr. Train was the first head of the torney, he led landmark prosecutions REMEMBERING ROGER D. FISHER Council on Environmental Quality against public corruption and to rid his Mr. LEAHY. Mr. President, on Au- under President Nixon and the second city’s streets of some of the country’s gust 25, 2012, the United States and the EPA Administrator, serving under both most hardened criminals. He was a world lost one of its most creative Presidents Nixon and Ford. He was the prosecutor’s prosecutor. thinkers and problem solvers. Roger D. chairman emeritus of the World Wild- Arlen Specter also was a Senator’s Fisher, Williston Professor of Law at life Fund and helped found the organi- Senator. He loved the Constitution, he Harvard University and coauthor of zation in the 1960s. He founded the Af- loved and honored the institutions of ‘‘Getting to Yes: Negotiating Without rican Wildlife Leadership Foundation our democracy, and he loved policy- Giving In,’’ the most widely read book in 1961 and was president of the Con- making and the political process. As a ever written on the subject, was 90 servation Foundation from 1965 to 1969. Senator he tried to put the interests of years old. He was a shining example of the age the Nation and the Senate’s special Roger Fisher was a pioneer and a when the political parties cooperated role in our system above partisanship giant in the field of negotiation. He not

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15111 only changed the way people think [Sept. 15, 2012] He had his failures. As a Pentagon adviser about dispute resolution, inspiring and ROGER FISHER in the 1960s he suggested several ‘‘yesable mentoring countless students who have ROGER FISHER, LAWYER, TEACHER AND propositions’’ to put to the North Viet- PEACEMAKER, DIED ON AUGUST 25TH, AGED 90 namese; Robert McNamara listened, but not gone on to use his teachings in their the military brass. In 1967 he had fun trying He might be an academic—40 years on the own careers, he applied his theories to to nurse the tiny, dusty island of Anguilla to real-life conflicts from South America faculty of Harvard Law School—but Roger Fisher was really a fixer. He would relax by independent statehood, but the experiment to the Middle East. mending the plumbing, or laying brick ter- was overturned. South Africa possibly satis- races at the summer house he loved in Mar- fied him most: the Afrikaner cabinet and I had the good fortune to meet Roger ANC officials, trained separately by him in and was struck by his affable manner tha’s Vineyard. But that was tiddler stuff. At breakfast he would scan the New York negotiation workshops, agreeing to end and big smile, his inquisitive mind, Times, looking for bigger problems he could apartheid without resorting to violence. and, perhaps above all, his enthusiasm fix: arms control, hostage-taking, the Middle LESSONS FROM THE SOUK for devising creative ways to help oth- East. Over dinner the conversation would be Mr. Fisher’s motivation was as clear as his ers solve seemingly intractable prob- sorting out Vietnam, or ending the war in El writing. He hated war. His own service had lems and in doing so make the world a Salvador. At his 80th birthday party, most been as a weather reconnaissance officer; in better place. No conflict was too big or other guests gone, he was found deep in a the course of it he had lost his roommate and many college friends. He had also flown too small. He had imaginative, discussion of peace between Arabs and Israelis. often over Japan, harmless morning flights thoughtful approaches to everything, As long as there were disputes in the world which the Japanese, pre-Hiroshima, had fa- from ending the Vietnam war to resolv- and energy in his body, he was going to help tally learned to ignore. All those deaths ing an argument among siblings at the resolve them. If it needed a letter to a head weighed on him. family dinner table. of state, he would send it. If it needed him on More light-heartedly, he grew up as one of the next flight to Moscow or Tokyo, he six children, preferring to strike bargains Roger was a gifted advocate. He had would catch it. People didn’t have to invite rather than land a punch. Later on, still bar- a brilliant mind and an extraordinary him in. He would go anyway, tall, slim and gain-minded, he would stroll the souks of ability to persuade. But, as others have smiling, and slip into action behind the Damascus or Jerusalem, looking to expand said, ‘‘he taught that conflict was not scenes. With that sunny confidence he al- his collection of ancient weights. Every one simply a ‘zero-sum’ game in which a ways had, he knew he could make the world of those pieces represented a tough negotia- fixed pie is simply divided through hag- better. And so did others: J.K. Galbraith re- tion successfully concluded. For those who marked that if he knew Mr. Fisher was on to found his principles too idealistic, he could gling or threats.’’ Rather, it was about a problem, it always eased his conscience. point to age-old haggling tricks he also rec- how one approaches the problem, rec- Mr. Fisher had a system. He outlined it ommended: pretending not to be interested, ognizing the other side’s needs, under- with William Ury in his book ‘‘Getting to refusing to react to pressure, being prepared standing their interests, and in doing Yes’’ (1981), which sold 3 million copies; he to walk away. so maximizing outcomes for both sides. also taught it to students, especially, from His most pleasing bargain, though, was the That was the genius of the ‘‘without 1979, through his Harvard Negotiation one he made to get his lot on the Vineyard. Project. Like all good tools, it got better There he built a glass and shingle house giving in’’ part of ‘‘Getting to Yes.’’ with use. In any negotiation, he wrote—even right between the pounding ocean and While some might assume he meant with terrorists—it was vital to separate the Watcha Pond, where ospreys nested. When he getting one’s way at another’s expense, people from the problem; to focus on the un- first found the place, the owner refused to Roger recognized that is rarely possible derlying interests of both sides, rather than part with the few acres he needed. He would or desirable, and it is often not nec- stake out unwavering positions; and to ex- sell him only the whole property, 60 acres or essary for a good result. But he also plore all possible options before making a de- so, which cost too much. But Mr. Fisher called in friends, they all clubbed together, saw how lacking in the basic analytical cision. The parties should try to build a rap- port, check each other out, even just by the deal was agreed; and he spent 50 glorious and practical tools of negotiation most shaking hands or eating together. Each summers there, in just the sort of sweet, people are. should ‘‘listen actively’’, as he always did, to wise, negotiated peace he always wished for I often think of Roger when I see the what the other was saying. They should the world. House and Senate so polarized and in- recognise the emotions on either side, from a f longing for security to a craving for status. capable of the positive, creative think- And they should try to get inside each oth- REQUEST FOR CONSULTATION ing and compromise that are necessary er’s heads. Mr. COBURN. Mr. President, I ask to deal effectively with issues of impor- That was the theory, and Mr. Fisher de- consent that the following letter be lighted to put it into practice. At the Geneva tance to our constituents, to the coun- printed in the CONGRESSIONAL RECORD. summit of 1985, for example, Ronald Reagan try, and to the world. ‘‘Getting to Yes’’ There being no objection, the mate- should be mandatory reading for every on his advice did not confront Mikhail Gorbachev, but sat by a roaring fire with rial was ordered to be printed in the Member of Congress. It contains in- him while they exchanged ideas. More sum- RECORD, as follows: valuable lessons for the job the Amer- mits followed. A border war between Peru U.S. SENATE, ican people sent us here to do. and Ecuador was nipped in the bud when Mr. November 13, 2012, I want to express my condolences to Fisher advised the president of Ecuador Hon. MITCH MCCONNELL, (once a pupil of his) to sit on a sofa with the Roger’s two sons, Elliot and Peter. El- Senate Minority Leader, Peruvian president, and look at a map with U.S. Senate, Washington, DC. liot Fisher lives in Vermont, is a re- him. Interviewing President Nasser of Egypt DEAR SENATOR MCCONNELL: I am request- spected physician at the Dartmouth- in 1970, Mr. Fisher asked him how Golda ing that I be consulted before the Senate en- Hitchcock Medical Center and a lead- Meir, then Israel’s prime minister, would be ters into any unanimous consent agreements ing voice for health policy reform. regarded at home if she agreed to all his de- or time limitations regarding H.R. 6062, Ed- Peter Fisher has had a distinguished mands. ‘‘Boy, would she have a problem!’’ ward Byrne Memorial Justice Assistance career in finance, including at the Fed- Nasser laughed. He then grew thoughtful, Grant Program Reauthorization Act of 2012. having briefly seen their dispute from her I support the goals of this legislation and eral Reserve Bank of New York and as point of view. believe state and local law enforcement an Under Secretary of the Treasury. I The Middle East, which caused him per- agencies are a vital part of the criminal jus- have no doubt they both have put to sonal grief, also brought his most public suc- tice system in this country. However, I be- good use the lessons of their father. cess. His principles were used all through the lieve the responsibility to support, fund, and Camp David negotiations of 1978, from the hold accountable state and local law enforce- Mr. President, I ask unanimous con- brainstorming over Jimmy Carter’s draft of ment agencies lies with the states and local sent to have printed in the RECORD an an agreement (23 rewrites) to the moment communities these brave law enforcement obituary in the Economist about Roger when Mr. Carter presented Menachem Begin, officers serve. Furthermore, while I do not Fisher. the Israeli leader, with signed pictures dedi- believe this issue is the responsibility of the cated, by name, to each of Begin’s grand- federal government; if Congress does act, we There being no objection, the mate- children. Deeply affected, Begin began to can and must do so in a fiscally responsible rial was ordered to be printed in the talk about his family. The accords were manner. My concerns are included in, but RECORD, as follows: signed that day. not limited to, those outlined in this letter.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15112 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 While this bill is well-intentioned, it could There is no question state and local law Stability: cost the American people approximately $800 enforcement play a vital role in maintaining Is the tax stable and predictable under million per year for 5 years without cor- order and safety in many communities. How- changing political, economic, regulatory and responding offsets, totaling $4 billion. Fur- ever, I believe this issue is the responsibility environmental conditions? thermore, with the exception of the extra of the states and not the federal government. Transparency: stimulus funding in 2009 through the Amer- Despite these constitutional limitations, if Is the tax visible, accountable and ican Recovery and Reinvestment Act Congress does act in this area we should auditable? (ARRA), the Byrne Justice Assistance Grant evaluate the program as most American in- Is the tax easy to understand, administer Program (JAG) has never received funding at dividuals and companies must do with their and cost effective to collect? the level authorized in this legislation. Ac- own resources; we should review current pro- f cording to the Congressional Research Serv- grams, determine any needs that may exist, ice (CRS), JAG funding has averaged $461 and prioritize those needs for funding by cut- 150TH ANNIVERSARY OF million per year since its first appropriation ting from the federal budget programs CONGREGATION SHAAREY ZEDEK in FY 2005, and appropriations have actually fraught with waste, fraud, abuse, and dupli- Mr. LEVIN. Mr. President, on Oct. 27, been trending downward since that time. cation. many of my fellow Michiganians gath- Without including the 2009 ARRA funding, Sincerely, the most Congress has ever appropriated to TOM A. COBURN, M.D., ered to recognize an event of enormous Byrne JAG in a single year is $546 million in United States Senator. historical and cultural significance to FY 2009. I recognize this legislation reduces f our State: the 150th anniversary of the overall authorization for the Byrne JAG Congregation Shaarey Zedek in the program; however, I do not believe this re- WYOMING TAXPAYERS City of Southfield, just outside my duction is sufficient to address the growing ASSOCIATION hometown of Detroit. federal spending problem in this country. Mr. BARRASSO. Mr. President, I rise For a century and a half, from its It is irresponsible for Congress to jeop- ardize the future standard of living of our today to submit for the RECORD a docu- humble beginnings in Detroit to its children by borrowing from future genera- ment that I think everyone in this emergence as one of the most impor- tions. The U.S. national debt is now over $16 body should consider. tant and influential institutions in the trillion. That means over $51,000 in debt for There is no question that our Nation American Jewish community, Shaarey each man, woman and child in the United is facing a challenging financial future. Zedek has played a vital role, not just States. A year ago, the national debt was Our country needs real leadership to for Michigan Jews, but for the commu- $14.7 trillion. Despite pledges to control recognize the problems that we are fac- nity at large. Even more important spending, Washington adds billions to the ing and address them directly. than its high profile events with high- national debt every single day. In just one For 75 years, my home State has ben- level speakers and guests is Shaarey year, our national debt has grown by $19 tril- efited from the knowledge and exper- lion or 8.8%. Zedek’s 150 years of day-in, day-out In addition to these fiscal concerns, there tise of the Wyoming Taxpayers Asso- service to faith, community and hu- are several problems specific to this legisla- ciation. The Wyoming Taxpayers Asso- manity. tion. First, the Byrne JAG program dupli- ciation has fought for transparency, Shaarey Zedek has played a vital role cates other sources of federal funding. State equity, balance, and stability for Wyo- in Jewish cultural and political life. It and local governments can use Byrne JAG ming taxpayers. is no coincidence that, as the threat of funds for projects in seven different purpose There is no question that the U.S Tax Nazi Germany rose, Shaarey Zedek areas: (1) law enforcement programs; (2) Code is a mess and in need of serious prosecution and court programs; (3) preven- hosted one of the most important reform. meetings of American Jews in the May tion and education programs; (4) corrections As we look to address our debt crisis and community corrections programs; (5) of 1938, warning Americans about Hit- drug treatment programs; (6) planning, eval- and reform the Tax Code, we should ler’s threat to European Jews and to uation, and technology improvement pro- take a responsible, sensible approach international security and strongly ad- grams; and (7) crime victim and witness pro- to taxation. vocating for Jewish emigration to Pal- The Wyoming Taxpayers Associa- grams. Several of these broad purpose areas estine to escape Hitler’s clutches. And are already covered by other federal grant tion’s ‘‘Cornerstones of Taxation’’ pro- in later years, Shaarey Zedek was one programs including Community Oriented Po- vides an excellent foundation that we of America’s leading voices in support licing Services (COPS), Second Chance Act should consider as we debate the future of oppressed Jews in the Soviet Union. grants, drug and mental health court grants, of the U.S. Tax Code. and the Debbie Smith DNA Backlog Grant I ask unanimous consent to have It was Shaarey Zedek where Detroit program, among others. Tigers slugger Hank Greenberg at- printed in the RECORD the Wyoming Second, Congress, particularly the Senate, Taxpayers Association’s ‘‘Cornerstones tended services on Yom Kippur of 1934, has not performed sufficient oversight of the in the midst of the American League Byrne JAG program to justify its reauthor- of Taxation.’’ There being no objection, the mate- pennant race, receiving a standing ova- ization at this time. Before reauthorizing tion from the congregation, serving as this or any program, Congress should per- rial was ordered to be printed in the form oversight to determine how a grant RECORD, as follows: a powerful symbol of Jewish identity, and, as he later put it in his autobiog- program is performing, evaluate how grant- WYOMING TAXPAYERS ASSOCIATION’S ees use federal funds, measure the results of ‘‘CORNERSTONES OF TAXATION’’ raphy, pleasing his relieved parents. the program, and analyze whether there are Justification: Like any religious institution, other federal programs funding the same Is there a justified need for the tax and is Shaarey Zedek has first and foremost purposes. In my federal deficit reduction it fiscally prudent? been a touchstone of faith. Congrega- plan, Back in Black, I noted that critics on Are existing government funds spent effi- tion Shaarey Zedek is one of America’s the right and left, along with the Depart- ciently before considering a new tax? most respected synagogues. Is the primary goal of the tax to generate ment of Justice Office of the Inspector Gen- Of particular importance to me is the eral, agree Byrne JAG experiences waste, revenue or does it modify behavior or influ- fraud, and abuse in a variety of ways and ence policy? congregation’s longstanding dedication should be reformed. Thus, I do not believe Equity: to tolerance, not just in matters of Congress should blindly reauthorize this pro- Does the tax impose equal and uniform li- faith, but in all matters of conscience. gram without oversight through a detailed abilities upon similarly situated taxpayers? At times of strife and conflict in Michi- review of its policies and practices. Is the tax constitutional? Does the tax disadvantage one taxpayer gan and the Nation, and in the face of Finally, I do not believe the federal gov- over another? discrimination or oppression, Shaarey ernment has the authority under the Con- Balance: Zedek has consistently served as a stitution to provide federal funds to state Does the tax result in diversification in voice of reason, peace, understanding and local governments for use on state and taxation? and equality. local criminal justice systems. Article I, Does the tax influence decisions regarding So this anniversary is important to Section 8 of the Constitution enumerates the spending, saving or investing? limited powers of Congress, and nowhere are Does the tax concentrate a financial bur- the Jewish community, and the larger we tasked with funding or becoming involved den on a few and will the tax distort eco- community. But it also means a lot to with state and local criminal issues. nomic behavior? me personally. Congregation Shaarey

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15113 Zedek is where my brother and I were of Thompson-Markward Hall, formerly RECOGNIZING TEXAS CENTER FOR bar mitzvahed. It is the spiritual home known as the Young Women’s Chris- SUPERCONDUCTIVITY of many who are dear to me, and to the tian Home. Thompson-Markward Hall ∑ community of which I am a proud is located on Capitol Hill, directly Mrs. HUTCHISON. Mr. President, member. I know my colleagues will across from the Senate Hart Building, today, the Texas Center for Super- want to join me in congratulating all and has long served as a temporary conductivity at the University of Hous- those who have made Congregation home for young women studying or ton (TCSUH) commemorates 25 years Shaarey Zedek such an important in- working in our Nation’s Capital, in- of achievements following the dis- stitution for 150 years, and who will cluding many who have interned or covery of the High Temperature Super- carry that tradition forward in the dec- worked in congressional offices. conductor YBCO by Dr. Paul C. W. Chu ades to come. Thompson-Markward Hall was found- and colleagues in 1987 and the estab- f ed in 1833 by Mary G. Wilkinson. lishment the Center by the State of Texas. ADDITIONAL STATEMENTS Wilkinson, who was grieving the death of her daughter, recognized the need to With ongoing support from the State, create a safe housing option for young the Center has continued to grow in TRIBUTE TO SHERIFF KEITH women moving to Washington seeking size and in the breadth of its programs FERGUSON employment, and she began housing which include basic and applied re- ∑ Mr. BOOZMAN. Mr. President, today two young women in her Capitol Hill search, technology development and I wish to honor Benton County sheriff home. The need for additional space transfer and advanced education and Keith Ferguson, who is retiring after soon led to the securing of a new loca- training. TCSUH maintains an infra- more than four decades of dedication to tion at Fifth Street, NW, where the structure that supports the inter- safety and law enforcement. early years of the home were funded disciplinary research and education Serving for 32 years with the Arkan- through the generosity and hard work that is necessary to advance new fields sas State Police, with more than half of Wilkinson, her friends, benevolent and accelerate scientific discovery. of those years as supervisor of Carroll merchants, and other community I am intensely committed to invest- and Benton Counties, Keith made a ca- members. reer out of helping the people of Arkan- ing in science and research and Texas’ In 1887, the Young Woman’s Christian place at the top of that ladder. In 2004, sas. Home was chartered by Congress and In 2003 he became the sheriff of Ben- I worked to create TAMEST The Acad- incorporated to provide temporary ton County, a position he still holds emy of Medicine, Engineering and housing for young women coming to today. In the past 10 years he has prov- Science of Texas a vehicle for Texas in- en his commitment to keeping Arkan- the District of Columbia. The assist- stitutions to share knowledge and re- sans safe. I have worked with Sheriff ance Congress provided to this home search, to know what others in the sci- Ferguson and other community leaders during its early years stands today as a entific fields were working on. Today, during the institution of the 287(g) Pro- strong example of ways Congress can with better information sharing, Texas gram with Immigration and Customs show support and lend short-term as- has gone from sixth to third as a re- Enforcement, commonly known as ICE. sistance to help an organization get its cipient of Federal research funding. This local, State, and Federal coopera- legs. By 1906, the trustees believed the Science and technology are critical tion has played a key role in com- home could manage without Federal to the future growth and prosperity of bating illegal immigration in North- assistance, and the congressional ap- our country. America must continue to west Arkansas. propriation was discontinued Today Keith also helped create a child the home remains a self-sustaining or- prioritize scientific research and tech- internet pornography investigation ganization funded through endowments nological development that fuels our unit to help keep our children safe and and residents. economy, creates jobs, improves health has championed the use of inmate Today, Thompson-Markward Hall care and helps to promote our national labor to help the county through pro- also remains, true to its founding prin- security and global leadership. grams such as Habitat for Humanity ciples, a safe, comfortable, moderately- This is incredibly important to both and the Northwest Arkansas Food priced place for young women to live Texas and America. Since World War Bank. when studying or establishing careers II, more than half of US economic As sheriff of Benton County, he has in Washington. Retaining the spirit of growth can be attributed to techno- improved outreach to children and the Mary G. Wilkinson’s founding inten- logical innovation; part of this is a di- elderly and efficiency in the office with tions, Thompson-Markward Hall has rect result of Federal investment in upgraded technology and improved earned a reputation as a special place science and technology. equipment and employee training. for its residents, helping equip them Texas’ world-class research institu- Keith’s commitment to safety has with a strong foundation for developing tions and university-based innovation been recognized at the State level, lifelong friendships and fostering a centers like TCSUH bring new tech- earning the Arkansas State Police deep regard for Washington, DC, and nology and research together with Commendation Award for his heroics in the opportunities the city offers. apprehending a suspect and the North- savvy entrepreneurs, creating new west Community Valor Award for his As Thompson-Markward Hall cele- businesses and, most important, cre- role in capturing three prison escapees. brates another important milestone in ating jobs. I congratulate Sheriff Keith Fer- its history, it is important that we rec- ognize and congratulate this organiza- TCSUH contributes to the goals of guson for his outstanding achieve- strengthening the prominence of Texas ments and success in law enforcement, tion and especially the many talented individuals who have worked hard and as a national research leader by at- and I ask my colleagues to join me in tracting top quality researchers to the honoring him on his retirement. I wish given of their time and talents to help found this residence and now work to State, educating the next generation of him continued success in his future en- scientists and engineers, and building deavors. Benton County is a better maintain and further its rich legacy. It is the efforts of all of these individuals, links with industry to commercialize place to live thanks to his years of new technologies and create quality service and leadership to Arkansas.∑ and especially Mar G. Wilkinson, Bes- sie J. Kibbey, Flora Markward Thomp- jobs. f son, and past and present Board of I congratulate Dr. Chu and his col- RECOGNIZING THOMPSON- Trustee members and staff, who have leagues at TCSUH on this important MARKWARD HALL helped make Thompson-Markward Hall occasion and extend my best wishes to ∑ Mr. HOEVEN. Mr. President, today I a wonderful housing option for thou- all for many more years of continued wish to recognize the 125th anniversary sands of young women.∑ success.∑

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15114 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 25TH ANNIVERSARY OF DAKOTA tiful, yet markedly unpredictable cli- with three new classroom buildings and RURAL ACTION mate of western South Dakota where four new residence halls. During that ∑ Mr. JOHNSON of South Dakota. Mr. he has provided important safety and period, Southwest Missouri State Uni- President, today I wish to commemo- weather communications to the people versity added the State Fruit Experi- rate the 25th anniversary of Dakota of South Dakota for 25 years. ment Station in Mountain Grove and a Rural Action. I am proud to honor the Mike has received the Seal of Ap- new campus in West Plains, Missouri. members and stakeholders involved in proval for Television Weathercasting In recognition of his contributions, Dakota Rural Action and extend my from the American Meteorological So- Southwest Missouri State University congratulations to them on this memo- ciety, which is considered the most honored Dr. Meyer by naming the rable occasion. prestigious award in weather broad- school’s new library after him. Dakota Rural Action is a local, casting. His dedication to timely, reli- After leaving the president’s office, grassroots organization that exhibits able forecasting across western South Dr. Meyer continued to teach as a pro- leadership through community orga- Dakota is indicative of his passion and fessor emeritus of history. He also nizing. They strive to give South Dako- commitment to the safety of all South served as a member on the Missouri tans a strong voice by working with Dakotans. As Mike celebrates his silver Council of Public Higher Education local, State, and Federal Government anniversary with KOTA, it is my pleas- Board and on the Missouri Humanities officials on issues and decisions involv- ure to thank him for his service.∑ Council. Dr. Meyer’s research has pro- ing family agriculture, conservation, f duced two text books, including The Heritage of Missouri: A History, which and overall quality of life. The mem- TRIBUTE TO DR. DUANE MEYER bers of DRA were also early vocal advo- serves as a valuable reference for stu- cates of my Country-of-Origin Label- ∑ Mr. BLUNT. Mr. President, today I dents learning about Missouri history. ing, COOL, law, which has enabled con- wish to honor Dr. Duane Meyer, histo- Dr. Meyer’s leadership and dedication sumers to access information about rian, educator, author, former univer- to excellence have reshaped one of the where their food is coming from and sity president and my friend. Fittingly, region’s great universities and bene- enabled producers to get a better price the Greene County Historical Society fited countless students who have for their products. honored Dr. Meyer in October with its passed through its halls. Congratula- The Dakota Rural Action organiza- Life Time Achievement Award for his tions to Dr. Meyer for enhancing our tion started in 1985 as a steering com- body of work enriching Missouri’s edu- understanding of Missouri history and mittee called the South Dakota Rural cational, historical and cultural life. making it available for future genera- Organizing Project. The committee was Dr. Meyer, through his dedication, is tions.∑ recognized as one of Missouri’s most tasked with finding substantive and ef- f fective ways to organize citizens on a distinguished historians. Dr. Meyer grassroots level, largely due to the served as a teacher for 18 years and as MESSAGES FROM THE PRESIDENT farm crisis of the late 1980s. When the an administrator for 22 years (1971–1983 Messages from the President of the need for a more sustained, long-term as president of what is today Missouri United States were communicated to organization became evident, Dakota State University). He arrived in the Senate by Mr. Pate, one of his sec- Rural Action was formally created. Springfield in 1955 with a Ph.D. from retaries. The founding members wanted to cre- the University of Iowa. Dr. Meyer ate a nonprofit, nonpartisan, commu- began his career as an assistant pro- f nity-driven organization that focused fessor of history and later became a EXECUTIVE MESSAGES REFERRED on the causes and larger issues affect- full professor of history. By 1961 he was dean of facilities for what was then As in executive session the PRE- ing rural America, rather than just the SIDING OFFICER laid before the Sen- effects of the farm crisis. On January Southwest Missouri State College. Ten years later Dr. Meyer was selected as ate messages from the President of the 10, 1987, Dakota Rural Action held its United States submitting sundry nomi- first meeting in Brookings, SD, to the sixth president of Southwest Mis- souri State College, which earned uni- nations which were referred to the ap- adopt bylaws and an organizational propriate committees. structure, set membership dues, and to versity status in 1972. During his 12 years at the helm of (The messages received today are establish an issue platform. printed at the end of the Senate pro- Today, Dakota Rural Action remains Southwest Missouri State University, ceedings.) a vibrant, statewide network of six enrollment increased to an all-time chapters. They celebrated their 25th high (62 percent), making it the second f largest 4-year public institution of anniversary at their annual meeting in MESSAGES FROM THE HOUSE higher learning in Missouri. Southwest Brookings, SD on November 9 and 10, RECEIVED DURING ADJOURNMENT 2012. It is a great privilege for me to Missouri State University was trans- recognize Dakota Rural Action’s 25 formed with the creation of an aca- ENROLLED BILLS AND JOINT RESOLUTION years of service to South Dakotans, as demic master plan, including a new SIGNED well as their continuing commitment business school, construction of a stu- Under the authority of the order of to the issues and causes that affect dent event center and elevation of the the Senate of January 5, 2011, the Sec- South Dakota and rural areas across athletic program to NCAA Division I retary of the Senate, on September 25, the Nation.∑ competition. Academic achievements 2012, during the adjournment of the Senate, received a message from the f included new specialist degrees for graduate programs, new associate de- House of Representatives announcing TRIBUTE TO MIKE MODRICK grees for undergraduate students and that the Speaker pro tempore (Mr. ∑ Mr. THUNE. Mr. President, today I cooperative education. Students were LEWIS of California) has signed the fol- recognize Mike Modrick of Rapid City, also given the opportunity to have lowing enrolled bills and joint resolu- SD. Mike, a recognized television per- learning experiences abroad. Faculty tion: sonality in western South Dakota, is research was encouraged and research S. 300. An act to prevent abuse of Govern- celebrating 25 years on October 26, 2012, and service centers took form at ment charge cards. as a meteorologist at KOTA Territory Southwest Missouri State University S. 710. An act to amend the Solid Waste News and 30 years in weather fore- during Dr. Meyer’s tenure as president. Disposal Act to direct the Administrator of casting. Mike is a graduate of Iowa As the academic landscape changed, the Environmental Protection Agency to es- tablish a hazardous waste electronic mani- State University with a bachelor of so did the look of the campus. The fest system. science degree in meteorology and a campus expanded to 125 acres, the first H.R. 1272. An act to provide for the use and degree in speech. Shortly after grad- public-private building—Hammons distribution of the funds awarded to the Min- uating, Mike made his way to the beau- Student Center—was constructed along nesota Chippewa Tribe, et al., by the United

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15115 States Court of Federal Claims in Docket and civilian employees to whom the publica- ENROLLED BILLS PRESENTED Numbers 19 and 188, and for other purposes. tion requirement applies, and for other pur- H.R. 1791. An act to designate the United poses. The Secretary of the Senate reported that on September 25, 2012, she had pre- States courthouse under construction at 101 ENROLLED BILL SIGNED South United States Route 1 in Fort Pierce, sented to the President of the United Florida, as the ‘‘Alto Lee Adams, Sr., United Under the authority of the order of States the following enrolled bills: the Senate of January 5, 2011, the Sec- States Courthouse’’. S. 300. An act to prevent abuse of Govern- H.R. 2139. An act to require the Secretary retary of the Senate, on September 28, ment charge cards. of the Treasury to mint coins in commemo- 2012, during the adjournment of the S. 710. An act to amend the Solid Waste ration of the centennial of the establishment Senate, received a message from the Disposal Act to direct the Administrator of of Lions Club International. House of Representatives announcing the Environmental Protection Agency to es- H.R. 2240. An act to authorize the exchange that the Speaker pro tempore (Mr. tablish a hazardous waste electronic mani- of land or interest in land between Lowell LEWIS of California) has signed the fol- fest system. National Historical Park and the city of Lowell in the Commonwealth of Massachu- lowing enrolled bill: The Secretary of the Senate reported setts, and for other purposes. S. 3625. An act to change the effective date that on September 28, 2012, she had pre- H.R. 2706. An act to prohibit the sale of for the internet publication of certain infor- sented to the President of the United billfish. mation to prevent harm to the national se- States the following enrolled bill: H.R. 3556. An act to designate the new curity or endangering the military officers S. 3625. An act to change the effective date United States courthouse in Buffalo, New and civilian employees to whom the publica- for the internet publication of certain infor- York, as the ‘‘Robert H. Jackson United tion requirement applies, and for other pur- mation to prevent harm to the national se- States Courthouse’’. poses. curity or endangering the military officers H.R. 4158. An act to confirm full ownership Under the authority of the order of and civilian employees to whom the publica- rights for certain United States astronauts the Senate of January 5, 2011, the en- tion requirement applies, and for other pur- to artifacts from the astronauts’ space mis- poses. sions. rolled bill was subsequently signed on H.R. 4223. An act to amend title 18, United September 28, 2012, during the adjourn- The Secretary of the Senate reported States Code, to prohibit theft of medical ment of the Senate, by the Acting that on October 9, 2012, she had pre- products, and for other purposes. President pro tempore (Mr. REID). sented to the President of the United H.R. 4347. An act to designate the United ENROLLED BILL SIGNED States the following enrolled bill: States courthouse located at 709 West 9th S. 3624. An act to amend section 31311 of Street in Juneau, Alaska, as the ‘‘Robert Under the authority of the order of title 49, United States Code, to permit States Boochever United States Courthouse’’. the Senate of January 5, 2011, the Sec- to issue commercial driver’s licenses to H.R. 5512. An act to amend title 28, United retary of the Senate, on October 9, 2012, members of the Armed Forces whose duty States Code, to realign divisions within two during the adjournment of the Senate, station is located in the State. judicial districts. received a message from the House of H.R. 6189. An act to eliminate unnecessary Representatives announcing that the f reporting requirements for unfunded pro- Speaker pro tempore (Mr. HARRIS of grams under the Office of Justice Programs. MEASURES REFERRED H.R. 6215. An act to amend the Trademark Maryland) has signed the following en- rolled bill: The following bill was read the first Act of 1946 to correct an error in the provi- and the second times by unanimous S. 3624. An act to amend section 31311 of sions relating to remedies for dilution. consent, and referred as indicated: H.R. 6375. An act to authorize certain De- title 49, United States Code, to permit States partment of Veterans Affairs major medical to issue commercial driver’s licenses to H.R. 3409. An act to limit the authority of facility projects, to amend title 38, United members of the Armed Forces whose duty the Secretary of the Interior to issue regula- States Code, to extend certain authorities of station is located in the State. tions before December 31, 2013, under the the Secretary of Veterans Affairs, and for Surface Mining Control and Reclamation Under the authority of the order of Act of 1977; to the Committee on Environ- other purposes. the Senate of January 5, 2011, the en- H.R. 6431. An act to provide flexibility with ment and Public Works. rolled bill was subsequently signed on respect to United States support for assist- f ance provided by international financial in- October 9, 2012, during the adjournment stitutions for Burma, and for other purposes. of the Senate, by the Acting President EXECUTIVE AND OTHER H.R. 6433. An act to make corrections with pro tempore (Mr. WEBB). COMMUNICATIONS respect to Food and Drug Administration The following communications were user fees. f H.J. Res. 117. Joint resolution making con- laid before the Senate, together with tinuing appropriations for fiscal year 2013, accompanying papers, reports, and doc- and for other purposes. MESSAGE FROM THE HOUSE uments, and were referred as indicated: Under the authority of the order of At 2:22 p.m., a message from the EC–7739. A communication from the Chair- the Senate of January 5, 2011, the en- House of Representatives, delivered by man and Chief Executive Officer, Farm Cred- rolled bills and joint resolution were Mr. Novotny, one of its reading clerks, it Administration, transmitting, pursuant to subsequently signed on September 25, announced that the House has passed law, the report of a rule entitled ‘‘Disclosure 2012, during the adjournment of the to Investor in System-wide and Consolidated the following bill, in which it requests Bank Debt Obligations of the Farm Credit Senate, by the President pro tempore the concurrence of the Senate: System’’ (RIN3052–AC77) received during ad- (Mr. INOUYE). H.R. 3409. An act to limit the authority of journment of the Senate in the Office of the Under the authority of the order of the Secretary of the Interior to issue regula- President of the Senate on October 9, 2012; to the Senate of January 5, 2011, the Sec- tions before December 31, 2013, under the the Committee on Agriculture, Nutrition, retary of the Senate, on September 28, Surface Mining Control and Reclamation and Forestry. 2012, during the adjournment of the Act of 1977. EC–7740. A communication from the Direc- Senate, received a message from the The message also announced that the tor of the Regulatory Review Group, Farm House of Representatives announcing House passed the following bill, with Service Agency, Department of Agriculture, transmitting, pursuant to law, the report of that the House has passed the fol- an amendment, in which it requests a rule entitled ‘‘Suspension of End-Use Cer- lowing bills, without amendment: the concurrence of the Senate: tificate Program Requirements’’ (7 CFR Part S. 3624. An act to amend section 31311 of S. 743. An act to amend chapter 23 of title 782) received during adjournment of the Sen- title 49, United States Code, to permit States 5, United States Code, to clarify the disclo- ate in the Office of the President of the Sen- to issue commercial driver’s licenses to sures of information protected from prohib- ate on October 3, 2012; to the Committee on members of the Armed Forces whose duty ited personnel practices, require a statement Agriculture, Nutrition, and Forestry. station is located in the State. in nondisclosure policies, forms, and agree- EC–7741. A communication from the Man- S. 3625. An act to change the effective date ments that such policies, forms, and agree- agement and Program Analyst, Forest Serv- for the internet publication of certain infor- ments conform with certain disclosure pro- ice, Department of Agriculture, transmit- mation to prevent harm to the national se- tections, provide certain authority for the ting, pursuant to law, the report of a rule en- curity or endangering the military officers Special Counsel, and for other purposes. titled ‘‘Prohibitions Governing Fire’’

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15116 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 (RIN0596–AD08) received during adjournment partment of Agriculture, transmitting, pur- tember 26, 2012; to the Committee on Agri- of the Senate in the Office of the President suant to law, the report of a rule entitled culture, Nutrition, and Forestry. of the Senate on October 4, 2012; to the Com- ‘‘National Organic Program (NOP); Amend- EC–7756. A communication from the Direc- mittee on Agriculture, Nutrition, and For- ment to the National List of Allowed and tor of the Regulatory Management Division, estry. Prohibited Substances (Livestock)’’ Environmental Protection Agency, transmit- EC–7742. A communication from the Acting ((RIN0581–AD018) (AMS–NOP–11–0063; NOP– ting, pursuant to law, the report of a rule en- Congressional Review Coordinator, Animal 11–11FR)) received during adjournment of the titled ‘‘Butylate, Clethodim, Dichlorvos, and Plant Health Inspection Service, Depart- Senate in the Office of the President of the Dicofol, Isopropyl carbanilate, et al.; Toler- ment of Agriculture, transmitting, pursuant Senate on September 28, 2012; to the Com- ance Actions’’ (FRL No. 9358–8) received dur- to law, the report of a rule entitled ‘‘Plum mittee on Agriculture, Nutrition, and For- ing adjournment of Senate in the Office of Pox Compensation’’ ((RIN0579–AD58) (Docket estry. the President of the Senate on September 26, No. APHIS–2011–0004)) received during ad- EC–7749. A communication from the Ad- 2012; to the Committee on Agriculture, Nu- journment of the Senate in the Office of the ministrator of Dairy Programs, Agricultural trition, and Forestry. President of the Senate on September 28, Marketing Service, Department of Agri- EC–7757. A communication from the Direc- 2012; to the Committee on Agriculture, Nu- culture, transmitting, pursuant to law, the tor of the Regulatory Management Division, trition, and Forestry. report of a rule entitled ‘‘Grading and In- Environmental Protection Agency, transmit- EC–7743. A communication from the Acting spection, General Specifications for Ap- ting, pursuant to law, the report of a rule en- Congressional Review Coordinator, Animal proved Plants and Standards for Grades of titled ‘‘Buprofezin; Pesticide Tolerances’’ and Plant Health Inspection Service, Depart- Dairy Products; General Specifications for (FRL No. 9364–9) received during adjourn- ment of Agriculture, transmitting, pursuant Dairy Plants Approved for USDA Inspection ment of Senate in the Office of the President to law, the report of a rule entitled ‘‘Asian and Grading Service’’ (AMS–DA–10–0055) re- of the Senate on October 16, 2012; to the Com- Longhorned Beetle; Quarantined Areas in ceived during adjournment of the Senate in mittee on Agriculture, Nutrition, and For- Massachusetts, Ohio, and New York’’ (Dock- the Office of the President of the Senate on estry. et No. APHIS–2012–0003) received during ad- September 28, 2012; to the Committee on Ag- EC–7758. A communication from the Under journment of the Senate in the Office of the riculture, Nutrition, and Forestry. Secretary of Defense (Comptroller), trans- President of the Senate on September 28, EC–7750. A communication from the Direc- mitting, pursuant to law, an addendum to 2012; to the Committee on Agriculture, Nu- tor of the Regulatory Management Division, the Antideficiency Act violation report on trition, and Forestry. Environmental Protection Agency, transmit- United States Special Operations Command EC–7744. A communication from the Con- ting, pursuant to law, the report of a rule en- case number 09–02; to the Committee on Ap- gressional Review Coordinator, Animal and titled ‘‘Chlorantraniliprole; Pesticide Toler- propriations. Plant Health Inspection Service, Department ances’’ (FRL No. 9362–5) received during ad- EC–7759. A communication from the Under of Agriculture, transmitting, pursuant to journment of Senate in the Office of the Secretary of Defense (Comptroller), trans- law, the report of a rule entitled ‘‘Citrus President of the Senate on September 28, mitting, pursuant to law, an addendum to Greening and Asian Citrus Psyllid; Quar- 2012; to the Committee on Agriculture, Nu- the Army Antideficiency Act violation re- antine and Interstate Movement Regula- trition, and Forestry. port on Army case number 10–02; to the Com- tions’’ ((RIN0579–AC85) (Docket No. APHIS– EC–7751. A communication from the Direc- mittee on Appropriations. 2008–0015)) received during adjournment of tor of the Regulatory Management Division, EC–7760. A communication from the Presi- the Senate in the Office of the President of Environmental Protection Agency, transmit- dent of the United States, transmitting, pur- the Senate on October 1, 2012; to the Com- ting, pursuant to law, the report of a rule en- suant to law, a report relative to the des- mittee on Agriculture, Nutrition, and For- titled ‘‘Alkyl Amines Polyalkoxylates; Ex- ignation of funding for Overseas Contingency estry. emption from the Requirement of a Toler- Operations/Global War on Terrorism; to the EC–7745. A communication from the Con- ance’’ (FRL No. 9361–7) received during ad- Committee on Appropriations. gressional Review Coordinator, Animal and journment of Senate in the Office of the EC–7761. A communication from the Under Plant Health Inspection Service, Department President of the Senate on October 4, 2012; to Secretary of Defense (Personnel and Readi- of Agriculture, transmitting, pursuant to the Committee on Agriculture, Nutrition, ness), transmitting a report on the approved law, the report of a rule entitled ‘‘Irradiation and Forestry. retirement of Admiral Kirkland H. Donald, Treatment; Location of Facilities in the EC–7752. A communication from the Direc- United States Navy, and his advancement to Southern United States; Technical Amend- tor of the Regulatory Management Division, the grade of admiral on the retired list; to ment’’ ((RIN0579–AD35) (Docket No. APHIS– Environmental Protection Agency, transmit- the Committee on Armed Services. 2009–0100)) received during adjournment of ting, pursuant to law, the report of a rule en- EC–7762. A communication from the Under the Senate in the Office of the President of titled ‘‘Trinexapac-ethyl; Pesticides Toler- Secretary of Defense (Personnel and Readi- the Senate on October 4, 2012; to the Com- ances’’ (FRL No. 9363–4) received during ad- ness), transmitting a report on the approved mittee on Agriculture, Nutrition, and For- journment of Senate in the Office of the retirement of General Raymond E. Johns, estry. President of the Senate on October 4, 2012; to Jr., United States Air Force, and his ad- EC–7746. A communication from the Acting the Committee on Agriculture, Nutrition, vancement to the grade of general on the re- Congressional Review Coordinator, Animal and Forestry. tired list; to the Committee on Armed Serv- and Plant Health Inspection Service, Depart- EC–7753. A communication from the Direc- ices. ment of Agriculture, transmitting, pursuant tor of the Regulatory Management Division, EC–7763. A communication from the Under to law, the report of a rule entitled ‘‘Agricul- Environmental Protection Agency, transmit- Secretary of Defense (Personnel and Readi- tural Bioterrorism Protection Act of 2002; ting, pursuant to law, the report of a rule en- ness), transmitting a report on the approved Biennial Review and Republication of the titled ‘‘Glufosinate ammonium; Pesticide retirement of General Douglas M. Fraser, Select Agent and Toxin List; Amendments to Tolerances’’ (FRL No. 9363–6) received during United States Air Force, and his advance- the Select Agent and Toxin Regulations’’ adjournment of Senate in the Office of the ment to the grade of general on the retired ((RIN0579–AD09) (Docket No. APHIS–2009– President of the Senate on September 25, list; to the Committee on Armed Services. 070)) received during adjournment of the 2012; to the Committee on Agriculture, Nu- EC–7764. A communication from the Under Senate in the Office of the President of the trition, and Forestry. Secretary of Defense (Personnel and Readi- Senate on October 9, 2012; to the Committee EC–7754. A communication from the Direc- ness), transmitting a report on the approved on Agriculture, Nutrition, and Forestry. tor of the Regulatory Management Division, retirement of Lieutenant General Mark P. EC–7747. A communication from the Ad- Environmental Protection Agency, transmit- Hertling, United States Army, and his ad- ministrator of the National Organic Pro- ting, pursuant to law, the report of a rule en- vancement to the grade of lieutenant general gram, Agricultural Marketing Service, De- titled ‘‘Sulfentrazone; Pesticide Tolerances’’ on the retired list; to the Committee on partment of Agriculture, transmitting, pur- (FRL No. 9363–3) received during adjourn- Armed Services. suant to law, the report of a rule entitled ment of Senate in the Office of the President EC–7765. A communication from the Assist- ‘‘National Organic Program (NOP); Sunset of the Senate on September 26, 2012; to the ant Secretary of the Army (Acquisition, Lo- Review (2012) for Nutrient Vitamins and Min- Committee on Agriculture, Nutrition, and gistics and Technology), transmitting, pur- erals’’ ((RIN0581–AD17) (AMS–NOP–10–0083; Forestry. suant to law, a report relative to Army In- NOP–10–09IR)) received during adjournment EC–7755. A communication from the Direc- dustrial Facilities Cooperative Activities of the Senate in the Office of the President tor of the Regulatory Management Division, with Non-Army Entities; to the Committee of the Senate on September 28, 2012; to the Environmental Protection Agency, transmit- on Armed Services. Committee on Agriculture, Nutrition, and ting, pursuant to law, the report of a rule en- EC–7766. A communication from the Under Forestry. titled ‘‘Sulfoxaflor; Pesticide Tolerances for Secretary of Defense (Personnel and Readi- EC–7748. A communication from the Ad- Emergency Exemptions’’ (FRL No. 9361–4) re- ness), transmitting the report of two (2) offi- ministrator of the National Organic Pro- ceived during adjournment of Senate in the cers authorized to wear the insignia of the gram, Agricultural Marketing Service, De- Office of the President of the Senate on Sep- grade of brigadier general in accordance with

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15117 title 10, United States Code, section 777; to Network, Department of the Treasury, trans- ation of the national emergency relative to the Committee on Armed Services. mitting, pursuant to law, the report of a rule the actions and policies of the Government EC–7767. A communication from the Under entitled ‘‘Repeal of the Final Rule Imposing of Sudan as declared in Executive Order 13067 Secretary of Defense (Personnel and Readi- Special Measures and Withdrawal of the of November 3, 1997; to the Committee on ness), transmitting the report of an officer Findings of Primary Money Laundering Con- Banking, Housing, and Urban Affairs. authorized to wear the insignia of the grade cern Against Myanmar Mayflower Bank and EC–7786. A communication from the Sec- of rear admiral in accordance with title 10, Asia Wealth Bank’’ (RIN1506–AA63) received retary of the Treasury, transmitting, pursu- United States Code, section 777; to the Com- during adjournment of the Senate in the Of- ant to law, a six-month report on the na- mittee on Armed Services. fice of the President of the Senate on Sep- tional emergency that was originally de- EC–7768. A communication from the Under tember 26, 2012; to the Committee on Bank- clared in Executive Order 13159 relative to Secretary of Defense (Personnel and Readi- ing, Housing, and Urban Affairs. the risk of nuclear proliferation created by ness), transmitting, pursuant to law, a re- EC–7776. A communication from the Regu- the accumulation of weapons-usable fissile port entitled ‘‘Department of Defense Report latory Specialist, Office of the Comptroller material in the territory of the Russian Fed- on Pilot Program for Foreign Language Pro- of the Currency, Department of the Treas- eration; to the Committee on Banking, Hous- ficiency Training for Reserve Members’’; to ury, transmitting, pursuant to law, the re- ing, and Urban Affairs. the Committee on Armed Services. port of a rule entitled ‘‘Annual Stress Test’’ EC–7787. A communication from the Sec- EC–7769. A communication from the Chief (RIN1557–AD58) received during adjournment retary of the Treasury, transmitting, pursu- Counsel, Federal Emergency Management of the Senate in the Office of the President ant to law, a report on the continuation of Agency, Department of Homeland Security, of the Senate on October 9, 2012; to the Com- the national emergency declared in Execu- transmitting, pursuant to law, the report of mittee on Banking, Housing, and Urban Af- tive Order 13413 with respect to blocking the a rule entitled ‘‘Suspension of Community fairs. property of persons contributing to the con- Eligibility’’ ((44 CFR Part 64) (Docket No. EC–7777. A communication from the Regu- flict taking place in the Democratic Repub- FEMA–2012–0003)) received during adjourn- latory Specialist, Office of the Comptroller lic of the Congo; to the Committee on Bank- ment of the Senate in the Office of the Presi- of the Currency, Department of the Treas- ing, Housing, and Urban Affairs. dent of the Senate on October 4, 2012; to the ury, transmitting, pursuant to law, the re- EC–7788. A communication from the Sec- Committee on Banking, Housing, and Urban port of a rule entitled ‘‘Short-term Invest- retary of the Treasury, transmitting, pursu- Affairs. ment Funds’’ (RIN1557–AD37) received during ant to law, the Office of Financial Research’s EC–7770. A communication from the Chief adjournment of the Senate in the Office of annual report on activities of the office to Counsel, Federal Emergency Management the President of the Senate on October 9, date; to the Committee on Banking, Hous- Agency, Department of Homeland Security, 2012; to the Committee on Banking, Housing, ing, and Urban Affairs. transmitting, pursuant to law, the report of and Urban Affairs. EC–7789. A communication from the Presi- a rule entitled ‘‘Changes in Flood Elevation EC–7778. A communication from the Assist- dent and Chief Executive Officer, Federal Determinations’’ ((44 CFR Part 65) (Docket ant to the Board of Governors of the Federal Home Loan Bank of Pittsburgh, transmit- No. FEMA–2012–0003)) received during ad- Reserve System, transmitting, pursuant to ting, pursuant to law, the Bank’s 2011 State- journment of the Senate in the Office of the law, the report of a rule entitled ‘‘Risk- ment on System of Internal Controls, au- President of the Senate on October 4, 2012; to Based Capital Guidelines: Market Risk’’ dited financial statements, and Report of the Committee on Banking, Housing, and (RIN7100–AD61 and FRB Docket No. R–1401) Independent Auditors on Internal Control Urban Affairs. EC–7771. A communication from the Chief received during adjournment of the Senate over Financial Reporting and on Compliance Counsel, Federal Emergency Management in the Office of the President of the Senate and Other Matters Based on an Audit of Fi- Agency, Department of Homeland Security, on October 12, 2012; to the Committee on nancial Statements Performed in Accord- transmitting, pursuant to law, the report of Banking, Housing, and Urban Affairs. ance with Government Auditing Standards; a rule entitled ‘‘Suspension of Community EC–7779. A communication from the Presi- to the Committee on Banking, Housing, and Eligibility’’ ((44 CFR Part 64) (Docket No. dent of the United States, transmitting, pur- Urban Affairs. FEMA–2012–0003)) received during adjourn- suant to law, a six-month periodic report on EC–7790. A communication from the Sec- ment of the Senate in the Office of the Presi- the national emergency with respect to Iran retary of Energy, transmitting, pursuant to dent of the Senate on October 4, 2012; to the as declared in Executive Order 12957; to the law, the Department of Energy’s Office of Ci- Committee on Banking, Housing, and Urban Committee on Banking, Housing, and Urban vilian Radioactive Waste Management’s An- Affairs. Affairs. nual Financial Reports for the years ending EC–7772. A communication from the Chief EC–7780. A communication from the Chair- September 30, 2010 and 2011; to the Com- Counsel, Federal Emergency Management man and President of the Export-Import mittee on Energy and Natural Resources. Agency, Department of Homeland Security, Bank, transmitting, pursuant to law, a re- EC–7791. A communication from the Assist- transmitting, pursuant to law, the report of port relative to a transaction involving U.S. ant Secretary of Energy (Energy Efficiency a rule entitled ‘‘Suspension of Community exports to Russia; to the Committee on and Renewable Energy), transmitting, pursu- Eligibility’’ ((44 CFR Part 64) (Docket No. Banking, Housing, and Urban Affairs. ant to law, the Department’s status report FEMA–2012–0003)) received during adjourn- EC–7781. A communication from the Chair- on its rulemaking under section 133 of the ment of the Senate in the Office of the Presi- man and President of the Export-Import Energy Independence and Security Act of dent of the Senate on October 16, 2012; to the Bank, transmitting, pursuant to law, a re- 2007; to the Committee on Energy and Nat- Committee on Banking, Housing, and Urban port relative to a transaction involving U.S. ural Resources. Affairs. exports to India; to the Committee on Bank- EC–7792. A communication from the Prin- EC–7773. A communication from the Assist- ing, Housing, and Urban Affairs. cipal Deputy Assistant Secretary for Fish ant Secretary for Export Administration, EC–7782. A communication from the Chair- and Wildlife and Parks, National Park Serv- Bureau of Industry and Security, Depart- man and President of the Export-Import ice, Department of the Interior, transmit- ment of Commerce, transmitting, pursuant Bank, transmitting, pursuant to law, a re- ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Addi- port relative to transactions involving U.S. titled ‘‘Special Regulations; Areas of the Na- tion of Certain Persons to the Entity List’’ exports to Hong Kong; to the Committee on tional Park System, Saguaro National Park, (RIN0694–AF77) received during adjournment Banking, Housing, and Urban Affairs. Bicycling’’ (RIN1024–AE08) received during of the Senate in the Office of the President EC–7783. A communication from the Dep- adjournment of the Senate in the Office of of the Senate on October 3, 2012; to the Com- uty Secretary of the Treasury, transmitting, the President of the Senate on October 3, mittee on Banking, Housing, and Urban Af- pursuant to law, a notice of the continuation 2012; to the Committee on Energy and Nat- fairs. of the national emergency with respect to ural Resources. EC–7774. A communication from the Sec- Somalia that was declared in Executive EC–7793. A communication from the Gen- retary, Division of Trading and Markets, Se- Order 13536 of April 12, 2010; to the Com- eral Counsel, Federal Energy Regulatory curities and Exchange Commission, trans- mittee on Banking, Housing, and Urban Af- Commission, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule fairs. the report of a rule entitled ‘‘Electricity entitled ‘‘Temporary Registration as a Mu- EC–7784. A communication from the Dep- Market Transparency Provisions of Section nicipal Advisor; Required Amendments; and uty Secretary of the Treasury, transmitting, 220 of the Federal Power Act’’ (RIN1902– Withdrawal from Temporary Registration’’ pursuant to law, a six-month periodic report AD96) received during adjournment of the (RIN3235–AK69) received during adjournment on the national emergency with respect to Senate in the Office of the President of the of the Senate in the Office of the President Iran that was declared in Executive Order Senate on October 3, 2012; to the Committee of the Senate on September 24, 2012; to the 12170 on November 14, 1979; to the Committee on Energy and Natural Resources. Committee on Banking, Housing, and Urban on Banking, Housing, and Urban Affairs. EC–7794. A communication from the Gen- Affairs. EC–7785. A communication from the Sec- eral Counsel, Federal Energy Regulatory EC–7775. A communication from the Dep- retary of the Treasury, transmitting, pursu- Commission, transmitting, pursuant to law, uty Director, Financial Crimes Enforcement ant to law, a report relative to the continu- the report of a rule entitled ‘‘Revision to

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15118 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 Form No. 6’’ (RIN1902–AE37) received during ting, pursuant to law, the report of a rule en- and 2006 Fine Particulate Matter National adjournment of the Senate in the Office of titled ‘‘Approval and Promulgation of Air Ambient Air Quality Standards’’ (FRL No. the President of the Senate on October 4, Quality Implementation Plans; Delaware; 9738–7) received during adjournment of the 2012; to the Committee on Energy and Nat- Requirements for Prevention of Significant Senate in the Office of the President of the ural Resources. Deterioration and Nonattainment New Senate on October 4, 2012; to the Committee EC–7795. A communication from the Direc- Source Review; Fine Particulate Matter on Environment and Public Works. tor of Congressional Affairs, Office of Nu- (PM2.5)’’ (FRL No. 9735–7) received during ad- EC–7808. A communication from the Direc- clear Reactor Regulation, Nuclear Regu- journment of the Senate in the Office of the tor of the Regulatory Management Division, latory Commission, transmitting, pursuant President of the Senate on September 28, Environmental Protection Agency, transmit- to law, the report of a rule entitled ‘‘Design, 2012; to the Committee on Environment and ting, pursuant to law, the report of a rule en- Inspection, and Testing Criteria for Air Fil- Public Works. titled ‘‘Approval and Promulgation of Air tration and Adsorption Units of Post-acci- EC–7802. A communication from the Direc- Quality Implementation Plans; Maryland; dent Engineered-Safety-Feature Atmosphere tor of the Regulatory Management Division, The 2002 Base Year Emissions Inventory for Cleanup in Light-Water-Cooled Nuclear Environmental Protection Agency, transmit- the Washington DC-MD-VA Nonattainment Power Plants’’ (Regulatory Guide 1.52) re- ting, pursuant to law, the report of a rule en- Area for the 1997 Fine Particulate Matter ceived during adjournment of the Senate in titled ‘‘Approval and Promulgation of Imple- National Ambient Air Quality Standard’’ the Office of the President of the Senate on mentation Plans; Vermont: Prevention of (FRL No. 9735–6) received during adjourn- October 5, 2012; to the Committee on Envi- Significant Deterioration; Greenhouse Gas ment of the Senate in the Office of the Presi- ronment and Public Works. Permitting Authority and Tailoring Rule’’ dent of the Senate on October 4, 2012; to the EC–7796. A communication from the Direc- (FRL No. 9736–5) received during adjourn- Committee on Environment and Public tor of Congressional Affairs, Office of Nu- ment of the Senate in the Office of the Presi- Works. clear Reactor Regulation, Nuclear Regu- dent of the Senate on September 28, 2012; to EC–7809. A communication from the Direc- latory Commission, transmitting, pursuant the Committee on Environment and Public tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘With- Works. Environmental Protection Agency, transmit- drawal of Regulatory Guide 5.67, ‘Material EC–7803. A communication from the Direc- ting, pursuant to law, the report of a rule en- Control and Accounting for Uranium Enrich- tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Imple- ment Facilities Authorized to Produce Spe- Environmental Protection Agency, transmit- mentation Plans; Mississippi; 110(a) (2) (G) cial Nuclear Material of Low Strategic Sig- ting, pursuant to law, the report of a rule en- Infrastructure Requirement for the 1997 and nificance’’’ received during adjournment of titled ‘‘Approval and Promulgation of Air 2006 Fine Particulate Matter National Ambi- the Senate in the Office of the President of Quality Implementation Plans; Virginia; The ent Air Quality Standards’’ (FRL No. 9738–6) the Senate on October 5, 2012; to the Com- 2002 Base Year Emissions Inventory for the received during adjournment of the Senate mittee on Environment and Public Works. Washington DC-MD-VA Nonattainment Area in the Office of the President of the Senate EC–7797. A communication from the Direc- for the 1997 Fine Particulate Matter Na- on October 4, 2012; to the Committee on En- tor of Congressional Affairs, Office of Nu- tional Ambient Air Quality Standard’’ (FRL vironment and Public Works. clear Reactor Regulation, Nuclear Regu- No. 9735–5) received during adjournment of EC–7810. A communication from the Direc- latory Commission, transmitting, pursuant the Senate in the Office of the President of tor of the Regulatory Management Division, to law, the report of a rule entitled ‘‘NRC the Senate on September 28, 2012; to the Environmental Protection Agency, transmit- Staff Position on Dispositioning Boiling- Committee on Environment and Public ting, pursuant to law, the report of a rule en- Water Reactor Licensee Noncompliance with Works. titled ‘‘Approval and Promulgation of Air Technical Specification Requirements Dur- EC–7804. A communication from the Direc- Quality Implementation Plans; Pennsyl- ing Operations with a Potential for Draining tor of the Regulatory Management Division, vania; Streamlining Amendments to the the Reactor Vessel’’ (RIS 2012–11) received Environmental Protection Agency, transmit- Plan Approval Regulations’’ (FRL No. 9738–1) during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- received during adjournment of the Senate fice of the President of the Senate on Octo- titled ‘‘Idaho: Incorporation by Reference of in the Office of the President of the Senate ber 5, 2012; to the Committee on Environ- Approved State Hazardous Waste Manage- on October 4, 2012; to the Committee on En- ment and Public Works. ment Program’’ (FRL No. 9707–1) received vironment and Public Works. EC–7798. A communication from the Direc- during adjournment of the Senate in the Of- EC–7811. A communication from the Direc- tor of the Regulatory Management Division, fice of the President of the Senate on Sep- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- tember 28, 2012; to the Committee on Envi- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- ronment and Public Works. ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of State EC–7805. A communication from the Direc- titled ‘‘Approval and Promulgation of Air Implementation Plans; Oregon’’ (FRL No. tor of the Regulatory Management Division, Quality Implementation Plans; Delaware; 9722–2) received during adjournment of Sen- Environmental Protection Agency, transmit- Attainment Demonstration for the 1997 8- ate in the Office of the President of the Sen- ting, pursuant to law, the report of a rule en- Hour Ozone National Ambient Air Quality ate on September 28, 2012; to the Committee titled ‘‘Approval and Promulgation of Imple- Standard for the Philadelphia-Wilmington- on Environment and Public Works. mentation Plans; State of Arizona; Preven- Atlantic City Moderate Nonattainment EC–7799. A communication from the Direc- tion of Air Pollution Emergency Episodes’’ Area’’ (FRL No. 9737–9) received during ad- tor of the Regulatory Management Division, (FRL No. 9713–4) received during adjourn- journment of the Senate in the Office of the Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- President of the Senate on October 4, 2012; to ting, pursuant to law, the report of a rule en- dent of the Senate on October 4, 2012; to the the Committee on Environment and Public titled ‘‘Regulation of Fuels and Fuel Addi- Committee on Environment and Public Works. tives: Modifications to Renewable Fuel Works. EC–7812. A communication from the Direc- Standard and Diesel Sulfur Programs’’ (FRL EC–7806. A communication from the Direc- tor of the Regulatory Management Division, No. 9733–3) received during adjournment of tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Senate in the Office of the President of the Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Senate on September 28, 2012; to the Com- ting, pursuant to law, the report of a rule en- titled ‘‘Air Quality Implementation Plans; mittee on Environment and Public Works. titled ‘‘Partial Approval and Partial Dis- Alabama; Attainment Plan for the Alabama EC–7800. A communication from the Direc- approval of Air Quality Implementation Portion of the Chattanooga 1997 Annual tor of the Regulatory Management Division, Plans for Florida, Mississippi, and South PM2.5 Nonattainment Area’’ (FRL No. 9737– Environmental Protection Agency, transmit- Carolina; Section 110(a) (2) (D) (i) (I) Trans- 8) received during adjournment of the Senate ting, pursuant to law, the report of a rule en- port Requirements for the 2006 24-Hour Fine in the Office of the President of the Senate titled ‘‘Approval and Promulgation of Imple- Particulate Matter National Ambient Air on October 4, 2012; to the Committee on En- mentation Plans; Kentucky; Approval of Re- Quality Standards’’ (FRL No. 9738–9) re- vironment and Public Works. visions to the Jefferson County Portion of ceived during adjournment of the Senate in EC–7813. A communication from the Direc- the Kentucky SIP; New Source Review; Pre- the Office of the President of the Senate on tor of the Regulatory Management Division, vention of Significant Deterioration’’ (FRL October 4, 2012; to the Committee on Envi- Environmental Protection Agency, transmit- No. 9734–7) received during adjournment of ronment and Public Works. ting, pursuant to law, the report of a rule en- the Senate in the Office of the President of EC–7807. A communication from the Direc- titled ‘‘Revision to the Nevada State Imple- the Senate on September 28, 2012; to the tor of the Regulatory Management Division, mentation Plan, Washoe County Air Quality Committee on Environment and Public Environmental Protection Agency, transmit- District’’ (FRL No. 9736–8) received during Works. ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of EC–7801. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- the President of the Senate on October 4, tor of the Regulatory Management Division, mentation Plans; Mississippi; 110(a) (1) and 2012; to the Committee on Environment and Environmental Protection Agency, transmit- (2) Infrastructure Requirements for the 1997 Public Works.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15119 EC–7814. A communication from the Chief United States, Alaska, Hawaii, Puerto Rico, EC–7828. A communication from the Direc- of the Listing Branch, Fish and Wildlife and the Virgin Islands’’ (RIN1018–AX97) re- tor of the Regulatory Management Division, Service, Department of the Interior, trans- ceived during adjournment of the Senate in Environmental Protection Agency, transmit- mitting, pursuant to law, the report of a rule the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- entitled ‘‘Endangered and Threatened Wild- September 26, 2012; to the Committee on En- titled ‘‘Approval and Promulgation of Imple- life and Plants; Designation of Critical Habi- vironment and Public Works. mentation Plans; North Carolina: Approval tat for the Cumberland Darter, Rush Darter, EC–7821. A communication from the Wild- of Rocky Mount Motor Vehicle Emissions Yellowcheek Darter, Chucky Madtom, and life Biologist, Fish and Wildlife Service, De- Budget Update’’ (FRL No. 9732–7) received Laurel Dace’’ (RIN1018–AX76) received during partment of the Interior, transmitting, pur- during adjournment of the Senate in the Of- adjournment of the Senate in the Office of suant to law, the report of a rule entitled fice of the President of the Senate on Sep- the President of the Senate on October 10, ‘‘Migratory Bird Hunting: Migratory Bird tember 25, 2012; to the Committee on Envi- 2012; to the Committee on Environment and Hunting Regulations on Certain Federal In- ronment and Public Works. Public Works. dian Reservations and Ceded Lands for the EC–7829. A communication from the Direc- EC–7815. A communication from the Chief 2012–13 Late Season’’ (RIN1018–AX97) re- tor of the Regulatory Management Division, of the Listing Branch, Fish and Wildlife ceived during adjournment of the Senate in Environmental Protection Agency, transmit- Service, Department of the Interior, trans- the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule September 26, 2012; to the Committee on En- titled ‘‘Approval and Promulgation of Imple- entitled ‘‘Endangered and Threatened Wild- vironment and Public Works. mentation Plans; Florida 110(a) (1) and (2) In- life and Plants; Determination of Endan- EC–7822. A communication from the Wild- frastructure Requirements for the 1997 and gered Species Status for the Alabama life Biologist, Fish and Wildlife Service, De- 2006 Fine Particulate Matter National Ambi- Pearlshell, Round Ebonyshell, Southern partment of the Interior, transmitting, pur- ent Air Quality Standards’’ (FRL No. 9734–6) Kidneyshell, and Choctaw Bean, and Threat- suant to law, the report of a rule entitled received during adjournment of the Senate ened Species Status for the Tapered Pigtoe, ‘‘Migratory Bird Hunting: Final Frameworks in the Office of the President of the Senate Narrow Pigtoe, Southern Sandshell, and for Late-Season Migratory Bird Hunting on September 26, 2012; to the Committee on Fuzzy Pigtoe, and Designation of Critical Regulations’’ (RIN1018–AX97) received during Environment and Public Works. Habitat’’ (RIN1018–AW92) received during ad- adjournment of the Senate in the Office of EC–7830. A communication from the Direc- journment of the Senate in the Office of the the President of the Senate on September 26, tor of the Regulatory Management Division, President of the Senate on October 10, 2012; 2012; to the Committee on Environment and Environmental Protection Agency, transmit- to the Committee on Environment and Pub- Public Works. ting, pursuant to law, the report of a rule en- lic Works. EC–7823. A communication from the Divi- titled ‘‘Approval and Promulgation of Imple- EC–7816. A communication from the Chief sion Chief of Regulatory Affairs, Bureau of mentation Plans; Alabama 110(a) (1) and (2) of the Listing Branch, Fish and Wildlife Land Management, Department of the Inte- Infrastructure Requirements for the 1997 and Service, Department of the Interior, trans- rior, transmitting, pursuant to law, the re- 2006 Fine Particulate Matter National Ambi- mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Minerals Manage- ent Air Quality Standards’’ (FRL No. 9734–5) entitled ‘‘Endangered and Threatened Wild- ment: Adjustments of Cost Recovery Fees’’ received during adjournment of the Senate life and Plants; Determination of Endan- (RIN1004–AE29) received during adjournment in the Office of the President of the Senate gered Species Status for Coqui Llanero of the Senate in the Office of the President on September 26, 2012; to the Committee on Throughout Its Range and Designation of of the Senate on September 26, 2012; to the Environment and Public Works. Critical Habitat’’ (RIN1018–AX68) received Committee on Environment and Public EC–7831. A communication from the Direc- during adjournment of the Senate in the Of- Works. tor of the Regulatory Management Division, fice of the President of the Senate on Octo- EC–7824. A communication from the Direc- Environmental Protection Agency, transmit- ber 10, 2012; to the Committee on Environ- tor of Congressional Affairs, Nuclear Regu- ting, pursuant to law, the report of a rule en- ment and Public Works. latory Commission, transmitting, pursuant titled ‘‘Approval and Promulgation of Imple- EC–7817. A communication from the Wild- to law, the report of a rule entitled mentation Plans; Kentucky 110(a) (1) and (2) life Biologist, Fish and Wildlife Service, De- ‘‘Preoperational Testing of Instrument and Infrastructure Requirements for the 1997 and partment of the Interior, transmitting, pur- Control Air Systems’’ (Regulatory Guide 2006 Fine Particulate Matter National Ambi- suant to law, the report of a rule entitled 1.68.3) received during adjournment of the ent Air Quality Standards’’ (FRL No. 9734–4) ‘‘Migratory Bird Hunting: Late Seasons and Senate in the Office of the President of the received during adjournment of the Senate Bag and Possession Limits for Certain Mi- Senate on September 24, 2012; to the Com- in the Office of the President of the Senate gratory Game Birds’’ (RIN1018–AX97) re- mittee on Environment and Public Works. on September 26, 2012; to the Committee on ceived during adjournment of the Senate in EC–7825. A communication from the Direc- Environment and Public Works. the Office of the President of the Senate on tor of Congressional Affairs, Nuclear Regu- EC–7832. A communication from the Direc- September 26, 2012; to the Committee on En- latory Commission, transmitting, pursuant tor of the Regulatory Management Division, vironment and Public Works. to law, the report of a rule entitled ‘‘Com- Environmental Protection Agency, transmit- EC–7818. A communication from the Wild- bining Modal Responses and Spatial Compo- ting, pursuant to law, the report of a rule en- life Biologist, Fish and Wildlife Service, De- nents in Seismic Response Analysis’’ (Regu- titled ‘‘Approval and Promulgation of Air partment of the Interior, transmitting, pur- latory Guide 1.92, Revision 3) received during Quality Implementation Plans; Ohio; PBR suant to law, the report of a rule entitled adjournment of the Senate in the Office of and PTIO’’ (FRL No. 97) received during ad- ‘‘Migratory Bird Hunting: Final Frameworks the President of the Senate on September 25, journment of the Senate in the Office of the for Early-Season Migratory Bird Hunting 2012; to the Committee on Environment and President of the Senate on September 26, Regulations’’ (RIN1018–AX97) received during Public Works. 2012; to the Committee on Environment and adjournment of the Senate in the Office of EC–7826. A communication from the Direc- Public Works. the President of the Senate on September 26, tor of the Regulatory Management Division, EC–7833. A communication from the Direc- 2012; to the Committee on Environment and Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Public Works. ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- EC–7819. A communication from the Wild- titled ‘‘Significant New Use Rules on Certain ting, pursuant to law, the report of a rule en- life Biologist, Fish and Wildlife Service, De- Chemical Substances’’ (FRL No. 9764–5) re- titled ‘‘Approval and Promulgation of Imple- partment of the Interior, transmitting, pur- ceived during adjournment of the Senate in mentation Plans; Georgia; Control Tech- suant to law, the report of a rule entitled the Office of the President of the Senate on niques Guidelines and Reasonably Available ‘‘Migratory Bird Hunting: Migratory Bird September 28, 2012; to the Committee on En- Control Technology’’ (FRL No. 9732–2) re- Hunting Regulations on Certain Federal In- vironment and Public Works. ceived during adjournment of the Senate in dian Reservations and Ceded Lands for the EC–7827. A communication from the Direc- the Office of the President of the Senate on 2012–13 Early Season’’ (RIN1018–AX97) re- tor of the Regulatory Management Division, September 26, 2012; to the Committee on En- ceived during adjournment of the Senate in Environmental Protection Agency, transmit- vironment and Public Works. the Office of the President of the Senate on ting, pursuant to law, the report of a rule en- EC–7834. A communication from the Assist- September 26, 2012; to the Committee on En- titled ‘‘Approval and Promulgation of Air ant Secretary of the Army (Civil Works), vironment and Public Works. Quality Implementation Plans; Delaware; transmitting, pursuant to law, a report list- EC–7820. A communication from the Wild- Control Technique Guidelines for Plastic ing unconstructed projects, or unconstructed life Biologist, Fish and Wildlife Service, De- Parts, Metal Furniture, Large Appliances, separable elements of projects, that have partment of the Interior, transmitting, pur- and Miscellaneous Metal Parts’’ (FRL No. been authorized but for which no funds have suant to law, the report of a rule entitled 9731–8) received during adjournment of the been obligated for planning, design, or con- ‘‘Migratory Bird Hunting: Early Seasons and Senate in the Office of the President of the struction during the preceding five full fiscal Bag and Possession Limits for Certain Mi- Senate on September 25, 2012; to the Com- years; to the Committee on Environment gratory Game Birds in the Contiguous mittee on Environment and Public Works. and Public Works.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15120 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 EC–7835. A communication from the Direc- titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Quality Implementation Plans; Connecticut, ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Maine, Massachusetts, New Hampshire; In- titled ‘‘Approval and Promulgation of Air ting, pursuant to law, the report of a rule en- frastructure SIPs for the 1997 and 2006 Fine Quality Implementation Plans; Illinois; titled ‘‘Revisions to the California State Im- Particulate Matter Standards’’ (FRL No. Greif Packaging, LLC Adjusted Standard’’ plementation Plan, Sacramento Metropoli- 9740–1) received during adjournment of the (FRL No. 9733–6) received during adjourn- tan Air Quality Management District’’ (FRL Senate in the Office of the President of the ment of the Senate in the Office of the Presi- No. 9740–7) received during adjournment of Senate on October 11, 2012; to the Committee dent of the Senate on October 16, 2012; to the the Senate in the Office of the President of on Environment and Public Works. Committee on Environment and Public the Senate on October 11, 2012; to the Com- EC–7842. A communication from the Direc- Works. mittee on Environment and Public Works. tor of the Regulatory Management Division, EC–7849. A communication from the Direc- EC–7836. A communication from the Direc- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- titled ‘‘Determination of Attainment of the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- 1-Hour Ozone National Ambient Air Quality titled ‘‘Partial Approval and Partial Dis- titled ‘‘Approval and Promulgation of Air Standards in the Sacramento Metro Non- approval of Air Quality State Implementa- Quality Implementation Plans; Pennsyl- attainment Area in California’’ (FRL No. tion Plans; Nevada; Infrastructure Require- vania; Pittsburgh-Beaver Valley Nonattain- 9741–8) received during adjournment of the ments for Ozone and Fine Particulate Mat- ment Area Determinations of Attainment of Senate in the Office of the President of the ter’’ (FRL No. 9739–8) received during ad- the 1997 Annual Fine Particulate Standard’’ Senate on October 16, 2012; to the Committee journment of the Senate in the Office of the (FRL No. 9738–3) received during adjourn- on Environment and Public Works. President of the Senate on October 16, 2012; ment of the Senate in the Office of the Presi- EC–7843. A communication from the Direc- to the Committee on Environment and Pub- dent of the Senate on October 11, 2012; to the tor of the Regulatory Management Division, lic Works. Committee on Environment and Public Environmental Protection Agency, transmit- EC–7850. A communication from the Direc- Works. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, EC–7837. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, mentation Plans; Georgia 110(a) (1) and (2) ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Infrastructure Requirements for the 1997 and titled ‘‘Limited Approval and Disapproval of ting, pursuant to law, the report of a rule en- 2006 Fine Particulate Matter National Ambi- Air Quality Implementation Plans; Nevada; titled ‘‘Approval and Promulgation of Imple- ent Air Quality Standards’’ (FRL No. 9739–1) Clark County; Stationary Source Permits’’ mentation Plans; North Carolina Portion of received during adjournment of the Senate (FRL No. 9740–3) received during adjourn- the Charlotte-Gastonia-Rock Hill, North in the Office of the President of the Senate ment of the Senate in the Office of the Presi- Carolina-North Carolina 1997 8-Hour Ozone on October 16, 2012; to the Committee on En- dent of the Senate on October 16, 2012; to the Nonattainment Area; Reasonable Further vironment and Public Works. Committee on Environment and Public Progress Plan’’ (FRL No. 9741–2) received EC–7844. A communication from the Direc- Works. during adjournment of the Senate in the Of- tor of the Regulatory Management Division, EC–7851. A communication from the Chief fice of the President of the Senate on Octo- Environmental Protection Agency, transmit- of the Publications and Regulations Branch, ber 11, 2012; to the Committee on Environ- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the ment and Public Works. titled ‘‘Approval and Promulgation of Imple- Treasury, transmitting, pursuant to law, the EC–7838. A communication from the Direc- mentation Plans; North Dakota: Prevention report of a rule entitled ‘‘Applicable Federal tor of the Regulatory Management Division, of Significant Deterioration; Greenhouse Gas Rates—October 2012’’ (Rev. Rul. 2012–28) re- Environmental Protection Agency, transmit- Permitting Authority and Tailoring Rule; ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- PM2.5 NSR Implementation Rule’’ (FRL No. the Office of the President of the Senate on titled ‘‘Approval and Promulgation of Imple- 9742–3) received during adjournment of the September 26, 2012; to the Committee on Fi- mentation Plans; Alabama; Disapproval of Senate in the Office of the President of the nance. 110(a)(2)(E)(ii) Infrastructure Requirement Senate on October 16, 2012; to the Committee EC–7852. A communication from the Chief for the 1997 and 2006 Fine Particulate Matter on Environment and Public Works. of the Publications and Regulations Branch, National Ambient Air Quality Standards’’ EC–7845. A communication from the Direc- Internal Revenue Service, Department of the (FRL No. 9739–3) received during adjourn- tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the ment of the Senate in the Office of the Presi- Environmental Protection Agency, transmit- report of a rule entitled ‘‘Extension of Im- dent of the Senate on October 11, 2012; to the ting, pursuant to law, the report of a rule en- port Restrictions on Archaeological and Eth- Committee on Environment and Public titled ‘‘Approval and Promulgation of Air nological Materials from Guatemala’’ Works. Quality Implementation Plans; West Vir- (RIN1515–AD92) received during adjournment EC–7839. A communication from the Direc- ginia; Prevention of Significant Deteriora- of the Senate in the Office of the President tor of the Regulatory Management Division, tion’’ (FRL No. 9738–2) received during ad- of the Senate on September 27, 2012; to the Environmental Protection Agency, transmit- journment of the Senate in the Office of the Committee on Finance. ting, pursuant to law, the report of a rule en- President of the Senate on October 16, 2012; EC–7853. A communication from the Chief titled ‘‘Approval and Promulgation of Imple- to the Committee on Environment and Pub- of the Publications and Regulations Branch, mentation Plans; Portion of York County, lic Works. Internal Revenue Service, Department of the South Carolina Within Charlotte-Gastonia- EC–7846. A communication from the Direc- Treasury, transmitting, pursuant to law, the Rock Hill, North Carolina-South Carolina tor of the Regulatory Management Division, report of a rule entitled ‘‘Extension of Re- 1997 8-Hour Ozone Nonattainment Area; Rea- Environmental Protection Agency, transmit- placement Period for Livestock Sold on Ac- sonable Further Progress Plan’’ (FRL No. ting, pursuant to law, the report of a rule en- count of Drought in Specified Counties’’ (No- 9740–9) received during adjournment of the titled ‘‘Approval and Promulgation of Imple- tice 2012–62) received during adjournment of Senate in the Office of the President of the mentation Plans; Alaska: Infrastructure Re- the Senate in the Office of the President of Senate on October 11, 2012; to the Committee quirements for the 1997 8-Hour Ozone Na- the Senate on September 27, 2012; to the on Environment and Public Works. tional Ambient Air Quality Standard’’ (FRL Committee on Finance. EC–7840. A communication from the Direc- No. 9701–5) received during adjournment of EC–7854. A communication from the Chief tor of the Regulatory Management Division, the Senate in the Office of the President of of the Publications and Regulations Branch, Environmental Protection Agency, transmit- the Senate on October 16, 2012; to the Com- Internal Revenue Service, Department of the ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Treasury, transmitting, pursuant to law, the titled ‘‘Approval and Promulgation of Imple- EC–7847. A communication from the Direc- report of a rule entitled ‘‘RIC Modernization mentation Plans; North Carolina 110(a) (1) tor of the Regulatory Management Division, Act Capital Loss Carryforward Effective and (2) Infrastructure Requirements for the Environmental Protection Agency, transmit- Date’’ (Rev. Rul. 2012–29) received during ad- 1997 and 2006 Fine Particulate Matter Na- ting, pursuant to law, the report of a rule en- journment of the Senate in the Office of the tional Ambient Air Quality Standards’’ (FRL titled ‘‘Revisions to the California State Im- President of the Senate on October 4, 2012; to No. 9739–2) received during adjournment of plementation Plan, San Joaquin Valley Uni- the Committee on Finance. the Senate in the Office of the President of fied Air Pollution Control District’’ (FRL EC–7855. A communication from the Chief the Senate on October 11, 2012; to the Com- No. 9732–5) received during adjournment of of the Publications and Regulations Branch, mittee on Environment and Public Works. the Senate in the Office of the President of Internal Revenue Service, Department of the EC–7841. A communication from the Direc- the Senate on October 16, 2012; to the Com- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, mittee on Environment and Public Works. report of a rule entitled ‘‘New Markets Tax Environmental Protection Agency, transmit- EC–7848. A communication from the Direc- Credit Non-Real Estate Investments’’ (TD ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, 9600) received during adjournment of the

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15121 Senate in the Office of the President of the EC–7866. A communication from the Assist- dent of the Senate on October 9, 2012; to the Senate on October 4, 2012; to the Committee ant Secretary, Legislative Affairs, Depart- Committee on Health, Education, Labor, and on Finance. ment of State, transmitting, certification of Pensions. EC–7856. A communication from the Chief proposed issuance of an export license pursu- EC–7877. A communication from the Sec- of the Trade and Commercial Regulations ant to section 36(c) of the Arms Export Con- retary of Education, transmitting, pursuant Branch, Customs and Border Protection, De- trol Act (Transmittal No. DDTC 12–123); to to law, the report of a rule entitled ‘‘Adjust- partment of Homeland Security, transmit- the Committee on Foreign Relations. ment of Civil Monetary Penalties for Infla- ting, pursuant to law, the report of a rule en- EC–7867. A communication from the Assist- tion’’ (RIN1801–AA12) received during ad- titled ‘‘United States—Peru Trade Pro- ant Secretary, Legislative Affairs, Depart- journment of the Senate in the Office of the motion Agreement’’ (RIN1515–AD79) received ment of State, transmitting, certification of President of the Senate on October 9, 2012; to during adjournment of the Senate in the Of- proposed issuance of an export license pursu- the Committee on Health, Education, Labor, fice of the President of the Senate on Octo- ant to section 36(c) of the Arms Export Con- and Pensions. ber 15, 2012; to the Committee on Finance. trol Act (Transmittal No. DDTC 12–116); to EC–7878. A communication from the Sec- EC–7857. A communication from the Assist- the Committee on Foreign Relations. retary of Health and Human Services, trans- ant Secretary, Legislative Affairs, Depart- EC–7868. A communication from the Assist- mitting, pursuant to law, the Food and Drug ment of State, transmitting, pursuant to ant Secretary, Legislative Affairs, Depart- Administration’s report relative to the Third law, a report relative to groups designated ment of State, transmitting, certification of Review of the Backlog of Postmarketing Re- by the Secretary of State as Foreign Ter- proposed issuance of an export license pursu- quirements and Postmarketing Commit- rorist Organizations (OSS 2012–1481); to the ant to section 36(c) of the Arms Export Con- ments; to the Committee on Health, Edu- Committee on Foreign Relations. trol Act (Transmittal No. DDTC 12–112); to cation, Labor, and Pensions. EC–7858. A communication from the Assist- the Committee on Foreign Relations. EC–7879. A communication from General ant Secretary, Bureau of Political-Military EC–7869. A communication from the Assist- Counsel, Corporation for National and Com- Affairs, Department of State, transmitting, ant Legal Adviser for Treaty Affairs, Depart- munity Service, transmitting, pursuant to pursuant to law, an addendum to a certifi- ment of State, transmitting, pursuant to the law, the report of a rule entitled ‘‘Criminal cation, transmittal number: DDTC 12–113, of Case-Zablocki Act, 1 U.S.C. 112b, as amended, History Check Requirements for AmeriCorps the proposed sale or export of defense arti- the report of the texts and background state- State/National, Senior Companions, Foster cles and/or defense services to a Middle East ments of international agreements, other Grandparents, the Retired and Senior Volun- country regarding any possible affects such a than treaties (List 2012–0123—2012–0142); to teer Program, and Other National Service sale might have relating to Israel’s Quali- the Committee on Foreign Relations. Programs; Final Rule’’ (RIN3045–AA56) re- tative Military Edge over military threats to EC–7870. A communication from the Assist- ceived during adjournment of the Senate in Israel; to the Committee on Foreign Rela- ant Legal Adviser for Treaty Affairs, Depart- the Office of the President of the Senate on tions. ment of State, transmitting, pursuant to the October 12, 2012; to the Committee on EC–7859. A communication from the Acting Case-Zablocki Act, 1 U.S.C. 112b, as amended, Health, Education, Labor, and Pensions. Secretary of Commerce, transmitting, pursu- the report of the texts and background state- EC–7880. A communication from the Dep- ant to law, a report relative to the export to ments of international agreements, other uty Director for Policy, Legislative and Reg- the People’s Republic of China of an item not than treaties (List 2012–0143—2012–0150); to ulatory Department, Pension Benefit Guar- detrimental to the U.S. space launch indus- the Committee on Foreign Relations. anty Corporation, transmitting, pursuant to try; to the Committee on Foreign Relations. EC–7871. A communication from the Assist- law, the report of a rule entitled ‘‘Benefits EC–7860. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- Payable in Terminated Single-Employer ant Secretary, Bureau of Legislative Affairs, ment of State, transmitting, certification of Plans; Allocation of Assets in Single-Em- Department of State, transmitting, pursuant proposed issuance of an export license pursu- ployer Plans; Interest Assumptions for Val- to law, a report entitled ‘‘Operation of the ant to section 36(d) of the Arms Export Con- uing and Paying Benefits’’ (29 CFR Parts 4022 Enterprise for the Americas Initiative and trol Act (Transmittal No. DDTC 12–132); to and 4044) received during adjournment of the the Tropical Forest Conservation Act 2011 the Committee on Foreign Relations. Senate in the Office of the President of the Annual Report to Congress’’; to the Com- EC–7872. A communication from the Sec- Senate on September 26, 2012; to the Com- mittee on Foreign Relations. retary of Labor, transmitting, pursuant to mittee on Health, Education, Labor, and EC–7861. A communication from the Assist- law, a report entitled ‘‘The Department of Pensions. ant Secretary, Legislative Affairs, Depart- Labor’s 2011 Findings on the Worst Forms of EC–7881. A communication from the Pro- ment of State, transmitting, pursuant to Child Labor’’; to the Committee on Health, gram Manager, Centers for Disease Control law, a report consistent with the Authoriza- Education, Labor, and Pensions. and Prevention, Department of Health and tion for Use of Military Force Against Iraq EC–7873. A communication from the Sec- Human Services, transmitting, pursuant to Resolution of 1002 (P.L. 107–243) and the Au- retary of Labor, transmitting, pursuant to law, the report of a rule entitled ‘‘Posses- thorization for the Use of Force Against Iraq law, a report entitled ‘‘List of Goods Pro- sion, Use, and Transfer of Select Agents and Resolution (P.L. 102–1) for the April 26, 2012 duced by Child Labor or Forced Labor’’; to Toxins; Biennial Review’’ (RIN0920–AA34) re- through June 24, 2012 reporting period; to the the Committee on Health, Education, Labor, ceived during adjournment of the Senate in Committee on Foreign Relations. and Pensions. the Office of the President of the Senate on EC–7862. A communication from the Assist- EC–7874. A communication from the Chair- October 4, 2012; to the Committee on Health, ant Secretary, Legislative Affairs, Depart- man of the National Health Care Workforce Education, Labor, and Pensions. ment of State, transmitting, pursuant to Commission, transmitting, a report relative EC–7882. A communication from the Assist- law, a report relative to the Secretary of to the status of the Commission; to the Com- ant Secretary for the Employment and State’s convening of an Accountability Re- mittee on Health, Education, Labor, and Training Administration, Department of view Board regarding Benghazi, Libya; to the Pensions. Labor, transmitting, pursuant to law, the re- Committee on Foreign Relations. EC–7875. A communication from the Assist- port of a rule entitled ‘‘Wage Methodology EC–7863. A communication from the Assist- ant Secretary for Special Education and Re- for the Temporary Non-Agricultural Em- ant Secretary, Legislative Affairs, Depart- habilitative Services, Department of Edu- ployment H-2B Program; Delay of Effective ment of State, transmitting, certification of cation, transmitting, pursuant to law, the Date’’ (RIN1205–AB61) received during ad- proposed issuance of an export license pursu- report of a rule entitled ‘‘Final Priorities journment of the Senate in the Office of the ant to section 36(c) of the Arms Export Con- and Definitions; State Personnel Develop- President of the Senate on September 28, trol Act (Transmittal No. DDTC 12–098); to ment Grants’’ (CFDA No. 84.323A) received 2012; to the Committee on Health, Education, the Committee on Foreign Relations. during adjournment of the Senate in the Of- Labor, and Pensions. EC–7864. A communication from the Assist- fice of the President of the Senate on Octo- EC–7883. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- ber 9, 2012; to the Committee on Health, Edu- tor, Directorate of Cooperative and State ment of State, transmitting, certification of cation, Labor, and Pensions. Programs, Occupational Safety and Health proposed issuance of an export license pursu- EC–7876. A communication from the Assist- Administration, transmitting, pursuant to ant to section 36(c) of the Arms Export Con- ant Secretary for Special Education and Re- law, the report of a rule entitled ‘‘Hawaii trol Act (Transmittal No. DDTC 12–118); to habilitative Services, Department of Edu- State Plan for Occupational Safety and the Committee on Foreign Relations. cation, transmitting, pursuant to law, the Health’’ (RIN1218–AC78) received during ad- EC–7865. A communication from the Assist- report of a rule entitled ‘‘Final Priority; journment of the Senate in the Office of the ant Secretary, Legislative Affairs, Depart- Technical Assistance on State Data Collec- President of the Senate on October 9, 2012; to ment of State, transmitting, certification of tion, Analysis, and Reporting—National the Committee on Health, Education, Labor, proposed issuance of an export license pursu- IDEA Technical Assistance Center on Early and Pensions. ant to section 36(c) of the Arms Export Con- Childhood Longitudinal Data Systems’’ EC–7884. A communication from the Dis- trol Act (Transmittal No. DDTC 12–117); to (CFDA No. 84.373Z) received during adjourn- trict of Columbia Auditor, transmitting, pur- the Committee on Foreign Relations. ment of the Senate in the Office of the Presi- suant to law, a report entitled, ‘‘District of

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15122 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 Columbia Public Schools Local Schools and of the Senate on October 3, 2012; to the Com- Tobacco Tax and Trade Bureau, Department Central Office Budget Process Review Con- mittee on Homeland Security and Govern- of the Treasury, transmitting, pursuant to sulting Report (Report No. 2) Fiscal Years mental Affairs. law, the report of a rule entitled ‘‘Revision 2007–2010’’; to the Committee on Homeland EC–7895. A communication from the Acting to Vintage Date Requirements’’ (RIN1513– Security and Governmental Affairs. Director of the Office of Regulatory Affairs AB84) received during adjournment of the EC–7885. A communication from the Dis- and Collaborative Action, Bureau of Indian Senate in the Office of the President of the trict of Columbia Auditor, transmitting, pur- Affairs, Department of the Interior, trans- Senate on September 26, 2012; to the Com- suant to law, a report entitled, ‘‘Review of mitting, pursuant to law, the report of a rule mittee on the Judiciary. the District of Columbia’s Performance entitled ‘‘Heating, Cooling, and Lighting EC–7906. A communication from the Fed- Measurement System’’; to the Committee on Standards for Bureau-funded Dormitory Fa- eral Register Liaison Officer, Alcohol and Homeland Security and Governmental Af- cilities’’ (RIN1076–AF10) received during ad- Tobacco Tax and Trade Bureau, Department fairs. journment of the Senate in the Office of the of the Treasury, transmitting, pursuant to EC–7886. A communication from the Dis- President of the Senate on October 5, 2012; to law, the report of a rule entitled ‘‘Establish- trict of Columbia Auditor, transmitting, pur- the Committee on Indian Affairs. ment of the Inwood Valley Viticultural suant to law, a report entitled, ‘‘Audit of the EC–7896. A communication from the Sec- Area’’ (RIN1513–AB83) received during ad- journment of the Senate in the Office of the Accounts and Operations of ANC 2D for Fis- retary of Health and Human Services, trans- President of the Senate on September 26, cal Years 2009 through 2011’’; to the Com- mitting, pursuant to law, a report entitled 2012; to the Committee on the Judiciary. mittee on Homeland Security and Govern- ‘‘Fiscal Year 2011 Report to Congress on EC–7907. A communication from the Chief mental Affairs. Funding Needs For Contract Support Cost of of Regulation Development, Veterans Health EC–7887. A communication from the Dis- Self-Determination Awards’’; to the Com- Administration, Department of Veterans Af- trict of Columbia Auditor, transmitting, pur- mittee on Indian Affairs. fairs, transmitting, pursuant to law, the re- suant to law, a report entitled, ‘‘Audit of the EC–7897. A communication from the Gen- port of a rule entitled ‘‘Fisher House and Metropolitan Police Department’s Investiga- eral Counsel of the National Tropical Botan- Other Temporary Lodging’’ (RIN2900–AN79) tions and Preliminary Inquiries Involving ical Garden, transmitting, pursuant to law, a received during adjournment of the Senate First Amendment Activities’’; to the Com- report relative to an audit of the Garden for in the Office of the President of the Senate mittee on Homeland Security and Govern- the period from January 1, 2011, through De- on September 26, 2012; to the Committee on mental Affairs. cember 31, 2011; to the Committee on the Ju- Veterans’ Affairs. EC–7888. A communication from the Dis- diciary. EC–7908. A communication from the Direc- trict of Columbia Auditor, transmitting, pur- EC–7898. A communication from the Acting tor of the Regulation Policy and Manage- suant to law, a report entitled, ‘‘Fiscal Year Assistant Attorney General, Office of Legis- ment, Veterans Health Administration, De- 2011 Annual Report on Advisory Neighbor- lative Affairs, Department of Justice, trans- partment of Veterans Affairs, transmitting, hood Commissions’’; to the Committee on mitting, pursuant to law, the Department’s pursuant to law, the report of a rule entitled Homeland Security and Governmental Af- 2011 Annual Privacy Report; to the Com- ‘‘Removal of 30-Day Residency Requirement fairs. mittee on the Judiciary. for Per Diem Payments During an In-Patient EC–7889. A communication from the Acting EC–7899. A communication from the Clerk Hospital Stay’’ (RIN2900–AO36) received dur- Chief Privacy Officer, Privacy Office, De- of Court, United States Court of Appeals for ing adjournment of the Senate in the Office partment of Homeland Security, transmit- the Seventh Circuit, transmitting an opinion of the President of the Senate on September ting, pursuant to law, a report entitled ‘‘De- of the United States Court of Appeals for the 26, 2012; to the Committee on Veterans’ Af- partment of Homeland Security Privacy Of- Seventh Circuit (Senne v. Village of Pala- fairs. fice 2012 Annual Report to Congress’’; to the tine, IL); to the Committee on the Judiciary. EC–7909. A communication from the Direc- Committee on Homeland Security and Gov- EC–7900. A communication from the Clerk tor of the Regulation Policy and Manage- ernmental Affairs. of Court, United States Court of Appeals for ment, Veterans Benefit Administration, De- EC–7890. A communication from the Chair- the Seventh Circuit, transmitting an opinion partment of Veterans Affairs, transmitting, man of the Merit Systems Protection Board, of the United States Court of Appeals for the pursuant to law, the report of a rule entitled transmitting, pursuant to law, a report enti- Seventh Circuit (George v. Junior Achieve- ‘‘Servicemembers’ Group Life Insurance and tled ‘‘Employee Perceptions of Federal ment of Central Indiana); to the Committee Veterans’ Group Life Insurance—Slayer’s Workplace Violence’’; to the Committee on on the Judiciary. Rule Exclusion’’ (RIN2900–AN40) received Homeland Security and Governmental Af- EC–7901. A communication from the Clerk during adjournment of the Senate in the Of- fairs. of Court, United States Court of Appeals for fice of the President of the Senate on Octo- EC–7891. A communication from the Chair- the Seventh Circuit, transmitting an opinion ber 2, 2012; to the Committee on Veterans’ man of the National Capital Planning Com- of the United States Court of Appeals for the Affairs. mission, transmitting, pursuant to law, the Seventh Circuit (In re: Ganess Maharaj); to EC–7910. A communication from the Senior Commission’s fiscal year 2011 annual report the Committee on the Judiciary. Program Analyst, Federal Aviation Adminis- relative to the Notification and Federal Em- EC–7902. A communication from the Acting tration, Department of Transportation, transmitting, pursuant to law, the report of ployee Antidiscrimination and Retaliation Chief, Asset Forfeiture and Money Laun- a rule entitled ‘‘Airworthiness Directives; Act of 2002; to the Committee on Homeland dering Section, Department of Justice, Airbus Airplanes’’ ((RIN2120–AA64) (Docket Security and Governmental Affairs. transmitting, pursuant to law, the report of No. FAA–2012–0264)) received during adjourn- EC–7892. A communication from the Asso- a rule entitled ‘‘Consolidation of Seizure and ment of the Senate in the Office of the Presi- ciate Deputy Director, Central Intelligence Forfeiture Regulations’’ (RIN1105–AA74) re- dent of the Senate on September 27, 2012; to Agency, transmitting, pursuant to law, the ceived during adjournment of the Senate in the Committee on Commerce, Science, and Agency’s fiscal year 2011 annual report rel- the Office of the President of the Senate on Transportation. ative to the Notification and Federal Em- October 4, 2012; to the Committee on the Ju- EC–7911. A communication from the Senior ployee Antidiscrimination and Retaliation diciary. Program Analyst, Federal Aviation Adminis- Act of 2002; to the Committee on Homeland EC–7903. A communication from the Fed- tration, Department of Transportation, Security and Governmental Affairs. eral Liaison Officer, Patent and Trademark transmitting, pursuant to law, the report of EC–7893. A communication from the Ad- Office, Department of Commerce, transmit- a rule entitled ‘‘Airworthiness Directives; ministrator, Federal Emergency Manage- ting, pursuant to law, the report of a rule en- BAE Systems (Operations) Limited Air- ment Agency, Department of Homeland Se- titled ‘‘Changes to Implement Derivation planes’’ ((RIN2120–AA64) (Docket No. FAA– curity, transmitting, pursuant to law, a re- Proceedings’’ (RIN0651–AC74) received during 2012–0332)) received during adjournment of port relative to the cost of response and re- adjournment of the Senate in the Office of the Senate in the Office of the President of covery efforts for FEMA–3347–EM in the the President of the Senate on October 1, the Senate on September 27, 2012; to the State of Louisiana having exceeded the 2012; to the Committee on the Judiciary. Committee on Commerce, Science, and $5,000,000 limit for a single emergency dec- EC–7904. A communication from the Fed- Transportation. laration; to the Committee on Homeland Se- eral Register Liaison Officer, Alcohol and EC–7912. A communication from the Senior curity and Governmental Affairs. Tobacco Tax and Trade Bureau, Department Program Analyst, Federal Aviation Adminis- EC–7894. A communication from the Senior of the Treasury, transmitting, pursuant to tration, Department of Transportation, Procurement Executive, Office of Acquisi- law, the report of a rule entitled ‘‘Establish- transmitting, pursuant to law, the report of tion Policy, General Services Administra- ment of the Middleburg Virginia Viticultural a rule entitled ‘‘Airworthiness Directives; tion, transmitting, pursuant to law, the re- Area’’ (RIN1513–AB67) received during ad- The Boeing Company Airplanes’’ ((RIN2120– port of a rule entitled ‘‘General Services Ad- journment of the Senate in the Office of the AA64) (Docket No. FAA–2012–0336)) received ministration Acquisition Regulation; Re- President of the Senate on September 26, during adjournment of the Senate in the Of- write of Part 504, Administrative Matters’’ 2012; to the Committee on the Judiciary. fice of the President of the Senate on Sep- (RIN3090–AI72) received during adjournment EC–7905. A communication from the Fed- tember 27, 2012; to the Committee on Com- of the Senate in the Office of the President eral Register Liaison Officer, Alcohol and merce, Science, and Transportation.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15123 EC–7913. A communication from the Senior adjournment of the Senate in the Office of S. 1701. A bill to amend the Harmful Algal Program Analyst, Federal Aviation Adminis- the President of the Senate on September 27, Blooms and Hypoxia Research and Control tration, Department of Transportation, 2012; to the Committee on Commerce, Act of 1998, and for other purposes (Rept. No. transmitting, pursuant to law, the report of Science, and Transportation. 112–237). a rule entitled ‘‘Airworthiness Directives; f S. 1950. A bill to amend title 49, United Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) States Code, to improve commercial motor (Docket No. FAA–2011–1418)) received during REPORTS OF COMMITTEES DURING vehicle safety and reduce commercial motor adjournment of the Senate in the Office of ADJOURNMENT vehicle-related accidents and fatalities, to the President of the Senate on September 27, Under the authority of the order of authorize the Federal Motor Carrier Safety 2012; to the Committee on Commerce, the Senate of September 22, 2012, the Administration, and for other purposes Science, and Transportation. (Rept. No. 112–238). following reports of committees were EC–7914. A communication from the Senior f Program Analyst, Federal Aviation Adminis- submitted on November 2, 2012: tration, Department of Transportation, By Mr. LIEBERMAN, from the Committee INTRODUCTION OF BILLS AND transmitting, pursuant to law, the report of on Homeland Security and Governmental Af- JOINT RESOLUTIONS a rule entitled ‘‘Airworthiness Directives; fairs, with an amendment in the nature of a The following bills and joint resolu- Various Restricted Category Helicopters’’ substitute: ((RIN2120–AA64) (Docket No. FAA–2012–0739)) S. 1998. A bill to obtain an unqualified tions were introduced, read the first received during adjournment of the Senate audit opinion, and improve financial ac- and second times by unanimous con- in the Office of the President of the Senate countability and management at the Depart- sent, and referred as indicated: on September 27, 2012; to the Committee on ment of Homeland Security (Rept. No. 112– By Mr. MERKLEY: Commerce, Science, and Transportation. 230). S. 3626. A bill to provide financing assist- EC–7915. A communication from the Senior f ance for qualified water infrastructure Program Analyst, Federal Aviation Adminis- projects, and for other purposes; to the Com- tration, Department of Transportation, REPORTS OF COMMITTEES mittee on Environment and Public Works. transmitting, pursuant to law, the report of The following reports of committees f a rule entitled ‘‘Airworthiness Directives; were submitted: The Boeing Company Airplanes’’ ((RIN2120– SUBMISSION OF CONCURRENT AND By Mr. KERRY, from the Committee on AA64) (Docket No. FAA–2010–0480)) received Foreign Relations, with an amendment in SENATE RESOLUTIONS during adjournment of the Senate in the Of- the nature of a substitute: fice of the President of the Senate on Sep- The following concurrent resolutions S. 2215. A bill to create jobs in the United tember 27, 2012; to the Committee on Com- and Senate resolutions were read, and States by increasing United States exports merce, Science, and Transportation. referred (or acted upon), as indicated: to Africa by at least 200 percent in real dol- EC–7916. A communication from the Senior lar value within 10 years, and for other pur- By Mr. CASEY: Program Analyst, Federal Aviation Adminis- poses (Rept. No. 112–231). S. Res. 590. A resolution supporting the tration, Department of Transportation, S. 2318. A bill to authorize the Secretary of goals and ideals of ‘‘Children’s Grief Aware- transmitting, pursuant to law, the report of State to pay a reward to combat ness Day’’; to the Committee on Health, a rule entitled ‘‘Airworthiness Directives; transnational organized crime and for infor- Education, Labor, and Pensions. Airbus Airplanes’’ ((RIN2120–AA64) (Docket mation concerning foreign nationals wanted By Mr. SESSIONS (for himself and Mr. No. FAA–2012–0414)) received during adjourn- by international criminal tribunals, and for SHELBY): ment of the Senate in the Office of the Presi- other purposes (Rept. No. 112–232). S. Res. 591. A resolution expressing the dent of the Senate on September 27, 2012; to By Mr. KERRY, from the Committee on sense of the Senate regarding Raymond the Committee on Commerce, Science, and Foreign Relations, with an amendment in Weeks and his efforts in the establishment of Transportation. the nature of a substitute and an amendment Veterans Day; considered and agreed to. EC–7917. A communication from the Senior to the title: f Program Analyst, Federal Aviation Adminis- S. 3310. A bill to direct the President, in tration, Department of Transportation, consultation with the Department of State, ADDITIONAL COSPONSORS transmitting, pursuant to law, the report of United States Agency for International De- S. 82 a rule entitled ‘‘Airworthiness Directives; velopment, Millennium Challenge Corpora- Glasflugel Gliders’’ ((RIN2120–AA64) (Docket At the request of Mr. JOHANNS, the tion, and the Department of Defense, to es- name of the Senator from Arkansas No. FAA–2012–0046)) received during adjourn- tablish guidelines for United States foreign ment of the Senate in the Office of the Presi- assistance programs, and for other purposes (Mr. BOOZMAN) was added as a cospon- dent of the Senate on September 27, 2012; to (Rept. No. 112–233). sor of S. 82, a bill to repeal the sunset the Committee on Commerce, Science, and By Mr. KERRY, from the Committee on of the Economic Growth and Tax Relief Transportation. Foreign Relations, without amendment: Reconciliation Act of 2001 with respect EC–7918. A communication from the Senior S. 3331. A bill to provide for universal to the expansion of the adoption credit Program Analyst, Federal Aviation Adminis- intercountry adoption accreditation stand- tration, Department of Transportation, and adoption assistance programs, to ards, and for other purposes (Rept. No. 112– repeal the sunset of the Patient Pro- transmitting, pursuant to law, the report of 234). a rule entitled ‘‘Airworthiness Directives; By Mr. LIEBERMAN, from the Committee tection and Affordable Care Act with The Boeing Company Airplanes’’ ((RIN2120– on Homeland Security and Governmental Af- respect to increased dollar limitations AA64) (Docket No. FAA–2011–1322)) received fairs, with an amendment in the nature of a for such credit and programs, and to during adjournment of the Senate in the Of- substitute: allow the adoption credit to be claimed fice of the President of the Senate on Sep- S. 1268. A bill to increase the efficiency and in the year expenses are incurred, re- tember 27, 2012; to the Committee on Com- effectiveness of the Government by pro- gardless of when the adoption becomes merce, Science, and Transportation. viding for greater interagency experience final. EC–7919. A communication from the Senior among national security and homeland secu- Program Analyst, Federal Aviation Adminis- rity personnel through the development of a S. 202 tration, Department of Transportation, national security and homeland security At the request of Mr. PAUL, the transmitting, pursuant to law, the report of human capital strategy and interagency ro- names of the Senator from Maine (Ms. a rule entitled ‘‘Airworthiness Directives; tational service by employees, and for other COLLINS), the Senator from Ohio (Mr. The Boeing Company Airplanes’’ ((RIN2120– purposes (Rept. No. 112–235). PORTMAN) and the Senator from Kansas AA64) (Docket No. FAA–2009–0607)) received By Mr. ROCKEFELLER, from the Com- (Mr. ROBERTS) were added as cospon- during adjournment of the Senate in the Of- mittee on Commerce, Science, and Transpor- fice of the President of the Senate on Sep- tation, without amendment: sors of S. 202, a bill to require a full tember 27, 2012; to the Committee on Com- S. 1953. A bill to reauthorize the Research audit of the Board of Governors of the merce, Science, and Transportation. and Innovative Technology Administration, Federal Reserve System and the Fed- EC–7920. A communication from the Senior to improve transportation research and de- eral reserve banks by the Comptroller Program Analyst, Federal Aviation Adminis- velopment, and for other purposes (Rept. No. General of the United States before the tration, Department of Transportation, 112–236). end of 2012, and for other purposes. transmitting, pursuant to law, the report of By Mr. ROCKEFELLER, from the Com- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- S. 260 HPH s.r.o. Sailplanes’’ ((RIN2120–AA64) tation, with an amendment in the nature of At the request of Mr. NELSON of Flor- (Docket No. FAA–2012–0598)) received during a substitute: ida, the name of the Senator from

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Texas (Mrs. HUTCHISON) was added as a S. 1173 ent, or the sexual orientation or gender cosponsor of S. 260, a bill to amend At the request of Mr. WYDEN, the identity of the child involved. title 10, United States Code, to repeal name of the Senator from California S. 1782 the requirement for reduction of sur- (Mrs. FEINSTEIN) was added as a co- At the request of Mr. LAUTENBERG, vivor annuities under the Survivor sponsor of S. 1173, a bill to amend title the name of the Senator from Oregon Benefit Plan by veterans’ dependency XVIII of the Social Security Act to (Mr. WYDEN) was added as a cosponsor and indemnity compensation. modernize payments for ambulatory of S. 1782, a bill to provide for the re- S. 339 surgical centers under the Medicare duction in unintended pregnancy and At the request of Mr. BAUCUS, the program. sexually transmitted infections, in- names of the Senator from Michigan S. 1244 cluding HIV, and the promotion of (Mr. LEVIN), the Senator from Maine At the request of Mr. INOUYE, the healthy relationships, and for other (Ms. COLLINS) and the Senator from name of the Senator from Indiana (Mr. purposes. Ohio (Mr. BROWN) were added as co- UGAR L ) was added as a cosponsor of S. S. 1872 sponsors of S. 339, a bill to amend the 1244, a bill to provide for preferential At the request of Mr. CASEY, the Internal Revenue Code of 1986 to make duty treatment to certain apparel arti- name of the Senator from Alaska (Mr. permanent the special rule for con- cles of the Philippines. BEGICH) was added as a cosponsor of S. tributions of qualified conservation S. 1269 contributions. 1872, a bill to amend the Internal Rev- At the request of Ms. SNOWE, the enue Code of 1986 to provide for the tax S. 755 name of the Senator from Illinois (Mr. treatment of ABLE accounts estab- At the request of Mr. WYDEN, the DURBIN) was added as a cosponsor of S. name of the Senator from New Hamp- lished under State programs for the 1269, a bill to amend the Elementary care of family members with disabil- shire (Mrs. SHAHEEN) was added as a co- and Secondary Education Act of 1965 to ities, and for other purposes. sponsor of S. 755, a bill to amend the require the Secretary of Education to S. 1880 Internal Revenue Code of 1986 to allow collect information from coeducational an offset against income tax refunds to secondary schools on such schools’ ath- At the request of Mr. BARRASSO, the pay for restitution and other State ju- letic programs, and for other purposes. names of the Senator from Oklahoma (Mr. INHOFE) and the Senator from dicial debts that are past-due. S. 1391 Pennsylvania (Mr. TOOMEY) were added S. 821 At the request of Mr. TESTER, the as cosponsors of S. 1880, a bill to repeal At the request of Mr. LEAHY, the name of the Senator from New York the health care law’s job-killing health name of the Senator from Connecticut (Mrs. GILLIBRAND) was added as a co- insurance tax. (Mr. LIEBERMAN) was added as a co- sponsor of S. 1391, a bill to amend title sponsor of S. 821, a bill to amend the 38, United States Code, to improve the S. 1916 Immigration and Nationality Act to disability compensation evaluation At the request of Mr. NELSON of Flor- eliminate discrimination in the immi- procedure of the Secretary of Veterans ida, the name of the Senator from gration laws by permitting permanent Affairs for veterans with post-trau- North Carolina (Mrs. HAGAN) was added partners of United States citizens and matic stress disorder or mental health as a cosponsor of S. 1916, a bill to ex- lawful permanent residents to obtain conditions related to military sexual clude ecosystem component stocks of lawful permanent resident status in trauma, and for other purposes. fish from certain annual catch limits the same manner as spouses of citizens S. 1423 and for other purposes. and lawful permanent residents and to S. 2124 penalize immigration fraud in connec- At the request of Mr. TOOMEY, the At the request of Mr. MENENDEZ, the tion with permanent partnerships. name of the Senator from Idaho (Mr. CRAPO) was added as a cosponsor of S. name of the Senator from Connecticut S. 847 1423, a bill to clarify the orphan drug (Mr. BLUMENTHAL) was added as a co- At the request of Mr. LAUTENBERG, sponsor of S. 2124, a bill to amend title the name of the Senator from Hawaii exception to the annual fee on branded prescription pharmaceutical manufac- III of the Public Health Service Act to (Mr. INOUYE) was added as a cosponsor authorize and support the creation of of S. 847, a bill to amend the Toxic Sub- turers and importers. cardiomyopathy education, awareness, stances Control Act to ensure that S. 1460 and risk assessment materials and re- risks from chemicals are adequately At the request of Mr. BAUCUS, the sources by the Secretary of Health and understood and managed, and for other names of the Senator from Texas (Mr. Human Services through the Centers purposes. CORNYN) and the Senator from Hawaii for Disease Control and Prevention and S. 1042 (Mr. AKAKA) were added as cosponsors the dissemination of such materials At the request of Ms. MURKOWSKI, the of S. 1460, a bill to grant the congres- and resources by State educational name of the Senator from Kentucky sional gold medal, collectively, to the agencies to identify more at-risk fami- (Mr. PAUL) was added as a cosponsor of First Special Service Force, in recogni- lies. S. 1042, a bill to amend title XVIII of tion of its superior service during the Social Security Act to establish a World War II. S. 2189 Medicare payment option for patients S. 1718 At the request of Mr. HARKIN, the and physicians or practitioners to free- At the request of Mr. WYDEN, the name of the Senator from Maine (Ms. ly contract, without penalty, for Medi- name of the Senator from Louisiana SNOWE) was added as a cosponsor of S. care fee-for-service items and services, (Ms. LANDRIEU) was added as a cospon- 2189, a bill to amend the Age Discrimi- while allowing Medicare beneficiaries sor of S. 1718, a bill to amend title nation in Employment Act of 1967 and to use their Medicare benefits. XVIII of the Social Security Act with other laws to clarify appropriate stand- S. 1171 respect to the application of Medicare ards for Federal antidiscrimination and At the request of Mr. SCHUMER, the secondary payer rules for certain antiretaliation claims, and for other name of the Senator from California claims. purposes. (Mrs. FEINSTEIN) was added as a co- S. 1770 S. 2259 sponsor of S. 1171, a bill to amend the At the request of Mrs. GILLIBRAND, At the request of Mr. TESTER, the Internal Revenue Code of 1986 to extend the name of the Senator from Oregon name of the Senator from Montana the exclusion from gross income for (Mr. WYDEN) was added as a cosponsor (Mr. BAUCUS) was added as a cosponsor employer-provided health coverage for of S. 1770, a bill to prohibit discrimina- of S. 2259, a bill to provide for an in- employees’ spouses and dependent chil- tion in adoption or foster case place- crease, effective December 1, 2012, in dren to coverage provided to other eli- ments based on the sexual orientation, the rates of compensation for veterans gible dependent beneficiaries of em- gender identity, or marital status of with service-connected disabilities and ployees. any prospective adoptive or foster par- the rates of dependency and indemnity

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15125 compensation for the survivors of cer- the employer-provided child care credit ing reasonable workplace accommoda- tain disabled veterans, and for other under section 45F of the Internal Rev- tions for workers whose ability to per- purposes. enue Code of 1986. form the functions of a job are limited S. 3243 S. 3460 by pregnancy, childbirth, or a related At the request of Mrs. GILLIBRAND, At the request of Mr. ENZI, the name medical condition. the name of the Senator from New of the Senator from Maine (Ms. SNOWE) S. 3573 York (Mr. SCHUMER) was added as a co- was added as a cosponsor of S. 3460, a At the request of Mr. HOEVEN, the sponsor of S. 3243, a bill to amend the bill to amend the Internal Revenue names of the Senator from Kentucky Internal Revenue Code of 1986 to in- Code of 1986 to provide for startup busi- (Mr. MCCONNELL) and the Senator from crease the amount of the low-income nesses to use a portion of the research Ohio (Mr. PORTMAN) were added as co- housing credit that may be allocated in and development credit to offset pay- sponsors of S. 3573, a bill to recognize States damaged in 2011 by Hurricane roll taxes. the primacy of States, provide for the Irene or Tropical Storm Lee. S. 3477 consideration of the economic impact S. 3275 At the request of Mrs. BOXER, the of additional regulations, and provide At the request of Mr. COONS, the name of the Senator from New Jersey for standards and requirements relat- names of the Senator from Michigan (Mr. LAUTENBERG) was added as a co- ing to certain guidelines and regula- (Ms. STABENOW), the Senator from Col- sponsor of S. 3477, a bill to ensure that tions relating to health and the envi- orado (Mr. BENNET), the Senator from the United States promotes women’s ronment. Alaska (Ms. MURKOWSKI) and the Sen- meaningful inclusion and participation S. 3574 ator from Massachusetts (Mr. BROWN) in mediation and negotiation processes At the request of Mr. BLUNT, the were added as cosponsors of S. 3275, a undertaken in order to prevent, miti- name of the Senator from Maine (Ms. bill to amend the Internal Revenue gate, or resolve violent conflict and COLLINS) was added as a cosponsor of S. Code of 1986 to extend the publicly implements the United States National 3574, a bill to amend section 403 of the traded partnership ownership structure Action Plan on Women, Peace, and Se- Federal Food, Drug, and Cosmetic Act to energy power generation projects curity. to improve and clarify certain disclo- and transportation fuels, and for other S. 3494 sure requirements for restaurants, purposes. At the request of Mr. FRANKEN, the similar retail food establishments, and S. 3338 name of the Senator from Tennessee vending machines. At the request of Mr. HARKIN, the (Mr. ALEXANDER) was added as a co- S. 3584 name of the Senator from Minnesota sponsor of S. 3494, a bill to amend the At the request of Mr. PRYOR, the (Mr. FRANKEN) was added as a cospon- Internal Revenue Code of 1986 to qual- name of the Senator from Colorado sor of S. 3338, a bill to amend the Pub- ify formerly homeless individuals who (Mr. UDALL) was added as a cosponsor lic Health Service Act and title XVIII are full-time students for purposes of of S. 3584, a bill to reauthorize the Na- of the Social Security Act to make the low income housing tax credit. tional Integrated Drought Information provision of technical services for med- S. 3498 System, and for other purposes. ical imaging examinations and radi- At the request of Mr. CASEY, the S. 3605 ation therapy treatments safer, more name of the Senator from Oregon (Mr. At the request of Mr. CRAPO, the accurate, and less costly. MERKLEY) was added as a cosponsor of names of the Senator from Wyoming S. 3394 S. 3498, a bill to provide humanitarian (Mr. BARRASSO) and the Senator from At the request of Mr. JOHNSON of assistance and support a democratic Georgia (Mr. CHAMBLISS) were added as South Dakota, the names of the Sen- transition in Syria, and for other pur- cosponsors of S. 3605, a bill to clarify ator from Delaware (Mr. COONS), the poses. Congressional intent regarding the reg- Senator from Connecticut (Mr. LIEBER- S. 3526 ulation of the use of pesticides in or MAN), the Senator from Louisiana (Ms. At the request of Mr. WICKER, the near navigable waters, and for other LANDRIEU), the Senator from New Mex- names of the Senator from Missouri purposes. ico (Mr. BINGAMAN) and the Senator (Mr. BLUNT) and the Senator from S.J. RES. 19 from New York (Mrs. GILLIBRAND) were Georgia (Mr. CHAMBLISS) were added as At the request of Mr. HATCH, the added as cosponsors of S. 3394, a bill to cosponsors of S. 3526, a bill to amend name of the Senator from Mississippi address fee disclosure requirements title 10, United States Code, to protect (Mr. COCHRAN) was added as a cospon- under the Electronic Fund Transfer the rights of conscience of members of sor of S.J. Res. 19, a joint resolution Act, to amend the Federal Deposit In- the Armed Forces and chaplains of proposing an amendment to the Con- surance Act with respect to informa- members of the Armed Forces, and for stitution of the United States author- tion provided to the Bureau of Con- other purposes. izing Congress to prohibit the physical sumer Financial Protection, and for S. 3550 desecration of the flag of the United other purposes. At the request of Mr. BLUMENTHAL, States. S. 3407 the name of the Senator from Illinois S.J. RES. 45 At the request of Mr. WYDEN, the (Mr. DURBIN) was added as a cosponsor At the request of Mrs. HUTCHISON, the name of the Senator from Connecticut of S. 3550, a bill to amend the Higher names of the Senator from Kansas (Mr. (Mr. BLUMENTHAL) was added as a co- Education Act of 1965 to protect stu- ROBERTS) and the Senator from sponsor of S. 3407, a bill to amend the dents from deceptive practices and Vermont (Mr. SANDERS) were added as Public Health Service Act to increase high-pressure sales by institutions of cosponsors of S.J. Res. 45, a joint reso- the number of permanent faculty in higher education, to provide a waiting lution amending title 36, United States palliative care at accredited allopathic period for students to make enrollment Code, to designate June 19 as and osteopathic medical schools, nurs- decisions, to guard against misrepre- ‘‘Juneteenth Independence Day’’. ing schools, and other programs, to sentation, to standardize and elevate S.J. RES. 50 promote education in palliative care institutional disclosures, and for other At the request of Mr. JOHANNS, his and hospice, and to support the devel- purposes. name was added as a cosponsor of S.J. opment of faculty careers in academic S. 3565 Res. 50, a joint resolution providing for palliative medicine. At the request of Mr. CASEY, the congressional disapproval under chap- S. 3427 name of the Senator from Vermont ter 8 of title 5, United States Code, of At the request of Mr. KOHL, the name (Mr. SANDERS) was added as a cospon- the rule submitted by the Office of of the Senator from New York (Mrs. sor of S. 3565, a bill to eliminate dis- Family Assistance of the Administra- GILLIBRAND) was added as a cosponsor crimination and promote women’s tion for Children and Families of the of S. 3427, a bill to permanently extend health and economic security by ensur- Department of Health and Human

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15126 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 Services relating to waiver and expend- across the United States will join together and women who have served their country iture authority under section 1115 of to show support for grieving children by par- with a special day of recognition; and the Social Security Act (42 U.S.C. 1315) ticipating in Children’s Grief Awareness Whereas Birmingham, Alabama, should be with respect to the Temporary Assist- Day; and recognized for its contributions to the insti- ance for Needy Families program. Whereas November 15, 2012, would be an ap- tution of Veterans Day: Now, therefore, be it propriate day to designate as ‘‘Children’s Resolved, That the Senate— S. RES. 543 Grief Awareness Day’’ to help the public un- (1) recognizes Birmingham, Alabama, as At the request of Mrs. BOXER, the derstand the devastating impact of the death the home to the first and longest running name of the Senator from Rhode Island of a loved one on a child, and of the need for celebration of Veterans Day; (Mr. WHITEHOUSE) was added as a co- support for grieving children: Now, there- (2) recognizes Raymond Weeks for his pio- sponsor of S. Res. 543, a resolution to fore, be it neering efforts in the establishment of Vet- express the sense of the Senate on Resolved, That the Senate— erans Day; and international parental child abduction. (1) supports the goals and ideals of Chil- (3) honors the sacrifices of, and pays trib- dren’s Grief Awareness Day to raise aware- ute to, the men and women of the United S. RES. 574 ness of and support for grieving children; States in uniform who risk life and limb for At the request of Mrs. GILLIBRAND, (2) recognizes the hard work that grieving their country at home and overseas. the names of the Senator from Rhode children do every day in creating a new life f Island (Mr. WHITEHOUSE) and the Sen- out of the pieces remaining of their old lives; ator from Maine (Ms. COLLINS) were (3) applauds the individuals that volunteer AMENDMENTS SUBMITTED AND added as cosponsors of S. Res. 574, a to support grieving children; PROPOSED resolution calling on the United Na- (4) salutes the Federal, State, and local or- SA 2871. Mr. BARRASSO submitted an tions to take concerted actions against ganizations that work on behalf of grieving amendment intended to be proposed by him leaders in Iran for their statements children; to the bill S. 3525, to protect and enhance op- calling for the destruction of another (5) recognizes the tireless efforts put forth portunities for recreational hunting, fishing, by the individuals that help grieving chil- United Nations Member State, Israel. and shooting, and for other purposes; which dren day after day; and was ordered to lie on the table. f (6) encourages the people of the United SA 2872. Mr. COCHRAN submitted an SUBMITTED RESOLUTIONS States to observe Children’s Grief Awareness amendment intended to be proposed by him Day with appropriate programs and activi- to the bill S. 3525, supra; which was ordered ties. to lie on the table. SENATE RESOLUTION 590—SUP- f SA 2873. Mr. COCHRAN submitted an PORTING THE GOALS AND amendment intended to be proposed by him SENATE RESOLUTION 591—EX- to the bill S. 3525, supra; which was ordered IDEALS OF ‘‘CHILDREN’S GRIEF PRESSING THE SENSE OF THE to lie on the table. AWARENESS DAY’’ SENATE REGARDING RAYMOND SA 2874. Mr. KERRY (for himself, Ms. Mr. CASEY submitted the following WEEKS AND HIS EFFORTS IN CANTWELL, Mrs. BOXER, Mr. BROWN of Massa- resolution; which was referred to the THE ESTABLISHMENT OF VET- chusetts, Mr. BLUMENTHAL, Mr. MENENDEZ, Committee on Health, Education, Mr. DURBIN, and Mr. LAUTENBERG) submitted ERANS DAY an amendment intended to be proposed by Labor, and Pensions: Mr. SESSIONS (for himself and Mr. him to the bill S. 3525, supra; which was or- S. RES. 590 SHELBY) submitted the following reso- dered to lie on the table. Whereas 1 in 5 children in the United lution; which was considered and SA 2875. Mr. REID (for Mr. TESTER) pro- posed an amendment to the bill S. 3525, States will experience the death of a close agreed to: friend or relative by the age of 18 years old; supra. Whereas in the United States, 1,900,000 S. RES. 591 SA 2876. Mr. REID proposed an amendment children under the age of 18 years old have Whereas November 11, 2012, is the 65th an- to amendment SA 2875 proposed by Mr. REID lost 1 or both parents; niversary of National Veterans Day in Bir- (for Mr. TESTER) to the bill S. 3525, supra. Whereas the death of a loved one can affect mingham, Alabama; SA 2877. Mr. REID proposed an amendment a child for the rest of his or her life; Whereas the National Veterans Day in Bir- to amendment SA 2876 proposed by Mr. REID Whereas the death of a loved one causes mingham is the longest running celebration to the amendment SA 2875 proposed by Mr. confusion and distress because the child does of Veterans Day in the Nation; REID (for Mr. TESTER) to the bill S. 3525, not understand why the loved one died; Whereas, on November 11, 1946, World War supra. Whereas a grieving child often feels lonely, II veteran Raymond Weeks presented Gen- SA 2878. Mr. REID proposed an amendment fearful, and misunderstood, hindering the eral Eisenhower a program design proposing to the bill S. 3525, supra. ability to face feelings and manage grief; to replace Armistice Day with a National SA 2879. Mr. REID proposed an amendment Whereas children have often been called Veterans Day in 1947; to amendment SA 2878 proposed by Mr. REID ‘‘forgotten mourners’’ because many people Whereas the very first Veterans Day cele- to the bill S. 3525, supra. SA 2880. Mr. REID proposed an amendment erroneously believe that children are resil- bration was held in Birmingham by the Na- to the bill S. 3525, supra. ient enough to ‘‘just get over’’ grief; tional Veterans Day Organization in 1947; SA 2881. Mr. REID proposed an amendment Whereas a grieving child needs to have his Whereas President Eisenhower signed into to amendment SA 2880 proposed by Mr. REID or her feelings acknowledged, a listening ear, law on June 1, 1954, the Act proclaiming No- to the bill S. 3525, supra. and the support of caring individuals, such vember 11 as Veterans Day (Public Law 380; SA 2882. Mr. REID proposed an amendment as family members, friends, and others who 83rd Congress); to amendment SA 2881 proposed by Mr. REID are also grieving a loss; Whereas in 1954, the National Veterans Day to the amendment SA 2880 proposed by Mr. Whereas Children’s Grief Awareness Day Volunteer Organization, started by Raymond REID to the bill S. 3525, supra. began in 2008, through grassroots efforts to Weeks, expanded to organize a multi-day SA 2883. Mr. LEE submitted an amendment help others understand the impact of death celebration including, but not limited to, a intended to be proposed by him to the bill S. on children, and the need for support, and to Veterans Day Parade, a World Peace Lunch- 3525, supra; which was ordered to lie on the provide ways for adults and young people to eon, and presentation during the National table. show support and solidarity for grieving chil- Veterans Award Dinner of the National Vet- SA 2884. Mr. LEE submitted an amendment dren; erans Award; intended to be proposed by him to the bill S. Whereas Children’s Grief Awareness Day is Whereas these three events have been held 3525, supra; which was ordered to lie on the observed every year on the Thursday before every year since 1954; table. Thanksgiving, immediately preceding the Whereas the briefing for President Reagan SA 2885. Mr. LEE (for himself and Mr. winter holidays, which can be a particularly by Elizabeth Dole for the Presidential Citi- MCCAIN) submitted an amendment intended difficult time for grieving children; zens Medals cited Raymond Weeks as the to be proposed by him to the bill S. 3525, Whereas individuals can participate in ‘‘Father of Veterans Day’’; supra; which was ordered to lie on the table. Children’s Grief Awareness Day by engaging Whereas President Reagan recognized Ray- SA 2886. Mr. LEE submitted an amendment in activities that raise awareness of the mond Weeks as the driving force behind Vet- intended to be proposed by him to the bill S. needs of grieving children and by wearing erans Day while presenting Raymond Weeks 3525, supra; which was ordered to lie on the blue on that day as a symbol of support for with the Presidential Citizens Medal on No- table. grieving children; vember 11, 1982; SA 2887. Mr. KOHL (for himself and Mr. Whereas on November 15, 2012, thousands of Whereas Raymond Weeks should be recog- JOHNSON of Wisconsin) submitted an amend- children and adults from all walks of life and nized for his push to honor the great men ment intended to be proposed by him to the

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15127 bill S. 3254, to authorize appropriations for (4) by striking subsections (e) and (f) and cluding proceedings for judicial review of fiscal year 2013 for military activities of the inserting the following: agency action, brought by or against the Department of Defense, for military con- ‘‘(e)(1) The Chairman of the Administra- United States in any court having jurisdic- struction, and for defense activities of the tive Conference of the United States, after tion of that action, shall award to a pre- Department of Energy, to prescribe military consultation with the Chief Counsel for Ad- vailing party (other than the United States) personnel strengths for such fiscal year, and vocacy of the Small Business Administra- fees and other expenses, in addition to any for other purposes; which was ordered to lie tion, shall report annually to the Congress costs awarded pursuant to subsection (a), in- on the table. on the amount of fees and other expenses curred by that party in the civil action, un- SA 2888. Mr. KOHL (for himself and Mr. awarded during the preceding fiscal year pur- less the court finds that the position of the BOOZMAN) submitted an amendment intended suant to this section. The report shall de- United States was substantially justified or to be proposed by him to the bill S. 3254, scribe the number, nature, and amount of that special circumstances make an award supra; which was ordered to lie on the table. the awards, the claims involved in the con- unjust. Fees and other expenses may be SA 2889. Mr. PRYOR (for himself and Mr. troversy, and any other relevant information awarded under this paragraph only to a pre- BOOZMAN) submitted an amendment intended that may aid the Congress in evaluating the vailing party who has a direct and personal to be proposed by him to the bill S. 3525, to scope and impact of such awards. Each agen- interest in the civil action because of med- protect and enhance opportunities for rec- cy shall provide the Chairman in a timely ical costs, property damage, denial of bene- reational hunting, fishing, and shooting, and manner all information necessary for the fits, unpaid disbursement, fees and other ex- for other purposes; which was ordered to lie Chairman to comply with the requirements penses incurred in defense of the civil action, interest in a policy concerning such medical on the table. of this subsection. The report shall be made costs, property damage, denial of benefits, available to the public online. f unpaid disbursement, or fees and other ex- ‘‘(2)(A) The report required by paragraph penses, or otherwise.’’; (1) shall account for all payments of fees and TEXT OF AMENDMENTS (2) in paragraph (1)(C)— other expenses awarded under this section (A) by striking ‘‘court, in its discretion, that are made pursuant to a settlement SA 2871. Mr. BARRASSO submitted may’’ and inserting ‘‘court shall’’; and agreement, regardless of whether the settle- (B) by striking ‘‘unduly and unreasonably’’ an amendment intended to be proposed ment agreement is sealed or otherwise sub- and inserting ‘‘unduly or unreasonably’’; by him to the bill S. 3525, to protect ject to nondisclosure provisions, except that (3) in paragraph (2)— and enhance opportunities for rec- any version of the report made available to (A) in subparagraph (A)(ii), by striking reational hunting, fishing, and shoot- the public may not reveal any information ‘‘$125’’ and all that follows through the end ing, and for other purposes; which was the disclosure of which is contrary to the na- and inserting ‘‘$200 per hour.);’’; tional security of the United States. ordered to lie on the table; as follows: (B) in subparagraph (B)(ii), by striking ‘‘; ‘‘(B) The disclosure of fees and other ex- except that’’ and all that follows through At the appropriate place, insert the fol- penses required under subparagraph (A) does ‘‘section 601 of title 5;’’ and inserting ‘‘except lowing: not affect any other information that is sub- that— SEC. ll. MODIFICATION OF EQUAL ACCESS TO ject to nondisclosure provisions in the settle- ‘‘(I) the net worth of a party (other than an JUSTICE PROVISIONS. ment agreement. individual or a unit of local government) (a) AGENCY PROCEEDINGS.—Section 504 of ‘‘(f) The Chairman of the Administrative shall include the net worth of any parent en- title 5, United States Code, is amended— Conference shall create and maintain online tity or subsidiary of that party; and (1) in subsection (a)— a searchable database containing the fol- ‘‘(II) for purposes of subclause (I)— (A) in paragraph (1)—— lowing information with respect to each ‘‘(aa) a ‘parent entity’ of a party is an enti- (i) by inserting after the first sentence the award of fees and other expenses under this ty that owns or controls the equity or other following: ‘‘Fees and other expenses may be section: evidences of ownership in that party; and awarded under this subsection only to a pre- ‘‘(1) The name of each party to whom the ‘‘(bb) a ‘subsidiary’ of a party is an entity vailing party who has a direct and personal award was made. the equity or other evidences of ownership in interest in the adversary adjudication be- ‘‘(2) The name of each counsel of record which are owned or controlled by that cause of medical costs, property damage, de- representing each party to whom the award party;’’. nial of benefits, unpaid disbursement, fees was made. (4) by adding at the end the following: and other expenses incurred in defense of the ‘‘(3) The agency to which the application ‘‘(5) The Director of the Office of Manage- adjudication, interest in a policy concerning for the award was made. ment and Budget shall adjust the maximum such medical costs, property damage, denial ‘‘(4) The name of each counsel of record hourly fee set forth in paragraph (2)(A)(ii) for of benefits, unpaid disbursement, or fees and representing the agency to which the appli- the fiscal year beginning October 1, 2013, and other expenses, or otherwise.’’; and cation for the award was made. for each fiscal year thereafter, to reflect (ii) by adding at the end the following: ‘‘(5) The name of each administrative law changes in the Consumer Price Index, as de- ‘‘The agency conducting the adversary adju- judge, and the name of any other agency em- termined by the Secretary of Labor. dication shall make any party against whom ployee serving in an adjudicative role, in the ‘‘(6)(A) The Chairman of the Administra- the adjudication is brought, at the time the adversary adjudication that is the subject of tive Conference of the United States shall re- adjudication is commenced, aware of the the application for the award. port annually to the Congress on the amount provisions of this section.’’; and ‘‘(6) The amount of the award. of fees and other expenses awarded during (B) in paragraph (3), in the first sentence— ‘‘(7) The names and hourly rates of each the preceding fiscal year pursuant to this (i) by striking ‘‘may reduce’’ and inserting expert witness for whose services the award subsection. The report shall describe the ‘‘shall reduce’’; and was made under the application. number, nature, and amount of the awards, (ii) by striking ‘‘unduly and unreasonably’’ ‘‘(8) The basis for the finding that the posi- the claims involved in each controversy, and and inserting ‘‘unduly or unreasonably’’; tion of the agency concerned was not sub- any other relevant information which may (2) in subsection (b)(1)— stantially justified. aid the Congress in evaluating the scope and (A) in subparagraph (A)(ii), by striking ‘‘(g) The online searchable database de- impact of such awards. Each agency shall ‘‘$125 per hour’’ and all that follows through scribed in subsection (f) may not reveal any provide the Chairman with such information the end and inserting ‘‘$200 per hour.);’’; and information the disclosure of which is pro- as is necessary for the Chairman to comply (B) in subparagraph (B)(ii), by striking ‘‘; hibited by law or court order, or the disclo- with the requirements of this paragraph. The report shall be made available to the public except that’’ and all that follows through sure of which is contrary to the national se- online. ‘‘section 601;’’ and inserting ‘‘except that— curity of the United States. ‘‘(B) (i) The report required by subpara- ‘‘(I) the net worth of a party (other than an ‘‘(h) The Director of the Office of Manage- graph (A) shall account for all payments of individual or a unit of local government) ment and Budget shall adjust the maximum fees and other expenses awarded under this shall include the net worth of any parent en- hourly fee set forth in subsection (b)(1)(A)(ii) subsection that are made pursuant to a set- tity or subsidiary of that party; and for the fiscal year beginning October 1, 2013, tlement agreement, regardless of whether ‘‘(II) for purposes of subclause (I)— and for each fiscal year thereafter, to reflect the settlement agreement is sealed or other- ‘‘(aa) a ‘parent entity’ of a party is an enti- changes in the Consumer Price Index, as de- wise subject to nondisclosure provisions, ex- ty that owns or controls the equity or other termined by the Secretary of Labor.’’. cept that any version of the report made evidences of ownership in that party; and (b) COURT CASES.—Section 2412(d) of title available to the public may not reveal any ‘‘(bb) a ‘subsidiary’ of a party is an entity 28, United States Code, is amended— information the disclosure of which is con- the equity or other evidences of ownership in (1) by amending subsection (d)(1)(A) to trary to the national security of the United which are owned or controlled by that read as follows: States. party;’’. ‘‘(d)(1)(A) Except as otherwise specifically ‘‘(ii) The disclosure of fees and other ex- (3) in subsection (c)(1), by striking ‘‘, provided by statute, a court, in any civil ac- penses required under clause (i) does not af- United States Code’’; and tion (other than cases sounding in tort), in- fect any other information that is subject to

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15128 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 nondisclosure provisions in the settlement United States in and to the parcels of land SECTION 1. SHORT TITLE; TABLE OF CONTENTS. agreement. described in paragraph (2). (a) SHORT TITLE.—This Act may be cited as ‘‘(C) The Chairman of the Administrative (B) COMPATIBLE USE.—The deed of convey- the ‘‘Sportsmen’s Act of 2012’’. Conference shall include and clearly identify ance to the parcel of land that is located (b) TABLE OF CONTENTS.—The table of con- in the annual report under subparagraph (A), southeast of U.S. Route 61/84 (commonly tents of this Act is as follows: for each case in which an award of fees and known as the ‘‘bean field property’’) shall re- Sec. 1. Short title; table of contents. other expenses is included in the report— serve an easement to the United States re- TITLE I—HUNTING, FISHING, AND ‘‘(i) any amounts paid from section 1304 of stricting the use of the parcel to only those RECREATIONAL SHOOTING title 31 for a judgment in the case; uses that are compatible with the Natchez ‘‘(ii) the amount of the award of fees and Trace Parkway. Subtitle A—Hunting and Recreational other expenses; and (2) DESCRIPTION OF LAND.—The parcels of Shooting ‘‘(iii) the statute under which the plaintiff land referred to in paragraph (1) are the 2 Sec. 101. Making public land public. filed suit. parcels totaling approximately 67 acres gen- Sec. 102. Permits for importation of polar ‘‘(7) The Chairman of the Administrative erally depicted as ‘‘Proposed Conveyance’’ on bear trophies taken in sport Conference shall create and maintain online the map. hunts in Canada. a searchable database containing the fol- (3) AVAILABILITY OF MAP.—The map shall Sec. 103. Transporting bows through Na- lowing information with respect to each be on file and available for public inspection tional Parks. award of fees and other expenses under this in the appropriate offices of the National Subtitle B—Target Practice and subsection: Park Service. Marksmanship Training Support ‘‘(A) The name of each party to whom the (d) BOUNDARY ADJUSTMENTS.— Sec. 111. Target practice and marksmanship award was made. (1) EXCLUSION OF CONVEYED LAND.—On com- training. ‘‘(B) The name of each counsel of record pletion of the conveyance to the State of the Sec. 112. Findings; purpose. representing each party to whom the award land described in subsection (c)(2), the Sec. 113. Definition of public target range. was made. boundary of the Natchez Trace Parkway Sec. 114. Amendments to Pittman-Robertson ‘‘(C) The agency involved in the case. shall be adjusted to exclude the conveyed Wildlife Restoration Act. ‘‘(D) The name of each counsel of record land. Sec. 115. Sense of Congress regarding co- representing the agency involved in the case. (2) INCLUSION OF ADDITIONAL LAND.— operation. ‘‘(E) The name of each judge in the case, (A) IN GENERAL.—Effective on the date of Subtitle C—Fishing and the court in which the case was heard. enactment of this Act, the boundary of the ‘‘(F) The amount of the award. Natchez Trace Parkway is adjusted to in- Sec. 121. Modification of definition of toxic ‘‘(G) The names and hourly rates of each clude the approximately 10 acres of land that substance to exclude sport fish- expert witness for whose services the award is generally depicted as ‘‘Proposed Addition’’ ing equipment. was made. on the map. TITLE II—NATIONAL FISH HABITAT ‘‘(H) The basis for the finding that the po- (B) ADMINISTRATION.—The land added Subtitle A—National Fish Habitat sition of the agency concerned was not sub- under subparagraph (A) shall be adminis- Sec. 201. Definitions. stantially justified. tered by the Secretary as part of the Natchez Sec. 202. National Fish Habitat Board. ‘‘(8) The online searchable database de- Trace Parkway. Sec. 203. Fish habitat partnerships. scribed in paragraph (7) may not reveal any Sec. 204. Fish habitat conservation projects. information the disclosure of which is pro- SA 2873. Mr. COCHRAN submitted an Sec. 205. National Fish Habitat Conserva- hibited by law or court order, or the disclo- amendment intended to be proposed by tion Partnership Office. sure of which is contrary to the national se- him to the bill S. 3525, to protect and Sec. 206. Technical and scientific assistance. curity of the United States. ‘‘(9) The Attorney General of the United enhance opportunities for recreational Sec. 207. Conservation of aquatic habitat for States shall provide to the Chairman of the hunting, fishing, and shooting, and for fish and other aquatic orga- Administrative Conference of the United other purposes; which was ordered to nisms on Federal land. States in a timely manner all information lie on the table; as follows: Sec. 208. Coordination with States and In- dian tribes. necessary for the Chairman to carry out the At the end, add the following: Chairman’s responsibilities under this sub- Sec. 209. Accountability and reporting. SEC. lll. TRANSFER OF YELLOW CREEK PORT section.’’. Sec. 210. Regulations. PROPERTIES. Sec. 211. Effect of subtitle. (c) CLERICAL AMENDMENT.—Section 2412(e) In accordance with section 4(k) of the Ten- of title 28, United States Code, is amended by Sec. 212. Nonapplicability of Federal Advi- nessee Valley Authority Act of 1933 (16 striking ‘‘of section 2412 of title 28, United sory Committee Act. U.S.C. 831c(k)), Congress approves the con- States Code,’’ and inserting ‘‘of this sec- Sec. 213. Funding. veyance by the Tennessee Valley Authority, tion’’. Subtitle B—Duck Stamps on behalf of the United States, to the State of Mississippi of the Yellow Creek Port prop- Sec. 221. Findings. SA 2872. Mr. COCHRAN submitted an erties owned by the United States and in the Sec. 222. Cost of stamps. amendment intended to be proposed by custody of the Tennessee Valley Authority Sec. 223. Waivers. him to the bill S. 3525, to protect and at Iuka, Mississippi, as of the date of enact- Sec. 224. Permanent electronic duck stamps. enhance opportunities for recreational ment of this Act. Subtitle C—Joint Ventures to Protect hunting, fishing, and shooting, and for Migratory Bird Populations other purposes; which was ordered to SA 2872. Mr. KERRY (for himself, Ms. Sec. 231. Purposes. lie on the table; as follows: CANTWELL, Mrs. BOXER, Mr. BROWN of Sec. 232. Definitions. At the end, add the following: Massachusetts, Mr. BLUMENTHAL, Mr. Sec. 233. Joint Ventures Program. MENENDEZ, Mr. DURBIN, and Mr. LAU- Sec. 234. Administration. SEC. lll. NATCHEZ TRACE PARKWAY LAND Sec. 235. Grants and other assistance. CONVEYANCE. TENBERG) submitted an amendment in- Sec. 236. Reporting. (a) SHORT TITLE.—This section may be tended to be proposed by him to the Sec. 237. Relationship to other authorities. cited as the ‘‘Natchez Trace Parkway Land bill S. 3525, to protect and enhance op- Sec. 238. Federal Advisory Committee Act. Conveyance Act of 2012’’. portunities for recreational hunting, Subtitle D—Reauthorizations (b) DEFINITIONS.—In this section: fishing, and shooting, and for other (1) MAP.—The term ‘‘map’’ means the map Sec. 241. North American Wetlands Con- entitled ‘‘Natchez Trace Parkway, Proposed purposes; which was ordered to lie on servation Act. Boundary Change’’, numbered 604/105392, and the table; as follows: Sec. 242. Partners for Fish and Wildlife Act. dated November 2010. Strike section 102. Sec. 243. National Fish and Wildlife Founda- (2) SECRETARY.—The term ‘‘Secretary’’ tion reauthorization. means the Secretary of the Interior. SA 2875. Mr. REID (for Mr. TESTER) Sec. 244. Multinational Species Conserva- (3) STATE.—The term ‘‘State’’ means the proposed an amendment to the bill S. tion Funds Semipostal Stamp. State of Mississippi. 3525, to protect and enhance opportuni- Sec. 245. Multinational species conservation (c) LAND CONVEYANCE.— ties for recreational hunting, fishing, funds reauthorizations. (1) CONVEYANCE AUTHORITY.— Sec. 246. Neotropical Migratory Bird Con- and shooting, and for other purposes; (A) IN GENERAL.—Subject to subparagraph servation Act. (B), the Secretary shall convey to the State, as follows: Sec. 247. Federal Land Transaction Facilita- by quitclaim deed and without consider- Strike all after the enacting clause and in- tion Act. ation, all right, title, and interest of the sert the following: Sec. 248. Nutria eradication and control.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0655 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15129 TITLE I—HUNTING, FISHING, AND harvested by the person before May 15, 2008, U.S.C. 669 et seq.), provides Federal support RECREATIONAL SHOOTING from a polar bear population from which a for construction and expansion of public tar- Subtitle A—Hunting and Recreational sport-hunted trophy could be imported be- get ranges by making available to States Shooting fore that date in accordance with section amounts that may be used for construction, SEC. 101. MAKING PUBLIC LAND PUBLIC. 18.30(i) of title 50, Code of Federal Regula- operation, and maintenance of public target ranges; and (a) IN GENERAL.—Section 3 of the Land and tions. Water Conservation Fund Act of 1965 (16 ‘‘(ii) The Secretary shall issue permits (5) it is in the public interest to provide in- U.S.C. 460l–6) is amended— under clause (i)(I) without regard to subpara- creased Federal support to facilitate the con- struction or expansion of public target (1) by striking ‘‘SEC. 3. APPROPRIATIONS.— graphs (A) and (C)(ii) of this paragraph, sub- Moneys’’ and inserting the following: section (d)(3), and sections 101 and 102. Sec- ranges. (b) PURPOSE.—The purpose of this subtitle ‘‘SEC. 3. FUNDING. tions 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part au- is to facilitate the construction and expan- ‘‘(a) IN GENERAL.—Amounts’’; and sion of public target ranges, including ranges (2) by adding at the end the following: thorized by a permit issued under clause (i)(I). This clause shall not apply to polar on Federal land managed by the Forest Serv- ‘‘(b) PRIORITY LIST.— ice and the Bureau of Land Management. ‘‘(1) IN GENERAL.—Subject to the avail- bear parts that were imported before June 12, 1997. SEC. 113. DEFINITION OF PUBLIC TARGET ability of appropriations and notwith- RANGE. standing any other provision of this Act, the ‘‘(iii) The Secretary shall issue permits under clause (i)(II) without regard to sub- In this subtitle, the term ‘‘public target Secretary of the Interior and the Secretary range’’ means a specific location that— of Agriculture shall ensure that, of the paragraph (C)(ii) of this paragraph or sub- section (d)(3). Sections 101(a)(3)(B) and (1) is identified by a governmental agency amounts made available for the fund for each for recreational shooting; fiscal year, not less than 1.5 percent of the 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit (2) is open to the public; amounts shall be made available for projects (3) may be supervised; and identified on the priority list developed issued under clause (i)(II). This clause shall not apply to polar bear parts that were im- (4) may accommodate archery or rifle, pis- under paragraph (2). tol, or shotgun shooting. ‘‘(2) PRIORITY LIST.—The Secretary of the ported before the date of enactment of the Sportsmen’s Act of 2012.’’. SEC. 114. AMENDMENTS TO PITTMAN-ROBERT- Interior and the Secretary of Agriculture, in SON WILDLIFE RESTORATION ACT. SEC. 103. TRANSPORTING BOWS THROUGH NA- consultation with the head of each affected (a) DEFINITIONS.—Section 2 of the Pittman- TIONAL PARKS. Federal agency, shall annually develop a pri- Robertson Wildlife Restoration Act (16 (a) FINDINGS.—Congress finds that— ority list for the sites under the jurisdiction U.S.C. 669a) is amended— (1) bowhunters are known worldwide as of the applicable Secretary. (1) by redesignating paragraphs (2) through among the most skilled, ethical, and con- ‘‘(3) CRITERIA.—Projects identified on the (8) as paragraphs (3) through (9), respec- servation-minded of all hunters; priority list developed under paragraph (2) tively; and (2) bowhunting organizations at the Fed- shall secure recreational public access to (2) by inserting after paragraph (1) the fol- eral, State, and local level contribute signifi- Federal public land in existence as of the lowing: cant financial and human resources to wild- date of enactment of this subsection that has ‘‘(2) the term ‘public target range’ means a life conservation and youth education pro- significantly restricted access for hunting, specific location that— grams throughout the United States; and fishing, and other recreational purposes ‘‘(A) is identified by a governmental agen- (3) bowhunting contributes $38,000,000,000 through rights-of-way or acquisition of land cy for recreational shooting; each year to the economy of the United (or any interest in land) from willing sell- ‘‘(B) is open to the public; States. ers.’’. ‘‘(C) may be supervised; and (b) CONFORMING AMENDMENTS.— (b) POSSESSION OF BOWS IN UNITS OF NA- TIONAL PARK SYSTEM OR NATIONAL WILDLIFE ‘‘(D) may accommodate archery or rifle, (1) LAND AND WATER CONSERVATION FUND REFUGE SYSTEM.— pistol, or shotgun shooting;’’. ACT.—The Land and Water Conservation (b) EXPENDITURES FOR MANAGEMENT OF Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) is (1) IN GENERAL.—Subject to paragraph (2), the Secretary of the Interior shall permit in- WILDLIFE AREAS AND RESOURCES.—Section amended— 8(b) of the Pittman-Robertson Wildlife Res- dividuals carrying bows and crossbows to (A) in the proviso at the end of section toration Act (16 U.S.C. 669g(b)) is amended— traverse national park land if the traverse 2(c)(2) (16 U.S.C. 460l–5(c)(2)), by striking (1) by striking ‘‘(b) Each State’’ and insert- is— ‘‘notwithstanding the provisions of section 3 ing the following: (A) for the sole purpose of hunting on adja- of this Act’’; ‘‘(b) EXPENDITURES FOR MANAGEMENT OF cent public or private land; and (B) in the first sentence of section 9 (16 WILDLIFE AREAS AND RESOURCES.— (B) the most direct means of access to the U.S.C. 460l–10a), by striking ‘‘by section 3 of ‘‘(1) IN GENERAL.—Except as provided in this Act’’; and adjacent land. paragraph (2), each State’’; (C) in the third sentence of section 10 (16 (2) USE.—Nothing in this section author- (2) in paragraph (1) (as so designated), by U.S.C. 460l–10b), by striking ‘‘by section 3 of izes the use of the bows or crossbows that are striking ‘‘construction, operation,’’ and in- this Act’’. being carried while on national park land. serting ‘‘operation’’; (2) FEDERAL LAND TRANSACTION FACILITA- Subtitle B—Target Practice and (3) in the second sentence, by striking TION ACT.—Section 206(f)(2) of the Federal Marksmanship Training Support ‘‘The non-Federal share’’ and inserting the Land Transaction Facilitation Act (43 U.S.C. SEC. 111. TARGET PRACTICE AND MARKSMAN- following: 2305(f)(2)) is amended by striking ‘‘section 3 SHIP TRAINING. ‘‘(3) NON-FEDERAL SHARE.—The non-Federal of the Land and Water Conservation Fund This subtitle may be cited as the ‘‘Target share’’; Act (16 U.S.C. 460l–6)’’ and inserting ‘‘the Practice and Marksmanship Training Sup- (4) in the third sentence, by striking ‘‘The Land and Water Conservation Fund Act of port Act’’. Secretary’’ and inserting the following: 1965 (16 U.S.C. 460l–4 et seq.)’’. SEC. 112. FINDINGS; PURPOSE. ‘‘(4) REGULATIONS.—The Secretary’’; and SEC. 102. PERMITS FOR IMPORTATION OF POLAR (a) FINDINGS.—Congress finds that— (5) by inserting after paragraph (1) (as des- BEAR TROPHIES TAKEN IN SPORT (1) in recent years preceding the date of en- ignated by paragraph (1) of this subsection) HUNTS IN CANADA. actment of this Act, portions of Federal land the following: Section 104(c)(5) of the Marine Mammal have been closed to target practice and ‘‘(2) EXCEPTION.—Notwithstanding the lim- Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is marksmanship training for many reasons; itation described in paragraph (1), a State amended by striking subparagraph (D) and (2) the availability of public target ranges may use the funds apportioned to the State inserting the following: on non-Federal land has been declining for a under section 4(d) to pay up to 90 percent of ‘‘(D)(i) The Secretary of the Interior shall, variety of reasons, including continued popu- the cost of acquiring land for, expanding, or expeditiously after the expiration of the ap- lation growth and development near former constructing a public target range.’’. plicable 30-day period under subsection ranges; (c) FIREARM AND BOW HUNTER EDUCATION (d)(2), issue a permit for the importation of (3) providing opportunities for target prac- AND SAFETY PROGRAM GRANTS.—Section 10 of any polar bear part (other than an internal tice and marksmanship training at public the Pittman-Robertson Wildlife Restoration organ) from a polar bear taken in a sport target ranges on Federal and non-Federal Act (16 U.S.C. 669h–1) is amended— hunt in Canada to any person— land can help— (1) in subsection (a), by adding at the end ‘‘(I) who submits, with the permit applica- (A) to promote enjoyment of shooting, rec- the following: tion, proof that the polar bear was legally reational, and hunting activities; and ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— harvested by the person before February 18, (B) to ensure safe and convenient locations Of the amount apportioned to a State for 1997; or for those activities; any fiscal year under section 4(b), the State ‘‘(II) who has submitted, in support of a (4) Federal law in effect on the date of en- may elect to allocate not more than 10 per- permit application submitted before May 15, actment of this Act, including the Pittman- cent, to be combined with the amount appor- 2008, proof that the polar bear was legally Robertson Wildlife Restoration Act (16 tioned to the State under paragraph (1) for

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that fiscal year, for acquiring land for, ex- paragraphs (6) through (9) thereof) the sale of (A) IN GENERAL.—The term ‘‘fish habitat panding, or constructing a public target which is subject to the tax imposed by sec- conservation project’’ means a project that— range.’’; tion 4161(a) of such Code (determined with- (i) is submitted to the Board by a Partner- (2) by striking subsection (b) and inserting out regard to any exemptions from such tax ship and approved by the Secretary under the following: as provided by section 4162 or 4221 or any section 204; and ‘‘(b) COST SHARING.— other provision of such Code), and sport fish- (ii) provides for the conservation or man- ‘‘(1) IN GENERAL.—Except as provided in ing equipment components.’’. agement of an aquatic habitat. paragraph (2), the Federal share of the cost (b) RELATIONSHIP TO OTHER LAW.—Nothing (B) INCLUSIONS.—The term ‘‘fish habitat of any activity carried out using a grant in this section or any amendment made by conservation project’’ includes— under this section shall not exceed 75 percent this section affects or limits the application (i) the provision of technical assistance to of the total cost of the activity. of or obligation to comply with any other a State, Indian tribe, or local community by ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR Federal, State or local law. the National Fish Habitat Conservation EXPANSION.—The Federal share of the cost of TITLE II—NATIONAL FISH HABITAT Partnership Office or any other agency to fa- acquiring land for, expanding, or con- cilitate the development of strategies and structing a public target range in a State on Subtitle A—National Fish Habitat priorities for the conservation of aquatic Federal or non-Federal land pursuant to this SEC. 201. DEFINITIONS. habitats; or section or section 8(b) shall not exceed 90 In this subtitle: (ii) the obtaining of a real property inter- percent of the cost of the activity.’’; and (1) APPROPRIATE CONGRESSIONAL COMMIT- est in land or water, including water rights, (3) in subsection (c)(1)— TEES.—The term ‘‘appropriate congressional in accordance with terms and conditions (A) by striking ‘‘Amounts made’’ and in- committees’’ means— that ensure that the real property will be ad- serting the following: (A) the Committee on Commerce, Science, ministered for the long-term conservation ‘‘(A) IN GENERAL.—Except as provided in and Transportation and the Committee on of— subparagraph (B), amounts made’’; and Environment and Public Works of the Sen- (I) the land or water; and (B) by adding at the end the following: ate; and (II) the fish dependent on the land or ‘‘(B) EXCEPTION.—Amounts provided for ac- (B) the Committee on Natural Resources of water. quiring land for, constructing, or expanding the House of Representatives. (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ a public target range shall remain available (2) AQUATIC HABITAT.— has the meaning given the term in section 4 for expenditure and obligation during the 5- (A) IN GENERAL.—The term ‘‘aquatic habi- of the Indian Self-Determination and Edu- fiscal-year period beginning on October 1 of tat’’ means any area on which an aquatic or- cation Assistance Act (25 U.S.C. 450b). the first fiscal year for which the amounts ganism depends, directly or indirectly, to (10) NATIONAL FISH HABITAT ACTION PLAN.— are made available.’’. carry out the life processes of the organism, The term ‘‘National Fish Habitat Action (d) TECHNICAL AND CONFORMING AMEND- including an area used by the organism for Plan’’ means the National Fish Habitat Ac- MENTS TO THE PITTMAN-ROBERTSON WILDLIFE spawning, incubation, nursery, rearing, tion Plan dated April 24, 2006, and any subse- RESTORATION ACT.— growth to maturity, food supply, or migra- quent revisions or amendments to that plan. (1) TECHNICAL AMENDMENTS.—Section 4 of tion. (11) PARTNERSHIP.—The term ‘‘Partner- the Pittman-Robertson Wildlife Restoration (B) INCLUSIONS.—The term ‘‘aquatic habi- ship’’ means an entity designated by the Act (16 U.S.C. 669c) is amended— tat’’ includes an area adjacent to an aquatic Board as a Fish Habitat Conservation Part- (A) by redesignating subsection (d) as sub- environment, if the adjacent area— nership pursuant to section 203(a). section (e); and (i) contributes an element, such as the (12) REAL PROPERTY INTEREST.—The term (B) by striking ‘‘(c) APPORTIONMENT’’ and input of detrital material or the promotion ‘‘real property interest’’ means an ownership inserting ‘‘(d) APPORTIONMENT’’. of a planktonic or insect population pro- interest in— (2) CONFORMING AMENDMENTS.— viding food, that makes fish life possible; (A) land; (A) DEFINITIONS.—Section 2(6) of the Pitt- (ii) protects the quality and quantity of (B) water (including water rights); or man-Robertson Wildlife Restoration Act (16 water sources; (C) a building or object that is perma- U.S.C. 669a(6)) is amended by striking ‘‘sec- (iii) provides public access for the use of nently affixed to land. tion 4(d)’’ and inserting ‘‘section 4(e)’’. fishery resources; or (13) SECRETARY.—The term ‘‘Secretary’’ (B) AUTHORIZATION OF APPROPRIATIONS.— (iv) serves as a buffer protecting the aquat- means the Secretary of the Interior. Section 3(c)(2) of the Pittman-Robertson ic environment. (14) STATE AGENCY.—The term ‘‘State agen- Wildlife Restoration Act (16 U.S.C. 669b(c)(2)) (3) ASSISTANT ADMINISTRATOR.—The term cy’’ means— is amended by striking ‘‘sections 4(d) and ‘‘Assistant Administrator’’ means the As- (A) the fish and wildlife agency of a State; (e)’’ and inserting ‘‘section 4(e)’’. sistant Administrator for Fisheries of the (B) any department or division of a depart- SEC. 115. SENSE OF CONGRESS REGARDING CO- National Oceanic and Atmospheric Adminis- ment or agency of a State that manages in OPERATION. tration. the public trust the inland or marine fishery It is the sense of Congress that, consistent (4) BOARD.—The term ‘‘Board’’ means the resources or the habitat for those fishery re- with applicable laws (including regulations), National Fish Habitat Board established by sources of the State pursuant to State law or the Chief of the Forest Service and the Di- section 202(a)(1). the constitution of the State; or rector of the Bureau of Land Management (5) CONSERVATION; CONSERVE; MANAGE; MAN- (C) the fish and wildlife agency of the Com- should cooperate with State and local au- AGEMENT.—The terms ‘‘conservation’’, ‘‘con- monwealth of Puerto Rico, Guam, the Virgin thorities and other entities to implement serve’’, ‘‘manage’’, and ‘‘management’’ mean Islands, or any other territory or possession best practices for waste management and re- to protect, sustain, and, where appropriate, of the United States. moval and carry out other related activities restore and enhance, using methods and pro- SEC. 202. NATIONAL FISH HABITAT BOARD. on any Federal land used as a public target cedures associated with modern scientific re- (a) ESTABLISHMENT.— range to encourage continued use of that source programs (including protection, re- (1) IN GENERAL.—There is established a land for target practice or marksmanship search, census, law enforcement, habitat board, to be known as the ‘‘National Fish training. management, propagation, live trapping and Habitat Board’’— Subtitle C—Fishing transplantation, and regulated taking)— (A) to promote, oversee, and coordinate the SEC. 121. MODIFICATION OF DEFINITION OF (A) a healthy population of fish, wildlife, implementation of this subtitle and the Na- TOXIC SUBSTANCE TO EXCLUDE or plant life; tional Fish Habitat Action Plan; SPORT FISHING EQUIPMENT. (B) a habitat required to sustain fish, wild- (B) to establish national goals and prior- (a) IN GENERAL.—Section 3(2)(B) of the life, or plant life; or ities for aquatic habitat conservation; Toxic Substances Control Act (15 U.S.C. (C) a habitat required to sustain fish, wild- (C) to designate Partnerships; and 2602(2)(B)) is amended— life, or plant life productivity. (D) to review and make recommendations (1) in clause (v), by striking ‘‘, and’’ and in- (6) DIRECTOR.—The term ‘‘Director’’ means regarding fish habitat conservation projects. serting ‘‘, or any component of any such arti- the Director of the United States Fish and (2) MEMBERSHIP.—The Board shall be com- cle when included in the article including, Wildlife Service. posed of 27 members, of whom— without limitation, shot, bullets and other (7) FISH.— (A) 1 shall be the Director; projectiles, propellants, and primers,’’; (A) IN GENERAL.—The term ‘‘fish’’ means (B) 1 shall be the Assistant Administrator; (2) in clause (vi) by striking the period at any freshwater, diadromous, estuarine, or (C) 1 shall be the Chief of the Natural Re- the end and inserting ‘‘, and’’; and marine finfish or shellfish. sources Conservation Service; (3) by inserting after clause (vi) the fol- (B) INCLUSIONS.—The term ‘‘fish’’ includes (D) 1 shall be the Chief of the Forest Serv- lowing: the egg, spawn, spat, larval, and other juve- ice; ‘‘(vii) any sport fishing equipment (as such nile stages of an organism described in sub- (E) 1 shall be the Assistant Administrator term is defined in section 4162(a) of the Inter- paragraph (A). for Water of the Environmental Protection nal Revenue Code of 1986, without regard to (8) FISH HABITAT CONSERVATION PROJECT.— Agency;

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15131 (F) 1 shall be the President of the Associa- tion Plan a recommendation of not less than (3) to recommend to the Board fish habitat tion of Fish and Wildlife Agencies; 4 tribal representatives, from which that conservation projects that address a stra- (G) 1 shall be the Secretary of the Board of board shall appoint 2 representatives pursu- tegic priority of the Board; and Directors of the National Fish and Wildlife ant to subparagraph (J) of subsection (a)(2). (4) to develop and carry out fish habitat Foundation appointed pursuant to section (3) TRANSITIONAL TERMS.—Of the members conservation projects. 3(g)(2)(B) of the National Fish and Wildlife described in subsection (a)(2)(N) initially ap- (c) APPLICATIONS.—An entity seeking to be Foundation Establishment Act (16 U.S.C. pointed to the Board— designated as a Partnership shall submit to 3702(g)(2)(B)); (A) 4 shall be appointed for a term of 1 the Board an application at such time, in (H) 4 shall be representatives of State year; such manner, and containing such informa- agencies, 1 of whom shall be nominated by a (B) 4 shall be appointed for a term of 2 tion as the Board may reasonably require. regional association of fish and wildlife years; and (d) APPROVAL.—The Board may approve an agencies from each of the Northeast, South- (C) 3 shall be appointed for a term of 3 application for a Partnership submitted east, Midwest, and Western regions of the years. under subsection (c) if the Board determines United States; (4) VACANCIES.— that the applicant— (I) 1 shall be a representative of the Amer- (A) IN GENERAL.—A vacancy of a member of (1) includes representatives of a diverse ican Fisheries Society; the Board described in any of subparagraphs group of public and private partners, includ- (J) 2 shall be representatives of Indian (H) through (I) or (K) through (N) of sub- ing Federal, State, or local governments, tribes, of whom— section (a)(2) shall be filled by an appoint- nonprofit entities, Indian tribes, and private (i) 1 shall represent Indian tribes from the ment made by the remaining members of the individuals, that are focused on conservation State of Alaska; and Board. of aquatic habitats to achieve results across (ii) 1 shall represent Indian tribes from the (B) TRIBAL REPRESENTATIVES.—Following a jurisdictional boundaries on public and pri- other States; vacancy of a member of the Board described vate land; (K) 1 shall be a representative of the Re- in subparagraph (J) of subsection (a)(2), the (2) is organized to promote the health of gional Fishery Management Councils estab- Secretary shall recommend to the Board not important aquatic habitats and distinct geo- lished under section 302 of the Magnuson- less than 4 tribal representatives, from graphical areas, keystone fish species, or Stevens Fishery Conservation and Manage- which the remaining members of the Board system types, including reservoirs, natural ment Act (16 U.S.C. 1852); shall appoint a representative to fill the va- lakes, coastal and marine environments, and (L) 1 shall be a representative of the Ma- cancy. estuaries; rine Fisheries Commissions, which is com- (5) CONTINUATION OF SERVICE.—An indi- (3) identifies strategic fish and aquatic posed of— vidual whose term of service as a member of habitat priorities for the Partnership area in (i) the Atlantic States Marine Fisheries the Board expires may continue to serve on the form of geographical focus areas or key Commission; the Board until a successor is appointed. stressors or impairments to facilitate stra- (ii) the Gulf States Marine Fisheries Com- (6) REMOVAL.—If a member of the Board de- tegic planning and decisionmaking; mission; and scribed in any of subparagraphs (H) through (4) is able to address issues and priorities (iii) the Pacific States Marine Fisheries (N) of subsection (a)(2) misses 3 consecutive on a nationally significant scale; regularly scheduled Board meetings, the Commission; (5) includes a governance structure that— members of the Board may— (M) 1 shall be a representative of the (A) reflects the range of all partners; and (A) vote to remove that member; and Sportfishing and Boating Partnership Coun- (B) promotes joint strategic planning and (B) appoint another individual in accord- cil; and decisionmaking by the applicant; ance with paragraph (4). (N) 10 shall be representatives selected (6) demonstrates completion of, or signifi- (c) CHAIRPERSON.— from each of the following groups: cant progress toward the development of, a (1) IN GENERAL.—The Board shall elect a (i) The recreational sportfishing industry. member of the Board to serve as Chairperson strategic plan to address the causes of sys- (ii) The commercial fishing industry. of the Board. tem decline in fish populations, rather than simply treating symptoms in accordance (iii) Marine recreational anglers. (2) TERM.—The Chairperson of the Board (iv) Freshwater recreational anglers. shall serve for a term of 3 years. with the National Fish Habitat Action Plan; (v) Terrestrial resource conservation orga- (d) MEETINGS.— and nizations. (1) IN GENERAL.—The Board shall meet— (7) ensures collaboration in developing a (vi) Aquatic resource conservation organi- (A) at the call of the Chairperson; but strategic vision and implementation pro- zations. (B) not less frequently than twice each cal- gram that is scientifically sound and achiev- (vii) The livestock and poultry production endar year. able. industry. (2) PUBLIC ACCESS.—All meetings of the SEC. 204. FISH HABITAT CONSERVATION (viii) The land development industry. Board shall be open to the public. PROJECTS. (ix) The row crop industry. (e) PROCEDURES.— (a) SUBMISSION TO BOARD.—Not later than (x) Natural resource commodity interests, (1) IN GENERAL.—The Board shall establish March 31 of each calendar year, each Part- such as petroleum or mineral extraction. procedures to carry out the business of the nership shall submit to the Board a list of (3) COMPENSATION.—A member of the Board Board, including— fish habitat conservation projects rec- shall serve without compensation. (A) a requirement that a quorum of the ommended by the Partnership for annual (4) TRAVEL EXPENSES.—A member of the members of the Board be present to transact funding under this subtitle. Board shall be allowed travel expenses, in- business; (b) RECOMMENDATIONS BY BOARD.—Not cluding per diem in lieu of subsistence, at (B) a requirement that no recommenda- later than July 1 of each calendar year, the rates authorized for an employee of an agen- tions may be adopted by the Board, except Board shall submit to the Secretary a de- cy under subchapter I of chapter 57 of title 5, by the vote of 2⁄3 of all members present and scription, including estimated costs, of each United States Code, while away from the voting; fish habitat conservation project that the home or regular place of business of the (C) procedures for establishing national Board recommends that the Secretary ap- member in the performance of the duties of goals and priorities for aquatic habitat con- prove and fund under this subtitle, in order the Board. servation for the purposes of this subtitle; of priority, for the following fiscal year. (b) APPOINTMENT AND TERMS.— (D) procedures for designating Partner- (c) CONSIDERATIONS.—The Board shall se- (1) IN GENERAL.—Except as otherwise pro- ships under section 203; and lect each fish habitat conservation project to vided in this subsection, a member of the (E) procedures for reviewing, evaluating, be recommended to the Secretary under sub- Board described in any of subparagraphs (H) and making recommendations regarding fish section (b)— through (N) of subsection (a)(2) shall serve habitat conservation projects. (1) based on a recommendation of the Part- for a term of 3 years. (2) QUORUM.—A majority of the members of nership that is, or will be, participating ac- (2) INITIAL BOARD MEMBERSHIP.— the Board shall constitute a quorum. tively in carrying out the fish habitat con- (A) IN GENERAL.—Not later than 180 days SEC. 203. FISH HABITAT PARTNERSHIPS. servation project; and after the date of enactment of this Act, the (a) AUTHORITY TO DESIGNATE.—The Board (2) after taking into consideration— representatives of the board established by may designate Fish Habitat Partnerships in (A) the extent to which the fish habitat the National Fish Habitat Action Plan shall accordance with this section. conservation project fulfills a purpose of this appoint the initial members of the Board de- (b) PURPOSES.—The purposes of a Partner- subtitle or a goal of the National Fish Habi- scribed in subparagraphs (H) through (I) and ship shall be— tat Action Plan; (K) through (N) of subsection (a)(2). (1) to coordinate the implementation of (B) the extent to which the fish habitat (B) TRIBAL REPRESENTATIVES.—Not later the National Fish Habitat Action Plan at a conservation project addresses the national than 180 days after the enactment of this regional level; priorities established by the Board; Act, the Secretary shall provide to the board (2) to identify strategic priorities for fish (C) the availability of sufficient non-Fed- established by the National Fish Habitat Ac- habitat conservation; eral funds to match Federal contributions

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15132 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 for the fish habitat conservation project, as sistance under this subtitle unless at least 50 (3) assist the Secretary and the Board in required by subsection (e); percent of the cost of the fish habitat con- carrying out this subtitle; (D) the extent to which the fish habitat servation project will be funded with non- (4) assist the Secretary in carrying out the conservation project— Federal funds. requirements of sections 206 and 208; (i) increases fishing opportunities for the (2) PROJECTS ON FEDERAL LAND OR WATER.— (5) facilitate communication, cohesiveness, public; Notwithstanding paragraph (1), Federal and efficient operations for the benefit of (ii) will be carried out through a coopera- funds may be used for payment of 100 percent Partnerships and the Board; tive agreement among Federal, State, and of the costs of a fish habitat conservation (6) facilitate, with assistance from the Di- local governments, Indian tribes, and private project located on Federal land or water. rector, the Assistant Administrator, and the entities; (3) NON-FEDERAL SHARE.—The non-Federal President of the Association of Fish and (iii) increases public access to land or share of the cost of a fish habitat conserva- Wildlife Agencies, the consideration of fish water; tion project— habitat conservation projects by the Board; (iv) advances the conservation of fish and (A) may not be derived from a Federal (7) provide support to the Director regard- wildlife species that are listed, or are can- grant program; but ing the development and implementation of didates to be listed, as threatened species or (B) may include in-kind contributions and the interagency operational plan under sub- endangered species under the Endangered cash. section (c); Species Act of 1973 (16 U.S.C. 1531 et seq.); (4) SPECIAL RULE FOR INDIAN TRIBES.—Not- (8) coordinate technical and scientific re- (v) where appropriate, advances the con- withstanding paragraph (1) or any other pro- porting as required by section 209; servation of fish and fish habitats under the vision of law, any funds made available to an (9) facilitate the efficient use of resources Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) Indian tribe pursuant to this subtitle may be and activities of Federal departments and and other relevant Federal law and State considered to be non-Federal funds for the agencies to carry out this subtitle in an effi- wildlife action plans; and purpose of paragraph (1). cient manner; and (vi) promotes resilience such that desired (f) APPROVAL.— (10) provide support to the Board for na- biological communities are able to persist (1) IN GENERAL.—Not later than 180 days tional communication and outreach efforts and adapt to environmental stressors such as after the date of receipt of the recommenda- that promote public awareness of fish habi- climate change; and tions of the Board for fish habitat conserva- tat conservation. (E) the substantiality of the character and tion projects under subsection (b), and based, to the maximum extent practicable, on the (c) INTERAGENCY OPERATIONAL PLAN.—Not design of the fish habitat conservation later than 1 year after the date of enactment project. criteria described in subsection (c)— (A) the Secretary shall approve, reject, or of this Act, and every 5 years thereafter, the (d) LIMITATIONS.— reorder the priority of any fish habitat con- Director, in cooperation with the Assistant (1) REQUIREMENTS FOR EVALUATION.—No servation project recommended by the Board Administrator and the heads of other appro- fish habitat conservation project may be rec- that is not within a marine or estuarine priate Federal departments and agencies, ommended by the Board under subsection (b) habitat; and shall develop an interagency operational or provided financial assistance under this (B) the Secretary and the Secretary of plan for the National Fish Habitat Conserva- subtitle unless the fish habitat conservation Commerce shall jointly approve, reject, or tion Partnership Office that describes— project includes an evaluation plan de- reorder the priority of any fish habitat con- (1) the functional, operational, technical, signed— servation project recommended by the Board scientific, and general staff, administrative, (A) to appropriately assess the biological, that is within a marine or estuarine habitat. and material needs of the Office; and ecological, or other results of the habitat (2) FUNDING.—If the Secretary, or the Sec- (2) any interagency agreements between or protection, restoration, or enhancement ac- retary and the Secretary of Commerce joint- among Federal departments and agencies to tivities carried out using the assistance; ly, approves a fish habitat conservation address those needs. (B) to reflect appropriate changes to the project under paragraph (1), the Secretary, (d) STAFF AND SUPPORT.— fish habitat conservation project if the as- or the Secretary and the Secretary of Com- (1) DEPARTMENTS OF INTERIOR AND COM- sessment substantiates that the fish habitat merce jointly, shall use amounts made avail- MERCE.—The Director and the Assistant Ad- conservation project objectives are not being able to carry out this subtitle to provide ministrator shall each provide appropriate met; and funds to carry out the fish habitat conserva- staff to support the National Fish Habitat (C) to require the submission to the Board tion project. Conservation Partnership Office, subject to of a report describing the findings of the as- (3) NOTIFICATION.—If the Secretary, or the the availability of funds under section 213. sessment. Secretary and the Secretary of Commerce (2) STATES AND INDIAN TRIBES.—Each State (2) ACQUISITION OF REAL PROPERTY INTER- jointly, rejects or reorders the priority of and Indian tribe is encouraged to provide ESTS.— any fish habitat conservation project rec- staff to support the National Fish Habitat (A) IN GENERAL.—No fish habitat conserva- ommended by the Board under subsection Conservation Partnership Office. tion project that will result in the acquisi- (b), the Secretary, or the Secretary and the (3) DETAILEES AND CONTRACTORS.—The Na- tion by the State, local government, or other Secretary of Commerce jointly, shall provide tional Fish Habitat Conservation Partner- non-Federal entity, in whole or in part, of to the Board and the appropriate Partner- ship Office may accept staff or other admin- any real property interest may be rec- ship a written statement of the reasons that istrative support from other entities— ommended by the Board under subsection (b) the Secretary, or the Secretary and the Sec- (A) through interagency details; or or provided financial assistance under this retary of Commerce jointly, rejected or (B) as contractors. subtitle unless the project meets the require- modified the priority of the fish habitat con- (4) QUALIFICATIONS.—The staff of the Na- ments of subparagraph (B). servation project. tional Fish Habitat Conservation Partner- (B) REQUIREMENTS.— (4) LIMITATION.—If the Secretary, or the ship Office shall include members with edu- (i) IN GENERAL.—A real property interest Secretary and the Secretary of Commerce cation and experience relating to the prin- may not be acquired pursuant to a fish habi- jointly, has not approved, rejected, or reor- ciples of fish, wildlife, and aquatic habitat tat conservation project by a State, public dered the priority of the recommendations of conservation. agency, or other non-Federal entity unless the Board for fish habitat conservation (5) WAIVER OF REQUIREMENT.—The Sec- the State, agency, or other non-Federal enti- projects by the date that is 180 days after the retary may waive all or part of the non-Fed- ty is obligated to undertake the manage- date of receipt of the recommendations, the eral contribution requirement under section ment of the property being acquired in ac- recommendations shall be considered to be 204(e)(1) if the Secretary determines that— cordance with the purposes of this subtitle. approved. (A) no reasonable means are available DDITIONAL CONDITIONS (ii) A .—Any real SEC. 205. NATIONAL FISH HABITAT CONSERVA- through which the affected applicant can property interest acquired by a State, local TION PARTNERSHIP OFFICE. meet the requirement; and government, or other non-Federal entity (a) ESTABLISHMENT.—Not later than 1 year (B) the probable benefit of the relevant fish pursuant to a fish habitat conservation after the date of enactment of this Act, the habitat conservation project outweighs the project shall be subject to terms and condi- Director shall establish an office, to be public interest in meeting the requirement. tions that ensure that the interest will be known as the ‘‘National Fish Habitat Con- (e) REPORTS.—Not less frequently than administered for the long-term conservation servation Partnership Office’’, within the once each year, the Director shall provide to and management of the aquatic ecosystem United States Fish and Wildlife Service. the Board a report describing the activities and the fish and wildlife dependent on that (b) FUNCTIONS.—The National Fish Habitat of the National Fish Habitat Conservation ecosystem. Conservation Partnership Office shall— Partnership Office. (e) NON-FEDERAL CONTRIBUTIONS.— (1) provide funding to support the detail of (1) IN GENERAL.—Except as provided in State and tribal fish and wildlife staff to the SEC. 206. TECHNICAL AND SCIENTIFIC ASSIST- paragraph (2), no fish habitat conservation Office; ANCE. project may be recommended by the Board (2) facilitate the cooperative development (a) IN GENERAL.—The Director, the Assist- under subsection (b) or provided financial as- and approval of Partnerships; ant Administrator, and the Director of the

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15133 United States Geological Survey, in coordi- (D) an assessment of the status of fish fects the authorities, responsibilities, obliga- nation with the Forest Service and other ap- habitat conservation projects carried out tions, or powers of the Secretary to acquire propriate Federal departments and agencies, with funds provided under this subtitle dur- land, water, or an interest in land or water shall provide scientific and technical assist- ing that period, disaggregated by year, in- under any other provision of law. ance to the Partnerships, participants in fish cluding— (2) PRIVATE PROPERTY PROTECTION.—Noth- habitat conservation projects, and the (i) a description of the fish habitat con- ing in this subtitle permits the use of funds Board. servation projects recommended by the made available to carry out this subtitle to (b) INCLUSIONS.—Scientific and technical Board under section 204(b); acquire real property or a real property in- assistance provided pursuant to subsection (ii) a description of each fish habitat con- terest without the written consent of each (a) may include— servation project approved by the Secretary owner of the real property or real property (1) providing technical and scientific as- under section 204(f), in order of priority for interest. sistance to States, Indian tribes, regions, funding; (3) MITIGATION.—Nothing in this subtitle local communities, and nongovernmental or- (iii) a justification for— permits the use of funds made available to ganizations in the development and imple- (I) the approval of each fish habitat con- carry out this subtitle for fish and wildlife mentation of Partnerships; servation project; and mitigation purposes under— (2) providing technical and scientific as- (II) the order of priority for funding of each (A) the Federal Water Pollution Control sistance to Partnerships for habitat assess- fish habitat conservation project; Act (33 U.S.C. 1251 et seq.); ment, strategic planning, and prioritization; (iv) a justification for any rejection or re- (B) the Fish and Wildlife Coordination Act (3) supporting the development and imple- ordering of the priority of each fish habitat (16 U.S.C. 661 et seq.); mentation of fish habitat conservation conservation project recommended by the (C) the Water Resources Development Act projects that are identified as high priorities Board under section 204(b) that was based on of 1986 (Public Law 99–662; 100 Stat. 4082); or by Partnerships and the Board; a factor other than the criteria described in (D) any other Federal law or court settle- (4) supporting and providing recommenda- section 204(c); and ment. tions regarding the development of science- (v) an accounting of expenditures by Fed- SEC. 212. NONAPPLICABILITY OF FEDERAL ADVI- based monitoring and assessment approaches eral, State, or local governments, Indian SORY COMMITTEE ACT. for implementation through Partnerships; tribes, or other entities to carry out fish The Federal Advisory Committee Act (5 (5) supporting and providing recommenda- habitat conservation projects. U.S.C. App.) shall not apply to— tions for a national fish habitat assessment; (b) STATUS AND TRENDS REPORT.—Not later (1) the Board; or and than December 31, 2012, and every 5 years (2) any Partnership. (6) ensuring the availability of experts to thereafter, the Board shall submit to the ap- SEC. 213. FUNDING. conduct scientifically based evaluation and propriate congressional committees a report (a) AUTHORIZATION OF APPROPRIATIONS.— reporting of the results of fish habitat con- describing the status of aquatic habitats in (1) FISH HABITAT CONSERVATION PROJECTS.— servation projects. the United States. There is authorized to be appropriated to the SEC. 207. CONSERVATION OF AQUATIC HABITAT (c) REVISIONS.—Not later than December Secretary $7,200,000 for each of fiscal years FOR FISH AND OTHER AQUATIC OR- 31, 2013, and every 5 years thereafter, the 2012 through 2016 to provide funds for— GANISMS ON FEDERAL LAND. Board shall revise the goals and other ele- (A) fish habitat conservation projects ap- To the extent consistent with the mission ments of the National Fish Habitat Action and authority of the applicable department proved under section 204(f), of which 5 per- Plan, after consideration of each report re- cent shall be made available for each fiscal or agency, the head of each Federal depart- quired by subsection (b). ment and agency responsible for acquiring, year for projects carried out by Indian SEC. 210. REGULATIONS. tribes; and managing, or disposing of Federal land or The Secretary may promulgate such regu- water shall cooperate with the Assistant Ad- (B) the operational needs of the Partner- lations as the Secretary determines to be ships, including funding for activities such ministrator and the Director to conserve the necessary to carry out this subtitle. as planning, project development and imple- aquatic habitats for fish and other aquatic SEC. 211. EFFECT OF SUBTITLE. organisms within the land and water of the mentation, coordination, monitoring, eval- (a) WATER RIGHTS.—Nothing in this sub- uation, communication, and outreach. department or agency. title— (2) NATIONAL FISH HABITAT CONSERVATION SEC. 208. COORDINATION WITH STATES AND IN- (1) establishes any express or implied re- PARTNERSHIP OFFICE.— DIAN TRIBES. served water right in the United States for The Secretary shall provide a notice to, (A) IN GENERAL.—There is authorized to be any purpose; and coordinate with, the appropriate State appropriated to the Secretary for each of fis- (2) affects any water right in existence on agency or tribal agency, as applicable, of cal years 2012 through 2016 for the National the date of enactment of this Act; each State and Indian tribe within the Fish Habitat Conservation Partnership Of- (3) preempts or affects any State water law boundaries of which an activity is planned to fice, and to carry out section 209, an amount be carried out pursuant to this subtitle by or interstate compact governing water; or equal to 5 percent of the amount appro- not later than 30 days before the date on (4) affects any Federal or State law in ex- priated for the applicable fiscal year pursu- which the activity is implemented. istence on the date of enactment of the Act ant to paragraph (1). regarding water quality or water quantity. SEC. 209. ACCOUNTABILITY AND REPORTING. (B) REQUIRED TRANSFERS.—The Secretary (b) STATE AUTHORITY.—Nothing in this sub- (a) IMPLEMENTATION REPORTS.— shall annually transfer to other Federal de- title— (1) IN GENERAL.—Not later than 2 years partments and agencies such percentage of (1) affects the authority, jurisdiction, or after the date of enactment of this Act, and the amounts made available pursuant to sub- responsibility of a State to manage, control, every 2 years thereafter, the Board shall sub- paragraph (A) as is required to support par- or regulate fish and wildlife under the laws mit to the appropriate congressional com- ticipation by those departments and agen- and regulations of the State; or mittees a report describing the implementa- cies in the National Fish Habitat Conserva- (2) authorizes the Secretary to control or tion of— tion Partnership Office pursuant to the regulate within a State the fishing or hunt- (A) this subtitle; and interagency operational plan under section ing of fish and wildlife. (B) the National Fish Habitat Action Plan. (c) EFFECT ON INDIAN TRIBES.—Nothing in 205(c). (2) CONTENTS.—Each report submitted this subtitle abrogates, abridges, affects, (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— under paragraph (1) shall include— modifies, supersedes, or alters any right of There are authorized to be appropriated for (A) an estimate of the number of acres, an Indian tribe recognized by treaty or any each of fiscal years 2012 through 2016 to carry stream miles, or acre-feet (or other suitable other means, including— out, and provide technical and scientific as- measure) of aquatic habitat that was pro- (1) an agreement between the Indian tribe sistance under, section 206— tected, restored, or enhanced under the Na- and the United States; (A) $500,000 to the Secretary for use by the tional Fish Habitat Action Plan by Federal, (2) Federal law (including regulations); United States Fish and Wildlife Service; State, or local governments, Indian tribes, or (3) an Executive order; or (B) $500,000 to the Assistant Administrator other entities in the United States during (4) a judicial decree. for use by the National Oceanic and Atmos- the 2-year period ending on the date of sub- (d) ADJUDICATION OF WATER RIGHTS.—Noth- pheric Administration; and mission of the report; ing in this subtitle diminishes or affects the (C) $500,000 to the Secretary for use by the (B) a description of the public access to ability of the Secretary to join an adjudica- United States Geological Survey. aquatic habitats protected, restored, or es- tion of rights to the use of water pursuant to (4) PLANNING AND ADMINISTRATIVE EX- tablished under the National Fish Habitat subsection (a), (b), or (c) of section 208 of the PENSES.—There is authorized to be appro- Action Plan during that 2-year period; Department of Justice Appropriation Act, priated to the Secretary for each of fiscal (C) a description of the opportunities for 1953 (43 U.S.C. 666). years 2012 through 2016 for use by the Board, public fishing established under the National (e) EFFECT ON OTHER AUTHORITIES.— the Director, and the Assistant Adminis- Fish Habitat Action Plan during that period; (1) ACQUISITION OF LAND AND WATER.—Noth- trator for planning and administrative ex- and ing in this subtitle alters or otherwise af- penses an amount equal to 4 percent of the

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15134 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 amount appropriated for the applicable fiscal tripled from an average of $306 to $1,091 per (A) is a unique identifier for the individual year pursuant to paragraph (1). acre. to whom it is issued; (b) AGREEMENTS AND GRANTS.—The Sec- SEC. 222. COST OF STAMPS. (B) can be printed on paper or produced retary may— Section 2 of the Migratory Bird Hunting through an electronic application with the (1) on the recommendation of the Board, and Conservation Stamp Act (16 U.S.C. 718b) same indicators as the State endorsement and notwithstanding sections 6304 and 6305 of is amended by striking subsection (b) and in- provides; title 31, United States Code, and the Federal serting the following: (C) is issued through a State automated li- Financial Assistance Management Improve- ‘‘(b) COST OF STAMPS.— censing system that is authorized, under ment Act of 1999 (31 U.S.C. 6101 note; Public ‘‘(1) IN GENERAL.—For the 3-calendar-year State law and by the Secretary under this Law 106–107), enter into a grant agreement, period beginning with calendar year 2013, and section, to issue electronic stamps; cooperative agreement, or contract with a for each 3-calendar-year period thereafter, (D) is compatible with the hunting licens- Partnership or other entity for a fish habitat the Secretary, in consultation with the Mi- ing system of the State that issues the elec- conservation project or restoration or en- gratory Bird Conservation Commission, shall tronic stamp; and hancement project; establish the amount to be collected under (E) is described in the State application (2) apply for, accept, and use a grant from paragraph (2) for each stamp sold under this approved by the Secretary under subsection any individual or entity to carry out the section. (c). purposes of this subtitle; and ‘‘(2) COLLECTION OF AMOUNTS.—The United (4) SECRETARY.—The term ‘‘Secretary’’ (3) make funds available to any Federal de- States Postal Service, the Department of the means the Secretary of the Interior. partment or agency for use by that depart- Interior, or any other agent approved by the (b) AUTHORITY TO ISSUE ELECTRONIC DUCK ment or agency to provide grants for any Department of the Interior shall collect the STAMPS.— fish habitat protection project, restoration amount established under paragraph (1) for (1) IN GENERAL.—The Secretary may au- thorize any State to issue electronic stamps project, or enhancement project that the each stamp sold under this section for a in accordance with this section. Secretary determines to be consistent with hunting year if the Secretary determines, at (2) CONSULTATION.—The Secretary shall im- this subtitle. any time before February 1 of the calendar year during which the hunting year begins, plement this subsection in consultation with (c) DONATIONS.— that all amounts described in paragraph (3) State management agencies. (1) IN GENERAL.—The Secretary may— have been obligated for expenditure. (c) STATE APPLICATION.— (A) enter into an agreement with any orga- ‘‘(3) AMOUNTS.—The amounts described in (1) APPROVAL OF APPLICATION REQUIRED.— nization described in section 501(c)(3) of the this paragraph are amounts in the Migratory The Secretary may not authorize a State to Internal Revenue Code of 1986 that is exempt Bird Conservation Fund that are available issue electronic stamps under this section from taxation under section 501(a) of that for obligation and attributable to— unless the Secretary has received and ap- Code to solicit private donations to carry ‘‘(A) amounts appropriated pursuant to proved an application submitted by the out the purposes of this subtitle; and this Act for the fiscal year ending in the im- State in accordance with this subsection. (B) accept donations of funds, property, mediately preceding calendar year; and (2) NUMBER OF NEW STATES.—The Secretary and services to carry out the purposes of this ‘‘(B) the sale of stamps under this section may determine the number of new States per subtitle. during that fiscal year.’’. year to participate in the electronic stamp (2) TREATMENT.—A donation accepted SEC. 223. WAIVERS. program. under this section— Section 1(a) of the Migratory Bird Hunting (3) CONTENTS OF APPLICATION.—The Sec- (A) shall be considered to be a gift or be- and Conservation Stamp Act (16 U.S.C. retary may not approve a State application quest to, or otherwise for the use of, the 718a(a)) is amended— unless the application contains— United States; and (1) in paragraph (1), by inserting ‘‘and sub- (A) a description of the format of the elec- (B) may be— section (d)’’ after ‘‘paragraph (2)’’; and tronic stamp that the State will issue under (i) used directly by the Secretary; or (2) by adding at the end the following: this section, including identifying features (ii) provided to another Federal depart- ‘‘(d) WAIVERS.— of the licensee that will be specified on the ment or agency through an interagency ‘‘(1) IN GENERAL.—The Secretary, in con- stamp; agreement. sultation with the Migratory Bird Conserva- (B) a description of any fee the State will Subtitle B—Duck Stamps tion Commission, may waive requirements charge for issuance of an electronic stamp; under this section for such individuals as the (C) a description of the process the State SEC. 221. FINDINGS. Secretary, in consultation with the Migra- will use to account for and transfer to the Congress finds that— tory Bird Conservation Commission, deter- Secretary the amounts collected by the (1) Federal Migratory Bird Hunting and mines to be appropriate. State that are required to be transferred to Conservation Stamps (commonly known as ‘‘(2) LIMITATION.—In making the deter- the Secretary under the program; ‘‘duck stamps’’) were created in 1934 as Fed- mination described in paragraph (1), the Sec- (D) the manner by which the State will eral licenses required for hunting migratory retary shall grant only those waivers the transmit electronic stamp customer data to waterfowl; Secretary determines will have a minimal the Secretary; (2)(A) duck stamps are a vital tool for wet- adverse effect on funds to be deposited in the (E) the manner by which actual stamps land conservation; Migratory Bird Conservation Fund estab- will be delivered; (B) 98 percent of the receipts from duck lished under section 4(a)(3).’’. (F) the policies and procedures under stamp sales are used to acquire important SEC. 224. PERMANENT ELECTRONIC DUCK which the State will issue duplicate elec- migratory bird breeding, migration, and win- STAMPS. tronic stamps; and tering habitat, which are added to the Na- (a) DEFINITIONS.—In this section: (G) such other policies, procedures, and in- tional Wildlife Refuge System; and (1) ACTUAL STAMP.—The term ‘‘actual formation as may be reasonably required by (C) those benefits extend to all wildlife, stamp’’ means a Federal migratory-bird the Secretary. not just ducks; hunting and conservation stamp required (d) PUBLICATION OF DEADLINES, ELIGIBILITY (3) since inception, the Federal duck stamp under the Act of March 16, 1934 (16 U.S.C. REQUIREMENTS, AND SELECTION CRITERIA.— program— 718a et seq.) (popularly known as the ‘‘Duck Not later than 30 days before the date on (A) has generated more than $750,000,000; Stamp Act’’), that is printed on paper and which the Secretary begins accepting appli- (B) has preserved more than 5,000,000 acres sold through the means established by the cations under this section, the Secretary of wetland and wildlife habitat; and authority of the Secretary immediately be- shall publish— (C) is considered among the most success- fore the date of enactment of this Act. (1) deadlines for submission of applica- ful conservation programs ever initiated; (2) AUTOMATED LICENSING SYSTEM.— tions; (4)(A) since 1934, when duck stamps cost $1, (A) IN GENERAL.—The term ‘‘automated li- (2) eligibility requirements for submitting the price has been increased 7 times to the censing system’’ means an electronic, com- applications; and price in effect on the date of enactment of puterized licensing system used by a State (3) criteria for approving applications. this Act of $15, which took effect in 1991; and fish and wildlife agency to issue hunting, (e) STATE OBLIGATIONS AND AUTHORITIES.— (B) the price of the duck stamp has not in- fishing, and other associated licenses and (1) DELIVERY OF ACTUAL STAMP.—The Sec- creased since 1991, the longest single period products. retary shall require that each individual to without an increase in program history; and (B) INCLUSION.—The term ‘‘automated li- whom a State sells an electronic stamp (5) with the price unchanged during the 20- censing system’’ includes a point-of-sale, under this section shall receive an actual year period ending on the date of enactment Internet, telephonic system, or other elec- stamp— of this Act, duck stamps have lost 40 percent tronic applications used for a purpose de- (A) by not later than the date on which the of the value of the duck stamps based on the scribed in subparagraph (A). electronic stamp expires under subsection consumer price index, while the United (3) ELECTRONIC STAMP.—The term ‘‘elec- (f)(3); and States Fish and Wildlife Service reports the tronic stamp’’ means an electronic version of (B) in a manner agreed on by the State and price of land in targeted wetland areas has an actual stamp that— Secretary.

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(2) COLLECTION AND TRANSFER OF ELEC- that is 30 days before the date of termi- the list of migratory birds that appears in TRONIC STAMP REVENUE AND CUSTOMER INFOR- nation; or section 10.13 of title 50, Code of Federal Reg- MATION.— (2) by the State, by providing written no- ulations, under the authority of the Migra- (A) REQUIREMENT TO TRANSMIT.—The Sec- tice to the Secretary by not later than the tory Bird Treaty Act. retary shall require each State authorized to date that is 30 days before the termination (8) PROGRAM.—The term ‘‘Program’’ means issue electronic stamps to collect and submit date. the Joint Ventures Program conducted in ac- to the Secretary in accordance with this sub- Subtitle C—Joint Ventures to Protect cordance with this subtitle. section— Migratory Bird Populations (9) SECRETARY.—The term ‘‘Secretary’’ (i) the first name, last name, and complete SEC. 231. PURPOSES. means the Secretary of the Interior. mailing address of each individual that pur- The purpose of this subtitle is to authorize (10) SERVICE.—The term ‘‘Service’’ means chases an electronic stamp from the State; the Secretary of the Interior, acting through the United States Fish and Wildlife Service. (ii) the face value amount of each elec- the Director, to carry out a partnership pro- (11) STATE.—The term ‘‘State’’ means— tronic stamp sold by the State; and gram called the ‘‘Joint Ventures Program’’, (A) any State of the United States, the (iii) the amount of the Federal portion of in coordination with other Federal agencies District of Columbia, the Commonwealth of any fee required by the agreement for each with management authority over fish and Puerto Rico, Guam, the Virgin Islands, stamp sold. wildlife resources and the States, to develop, American Samoa, and the Commonwealth of (B) TIME OF TRANSMITTAL.—The Secretary implement, and support innovative, vol- the Northern Mariana Islands; and shall require the submission under subpara- untary, cooperative, and effective conserva- (B) one or more agencies of a State govern- graph (A) to be made with respect to sales of tion strategies and conservation actions— ment responsible under State law for man- electronic stamps by a State according to (1) to promote, primarily, sustainable pop- aging fish or wildlife resources. the written agreement between the Sec- ulations of migratory birds, and, second- SEC. 233. JOINT VENTURES PROGRAM. retary and the State agency. arily, the fish and wildlife species associated (a) IN GENERAL.—The Secretary, acting (C) ADDITIONAL FEES NOT AFFECTED.—This with their habitats; through the Director, shall carry out a Joint subsection shall not apply to the State por- (2) to encourage stakeholder and govern- Ventures Program that— tion of any fee collected by a State under ment partnerships consistent with the goals (1) provides financial and technical assist- paragraph (3). of protecting, improving, and restoring habi- ance to support regional migratory bird con- (3) ELECTRONIC STAMP ISSUANCE FEE.—A tat; servation partnerships; State authorized to issue electronic stamps (3) to establish, implement, and improve (2) develops and implements plans to pro- may charge a reasonable fee to cover costs science-based migratory bird conservation tect and enhance migratory bird populations incurred by the State and the Department of plans and promote and facilitate broader throughout their range, that are focused on the Interior in issuing electronic stamps landscape-level conservation of fish and regional landscapes and habitats that sup- under this section, including costs of deliv- wildlife habitat; and port those populations; and ery of actual stamps. (4) to support the goals and objectives of (3) complements and supports activities by (4) DUPLICATE ELECTRONIC STAMPS.—A the North American Waterfowl Management the Secretary and the Director to fulfill obli- State authorized to issue electronic stamps Plan and other relevant national and re- gations under— may issue a duplicate electronic stamp to re- gional, multipartner conservation initia- (A) the Migratory Bird Treaty Act (16 place an electronic stamp issued by the tives, treaties, conventions, agreements, or U.S.C. 701 et seq.); State that is lost or damaged. strategies entered into by the United States, (B) the Migratory Bird Conservation Act (5) LIMITATION ON AUTHORITY TO REQUIRE and implemented by the Secretary, that pro- (16 U.S.C. 715 et seq.); PURCHASE OF STATE LICENSE.—A State may mote the conservation of migratory birds not require that an individual purchase a (C) the Neotropical Migratory Bird Con- and the habitats of migratory birds. State hunting license as a condition of servation Act (16 U.S.C. 6101 et seq.); issuing an electronic stamp under this sec- SEC. 232. DEFINITIONS. (D) the North American Wetlands Con- In this subtitle: tion. servation Act (16 U.S.C. 4401 et seq.); ONSERVATION ACTION (f) ELECTRONIC STAMP REQUIREMENTS; REC- (1) C .—The term ‘‘con- (E) the Fish and Wildlife Conservation Act OGNITION OF ELECTRONIC STAMP.— servation action’’ means activities that— of 1980 (16 U.S.C. 2901 et seq.); and (1) STAMP REQUIREMENTS.—The Secretary (A) support the protection, restoration, (F) the Partners for Fish and Wildlife Act shall require an electronic stamp issued by a adaptive management, conservation, or en- (16 U.S.C. 3771 et seq.). State under this section— hancement of migratory bird populations, (b) COORDINATION WITH STATES.—In the ad- (A) to have the same format as any other their terrestrial, wetland, marine, or other ministration of the program authorized license, validation, or privilege the State habitats, and other wildlife species supported under this section, the Director shall coordi- issues under the automated licensing system by those habitats, including— nate and cooperate with the States to fulfill of the State; and (i) biological and geospatial planning; the purposes of this subtitle. (B) to specify identifying features of the li- (ii) landscape and conservation design; SEC. 234. ADMINISTRATION. censee that are adequate to enable Federal, (iii) habitat protection, enhancement, and (a) PARTNERSHIP AGREEMENTS.— State, and other law enforcement officers to restoration; (1) IN GENERAL.—The Director may enter identify the holder. (iv) monitoring and tracking; into an agreement with eligible partners to (2) RECOGNITION OF ELECTRONIC STAMP.— (v) applied research; and achieve the purposes described in section 231. Any electronic stamp issued by a State (vi) public outreach and education; and (2) ELIGIBLE PARTNERS.—The eligible part- under this section shall, during the effective (B) incorporate adaptive management and ners referred to in paragraph (1) are the fol- period of the electronic stamp— science-based monitoring, where applicable, lowing: (A) bestow on the licensee the same privi- to improve outcomes and ensure efficient (A) Federal and State agencies and Indian leges as are bestowed by an actual stamp; and effective use of Federal funds. tribes. (B) be recognized nationally as a valid Fed- (2) DIRECTOR.—The term ‘‘Director’’ means (B) Affected regional and local govern- eral migratory bird hunting and conserva- the Director of the United States Fish and ments, private landowners, land managers, tion stamp; and Wildlife Service. and other private stakeholders. (C) authorize the licensee to hunt migra- (3) IMPLEMENTATION PLAN.—The term ‘‘Im- (C) Nongovernmental organizations with tory waterfowl in any other State, in accord- plementation Plan’’ means an Implementa- expertise in bird conservation or fish and ance with the laws of the other State gov- tion Plan approved by the Director under wildlife conservation or natural resource and erning that hunting. section 232. landscape management generally. (3) DURATION.—An electronic stamp issued (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (D) Other relevant stakeholders, as deter- by a State shall be valid for a period agreed has the meaning given that term in section mined by the Director. to by the State and the Secretary, which 4 of the Indian Self-Determination and Edu- (b) MANAGEMENT BOARD.— shall not exceed 45 days. cation Assistance Act (25 U.S.C. 450b). (1) IN GENERAL.—A partnership agreement (g) TERMINATION OF STATE PARTICIPA- (5) JOINT VENTURE.—The term ‘‘Joint Ven- for a Joint Venture under this section shall TION.—The authority of a State to issue elec- ture’’ means a self-directed, voluntary part- establish a Management Board in accordance tronic stamps under this section may be ter- nership, established and conducted for the with this subsection. minated— purposes described in section 231 and in ac- (2) MEMBERSHIP.—The Management Board (1) by the Secretary, if the Secretary— cordance with section 233. shall include a diversity of members rep- (A) finds that the State has violated any of (6) MANAGEMENT BOARD.—The term ‘‘Man- resenting stakeholder interests from the ap- the terms of the application of the State ap- agement Board’’ means a Joint Venture propriate geographic region, including, as proved by the Secretary under subsection (c); Management Board established in accord- appropriate, representatives from the Serv- and ance with section 233. ice and other Federal agencies that have (B) provides to the State written notice of (7) MIGRATORY BIRDS.—The term ‘‘migra- management authority over fish and wildlife the termination by not later than the date tory birds’’ means those species included in resources on public lands or in the marine

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environment, or that implement programs (2) REVIEW.—A Joint Venture Implementa- (3) CONSULTATION.—The Secretary, acting that affect migratory bird habitats, and rep- tion Plan shall be submitted to the Director through the Director, in the implementation resentatives from the States, Indian tribes, for approval. of this subsection— and other relevant stakeholders, and may in- (3) APPROVAL.—The Director shall approve (A) shall consult with other appropriate clude— an Implementation Plan submitted by the Federal agencies with responsibility for the (A) regional governments and Indian Management Board for a Joint Venture if conservation or management of fish and tribes; the Director finds that— wildlife habitat and appropriate State agen- (B) academia or the scientific community; (A) implementation of the plan would pro- cies; and (C) nongovernmental landowners or land mote the purposes of this subtitle described (B) may consult with appropriate, Indian managers; in section 231; tribes, Flyway Councils, or regional con- (D) nonprofit conservation or other rel- (B) the members of the Joint Venture have servation organizations, public and private evant organizations with expertise in migra- demonstrated the capacity to implement landowners, members of academia and the tory bird conservation, or in fish and wildlife conservation actions identified in the Imple- scientific community, and other nonprofit conservation generally; and mentation Plan; and conservation or private stakeholders. (E) private organizations with a dedicated (C) the plan includes coordination with (4) PUBLIC COMMENT.—The Secretary, interest in conserving migratory birds and other relevant and active conservation plans through the Director, shall provide for ade- their habitats. or programs within the geographic scope of quate opportunities for general public review (3) FUNCTIONS AND RESPONSIBILITIES.—Sub- the Joint Venture. and comment of the Program as part of the ject to applicable Federal and State law, the SEC. 235. GRANTS AND OTHER ASSISTANCE. 5-year evaluations conducted pursuant to Management Board shall— this subsection. (a) IN GENERAL.—Except as provided in (A) appoint a coordinator for the Joint subsection (b), and subject to the avail- SEC. 237. RELATIONSHIP TO OTHER AUTHORI- Venture in consultation with the Director; ability of appropriations, the Director may TIES. (a) AUTHORITIES, ETC. OF SECRETARY.— (B) identify other full- or part-time admin- award financial assistance to implement a Nothing in this subtitle affects authorities, istrative and technical non-Federal employ- Joint Venture through— responsibilities, obligations, or powers of the ees necessary to perform the functions of the (1) support of the activities of the Manage- Secretary under any other Act. Joint Venture and meet objectives specified ment Board of the Joint Venture and to pay (b) STATE AUTHORITY.—Nothing in this sub- in the Implementation Plan; and for necessary administrative costs and serv- title preempts any provision or enforcement (C) establish committees or other organi- ices, personnel, and meetings, travel, and of a State statute or regulation relating to zational entities necessary to implement the other business activities; and the management of fish and wildlife re- Implementation Plan in accordance with (2) support for specific conservation ac- sources within such State. subsection (c). tions and other activities necessary to carry SEC. 238. FEDERAL ADVISORY COMMITTEE ACT. (4) USE OF SERVICE AND FEDERAL AGENCY out the Implementation Plan. EMPLOYEES.—Subject to the availability of The Federal Advisory Committee Act (5 IMITATION.—A Joint Venture is not eli- (b) L U.S.C. App.) shall not apply to any boards, appropriations and upon the request from a gible for assistance or support authorized in committees, or other groups established Management Board, and after consultation this section unless the Joint Venture is oper- under this subtitle. with and approval of the Director, the head ating under an Implementation Plan ap- of any Federal agency may detail to the proved by the Director under section 234. Subtitle D—Reauthorizations Management Board, on a reimbursable or (c) TECHNICAL ASSISTANCE.—The Secretary, SEC. 241. NORTH AMERICAN WETLANDS CON- nonreimbursable basis, any agency personnel through the Director, may provide technical SERVATION ACT. to assist the Joint Venture in performing its and administrative assistance for implemen- Section 7(c)(5) of the North American Wet- functions under this subtitle. tation of Joint Ventures and the expenditure lands Conservation Act (16 U.S.C. 4406(c)(5)) (c) IMPLEMENTATION PLAN.— of financial assistance under this subsection. is amended by striking ‘‘2012’’ and inserting (1) IN GENERAL.—Each Joint Venture Man- ‘‘2017’’. CCEPTANCE AND USE OF DONATIONS.— agement Board shall develop and maintain (d) A The Secretary, through the Director, may SEC. 242. PARTNERS FOR FISH AND WILDLIFE an Implementation Plan that shall contain, ACT. accept and use donations of funds, gifts, and at a minimum, the following elements: Section 5 of the Partners for Fish and in-kind contributions to provide assistance (A) A strategic framework for migratory Wildlife Act (16 U.S.C. 3774) is amended by under this section. bird conservation. striking ‘‘2011’’ and inserting ‘‘2017’’. (B) Provisions for effective communication SEC. 236. REPORTING. SEC. 243. NATIONAL FISH AND WILDLIFE FOUN- among member participants within the Joint (a) ANNUAL REPORTS BY MANAGEMENT DATION REAUTHORIZATION. Venture. BOARDS.—The Secretary, acting through the (a) BOARD OF DIRECTORS OF THE FOUNDA- (C) A long-term strategy to conduct public Director, shall— TION.— outreach and education regarding the pur- (1) require each Management Board to sub- (1) IN GENERAL.—Section 3 of the National poses and activities of the Joint Venture and mit annual reports for all approved Joint Fish and Wildlife Foundation Establishment activities to regularly communicate to the Ventures of the Management Board; and Act (16 U.S.C. 3702) is amended— general public information generated by the (2) establish guidance for Joint Venture (A) in subsection (b)— Joint Venture. annual reports, including contents and any (i) by striking paragraph (2) and inserting (D) Coordination with laws and conserva- necessary processes or procedures. the following: tion plans that are relevant to migratory (b) JOINT VENTURE PROGRAM 5-YEAR RE- ‘‘(2) IN GENERAL.—After consulting with birds, and other relevant regional, national, VIEWS.— the Secretary of Commerce and considering or international initiatives identified by the (1) IN GENERAL.—The Secretary, acting the recommendations submitted by the Director to conserve migratory birds, their through the Director, shall at 5 years after Board, the Secretary of the Interior shall ap- habitats, ecological functions, and associ- the date of enactment of this Act and at 5- point 28 Directors who, to the maximum ex- ated populations of fish and wildlife. year intervals thereafter, complete an objec- tent practicable, shall— (E) An organizational plan that— tive and comprehensive review and evalua- ‘‘(A) be knowledgeable and experienced in (i) identifies the representative member- tion of the Program. matters relating to conservation of fish, ship of the Management Board and includes (2) REVIEW CONTENTS.—Each review under wildlife, or other natural resources; and procedures for updating the membership of this subsection shall include— ‘‘(B) represent a balance of expertise in the Management Board as appropriate; (A) an evaluation of the effectiveness of ocean, coastal, freshwater, and terrestrial re- (ii) describes the organizational structure the Program in meeting the purpose of this source conservation.’’; and of the Joint Venture, including proposed subtitle specified in section 231; (ii) by striking paragraph (3) and inserting committees and subcommittees, and proce- (B) an evaluation of all approved Imple- the following: dures for revising and updating the struc- mentation Plans, especially the effectiveness ‘‘(3) TERMS.—Each Director (other than a ture, as necessary; and of existing conservation strategies, prior- Director described in paragraph (1)) shall be (iii) provides a strategy to increase stake- ities, and methods to meet the objectives of appointed for a term of 6 years.’’; and holder participation or membership in the such plans and fulfill the purpose of this sub- (B) in subsection (g)(2)— Joint Venture. title; and (i) in subparagraph (A), by striking ‘‘(A) (F) Procedures to coordinate the develop- (C) recommendations to revise the Pro- Officers and employees may not be appointed ment, implementation, oversight, moni- gram or to amend or otherwise revise Imple- until the Foundation has sufficient funds to toring, tracking, and reporting of conserva- mentation Plans to ensure that activities pay them for their service. Officers’’ and in- tion actions approved by the Management undertaken pursuant to this subtitle address serting the following: Board and an evaluation process to deter- the effects of climate change on migratory ‘‘(A) IN GENERAL.—Officers’’; and mine overall effectiveness of activities un- bird populations and their habitats, and fish (ii) by striking subparagraph (B) and in- dertaken by the Joint Venture. and wildlife habitats, in general. serting the following:

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‘‘(B) EXECUTIVE DIRECTOR.—The Founda- tory requirement associated with those otherwise in the possession of the Founda- tion shall have an Executive Director who amounts.’’; tion pursuant to this Act, may be made shall be— (2) by striking subsections (f) and (g); and available by the Foundation to Federal de- ‘‘(i) appointed by, and serve at the direc- (3) by redesignating subsections (h) and (i) partments, agencies, or instrumentalities tion of, the Board as the chief executive offi- as subsections (f) and (g), respectively. and may be accepted and expended (or the cer of the Foundation; and (c) AUTHORIZATION OF APPROPRIATIONS.— disposition of the amounts or property di- ‘‘(ii) knowledgeable and experienced in Section 10 of the National Fish and Wildlife rected), without further appropriation, by matters relating to fish and wildlife con- Foundation Establishment Act (16 U.S.C. those Federal departments, agencies, or in- servation.’’. 3709) is amended— strumentalities, subject to the condition (2) CONFORMING AMENDMENT.—Section (1) in subsection (a), by striking paragraph that the amounts or property be used for 4(a)(1)(B) of the North American Wetlands (1) and inserting the following: purposes that further the conservation and Conservation Act (16 U.S.C. 4403(a)(1)(B)) is ‘‘(1) IN GENERAL.—There are authorized to management of fish, wildlife, plants, and amended by striking ‘‘Secretary of the be appropriated to carry out this Act for other natural resources.’’. Board’’ and inserting ‘‘Executive Director of each of fiscal years 2012 through 2017— (d) LIMITATION ON AUTHORITY.—Section 11 the Board’’. ‘‘(A) $20,000,000 to the Secretary of the In- of the National Fish and Wildlife Foundation (b) RIGHTS AND OBLIGATIONS OF THE FOUN- terior; Establishment Act (16 U.S.C. 3710) is amend- DATION.—Section 4 of the National Fish and ‘‘(B) $5,000,000 to the Secretary of Agri- ed by inserting ‘‘exclusive’’ before ‘‘author- Wildlife Foundation Establishment Act (16 culture; and ity’’. U.S.C. 3703) is amended— ‘‘(C) $5,000,000 to the Secretary of Com- SEC. 244. MULTINATIONAL SPECIES CONSERVA- (1) in subsection (c)— merce.’’; TION FUNDS SEMIPOSTAL STAMP. (A) by striking ‘‘(c) POWERS.—To carry out (2) in subsection (b)— Section 2(c) of the Multinational Species its purposes under’’ and inserting the fol- (A) by striking paragraph (1) and inserting Conservation Funds Semipostal Stamp Act lowing: the following: of 2010 (Public Law 111–241; 39 U.S.C. 416 ‘‘(c) POWERS.— ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— note) is amended— ‘‘(1) IN GENERAL.—To carry out the pur- ‘‘(A) IN GENERAL.—In addition to the (1) in paragraph (2), by striking ‘‘2 years’’ poses described in’’; amounts authorized to be appropriated under and inserting ‘‘6 years’’; and (B) by redesignating paragraphs (1) subsection (a), Federal departments, agen- (2) by adding at the end the following: through (11) as subparagraphs (A) through cies, or instrumentalities may provide funds ‘‘(5) STAMP DEPICTIONS.—Members of the (K), respectively, and indenting appro- to the Foundation, subject to the condition public shall be offered a choice of 5 stamps priately; that the amounts are used for purposes that under this Act, depicting an African ele- (C) in subparagraph (D) (as redesignated by further the conservation and management of phant or an Asian elephant, a rhinoceros, a subparagraph (B)), by striking ‘‘that are in- fish, wildlife, plants, and other natural re- tiger, a marine turtle, and a great ape, re- sured by an agency or instrumentality of the sources in accordance with this Act. spectively.’’. United States’’ and inserting ‘‘at 1 or more ‘‘(B) ADVANCES.—Federal departments, SEC. 245. MULTINATIONAL SPECIES CONSERVA- financial institutions that are members of agencies, or instrumentalities may advance TION FUNDS REAUTHORIZATIONS. the Federal Deposit Insurance Corporation amounts described in subparagraph (A) to (a) AFRICAN ELEPHANTS.—Section 2306(a) of or the Securities Investment Protection Cor- the Foundation in a lump sum without re- the African Elephant Conservation Act (16 poration’’; gard to when the expenses for which the U.S.C. 4245(a)) is amended by striking ‘‘2007 (D) in subparagraph (E) (as redesignated by amounts are used are incurred. through 2012’’ and inserting ‘‘2012 through 2017’’. subparagraph (B)), by striking ‘‘paragraph (3) ‘‘(C) MANAGEMENT FEES.—The Foundation (b) ASIAN ELEPHANTS.—Section 8(a) of the or (4)’’ and inserting ‘‘subparagraph (C) or may assess and collect fees for the manage- Asian Elephant Conservation Act of 1997 (16 (D)’’; ment of amounts received under this para- U.S.C. 4266(a)) is amended by striking ‘‘2007 (E) in subparagraph (J) (as redesignated by graph.’’; through 2012’’ and inserting ‘‘2012 through subparagraph (B)), by striking ‘‘; and’’ and (B) in paragraph (2)— 2017’’. inserting a semicolon; (i) in the paragraph heading, by striking (c) RHINOCEROS AND TIGERS.—Section 10(a) (F) by striking subparagraph (K) (as redes- ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; of the Rhinoceros and Tiger Conservation ignated by subparagraph (B)) and inserting (ii) by striking ‘‘shall be used’’ and insert- Act of 1994 (16 U.S.C. 5306(a)) is amended by the following: ing ‘‘may be used’’; and striking ‘‘2007 through 2012’’ and inserting ‘‘(K) to receive and administer restitution (iii) by striking ‘‘and State and local gov- ‘‘2012 through 2017’’. and community service payments, amounts ernment agencies’’ and inserting ‘‘, State (d) GREAT APES.—Section 6 of the Great for mitigation of impacts to natural re- and local government agencies, and other en- Ape Conservation Act of 2000 (16 U.S.C. 6305) sources, and other amounts arising from tities’’; and is amended by striking ‘‘2006 through 2010’’ legal, regulatory, or administrative pro- (C) by adding at the end the following: and inserting ‘‘2012 through 2017’’. ceedings, subject to the condition that the ‘‘(3) ADMINISTRATION OF AMOUNTS.— (e) MARINE TURTLES.—Section 7 of the Ma- amounts are received or administered for ‘‘(A) IN GENERAL.—In entering into con- rine Turtle Conservation Act of 2004 (16 purposes that further the conservation and tracts, agreements, or other partnerships U.S.C. 6606) is amended by striking ‘‘2005 management of fish, wildlife, plants, and pursuant to this Act, a Federal department, through 2009’’ and inserting ‘‘2012 through other natural resources; and agency, or instrumentality shall have discre- 2017’’. ‘‘(L) to do any and all acts necessary and tion to waive any competitive process of SEC. 246. NEOTROPICAL MIGRATORY BIRD CON- proper to carry out the purposes of the Foun- that department, agency, or instrumentality SERVATION ACT. dation.’’; and for entering into contracts, agreements, or Section 10 of the Neotropical Migratory (G) by striking the undesignated matter at partnerships with the Foundation if the pur- Bird Conservation Act (16 U.S.C. 6109) is the end and inserting the following: pose of the waiver is— amended to read as follows: ‘‘(2) TREATMENT OF REAL PROPERTY.— ‘‘(i) to address an environmental emer- ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) IN GENERAL.—For purposes of this gency resulting from a natural or other dis- ‘‘(a) IN GENERAL.—There is authorized to Act, an interest in real property shall be aster; or be appropriated to carry out this Act treated as including easements or other ‘‘(ii) as determined by the head of the ap- $6,500,000 for each of fiscal years 2012 through rights for preservation, conservation, protec- plicable Federal department, agency, or in- 2017. tion, or enhancement by and for the public of strumentality, to reduce administrative ex- ‘‘(b) USE OF FUNDS.—Of the amounts made natural, scenic, historic, scientific, edu- penses and expedite the conservation and available under subsection (a) for each fiscal cational, inspirational, or recreational re- management of fish, wildlife, plants, and year, not less than 75 percent shall be ex- sources. other natural resources. pended for projects carried out at a location ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, ‘‘(B) REPORTS.—The Foundation shall in- outside of the United States.’’. devise, or bequest may be accepted by the clude in the annual report submitted under SEC. 247. FEDERAL LAND TRANSACTION FACILI- Foundation even though the gift, devise, or section 7(b) a description of any use of the TATION ACT. bequest is encumbered, restricted, or subject authority under subparagraph (A) by a Fed- The Federal Land Transaction Facilitation to beneficial interests of private persons if eral department, agency, or instrumentality Act is amended— any current or future interest in the gift, de- in that fiscal year.’’; and (1) in section 203(2) (43 U.S.C. 2302(2)), by vise, or bequest is for the benefit of the (3) by adding at the end the following: striking ‘‘on the date of enactment of this Foundation. ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS Act was’’ and inserting ‘‘is’’; ‘‘(3) SAVINGS CLAUSE.—The acceptance and OF MONEY OR OTHER PROPERTY.—Any gifts, (2) in section 205 (43 U.S.C. 2304)— administration of amounts by the Founda- devises, or bequests of amounts or other (A) in subsection (a), by striking ‘‘this tion under paragraph (1)(K) does not alter, property, or any other amounts or other Act’’ and inserting ‘‘the Sportsmen’s Act of supersede, or limit any regulatory or statu- property, transferred to, deposited with, or 2012’’; and

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(B) in subsection (d), by striking ‘‘11’’ and (b) DEFINITIONS.—The Nutria Eradication Delaware Bay Watersheds’ and originally inserting ‘‘22’’; and Control Act of 2003 (Public Law 108–16; dated March 2002;’’; (3) in section 206 (43 U.S.C. 2305), by strik- 117 Stat. 621) is amended— (2) in paragraph (2)— ing subsection (f); and (1) by redesignating sections 3 and 4 as sec- (A) by striking ‘‘develop’’ and inserting (4) in section 207(b) (43 U.S.C. 2306(b))— tions 4 and 5, respectively; and ‘‘continue’’; and (A) in paragraph (1)— (2) by inserting after section 2 the fol- (B) by striking the period at the end and (i) by striking ‘‘96–568’’ and inserting ‘‘96– lowing: inserting ‘‘; and’’; and 586’’; and ‘‘SEC. 3. DEFINITIONS. (3) by adding after paragraph (2) the fol- (ii) by striking ‘‘; or’’ and inserting a semi- ‘‘In this Act: lowing: colon; ‘‘(1) COASTAL STATE.—The term ‘coastal ‘‘(3) develop, in cooperation with the State (B) in paragraph (2)— State’ means each of the States of Delaware, of Delaware Department of Natural Re- (i) by inserting ‘‘Public Law 105–263;’’ be- Oregon, North Carolina, Virginia, and Wash- sources and Environmental Control, the fore ‘‘112 Stat.’’; and ington. State of Virginia Department of Game and (ii) by striking the period at the end and ‘‘(2) PROGRAM.—The term ‘program’ means Inland Fisheries, the State of Oregon Depart- inserting a semicolon; and the nutria eradication program established ment of Fish and Wildlife, the State of North (C) by adding at the end the following: by section 4(a). Carolina Department of Environment and ‘‘(3) the White Pine County Conservation, ‘‘(3) PUBLIC-PRIVATE PARTNERSHIP.—The Natural Resources, and the State of Wash- Recreation, and Development Act of 2006 term ‘public-private partnership’ means a ington Department of Fish and Wildlife, (Public Law 109–432; 120 Stat. 3028); voluntary, cooperative project undertaken long-term nutria control or eradication pro- ‘‘(4) the Lincoln County Conservation, by governmental entities or public officials grams, as appropriate, with the objective Recreation, and Development Act of 2004 and affected communities, local citizens, of— (Public Law 108–424; 118 Stat. 2403); nongovernmental organizations, or other en- ‘‘(A) significantly reducing and restoring ‘‘(5) subtitle F of title I of the Omnibus tities or persons in the private sector. the damage nutria cause to coastal wetlands Public Land Management Act of 2009 (16 ‘‘(4) SECRETARY.—The term ‘Secretary’ in the coastal States; and U.S.C. 1132 note; Public Law 111–11); means the Secretary of the Interior.’’. ‘‘(B) promoting voluntary, public-private ‘‘(6) subtitle O of title I of the Omnibus (c) NUTRIA ERADICATION PROGRAM.—Sec- partnerships to eradicate or control nutria Public Land Management Act of 2009 (16 tion 4 of the Nutria Eradication and Control and restoring nutria-damaged wetlands in U.S.C. 460www note, 1132 note; Public Law Act of 2003 (Public Law 108–16; 117 Stat. 621) the coastal States.’’. 111–11); (as redesignated by subsection (b)) is amend- ‘‘(7) section 2601 of the Omnibus Public ed— SA 2876. Mr. REID proposed an Land Management Act of 2009 (Public Law (1) by striking subsection (a) and inserting amendment to amendment SA 2875 pro- 111–11; 123 Stat. 1108); or the following: posed by Mr. REID (for Mr. TESTER) to ‘‘(8) section 2606 of the Omnibus Public ‘‘(a) IN GENERAL.—The Secretary may, sub- the bill S. 3525, to protect and enhance Land Management Act of 2009 (Public Law ject to the availability of appropriations, opportunities for recreational hunting, 111–11; 123 Stat. 1121).’’. provide financial assistance to the States of fishing, and shooting, and for other Maryland and Louisiana and the coastal SEC. 248. NUTRIA ERADICATION AND CONTROL. purposes; as follows: States to implement measures— (a) FINDINGS; PURPOSE.—Section 2 of the ‘‘(1) to eradicate or control nutria; and At the end, add the following new section: Nutria Eradication and Control Act of 2003 ‘‘(2) to restore wetlands damaged by nu- Section lll. This Act shall become effective 7 days (Public Law 108–16; 117 Stat. 621) is amend- tria.’’; after enactment. ed— (2) in subsection (b)— (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘the (A) in paragraph (1), by striking ‘‘and in SA 2877. Mr. REID proposed an State of’’ before ‘‘Maryland’’; amendment to amendment SA 2876 pro- Louisiana’’ and inserting ‘‘, the State of (B) in paragraph (2), by striking ‘‘other Louisiana, and other coastal States’’; States’’ and inserting ‘‘the coastal States’’; posed by Mr. REID to the amendment (B) in paragraph (2), by striking ‘‘in Mary- and SA 2875 proposed by Mr. REID (for Mr. land and Louisiana on Federal, State, and (C) in paragraph (3), by striking ‘‘marsh- TESTER) to the bill S. 3525, to protect private land’’ and inserting ‘‘on Federal, land’’ and inserting ‘‘wetlands’’; and enhance opportunities for rec- State, and private land in the States of (3) in subsection (c)— reational hunting, fishing, and shoot- Maryland and Louisiana and in other coastal (A) by striking ‘‘(c) ACTIVITIES’’ and insert- ing, and for other purposes; as follows: States’’; and ing ‘‘(c) ACTIVITIES IN THE STATE OF MARY- (C) by striking paragraphs (3) and (4) and In the amendment, strike ‘‘7 days’’ and in- LAND’’; and sert ‘‘6 days’’. inserting the following: (B) by inserting ‘‘, and updated in March ‘‘(3) This Act authorizes the Maryland Nu- 2009’’ before the period at the end; SA 2878. Mr. REID proposed an tria Project, which has successfully eradi- (4) in subsection (e), by striking ‘‘financial cated nutria from more than 130,000 acres of amendment to the bill S. 3525, to pro- assistance provided by the Secretary under tect and enhance opportunities for rec- Chesapeake Bay wetlands in the State of this section’’ and inserting ‘‘the amounts Maryland and facilitated the creation of vol- made available under subsection (f) to carry reational hunting, fishing, and shoot- untary, public-private partnerships and more out the program’’; and ing, and for other purposes; as follows: than 406 cooperative landowner agreements. (5) by striking subsection (f) and inserting At the end, add the following new section: ‘‘(4) This Act and the Coastal Wetlands the following: Section lll. Planning, Protection, and Restoration Act ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— This title shall become effective 5 days (16 U.S.C. 3951 et seq.) authorize the Subject to subsection (e), there is authorized after enactment. Coastwide Nutria Control Program, which to be appropriated to the Secretary to carry has reduced nutria-impacted wetland acres out the program $6,000,000 for each of fiscal SA 2879. Mr. REID proposed an in the State of Louisiana from 80,000 acres to years 2012 through 2016, of which— amendment to amendment SA 2878 pro- 23,141 acres. ‘‘(1) $2,000,000 shall be used to provide fi- posed by Mr. REID to the bill S. 3525, to ‘‘(5) The proven techniques developed nancial assistance to the State of Maryland; protect and enhance opportunities for under this Act that are eradicating nutria in ‘‘(2) $2,000,000 shall be used to provide fi- recreational hunting, fishing, and the State of Maryland and reducing the acres nancial assistance to the State of Louisiana; of nutria-impacted wetlands in the State of shooting, and for other purposes; as fol- and lows: Louisiana should be applied to nutria eradi- ‘‘(3) $2,000,000 shall be used to provide fi- cation or control programs in other nutria- nancial assistance, on a competitive basis, to In the amendment, strike ‘‘5 days’’ and in- infested coastal States’’; and other coastal States.’’. sert ‘‘4 days’’. (2) by striking subsection (b) and inserting (d) REPORT.—Section 5 of the Nutria Eradi- Mr. REID proposed an the following: cation and Control Act of 2003 (Public Law SA 2880. ‘‘(b) PURPOSE.—The purpose of this Act is 108–16; 117 Stat. 621) (as redesignated by sub- amendment to the bill S. 3525, to pro- to authorize the Secretary of the Interior to section (b)) is amended— tect and enhance opportunities for rec- provide financial assistance to the States of (1) in paragraph (1), by striking ‘‘2002 docu- reational hunting, fishing, and shoot- Delaware, Louisiana, Maryland, North Caro- ment entitled ‘Eradication Strategies for ing, and for other purposes; as follows: lina, Oregon, Virginia, and Washington to Nutria in the Chesapeake and Delaware Bay At the end, add the following new section: carry out activities— Watersheds’; and’’ and inserting ‘‘March 2009 Section lll. ‘‘(1) to eradicate or control nutria; and update of the document entitled ‘Eradication This Act shall become effective 3 days ‘‘(2) to restore nutria damaged wetlands.’’. Strategies for Nutria in the Chesapeake and after enactment.

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15139 SA 2881. Mr. REID proposed an TITLE III—FEDERAL LAND DESIGNATIONS partment of Energy, to prescribe mili- amendment to amendment SA 2880 pro- SEC. 301. SALE OF CERTAIN FEDERAL LAND PRE- tary personnel strengths for such fiscal posed by Mr. REID to the bill S. 3525, to VIOUSLY IDENTIFIED AS SUITABLE year, and for other purposes; which was protect and enhance opportunities for FOR DISPOSAL. ordered to lie on the table; as follows: (a) DEFINITIONS.—In this section: recreational hunting, fishing, and At the end of subtitle H of title V, insert (1) IDENTIFIED FEDERAL LANDS.—The term shooting, and for other purposes; as fol- ‘‘identified Federal lands’’ means the parcels the following: lows: of Federal land under the administrative ju- SEC. 585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO FIRST LIEU- In the amendment, strike ‘‘3 days’’ and in- risdiction of the Secretary that were identi- TENANT ALONZO H. CUSHING FOR sert ‘‘2 days’’. fied as suitable for disposal in the report sub- ACTS OF VALOR DURING THE CIVIL mitted to Congress by the Secretary on May WAR. SA 2882. Mr. REID proposed an 27, 1997, pursuant to section 390(g) of the Fed- (a) AUTHORIZATION.—Notwithstanding the amendment to amendment SA 2881 pro- eral Agriculture Improvement and Reform time limitations specified in section 3744 of posed by Mr. REID to the amendment Act of 1996 (Public Law 104–127; 110 Stat. title 10, United States Code, or any other 1024), except the following: SA 2880 proposed by Mr. REID to the time limitation with respect to the awarding bill S. 3525, to protect and enhance op- (A) Lands not identified for disposal in the of certain medals to persons who served in applicable land use plan. portunities for recreational hunting, the Armed Forces, the President is author- (B) Lands subject to a Recreation and Pub- ized to award the Medal of Honor under sec- fishing, and shooting, and for other lic Purpose conveyance application. tion 3741 of such title to then First Lieuten- purposes; as follows: (C) Lands identified for State selection. ant Alonzo H. Cushing for conspicuous acts In the amendment, strike ‘‘2 days’’ and in- (D) Lands identified for Indian tribe allot- of gallantry and intrepidity at the risk of sert ‘‘1 day’’. ments. life and beyond the call of duty in the Civil (E) Lands identified for local government War, as described in subsection (b). SA 2883. Mr. LEE submitted an use. (b) ACTS OF VALOR DESCRIBED.—The acts of amendment intended to be proposed by (F) Lands that the Secretary chooses to valor referred to in subsection (a) are the ac- him to the bill S. 3525, to protect and dispose under the Federal Land Transaction tions of then First Lieutenant Alonzo H. Facilitation Act (43 U.S.C. 2301 et seq.). enhance opportunities for recreational Cushing while in command of Battery A, 4th (G) Lands that are segregated for exchange United States Artillery, Army of the Poto- hunting, fishing, and shooting, and for or under agreements for exchange. mac, at Gettysburg, Pennsylvania, on July 3, other purposes; which was ordered to (H) Lands subject to exchange as author- 1863, during the American Civil War. lie on the table; as follows: ized or directed by Congress. On page 91, strike line 14 and all that fol- (I) Lands that the Secretary determines SA 2888. Mr. KOHL (for himself and lows through page 92, line 10. contain significant impediments for disposal Mr. BOOZMAN) submitted an amend- including— ment intended to be proposed by him SA 2884. Mr. LEE submitted an (i) high disposal costs; to the bill S. 3254, to authorize appro- amendment intended to be proposed by (ii) the presence of significant natural or priations for fiscal year 2013 for mili- him to the bill S. 3525, to protect and cultural resources; (iii) land survey problems or title conflicts; tary activities of the Department of enhance opportunities for recreational (iv) habitat for threatened or endangered Defense, for military construction, and hunting, fishing, and shooting, and for species; and for defense activities of the Depart- other purposes; which was ordered to (v) mineral leases and mining claims. ment of Energy, to prescribe military lie on the table; as follows: (2) SECRETARY.—The term ‘‘Secretary’’ personnel strengths for such fiscal On page 92, strike lines 11 through 23. means the Secretary of the Interior. year, and for other purposes; which was (b) COMPETITIVE SALE OF LANDS.—The Sec- ordered to lie on the table; as follows: retary shall offer the identified Federal SA 2885. Mr. LEE (for himself and At the end of subtitle A of title VI, insert lands for disposal by competitive sale for not Mr. MCCAIN) submitted an amendment the following: intended to be proposed by him to the less than fair market value as determined by an independent appraiser. SEC. 602. PAYMENT OF BENEFIT FOR NON- PARTICIPATION OF ELIGIBLE MEM- bill S. 3525, to protect and enhance op- (c) EXISTING RIGHTS.—The sale of identified portunities for recreational hunting, BERS IN POST-DEPLOYMENT/MOBILI- Federal lands under this section shall be sub- ZATION RESPITE ABSENCE PRO- fishing, and shooting, and for other ject to valid existing rights. GRAM DUE TO GOVERNMENT purposes; which was ordered to lie on (d) PROCEEDS OF SALE OF LANDS.—All net ERROR. the table; as follows: proceeds from the sale of identified Federal (a) PAYMENT OF BENEFIT.— At the end, add the following: lands under this section shall be deposited (1) IN GENERAL.—Subject to subsection (e), directly into the Treasury for reduction of the Secretary concerned shall, upon applica- TITLE III—FEDERAL LAND DESIGNATIONS the public debt. tion therefor, make a payment to each indi- SEC. 301. STATE APPROVAL REQUIRED FOR FED- (e) REPORT.—Not later than 4 years after vidual described in paragraph (2) of $200 for ERAL LAND DESIGNATIONS. the date of enactment of this Act, the Sec- each day of nonparticipation of such indi- (a) DEFINITION OF COVERED UNIT.—In this retary shall submit to the Committee on vidual in the Post-Deployment/Mobilization section, the term ‘‘covered unit’’ means— Natural Resources of the House of Rep- Respite Absence program as described in (1) a unit of the National Forest System, resentatives and the Committee on Energy that paragraph. National Park System, National Wildlife and Natural Resources of the Senate— (2) COVERED INDIVIDUALS.—An individual Refuge System, National Wild and Scenic (1) a list of any identified Federal lands described in this paragraph is an individual Rivers System, National Trails System, Na- that have not been sold under subsection (b) who— tional Wilderness Preservation System, or and the reasons such lands were not sold; and (A) was eligible for participation as a any other system established by Federal law; (2) an update of the report submitted to member of the Armed Forces in the Post-De- (2) a national monument; or Congress by the Secretary on May 27, 1997, ployment/Mobilization Respite Absence pro- (3) any national conservation or national pursuant to section 390(g) of the Federal Ag- gram; but recreation area. riculture Improvement and Reform Act of (B) as determined by the Secretary con- (b) PROHIBITION.—A covered unit shall not 1996 (Public Law 104–127; 110 Stat. 1024), in- cerned pursuant to an application for the be established unless the legislature of the cluding a current inventory of the Federal correction of the military records of such in- State in which the proposed covered unit is lands under the administrative jurisdiction dividual pursuant to section 1552 of title 10, located has approved the establishment of of the Secretary that are suitable for dis- United States Code, did not participate in the covered unit. posal. one or more days in the program for which the individual was so eligible due to Govern- SA 2886. Mr. LEE submitted an SA 2887. Mr. KOHL (for himself and ment error. amendment intended to be proposed by Mr. JOHNSON of Wisconsin) submitted (b) DECEASED INDIVIDUALS.— him to the bill S. 3525, to protect and an amendment intended to be proposed (1) APPLICATIONS.—If an individual other- enhance opportunities for recreational by him to the bill S. 3254, to authorize wise covered by subsection (a) is deceased, hunting, fishing, and shooting, and for the application required by that subsection appropriations for fiscal year 2013 for shall be made by the individual’s legal rep- other purposes; which was ordered to military activities of the Department resentative. lie on the table; as follows: of Defense, for military construction, (2) PAYMENT.—If an individual to whom At the end, add the following: and for defense activities of the De- payment would be made under subsection (a)

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15140 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 13, 2012 is deceased at time of payment, payment Interior a report on the activities in that Mr. UDALL of Colorado. Mr. Presi- shall be made in the manner specified in sec- State that the State office considers to be a dent, I ask unanimous consent that the tion 1552(c)(2) of title 10, United States Code. normal agricultural practice in the State, Senate concur in the House amend- (c) PAYMENT IN LIEU OF ADMINISTRATIVE such as mowing, shredding, discing, rolling, ment, the motion to reconsider be laid ABSENCE.—Payment under subsection (a) chopping, trampling, flattening, burning, or with respect to a day described in that sub- carrying out herbicide treatment. upon the table, with no intervening ac- section shall be in lieu of any entitlement of ‘‘(B) REVISIONS.—A State office may revise tion or debate, and that any state- the individual concerned to a day of adminis- a report described in subparagraph (A) as the ments relating to the matter be print- trative absence for such day. State office determines to be necessary to ed in the RECORD. (d) CONSTRUCTION.— reflect changing agricultural practices.’’. The PRESIDING OFFICER. Without (1) CONSTRUCTION WITH OTHER PAY.—Any f objection, it is so ordered. payment with respect to an individual under f subsection (a) is in addition to any other pay NOTICE OF HEARING provided by law. COMMITTEE ON HEALTH, EDUCATION, LABOR, REGARDING THE EFFORTS OF (2) CONSTRUCTION OF AUTHORITY.—It is the AND PENSIONS RAYMOND WEEKS IN THE ES- sense of Congress that— Mr. HARKIN. Mr. President, I wish to TABLISHMENT OF VETERANS (A) the sole purpose of the authority in DAY this section is to remedy administrative er- announce that the Commitee on rors; and Health, Education, Labor, and Pen- Mr. UDALL of Colorado. Mr. Presi- (B) the authority in this section is not in- sions will meet in open session on dent, I ask unanimous consent that the tended to establish any entitlement in con- Thursday, November 15, 2012, at 9:45 Senate proceed to the consideration of nection with the Post-Deployment/Mobiliza- a.m. in room SD–106 of the Dirksen S. Res. 591, which was submitted ear- tion Respite Absence program. Senate Office Building to conduct a lier today. (e) OFFSET.—The Secretary of Defense The PRESIDING OFFICER. The shall transfer $2,000,000 from the unobligated hearing entitled ‘‘Pharmacy balances of the Pentagon Reservation Main- Compounding: Implications of the 2012 clerk will report the resolution by tenance Revolving Fund established under Meningitis Outbreak.’’ title. section 2674(e) of title 10, United States Code, For further information regarding The legislative clerk read as follows: to the Miscellaneous Receipts Fund of the this meeting, please contact Elizabeth A resolution (S. Res. 591) expressing the United States Treasury. Jungman of the committee staff on sense of the Senate regarding Raymond (f) DEFINITIONS.—In this section, the terms (202) 224–6859. Weeks and his efforts in the establishment of ‘‘Post-Deployment/Mobilization Respite Ab- Veterans Day. sence program’’ and ‘‘Secretary concerned’’ f There being no objection, the Senate have the meaning given such terms in sec- AUTHORITY FOR COMMITTEES TO proceeded to consider the resolution. tion 604(f) of the National Defense Authoriza- MEET Mr. UDALL of Colorado. Mr. Presi- tion Act for Fiscal Year 2010 (Public Law dent, I ask unanimous consent that the 111–84; 123 Stat. 2350). COMMITTEE ON FOREIGN RELATIONS Mr. DURBIN. Mr. President, I ask resolution be agreed to, the preamble SA 2889. Mr. PRYOR (for himself and unanimous consent that the Com- be agreed to, and the motion to recon- Mr. BOOZMAN) submitted an amend- mittee on Foreign Relations be author- sider be laid upon the table. The PRESIDING OFFICER. Without ment intended to be proposed by him ized to meet during the session of the objection, it is so ordered. to the bill S. 3525, to protect and en- Senate on November 13, 2012, at 3 p.m., The resolution (S. Res. 591) was hance opportunities for recreational to hold a hearing entitled, ‘‘National agreed to. hunting, fishing, and shooting, and for Security Brief on Attacks in other purposes; which was ordered to The preamble was agreed to. Benghazi’’. The resolution, with its preamble, lie on the table; as follows: The PRESIDING OFFICER. Without reads as follows: At the end, add the following: objection, it is so ordered. S. RES. 591 SEC. lll. CERTAIN EXEMPTIONS RELATING TO f THE TAKING OF MIGRATORY GAME (Expressing the sense of the Senate regard- BIRDS. PRIVILEGES OF THE FLOOR ing Raymond Weeks and his efforts in the (a) SHORT TITLE.—This section may be establishment of Veterans Day) cited as the ‘‘Farmer’s Protection Act of Mr. REID. Mr. President, on behalf of Whereas November 11, 2012, is the 65th an- 2012’’. Senator LEAHY, I ask unanimous con- niversary of National Veterans Day in Bir- (b) EXEMPTIONS ON CERTAIN LAND.—Section sent that Michelle Lacko, a fellow on mingham, Alabama; 3 of the Migratory Bird Treaty Act (16 U.S.C. the Senate Judiciary Committee, be Whereas the National Veterans Day in Bir- 704) is amended by adding at the end the fol- granted privileges of the floor. mingham is the longest running celebration lowing: The ACTING PRESIDENT pro tem- of Veterans Day in the Nation; ‘‘(c) EXEMPTIONS ON CERTAIN LAND.— pore. Without objection, it is so or- Whereas, on November 11, 1946, World War ‘‘(1) IN GENERAL.—Nothing in this section dered. II veteran Raymond Weeks presented Gen- prohibits the taking of any migratory game eral Eisenhower a program design proposing bird, including waterfowl, coots, and cranes, f to replace Armistice Day with a National on or over land that— WHISTLEBLOWER PROTECTION Veterans Day in 1947; ‘‘(A) is not a baited area; and ENHANCEMENT ACT OF 2012 Whereas the very first Veterans Day cele- ‘‘(B) contains— bration was held in Birmingham by the Na- ‘‘(i) a standing crop or flooded standing Mr. UDALL of Colorado. Mr. Presi- tional Veterans Day Organization in 1947; crop, including an aquatic crop; dent, I ask that the Chair lay before Whereas President Eisenhower signed into ‘‘(ii) standing, flooded, or manipulated nat- the Senate a message from the House law on June 1, 1954, the Act proclaiming No- ural vegetation; of Representatives on S. 743. vember 11 as Veterans Day (Public Law 380; ‘‘(iii) flooded harvested cropland; or The Presiding Officer laid before the 83rd Congress); ‘‘(iv) according to a report submitted under Whereas in 1954, the National Veterans Day paragraph (2) by the applicable State office Senate the following message from the Volunteer Organization, started by Raymond of the Cooperative Extension System of the House of Representatives: Weeks, expanded to organize a multi-day Department of Agriculture, an area on which Resolved, That the bill from the Senate, S. celebration including, but not limited to, a seed or grain has been scattered solely as the 743, entitled ‘‘An Act to amend chapter 23 of Veterans Day Parade, a World Peace Lunch- result of a normal agricultural planting, har- title 5, United States Code, to clarify the dis- eon, and presentation during the National vesting, post-harvest manipulation, or nor- closures of information protected from pro- Veterans Award Dinner of the National Vet- mal soil stabilization practice. hibited personnel practices; to require a erans Award; ‘‘(2) REPORTS.— statement in nondisclosure policies, forms, Whereas these three events have been held ‘‘(A) IN GENERAL.—For purposes of making and agreements that such policies, forms, every year since 1954; a determination under paragraph (1)(B)(iv), and agreements conform with certain disclo- Whereas the briefing for President Reagan each State office of the Cooperative Exten- sure protections; to provide certain author- by Elizabeth Dole for the Presidential Citi- sion System of the Department of Agri- ity for the Special Counsel; and for other zens Medals cited Raymond Weeks as the culture shall submit to the Secretary of the purposes,’’ do pass with an amendment. ‘‘Father of Veterans Day’’;

VerDate Sep 11 2014 12:47 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR12\S13NO2.000 S13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15141 Whereas President Reagan recognized Ray- PHILIP S. GOLDBERG, OF THE DISTRICT OF COLUMBIA CHRISTINE ANN ELDER, OF VIRGINIA WANDA L. NESBITT, OF PENNSYLVANIA NINA MARIA FITE, OF PENNSYLVANIA mond Weeks as the driving force behind Vet- VICTORIA NULAND, OF CONNECTICUT ERIC ALAN FLOHR, OF MARYLAND erans Day while presenting Raymond Weeks MICHELE JEANNE SISON, OF MARYLAND DANIEL L. FOOTE, OF VIRGINIA with the Presidential Citizens Medal on No- DANIEL BENNETT SMITH, OF VIRGINIA KENNETH LEE FOSTER, OF VIRGINIA ROBERT ARTHUR FRAZIER, OF TEXAS vember 11, 1982; CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR: THOMAS G. GALLO, OF NEW JERSEY Whereas Raymond Weeks should be recog- REBECCA ELIZA GONZALES, OF TEXAS KARL PHILIP ALBRECHT, OF VIRGINIA nized for his push to honor the great men MARTHA J. HAAS, OF ARIZONA THEODORE ALLEGRA, OF COLORADO SARAH COOPER HALL, OF NEW YORK and women who have served their country BRUCE ARMSTRONG, OF FLORIDA SCOTT IAN HAMILTON, OF ILLINOIS with a special day of recognition; and CLARE A. BARKLEY, OF MARYLAND TODD PHILIP HASKELL, OF FLORIDA ROBERT I. BLAU, OF VIRGINIA ANDREW B. HAVILAND, OF IOWA Whereas Birmingham, Alabama, should be ROBERTO GONZALES BRADY, OF CALIFORNIA PETER MARK HAYMOND, OF VIRGINIA recognized for its contributions to the insti- JOHN BRIEN BRENNAN, OF VIRGINIA DENNIS WALTER HEARNE, OF NORTH CAROLINA PIPER ANNE WIND CAMPBELL, OF THE DISTRICT OF CO- BRIAN GEORGE HEATH, OF NEW JERSEY tution of Veterans Day: Now, therefore, be it LUMBIA Resolved, That the Senate— JONATHAN HENICK, OF CALIFORNIA JONATHAN RAPHAEL COHEN, OF CALIFORNIA G. KATHLEEN HILL, OF TEXAS (1) recognizes Birmingham, Alabama, as MARK J. COHEN, OF TEXAS NICHOLAS MANNING HILL, OF RHODE ISLAND the home to the first and longest running MAUREEN E. CORMACK, OF ILLINOIS JEFFREY M. HOVENIER, OF MARYLAND JOHN S. CREAMER, OF VIRGINIA GEORGE W. INDYKE, JR., OF NEW JERSEY celebration of Veterans Day; JEFFREY DELAURENTIS, OF NEW YORK ERIC A. JOHNSON, OF THE DISTRICT OF COLUMBIA (2) recognizes Raymond Weeks for his pio- LAURA FARNSWORTH DOGU, OF TEXAS GARY P. KEITH, OF OHIO neering efforts in the establishment of Vet- WALTER DOUGLAS, OF NEVADA ERIC KHANT, OF FLORIDA CATHERINE I. EBERT-GRAY, OF COLORADO YURI KIM, OF GUAM erans Day; and SUSAN MARSH ELLIOTT, OF FLORIDA KARIN MARGARET KING, OF OHIO (3) honors the sacrifices of, and pays trib- THOMAS SCOTT ENGLE, OF THE DISTRICT OF COLUMBIA DANIEL JOSEPH KRITENBRINK, OF VIRGINIA ute to, the men and women of the United MARILYN CLAIRE FERDINAND, OF VIRGINIA YAEL LEMPERT, OF NEW YORK VALERIE C. FOWLER, OF WASHINGTON JAMES MARX LEVY, OF WASHINGTON States in uniform who risk life and limb for DANIEL EDWARD GOODSPEED, OF VIRGINIA JOHN M. LIPINSKI, OF PENNSYLVANIA their country at home and overseas. WILLIAM S. GREEN, OF OHIO PATRICIA ALICE MAHONEY, OF TEXAS JERI S. GUTHRIE-CORN, OF CALIFORNIA JEANNE M. MALONEY, OF TENNESSEE f MICHAEL A. HAMMER, OF MARYLAND COLETTE MARCELLIN, OF VIRGINIA D. BRENT HARDT, OF FLORIDA CARYN R. MCCLELLAND, OF CALIFORNIA ORDERS FOR WEDNESDAY, ROBERT A. HARTUNG, OF VIRGINIA BRIAN DAVID MCFEETERS, OF NEW MEXICO NOVEMBER 14, 2012 WILLIAM A. HEIDT, OF CALIFORNIA JACQUELINE K. MCKENNAN, OF WYOMING JAMES WILLIAM HERMAN, OF WASHINGTON MARTHA L. MELZOW, OF CALIFORNIA Mr. UDALL of Colorado. Mr. Presi- THOMAS MARK HODGES, OF TENNESSEE PHILLIP ANDREW MIN, OF NEW JERSEY MARTIN P. HOHE, OF FLORIDA WILLIAM JAMES MOZDZIERZ, OF NEW YORK dent, I ask unanimous consent that CHARLES F. HUNTER, OF THE DISTRICT OF COLUMBIA KATHERINE ANNE MUNCHMEYER, OF TEXAS when the Senate completes its business MARK J. HUNTER, OF FLORIDA MICHAEL J. MURPHY, OF VIRGINIA DONALD EMIL JACOBSON, OF VIRGINIA ROBERT BARRY MURPHY, OF NEW HAMPSHIRE today, it adjourn until 2:30 p.m. on KELLY ANN KEIDERLING FRANZ, OF CALIFORNIA ROBERT WILLIAM OGBURN, OF MARYLAND Wednesday, November 14, 2012; that fol- SUNG Y. KIM, OF CALIFORNIA SHEILA R. PASKMAN, OF PENNSYLVANIA JOHN CHARLES LAW, OF VIRGINIA LISA J. PETERSON, OF NEW YORK lowing the prayer and the pledge, the RUSSELL G. LE CLAIR, JR., OF ILLINOIS ROBERT A. PITRE, OF WASHINGTON Journal of proceedings be approved to MARY BETH LEONARD, OF MASSACHUSETTS BETH L. POISSON, OF MARYLAND DONALD LU, OF CALIFORNIA ELIZABETH MABEL WHALEN PRATT, OF THE DISTRICT date, the morning hour be deemed ex- LEWIS ALAN LUKENS, OF VIRGINIA OF COLUMBIA pired, and the time for the two leaders DEBORAH RUTH MALAC, OF VIRGINIA DAVID HUGH RANK, OF ILLINOIS WILLIAM JOHN MARTIN, OF CALIFORNIA JOEL RICHARD REIFMAN, OF TEXAS be reserved for their use later in the ROBIN HILL MATTHEWMAN, OF WASHINGTON DAVID M. REINERT, OF NEW MEXICO day; that the majority leader be recog- ELIZABETH KAY WEBB MAYFIELD, OF TEXAS JOAN MARIE RICHARDS, OF CALIFORNIA JAMES P. MCANULTY, OF VIRGINIA RAYMOND D. RICHHART, JR., OF CALIFORNIA nized, and that the first hour be equal- THOMAS S. MILLER, OF MINNESOTA WILLIAM VERNON ROEBUCK, JR., OF NORTH CAROLINA ly divided and controlled between the BARRY M. MOORE, OF TEXAS MICHAEL D. SCANLAN, OF PENNSYLVANIA MICHAEL CHASE MULLINS, OF NEW HAMPSHIRE STEPHEN M. SCHWARTZ, OF NEW YORK two leaders or their designees, with the JOHN OLSON, OF CALIFORNIA JUSTIN H. SIBERELL, OF CALIFORNIA majority controlling the first half and THEODORE G. OSIUS, OF THE DISTRICT OF COLUMBIA GEORGE NEIL SIBLEY, OF CONNECTICUT ROBERT GLENN RAPSON, OF NEW HAMPSHIRE ADAM H. STERLING, OF NEW YORK the Republicans controlling the final ROBERT A. RILEY, OF FLORIDA JOHN C. SULLIVAN, OF CALIFORNIA half; and the filing deadline for first- GARY D. ROBBINS, OF WASHINGTON MELINDA TABLER-STONE, OF VIRGINIA TODD DAVID ROBINSON, OF NEW JERSEY JOHN STEPHEN TAVENNER, OF TEXAS degree amendments to S. 3525 be 4 p.m. MATTHEW M. ROONEY, OF TEXAS DEAN RICHARD THOMPSON, OF MARYLAND Wednesday. DANA SHELL SMITH, OF CALIFORNIA SUSAN ASHTON THORNTON, OF THE DISTRICT OF COLUM- DEAN L. SMITH, OF TEXAS BIA The PRESIDING OFFICER. Without PAMELA L. SPRATLEN, OF CALIFORNIA LAIRD D. TREIBER, OF THE DISTRICT OF COLUMBIA objection, it is so ordered. STEPHANIE SANDERS SULLIVAN, OF MARYLAND JEFFREY A. VANDREAL, OF TEXAS SUSAN M. SUTTON, OF VIRGINIA LISA ANNETTE VICKERS, OF CALIFORNIA f MICHAEL EMBACH THURSTON, OF WASHINGTON SAMUEL ROBERT WATSON III, OF VIRGINIA PAUL ALLEN WEDDERIEN, OF CALIFORNIA DONNA ANN WELTON, OF THE DISTRICT OF COLUMBIA PROGRAM ALICE G. WELLS, OF VIRGINIA TERRY JOHN WHITE, OF OREGON THOMAS E. WILLIAMS, JR., OF VIRGINIA STEPHANIE TURCO WILLIAMS, OF TEXAS Mr. UDALL of Colorado. Mr. Presi- ROBERT A. WOOD, OF NEW YORK EUGENE STEWART YOUNG, OF THE DISTRICT OF COLUM- UZRA S. ZEYA, OF FLORIDA BIA dent, earlier today, cloture was filed on BENJAMIN G. ZIFF, OF CALIFORNIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, S. 3525, the Sportsmen’s Act. Under the THE FOLLOWING-NAMED CAREER MEMBERS OF THE CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND rule, the cloture vote will occur on FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR SECRETARIES IN THE DIPLOMATIC SERVICE OF THE FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF UNITED STATES OF AMERICA: Thursday morning. THE SENIOR FOREIGN SERVICE OF THE UNITED STATES ROBERT L. ADAMS, OF VIRGINIA f OF AMERICA, CLASS OF COUNSELOR: THOMAS A. BARNARD, OF VIRGINIA DAVID W. ABELL, OF ARKANSAS FRANCIS JOHN BRAY, JR., OF CALIFORNIA ADJOURNMENT UNTIL 2:30 P.M. ARUNA S. G. AMIRTHANAYAGAM, OF NEW YORK CARMEN MARGARITA CASTRO, OF VIRGINIA TANYA CECELIA ANDERSON, OF PENNSYLVANIA RONNIE S. CATIPON, OF VIRGINIA TOMORROW MICHAEL ADAM BARKIN, OF FLORIDA DAVID F. COOPER, OF FLORIDA PETER HENRY BARLERIN, OF MARYLAND EDWIN W. DALY, OF VIRGINIA Mr. UDALL of Colorado. If there is SUSAN TEBEAU BELL, OF SOUTH CAROLINA CRAIG DICKER, OF MARYLAND no further business to come before the VIRGINIA LYNN BENNETT, OF GEORGIA MARK S. GRAVES, OF VIRGINIA RANDY W. BERRY, OF COLORADO EDWIN GUARD, OF VIRGINIA Senate, I ask unanimous consent it ad- BRUCE BERTON, OF WASHINGTON CHARLES J. HORKEY, OF FLORIDA journ under the previous order. DONALD ARMIN BLOME, OF ILLINOIS RICHARD J. INGRAM, OF VIRGINIA ANDREW NORBU BOWEN, OF TEXAS MICHAEL P. KANE, OF VIRGINIA There being no objection, the Senate, SUE LENORE BREMNER, OF CALIFORNIA KEVIN J. KILPATRICK, OF INDIANA at 6:55 p.m., adjourned until Wednes- MARIA E. BREWER, OF INDIANA GREGARY JAMES LEVIN, OF CALIFORNIA NATALIE EUGENIA BROWN, OF VIRGINIA JEFFREY D. LISCHKE, OF VIRGINIA day, November 14, 2012, at 2:30 p.m. GREGORY S. BURTON, OF VIRGINIA KATHLEEN G. LIVELY, OF VIRGINIA f BRENT DONALD BYERS, OF VIRGINIA THOMAS G. MCDONOUGH, OF MARYLAND PAUL MICHAEL CANTRELL, OF CALIFORNIA BRIAN J. MCKENNA, OF MARYLAND NOMINATIONS LISA MARIE CARLE, OF CALIFORNIA PATRICK J. MOORE, OF FLORIDA JOHN LESLIE CARWILE, OF MARYLAND WAYNE F. QUILLIN, OF NEW YORK Executive nominations received by LAURENT D. CHARBONNET, OF LOUISIANA JOHN H. RENNICK, OF TEXAS CRAIG LEWIS CLOUD, OF FLORIDA SUSAN B. SUMMERS, OF VIRGINIA the Senate: NANCY LYNN CORBETT, OF CALIFORNIA ROBERT W. WEITZEL, OF VIRGINIA FOREIGN SERVICE GREGGORY D. CROUCH, OF THE DISTRICT OF COLUMBIA IN THE ARMY DON D. CURTIS, OF MARYLAND THE FOLLOWING-NAMED CAREER MEMBERS OF THE JOHN J. DAIGLE, OF LOUISIANA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF JOEL DANIES, OF THE DISTRICT OF COLUMBIA IN THE UNITED STATES ARMY TO THE GRADE INDICATED STATE FOR PROMOTION INTO AND WITHIN THE SENIOR JOHN WINTHROP DAYTON III, OF TEXAS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOREIGN SERVICE TO THE CLASSES INDICATED: NICHOLAS JULIAN DEAN, OF VIRGINIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ROBIN D. DIALLO, OF CALIFORNIA To be general OF THE UNITED STATES OF AMERICA, CLASS OF CAREER JOHN WALTER DINKELMAN, OF WYOMING MINISTER: BRIAN P. DOHERTY, OF FLORIDA GEN. DAVID M. RODRIGUEZ

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL T. STERNEMANN UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, IN THE UNITED STATES ARMY TO THE GRADE INDICATED TRACIE L. SWINGLE U.S.C., SECTIONS 531 AND 3064: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JENNIFER M. THERIAULT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PAMELA D. TOWNSEND-ATKINS To be major To be general To be major DEREK D. HYUN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR BRIAN R. ALLEN LT. GEN. JOHN F. CAMPBELL APPOINTMENT TO THE GRADE INDICATED IN THE BRIAN M. BOGUMIL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES ARMY VETERINARY CORPS UNDER KIMBERLY A. BOGUMIL IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TITLE 10, U.S.C., SECTIONS 531 AND 3064: SARAH E. BYRON-SMITH CATED UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL J. CALLOWAY To be major To be brigadier general ERIC D. DEAN JENNIFER M. DEVENERE MICHAEL T. SIMPSON COL. PETER A. BOSSE JEFFREY W. DRAKE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AMY E. DWYER TO THE GRADE INDICATED IN THE UNITED STATES ARMY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- AMY M. FISHER UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 12203: LISA FLORES JULIE C. GARRETT To be lieutenant colonel To be brigadier general RYAN M. GASSMAN MICHAEL D. PIERCE AARON H. GRUCHOW COL. JOSEPH E. WHITLOCK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARCY S. HAYWOOD TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN ERICH HEIN AS A CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 IN THE RESERVE OF THE ARMY TO THE GRADE INDI- THEODOSIA FLORIA HILL AND 3064: CATED UNDER TITLE 10, U.S.C., SECTION 12203: SHAWN L. HORGES To be major general JOSEPH ALAN HUDSON To be lieutenant colonel KERRY ELIZABETH HUTCHINGS BRIG. GEN. KAREN E. LEDOUX JENNIFER LEE IDELL TAMMIE E. CREWS VANESSA A. JOHNSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL TODD KEELEY IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TO THE GRADE INDICATED IN THE UNITED STATES ARMY CRISTY A. LONG CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: DOREEN M. LONG To be major general TARA E. LOVELL To be major NICOLE A. LUCAS BRIG. GEN. DAVID G. CLARKSON KENNETH M. JORDAN TIFFANY D. MADISON SUZANNE MCNELLIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EZEKIEL S. MALONE IN THE UNITED STATES ARMY TO THE GRADE INDICATED BRETT J. MAZEY THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CYNTHIA K. MCGEE POINTMENT IN THE GRADES INDICATED IN THE UNITED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RAYMOND A. MILLER, JR. STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., ANDRES MUNERA SECTIONS 531 AND 3064: To be lieutenant general CHARLOTTE E. MURPHY To be lieutenant colonel MAJ. GEN. MARK A. MILLEY PAWEL NOWACKI MARLO P. OBCEMEA MADLENE M. ESKAROSE IN THE MARINE CORPS CHRISTOPHER D. OHLEMACHER JON D. WAGNER RORY A. PETERSON To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOAH H. PLAISANCE AS ASSISTANT COMMANDANT OF THE MARINE CORPS, PHILLIP K. POPE ALEXANDER K. JHANG AND APPOINTMENT TO THE GRADE INDICATED WHILE JOSEPH DANYLE POPHAM, JR. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- MARC A. RITTBERG APPOINTMENT TO THE GRADES INDICATED IN THE SIBILITY UNDER TITLE 10, U.S.C., SECTION 5044 AND 601: MARK A. SABROSKI UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, BRANDI L. SELLERS To be general U.S.C., SECTIONS 531 AND 3064: RANDALL C. SHIFLETT LT. GEN. JOHN M. PAXTON, JR. SAMUEL A. SPRALLS IV To be lieutenant colonel DONALD A. STEEL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MILTON J. FOUST IN THE UNITED STATES MARINE CORPS TO THE GRADE STEPHANIE A. STEMEN ILISA S. STILLMAN SANDEEP R. RAHANGDALE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- BALDEV S. SEKHON TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., GARY N. SUTTLES SECTION 601: DANIEL T. TOWNSEND To be major JACK VILARDI To be general MATTHEW J. WEBER CHARLES E. LERNER SPENCER D. WIGHT THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- GEN. JOSEPH F. DUNFORD, JR. FELISA L. WILSON POINTMENT IN THE GRADES INDICATED IN THE UNITED IN THE NAVY IN THE ARMY STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED TO THE GRADE INDICATED IN THE RESERVE OF THE To be colonel WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY UNDER TITLE 10, U.S.C., SECTION 12203: WILLIAM T. MONACCI RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be colonel To be lieutenant colonel To be vice admiral ALAN F. POMAVILLE ROBERT W. DESVERREAUX REAR ADM. KENNETH E. FLOYD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major IN THE AIR FORCE IN THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: FRITZJOSE E. CHANDLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel IAN M. HEGER TO THE GRADES INDICATED IN THE UNITED STATES AIR LAWRENCE W. REINISH FORCE UNDER TITLE 10, U.S.C., SECTION 624: JAMES BENTLEY HUA C. YANG To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY DEMEA A. ALDERMAN UNDER TITLE 10, U.S.C., SECTION 624: VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS ELBERT R. ALFORD IV 624 AND 3064: GREGORY T. BALDWIN To be colonel ANGELA M. BLACKWELL To be colonel VINCENT D. THOMPSON PAMALA L. BROWN-GRAYSON STEPHEN J. DALAL FELICIA L. BURKS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID J. FLETCHER PEDRO BURTON-TAYLOR TO THE GRADE INDICATED IN THE UNITED STATES ARMY TIMOTHY L. SETTLE LYNNE M. BUSSIE UNDER TITLE 10, U.S.C., SECTION 624: LAUREN HUDSON BYRD To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK S. CHOJNACKI TO THE GRADE INDICATED IN THE RESERVE OF THE TIMOTHY J. CHRISTISON LUIS F. DIAZ ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MARK E. CLEVELAND THE FOLLOWING NAMED OFFICER FOR REGULAR AP- To be colonel MARK E. CRUISE POINTMENT IN THE GRADE INDICATED IN THE UNITED NATHANIEL R. DECKER STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: JESSE J. ABBOTT TROY M. T. DILLON KEVIN J. CRAMM MICHAEL D. DINKINS To be major WILLIAM C. PREWITT THOMAS S. FARMER RONALD A. SPITLER DAVID C. BUCKHANNON DEAN K. FARREY RHETT M. STARNES DOLPHIS Z. HALL THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOAN L. HOYTE POINTMENT IN THE GRADE INDICATED IN THE UNITED TO THE GRADE INDICATED IN THE UNITED STATES ARMY KIRK T. JENKINS STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., DONALD E. KOTULAN To be major SECTIONS 624 AND 3064: CHARLES E. MAREK, JR. MARYANN I. MARQUEZ ANTHONY CASCARANO To be colonel CHESTER L. MARTIN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR TERESA M. MIRWALD JOHN E. BALSER APPOINTMENT TO THE GRADE INDICATED IN THE LEE M. NENORTAS SONYA J. CABLE UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, LAURIE V. PETERS LESLEE K. FUNDERBURK U.S.C., SECTIONS 624 AND 3064: MARK D. REYNOLDS MATTHEW B. GARBER STEPHANIE K. RYDER To be major SCOTT W. SHAFFER KEVIN M. SCHULTZ THE FOLLOWING NAMED ARMY NATIONAL GUARD OF VIRGIL L. SCOTT RENA L. P. HOPE THE UNITED STATES OFFICERS FOR APPOINTMENT TO ALTAN A. SHAFFER THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR THE GRADE INDICATED IN THE RESERVE OF THE ARMY TIMOTHY W. SMITH APPOINTMENT TO THE GRADE INDICATED IN THE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211:

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STEVENSON WILLIAM J. LANE THE UNITED STATES OFFICERS FOR APPOINTMENT TO BRUCE C. SYVINSKI CAROLA J.G. LIST THE GRADE INDICATED IN THE RESERVE OF THE ARMY LAURA R. TRINKLE THOMAS S. MACDONALD UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ALAN K. UEOKA RICHARD M. WEBB SEAN C. MACKENZIE To be colonel D011046 EDWARD J. MAROHN DAVID G. MCCLELLAN GREGORY M. BARROW IN THE NAVY PATRICK S. MCELLIGATT LAURA L. CLELLAN KEITH P. MCTIGUE CHARLES G. CODY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW T. MEILSTRUP STANLEY E. GOLABOFF TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK J. MORIN JOHN D. HAAS UNDER TITLE 10, U.S.C., SECTION 624: MITCHELL A. MORRISON MICHAEL K. HOUSTON To be lieutenant commander ANDREW D. MYERS JOSEPH M. LYLES, JR. LEE B. MYNATT JOHN K. MULLER TERRY N. TRAWEEK JASON D. NEUBAUER BRIAN C. PIERCE JAMES A. PASSARELLI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADAM L. ROBINSON STEPHEN E. RANEY IN THE GRADE INDICATED IN THE UNITED STATES NAVY VERNON H. SIMPSON, JR. JOHN D. REEVES UNDER TITLE 10, U.S.C., SECTION 624: TROY J. SOUKUP SEAN P. REGAN STEVE G. STEVENS To be lieutenant commander BRIAN W. ROCHE JAMES E. VALLEE PATRICK A. ROPP THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEFANIE M. WHEELBARGER AARON E. ROTH TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOSE A. SALICETI JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, MENT TO THE GRADE INDICATED IN THE UNITED STATES EDWARD W. SANDLIN U.S.C., SECTIONS 624 AND 3064: NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY J. SCHANG RONALD K. SCHUSTER To be colonel To be captain ROBERT L. SMITH JOSEPH H. SNOWDEN GREGORY L. BOWMAN CARL A. RIDDICK JONATHAN S. SPANER KAREN H. CARLISLE THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JAMES P. SPOTTS GARY P. M. CORN MENT TO THE GRADE INDICATED IN THE REGULAR NAVY MIKEAL S. STAIER WENDY P. DAKNIS UNDER TITLE 10, U.S.C., SECTION 531: TODD R. STYRWOLD JEFFREY C. HAGLER ERICH M. TELFER RICK S. LEAR To be lieutenant commander JEFFERY W. THOMAS JAMES R. MCKEE, JR. RICHARD V. TIMME CRAIG E. MERUTKA KEVIN S. HART WILLIAM R. TIMMONS JOHN N. OHLWEILER MICHAEL J. JACQUES GARY L. TOMASULO ROBERT T. PENLAND, JR. IN THE COAST GUARD JONATHAN W. TOTTE PAUL J. PERRONE, JR. JOHN C. VANN JUAN A. PYFROM PURSUANT TO TITLE 14, U.S. CODE, SECTIONS 189 AND ROBERT W. WARREN PAULA I. SCHASBERGER 276, THE FOLLOWING NAMED OFFICERS OF THE COAST TIMOTHY J. WENDT FRANCISCO A. VILA GUARD PERMANENT COMMISSIONED TEACHING STAFF EDWARD A. WESTFALL D011022 FOR APPOINTMENT TO THE GRADES INDICATED IN THE JEFFREY C. WESTLING UNITED STATES COAST GUARD: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY D. WISENER TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be captain STEVEN P. WITTROCK NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND PURSUANT TO TITLE 14, U.S. CODE, SECTION 271(E), THE 3064: BRIGID M. PAVILONIS FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO To be colonel To be lieutenant commander THE GRADE INDICATED IN THE UNITED STATES COAST GUARD: TRACY L. BAKER VICTORIA C. FUTCH JEAN M. BARIDO To be commander PURSUANT TO TITLE 10, U.S. CODE, SECTION 12203, THE ANTHONY J. BOHLIN FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO MATTHEW P. BARKER ANNE C. BROWN THE GRADE INDICATED IN THE UNITED STATES COAST MICHAEL W. BATCHELDER LAURA L. FEIDER GUARD RESERVE: JOSHUA D. BAUMAN LOZAY FOOTS III ADAM G. BENTLEY PABLITO R. GAHOL To be captain DAMON L. BENTLEY HEATHER B. GUESS KENNETH E. BLAIR JUDITH M. HAWKINS BARBARA A. ANDERSON KENNETH J. BODA TIMOTHY L. HUDSON ELIZABETH S. BECKER CAMILLA B. BOSANQUET NICOLE L. KERKENBUSH JAMES M. BRADSHAW ROY R. BRUBAKER JANET R. KROPF STEPHEN K. BROWNING JOANN F. BURDIAN MARC A. LEWIS ANDREW T. GRENIER ANDREW T. CAMPEN SANDRA L. MCNAUGHTONNELSON CRAIG R. HENZEL SCOTT S. CASAD JENIFER A. MENO PAUL J. KOSIBA CHRISTOPHER R. CEDERHOLM JAMES L. PERRINE RICHARD P. MCLOUGHLIN JOHN R. COLE JENNIFER D. PETERSBUTLER MARY A. MERLIN ROBERT C. COMPHER RICHARD M. PRIOR DARREN M. MOORE CHAD W. COOPER DAVID C. RINALDI MARK M. MURAKAMI NATHAN E. COULTER KATHERINE E. TAYLOR RAYMOND A. MURRAY JOANDREW D. COUSINS LINDA A. VALDIRI RICHARD K. NELSON CHARLES C. CULOTTA CATHY M. WALTER JOHN P. NOLAN CORNELIUS E. CUMMINGS KENDRA P. WHYATT SEAN K. O’BRIEN SHAWN E. DECKER GAYLA W. WILSONDUNN JEFFREY K. PASHAI RONALD C. RICHARD MICHAEL E. DELURY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES T. SCHEEL STEPHEN A. DEVEREUX TO THE GRADE INDICATED IN THE UNITED STATES ARMY PAUL J. SMITH JOHN T. DEWEY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- KENNETH G. STEFANISIN JOSE E. DIAZ TIONS 624 AND 3064: JOHN R. DITTMAR To be colonel PURSUANT TO TITLE 14, U.S. CODE, SECTION 271, THE KEITH M. DONOHUE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO ERIC D. DREY BRIAN ALMQUIST THE GRADE INDICATED IN THE UNITED STATES COAST JEROME E. DUBAY BEVERLY A. BEAVERS GUARD: MIA P. DUTCHER CHADWICK A. BOWERS To be captain TIMOTHY W. EASON TODD J. BRIERE DAMON C. EDWARDS CARLTON C. BRINKLEY CHARLES G. ALCOCK JEFFREY T. ELDRIDGE DAVID J. BROYHILL MICHAEL S. ANTONELLIS JANET D. ESPINOYOUNG JENNIFER B. CACI MICHAEL A. BAROODY MATTHEW R. FARNEN REAGON P. CARR KEVIN F. BRUEN SARAH K. FELGER PEDRO A. CASAS MARK J. BRUYERE KEVIN B. FERRIE DEREK C. COOPER JOSEPH R. BUZZELLA TODD A. FISHER ROBERT S. CORNES PETER J. CLEMENS TED R. FOWLES JOHN P. CUELLAR AMY B. COCANOUR MICHAEL E. FRAWLEY ELLEN S. DALY BENJAMIN A. COOPER TANYA L. GILES PAUL J. DEAN DEAN J. DARDIS MICHAEL J. GOLDSCHMIDT MARK J. DOLE BENJAMIN L. DAVIS MICHAEL D. GOOD MARSHA M. DOROUGH ANDRES V. DELGADO HANS C. GOVERTSEN PETER N. EBERHARDT TIMOTHY D. DENBY CHARLES M. GUERRERO AUSTIN W. ELLIOTT DENNIS C. EVANS TIM A. GUNTER LAURA M. ELLIOTT KENT W. EVERINGHAM THOMAS T. HARRISON DERRICK W. FLOWERS CHARLES E. FOSSE ROBERT E. HART

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HEATH A. HARTLEY JOHN F. MCCARTHY ANITA M. SCOTT CASEY J. HEHR RANDY F. MEADOR ARTHUR R. SHUMAN JONATHAN N. HELLBERG MICHAEL L. MEDICA DAVID M. SHERRY SCOTT C. HERMAN TIMOTHY G. MEYERS MICHAEL J. SIMBULAN ANNA W. HICKEY ALAN H. MOORE JENNIFER L. SINCLAIR NAKEISHA B. HILLS ELLIS H. MOOSE LORING A. SMALL CHRISTOPHER M. HUBERTY ANNE M. MORRISSEY DEREK L. SMITH CHRISTOPHER J. HULSER ULYSSES S. MULLINS ERIC A. SMITH AUSTIN R. IVES KENNETH T. NAGIE SHAD S. SOLDANO THOMAS A. JACOBSON RAYMOND NEGRON JAMES W. SPITLER JEFFREY H. JAGER DAVID J. OBERMEIER DOUGLAS K. STARK DAVID M. JOHNSTON SEAN J. OBRIEN JOHN M. STONE DANIEL C. JONES THOMAS A. OLENCHOCK WARREN D. JUDGE REBECCA E. ORE VASILIOS TASIKAS SEAN R. KATZ LUIS C. PARRALES ROMUALDUS M. TENBERGE RICHARD J. KAVANAUGH SCOTT W. PEABODY MICHAEL D. THOMAS BRIAN R. KHEY LUKE A. PERCIAK MATTHEW A. THOMPSON MICHAEL L. KILMER PATRICK F. PESCHKA SOLOMON C. THOMPSON JARED E. KING JUSTIN D. PETERS RUSSELL R. TORGERSON BRADLEY J. KLIMEK HARPER L. PHILLIPS GREGORY M. TOZZI PERRY J. KREMER TRACY O. PHILLIPS CHRISTOPHER A. TRIBOLET CHARLES F. KUEBLER SCOTT S. PHY CLINTON A. TROCCHIO JOSEPH T. LALLY FRANK A. PIERCE BRYAN J. ULLMER DANIEL F. LEARY KEITH J. PIERRE JAMES A. VALENTINE ERIN M. LEDFORD SHANNON M. PITTS EVA J. VANCAMP JACQUELINE M. LEVERICH ALISA L. PRASKOVICH PAUL G. VOGEL ANDREW H. LIGHT STEVEN E. RAMASSINI DAVID M. WEBB LEXIA M. LITTLEJOHN JACOB J. RAMOS TYSON S. WEINERT CHAD A. LONG RODRIGO G. ROJAS MOLLY A. WIKE KEVIN P. LYNN MATTHEW A. RUDICK TERENCE J. WILLIAMS SUSAN M. MAITRE ROSARIO M. RUSSO KEVIN M. WILSON ERIC D. MASSON BELINDA C. SAVAGE NICHOLAS L. WONG HARRY D. MAUTTE CLINT B. SCHLEGEL ANDREW J. WRIGHT

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HONORING SHIRLEE AND TAYLOR els of ground on this project. The JFK Tribute During his tenure, Chief Lotti has worked on GANDY in Fort Worth will be complete in the fall of many homicide investigations, fatal accidents, 2012. even a pipe bombing case, but he says the HON. KAY GRANGER When the Tribute opens in General Worth most rewarding part of the job is helping peo- OF TEXAS Square on Main Street, the themes of the ple in need and giving back to the commu- IN THE HOUSE OF REPRESENTATIVES Kennedy Presidency will find a new public out- nity—both out in the field and at the station. let for expression. His last public address and He has been a mentor to his fellow officers Tuesday, November 13, 2012 his Fort Worth visit will be remembered in who appreciate his optimism and great sense Ms. GRANGER. Mr. Speaker, for the last bronze and granite. of humor. three years Shirlee and Taylor Gandy of Fort And perhaps just as importantly, the warm, He has volunteered as a little league umpire Worth, Texas, have dedicated themselves to genuine, enthusiastic reception President Ken- and sits on the board of directors for the North preserving an important piece of both Fort nedy received in Texas that has been so long County Food Pantry and Dining Center of Daly Worth and American history. overshadowed by an act of atrocity, will also City. On November 22, 1963, President John F. be remembered. Chief Lotti, a lifetime resident of San Mateo Kennedy awoke in Fort Worth to find thou- On behalf of the people of Fort Worth, County, was born in San Mateo, grew up in sands of people standing in the cold rain out- Texas and the United States of America, I San Bruno, attended Terra Nova High School side his hotel. wish to formally thank Shirlee J. and Taylor in Pacifica, and received his AA from Skyline The President was in Texas to unify his Gandy for their leadership in the creation of College in 1982. He earned his BS in Human party leading up to the 1964 election. That the JFK Tribute in Fort Worth. Services Administration and MPA in Public rainy day in Fort Worth, he delivered two f Administration from the College of Notre speeches. The first was delivered to the crowd Dame in 1992 and 1997 respectively. waiting for him outside the Hotel Texas, and IN RECOGNITION OF ROBERT In his well deserved retirement, Chief Lotti is the second to the Chamber of Commerce. LOUIS LOTTI, II looking forward to spending more time with his The President greeted the crowd outside, wife of 26 years, Karen, and their four chil- shook hands, and gave a short but rousing HON. JACKIE SPEIER dren. speech received with excitement by those in OF CALIFORNIA Mr. Speaker, I ask the House of Represent- attendance. He spoke of the progress our na- IN THE HOUSE OF REPRESENTATIVES atives to rise with me to honor Chief Robert tion was making, as well as the challenges we Tuesday, November 13, 2012 Louis Lotti, II on the occasion of his retirement faced. He in turn famously challenged the after making our Peninsula communities and American people to bear the burdens of lead- Ms. SPEIER. Mr. Speaker, I rise to honor residents safer for three decades. Chief Robert Louis Lotti, II for his 30 years of ership. f Inside the hotel’s ballroom, the President service at the Belmont and Colma Police De- addressed the Chamber gathering, speaking partments. IN RECOGNITION OF SGT. STEVEN of national defense and Fort Worth’s historic Robert Lotti started his law enforcement ca- B. DAVIDSON role in the effort. reer in 1984 as an officer with the Belmont He left Fort Worth to a tickertape parade Police Department. Three years later he was HON. MICHAEL C. BURGESS and the words of his final two speeches faded assigned to the traffic division as a motorcycle OF TEXAS quickly in the wake of the tragic events that officer. In 1990, he was promoted to sergeant IN THE HOUSE OF REPRESENTATIVES followed. The citizens of Fort Worth, the na- and served as a SWAT team member, team Tuesday, November 13, 2012 tion, and the world had just heard the final leader, and tactical commander. In 1997 and public thoughts of President John F. Kennedy. 2000 he completed two assignments as acting Mr. BURGESS. Mr. Speaker, I rise today to His visit was a triumph and his remarks, as commander. In 2000, he was assigned as de- honor SGT Steven B. Davidson. He is the much then as now, bear remembering. tective sergeant to the investigations bureau. human resource specialist with the U.S. Army Nearly 50 years after the President’s death, After protecting the residents of Belmont for Reserve’s 490th Civil Affairs Battalion and cur- Shirlee and Taylor Gandy have championed 18 years, Sergeant Lotti moved to the Colma rently attends the University of North Texas. the effort to pay tribute to John Fitzgerald Police Department where he was hired as first Sergeant Davidson was honored earlier this Kennedy, his Presidency, and his historic Fort commander. Within less than a year, he was year for his exemplary service to his country Worth visit. promoted to chief in May of 2003. and his community as the 2012 Army Times The Gandys led the cause, making a gen- Chief Lotti’s dedication, commitment and Soldier of the Year. erous personal commitment to start the professionalism are reflected in his many ac- Sergeant Davidson, along with several oth- project, which includes a completed 8′ bronze complishments, and awards. He is a founding ers from his unit, was given the opportunity to sculpture of the President by Texas artist Law- member and architect of the San Mateo Coun- participate in a French Desert Warfare Course rence Ludtke. ty Sheriff’s Office regional SWAT Team, a in Djibouti, Africa. Having endured days of They assembled a committee of friends and weaponless defense instructor, Academy in- food, water, and sleep deprivation, the soldiers members of Downtown Fort Worth, Inc. to structor, and inner perspectives facilitator. embarked on the final march of the rigorous guide the process. But perhaps their most im- From 2003–2012 he served on the San Mateo ten-day course. After marching for nine hours pressive contribution to the cause was their County Police Chief’s and Sheriff Associa- in 120 degree debilitating temperatures, one time. tion—in 2009 as president. Since 2005 he has man collapsed and began seizing due to heat They personally labored over all the pains- been on the Board of Directors of the North stroke. Sergeant Davidson went to his aid, taking details necessary to the project. Their Peninsula Food Pantry. He also served the cutting off the man’s boots and uniform; he uti- labors were rewarded with a beautiful sculp- San Mateo County Gang Task Force, the lized the cut-up uniform pieces as bandages ture, handsome tribute design and a success- Academy Advisory Board, and the Realign- and applied the remaining scarce water to the ful fundraising campaign. On February 27th of ment Committee. In 1987, the Peninsula fallen soldier. He was able to revive and sta- this year, the Gandys were joined by Fort Council of Lions honored him with the Police bilize his condition and saved the master ser- Worth and Tarrant County dignitaries, includ- Heroism Award and in 1996, he received a geant’s life. ing former Speaker of the U.S. House of Rep- commendation from the Belmont Police De- Sergeant Davidson graduated with honors resentatives, Jim Wright, to turn the first shov- partment. from the course in Djibouti and received an

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

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In addition, he helped cre- Refuge in 1995 in recognition of Congressman Big Brothers Big Sisters, mentors at-risk ate the School Personnel Credit Union and led Don Edwards’ efforts to protect sensitive wet- youth, and gives motivational speeches to ele- that organization for 17 years, contributing as lands in the South San Francisco Bay. mentary, middle and high school students. a board member, secretary and president. I join in congratulating the Don Edwards Perhaps his most profound gesture was pre- After retiring, Mr. Heckman began a suc- San Francisco Bay National Wildlife Refuge senting his Air Achievement Medal to the man cessful business tuning pianos. At 87, Mr. on its 40th anniversary and I applaud the com- who taught him life saving techniques and Heckman continues to play the trombone with mitment of all who have contributed over served as a mentor, his Northwest High a group of local musicians. Mr. Heckman be- these many years to preserving and protecting School athletic trainer. lieves that music is a lifetime adventure, and our precious San Francisco Bay. Sergeant Davidson has demonstrated a he’s been playing the trombone since he was f deep passion for his country and his commu- 7 or 8 years old. nity. I want to express my appreciation for his Family has always been an important part of IN RECOGNITION OF THE HOLY commendable efforts on behalf of his fellow Mr. Heckman’s life. He enjoys spending time ANGELS CLASS OF 1969 citizens within the 26th District and for his val- with his son, Mark, and his daughter-in-law, uable service to the State of Texas and our Kathy, who live locally. His twin daughters, HON. JACKIE SPEIER great Nation. Patty and Tina, both live in Gridley, California. OF CALIFORNIA f Mr. Heckman is also the proud grandfather of IN THE HOUSE OF REPRESENTATIVES David, Sean, Kelly and JW, and the great- Tuesday, November 13, 2012 IN RECOGNITION OF WARREN grandfather of James. HECKMAN Mr. Speaker, I ask this body to rise with me Ms. SPEIER. Mr. Speaker, I rise to honor a to honor the outstanding service of Warren rare and special occasion for 45 individuals HON. JACKIE SPEIER Heckman to the city of South San Francisco who went to grammar school together 43 OF CALIFORNIA and the whole of San Mateo County. He was years ago. It is nothing short of remarkable IN THE HOUSE OF REPRESENTATIVES a role model for other teachers, a beacon for that two thirds of the Holy Angels Class of 1969 will gather on this day of November 10, Tuesday, November 13, 2012 his students, and he will be remembered as an exceptional human being for many years to 2012 to reminisce and exaggerate old stories. Ms. SPEIER. Mr. Speaker, I rise to honor come. The Sisters of the Holy Infant Jesus taught Warren Heckman who has spent his life serv- f at Holy Angels, a Catholic school founded in ing our community and sharing his passion for 1952. music with those around him. COMMEMORATING THE 40TH ANNI- The Class of 1969 consisted of 45 students: As a teacher and band instructor, Mr. Heck- VERSARY OF THE DON EDWARDS Donna Abrahamsohn, Charlene Behnke, Rob- man brought the joy of music to hundreds of SAN FRANCISCO BAY NATIONAL ert Bernie, Kevin Chapot (deceased 2010), students for more than thirty years. He started WILDLIFE REFUGE Raymond Ciardella, Shirley Conti, Richard teaching at South San Francisco High School Delgado, Mary Dillon, John Gallagher, Robert in 1950, and created the Blue Knights, a jazz HON. FORTNEY PETE STARK Gerughty, Randy Golobic, Susan Gomez, Jo- ensemble that won countless awards and put OF CALIFORNIA seph Gordon, Kathleen Griffin, Dennis Harvey, South San Francisco High School’s music pro- IN THE HOUSE OF REPRESENTATIVES Stephen Haught, Loretta Kelly, Patricia Kerns, gram on the map. The Blue Knights were one Catherine Lapachet, Carole Lindsey, Patrick of the first high school jazz ensembles and Tuesday, November 13, 2012 McLoughlin, James McCarthy, Maura Moran, paved the way for similar programs around the Mr. STARK. Mr. Speaker, I rise today to pay Paul Nannini, Bruce Olmanson, Thomas country. This jazz group is still part of South tribute to the 40th anniversary of the creation O’Shea, Mary Pinelli, George Putkey, Eliza- San Francisco High School’s music program of the Don Edwards San Francisco Bay Na- beth Randall, Timothy Rea, Marie Antoinette today. tional Wildlife Refuge, the first urban national Rodriguez, Mary Rushka, Kimberly Seitz, Mr. Heckman’s passion for music spread to Wildlife Refuge established in the United Debra Sola, Terrie Sottile, Marialena Spadaro, his students, many of whom have remained in States. The Refuge is dedicated to preserving George Tinetti, Barbara Trapp, Robert Trapp, touch with him. In 2006, 180 former Blue and enhancing wildlife habitat, protecting mi- Linda Tricerri, Peter Woolery, Nina Varni, Knights from around the country gathered to- gratory birds, protecting threatened and en- Thomas York, David Zanini, and Loretta gether for a reunion. Many of them continue to dangered species, and providing opportunities Zolezzi. play music, both recreationally and profes- for wildlife-oriented recreation and nature By today’s standards, a class of 45 is un- sionally, a testament to Mr. Heckman’s influ- study for the surrounding communities of the heard of, but the Holy Angels students assert ence on his pupils at such a transformative south San Francisco Bay area. that it didn’t harm any of them in their later age. As of 2004, the Refuge spans 30,000 acres lives. They moved on to careers in teaching, In 1958, Mr. Heckman received his Master’s of diverse habitats throughout South San public safety, law enforcement, the military, degree from San Francisco State University. Francisco Bay, including open bay, salt ponds, the medical field, and more. Many of them He also earned a Bachelor of Arts Degree in salt marshes, mudflats, upland areas and stayed right here in the Colma and Daly City Music in 1949 and a teaching credential in vernal pools. Located along the Pacific area, home to Holy Angels. 1950 from the University of California-Berkeley Flyway, the Refuge hosts over 280 species of The class of 1969 was the first second where he met his wife, Marie, who has since birds each year. Millions of shorebirds and wa- grade class to celebrate their First Holy Com- passed away. terfowl stop to refuel at the Refuge during the munion in 1963, a year after Holy Angels During World War II, Mr. Heckman served spring and fall migration. In addition to its sea- church was built. All of the teachers at the his country in the United States Navy. He en- sonal visitors, the Refuge provides critical school were nuns, except for Miss Sandy tered the Navy in 1943 one month after grad- habitat to resident species like the endangered Sheffield—unanimously voted everyone’s fa- uating from high school. He attended college California clapper rail and salt marsh harvest vorite teacher in the 4th grade for her innova- in Missouri for 18 months, then transferred to mouse. Today, hundreds of thousands of peo- tive and fun teaching style. Until Miss Sheffield midshipman school at Cornell University ple visit the Refuge each year to enjoy its di- brought in a pin˜ata, most students had never where he received his commission in May verse wildlife and habitats. seen one. 1945. He attended Fire Control School in Fort The Don Edwards San Francisco Bay Na- Another teacher bringing fond memories to Lauderdale, Florida and was stationed aboard tional Wildlife Refuge is part of a complex of the students is Miss Whitney who taught all the aircraft carrier USS Midway CV–41. As a six other wildlife refuges in the San Francisco the dance routines for the annual May Day Fire Control Officer he spent one year on Bay Area. Created by legislation signed by festivities. Each class performed a variety of

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They would pass country from an agrarian society caught in the 24 years after being sent to the church by a around secret messages in an empty past to a modern, secular and forward looking Hungarian bishop in Romania. The parish- Chapstick container and they would reveal the western model. While the changes were rec- ioners of St. Emeric appealed for the return of locations of dangerous enemy agents via ognized at the time as stunning, given recent Rev. Siklodi because he performs mass in walkie talkies. The Class of 1969 refuses to developments in the region, Turkey’s trans- their native Hungarian language. disclose whether one of the class members formation is even more relevant and note- Mr. Speaker and colleagues, please join me later joined the CIA. worthy today. in recognizing the reopening of St. Emeric Life at Holy Angels wasn’t all fun and President John F. Kennedy noted: Church, a beloved parish that has returned to games. In 1963, televisions were not part of The name of Ataturk reminds people of the Cleveland’s near West Side neighborhood. the regular classroom, but when President historical successes of one of the great indi- Kennedy was assassinated, the nuns brought viduals of this century, the leadership that f gave inspiration to the Turkish nation, far- in TVs so that the students could witness the LEXINGTON MEDICAL CENTER funeral. sightedness in the understanding of the mod- ern world and courage and power as a mili- WINS ‘‘PINK GLOVE DANCE’’ Mr. Speaker, I ask the House of Represent- tary leader. It is without a doubt that an- VIDEO COMPETITION atives to rise with me to honor the Holy An- other example can’t be shown indicating gels Class of 1969 which reminds all of us of greater successes than the birth of the Turk- HON. JOE WILSON the ties that hold us together as members of ish Republic and ever since then Ataturk’s our community and country. and Turkey’s broad and deep reforms under- OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES f taken as well as the confidence of a nation in itself. Tuesday, November 13, 2012 IN RECOGNITION OF THE NEW His leadership contributions were noted Mr. WILSON of South Carolina. Mr. Speak- BEDFORD AREA CHAMBER OF internationally. Prime Minister of the United er, congratulations to Lexington Medical Cen- COMMERCE Kingdom, Winston Churchill, also wrote: ter in West Columbia, South Carolina, for win- Ataturk’s death is not only a loss for the ning the 2012 ‘‘Pink Glove Dance’’ video com- HON. WILLIAM R. KEATING country, but for Europe is the greatest loss, he who saved Turkey in the war and who re- petition. Designed by Medline Industries, Inc., OF MASSACHUSETTS vived a new the Turkish nation after the the Pink Glove Dance contest is designed to IN THE HOUSE OF REPRESENTATIVES war. The sincere tears shed after him by all raise awareness about breast cancer and Tuesday, November 13, 2012 classes of people is nothing other than an ap- show support for cancer survivors. propriate manifestation to this great hero Lexington Medical Center’s video featured Mr. KEATING. Mr. Speaker, I rise today to and modern Turkey’s Ata. nearly 1,000 hospital employees dancing to recognize the New Bedford Area Chamber of As Co-chair of the Congressional Turkey the Katy Perry song ‘‘Part of Me’’ while wear- Commerce as the organization celebrates its Caucus and on behalf of Turkish Americans, I ing pink gloves. Lexington Medical Center 126th Annual Meeting this year. join my friends in paying tribute to a great man beat 260 other health organizations. And, it Founded in 1885, the New Bedford Area and a great leader. I congratulate the people was the second year in a row they won this Chamber of Commerce today serves ten com- of Turkey, and continue to work to remember contest. munities situated along the South Coast of Ataturk’s legacy and his contributions to world We are fortunate to have the leadership of Massachusetts. Those ten communities, in ad- peace and to the region. Lexington Medical Center President and CEO dition to the city of New Bedford, include Mike Biediger, Board Chairman Dan Jones, Acushnet, Dartmouth, Fairhaven, Freetown, f and Director of Marketing Mark Shelley. Thank Mattapoisett, Marion, Rochester, Wareham, IN RECOGNITION OF THE REOPEN- you to Lexington Medical Center for everything and Westport. Over 210,000 Massachusetts ING OF ST. EMERIC CHURCH they do to treat cancer patients and educate residents are served by this Chamber as the our community about cancer prevention. organization guides local economic develop- HON. DENNIS J. KUCINICH ment, and encourages professional develop- OF OHIO f ment among its members. The positive impact IN THE HOUSE OF REPRESENTATIVES that the New Bedford Area Chamber of Com- HONORING WORLD WAR II VET- merce has had on Massachusetts’ South Tuesday, November 13, 2012 ERAN, AVIATOR AND PATRIOT Coast region over the course of its 126-year Mr. KUCINICH. Mr. Speaker, I rise today in LT. VICTOR B. SCHOON lifetime cannot be overstated, and I look for- honor of St. Emeric Church, one of the 11 ward to seeing the Chamber’s continued suc- Cleveland Catholic Diocese parishes that will HON. JUDY CHU cess in the future. be reopening this year. OF CALIFORNIA Mr. Speaker, I ask that my colleagues join In 2009 it was announced that several of IN THE HOUSE OF REPRESENTATIVES me in congratulating the New Bedford Area the Cleveland Catholic Diocese’s area church- Tuesday, November 13, 2012 Chamber of Commerce upon its 126th Annual es, including St. Emeric, were to close. How- Meeting and in thanking this organization for ever, just months ago, the Vatican overruled Ms. CHU. Mr. Speaker, I rise today to rec- its years of service to the South Coast com- this decision and St. Emeric reopening its ognize a great loss to our community, Lt. Vic- munity. I am certain that the Chamber’s and doors on and celebrated its first mass on Sun- tor B. Schoon, who passed away on Sep- its member organizations’ future will be bright. day, November 4, 2012. St. Emeric was the tember 25, 2012 at the age of 93. My heart f last of the 50 churches closed and was to be goes out to his loving children, Andra Lew, Jo- the last of the eleven to reopen. Anna Schoon-Kormo, and Marcus Victor REMEMBERING KEMAL ATATURK St. Emeric Church was founded in 1904 and Schoon; his grandchildren, Michael Lew, Ken- has been home to many of the Cleveland neth Schoon, Juliarma Marie Schoon, Eric HON. STEVE COHEN area’s Hungarian-American Catholic commu- Konno and Allison Konno; and the rest of his OF TENNESSEE nity. Prior to its closing on June 30, 2010, St. family, friends and loved ones. He now goes IN THE HOUSE OF REPRESENTATIVES Emeric Church was home to nearly 650 pa- to join his loving wife, Dora Song, who passed rishioners. away in 1999. Tuesday, November 13, 2012 The celebratory mass that ushered in the When Lt. Schoon enlisted in the Army Air Mr. COHEN. Mr. Speaker, as countries in reopening of St. Emeric Church was held on Corps in 1943, he did so during a time when the Middle East undergo drastic change, they November 4th, which is especially significant Chinese Americans could not vote, could not are redefining their political systems, looking for the parish because it is also the feast day immigrate to the United States, and could not

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He was Schoon had become a First Lieutenant piloting years from 1958–1960, and later served as a honored and humbled, and instead, requested his own B–17 over the European Theatre dur- building inspector for the city from 1967–1980. a plaque be placed at the bridge paying tribute ing World War II. He served with distinction, From 1980 through the late 1990s, he worked to every citizen who supported the construc- stationed with the 340th Bomb Squadron, 97th for the State of Ohio, Ohio Lottery as a field tion of the fixed-span bridge. Bomb Group based in Foggia, Italy between representative. Heavily involved in the commu- In addition, he dedicated 40 years to devel- 1944 and 1945. nity, Jerry was also a member of the Fraternal oping condominium, single family, retirement During that time he saw air combat over the Order of Eagles in Cleveland and coached and nursing communities. He also impacted Balkans, Southern France, Germany, Rome, local baseball and softball teams. He strongly municipal planning and growth, served his Arno and the North Appennines. And thanks supported the local sports teams and loved community and state as a philanthropist to his bravery, skill and flying prowess, he flew watching the Cleveland Indians and the Cleve- through public and private schools, Florida 50 successful missions, bringing all of his 9 land Browns. State’s Asolo Repertory Theater, Florida West crew members home safely, and contributing Jerry is survived by his children and 13 Coast Symphony Association, New College to the Allies’ defeat of the Axis powers and the grandchildren: Joy, Greg, Amy, Vincent, Music Festival, Sarasota Opera, Hermitage end of the war. Kristen, Jamie, Allison, Jessica, Mark, Leah, Artist Retreat, Sarasota Memorial Hospital, For his efforts he was rewarded with the Eu- Michael, Holly and Eric. In addition, he was a and others. He received environmental awards ropean, African and Middle Eastern Theater beloved great-grandfather to 17. He had a from the Audubon Society, Save Our Bays, Service Medal; an Air Medal with 2-Oak Leaf very special place in his heart for his great- and Sarasota Garden Club. Cluster; and a Distinguished Unit Badge. grandchildren baby Jack and baby Blake. At 85, Gil enjoys traveling with his second He went on to receive an honorable dis- Mr. Speaker and colleagues, please join me wife, Elisabeth; however, he is never far from charge, enrolled at the University of California, in remembrance of Jerry A. Vittardi. May his his 55-year vision to complete Sarasota’s Berkeley and earn a bachelor’s degree in ar- life of public service and his role as a loving 1959 Architectural Plan—connecting Island chitecture. He became a successful architect, husband, father, grandfather, and great-grand- Park/Marina Jacks to Main Street over U.S. drawing custom office buildings for various father serve as an example to us all. 41, with a safe-walkable overpass; and, Main prestigious firms and opened his own architec- f Street becoming a walkable city-center, daily attracting 1000’s of visitors and residents. Gil tural firm in Hollywood. HONORING GIL WATERS But this selfless patriot, who dropped out of likes to say, ‘‘Come for an hour, stay for the high school to help provide for his nine sib- day!’’ lings after his parents’ death, who enlisted in HON. VERN BUCHANAN One of Gil’s greatest honors occurred on OF FLORIDA the military despite the prejudice of the times December 27, 1999, when The Sarasota Her- IN THE HOUSE OF REPRESENTATIVES and great personal danger to himself, and who ald Tribune named Gil one of ‘‘The 10 Most went on to serve his community so admirably, Tuesday, November 13, 2012 Influential Businesspeople of the 20th Cen- died before receiving the Distinguished Flying Mr. BUCHANAN. Mr. Speaker, I rise today tury.’’ Cross Medal he so deserved. to honor Gil Waters of Sarasota FL, born in f I urge my House colleagues to join me in 1927 and raised in Pennsylvania, Connecticut, TRIBUTE TO RIVERSIDE COUNTY’S honoring Lt. Schoon for his record of bravery, and New York. By 1955, Gil graduated from RECIPIENTS OF OPERATION REC- indomitable spirit and remarkable service to Yale University, moved to Sarasota, married OGNITION his community and to our nation. Elizabeth Boylston, served in the Navy during f the Korean War, and started a family. Over HON. KEN CALVERT the next 58 years, Gil left an indelible mark on IN REMEMBRANCE OF JERRY A. OF CALIFORNIA Sarasota/Manatee County and the State of IN THE HOUSE OF REPRESENTATIVES VITTARDI Florida. All while being a loving father to three children, Christopher, Robin, and Michael. Tuesday, November 13, 2012 HON. DENNIS J. KUCINICH Gil founded the FCCI Fund in 1959. Upon Mr. CALVERT. Mr. Speaker, I rise today to OF OHIO his retirement in 1985, Florida Trend ranked honor and pay tribute to a group of individ- IN THE HOUSE OF REPRESENTATIVES FCCI as one of Florida’s largest private com- uals—heroes—who are receiving the recogni- panies. It was Florida’s largest self-funded tion and honor they deserve for their service Tuesday, November 13, 2012 workers-compensation companies and one of to our country. Operation Recognition is oper- Mr. KUCINICH. Mr. Speaker, I rise today in the largest in the nation. Gil created WIMCO ated by the Riverside County Office of Edu- honor and remembrance of Jerry A Vittardi. (Waters Insurance Management Company) in cation with assistance from the Riverside Jerry was born on January 18, 1925 to 1979 and FEISCO a, NASDAQ-listed, captive County Department of Veterans’ Services. The Matio and Anna Vittardi. He was a World War ‘‘reinsurance’’ company in 1980. In 1982, he program awards high school diplomas to vet- II veteran who served in the U.S. Army Air founded Keep-Well Health Insurance. Gil, is erans who missed completing high school due Corps. Jerry was married to his wife, an entrepreneurial visionary who revolution- to military service in World War II, the Korean Marianne, for 60 years and they had six chil- ized the workers-compensation insurance in- War, or the Vietnam war, or due to internment dren together: Richard, Renee, Gerianne, dustry. in WWII Japanese-American relocation camps. Marty, Mickey and Ed. Jerry and Marianne From 1956 to 1970, Gil served as Executive A recognition ceremony was held on No- raised their family in Parma, a city in which Secretary for Sarasota/Manatee County Gulf vember 7, 2012, for the following individuals they would remain and where he began a life- Coast Builders Exchange; Executive Secretary who received their high school diplomas time of public service. for Consulting Engineers Counsel of Florida; through Operation Recognition: In 1960, he was elected to the Parma City Public Relations Counsel for New College; Edward A. Alfaro; Anthony John Amoroso; Council to represent Ward 2, serving as a and served as a Sarasota City Commissioner. Edward Barr; Leroy Burbidge; Justino Castillo; councilman for 5 years. While serving the City In 1970, Gil ran a successful State Constitu- Harry J. Dillon; James N. Ellis; James Albert of Parma, he gained a reputation as a trust- tional Amendment regarding mobile home tax- Finch; Irving G. Fowler; Robert Ray Gooch, worthy partner for others who were running for ation. From 1977 to 1984 he became a state- Jr.; Herb Levine; Donald George Marion; seats within the Democratic Party. He cam- wide lobbyist for workers compensation in Tal- Marvin Odell Pace; Anastacia P. Panarites; paigned for Governor Richard Celeste, Sen- lahassee. Gil organized and served as first Thomas James Plouffe; Michael Loren Ritten- ator Howard Metenzbaum, Congressman Ron president of Florida Self Insurance Associa- house; Robert Rodriguez; Edward L. Ryan; Mottl, Attorney General Lee Fisher, Parma tion, producing a wide ranging bill that passed Robert Irwin Stover; Glenn C. Waggoner Jr.; Mayor Michael Ries, for his son Councilman the Florida State Legislature, providing wage- Robert Lee Williamson; James Verne Olson; Martin Vittardi and for myself. loss protection for injured workers. and Thomas Eugene Butler.

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15149 Our country owes a debt of gratitude to all In the mid-1950s, Joe began his career as NEON was established in 1967 as a net- the above recipients for their service and sac- a developer and builder with the Janss Cor- work of community health centers to provide rifice. I salute all the above individuals and poration. Through the years he served as medical and dental services to the uninsured congratulate them on receiving their high president of the Janss Realty Co., which he and underinsured in the Greater Cleveland school diploma. later purchased, and as a vice president of the area. Since its founding, NEON has strived to f Janss Corporation. As such, he assisted in the create healthy neighborhoods through acces- development of more than 10,000 acres in the sible community-based health care. In 2001, IN HONOR OF MR. RICHARD Conejo Valley area. One of his first projects NEON was selected as a National Community GRIMMETT was to join in the efforts to bring outside water Center of Excellence in Women’s Health. to the valley, which enabled the area’s growth. NEON currently operates six health centers HON. DENNIS J. KUCINICH As a leader in the Conejo Valley community, in the Greater Cleveland area; the East Cleve- OF OHIO Joe helped bring numerous businesses to the land, Norwood, Hough, Collinwood, Southeast IN THE HOUSE OF REPRESENTATIVES area, including the development of the Oaks and Superior Health Centers. The centers em- Mall Shopping Center and the sale of 2,000 Tuesday, November 13, 2012 ploy 35 physicians, 10 dentists and a staff of acres from the Janss Family to MGM Studios, Certified Nurse-Midwives and other support Mr. KUCINICH. Mr. Speaker, I rise today in which had planned to move its operations to personnel. honor of Mr. Richard Grimmett, who is retiring the area. While at Janss, he was intimately in- The health centers offer accessible, com- after 38 years of dedicated service with the volved in the planning, development, and mar- prehensive primary care services, including Congressional Research Service (CRS). keting of Sun Valley, Idaho, Snowmass-at- adult medicine, pediatrics, family practice, OB/ An Ohio native, Mr. Grimmett attended Kent Aspen, and Northstar at Tahoe. GYN, behavioral health, dental, optometry, po- State University, where he earned a Ph.D. in But Joe was most proud of his efforts to diatry services, x-ray, mammography, labora- American history and focused on U.S. national make the Conejo Valley a great place to live, tory and pharmacy. Additionally, NEON pro- security policy. Since joining CRS in 1974, Mr. work, and play. In addition to his successes in vides patients access to social work, health Grimmett has been a specialist on defense business, Joe, a devout Catholic, devoted education, family planning and nutritional and foreign policy issues. Specifically, his ex- himself to those in need. He founded the counseling. pertise lies in international arms trade, over- Men’s Advisory Board to Mary Health of the Mr. Speaker and colleagues, please join me seas U.S. military bases, war powers and in- Sick and helped form Many Mansions. He was in recognizing the 45th anniversary of North- telligence. Throughout his time with CRS, Mr. a founding member of the board of Ventura east Ohio Neighborhood Health Services, Inc. Grimmett has worked intimately with Senate County Community Foundation and volun- f and House Select Intelligence Committees teered on numerous advisory boards and and the Senate Foreign Relations Committee. committees for the City of Thousand Oaks and OUR UNCONSCIONABLE NATIONAL Mr. Grimmett has proven time and again La Reina High School. He also was a member DEBT that he is a vital asset to the U.S. Congress. of the Board of Regents, California Lutheran His support and intelligence are evident in the University. HON. MIKE COFFMAN Arms Export Control Act, and the handling of In recognition of his many successes, Joe OF COLORADO was bestowed an Honorary Doctor of Laws the Iran-Contra Affair and aftermath of the at- IN THE HOUSE OF REPRESENTATIVES tacks on September 11, 2001. Personally, Mr. Degree from California Lutheran University. Grimmett’s vast knowledge of the War Powers For his devotion and assistance to the Arch- Tuesday, November 13, 2012 Resolution has been of immeasurable value to diocese, Joe was knighted into the Order of Mr. COFFMAN of Colorado. Mr. Speaker, me throughout my tenure in Congress. St. Gregory, the Order of Malta, and the Order on January 20, 2009, the day President Mr. Speaker and colleagues, please join me of the Holy Sepulcher. Obama took office, the national debt was in honoring the distinguished career of Mr. In 2005, Joseph found love for the second $10,626,877,048,913.08. Richard Grimmett. His support has been un- time with Dolly Principe. Dolly and Joe had Today, it is $16,244,708,707,467.25. We’ve paralleled and his absence will be felt by known each other since the 1970s through added $5,617,831,658,554.17 to our debt in 3 every Hill staffer and member of Congress. their competing real estate firms, and over the 1/2 years. This is $5.6 trillion in debt our na- f years had remained friends. Fate brought tion, our economy, and our children could them together again, and they fell in love and have avoided with a balanced budget amend- IN MEMORY OF JOSEPH PAUL married later that year. ment. BROWN Joe is survived by Dolly; his three children, f Joseph A. Brown, Madeleine P. Brown and HON. ELTON GALLEGLY Mark J. Brown; 12 grandchildren and 13 great- IN RECOGNITION OF SGT STEVEN B. DAVIDSON OF CALIFORNIA grandchildren; and many loving friends. Mr. Speaker, Joseph Paul Brown was a IN THE HOUSE OF REPRESENTATIVES longtime special friend and a talented busi- HON. MICHAEL C. BURGESS Tuesday, November 13, 2012 nessman who was equally successful as a OF TEXAS family man and philanthropist. I know my col- Mr. GALLEGLY. Mr. Speaker, I rise in mem- IN THE HOUSE OF REPRESENTATIVES ory of my good friend, Joseph Paul Brown, leagues join me in remembering his great con- who passed away earlier this year at 86 years tributions to his community, and in extending Tuesday, November 13, 2012 young. our condolences to his family and many Mr. BURGESS. Mr. Speaker, I rise today to Joe Brown was a devoted family man, a re- friends. recognize the 50th anniversary of the altor and business leader, an avid sportsman, f Lewisville Area Chamber of Commerce. a philanthropist, a mentor, and a role model. IN RECOGNITION OF THE 45TH AN- Through fostering job creation, encouraging A native Southern Californian, Joe traced his NIVERSARY OF NORTHEAST education, and promoting strong business roots on his mother’s side to the first citizens OHIO NEIGHBORHOOD HEALTH foundations, the Lewisville Area Chamber of of California, who arrived in 1775 by crossing SERVICES, INC. Commerce has contributed to the success of the Sonoran Desert with Captain Juan small businesses in Lewisville since 1962. Its Bautista De Anza. members, dedicated entrepreneurs and busi- At age 17, Joe joined the U.S. Coast Guard HON. DENNIS J. KUCINICH ness owners, strive to improve our economy OF OHIO to serve his country during World War II. After by following their mission of promoting eco- IN THE HOUSE OF REPRESENTATIVES his discharge, he attended Loyola University nomic growth for the local business commu- and graduated in 1950 with a degree in engi- Tuesday, November 13, 2012 nity. neering. That same year he married his child- Mr. KUCINICH. Mr. Speaker, I rise today in As a former small business owner, I know hood sweetheart, Lydia T. Brucklemeir. They recognition of Northeast Ohio Neighborhood firsthand the importance of business expan- were married for 57 years until her death in Health Services, Inc. NEON, as it celebrates sion in the community, and this exceptional 2004. its 45th anniversary. group has proven to be a driving force for

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15150 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 13, 2012 local businesses. Their mission of promoting A native of Chicago, Dr. Franklin is an alum- his 5 outstanding years as President of More- economic growth of the local business com- nus of Morehouse College. He also received a house College, my beloved Alma Mater. He munity through ‘‘Leading Business, Leading Master of Divinity degree from Harvard Divinity has transformed the lives of countless young Lewisville,’’ is a true testament to their sustain- School in 1978 and a Ph.D. from the Univer- men and inspired them to become our future ability over the past 50 years. It is an honor sity of Chicago Divinity School in 1985. In leaders. to celebrate this important anniversary with the 1973, he received an English Speaking Union f Lewisville Area Chamber of Commerce, and I scholarship to attend the University of Durham am privileged to represent the Lewisville Area in England. Dr. Franklin is also the recipient of HONORING COUNCIL MEMBER Chamber of Commerce and Lewisville, Texas honorary degrees from Bethune Cookman LARRY VAN NOSTRAN in the U.S. House of Representatives. University, Bates College, and Swarthmore ´ f College. HON. LINDA T. SANCHEZ Before he was the President of Morehouse OF CALIFORNIA IN RECOGNITION OF MRS. MARY P. College, Dr. Franklin served as the Presi- IN THE HOUSE OF REPRESENTATIVES DENIHAN dential Distinguished Professor of Social Eth- Tuesday, November 13, 2012 ics at Candler School of Theology at Emory HON. DENNIS J. KUCINICH University in Atlanta, Georgia. He was also Ms. LINDA T. SA´ NCHEZ of California. Mr. OF OHIO President of the Interdenominational Theo- Speaker, it is with great sorrow that I an- IN THE HOUSE OF REPRESENTATIVES logical Center in Atlanta. In addition, he nounce the passing of Larry Van Nostran, who served as a program officer in the Human served the city of Lakewood for 37 years. Tuesday, November 13, 2012 Rights and Social Justice Program at the Ford Larry was first elected to the Lakewood City Mr. KUCINICH. Mr. Speaker, I rise today in Foundation in New York. Council in 1975. He is the longest serving recognition of Mrs. Mary P. Denihan, who is Dr. Franklin is the author of three books: council member in the city’s history, and was retiring after a long career of dedicated public Crisis in the Village: Restoring Hope in African serving his tenth term as a council member service to the residents of Northeast Ohio. American Communities (2007), Another Day’s when he passed away Friday, November 9. Mary Denihan is currently the Senior Admin- Journey: Black Churches Confronting the During his 37 years on the council, he served istrative Officer for the Cuyahoga Support En- American Crisis (1997), and Liberating Vi- as the Mayor of the city nine times. forcement Agency (CSEA). She has previously sions: Human Fulfillment and Social Justice in Among Larry’s most notable achievements held a number of roles assisting the public. African American Thought (1989). was the founding of the Lakewood Youth Early in her career, she worked as the assault Mr. Speaker, Dr. Franklin has revolutionized Sports Hall of Fame in 1981 and its continued prevention coordinator with the Lake County Morehouse College in many ways during his success for the past 30 years. The Hall of Sexual Assault Center. She later joined Moth- five-year tenure as President. His vision for Fame has honored thousands of Lakewood ers Against Drunk Driving where she served Morehouse College is that the institution will youth during that time, and has helped pro- as their state administrator. shape its students into Renaissance men who mote a vigorous sports and recreational cul- Mrs. Denihan initially joined the Cuyahoga are well-educated and ethical leaders with a ture in the city. This strong tradition was na- Support Enforcement Agency on January 28, social conscience and committed to cham- tionally recognized by Sports Illustrated maga- 1991 as a support officer in the Establishment pioning the causes of equality, justice and zine, who named Lakewood ‘‘Sportstown Unit. She was instrumental in the success of peace. During Dr. Franklin’s tenure as Presi- USA’’ in 2004. the Teen Paternity Project. She worked as a dent, Morehouse has continued to develop fu- Larry was instrumental in helping create a public information officer and senior public in- ture leaders who are disciplined, altruistic, and high quality of life in Lakewood’s neighbor- formation officer before becoming a senior ad- wise. hoods and finding solutions to keep Lake- ministrative officer. Throughout her tenure with Under Dr. Franklin’s administration, More- wood’s crime rate low. Larry began his service CSEA, Mrs. Denihan has been an invaluable house College has been recognized as the in Lakewood city government as a member of resource to my office in assisting our efforts to Nation’s best liberal arts college by Wash- the Traffic and Safety Commission, and was a fulfill the needs of the residents of my district. ington Monthly and has been a recipient of longtime member of the Public Safety Com- Her dedication and intellect will be missed more than $60 million in federal grants as well mittee as a member of the city council. He throughout the entire community. as a number of gifts from prestigious organiza- firmly believed that there’s not a more impor- Following her retirement, Mary plans on tions and donors. Dr. Franklin has been instru- tant value than keeping a community safe. He spending more time with her family. She has mental in the school’s plan for the internation- was a strong supporter of the Lakewood been married to her husband, Bill, who cur- alization of its campus, with a special empha- Award of Valor event, where public safety per- rently serves as the Chief Executive Officer for sis on curriculum and study abroad experi- sonnel, volunteers and residents are honored the Alcohol, Drug Addiction, and Mental ences. Moreover, significant updates and ren- annually for their dedication, hard work and Health Services Board of Cuyahoga County ovations have been made to Graves Hall, the courage. for 23 years. She is the proud parent of 4 chil- oldest building on campus, as well as many Larry was prominent in the development dren, 7 step children and 34 grandchildren. other structures. In 2010, the Ray Charles and expansion of senior services, which were Mr. Speaker and colleagues, please join me Performing Arts Center was dedicated and this scant before he was elected to the city coun- in recognizing the storied career of Mrs. Mary state of the art facility now serves as the prac- cil. Larry saw the initiation of Lakewood’s P. Denihan and congratulating her on her re- tice and performance space for the College’s DASH senior transit system and exercise and tirement. world renowned Glee Club; the Morehouse fitness programs at the city’s two senior cen- f Jazz Band; Morehouse College Jazz Ensem- ters. He was also a champion of growing ble; and ‘‘House of Funk’’ Marching Band. Lakewood’s business and commercial base, IN RECOGNITION OF DR. ROBERT One of the many things I admire most about which included modernizing the second largest M. FRANKLIN Dr. Franklin is his unfailing dedication to More- shopping center in Los Angeles County, Lake- house College. After graduating from the wood Center Mall. HON. SANFORD D. BISHOP, JR. school in 1975, he came back years later to Larry was born in Seville, Ohio in 1933 and OF GEORGIA lead Morehouse in its mission to develop men moved to Lakewood in 1958, just four years IN THE HOUSE OF REPRESENTATIVES with disciplined minds who will lead lives of after the city was incorporated. He was active leadership, service and self-realization. And he in Lakewood civic life for over 40 years, in- Tuesday, November 13, 2012 is still not gone for good! After a sabbatical as cluding membership in the Elks Club, Jaycees, Mr. BISHOP of Georgia. Mr. Speaker, I rise a Scholar in Residence at Stanford Univer- Kiwanis Club, Lakewood Pan American Asso- today to pay tribute to Dr. Robert M. Franklin, sity’s Martin Luther King, Jr. Institute, Dr. ciation, and Masonic Lodge & Scottish Rite. the tenth president of Morehouse College in Franklin will return to Morehouse College as As you are aware Mr. Speaker, many of our Atlanta, Georgia, in honor of his retirement President Emeritus and Distinguished Pro- colleagues in city government have a funda- after 5 years as head of the school. He will be fessor, the college’s highest honor. mental impact on the lives of our constituents honored at a reception on Friday, November Mr. Speaker, I ask my colleagues to join me and they rarely get the recognition that they 9, 2012, in Atlanta. in paying tribute to Dr. Robert M. Franklin for deserve. The city of Lakewood will miss Larry,

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15151 and I stand with many in our community in icans. For that reason, Mr. Speaker, I submit Nevertheless, our freedoms are still gifts sending my thoughts and prayers to his family. the following for the CONGRESSIONAL RECORD: and worth protecting. The many veterans who have fought for our country by sacri- Thank you Mr. Speaker, I ask for a moment of KELLI O’NEIL, 7TH GRADE, 1ST PLACE WINNER ficing themselves, whether they were killed By definition freedom is; the power to de- silence for Larry Van Nostran, a true public or wounded physically or mentally in battle termine action without restraint. But free- servant, and I yield back the balance of my or returned home intact, should and are re- dom means monumentally more than that to time. spected by our nation. They fought or are me. Speech, expression, faith these are only fighting at the moment to keep things the f a few of the stripes on the beautiful rainbow way that they should be, to protect the mil- that is freedom. Freedom is what sets Amer- IN HONOR OF ENDA KENNY, PRIME lions of Americans who have the access to ica so high above the rest, what makes it MINISTER OF THE REPUBLIC OF the freedoms in the Bill of Rights. Without such a beautiful place to live. IRELAND Every Sunday, millions of Americans go to those brave men and woman, we might not church. Imagine if these millions of people be the way we are today, as we would be vul- HON. DENNIS J. KUCINICH were in a different country. Practicing their nerable to other countries who mean harm own religion may not be legal. Whilst this to Americans because of our freedoms and OF OHIO goes on for myself and to most Americans policies. IN THE HOUSE OF REPRESENTATIVES going to church feels like such a simple lib- Personally, I’m so used to these freedoms that they seem ordinary and unimportant, Tuesday, November 13, 2012 erty. As an adolescent female I am still in but after reading so many articles about the Mr. KUCINICH. Mr. Speaker, I rise today in school getting an education and plan to con- lifestyles and other events occurring in other honor of Mr. Enda Kenny, the Prime Minister tinue through college. Now let’s pretend I parts of the world, I feel extremely lucky— of the Republic of Ireland, on the occasion of am in some other country for example. I and proud. I’ve learned that not all countries the 2012 Mayo Society Banquet and Ball tak- would not be in school, I would be home are lucky enough to have the same rights and freedoms that we are able to have, and ing place on October 13, 2012. doing housework caring for my siblings. Back in America I am permitted to wear that’s worth protecting. Prime Minister Kenny was born in whatever clothing I wish to wear; however, While practicing these freedoms through- Islandeady, County Mayo on April 24, 1951 in some countries I shouldn’t even show my out your ordinary lives, remember: They’re and obtained degrees from St. Patrick’s Col- own hair. All of these wonderful rights that special. People are out there fighting; just lege of Education and University College of I do have are given to me simply because for us to feel safe while exercising those Galway. Mr. Kenny boasts a long career in America values freedom. Our flag flying rights we were given. Be grateful. Use them public service. Following a brief stint as a pub- through the air sings of freedom. And the the way they were intended to be used. And most importantly, respect our veterans. lic school teacher, he began his public service graceful eagle soaring through the heavens career in 1975 when he was elected to the screams freedom. Every day, I look at the SARAH MARSHALL, 7TH GRADE, 3RD PLACE things I do and wear and I am truly grateful WINNER Da´il E´ ireann to fill his late father’s seat. for America and all of its freedoms. Freedom is a lot of things. To an American Throughout his long career, Prime Minister I have the privilege of being in an honors citizen it is a privilege. To a mother in a dic- Kenny served as the Minister of State for Edu- writing class, and in this class I write ex- tated country it’s a hope. Or to a govern- cation and Labour between 1986 and 1987. actly what I think and feel about any and ment figure it is a law. But no matter what Additionally, between 1994 and 1977 he was every thing without fear of punishment by it means to different people, the definition of the Minister of Tourism and Trade for Ireland. law. I cannot say the same for many other freedom will always be the same to me; a In 2002, he became the leader of his political children in foreign countries. In these coun- right. tries writing the way they feel about things Freedom can come in all different forms. party, the Fine Gael. like laws, politics, and leaders can result in On March 9, 2011, Mr. Kenny was elected For example; you could have freedom of great punishment. Without the freedom to speech, freedom of expression or freedom of as the Prime Minister of the Republic of Ire- express how I feel I don’t know how I would religion. With freedom, I can speak out land. He is married to Fionnuala O’Kelly, and survive. My opinions are who I am, and they against almost anything (including our po- has three children, Naoise, Ferdia and are a piece of me. litical and government system); I can choose Aoibhinn. The Mayo Society Banquet and Ball Lee Greenwood once said, ‘‘proud to be an and practice my own religion without fear of will also honor Mr. James Boland as the 2012 American Where at least I know I’m free, being abused or jailed, and so much more. and I won’t forget the men who died who Freedom is an important part to a great Mayo Person the Year. gave that right to me.’’ This is so incredibly Mr. Speaker and colleagues, please join me country. true, and I would like to take this moment In my opinion, everyone should be allowed in honor of Prime Minister Enda Kenny and in in time to put the spotlight on the soldiers to have freedom. It’s not right to be killed or recognition of his visit to Cleveland, Ohio on who have passed away, our veterans, and our abused because of what you believe in or say. the occasion of the Mayo Society of Greater soldiers who are currently serving because Some people take things like freedom, life Cleveland’s Banquet and Ball. they are the sole reason for all of these fan- and rights for granted. Not me. I will always tastic freedoms that me and my fellow f remember that it is a huge privilege that a Americans have today. lot of people don’t receive. I will also keep in IN HONOR OF THE WINNERS OF So, in conclusion, freedom is the biggest mind not to abuse my rights and freedom be- THE HISTORICAL SOCIETY OF blessing ever bestowed upon the American cause people died for it. They died for you WINSLOW TOWNSHIP’S VET- people, and it is not to be taken for granted. and me, and everyone else in America to be ERANS DAY 2012 STUDENT ESSAY DEANNA PAUL, 7TH GRADE, 2ND PLACE WINNER able to express ourselves without risk. To CONTEST The first 10 amendments of the Constitu- have my rights taken away would be a dis- tion, or the Bill of Rights, set priceless honor. And I really hope that everyone who rights and freedoms that Americans may does have freedom realizes that. HON. ROBERT E. ANDREWS enjoy. There is a rather large variety of In some countries, you can actually be OF NEW JERSEY them, ranging from the freedom of speech to shot at just for speaking your mind. A real just the right of traveling anywhere you life example of that is of a young female cit- IN THE HOUSE OF REPRESENTATIVES want in the nation. izen from Pakistan. In Pakistan, they are Tuesday, November 13, 2012 If you were to look in the dictionary for currently fighting for women’s rights. A the word ‘‘freedom’’, you’d probably find young lady spoke her opinion on women hav- Mr. ANDREWS. Mr. Speaker, I rise today to that it means ‘‘free to do something or free ing education and she was shot. This reminds honor the winners of the Historical Society of of something’’, or anything within those us that we are lucky, Those of us in America Winslow Township’s Veterans Day 2012 Stu- lines. That’d be correct. The many freedoms wouldn’t have been shot; we probably dent Essay Contest. that we as Americans have should be treated would’ve been rewarded. lf the young women These nine students, in the 7th and 8th like gifts, as they are. However, our free- had been from the United States that tragic grades at Winslow Township Middle School doms are often misused now, in a way our situation would never have happened due to and 12th grade at Winslow Township High forefathers didn’t intend them to be. For ex- the fact that women already have the right ample, the freedom of speech, which is the to education. School, wrote on what the word ‘‘freedom’’ freedom to say our opinions as long as they If you asked a professor what freedom means to them in their hearts. The moving don’t cause any harm to others, is now being means to them, the answer would be a thou- prose of these young men and women is a used to bully and cause mental pain to citi- sand miles long. The answer is so long I testament to the patriotic spirit of the citizens zens by Americans who want to cause trou- couldn’t fit it in this essay. But if it some- of South Jersey and an inspiration to all Amer- ble. how wasn’t clear how thankful I am for it,

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15152 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 13, 2012 going to put it like this; Freedom is some- as it does not impose upon others. Freedom again, they can say what they please, do thing to be thankful for. You should pray to is the lifeblood of humanity, what enables what they please, and be who they please. It your (a) god for it, discuss it at thanksgiving man to live and prosper and change the is clearly shown that America has the free- dinner, and visit the graves of those who died World for the better. Not everyone is gifted dom that other countries don’t because they for it. You never know, thousands of miles with such a thing, and some of the idealists can be who they are. away someone might be praying for the free- and geniuses and potential reformers of our ‘‘Individuals, with liberty and justice for dom you already have. generation will not get a chance at this, and all.’’ These are the words that ring on my AKAASH PATEL, 8TH GRADE, 1ST PLACE will live their lives in oppression, cast aside head when I think of our country. We really WINNER by their governments as another mere pawn are the land of the free, because we can be individuals. Freedom . . . Such a small word for a very in their machine of simple parts. meaningful definition. Every day of our lives Freedom manifests itself in every aspect of EMILY OSTRANDER, 12TH GRADE, 1ST PLACE we are presented with this right. However, American life, from the business you built up WINNER what exactly does freedom mean to you? To yourself, to the house you own, to the edu- I have always been a fan of Veterans Day. me, freedom means the moral principle of cation your children earn. Freedom is busi- Of course, this is mostly because November being able to choose how you live your life. ness, the arts, what has allowed the United eleventh happens to be my birthday as well Before freedom we were told what to believe States to develop a culture unlike any other. as a national holiday. But, I have contin- in. We had no say so on what our lives would To such aforementioned countries who lack ually enjoyed and respected it for the appre- be like. However, we, as a united nation cele- the glorious endowment of liberty, our ciation and recognition it bestows upon brate and declare freedom; not as a privilege United States, with its military towering those who have made it their duty to protect but as a right. high in our defense, and fame, and above all, and serve this noble country. Freedom, to Our forefathers fought for the right of free- the ability for any mere man to forge a life me, is the ability to live peacefully, and be dom. They put their lives on the line for the of empire-like status, is not only a desirable who you want to be, in a world that is not sake of other people’s rights. We should al- place to be, but a utopia Where anything can very accepting. ways be grateful that our founding fathers happen. Without our armed forces, the idea of free- gave us freedom. Moreover, we should con- And so, I ask of you, look at yourself, what dom would be impossible. With no one to stantly honor America’s veterans and active you have, and what you’ve done. Think for a serve our country, fight our battles, where military. They have and are putting their moment of where you would be if you were would we be? I cannot imagine what life in feelings for this country into actions, not assigned to a life, told what to think, what America would resemble if it were absent of words. A picture paints a thousand words. to feel, what to do. Would you be where you freedom. It would not be the America we USA has many veterans coming back from are? Would you have what you’ve achieved? know and care for if it were devoid of liberty, Afghanistan. Some have come back from This distinction is freedom, and freedom is justice, and independence. Both of my par- Vietnam. Some are even coming back from the United States, its military, and its peo- ents’ fathers served in the armed forces at top priority missions that they enlisted in. ple. some point in their lives. My maternal However, all of these men and woman have ELENI FINKELSTEIN, 8TH GRADE, 3RD PLACE grandfather served in the Korean War and one definite thing in common, their reason. WINNER came back home with a bullet in his leg. All war veterans’ reason for fighting always Imagine coming to America from another Every year when he calls me to wish me a traces back to freedom. They believe in free- country. You see a flag billowing with pride happy birthday, I make sure to thank him dom and know deep in their heart what it in the front yard of a happy family’s house. for that service and tell him that I am proud means to them. America’s veterans were, The whole family was unique. Different of him for it. Thus, I am exceptionally grate- are, and forever will be dedicated to freedom. clothes, different hobbies, but they were all ful to the active military and the veterans I think that freedom is a very having a good time. You begin to wonder who have risked their lives for the sake of unappreciated right. As a kid I woke up why your family could not be happy back freedom at this very moment, and in the every day able to believe in what I wanted home or have those smiles on their faces. past. to. I was born into my religion. However I Your life was bland; a dry piece of toast, just Furthermore, serving in the military is the was not necessarily forced to accepting it. like everyone else’s. Then you realized it was most significant occupation in the world, yet This was the perfect world our country’s because you weren’t given individuality. To it is also the toughest. Copious amounts of founders, veterans, and active military had me, freedom means having the right to be an U.S. citizens spend or have spent massive created for me and everyone else to share. In individual. amounts of time away from their families spite of this, we truly do not honor this right In other countries, you don’t always have and loved ones to carry out their obligations enough despite the immense value it holds. the freedom that we have in America. Often, to this country. I know I could by no means You never miss something until you lose it. you cannot dress how you’d like, say what ever accomplish or begin to go through what In conclusion, freedom is essential in peo- you’d like, or do what you’d like. There was veterans and the active military have had to ple’s lives. We are free to choose any reli- no uniqueness at all. Here in America undergo. I have enormous respect for those gion, believe in what we want, and do what though, we have that ability to be me. I can with the strength and courage to join the we want. This entitlement to every US cit- proudly say that in America, I can be me. armed forces, and they will forever have my izen keeps this country intact. In contrast, Have you ever wanted to pursue an interest support and admiration for their achieve- we would have never had this right unless but you weren’t allowed? Your whole future ments. Because of these achievements, I am our veterans and active military had not could’ve been already planned if you found a able to live freely and peaceably whereas protected this sacred allotment. To sum it job using that special hobby! This situation citizens in other countries may not be able up, thanks to our brave and bold veterans may happen continuously in other countries, to live this way. and our courageous active military we live but not in America! America has the freedom Hence, I believe freedom is the idea that our lives and cherish freedom. to let you do what you want. There is such you have the power to choose what and who HARLEIGH MAE BURKE, 8TH GRADE, 2ND PLACE a vast field of occupations you can work in you desire to be: you can decide what to WINNER here. You don’t have to be just a factory strive for and what to accomplish in life. However, this free will is only achievable be- In the 1700’s, when our founding fathers worker, or forced to go into war. I could cause of the work of the active military and began sculpting the Constitution of our na- grow up and make a living out of the weird- veterans. This immense, courageous, life- tion, there was one thing they all agreed on: est job in the world, only because I have the risking group of people deserve, have earned, Freedom is a right all people should be given freedom to do so. this national holiday to commemorate their from birth, and the work they do under this Now switch places for a moment. Instead successes and brave service to the United liberty is how they earn their fortunes. To of picturing you coming to America, picture States of America. earn a fortune and be successful under this yourself leaving America to go to war. Vet- freedom is what is known as the American erans are extremely grateful for the freedom HOPE BARNSTEAD, 12TH GRADE, 2ND PLACE Dream. What few know, however, is that we have in our country because they know WINNER freedom is not a gift to all humanity, but an what it’s like in other countries. When they Freedom. Only seven letters, but together exclusive to only some. go to war in another country, they are some- they create a word with more power than It is thanks to the forethought of the times adapting to that country’s life style any other found in the English language. But founding fathers, the continued cooperation for a small amount of time. They turn into how can such a commanding word be de- of the United States Military, and above all them. They may be forced to act like every- fined? The beauty of this word is that it has the passion of the people which keeps our one else in that country. They are simply a countless definitions. Freedom is the cour- freedom alive today. However, this begs the replica of the person standing next to them, age found in every active service member as question, what is freedom, and what pre- across from them, all around them. Then, they start every day not knowing what is in cisely does it mean? when they return back to America, they get store for them. Freedom is seeing our Amer- Freedom, to me, is not merely the ability to experience the excitement all over again. ican flag waving steadily in the night, sur- to do as you please, when you please, as long All of the freedom comes back to them. Once rounded by a sky full of bombs. Freedom is

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 13, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15153 bowing your head in prayer at the park with- turn home with their lives, but some aren’t. TRIBUTE TO ROSEMARY BOURNS out fear of being reprimanded. Freedom is Yet this has not stopped people from joining the last pen to leave a trail of ink for the the military in the past before. In World War final signature on the Declaration of Inde- II, when the world was threatened by one of HON. KEN CALVERT pendence. Freedom is living in America, the the most infamous leaders in history, did we land of opportunity, where we have the right surrender? We did not, and hundreds of thou- OF CALIFORNIA to choose our own president amongst a world sands of people were ready to defend our IN THE HOUSE OF REPRESENTATIVES full of tyrants. Throughout history freedom country and what we believed in, even if it has always come at a great price, starting in meant traveling overseas, or being haunted 1776, when the founding fathers declared our Tuesday, November 13, 2012 by the gruesome memories of war for the independence from Great Britain. These men rest of their lives, or to die trying. Our vet- Mr. CALVERT. Mr. Speaker, I rise today to laid their lives on the line to defend the be- erans faced these same consequences and lief that all men are endowed with certain honor and pay tribute to Rosemary Bourns, have to hurdle over the same obstacles, and definitive and undeniable rights that cannot who passed away on Wednesday, September be taken from them. From that time on, that didn’t stop them from doing their duty. 26, 2012. Rosemary was a pillar of the com- Americans have stood united behind the idea They protected us to make sure that we munity in Riverside, California and she will be that we are a nation of individuals who are could forever keep our freedom and our deeply missed. free to live in the absence of fear. Since we rights from the hands of our enemies. In 1947, Rosemary and her newlywed hus- value individuality and illuminate it We have much to thank of our veterans through self expression and self-government, and of our active military for their services band Marlan moved to California from Michi- we need not fear forced conformity, and that to this country and for their services to us. gan, and they began their electronics compo- is what makes America great. Freedom to Without them, we would not have the same nents manufacturing company in humble set- me is waking up every morning without ap- freedoms as we do now. Our world would be tings—the garage of their new home in Pasa- prehension. I don’t have to worry about completely different without them. But dena. While Marlan took care of the engineer- being a woman and wanting an education. I thankfully they are here to save us when we ing side of the business, Rosemary oversaw don’t need to hide my religion from those need them most. Thankfully, with these men the books and made sure that their house around me because I know I am free to wor- and women as our guardians, we can con- could accommodate the seven engineers ship as I please. I don’t have to be afraid of tinue to live life normally and enjoy it with- who will lead our country because we have a working with her husband. The couple eventu- out the fear of oppression or harm. say in who runs the United States of Amer- ally moved the company, now renamed ica. Without the dedication, bravery, hard Bourns, Inc., to Riverside in 1950 to boost work, courage, strength, and leadership of f manufacturing operations in order to keep up our nation’s military and other service mem- with rising demand. bers, this freedom may not have been sus- IN RECOGNITION OF THE REOPEN- tained. It’s hard to imagine the feeling the ING OF ST. JAMES CHURCH In her free time, Rosemary loved telling sto- soldiers felt as they walked into concentra- ries and arranging flowers. She and her hus- tion camps to liberate the living skeletons as band always accomplished things as a team, the stench of burning flesh filled the air HON. DENNIS J. KUCINICH from starting their business to moving it to Riv- around them. Who can picture what is what erside. They also selflessly gave back to their like weaving through the jungles of Vietnam OF OHIO community. In 1992, the Bourns family gave as the soldiers were constantly on guard for the University of California, Riverside (UCR) any Vietcong looking to take their lives? IN THE HOUSE OF REPRESENTATIVES How can one come close to feeling the abso- the single-largest donation it had received to lute terror of the US army as they traveled Tuesday, November 13, 2012 that date, a $6 million gift for its new College to Pakistan to take down the terrorizing of Engineering, eventually named Bourns Col- Osama Bin Laden? Our troops are willing to Mr. KUCINICH. Mr. Speaker, I rise today in lege in the family’s honor. In the years that fol- sacrifice their lives so we can stay in a na- honor of St. James’ Church, one of the 11 lowed, they continued to support the College, tion that lets us live ours. Franklin D. Roo- Cleveland Catholic Diocese parishes that will and the west engineering building was named sevelt once said, ‘‘We, and all others who be- be reopening this year. Bourns Hall. lieve in freedom as deeply as we do, would rather die on our feet than live on our In 2009 it was announced that several of The way in which Rosemary lived her life knees,’’ and we are blessed enough to live in the Cleveland Catholic Diocese’s area church- should serve as reminder to others that an in- a country that gives us that freedom. es, including St. Barbara’s, were to close. dividual with drive, perseverance and a stellar ADAM WHITE 12TH GRADE, 3RD PLACE WINNER However, just months ago, the Vatican over- work ethic can do great things. In 2000, Rose- When you hear the word ‘‘freedom,’’ you ruled this decision and St. James’ will be re- mary and her husband were recognized as might not have the same definition of the opening its doors on Wednesday, July 25, UCR Laureates, and in 2010 the family was word as the person right next to you. All 2012. honored by the Inland Empire Center for En- definitions of the word are similar in mean- St. James Church was founded in 1908 as trepreneurship with its Lifetime Award. Univer- ing, but all are influenced by each of our own sity of California, Riverside Chancellor Timothy past history and ways of thinking. I have the founding parish for the cities of Lakewood thought extensively on this word’s defini- and Rocky River. For more than a century, St. P. White said of Rosemary, ‘‘On the UCR tion, pondering on what ‘‘freedom’’ means to James has been a house of worship and gath- campus, Rosemary Bourns’ name has been synonymous with the accomplishments of me, and I now believe that freedom is the ering for the Catholic residents of Lakewood, ability to live life normally and enjoy it strong, hardworking women . . . She will al- Ohio. without the fear of oppression or harm. ways be honored through the accomplish- Many of us take this for granted. In other After Bishop Lennon’s 2009 announcement ments of the faculty and students in the countries, their citizens might not have this parishioners gathered together and formed Bourns College of Engineering.’’ same luxury. We, as a nation, are very lucky Friends of Saint James/Save Saint James in to live life like this. Unfortunately, it can In addition to her husband, Rosemary is come with a heavy price. We have been able an effort to stop the closing of their church. survived by her son Gordon; daughters Linda to live this way only because we know that The members of Friends of Saint James/Save Hill, Anita Macbeth and Denise Moyles; 14 we are being protected by hard-working men Saint James are committed to the preservation grandchildren and three great-grandchildren. and women who wish only to serve our na- of Saint James as a parish and an Rosemary will always be remembered for tion. These men and women are the members architecturally significant structure in the City her incredible contributions to business, her of the Armed Forces. Each and every day, of Lakewood. They have dedicated them- they risk their lives to protect ours no mat- work ethic, generosity, and love of family. Her selves to the development of a long range fi- ter where they are, whether they’re in a dedication to her work, family and community nancial plan for capital improvements and small town in the U.S. or a small town in the is a testament to a life lived well and a legacy Middle East. They make sure that nothing maintenance of the church and its programs. that will continue. I extend my condolences to happens to us so that we can continue living Mr. Speaker and colleagues, please join me the way we do. Rosemary’s family and friends; although Rose- However, as mentioned before, such a lux- in recognizing the reopening of St. James’ mary may be gone, the light and goodness ury comes with a price. Some members of Church, a beloved parish that has returned to she brought to the world remain and will never our active military are lucky enough to re- the City of Lakewood. be forgotten.

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15154 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 13, 2012 IN HONOR OF CZECHOSLOVAK Thornburgh received the Purple Heart vital contributions and great achievements by INDEPENDENCE DAY after being wounded in Vietnam in 1969. Polish immigrants within our Cleveland com- Purple Heart recipients are military per- munity, and throughout America. sonnel wounded as a direct result of enemy HON. DENNIS J. KUCINICH action. f OF OHIO Councilman Bobby ‘‘Gravedigger’’ Keisler IN HONOR OF JUDGE COLLEEN sponsored the resolution to designate Lex- IN THE HOUSE OF REPRESENTATIVES TOY WHITE Tuesday, November 13, 2012 ington County as a Purple Heart county. ‘‘It is important to support veterans and Mr. KUCINICH. Mr. Speaker, I rise today in the people who served our country,’’ Keisler HON. ELTON GALLEGLY recognition of Czechoslovak Independence said. He said James Miller asked him to OF CALIFORNIA sponsor the Purple Heart designation. Miller, Day, which is being celebrated at Cleveland’s IN THE HOUSE OF REPRESENTATIVES National Bohemian Hall on October 26 of South Congaree, is the state commander through 28, 2012. of the Military Order of the Purple Heart. Tuesday, November 13, 2012 Miller lives in Keisler’s district. Czechoslovak independence was declared ‘‘It’s an honor to do it,’’ said Keisler, who Mr. GALLEGLY. Mr. Speaker, I rise in honor on Wenceslas Square on October 28, 1918 served a six-year stint in the U.S. Army dur- of my good friend Judge Colleen Toy White, and the Czechoslovak Republic was estab- ing the Vietnam era. who was recently honored by the Gold Coast lished. Thomas Masaryk was both the founder John B. Testruth is the Adjutant of Chap- Veterans Foundation with its General Roger L. and the first president of the Czechoslovak ter 402. The chapter is the largest of the 13 in Brautigan Excellence in Leadership Award. Republic, often referred to as the ‘‘First Re- South Carolina. It has 298 members. I have known Judge White since she served public.’’ Although Czechoslovakia only lasted Testruth said the Purple Heart Chapter also as Chief Deputy in the Ventura County District two decades because of Nazi Germany’s oc- raises funds to donate to causes for veterans. Attorney’s Office. We both trace our roots to He also said the county is supportive of vet- cupation of the Czech Lands in 1938, Czechs erans in general. Oklahoma, and share and respect the values continue to view October 28 as the day of ‘‘Lexington is a very patriotic county,’’ of family, and of upholding the Constitution their national founding. Thornburgh said. ‘‘People are supportive and and the rule of law. Bohemian National Hall was built in Cleve- appreciate those who served.’’ Judge White combined those values with land, Ohio, in 1897 to cultivate friendships, f drive, talent, and intelligence and rose from a charity and benevolence among the Bohemian law clerk in the prosecutor’s office to become nationalities. Included in their priorities were IN RECOGNITION OF PULASKI DAY the chief assistant district attorney, the number gymnastics, education and the advancement 2012 two position. She also brought those values of their culture. Thomas Masaryk made two and qualities to the bench when she was ap- visits to Cleveland in his lifetime, one in 1902 HON. DENNIS J. KUCINICH pointed to the Ventura County Superior Court and another in 1918 where he spoke at the OF OHIO by Governor Pete Wilson. National Bohemian Hall. Located in Cleve- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the General Roger L. land’s Slavic Village neighbor, today Bohe- Brautigan Excellence in Leadership Award is Tuesday, November 13, 2012 mian National Hall serves as the home to the presented to an individual who has dem- Czech Cultural Center. Mr. KUCINICH. Mr. Speaker, I rise today in onstrated outstanding leadership in the cause This year’s celebration of Czechoslovak recognition of the Polonia Foundation of Ohio of veterans. Independence Day will be celebrated by as they unite the Polish community in remem- Judge White knows of veterans’ needs di- Cleveland’s Czech community and Sokol brance and celebration of General Casimir Pu- rectly. Her husband, Art Bliss, is a retired Greater Cleveland at Bohemian National Hall laski, for his legacy and dedication to the peo- naval officer and several of her nephews are between October 26 and 28. ple of Poland and United States of America. active military. Mr. Speaker and colleagues, please join me Born on March 4, 1747 in Warzka, Poland, Her knowledge of veterans’ needs led her to in honoring the anniversary of Czechoslovak General Pulaski achieved great military suc- provide the ground work and to advocate for Independence Day, October 28, 2012. cess in Poland with his focused leadership a veterans court. Judge White now presides f and strategies in fighting the Russian forces in over the veterans court, in addition to pre- Poland. By 1777, General Pulaski had be- siding over the domestic violence court, elder LEXINGTON COUNTY IS FIRST come one of the most renowned cavalrymen abuse court, and mental health court. in Europe and was actively recruited by Ben- In addition, Judge White has been instru- HON. JOE WILSON jamin Franklin to assist in the American quest mental in assisting other courts to develop vet- OF SOUTH CAROLINA for liberation. erans programs. IN THE HOUSE OF REPRESENTATIVES Sympathetic to the American cause, Gen- Outside of the courtroom, Judge White is Tuesday, November 13, 2012 eral Pulaski sailed to America and was made active in community organizations involving head of the newly formed American cavalry our youth and education. She served on the Mr. WILSON of South Carolina. Mr. Speak- during the Revolutionary War. General Pulaski Board of Trustees of the Ventura/Santa Bar- er, the following article was published recog- had a deep level of commitment to the Amer- bara College of Law and is a former member nizing the leadership of Lexington County, ican cause, spending his own money to feed of the Board of Directors of the Ventura Col- South Carolina, as a Purple Heart County in and equip his troops. General Pulaski was in- lege Foundation. She served as president of the Lexington County Chronicle on September volved in many significant battles during the the Board of Directors of Interface Children 20, 2012: Revolution. His ultimate stand took place in Family Services of Ventura County and was a LEXINGTON IS THE FIRST PURPLE HEART Savannah, Georgia on October 1779, where past president and member of the Board of Di- COUNTY he led a valiant charge against British artillery. rectors of the Child Abuse and Neglect, an or- Lexington County became the first in the General Pulaski was shot and died a few days ganization dedicated to the protection of chil- state to be designated as a Purple Heart later. dren. County. A resolution was read before Lexington This year’s celebration will be held on Octo- She was appointed Chairperson of Presi- County Council, Sept. 11, that named Lex- ber 20 at Cleveland’s City Hall Rotunda and dent Reagan’s Council on the Peace Corps ington a Purple Heart County. will feature Dr. Marek Dollar, Ohio’s Honorary and was appointed to a second term by Presi- ‘‘It’s a recognition and a show of support Consul of the Republic of Poland. Dr. Dollar is dent George H.W. Bush. for not only Purple Heart recipients, but for also the Dean of the Engineering College at Not surprisingly, Judge White has won nu- veterans and all of those who served,’’ said Miami University. merous awards for her service to the law and Stan Thornburgh. Mr. Speaker and colleagues, please join me her community. Thornburgh, of Lexington, is a past com- mander of the Col. Charles Murray Memorial in honor and remembrance of General Casimir Mr. Speaker, Judge Colleen Toy White is a Chapter of the Military Order of the Purple Pulaski, who made the ultimate sacrifice in his deserving recipient of the General Roger L. Heart. The chapter is based in Columbia, but fight to secure the ideals of the American Rev- Brautigan Excellence in Leadership Award. It many of its members live in Lexington Coun- olution. An American hero, General Pulaski’s has been an honor for me to call Toy White ty. life and legacy serves as a reminder of the my personal friend for a long time. She is

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One of Mrs. Johnson’s honor. successful career as co-director of the Earth greatest rehabilitation efforts took place right f Day Coalition to the next phases of her life in here in Washington, DC, where she oversaw retirement and wishing her much success in the planting of thousands of flowers through- IN HONOR OF CHRIS TREPAL her next endeavors. out our Nation’s capital. f Driving from her home in Texas to Wash- HON. DENNIS J. KUCINICH ington, DC, Mrs. Johnson expressed concern OF OHIO IN RECOGNITION OF THE RETIRE- with the uninviting appearance of our Nation’s IN THE HOUSE OF REPRESENTATIVES MENT OF CARROLL L. ‘‘LEW’’ Interstate highways. Ultimately, President Tuesday, November 13, 2012 WATSON Johnson signed the ‘‘Highway Beautification Act’’ into law in 1965, enhancing the scenic Mr. KUCINICH. Mr. Speaker, I rise to honor HON. MIKE ROGERS views of our highways and byways. In 1999, Chris Trepal, who is retiring from the Earth when Secretary of the Interior Bruce Babbitt OF ALABAMA Day Coalition, one of the major forces in presented Mrs. Johnson with the Native Plant IN THE HOUSE OF REPRESENTATIVES Northeast Ohio to promote environmental edu- Conservation Initiative Lifetime Achievement cation, protection, and advocacy. Tuesday, November 13, 2012 Award, he noted that the First Lady had been In the late 1980s, as the nation coalesced a shadow Secretary of the Interior for much of around how to best acknowledge the 20th an- Mr. ROGERS of Alabama. Mr. Speaker, I her life. Today, we continue to enjoy the bene- niversary of the first Earth Day of 1970, Chris ask for the House’s attention today to recog- nize Lew Watson who is retiring as Mayor of fits of the First Lady’s efforts to beautify our was a parent, educator, and volunteer for the roads and highways. Sierra Club. Called by Governor Richard Ce- the City of Lincoln, Alabama, on the 40th anni- versary of the day he first took the oath of of- Mr. Speaker, as we celebrate the centennial leste, Chris attended an organizing meeting at of Mrs. Johnson’s birth, we hold in great re- fice. Cleveland State University and was moved to gard the value of these national improvements Carroll L. ‘‘Lew’’ Watson was born in Nor- action to fight for the environment. Along with by preserving the beauty of our lands— folk, Virginia, to Carroll and Ruth Watson on Scott Sanders, Chris co-founded the Earth through constant revitalization and conserva- May 9, 1943. He graduated from Lincoln High Day Coalition in 1990 and until her retirement tion. We have Mrs. Johnson’s unifying grace was co-director with Sanders. School in 1961 and graduated from the Uni- to thank for her contributions to the American In the last 23 years, Chris has been a vi- versity of Alabama with a Bachelor’s of Art de- landscape, and I am pleased to recognize sionary who organized the ‘‘Annual EarthFest’’ gree in 1965. these lasting contributions by the former First and ‘‘Walk or Bike for the Earth.’’ Every spring After graduation from college, he joined the Lady from Texas. United States Army where he served until at the Cleveland Metroparks Zoo, the f EarthFest has been the largest and longest- September of 1969 when he retired at the running environmental education event in the rank of Captain. He later attended Birmingham HONORING MR. CABLE TELEVISION State of Ohio. It is widely attended and is the School of Law and received his Juris Doctor IN NORTH CAROLINA—JACK W. place-to-be for non-profits and leaders who degree on May 23, 1982. STANLEY want to promote their causes. Watson was first elected mayor in 1972 at For more than 10 years, Chris worked with the age of 29 when Lincoln’s population was HON. HOWARD COBLE the region’s best environmental education ex- a little over 1,100. Over the years, Lew was OF NORTH CAROLINA perts, naturalists, and interpreters to establish able to help build local infrastructure and help IN THE HOUSE OF REPRESENTATIVES the Cleveland Lakefront Nature Preserve, for- recruit industries like Honda Manufacturing of Tuesday, November 13, 2012 merly Dike 14. Officially opened in February Alabama, LLC which helped the city grow and 2012, the Preserve is 88 acres of wild lands prosper to what it is today. During his time in Mr. COBLE. Mr. Speaker, on behalf of the citizens of the Sixth District of North Carolina, along Lake Erie in the heart of Cleveland with office the city’s population grew by over 450 I take this occasion to honor Jack W. Stan- almost 300 species of birds who live and mi- percent. ley—a great personal friend for many years— grate on the site along with butterflies and Watson’s children include Carroll Lewis as he retires from 45 years of service in the mammals such as the red fox, mink, coyote, Watson and his wife Alyson, Samantha Bluhm cable television industry. Jack has been a true and her husband Patrick, David G. Watson deer and others. Chris led the Earth Day Coa- pioneer in the industry, helping to lead its and his wife Azumi, and Jessica Laffosse and lition’s efforts to convene and be the fiscal growth from a service designed merely to ex- agent for the collaborative effort to establish her husband Michael. tend over-the-air broadcast signals into hard to the Preserve. Mr. Speaker, we join his friends and family reach areas to what it is today—an industry Chris is a founding member of the City of in this surprise celebration in his honor. We that makes available to homes across the na- Cleveland’s Air Pollution Advisory Committee, will miss Lew’s leadership in Lincoln, and wish tion hundreds of linear video channels, on-de- created by city ordinance. She has worked on him the very best. mand programming, high-speed broadband clean air issues such as Diesel Hot Spots, idle f services, digital telephone services, home net- reduction, and reining in mercury emissions HONORING FORMER FIRST LADY working and home security services. It is an from coal-fired power plants and the proposed industry that is driven by innovation and pri- City of Cleveland waste incinerator (which was MRS. CLAUDIA ALTA ‘‘LADY BIRD’’ JOHNSON vate investment. And Jack has seen it all and stopped, based in part on the Earth Day Coali- helped make it happen. tion’s advocacy). In any conversation with Jack, it doesn’t Chris Trepal is the recipient of numerous HON. EDDIE BERNICE JOHNSON take long to find out about his roots—rural awards for the work she has done over the OF TEXAS Georgia. He is proud to be a country boy. His years, including: Conservationist of the Year IN THE HOUSE OF REPRESENTATIVES professional life to this day remains grounded by the Cuyahoga Soil and Water Conservation Tuesday, November 13, 2012 in the clay of Dodge County, Georgia, where District; Outstanding Conservationist Award by he grew up in modest circumstances on his the Cleveland Metroparks Zoo; Award for Out- Ms. EDDIE BERNICE JOHNSON of Texas. family’s farm and learned the lessons of hard standing Service by the Lee-Seville-Miles Citi- Mr. Speaker, I rise today to honor the life of work and respect for others that he has car- zens; Greater Cleveland Woman of Achieve- former First Lady, Mrs. Claudia Alta ‘‘Lady ried with him throughout his carrier. Jack grad- ment Award from the YWCA of Cleveland; Bird’’ Johnson. Mrs. Johnson, wife of Presi- uated from South Georgia Technical College Certificate of Environmental Achievement from dent Lyndon Baines Johnson, was known for where he studied Electronics Technology and the National Awards Council for Environmental her prominent role in public service, and for completed an Executive Management Devel- Sustainability; Golden Spruce Award from the her lifelong efforts to beautify public places opment Program at Denver University. Cuyahoga County Planning Commission; and across the country. Most recently, Jack has served as the Re- the Excellence in Education Award from the As First Lady, Mrs. Johnson promoted the gional Vice President for Government Rela- Better Business Bureau. conservation and beautification of our public tions for Time Warner Cable with responsibility

VerDate Sep 11 2014 12:51 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR12\E13NO2.000 E13NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15156 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 13, 2012 for North Carolina, South Carolina, Virginia A modest man, who came from modest merit in the 1950s . . . but not later on, when and Alabama. In this role, he has represented means, he doesn’t seek attention—but he de- the field began developing more scientific his company before various governmental serves it. Jack is a true Southern gentleman in approaches.’’ That’s a paraphrase of histo- bodies and coordinated its advocacy on impor- rian Edward Shorter, whose judgment re- the best sense of that term. flects the conventional wisdom: Szasz called tant issues affecting the cable industry. Jack I join with all of the residents of the Sixth much-needed attention to psychiatric abuses enjoyed many successes in this challenging District of North Carolina in honoring Jack for early in his career but went too far by insist- role, including developing positive relation- his fine career and to wish him all the best as ing on a fundamental distinction between ac- ships with federal, state and local govern- he enters, what I am sure will be, a very ac- tual, biological diseases and metaphorical mental leaders and helping to ensure con- tive and productive retirement. diseases of the mind. In fact, however, Szasz’s radicalism, which sistent and fair regulatory treatment for cable f operators. he combined with a sharp wit, a keen eye for For the bulk of his working career, Jack TRIBUTE TO THOMAS SZASZ obfuscating rhetoric, and an uncompro- mising dedication to individual freedom and served in a variety of operational roles in the responsibility, was one of his greatest cable television industry, including successfully HON. RON PAUL strengths. Beginning with The Myth of Men- leading cable systems in Georgia, Texas and OF TEXAS tal Illness in 1961 and continuing through 35 North Carolina. He served as Division Presi- IN THE HOUSE OF REPRESENTATIVES more books and hundreds of articles, the dent of Time Warner Cable’s Greensboro Divi- maverick psychiatrist, driven by a ‘‘passion Tuesday, November 13, 2012 sion, where he managed a staff of some 700 against coercion,’’ zeroed in on the employees. Under his leadership the Division Mr. PAUL. Mr. Speaker, I ask unanimous foundational fallacies underlying all manner of medicalized tyranny. was top-ranked in customer satisfaction and consent to insert into the CONGRESSIONAL The idea that psychiatry became scientif- consistently exceeded the established busi- RECORD ‘‘The Man versus the Therapeutic ically rigorous soon after Szasz first likened ness metrics. State,’’ by Jacob Sullivan of Reason maga- it to alchemy and astrology is hard to take He is known among his peers as an innova- zine. This piece pays tribute to Dr. Thomas seriously. After all, it was not until 1973 that tive leader who is committed to exceptional Szasz, who passed away on September 8th of the American Psychiatric Association (APA) customer service and who has the ability to this year. stopped calling homosexuality a mental dis- forge positive relationships with consumers, Dr. Szasz, a trained psychiatrist, was the order. employees and public officials. In 1988, Jack More often, psychiatry has expanded its leading opponent of what he labeled the domain. Today it encompasses myriad sins developed the first set of service standards for ‘‘therapeutic state.’’ For over fifty years, in 35 and foibles, including smoking, overeating, Time Warner Cable, which quickly became the books, and hundreds of articles, Dr. Szasz de- gambling, shoplifting, sexual promiscuity, basis for national industry standards and are fended human liberty and dignity against mod- pederasty, rambunctiousness, inattentive- still in use today. This commitment to cus- ern psychiatry. Modern psychiatry, of course, ness, social awkwardness, anxiety, sadness, tomer service was recognized with a Chair- insists that behaviors which deviate from some and political extremism. If it can be de- man’s Award and the National Public Affairs arbitrary norm serve as signs or symptoms of scribed, it can be diagnosed, but only if the Award of the Maryland and Delaware Cable organic ‘‘mental illnesses’’ (although the phys- APA says so. Asperger’s, for instance, will cease to exist when the fifth edition of the Association. As anyone who has worked with iological mechanisms never seem to be clearly him will tell you, Jack always has the cus- APA’s Diagnostic and Statistical Manual of identified, much less explained). Since ‘‘sick Mental Disorders (DSM) comes out next tomers’ interests foremost in his mind in any people’’ are incapable of controlling them- year. decision impacting the business. selves, it is the responsibility of government to As Marcia Angell, former editor of The Jack carried this customer commitment over protect them by constraining their ability to New England Journal of Medicine, observed to his service to the industry. He served four make harmful choices. last year in The New York Review of Books, separate terms as President of the North This is the mentality that Dr. Szasz fought ‘‘there are no objective signs or tests for Carolina Cable Telecommunications Associa- against so valiantly. By applying the philos- mental illness—no lab data or MRI find- tion where, in addition to being a terrific leader ings—and the boundaries between normal ophy of liberty to psychiatry, Dr. Szasz under- and abnormal are often unclear. That makes and gracious colleague, he was instrumental mined the ‘‘individual as helpless victim’’ men- in establishing a college scholarship program it possible to expand diagnostic boundaries tality that helps justify restrictors on personal or even create new diagnoses in ways that to help provide higher education opportunities liberty when it comes to drugs, fatty foods, would be impossible, say, in a field like car- for children of members of the cable industry. sodas, pornography, gambling, etc. Dr. Szasz diology.’’ In other words, mental illnesses Providing opportunities for others has always clearly understood, and predicated, the rise of are whatever psychiatrists say they are. been a driving focus of Jack’s career. the therapeutic nanny state. How ‘‘scientific’’ is that? Not very. In a Jack has also been an active leader in the 2010 Wired interview, Allen Frances, lead edi- No doubt Dr. Szasz could have enjoyed a tor of the current DSM, despaired that defin- community. He was appointed by former Gov- successful career had he moderated his views ernor Jim Hunt to represent the cable industry ing mental disorders is ‘‘bullshit.’’ In an on- or kept quiet instead of presenting a principled on a task force where he was instrumental in line debate last month, he declared that challenge to the psychiatric-government com- ‘‘mental disorders most certainly are not establishing a partnership between the Asso- plex. But Dr. Szasz was one of those rare in- diseases.’’ ciation of Public Telecommunications and the dividuals who could not be silent when liberty Then what exactly are they? For more cable industry in OPEN/Net, a virtual ‘‘town was threatened. For his courage in speaking than half a century, Szasz stubbornly high- hall’’ that provided citizens direct access to lighted the hazards of joining such a fuzzy, truth to power, Dr. Szasz was rewarded with state and local leaders via cable technology. subjective concept with the force of law ridicule and scorn from the gatekeepers of ‘‘re- He eventually served on the APT Board for through involuntary treatment, the insanity spectable’’ opinion. However, Dr. Szasz did two terms. He also served on numerous other defense, and other psychiatrically informed find a receptive audience among the ranks of boards, including the North Carolina Chamber policies. Consider ‘‘sexually violent predators,’’ who of Commerce, the North Carolina Center for the liberty movement, where he quickly earned a place as one of the movement’s most distin- are convicted and imprisoned based on the Public Policy Research, and the Greensboro premise that they could have restrained Partnership. guished thinkers. With the recent growth of the liberty movement, I would not be surprised if themselves but failed to do so, then com- Jack enjoys golf—and he’s really good at it. mitted to mental hospitals after completing You want to be on Jack’s team in business Dr. Szasz’s influence becomes greater in the their sentences based on the premise that and golf—especially golf! He has a passion for next several years. Certainly, all of us who they suffer from irresistible urges and there- history, and realizes his most important ac- work for individual liberty should be grateful for fore pose an intolerable threat to public safe- complishment is his family, which includes Dr. Thomas Szasz’s contributions to the cause ty. From a Szaszian perspective, this inco- twelve grandchildren. of freedom. herent theory is a cover for what is really The depth of his experience and knowledge [From Reason.com, Sept. 19, 2012] going on: the retroactive enhancement of duly imposed sentences by politicians who THE MAN VERSUS THE THERAPEUTIC STATE about the cable industry is matched by the decided certain criminals were getting off depth of his character and judgment. When (By Jacob Sullum) too lightly—a policy so plainly contrary to you shake hands in an agreement with Jack The New York Times obituary for Thomas due process and the rule of law that it had to Stanley, you do not have to wonder whether Szasz, who died this month at the age of 92, be dressed up in quasi-medical, pseudo- you have a deal. says his critique of psychiatry ‘‘had some scientific justifications.

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My own work has been tion as a whole depends on our ability to meet because of our airmen and airwomen. They powerfully influenced by Szasz’s arguments our energy needs through cleaner, renewable are true because of people like MSG Marvin against drug prohibition, especially his dis- sources. Tasby. cussion of its symbolism and its reliance on f f a mistaken understanding of addiction, and his criticism of paternalistic interventions, ON THE RETIREMENT OF MASTER RECOGNIZING MR. CRAIG such as New York Mayor Michael SERGEANT MARVIN D. TASBY ANTHONY WASHINGTON Bloomberg’s recently approved soda serving ceiling, that conflate private and public health. HON. NANCY PELOSI HON. EDDIE BERNICE JOHNSON I will always be grateful for Szasz’s cour- OF CALIFORNIA OF TEXAS age and insight, and so should anyone who IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES shares his passion against coercion. f Tuesday, November 13, 2012 Tuesday, November 13, 2012 SUPPORT CLEAN ENERGY Ms. PELOSI. Mr. Speaker, I rise today to Ms. EDDIE BERNICE JOHNSON of Texas. VICTORY BONDS honor the service and sacrifice of MSG Marvin Mr. Speaker, I rise today to recognize Mr. Tasby on the occasion of his retirement from Craig Anthony Washington, an accomplished the United States Air Force. For the last 4 attorney and elected official from Houston, HON. BOB FILNER years, Master Sergeant Tasby has served the Texas. Mr. Washington is being inducted into OF CALIFORNIA Air Force and our Nation as a legislative liai- the State Bar of Texas Legal Legends Project IN THE HOUSE OF REPRESENTATIVES son here in Congress. this month for his exemplary contributions to Tuesday, November 13, 2012 Master Sergeant Tasby is affectionately the legal profession and the pursuit of equal Mr. FILNER. Mr. Speaker, I rise today to known to many of us in Congress as ‘‘Taz.’’ justice under the law. draw attention to an important piece of legisla- For 26 years, the United States Air Force, and The Texas Legal Legends Project recog- tion that I and more than a dozen co-sponsors indeed the entire Nation, has benefitted from nizes exceptional lawyers who have worked to support—the Clean Energy Victory Bonds Act Taz’s talents, experience, and devotion. uphold the integrity of the courts, and to honor of 2012, H.R. 6275. I urge my colleagues to As we honor Taz, we also honor all of those those who have exceeded their professional co-sponsor this bill to help create our Nation’s who wear our Nation’s uniform. obligations to ensure fair and thorough advo- clean energy economy. When our airmen and airwomen serve, their cacy. Mr. Washington has been tireless in his The Clean Energy Victory Bonds Act would families serve as well. Today in paying tribute efforts to defend those without a voice in our create a new U.S. Treasury savings bond that to Master Sergeant Tasby we also express legal system by challenging discriminatory would support the development of our domes- our gratitude to his wife Katrina, his sons Jor- practices. tic renewable energy and energy efficiency dan and Justin, and his mother Jessie. Craig Washington was born in Longview, sectors. The bond would support programs After enlisting in the Air Force in 1986 in Texas. He grew up in Houston and, after high with a proven, successful track record in areas Shreveport, Louisiana, Taz served across the school, enrolled in Prairie View A&M Univer- such as wind, solar, geothermal technology, United States and around the world. He has sity at the age of 16 with the high hopes of fuel cell development, closed loop biomass worked in the Office of the Air Force Reserve becoming a dentist. Mr. Washington had cha- and other renewable technologies. The bond and served as a member of the 93rd Bomb risma and determination even at a young age, would also support home efficiency measures, Squadron and the 140th Fighter Wing. and he managed to convince the dean into ac- hybrid electric vehicles and charging stations. A key part of Taz’s latest posting, as a leg- cepting him into the law school program with The Clean Energy Victory Bond would be islative liaison, has been escorting Members future plans to transfer into dentistry. Instead, available for as little as $25, allowing most of Congress around the world. Indeed, Taz his passion for law dominated his academic Americans access to this investment oppor- has served as part of 50 fact-finding missions career. Four years later, he would graduate tunity that can play a key role in generating to 62 countries around the globe. In doing so, with honors and become the assistant dean the energy we need as a world leader. Just as he has earned the respect of Members and and an assistant professor of law at his alma the WW II Victory Bond helped our Nation staff. He is known around the world by State mater. make the profound economic shift that the war Department officials and foreign nationals. Mr. Washington’s tenure as a legislator, first effort required, the Clean Energy Victory Bond Personally, I’ve been proud to have Taz by in the Texas House, the Texas Senate, and can help shift today’s economy to the renew- my side in 16 countries—from Afghanistan to then in the U.S. House of Representatives, able energy foundation that our times now re- the United Kingdom, many of them more than was distinguished by this same unwavering quire. once. We’ve been together in Europe, the devotion to the underserved and his constitu- Once enacted, the Clean Energy Victory Middle East, Asia and North America. We’ve ents. He was known and respected for his ex- Bond will leverage $50 billion in investment to gone into war zones in Afghanistan and Iraq pert knowledge of criminal law throughout his provide up to $150 billion in both public and and we’ve travelled to meet with the heads of public service in the Texas House, Texas Sen- private financing for clean energy tech- parliaments from around the world. ate and in the U.S. Congress. As a lawmaker, nologies. This investment would create at Taz spends countless hours planning every he proved to be a commanding orator and po- least 1.7 million good jobs across the country. detail of a trip and ensuring logistics are exe- litical strategist, and no legislation regarding It is crucial that the United States increase in- cuted perfectly. I’ve seen firsthand Taz’s re- the criminal justice system was passed without vestment in renewable energy if we are to sourcefulness, attention to detail, and overall his review and expert analysis. compete globally as other nations surge for- commitment to excellence. Mr. Speaker, it is rare to find an individual ward with their own clean energy infrastructure Taz has been rightly honored with a number who is both passionate about affecting positive and technology. of medals throughout his 26 year career. social change and improving the lives of so Now more than ever, we must take bold These include the Defense Meritorious Service many. He is a tremendous criminal defense steps to address our energy security needs for Medal, Air Force Meritorious Service Medal, lawyer as well as an American analytical ge- the long term, and by allowing Americans to Army Commendation Medal, National Defense nius, and I stand today on this floor where he invest safely in renewable energy we can Service Medal, Kosovo Campaign Medal and stood many years ago to salute Mr. Wash- make significant progress toward that goal. the Global War on Terrorism Service Medal. ington. I am proud to call him my friend.

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