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

Vol. 158 WASHINGTON, FRIDAY, DECEMBER 21, 2012 No. 166 House of Representatives The House met at 2 p.m. and was H. CON. RES. 146 That the Senate passed with an amend- called to order by the Speaker. Resolved by the House of Representatives (the ment H.R. 443. That the Senate passed without amend- f Senate concurring), That when the House ad- journs on the legislative day of Friday, De- ment H.R. 4053. PRAYER cember 21, 2012, on a motion offered pursuant That the Senate passed without amend- Tne Chaplain, the Reverend Patrick to this concurrent resolution by its Majority ment H.R. 6671. Leader or his designee, it stand adjourned That the Senate passed 2388. J. Conroy, offered the following prayer: With best wishes, I am Loving God, we give You thanks for until 2 p.m. on Thursday, December 27, 2012, or until the time of any reassembly pursuant Sincerely, giving us another day. KAREN L. HAAS. As this Chamber lies silent and Mem- to section 2 of this concurrent resolution, whichever occurs first; and that when the f bers disperse to celebrate the holy days Senate recesses or adjourns on the legisla- with their families, we ask Your bless- tive day of Friday, December 21, 2012, or Sat- CONDITIONAL ADJOURNMENT TO ing upon them and upon us all. urday, December 22, 2012, on a motion offered MONDAY, DECEMBER 24, 2012 Massive pressures hang over them pursuant to this concurrent resolution by its The SPEAKER. Without objection, and our Nation. During these days of Majority Leader or his designee, it stand re- when the House adjourns today, it quiet, send an abundance of Your gifts cessed or adjourned until noon on Thursday, shall adjourn to meet at noon on Mon- of wisdom, knowledge, understanding December 27, 2012, or such other time on that day as may be specified in the motion to re- day, December 24, 2012, unless it sooner and good will that the concerns of has received message from the Senate America’s citizens might be assuaged cess or adjourn, or until the time of any re- assembly pursuant to section 2 of this con- transmitting its concurrence in House by good policy and solutions that will current resolution, whichever occurs first. Concurrent Resolution 146, in which guarantee a secure future. SEC. 2. The Speaker of the House and the case the House shall stand adjourned May all that is done this day be for Majority Leader of the Senate, or their re- pursuant to that concurrent resolution. Your greater honor and glory. spective designees, acting jointly after con- There was no objection. Amen. sultation with the Minority Leader of the f House and the Minority Leader of the Sen- ENROLLED BILLS AND JOINT ate, shall notify the Members of the House RESOLUTIONS SIGNED THE JOURNAL and the Senate, respectively, to reassemble The SPEAKER. The Chair has exam- at such place and time as they may des- Karen L. Haas, Clerk of the House, re- ported and found truly enrolled bills and a ined the Journal of the last day’s pro- ignate if, in their opinion, the public interest shall warrant it. joint resolution of the House of the following ceedings and announces to the House titles, which were thereupon signed by the approval thereof. The concurrent resolution was agreed Speaker: Pursuant to clause 1, rule I, the Jour- to. H.R. 3477. An act to designate the facility nal stands approved. A motion to reconsider was laid on of the United States Postal Service located f the table. at 133 Hare Road in Crosby, Texas, as the PLEDGE OF ALLEGIANCE f Army First Sergeant David McNerney Post Office Building. The SPEAKER. The Chair will lead COMMUNICATION FROM THE H.R. 3870. An act to designate the facility the House in the Pledge of Allegiance. CLERK OF THE HOUSE of the United States Postal Service located The SPEAKER led the Pledge of Alle- The SPEAKER laid before the House at 6083 Highway 36 West in Rose Bud, Arkan- giance as follows: sas, as the ‘‘Nicky ‘Nick’ Daniel Bacon Post the following communication from the Office’’. I pledge allegiance to the Flag of the Clerk of the House of Representatives: United States of America, and to the Repub- H.R. 3912. An act to designate the facility lic for which it stands, under nation under OFFICE OF THE CLERK, of the United States Postal Service located God, indivisible, with liberty and justice for U.S. HOUSE OF REPRESENTATIVES, at 110 Mastic Road in Mastic Beach, New all. Washington, DC, December 21, 2012. York, as the ‘‘Brigadier General Nathaniel Hon. JOHN A. BOEHNER, Woodhull Post Office Building’’. f The Speaker, House of Representatives, Wash- H.R. 5738. An act to designate the facility PROVIDING FOR AN ADJOURN- ington, DC. of the United States Postal Service located MENT OR RECESS OF THE TWO DEAR MR. SPEAKER: Pursuant to the per- at 15285 Samohin Drive in Macomb, Michi- HOUSES mission granted in Clause 2(h) of Rule II of gan, as the ‘‘Lance Cpl. Anthony A. DiLisio the Rules of the U.S. House of Representa- Clinton-Macomb Carrier Annex’’. The SPEAKER laid before the House tives, the Clerk received the following mes- H.R. 5837. An act to designate the facility the following privileged concurrent sage from the Secretary of the Senate on De- of the United States Postal Service located resolution: cember 21, 2012 at 1:37 p.m.: at 26 East Genesee Street in Baldwinsville,

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

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VerDate Mar 15 2010 01:50 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.000 H21DEPT1 pwalker on DSK7TPTVN1PROD with H7428 CONGRESSIONAL RECORD — HOUSE December 21, 2012 New York, as the ‘‘Corporal Kyle Schneider 8901. A letter from the Director, Regu- tional Oceanic and Atmospheric Administra- Post Office Building’’. latory Management Division, Environmental tion, transmitting the Administration’s final H.R. 5954. An act to designate the facility Protection Agency, transmitting the Agen- rule — Snapper-Grouper Fishery of the of the United States Postal Service located cy’s final rule — Approval and Promulgation South Atlantic; Reopening of the 2012 Com- at 320 7th Street in Ellwood City, Pennsyl- of Air Quality Implementation Plan; Idaho; mercial Sector for South Atlantic Red Snap- vania, as the ‘‘Sergeant Leslie H. Sabo, Jr. Update to Materials Incorporated By Ref- per, Gag, and South Atlantic Shallow-Water Post Office Building’’. erence [EPA-R10-OAR-2011-0685; FRL-9726-4] Grouper [Docket No.: 120709225-2365-01 and H.J. Res. 122. Joint resolution establishing received December 10, 2012, pursuant to 5 0907271173-0626-03] (RIN: 0648-XC332) received the date for the counting of the electoral U.S.C. 801(a)(1)(A); to the Committee on En- December 17, 2012, pursuant to 5 U.S.C. votes for President and Vice President cast ergy and Commerce. 801(a)(1)(A); to the Committee on Natural by the electors in December 2012. 8902. A letter from the Director, Regu- Resources. latory Management Division, Environmental f 8910. A letter from the Acting Deputy Di- Protection Agency, transmitting the Agen- rector, Office of Sustainable Fisheries, ADJOURNMENT cy’s final rule — Regulation of Fuels and NMFS, National Oceanic and Atmospheric The SPEAKER. Without objection, Fuel Additives: Modifications to the Administration, transmitting the Adminis- Transmix Provisions Under the Diesel Sulfur the House stands adjourned pursuant tration’s final rule — Fisheries of the North- Program [EPA-HQ-OAR-2012-0223; FRL-9763- eastern United States; Atlantic Herring to the previous order. 7] received December 10, 2012, pursuant to 5 Fishery; Sub-ACL (Annual Catch Limit) Har- There was no objection. U.S.C. 801(a)(1)(A); to the Committee on En- vested for Management Area 1A [Docket No.: Thereupon (at 2 o’clock and 5 min- ergy and Commerce. 0907301205-0289-02] (RIN: 0648-AC156) received utes p.m.), pursuant to the previous 8903. A letter from the Director, Regu- December 17, 2012, pursuant to 5 U.S.C. order of the House of today, the House latory Management Division, Environmental 801(a)(1)(A); to the Committee on Natural adjourned until noon, Monday, Decem- Protection Agency, transmitting the Agen- Resources. cy’s final rule — Approval and Promulgation 8911. A letter from the Program Analyst, ber, 24, 2012, unless it sooner has re- of Implementation Plans and Designation of ceived a message from the Senate Department of Transportation, transmitting Areas for Air Quality Planning Purposes; the Department’s final rule — Amendment of transmitting its concurrence in House Kentucky; Redesignation of the Kentucky Class E Airspace; Lewistown, MT [Docket Concurrent Resolution 146. Portion of the Huntington-Ashland, WV-KY- No.: FAA-2012-0538; Airspace Docket No. 12- f OH 1997 Annual Fine Particulate Matter ANM-8] received December 13, 2012, pursuant Nonattainment Area to Attainment [EPA- to 5 U.S.C. 801(a)(1)(A); to the Committee on EXECUTIVE COMMUNICATIONS, R04-OAR-20121-0751; FRL-9763-9] received De- Transportation and Infrastructure. ETC. cember 12, 2012, pursuant to 5 U.S.C. 8912. A letter from the Program Analyst, Under clause 2 of rule XIV, executive 801(a)(1)(A); to the Committee on Energy and Department of Transportation, transmitting Commerce. the Department’s final rule — Amendment of communications were taken from the 8904. A letter from the Director, Regu- Speaker’s table and referred as follows: Class D and Class E Airpsace; Bozeman, MT latory Management Division, Environmental [Docket No.: FAA-2012-0519; Airspace Docket 8896. A letter from the Director, Regu- Protection Agency, transmitting the Agen- No. 12-ANM-16] received December 13, 2012, latory Management Division, Environmental cy’s final rule — Approval and Promulgation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Implementation Plan and Designation of Protection Agency, transmitting the Agen- mittee on Transportation and Infrastruc- Areas for Air Quality Planning Purposes; cy’s final rule — Pyraflufen-ethyl; Entensian ture. of Time-Limited Pesticide Tolerances [EPA- South Carolina; Redesignation of the Char- 8913. A letter from the Program Analyst, HQ-OPP-2012-0750; FRL-9373-5] received De- lotte-Gastonia-Rock Hill, North Carolina- Department of Transportation, transmitting cember 10, 2012, pursuant to 5 U.S.C. South Carolina 1997 8-Hour Ozone Moderate the Department’s final rule — Establishment 801(a)(1)(A); to the Committee on Agri- Nonattainment Area to Attainment [EPA- of Class E Airspace; Chenega Bay, AK [Dock- culture. R04-OAR-2012-0327; FRL-9763-8] received De- et No.: FAA-2011-1429; Airspace Docket No. 8897. A letter from the Attorney-Advisor, cember 10, 2012, pursuant to 5 U.S.C. 11-AAL-22] received December 13, 2012, pursu- 801(a)(1)(A); to the Committee on Energy and Division of Legislation and Regulations, De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commerce. partment of Transportation, transmitting on Transportation and Infrastructure. 8905. A letter from the Director, Regu- the Department’s final rule — Retrospective 8914. A letter from the Program Analyst, latory Management Division, Environmental Review Under E.O. 13563: Seamen’s Claims; Department of Transportation, transmitting Protection Agency, transmitting a report en- Admiralty Claims [Docket No.: MARAD 2012- the Department’s final rule — Amendment of titled ‘‘Revised Enforcement Guidance Re- 0005] (RIN: 2133-AB79) received December 4, Class E Airspace; Augusta, GA [Docket No.: garding the Treatment of Tenants Under the 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA-2011-1334; Airspace Docket No. 11-ASO- CERCLA BFPP Provision’’; to the Com- Committee on Armed Services. 43] received December 13, 2012, pursuant to 5 8898. A letter from the Associate General mittee on Energy and Commerce. 8906. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on Counsel for Legislation & Regulations, De- Sustainable Fisheries, NMFS, National Oce- Transportation and Infrastructure. partment of Housing and Urban Develop- anic and Atmospheric Administration, trans- 8915. A letter from the Chief, Publications ment, transmitting the Department’s final mitting the Administration’s final rule — and Regulations Branch, Internal Revenue rule — Federal Housing Administration Fisheries of the Caribbean, Gulf of Mexico, Service, transmitting the Service’s final rule (FAH) Section 232 Healthcare Mortgage In- and South Atlantic: Reef Fish Fishery of the — Hurricane Sandy Relief [Announcement surance Program: Partial Payment of Claims Gulf of Mexico; Gray Triggerfish Manage- 2012-44] received December 7, 2012, pursuant [Docket No.: FR-5537-F-02] (RIN: 2502-AJ04) ment Measures [Docket No.: 120417412-2412-01] to 5 U.S.C. 801(a)(1)(A); to the Committee on received December 17, 2012, pursuant to 5 (RIN: 0648-BB90) received December 17, 2012, Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on Fi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f nancial Services. mittee on Natural Resources. 8899. A letter from the General Attorney, 8907. A letter from the Director, Office of REPORTS OF COMMITTEES ON Consumer Product Safety Commission, Sustainable Fisheries, NMFS, National Oce- PUBLIC BILLS AND RESOLUTIONS transmitting the Commission’s final rule — anic and Atmospheric Administration, trans- Under clause 2 of rule XIII, reports of Requirements for Child-Resistant Pack- mitting the Administration’s final rule — aging: Products Containing Imidazolines committees were delivered to the Clerk Groundfish Fisheries of the Exclusive Eco- for printing and reference to the proper Equivalent to 0.08 Milligrams or More [CPSC nomic Zone Off Alaska and Pacific Halibut Docket No.: CPSC-2012-0005] received Decem- Fisheries; Observer Program [Docket No.: calendar, as follows: ber 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); 110831549-2587-02] (RIN: 0648-BB42) received Mr. MICA: Committee on Transportation to the Committee on Energy and Commerce. December 17, 2012, pursuant to 5 U.S.C. and Infrastructure. Summary on the Activi- 8900. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Natural ties of the Committee on Transportation and latory Management Division, Environmental Resources. Infrastructure for the 112th Congress (Rept. Protection Agency, transmitting the Agen- 8908. A letter from the Deputy Director, Of- 112–718). Referred to the Committee of the cy’s final rule — Approval and Promulgation fice of Sustainable Fisheries, NMFS, Na- Whole House on the state of the Union. of Air Quality Implementation Plans; West tional Oceanic and Atmospheric Administra- Mr. MICA: Committee on Transportation Virginia; Redesignation of the West Virginia tion, transmitting the Administration’s final and Infrastructure. H.R. 5806. A bill to amend Portion of the Huntington-Ashland, WV-KY- rule — Fisheries of the Northeastern United the Homeland Security Act of 2002 to require OH 1997 Annual Fine Particulate Matter States; Black Sea Bass Fishery; Recreational the Administrator of the Federal Emergency Nonattainment Area to Attainment and Ap- Quota Harvested [Docket No.: 111220786-1781- Management Agency to provide guidance and proval of the Associate Maintenance Plan 01] (RIN: 0648-XC303) received December 17, coordination for outreach to people with dis- [EPA-R03-OAR-2012-0174; FRL-9764-4] re- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the abilities during emergencies, and for other ceived December 10, 2012, pursuant to 5 Committee on Natural Resources. purposes; with an amendment (Rept. 112–719, U.S.C. 801(a)(1)(A); to the Committee on En- 8909. A letter from the Deputy Director, Of- Pt. 1). Referred to the Committee of the ergy and Commerce. fice of Sustainable Fisheries, NMFS, Na- Whole House on the state of the Union.

VerDate Mar 15 2010 01:50 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.004 H21DEPT1 pwalker on DSK7TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — HOUSE H7429 Mr. GRAVES of Missouri: Committee on ment Reform discharged from further MEMORIALS Small Business. H.R. 3850. A bill to amend consideration. H.R. 3850 referred to the the Small Business Act with respect to goals Under clause 3 of rule XII, memorials Committee of the Whole House on the were presented and referred as follows: for procurement contracts awarded to small state of the Union, and ordered to be business concerns, and for other purposes; 322. The SPEAKER presented a memorial with an amendment (Rept. 112–720, Pt. 1). Re- printed. of the Senate of the State of Michigan, rel- ferred to the Committee of the Whole House Pursuant to clause 2 of rule XIII, the ative to Senate Resolution No. 181 sup- on the state of the Union. Mr. GRAVES of Committee on Oversight and Govern- porting an amendment to the PPACA; to the Missouri: Committee on Small Business. ment Reform discharged from further Committee on Energy and Commerce. H.R. 3851. A bill to amend the Small Business consideration. H.R. 3851 referred to the Act with respect to Offices of Small and Dis- Committee of the Whole House on the f advantaged Business Utilization, and for state of the Union, and ordered to be other purposes; with an amendment (Rept. 112–721, Pt. 1). Referred to the Committee of printed. CONSTITUTIONAL AUTHORITY the Whole House on the state of the Union. Pursuant to clause 2 of rule XIII, the STATEMENT Mr. GRAVES of Missouri: Committee on Committee on Oversight and Govern- Pursuant to clause 7 of rule XII of Small Business. H.R. 3980. A bill to amend ment Reform discharged from further the Rules of the House of Representa- the Small Business Act with respect to pro- consideration. H.R. 4118 referred to the curement center representatives and acquisi- tives, the following statements are sub- Committee of the Whole House on the mitted regarding the specific powers tion planning, and for other purposes; with state of the Union, and ordered to be an amendment (Rept. 112–722). Referred to granted to Congress in the Constitu- the Committee of the Whole House on the printed. tion to enact the accompanying bill or state of the Union. Pursuant to clause 2 of rule XIII, the joint resolution. Mr. GRAVES of Missouri: Committee on Committee on the Judiciary discharged By Mr. HOLT: Small Business. H.R. 3985. A bill to amend from further consideration. H.R. 4206 H.R. 6703. the Small Business Act with respect to men- referred to the Committee of the Whole Congress has the power to enact this legis- tor-protege programs, and for other pur- House on the state of the Union, and poses; with amendments (Rept. 112–723). Re- lation pursuant to the following: ferred to the Committee of the Whole House ordered to be printed. Article I of the Constitution of the United on the state of the Union. Pursuant to clause 2 of rule XIII, the States Mr. GRAVES of Missouri: Committee on Committee on Homeland Security dis- By Mr. ISRAEL: Small Business. H.R. 3987. A bill to amend charged from further consideration. H.R. 6704. the Small Business Act with respect to small H.R. 5806 referred to the Committee of Congress has the power to enact this legis- business concern size standards, and for lation pursuant to the following: the Whole House on the state of the This bill is enacted pursuant to the powers other purposes; with amendments (Rept. 112– Union, and ordered to be printed. 724). Referred to the Committee of the Whole granted to the Congress by Article I, Section House on the state of the Union. f 8, Clause 3 of the United States Constitution. Mr. GRAVES of Missouri: Committee on By Mr. LANGEVIN: Small Business. H.R. 4081. A bill to amend TIME LIMITATION OF REFERRED H.R. 6705. the Small Business Act to contract bundling, BILL Congress has the power to enact this legis- and for other purposes; with an amendment Pursuant to clause 2 of rule XII, the lation pursuant to the following: Article I, Section 8, Clause 1 of the United (Rept. 112–725). Referred to the Committee of following action was taken by the the Whole House on the state of the Union. States Constitution. Mr. GRAVES of Missouri: Committee on Speaker: Small Business. H.R. 4118. A bill to amend H.R. 940. Referral to the Committee on f the Small Business Act to provide for in- Ways and Means extended for a period ending not later than December 31, 2012. creased small business participation in mul- ADDITIONAL SPONSORS tiple award contracts, and for other purposes f (Rept. 112–726, Pt. 1). Referred to the Com- Under clause 7 of rule XII, sponsors mittee of the Whole House on the state of PUBLIC BILLS AND RESOLUTIONS were added to public bills and resolu- the Union. tions as follows: Mr. GRAVES of Missouri: Committee on Under clause 2 of rule XII, public Small Business. H.R. 4121. A bill to provide bills and resolutions of the following H.R. 1810: Mr. ALTMIRE and Mr. MEEKS. for a program to provide Federal contracts titles were introduced and severally re- H.R. 2479: Mr. HIMES. to early stage small businesses, and for other ferred, as follows: H.R. 6441: Mr. LATOURETTE. H.R. 6636: Mr. SERRANO, Ms. VELA´ ZQUEZ, purposes; with an amendment (Rept. 112–727). By Mr. HOLT: Mr. NADLER, Mrs. MCCARTHY of New York, Referred to the Committee of the Whole H.R. 6703. A bill to enable States to imple- Ms. SLAUGHTER, Mrs. MALONEY, Ms. House on the state of the Union. ment integrated statewide education longi- HAYWORTH, Mr. REED, Mr. MEEKS, Ms. Mr. GRAVES of Missouri: Committee on tudinal data systems; to the Committee on CLARKE of New York, Mr. ACKERMAN, Mr. Small Business. H.R. 4206. A bill to amend Education and the Workforce. RANGEL, Mr. ISRAEL, and Ms. BUERKLE. the Small Business Act to provide for in- By Mr. ISRAEL: H.R. 6690: Mrs. MILLER of Michigan and Mr. creased penalties for contracting fraud, and H.R. 6704. A bill to reauthorize the ban on LATTA. for other purposes; with amendments (Rept. undetectable firearms; to the Committee on H. Res. 734: Mr. ELLISON. 112–728, Pt. 1). Referred to the Committee of the Judiciary. the Whole House on the state of the Union. By Mr. LANGEVIN (for himself and f DISCHARGE OF COMMITTEE Mr. WELCH): Pursuant to clause 2 of rule XIII, the H.R. 6705. A bill to amend the Internal Rev- Committees on Energy and Commerce, enue Code of 1986 to reduce the depreciation DISCHARGE PETITIONS— Science, Space, and Technology, and recovery periods for energy efficient com- ADDITIONS OR DELETIONS Transportation and Infrastructure dis- mercial buildings, and for other purposes; to The following Members added their charged from further consideration. the Committee on Ways and Means. By Mr. BOEHNER: names to the following discharge peti- H.R. 3116 referred to the Committee of H. Con. Res. 146. Concurrent resolution tions: the Whole House on the state of the providing for a conditional adjournment of Petition 5 by Mr. BRALEY on House Reso- Union and ordered to be printed. the House of Representatives and a condi- lution 739: Bobby L. Rush. Pursuant to clause 2 of rule XIII, the tional recess or adjournment of the Senate; Petition 6 by Mr. WALZ on the bill (H.R. Committee on Oversight and Govern- considered and agreed to. 15): Carolyn McCarthy.

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Vol. 158 WASHINGTON, FRIDAY, DECEMBER 21, 2012 No. 166 Senate The Senate met at 1 p.m. and was Mr. WHITEHOUSE thereupon as- comprehensive agreement can pass ei- called to order by the Honorable SHEL- sumed the chair as Acting President ther Chamber without both Democratic DON WHITEHOUSE, a Senator from the pro tempore. and Republican votes, which means State of Rhode Island. f any solution will have to ask the most fortunate among us to pay a little PRAYER SCHEDULE more to reduce the deficit and ensure The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- partisanship doesn’t take the Nation to fered the following prayer: pore. The Senator from North Carolina. the brink of default. Let us pray. Mrs. HAGAN. Mr. President, fol- Nothing that has passed the House of Eternal God, You only are immortal, lowing leader remarks, the Senate will Representatives fits that test—noth- so today we offer our thanksgiving. begin consideration of the conference ing. A few days ago President Obama Thank You for life and for opportuni- report to accompany H.R. 4310, the Na- and Speaker BOEHNER appeared poised ties to make our Nation stronger. tional Defense Authorization Act. The to strike a grand bargain, but we have Thank You for the peace You give, filing deadline for second-degree heard that before. Instead of making even in the midst of storms. Use our amendments to the emergency supple- hard choices of compromise, as Presi- Senators today, filling them with mental bill is 1:30 p.m. today. dent Obama has been willing to do, the strength and purpose. May they labor At approximately 2 p.m., there will Speaker retreated to his corner and re- to encourage the right and correct the be a rollcall vote on adoption of the na- sorted to political stunts, but that wrong. When they meet with reversal tional defense conference report. We stunt fell flat. and failure, may they not become will work on an agreement for amend- It is time for the Speaker and all Re- weary but continue to work to fulfill ments in order to complete action on publicans to return to the negotiating Your will. the supplemental as well as an agree- table. We have never left. It is time for We pray in Your sacred Name. Amen. ment on FISA. Republicans to work with us to find the middle ground. That is the only f f hope of averting the devastating im- PLEDGE OF ALLEGIANCE RECOGNITION OF THE MAJORITY pacts of the fiscal cliff. The fiscal cliff LEADER The Honorable SHELDON WHITEHOUSE needs to be avoided. led the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- In the meantime, the Speaker should I pledge allegiance to the Flag of the pore. The majority leader is recog- bring the middle-class tax cut passed United States of America and to the Repub- nized. by the Senate 5 months ago to the floor lic for which it stands, one nation under God, f of the House for a vote. We know it will indivisible, with liberty and justice for all. pass. All he has to do is let Democrats THE FISCAL CLIFF f vote with some Republicans and it will Mr. REID. Mr. President, last night pass. The clock is ticking until the Na- APPOINTMENT OF ACTING the House of Representatives proved tion goes over the fiscal cliff and taxes PRESIDENT PRO TEMPORE what we have known for quite a while: go up for every family in America. But The PRESIDING OFFICER. The Speaker BOEHNER’s plan to raise taxes there is still time for the Speaker to clerk will please read a communication on 25 million middle-class taxpayers hit the brakes and avoid that cliff. We to the Senate from the President pro while handing out $50,000 bonuses to don’t need the ‘‘Thelma and Louise’’ tempore (Mr. LEAHY). millionaires and billionaires was dead projection over that cliff. The assistant legislative clerk read on arrival. We said that yesterday. We The Senate-passed bill would protect the following letter: knew the so-called Plan B was no plan 98 percent of families and 97 percent of U.S. SENATE, at all. It couldn’t pass the Senate. It small businesses from crippling tax PRESIDENT PRO TEMPORE, turns out it couldn’t pass the House ei- hikes while President Obama and the Washington, DC, December 21, 2012. ther. It is too bad Speaker BOEHNER Speaker work toward a compromise To the Senate: wasted 1 week on this futile political agreement. That agreement should be Under the provisions of rule I, paragraph 3, stunt, and that is all we can call it. comprehensive. If Republicans truly of the Standing Rules of the Senate, I hereby But at least now House Republicans want to ensure American families’ appoint the Honorable SHELDON WHITEHOUSE, a Senator from the State of Rhode Island, to have gotten the message loudly and taxes don’t go up on January 1, they perform the duties of the Chair. clearly that any comprehensive solu- should simply pass the Senate bill. The PATRICK J. LEAHY, tion to the looming fiscal cliff will only reason Speaker BOEHNER hasn’t President pro tempore. need to be a bipartisan solution. No brought our bill to the floor sooner is

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

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VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.000 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8324 CONGRESSIONAL RECORD — SENATE December 21, 2012 he knows it will pass. He worked for a can do it. This isn’t JOHN BOEHNER’s other $50,000 for each of them was de- day or two seeing if he could bring that problem to solve. He has done his part. feated here. It was defeated in the Sen- up so it wouldn’t pass. That didn’t He has bent over backward. ate. work either. Mr. President: How about rallying So my friend—and he is my friend— Americans are not fooled by the your party around a solution. How the Republican leader is struggling to Speaker’s phony procedural excuses for about getting Democrats to support find a way to blame Democrats, and it failing to bring this solution to a vote. something. is a struggle, trying to blame us for the They are tired of excuses. They expect I have said it many times before: We failure of the House to pass the Speak- action. simply cannot solve the problems we er’s bill. The House is led by the Re- Let me be very plain. There is noth- face unless and until the President of publicans. Their narrowed margin will ing preventing the Speaker from tak- the United States either finds the will be better for the country after the first ing up our bill and giving middle-class or develops the ability—the ability—to of the year, but right now he controls families certainty. I say to my friend, lead. This is a moment that calls for the House by a wide margin. the Speaker: This isn’t a game. It isn’t Presidential leadership. That is the I have served in the House. The about scoring political points or put- way out of this. It is that simple. Speaker is all powerful in the House. ting wins on the board. There will be Does anybody wonder why we keep To blame us for the travesty that took very serious consequences for millions going from crisis to crisis around here? place over there is pretty incredible. As of families if Congress fails to com- Does anybody notice a pattern? This I tried to say in my remarks, couldn’t promise, and there will be very serious doesn’t have to be a crisis. This was an we at least protect the middle class? consequences for our country if Con- opportunity, but once again the Presi- My friend complains the President gress fails to compromise. dent ignored it. He went out and held hasn’t done enough. He put forward a It is time for the Speaker to return rallies and gave partisan speeches even proposal that has received criticism to the negotiating table ready to com- after he had already been reelected. from Democrats because he was too promise, and it is time for the House— As I said yesterday, I think it is obvi- generous with Speaker BOEHNER. But especially House Republicans—to re- ous at this point the President wants the President believes, as he said sev- member what is at stake. to go off the cliff. But I know most of eral times, both sides might have to I repeat, the $250,000 program would the American people don’t want that. make hard choices. The President released a balanced pass overwhelmingly in the House. It is Today, I am going to make an offer. $2.4 trillion program. That is pretty up to the Speaker to let that vote With 10 days to go, we have an obliga- good. It would alleviate the fiscal cliff, occur. tion to act on something—something it would allow the SGR to continue so The ACTING PRESIDENT pro tem- that can pass the House and the Sen- doctors get paid and patients have a pore. The Republican leader. ate. If the President won’t propose it, if doctor to go to. It extended unemploy- Senate Democrats won’t propose it, I f ment benefits for people who are des- will. THE DAY AFTER perate. Earlier this year, the House passed a It is true that there is a crisis here, Mr. MCCONNELL. Mr. President, bill that extends current rates on ev- but it is because the House Republicans most people, of course, are focused on eryone for 1 year, with instructions for refuse to pass the Senate-passed tax what happened last night over in the expedited comprehensive tax reform by bill. It is because the Republicans in House. I would like to focus on the next year. We could bring up this the House are fighting among them- press conference that congressional House-passed bill. selves. Democrats held just a few hours ear- If the majority leader has a plan that The Republican leader seeks to pass lier. can get 60 votes in the Senate, break the House-passed bill, but we have al- Here were the leaders of the Demo- through the disarray in his own caucus ready turned that bill down. The real cratic Party in the Senate—other than and build bipartisan support, offer that answer lies in the Speaker, who con- the President, these are the folks with as an amendment and then let’s vote. trols the House of Representatives, the greatest responsibility for pro- Let’s vote on amendments from all talking to the President and working tecting the American people from a sides, and then let’s go to conference things out. massive tax hike coming in January— with the House of Representatives. The ACTING PRESIDENT pro tem- and what did they do? They stood in They have already passed a bill—one I pore. The Republican leader. front of the cameras and laughed. They support—to prevent a tax hike on all Mr. MCCONNELL. All I was sug- laughed. They giggled at a bunch of Americans and reform the Tax Code. gesting to my friend the majority lead- bad jokes and told the American people Why don’t we take it up here? Let’s get er is that you have the tax bill that they didn’t plan to do anything this this done. originated in the House. It came over week—nothing, absolutely nothing. It is called legislating. That is what to the Senate. If our friends in the ma- Democrats in the House vowed they we used to do in Congress. Democrats jority don’t like that version of it, they wouldn’t vote for this bill, the major- may be popping champagne corks could call it up, amend it, and see if ity leader vowed he would ignore it if it today about bringing down Plan B, but there is a majority in the Senate for made it out of the House and landed in all their efforts to do so yesterday will something. the Senate, and the President vowed he not protect a single taxpayer from a It seems to me that the time for fin- would veto it if it made it out of the massive tax hike in just a few weeks. ger-pointing is about over. The Amer- Senate. The American people are waiting. ican people are not particularly inter- So Democrats spent literally all day Surely, we can do better than this. ested in what originated here or there yesterday defeating a bill that would Let’s do it. or who is doing what; they are inter- make current tax rates permanent for I yield the floor. ested in getting a result. I was trying more than 99 percent of Americans, and The ACTING PRESIDENT pro tem- to be helpful in suggesting that you they laughed about it. Ten days to go pore. The majority leader. have a tax bill that came over from the until the fiscal cliff, and they laughed Mr. REID. Mr. President, if this House. You have a majority here. You about it. weren’t such a serious situation we could take it up, offer amendments, I don’t know if anybody has looked face ourselves, it would be laughable. and see if there is something that could at a calendar lately, but we are about Can anyone imagine saying we achieve a majority of the Senate rather out of time here, folks. This isn’t should defeat a bill we have already de- than just complaining because the funny. People’s livelihoods are at feated? We voted on the proposal at the House did not pass something yester- stake. The U.S. economy is at stake. same time we voted to pass that pro- day. That is not going to solve the Millions upon millions of families are tecting middle-class Americans. That problem. Somehow, some way, we need counting on us to do something. passed the Senate—one to give the to find a way forward, and I hope we Look, it is the President’s job—it is richest of the rich a continuation of can in the coming week. his job to find a solution that can pass the tax breaks they get. As I indicated, The ACTING PRESIDENT pro tem- the Congress. He is the only one who the proposal they had for about an- pore. The majority leader.

VerDate Mar 15 2010 00:57 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.002 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8325 Mr. REID. Mr. President, I hope we tion, and for defense activities of the Depart- It is going to impose sanctions on can too, but this is really quite re- ment of Energy, to prescribe military per- any insurance or reinsurance provider markable. I am told that Members sonnel strengths for such fiscal year, and for or underwriter that knowingly pro- from this body went and talked to the other purposes, having met, have agreed that vides underwriting service, insurance, the House recede from its disagreement to Republican caucus yesterday saying: the amendment of the Senate and agree to or reinsurance for activities for which Send us your plan B, and the Demo- the same with an amendment, and the Sen- sanctions have been imposed to any crats will take care of it and send you ate agree to the same, signed by a majority person in the energy, shipping, or ship- back something you will like better. of the conferees on the part of both Houses. building sector in Iran. We can all see what has happened in (The conference report is printed in It will designate the Islamic Republic the press. I like JOHN BOEHNER, but gee the RECORD of December 18, 2012.) of Iran Broadcasting and its president whiz, I mean, this is a pretty big polit- The ACTING PRESIDENT pro tem- as human rights abusers for their ical battering he is taking. What he pore. Under the previous order, there broadcasting of forced confessions and should do is allow a vote in the House will now be up to 1 hour of debate show trials, blocking their assets and of Representatives on a bipartisan bill. equally divided and controlled between preventing other entities from doing It will pass. Democrats will vote for it. the two leaders or their designees prior business with them and banning any Some Republicans will vote for it. That to a vote on adoption of the conference travel to the United States. is what we are supposed to do. But he report. The administration requested three is trying to pass everything with that The Senator from Michigan. modifications. In particular, one was majority he has that cannot agree on Mr. LEVIN. Mr. President, on behalf additional time to implement the pro- anything among themselves. Bring in of the Senate Armed Services Com- vision following enactment; the second the Democrats. That is what the coun- mittee, I am pleased to bring to the was additional time between waiver re- try was set up for. Our Founding Fa- Senate, along with Senator MCCAIN, newals; and third was a modification of thers set it up that way. But he wants the conference report on H.R. 4310, the the exceptions clause from nondes- some other method where everything is National Defense Authorization Act for ignated Iranian ‘‘financial institu- done by the slim majority they have. Fiscal Year 2013. This conference re- tions’’ in the Senate-passed version to This is absolutely incredible. We be- port, which was signed by all 26 Senate a broader term that would have incor- lieve the Speaker should be concerned. conferees, all the members of the Sen- porated nondesignated Iranian ‘‘per- I am confident he is, but maybe he is ate Armed Services Committee, con- sons.’’ That conference report provides more concerned, as some have said, tains many provisions that are of crit- two of the three modifications—the ad- about his election to be returned as ical importance to our troops. This will ditional time requested. It does not Speaker. He should be more concerned be the 51st consecutive year in which a make a change in terms of the excep- about what is going to happen to the national defense authorization act will tions clause. country. If he showed leadership and be enacted into law. The conference report contains a few walked out there and said: This is the I thank my dear friend Senator provisions addressing detainee issues. right thing for the country, we are all MCCAIN, our ranking minority member, These provisions extend existing limi- going to vote on this, Democrats will for all that he did to bring us to this tations on the transfer or release of vote for it and enough Republicans will conclusion and for the years of great Gitmo detainees for another year. We vote for it to pass something that will leadership on our committee. I have did not adopt the permanent limita- take us away from that fiscal cliff. But been lucky to have Senator MCCAIN as tions in the House bill. We also pro- this brinkmanship and this silliness a partner. I know both of us are grate- vided new flexibility for dealing with that is going on over there you would ful to the chairman and the ranking detainees who cooperate with U.S. in- not do in an eighth grade government member of the House Armed Services telligence and law enforcement au- election. Committee, BUCK MCKEON and ADAM thorities pursuant to pretrial agree- Mr. MCCONNELL. Mr. President, I SMITH, for their hard work on recon- ments. add that the time for finger-pointing is ciling the many differences between The report establishes new congres- gradually running out. The American the House and Senate bill and for help- sional notification requirements for people know we have a President, they ing to produce a solid bill to support military detainees held on naval ves- know we have a Senate, and they know the men and women of our Armed sels and for third-country nationals we have a House. They are anxiously Forces. who are released from military deten- awaiting whether we are going to solve The conference report contains many tion in Afghanistan, but the report this problem before the end of the year. important provisions that will improve does not place any conditions or limi- Mr. REID. Would the Chair announce the quality of life for our men and tations on such transfers. the business of the day. women in uniform. It will provide need- The conference report does not in- ed support and assistance to our troops clude the Senate language regarding f who are deployed. It will make the in- military detention inside the United RESERVATION OF LEADER TIME vestments we need to meet the chal- States. The House conferees would sim- The ACTING PRESIDENT pro tem- lenges of the 21st century. ply not accept this provision. Instead, pore. Under the previous order, the First and foremost, the bill author- we included a provision that says and leadership time is reserved. izes a 1.7-percent across-the-board pay states the following: raise for all members of the uniformed Nothing in the Authorization for Use of f services, consistent with the Presi- Military Force, (Public Law 107–40; 50 U.S.C. NATIONAL DEFENSE AUTHORIZA- dent’s request. 1541 note) or the National Defense Authoriza- TION ACT FOR FISCAL YEAR The conference report contains tion Act for Fiscal Year 2012 (Public Law 2013—CONFERENCE REPORT strong additional sanctions on Iran. 112–81) shall be construed to deny the avail- The Iran sanctions provisions will des- ability of the writ of habeas corpus or to The ACTING PRESIDENT pro tem- deny any Constitutional rights in a court or- ignate certain persons in Iran’s energy, pore. Under the previous order, the dained or established by or under Article III port, shipping, and shipbuilding sectors Senate will now proceed to the consid- of the Constitution to any person inside the as entities of proliferation concern, eration of the conference report to ac- United States who would be entitled to the subjecting many more transactions company H.R. 4310, which the clerk availability of such writ or such rights in the with such entities to sanctions. It will absence of such laws. will report. impose sanctions on persons selling or The assistant legislative clerk read The provision in the fiscal year 2012 supplying or diverting to Iran a defined as follows: act, which is referred to in the lan- list of materials relevant to the afore- guage I just read—it is already law— The committee of conference on the dis- mentioned sectors, to certain Iranian agreeing votes of the two Houses on the that section in the 2012 act is section amendment of the Senate to the bill (H.R. specially designated nationals and 1021. That section said the following: 4310) to authorize appropriations for fiscal blocked persons, or to be used in con- Nothing in this section shall be con- year 2013 for military activities of the De- nection with certain Iranian military strued to affect existing law or au- partment of Defense, for military construc- programs. thorities relating to the detention of

VerDate Mar 15 2010 00:57 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.004 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8326 CONGRESSIONAL RECORD — SENATE December 21, 2012 United States citizens, lawful resident decides to proceed with such a deploy- additional 32 fixed-wing, intra-theater aliens of the United States, or any ment. However, it does not mandate or airlift aircraft (C–27s and/or C–130s) be- other persons who are captured or ar- authorize deployment of any missile yond the number proposed by the Sec- rested inside the United States. The defense site, and does not require the retary. This addition will help us pro- language in this conference report re- Defense Department to submit a de- vide sufficient aircraft to meet the flects my view that Congress did not ployment plan to Congress. Army’s fixed-wing, direct support/time restrict or deny anyone’s Constitu- For Afghanistan, the conference re- sensitive airlift mission requirements. tional rights in either the 2001 Author- port includes a sense of Congress in Once again, I want to thank Senator ization for Use of Military Force or the support of the President’s plan for the MCCAIN. As I said before, I have been Fiscal Year 2012 National Defense Au- transition of lead responsibility for se- honored, pleased, and lucky to have thorization Act. The Statement of curity to the Afghan security forces in Senator MCCAIN as my partner in lead- Managers accompanying this con- 2013 and the drawdown of most U.S. ing the Armed Services Committee. I ference report points out that ‘‘con- forces by no later than the end of 2014. know how indebted we both are to our stitutional rights may not be re- Specifically, the sense of Congress pro- staffs as well as to all of the members stricted or denied by statute.’’ vides in part that the President should who work so well together on a bipar- On the Alternative Fuel provision, seek to ‘‘. . . take all possible steps to tisan basis. the conference report does not include end such operations at the earliest pos- Our majority and minority staffs a provision of the House-passed bill sible date consistent with a safe and were led by Rick Debobes and Ann that would have prohibited fiscal year orderly draw down of United States Sauer. They have done amazing work 2013 funding for the production or pur- troops in Afghanistan.’’ on this bill. They did a month’s worth chase of alternative fuel if the cost of The conference report also calls for of work in weeks. They did a week’s producing or purchasing the alter- an independent assessment of the size worth of work in days, and they did a native fuel exceeds the cost of tradi- and structure requirements of the Af- day’s worth of work in hours. tional fossil fuel. ghan National Security Forces nec- Mr. President, I ask unanimous con- The conference report does contain a essary for those forces to be able to en- sent that a full list of the majority and provision that limits DOD’s fiscal year sure that their country will not again minority staff, who gave so much of 2013 Defense Production Act—DPA— serve as a safe-haven for terrorists that themselves and their families, be print- funding for the construction of a threaten Afghanistan, the region, and ed in the RECORD. biofuel refinery until—that is the key the world. There being no objection, the mate- word—the DOD receives the promised On TRICARE, the conference report rial was ordered to be printed in the contributions from the Departments of establishes modestly increased cost- RECORD, as follows: Energy and Agriculture for the same sharing rates under the TRICARE Richard D. DeBobes, Staff Director; Ann E. purpose. We do not limit Phase I of the pharmacy benefits program for fiscal Sauer, Minority Staff Director; Adam J. DPA project, nor does the conference year 2013 in statute, and in fiscal years Barker, Professional Staff Member; June M. 2014 through 2022, limits any annual in- Borawski, Printing and Documents Clerk; report limit the use of FY12 funds for Leah C. Brewer, Nominations and Hearings biofuel refinery construction. creases in pharmacy copayments to in- Clerk; Christian D. Brose, Professional Staff On ‘‘cyber,’’ the conference report re- creases in retiree cost of living adjust- Member; Joseph M. Bryan, Professional Staff quires the Secretary of Defense to cre- ments. The Administration’s proposal Member; Pablo E. Carrillo, Minority General ate a process requiring defense contrac- would have tripled beneficiary copay- Counsel; Jonathan D. Clark, Counsel; Chris- tors that use or possess classified or ment rates over the next 10 years. tine E. Cowart, Chief Clerk; Lauren M. sensitive DOD information to report The conference report also requires Davis, Minority Staff Assistant; Jonathan S. successful cyber penetrations of their the Secretary of Defense to conduct a Epstein, Counsel; Gabriella E. Fahrer, Coun- networks or information systems. Ad- 5-year pilot program to refill prescrip- sel; Richard W. Fieldhouse, Professional Staff Member; Lauren M. Gillis, Staff Assist- ditionally, if the Department is con- tion maintenance medications for ant; Creighton Greene, Professional Staff cerned about a particular event and TRICARE for Life beneficiaries Member; Ozge Guzelsu, Counsel; Gary J. feels the need to determine what DOD through TRICARE’s national mail- Howard, Systems Administrator; Paul C. information may have been lost from order pharmacy program, resulting in Hutton IV, Professional Staff Member; Jen- such penetration, the provision would savings to the government of $1.1 bil- nifer R. Knowles, Staff Assistant; Michael J. authorize DOD to conduct its own fo- lion over the next decade. Kuiken, Professional Staff Member; Kath- rensic analysis, upon request, and sub- Regarding Air Force force structure, leen A. Kulenkampff, Staff Assistant; Mary ject to limitations. the conferees adopted language estab- J. Kyle, Legislative Clerk; Gerald J. Leeling, Counsel. I know the Presiding Officer has a lishing a commission, which would con- Daniel A. Lerner, Professional Staff Mem- special interest in this area of cyber se- sist of eight members, four appointed ber; Peter K. Levine, General Counsel; Greg- curity. This provision in the Defense by the President and four appointed by ory R. Lilly, Executive Assistant for the Mi- authorization bill represents a major leadership of the Committees on nority; Elizabeth C. Lopez, Research Assist- breakthrough in the Nation’s need to Armed Services of the Senate and the ant; Jason W. Maroney, Counsel; Thomas K. protect cyber—our information sys- House of Representatives. The Commis- McConnell, Professional Staff Member; tems and cyber security. sion would be required to report to the Mariah K. McNamara, Staff Assistant; Wil- There are a lot of other sensitive Congress by February 1, 2014, in time to liam G. P. Monahan, Counsel; Lucian L. Nie- meyer, Professional Staff Member; Michael areas where we are threatened with inform congressional action on the fis- J. Noblet, Professional Staff Member; Bryan cyber attacks, such as financial, police, cal year 2015 budget request, on an Air D. Parker, Minority Investigative Counsel; transportation sectors, which obvi- Force force structure that would, Cindy Pearson, Assistant Chief Clerk and Se- ously we could not touch; they are not among other things, meet the current curity Manager; Roy F. Phillips, Profes- within our jurisdiction. They need and anticipated requirement of the sional Staff Member; John L. Principato, similar action. combatant commanders while achiev- Staff Assistant; John H. Quirk V, Profes- The conference report provides that ing an appropriate balance between the sional Staff Member; Robie I. Samanta Roy, the Secretary of Defense will evaluate, regular and reserve components of the Professional Staff; Member Brian F. Sebold, by the end of 2013, at least three pos- Staff Assistant; Russell L. Shaffer, Counsel; Air Force, taking advantage of the Travis E. Smith, Special Assistant; William sible future missile defense interceptor unique strengths and capabilities of K. Sutey, Professional Staff Member; Diana deployment locations in the United each. G. Tabler, Professional Staff Member; Mary States—at least two of which would be The conference report would provide Louise Wagner, Professional Staff Member; on the East Coast—and then to prepare that during fiscal year 2013, the Air Barry C. Walker, Security Officer; Bradley S. an environmental impact statement for Force would be required to maintain Watson, Staff Assistant. the locations evaluated. It would also the alternative force structure pro- Mr. LEVIN. I would note that the require the Director of the Missile De- posed by the Air Force on November 2, committee’s chief clerk Chris Cowert fense Agency to prepare a contingency 2012, after Congress clearly indicated it will be retiring at the end of this year plan for deployment of an additional would reject the original plan. We after completing more than 41 years on interceptor site in case the President modified the November plan to add an the committee staff. She has been a

VerDate Mar 15 2010 00:57 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.005 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8327 driving force behind the staff support Some here may not care when they right to trial by jury but an unlimited, of the annual Defense Authorization determine that they are going to de- unbounded relinquishment of the right Act, and she will be sorely missed. tain Ahmed or Yousef or Ibrahim. to trial by jury without length or dura- I yield the floor. Many innocent Americans are named tion. The ACTING PRESIDENT pro tem- Ahmed or Yousef or Ibrahim. Many We are told that limiting the right to pore. The Senator from Arizona. Americans are named Saul or David or trial by jury is justified under the law Mr. MCCAIN. Mr. President, I note Isaac. Is our memory so short that we of war. Am I the only one uncomfort- the presence of the Senator from Ken- don’t understand the danger of allow- able applying the law of war to Amer- tucky on the floor. I understand he ing detention without trial? Is our ican citizens accused of crimes in the seeks recognition for 10 minutes, and I memory so short that we don’t under- United States? Is the law of war a eu- ask that he be recognized at this time. stand the havoc that bias and bigotry phemism for martial law? What is the The ACTING PRESIDENT pro tem- can do when unrestrained by the law? law of war except for something to go pore. The Senator from Kentucky. Trial by jury is our last defense against around the Constitution? It is an ex- Mr. PAUL. Mr. President, I rise in tyranny and our last defense against traordinary circumstance that might opposition to this bill because I believe oppression. We have locked up Arabs, happen in a battlefield somewhere else it contains language that would allow Jews, and the Japanese. but should not happen in the United American citizens to be detained with- Do we not want to retain our right to States. Every American accused of a out trial. The other side has argued trial by jury? Do we want to allow the crime, no matter how heinous, should that is not true, that they will be eligi- whims of government to come forward get their day in court and a trial by a ble for their constitutional rights if and lock up whom they please without jury of their peers. These are not idle they get into an article III court or a being tried? In our not-too-distant past questions. constitutional court. But here is the Americans named Ozaki, Ichiro, or I believe the defense of the Bill of rub: They have to be eligible. Who de- Yuki were indefinitely detained by the Rights trumps the concerns for speedy cides whether someone is eligible for tens of thousands without trial or ac- passage even of a bill which I generally the court? It is an arbitrary decision, cusation. Will America only begin to support. Sixty-seven Senators voted and this is what this debate has been regret our loss of trial by jury when just a few weeks ago to include a provi- over. Don’t let the wool be pulled over the people have names such as Smith sion in this bill that says we have a your eyes that everyone has protection and Jones? Mark my words: This is right to a trial by jury. It was plucked and they will get a trial by jury if ac- about people named Smith and Jones out in secret in conference despite the cused of a crime. or people named David, Saul, Isaac, wishes of two-thirds of the Senators in We had protection in this bill. We Ahmed, Yousef, or Ibrahim. This is this body—Republican and Democrat— passed an amendment that specifically about all Americans and whether they who were concerned about protecting said: If you are an American citizen or will have due process and the protec- the right to a jury trial. here legally in the country, you will tions of the law. Many Senators say: Well, we tried get a trial by jury. It was explicitly We are told these people are so evil and we lost. They outmaneuvered us; stated and it has been removed in the and so dangerous that we cannot allow they were sneakier than we were. I dis- conference committee. It has been re- trials. Trial by jury is who we are. agree that we give up. I think the time moved because they want the ability to Trial by jury is that shining beacon on is now. I think we make a statement. hold American citizens without trial in a hill that people around the world The fight is today. The subject is too our country. This is so fundamentally wish to emulate. It is why people came dear. If a majority today were to stand wrong and goes against everything we here. It is why we are exceptional as a and say: The right to trial by jury is stand for as a country that it cannot go people. It is not the color of our skin; important enough to delay the Defense unnoticed and should be pointed out. it is our ideas, it is the right to trial by authorization bill for 2 weeks, I think Proponents of indefinite detention jury that is looked to as a beacon of it would be an important message to without trial say that an accusation hope for people around the world, and send. alone is sufficient, that these crimes we are willing to discard it out of fear. So today I stand and urge a ‘‘no’’ are so heinous that trials are unneces- It is a shame to scrap the very rights vote on what I consider to be a trav- sary. They will show us pictures of for- that make us exceptional as a people. esty of justice. eigners in foreign dress from foreign Proponents of indefinite detention Thank you. lands and say that is what this debate will argue that we are a good people The ACTING PRESIDENT pro tem- is about. It is untrue. This debate is and we will never unjustly detain peo- pore. The Senator from Michigan. about American citizens accused of ple. I don’t dispute their intentions or Mr. LEVIN. Mr. President, the Sen- crimes in the United States. impute bad motives to them, but what ator from Kentucky is flat out wrong. Make no mistake that the faces of I will say is remember what Madison There is no such language in the bill terrorism include awful people who said. Madison said if a government which denies the right to trial by jury. should be punished to the full extent of were comprised of angels, we would not I think those are the same kinds of the law. The same portrait of evil could need the chains of the Constitution. We charges against last year’s bill. We are be drawn of domestic terrorists, domes- would not need to bind our representa- trying to keep up with the false tic terror, and domestic violence. One tives and restrain them from doing bad charges that the Senator makes, so we could parade pictures of Charles Man- things to good people. If all men in put language in this year’s bill which son, Timothy McVeigh—the Oklahoma government were angels, we would not says nothing in last year’s bill does or bomber—Jeffrey Dahmer, and people need the rules. All men in the govern- could be implied to do any such thing would cry out that they don’t deserve a ment are not angels now and never will as the Senator from Kentucky is charg- trial either. Most Americans under- be. There is always the danger that ing. We have language in this year’s stand at some level that when someone some day someone will be elected who bill and nothing from last year’s bill. is accused of a crime in our country, will take the rights away from the Jap- That was the same charge he made they get a trial by a jury of their peers. anese, Jews, or Arabs. It happened against last year’s bill, shall be con- No matter how heinous the crime is or once. We are told by these people who strued to deny the availability of the how awful they are, we give them a believe in indefinite detention that the writ of habeas corpus or deny any con- trial. This bill takes away that right battle is everywhere. If the battle is ev- stitutional rights in a court ordained and says if someone thinks a person is erywhere, our liberties are nowhere. If or established under article III of the dangerous, we will hold that person the battle is without end, when will Constitution to any person inside the without a trial. It is an abomination. It they return our liberties? When will United States. should not stand. Most Americans un- our rights be restored if the battle has Then he makes a totally outlandish derstand that if someone is accused of no end and the battlefield is limitless charge that they were outmaneuvered a crime, it does not make them guilty and the war is endless? When will our and they were sneakier than we were. of a crime. They will still get their day rights be restored? It is not a tem- Where does that come from? What is in court. porary or limited suspension of our the basis for that kind of a charge

VerDate Mar 15 2010 00:57 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.013 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8328 CONGRESSIONAL RECORD — SENATE December 21, 2012 against Senator MCCAIN and me? We our own homeland, to say: That doesn’t ture. I am offended by that, as are Sen- have put language in this bill which count. The American citizen is no ator MCCAIN and Senator LEVIN. The makes it absolutely clear that nothing longer at war because we are in Amer- way we tracked down bin Laden is we we have adopted here in this Senate ica; we have to read them their rights had people held at Gitmo for years does anything like what the Senator and give them a lawyer and we can’t under the law of war. We don’t try from Kentucky said—denying the peo- hold them for military intelligence- them or let them go. When we capture ple the right to jury trial. gathering purposes. somebody on the battlefield, we don’t I totally reject his argument. He does My good friend doesn’t understand hold a trial; we hold the prisoner to try not quote any language in this bill that that in fighting a war, the goal is to to gather intelligence and keep them does what he says this bill does. The win the war; it is to defeat the enemy. off the battlefield. Through that proc- Senator from Kentucky actually start- In fighting a crime, the goal is de- ess, over years, the Bush administra- ed his statement by saying this bill has signed to hold somebody accountable tion and the Obama administration put language which will deny a trial by for an illegal wrong. I have been a mili- together the puzzle about bin Laden. It jury. What language and what page? It tary lawyer for 30 years. He may not wasn’t because of waterboarding; it makes the allegation and sort of lets it understand the law of war, but I do and was because this country had available sit there. Well, it is flat out wrong. the Supreme Court does. The Supreme to it the law of war detention that al- I yield the floor. Court has said in World War II and in lows us to hold people and get to know The ACTING PRESIDENT pro tem- this war, if an American citizen col- them over time and make sure they pore. The Senator from South Caro- laborates with the enemy, they will be could not go back to the fight and good lina. given due process under the law of war. questioning and good interrogation Mr. GRAHAM. Mr. President, I want A Federal judge will hear the claim: I techniques led to finding bin Laden. to congratulate the authors and man- am wrongly held. I am not part of al- What the Senator from Kentucky is agers of the bill in the House with com- Qaida or the Taliban. That is the only saying is it would not be available to ing up with a very good bill for our time one could be held as an enemy us as a nation if an American citizen military which will have pay raises and combatant. In helping al-Qaida or the were involved in attacking us on the trying to increase our defenses. Taliban, one has to be involved in a homeland. What an absurd result, that I don’t mind saying that I think we plot or an act. If a Federal judge agrees if an American citizen joined al-Qaida are at war. I know the Presiding Offi- with the government that, yes, in fact, to kill everybody in this room, for cer believes that. How long does the there is evidence to suggest an Amer- some unknown reason, we would turn war last? I don’t know. I cannot tell ican citizen is helping the Taliban or that into a crime rather than an act of anyone. Am I supposed to know that? al-Qaida, I think most Americans war. Can we not fight it unless we know the would say it is reasonable to hold that If a person collaborates with al-Qaida date it ends? America, is it part of the person to find out what they know or the Taliban, two things can happen battlefield? Tell me. Where do you about this attack and future attacks. to them: They can get killed or they think they want to hit us the most? Can my colleagues imagine what can get captured. Most likely they will What do you think al-Qaida would like would happen in this country if three get a trial one day and nobody is re- to do more than anything else? They people were running up the Capitol stricting their trial rights. What Sen- would like to come here and destroy steps to blow up the Capitol and one of ator LEVIN said is true. There is noth- the building I am speaking in. The only them survived who was an American ing in here restricting the right of reason they cannot get here yet is be- citizen and we couldn’t hold them and trial. What is in here is giving us the cause we are fighting them over there. question them by asking: Where did option to hold someone as an enemy We are gathering good intelligence. you train? Is there any other attack combatant so we don’t have to We are taking the war home to them. planned? What do you know? Whom did Mirandize them and turn an act of war Our intelligence agencies, our FBI, our you work with? That we would have to into a crime. military, our CIA are all over the world say, within hours or a day or two, here I am afraid it will not be long before tracking these crazy people so they is your lawyer and you have a right to this is tested in reality. The enemy is cannot get here. So to suggest that I remain silent? Can we imagine what afoot. They are trying to penetrate our cannot tell when the war ends, there- would have happened in World War II if homeland. They are seeking aid and fore we have to turn it into a crime, is the American citizens who helped the comfort from Americans within our dangerous and absurd. Nazis—if we turned that into a com- own country who are going to side with Did they know when Germany, Ber- mon crime. the enemy, unfortunately. When that lin, or Tokyo was going to fall? What The difference between me and the day comes, I wish to make sure we happened to the German saboteurs who Senator from Kentucky is that I be- have the ability in this war, as in every landed in Long Island during World lieve with all my heart and soul that other war, to hold them and to gather War II? They were captured by the FBI the al-Qaida, Taliban groups are at war intelligence—not to torture them but and turned over to the military. What with us and are trying to come to our to make sure we are safe as a nation. happened to the American citizens who homeland. I know they are trying to Due process, yes. Under the law of war, were helping the German saboteurs? find American citizens who would help it must be so. If we turn this war into They were held as enemy combatants. them, and they will. There has never a crime, we are going to regret it. If To my good friend from Kentucky, I been a war in America where somebody my colleagues don’t believe we are at don’t doubt his passion or sincerity; I within the American citizen commu- war, then I cannot disagree more. I doubt his judgment on these issues. nity did not collaborate with the cannot tell my colleagues when the The Supreme Court has spoken three enemy. That is happening today. When war ends, but I will tell them how it different times. Less than 6 or 7 years that day comes and we capture that ends. This is how it is going to end: We ago an American citizen was caught person, I want as an option the ability are going to win and they are going to helping the Taliban in Afghanistan and to hold them as an enemy combatant, lose because we can’t afford to lose. they said we could hold one of our own as we did in other wars. They will get Between now and when that day as an enemy combatant until the hos- their day in court, but they will not be comes, we are going to take the fight tilities cease, and that is a hard time read their rights or given a lawyer on to them. If we find an American citizen to figure out. the spot because that would stop intel- helping the enemy overseas—this Let’s get this right. If an American ligence gathering. President ordered the killing by drone citizen helping the Taliban in Afghani- To the managers of this bill, to the of al-Awlaki, an American citizen over- stan kills our soldiers, can be captured men and women of the House who sent seas—I believe it was Yemen—and the and held as an enemy combatant ac- it over here, thank God they chose a President said: I have ample evidence cording to the Supreme Court, what balance between due process and com- he is now assisting al-Qaida overseas to kind of world would we live in if the al- mon sense. attack American targets and I am Qaida collaborator American citizen All I will say is that the way we going to take him out. Well done, Mr. attacked us here, trying to kill us in found bin Laden was not through tor- President. Well done, Mr. President.

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I was tempted to leave it all know, about 10 months ago the Air home and hold him for questioning unresponded to, but a statement the Force came out with a proposed force under the law of war, what an absurd Senator from Kentucky made: They restructure and that included taking result. were sneakier than we were—I have to an A–10 unit away from the Arkansas I not only am going to vote for this say to the chairman, I don’t think the National Guard that is based in Fort bill, I am going to celebrate the fact we chairman has ever conducted our com- Smith, AR. have done nothing to stop the right to mittee and our deliberations and our Understandably, when something trial. As Senator LEVIN said, there is work on the floor and in conference in such as that happens, we have ques- not one thing in this bill that restricts any way as being sneaky. I categori- tions. So, 10 months ago, I started ask- a person’s right to a trial. What we do cally reject that kind of comment, and ing: Why are you doing this? Give me have in this bill is the recognition we I don’t think it is worthy of the per- your analysis. Tell me how much are at war and we retain as an option formance the Senator from Michigan money you are going to save. Are you that has not been used—there is no has provided to this committee. aware you have Fort Chaffee right off American citizen in detention—but Mr. LEVIN. I very much thank my the end of the runway—and I will talk there may be a need for that one day dear friend from Arizona. about this in just a minute. Are you and we retain that right under this The PRESIDING OFFICER. The Sen- aware that this just went through bill. ator from Michigan. BRAC, that they had F–16s there and Mr. MCCAIN. Will the Senator yield Mr. LEVIN. I thank the Presiding Of- now they have A–10s, and the BRAC for a question, briefly? ficer. The only one thing I will add to commission has gone through this Mr. GRAHAM. Sure. this subject before we vote—the Sen- process and they said this is the best Mr. MCCAIN. Under the scenario as ator from Arkansas seeks to speak and place; we can have A–10s right here in envisioned by the argument made by we will run out of time soon—is that a Fort Smith, AR. the Senator from Kentucky that if an provision which is in our bill, which So we basically got stonewalled. American citizen is overseas, as al- both the ranking member and myself They wouldn’t tell us any of their anal- Awlaki was in Yemen, and we took a voted for, which was stricken, one of ysis. They wouldn’t tell us how much it drone and killed him, which was a deci- the arguments against it was made by is costing or saving. They basically sion made by the President of the the ACLU. Our friend from Kentucky stonewalled not just my office but the United States—— Mr. GRAHAM. Good decision, Mr. talks about something in this bill whole Congress, as far as I know. I President. which denies the right to jury trial and have talked to people all over this Mr. MCCAIN. But if al-Awlaki had the proof he gives for that is something place on the Senate side and the House been in the United States of America, a that is not in the bill, which is—it vio- side. They never got any numbers. Fi- citizen engaged in the same activities lates logic, to begin with, but putting nally, just in the last few weeks, in that justified him being killed, then that aside—one of the arguments talking to members of the Air Force Mr. al-Awlaki would have been entitled against keeping it in the bill was made who have stars on their shoulders, they to his Miranda rights, a trial by jury, by the American Civil Liberties Union have told me there was no business habeas corpus, all that as if he were and surely they believe people’s rights analysis. There was no base-by-base treated as an American citizen. I don’t to trial and jury trial should not be de- analysis. Basically, what this boils think many people would quite under- nied. down to is we need to make some cuts stand that distinction of geography. So the allegations made by the Sen- and more or less your number came up, Mr. GRAHAM. It makes no sense, I ator from Kentucky are wrong. There and they go back to the one flying mis- say to the Senator. He would be enti- is absolutely no substantiation for sion per State. We can talk about that tled to a habeas hearing if he were them, including the one which was just more if we want to. caught in the United States, but he referred to by Senator MCCAIN. But the But the problem is we are in a budget would be held under the law of war be- statement he makes that there is lan- environment where we are having cause the allegation is not that he was guage in this bill—here is the bill. downward pressure on military spend- committing a crime but that he was Where is the Senator from Kentucky? ing, and we know that. We are going to collaborating with the enemy. What page of the bill is he referring to have to make military cuts not just So, yes, we could have a scenario, ac- that contains the language he says de- this year but in the outyears. There is cording to the view of the Senator from nies people the right to trial? It is sim- no doubt about it. The U.S. Air Force Kentucky, that we could kill some- ply not there. should always count the cost. They body—an American citizen overseas I yield the floor. should always make a determination helping the enemy kill our troops—but The PRESIDING OFFICER. The Sen- on how much these things cost and how if they joined with al-Qaida here at ator from Arkansas. much they save. They did not do that home, all of a sudden we have to give Mr. PRYOR. Mr. President, I will try here. them a lawyer and read them their to keep my remarks to about 5 min- They should also know we are going rights and we can’t hold them under utes, although I would first like to to have a smaller force in the future. the law of war detention to find out thank Senators LEVIN and MCCAIN for So as we wean out some units—and it what they know about an impending their leadership on this legislation. is going to happen; it is going to be attack. That makes absolutely no They truly set the tone, and they have painful; people are not going to like sense. The Supreme Court has rejected been good role models for the entire it—you should keep the best units you that kind of thinking. Senate on how legislation should be have, the strongest units you have. I hope that day never comes, but I conducted. So I wish to thank both of And the 188th at Fort Smith, AR, is the can tell my colleagues this: I don’t them. I think many of my colleagues best unit in the system. I say that ob- know when the war is over, he is right feel the very same way; that we appre- jectively because there are numbers to about that, but I know this: As long as ciate how they have handled the na- back that up. It is the cheapest to op- I am in the Senate, we are going to tional defense authorization bill. It has erate. Even though it went through the fight it and we are going to fight it as been a massive undertaking and some- transition from F–16s to A–10s just a a war, not a crime. times, as we know, we have a lot of few years ago, they have already de- Mr. MCCAIN. If the Senator will gridlock around here, but because of ployed twice. They have deployed yield further, there is every indication the way they have handled it, they twice. One reason they got extended in in the Middle East and around the have been able to get this bill to this a deployment was because another A–10 world that we see that al-Qaida is on point. unit was not ready. the way back, far from being defeated. I am not going to object to this bill What this does is it puts those pi- I just wish to make an additional at all. At one point I thought about it lots—those men and women in uniform, comment to my friend, Senator LEVIN, because I am so upset—in fact, my staff who just got back from Afghanistan—

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Finally, it would des- Guard Bureau had the audacity to con- fense and a tenacious will ensure that ignate the Iranian state broadcasting tact the 188th Flying Wing at Fort defense dollars are wisely spent. CARL, company as a human rights abuser for Smith and say: Hey, by the way, could you are a trusted partner and a patriot. airing forced confessions and show you deploy one more time? There is an- This conference report is the product trials; preventing other entities from other unit that is not ready. Can you of 10 months of legislative effort, in- doing business with it; and banning any deploy one more time? It is astonishing cluding 53 hearings on the full range of travel to the United States. that the Air Force would do this. national security priorities. After This conference report also contains We had a commission in there. The marking up the President’s defense a provision that authorizes an increase commission did not survive. I have budget request in May, the committee of up to 1,000 marines for the Marine talked about that with several of my unanimously reported a bill to the Sen- Corps Embassy Security Group. The colleagues who were on the conference. ate on June 4. Six months to the day tragic events in Benghazi on Sep- Even though this wing has had more later, the full Senate passed the bill 98 tember 11 demonstrate that the secu- nautical miles of military training to 0. In a hopeful sign of the return of rity environment facing our diplomatic than any other unit in the Air National regular order to the Chamber, we corps is as dangerous as ever. This pro- Guard, even though it is closer in prox- passed the bill after 33 hours of debate vision will provide for the end-strength imity to its flying range, its bombing and an open process that resulted in 397 and resources necessary to support an range than any other unit—it is the amendments filed, of which 143 were in- increase in Marine Corps security at lo- best setup in all of North America to cluded in the Senate-passed bill. cations identified by the Secretary of have the 188th where it is located at Our use of an open amendment proc- State to be at risk of terrorist attack. Fort Smith and at Fort Chaffee, which ess on the Senate floor demonstrated Such an increase was also rec- is basically the Army National Guard’s that when it comes to addressing na- ommended by the Accountability Re- national training center right there— tional defense, the Senate can still view Board—the independent panel they love to train with A–10s; we are work together in a bipartisan manner. convened by Secretary Clinton to in- talking about close air support vehicles However, before we engage in too much vestigate the events surrounding the here—I do not think the Air Force took self-congratulation, we should ask our- Benghazi attack. that into consideration for 1 minute. I selves why we are concluding the most The murder of innocents continues in think they made an arbitrary decision important annual authorization bill 3 Syria, with over 40,000 people murdered here. I do not think it is in our na- months after the fiscal year began, and by the Assad regime. This conference tional interests. I do not think it is in why we have yet to enact a single ap- report contains a provision that re- the interests of our national security. I propriations bill for any Department or quires the Chairman of the Joint Chiefs am putting people on notice that this agency of government. The Congress of Staff to submit a comprehensive re- fight is not over. I understand about has been caught in so many political port identifying the limited military the down pressure. I get all that stuff. impasses of late that we have effec- activities that could deny or degrade But this fight is not over. I am not tively abrogated our responsibility to the ability of the Assad regime to use going to object to this bill today. I am provide for the timely authorization air power against civilians and opposi- going to vote for its adoption. and appropriation of Federal programs. tion groups. This provision explicitly Again, I want to thank the chairman The result is increased cost, decreased notes that it neither authorizes the use and the ranking member for their great efficiency, and our willful enabling of of military force nor serves as a dec- leadership. dysfunction in government. We can and laration of war against Syria. Thank you, Mr. President. must do better. In the area of military personnel, the The PRESIDING OFFICER (Mr. The Defense authorization conference conference report provides a 1.7-per- BLUMENTHAL). The Senator from Ari- report before the Senate provides for cent pay raise for servicemembers, and zona. the continued readiness of our Armed over 30 types of incentives aimed at Mr. MCCAIN. Mr. President, I thank Forces and the well-being of service- strengthening enlistment and reten- the Senator from Arkansas for his members and their families. It author- tion programs. It reinforces Depart- enormous contributions to the delib- izes pay and benefits, research and de- ment of Defense programs to prevent erations and work of our committee. I velopment, weapons procurement, and sexual assault and will improve the understand the frustration he feels, military construction projects, and care and management of wounded war- and we have promised, as Senator contains provisions designed to im- riors and those transitioning to civil- LEVIN and I have promised a number of prove acquisition and contracting. It ian life after military service. Members on both sides of the Capitol, also provides the resources, training, The report also recognizes that, in an we will have extensive hearings on this equipment, and authorities necessary era of fiscal austerity, the Department whole issue of Guard-Air Force rela- for our military to continue supporting of Defense must reduce costs wherever tionships and force structure for the the Afghanistan National Security possible, including force structure by, 21st century. We appreciate his com- Forces as they assume increased re- for example, approving nearly all of mitment to his outstanding members sponsibility throughout Afghanistan. the fiscal year 2013 increment of the of the Guard. This conference report also contains President’s proposed reduction of Mr. President, I rise to support the tough sanctions aimed at curbing 123,900 military personnel over the next fiscal year 2013 National Defense Au- Iran’s pursuit of a nuclear weapon. Iran 5 years. But it also requires a similar thorization Act conference report. This continues its reckless ways in pursuit reduction in civilian and contractor will be the 51st consecutive year the of a nuclear weapon. Just recently, the personnel over that same time period. Congress will pass legislation author- IAEA confirmed that Iran is expected In addition, the report acknowledges izing the budget of the Department of to double the number of centrifuges at a revised plan by the Air Force to re- Defense and supporting our men and its underground enrichment site to duce its force structure and retire or women in uniform. 1,400. One provision in this report, divest military aircraft in order to re- I thank the members of the Armed originally sponsored by Senators KIRK spond to defense budget cuts proposed Services Committee for their hard and MENENDEZ, designates Iran’s en- by the administration. While my State work, especially my colleague and ergy, shipping, and ship-building sec- of Arizona fared better than many friend, Senator CARL LEVIN. CARL and I tors as entities of proliferation con- States, the Air Force’s plan includes a have worked together for many years cern, subjecting many transactions cost-saving proposal to convert the on this committee, the last 6 as chair- with these entities to sanction. It manning of an A–10 Warthog training

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This is an important piece the need for the military services to signing a vessel’s name. of legislation and I have always sup- find ways to reduce costs and realize A particularly important provision ported making sure that our military that we all will have to bear the burden gives priority to the Forest Service and has the equipment, resources and effec- of the impact of reduced defense spend- Coast Guard to acquire surplus Air tive policies it needs to perform its ing. Force aircraft, allowing the Forest missions. Despite modest improvements in re- Service to strengthen its fire suppres- Mr. President, during floor consider- cent defense acquisitions, the Depart- sion capability. ation of the defense authorization bill, ment has much work to do to improve This conference report also directs the Senate took two important votes its ability to identify and reduce waste. the Secretary of Defense to designate regarding alternative fuels, signifying This conference report contains a num- assignment of military officers as in- that we stood with our military lead- ber of provisions intended to improve structors on the faculty of West Point, ers. We eliminated two provisions that oversight on defense contracting, in- the Naval Academy or the Air Force would have severely limited the De- cluding helping to detect and prevent Academy as the equivalent of a joint partment of Defense’s ability to invest human trafficking in government con- duty assignment to satisfy joint duty in alternative fuels. tracting. There are also provisions that requirements. Both votes were bipartisan, and my would help ensure that the Department Finally, this report extends for an- friend and colleague Senator HAGAN becomes fully auditable by 2017, as re- other year important prohibitions and sponsored one of those amendments. I quired under law, while improving pro- restrictions on the transfer and release commend Senator HAGAN’s leadership curement of the business systems it of military detainees from Guanta- and her hard work on this issue. needs to become auditable. Other pro- namo, and the construction or modi- Mrs. HAGAN. I thank Senator MUR- visions help reform how the Federal fication of facilities in the U.S. to RAY. I was proud to stand with my col- Government conducts procurement house them. It also establishes con- leagues on both sides of the aisle to during contingency operations and help gressional notification requirements support efforts across the federal gov- ensure that certain whistleblowers who for military detainees held on naval ernment that will help provide our identify waste, fraud, and abuse are vessels and for the release of third- military with the strategic advantages protected. The conference report also country nationals held in military de- it needs to remain atop the world’s increases transparency into ship- tention in Afghanistan. In addition, it powers. building programs, including Ford clearly affirms that nothing in last A critical component to achieving Class aircraft carriers and Littoral year’s defense authorization bill or the this goal is to ensure that the Depart- Combat Ships. 2001 Authorization for Use of Military ment of Defense is not solely dependent Another important provision in this Force restricts or denies a person’s ex- on one fuel source. report addresses cybersecurity, by re- isting habeas corpus rights or any Mr. President, the Department of De- quiring consultation with Congress if a other constitutional right. fense is committed to addressing this decision is made to establish U.S. As we look forward to Christmas, I critical national security risk, and is Cyber Command as a unified command remind my fellow Members to remem- taking a joint approach to do so. In Au- and that defense contractors notify the ber the beneficiaries of this legisla- gust 2011, the Secretaries of the De- Department of Defense of any network tion—the men and women of our partments of Agriculture, Energy, and intrusions. Armed Forces, who serve our Nation Navy signed a memorandum of under- Still another provision in the report bravely and selflessly. Passing this standing to invest $170 million each to requires that, following a decision by conference report is the very least we spur the production of advanced avia- the President to reduce U.S. forces in can do for so many who are willing to tion and marine biofuels under the De- Afghanistan, the Chairman of the Joint give all they have to defend our Na- fense Production Act. Chiefs of Staff submit to Congress his tion. This joint MOU also requires sub- assessment of the risk of that force re- I urge my colleagues to vote in favor stantial investment from the private duction to our mission and security in- of the conference report of the Fiscal sector, with at least a 1-to-1 match. terests. Year 2013 National Defense Authoriza- Our senior military leaders under- This report also requires the Sec- tion Act. stand that programs such as this MOU retary of Defense to submit to Con- Finally, I would like to thank the are critical to national security. In gress a report on the investment plan ‘‘small but mighty’’ Senate Armed July, the Secretary of the Navy, the and resources needed to carry out the Services Committee Republican staff, Chief of Naval Operations, and the Ma- U.S. strategy in Asia. I remain uncer- who have worked tirelessly and effec- rine Corps Commandant expressed tain that the Department’s plan for the tively in support of me and our mem- their concern to Chairman LEVIN: realignment of U.S. military forces in bers. These loyal staff members, many ‘‘The demand for fuel in theater means we the Asia Pacific Region is adequately of whom have served on the committee depend on vulnerable supply lines, the pro- supported by budgets and resources in staff for many years, deserve our sin- tection of which puts lives at risk. Our po- future years. The Center for Strategic cere appreciation for their dedication tential adversaries both on land and at sea and International Studies released a to national security. They are Adam understand this critical vulnerability and report in August 2012 that raised con- Barker, Pablo Carrillo, Chris Brose, seek to exploit it.’’ cerns about whether the plans and Lauren Davis, Church Hutton, Daniel Given the importance of this MOU to strategy proposed by the Department Lerner, Greg Lilly, Elizabeth Lopez, our national security, I was dis- earlier this year are adequately sup- Lucian Niemeyer, Bryan Parker, Ann appointed when an amendment was ported by budgets and resources in fu- Elise Sauer, and Diana Tabler. adopted by one vote during the Senate ture years. Mr. President, again, with great re- Armed Services Committee mark-up Another provision helps protect the luctance, I thank our staff who have that would prevent the Navy from par- Navy’s rich tradition of vessel naming. done such a wonderful job. They really ticipating further in the MOU. When The name the Navy selects for a vessel have done great. As I say, I am very re- the bill was considered on the Senate should not be tarnished in any way by luctant to admit it, but we could not floor, I, along with a group of my col- controversy. Unfortunately, con- have gotten here without their hard leagues, offered an amendment to troversy has surrounded some of the work on both sides of the aisle. strike this provision. Navy’s recent vessel-naming choices. ALTERNATIVE FUELS Mr. President, I was pleased when my This bill, therefore, sets forth appro- Mrs. MURRAY. Mr. President, I ask amendment passed in a bipartisan priate and necessary standards, to be recognized for the purposes of a manner with 54 votes. I believe it sent grounded in historical practice, to colloquy. an important message to conferees.

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.030 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8332 CONGRESSIONAL RECORD — SENATE December 21, 2012 However, I was very disappointed to ate immediately, and provide critical Like last year’s Defense Authoriza- see that although the conference report intelligence.’’ tion bill, this legislation provides that does not prohibit further involvement Director Mueller concluded that this no detainee held at Guantanamo Bay in the MOU by DOD, it does restrict provision ‘‘introduces a substantial ele- can be transferred to the United the Department’s participation in con- ment of uncertainty as to what proce- States, even for the purpose of holding struction of alternative fuel refineries dures are to be followed in the course him for the rest of his life in a federal until the other agencies contribute of a terrorism investigation in the super-maximum security facility. matching funds. United States.’’ And like last year’s bill, this legisla- However, I have been assured by Last year’s bill also included a provi- tion provides that the government may Chairman LEVIN that the conference sion that could be interpreted to au- not construct or modify any facility in committee intends for this restriction thorize the indefinite detention—with- the United States for the purpose of to only apply to fiscal year 2013 funds. out charge or trial—of American citi- holding a Guantanamo Bay detainee. It would not constrain fiscal year 2012 zens in the United States. The Obama administration has funds in any way. I ask Chairman And the bill included restrictions threatened to veto the conference re- LEVIN, is that correct? that would make it virtually impos- port because of these provisions. Here Mr. LEVIN. Yes, that is correct. The sible to close the Guantanamo Bay de- is what the administration says: language does not apply to fiscal year tention center, which our most senior ‘‘Since these restrictions have been on 2012 funds. We should all expect the defense and intelligence officials have the books, they have limited the Ex- agencies involved to adhere to the told us is a recruitment tool for Al ecutive’s ability to manage military framework set forth in last year’s Qaeda. operations in an ongoing armed con- memorandum of understanding. I was hopeful that this year the De- flict, harmed the country’s diplomatic Mrs. HAGAN. I thank Chairman fense Authorization bill would undo relations with allies and counterterror- LEVIN. I appreciate his continued sup- some of the damage done by last year’s ism partners, and provided no benefit port on this issue. Ensuring that our bill. Unfortunately, that is not the whatsoever to our national security.’’ military leaders have the flexibility case. I agree. I continue to believe that they need to invest in alternative fuels I am troubled that the conference re- closing Guantanamo is an important is important to our national security. I port does not include the Feinstein- national security priority for our Na- look forward to continuing to work Paul amendment, which passed the tion. And I am joined by many national se- with the Chairman on this important Senate by a strong bipartisan vote of curity and military leaders, who say issue. 67–29. that closing Guantanamo will make us Mr. DURBIN. Mr. President, I appre- This amendment would have prohib- safer. Among them: General Colin Pow- ciate the hard work of the chairman, ited the indefinite detention of Amer- ell, the former Chairman of the Joint Senator LEVIN, and the ranking mem- ican citizens and lawful permanent Chiefs of Staff and Secretary of State; ber, Senator MCCAIN, on the fiscal year residents apprehended in the U.S. un- Former Republican Secretaries of 2013 National Defense Authorization less this detention is expressly author- State James Baker, Henry Kissinger, Act conference agreement this whole ized by Congress. and Condoleezza Rice; Former Defense year. This amendment would have made it Secretary Robert Gates; Admiral Mike They have crafted reasonable, re- clear that last year’s Defense Author- Mullen, former Chairman of the Joint sponsible compromises in many areas ization bill—as well as the authoriza- Chiefs of Staff; and dozens of other re- of defense policy. I appreciate that the tion to use military force that Con- tired admirals and generals. conferees were able to begin rebal- gress passed after the 9/11 terrorist at- Retired Admiral Don Guter was the ancing our force even as we continue to tacks—did not authorize indefinite de- Navy Judge Advocate General at the wind down our presence in Afghani- tention of Americans in the United Pentagon on 9/11. Listen to what he stan. States. said just a few weeks ago: ‘‘I want jus- The men and women in uniform, as This is a commonsense amendment tice. But Guantanamo has not provided well as their families, appreciate that that is consistent with our Constitu- that justice and has not made us safer. even in this tough fiscal environment tion and fundamental human rights. . . . Guantanamo remains a recruiting the bill would authorize a 1.7 percent Indeed, the Fifth Amendment of the tool for terrorists and will remain so across-the-board pay raise. Constitution provides simply that ‘‘no until that prison is shuttered.’’ I also want to acknowledge that Con- person shall be deprived of life, liberty, I also received a letter from dozens of ferees retained my amendment imple- or property without due process of human rights and religious organiza- menting visa bans and asset freezes law.’’ tions pointing out that many people against those supporting the M23 rebels But the conference report struck the around the world view Guantanamo as in Congo. Feinstein-Paul amendment. Instead, a symbol of America’s retreat from our But there are also several deeply the conference report includes a provi- traditional role as a human-rights troubling provisions that I must point sion stating that the use of force au- champion. out. The first issue goes to funda- thorization and last year’s Defense Au- These detainee provisions are not mental questions about basic constitu- thorization bill should not be con- just bad human rights and national se- tional protections. Last year I voted strued to deny the right to challenge curity policy. They are completely un- against the Defense Authorization bill their detention in court—the legal necessary. Look at the track record. because the bill included several trou- term is habeas corpus—to individuals Since 9/11, our counterterrorism profes- bling provisions relating to the treat- detained in the U.S. who would other- sionals have prevented another ter- ment and custody of detainees. These wise have this right. rorist attack in the United States. provisions make it harder for the gov- This provision is essentially mean- And more than 400 terrorists have ernment to fight terrorism and are in- ingless. The Supreme Court has al- successfully been prosecuted and con- consistent with America’s commitment ready held that anyone in the custody victed in federal court and are now to our Constitution and fundamental of our government has the right to ha- being safely held in federal prisons. A human rights. beas corpus. few of the terrorists who have been This legislation—for the first time in This provision would not prohibit convicted in federal court and are serv- American history—requires the mili- long-term detention of American citi- ing long prison sentences: Umar Faruk tary to take custody of detainees in zens without trial. Without the Fein- Abulmutallab, the Underwear Bomber; the United States. stein-Paul amendment, it remains un- Ramzi Yousef, the mastermind of the FBI Director Robert Mueller strongly clear whether indefinite detention is 1993 WTC bombing; Omar Abdel objected to this military custody re- permitted. Rahman, the so-called Blind Sheikh; quirement. In a letter to the Senate I also continue to oppose provisions 20th 9/11 hijacker Zacarias Moussaoui; last year, Director Mueller said the bill in the conference report that limit the and Richard Reid, the Shoe Bomber. would, quote, ‘‘inhibit our ability to administration’s ability to close the Unfortunately, the provisions in this convince covered arrestees to cooper- Guantanamo Bay detention facility. conference report limit the flexibility

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On November 28, 2012, stitution and human rights. that will reduce fuel costs and enhance the Senate overwhelmingly passed my I am also concerned with the message strategic capabilities. legislation, the Dale Long Public Safe- this conference report sends to the mil- I was glad to see that the conference ty Officers Benefits Improvement Act lions of Americans who feel strongly committee preserved the Navy’s full of 2012 as an amendment to the bill the that our gun laws need to be reformed ability to buy biofuels in the future. Senate will likely pass today, the Na- after the mass murder in Newtown, CT. But then the conferees adopted provi- tional Defense Authorization Act for Over the last few years, Congress has sions that undermine that goal. Fiscal Year 2013. considered and passed a steady stream One provision will effectively end a At that time, by a margin of 85 to 11, of legislation that has weakened the joint project between the Department the Senate sent a strong message of gun laws on the books. of Defense, the Department of Energy, support to the men and women across For example, Congress passed a law and the Department of Agriculture to America who serve their fellow citizens to end the Reagan-era ban on loaded build a refinery for biofuels. as public safety officers. The Senate guns in National Parks; passed a law to It is unfortunate that this language made clear that this important policy, require Amtrak to allow guns to be was included in the conference report in place since 1976, is worthy of our transported on their trains even because this provision was not origi- continued attention and our efforts to though Amtrak determined after 9/11 nally included in the House- or Senate- make it better for those it is intended that this was too risky; and passed a passed versions of the bill. to benefit. I thank the 85 Senators who number of appropriations riders that In fact, Senator HAGAN sponsored an voted in favor of my amendment on made it harder for law enforcement amendment, which I co-sponsored, that November 28, and for standing with agencies to enforce gun laws. I opposed specifically removed a similar provi- first responders across the United these efforts, but they became law. sion from the bill. Senator HAGAN’s States. Things need to be different now. The amendment was adopted on the Senate As the Senate gives its consideration growing toll of daily shootings in com- floor by a vote of 54 to 41. to final approval of the National De- munities across the nation and the And as the House-passed defense bill fense Authorization Act, I want to take murder of twenty children at Sandy also supported the joint project, it was a few moments to discuss what my surprising to see that the conference Hook Elementary School have caused amendment contains, and the intent committee added a new provision to se- Americans to say enough with the con- behind the various provisions within it. verely limit the biofuels partnership. stant efforts to roll back gun laws. Before I do, however, in light of the It’s time for a new conversation on This new provision is in direct oppo- terrible tragedy in Newtown, CT that how to best protect America’s children sition to the bills supported by a ma- occurred on December 14, let me take a from gun violence. That conversation jority of Members in both chambers moment to recognize the first respond- is now underway with the Vice Presi- and I am disappointed to see that the ers of Newtown and all who answered dent’s task force. conference committee went against the Unfortunately, this conference report wishes of the Senate and included it. the call on that terrible day. In the contains a provision that yet again Finally, I must also mention the midst of such incredible sadness, let us weakens gun laws currently on the bill’s impact on my home state of Illi- recognize the men and women who an- books. It grants Federal concealed nois on a particular issue. I appreciate swered that call, who put the well- carry privileges to thousands of indi- Chairman LEVIN and Ranking Member being of schoolchildren, teachers, and viduals even though the laws of my MCCAIN working with the Illinois and staff ahead of their own safety and en- State and other States may not permit Iowa delegation on a bipartisan basis tered that school to face the unknown these individuals to carry concealed to require an Army plan to sustain and do whatever they could to help. weapons. Rock Island Arsenal, and all the other And let us recognize those who stood While this provision was added before aspects of our nation’s organic indus- bravely to render medical aid and give the Newtown tragedy, and while there trial base. Prior Army planning had comfort to others amidst unspeakable may be legitimate reasons behind it, I not included long-term workload plans violence and sorrow. am troubled that this is the first gun- to sustain the arsenals. I look forward In recent days, a quote by the late related legislation that Congress will to working with the Committee and children’s educator and minister Fred pass after the Newtown shooting. the Army as this is implemented next Rogers has been shared widely among I would much prefer that Congress’s year. Americans searching for some light first response to Newtown be a more This development notwithstanding, I within the darkness of what occurred balanced approach that reflects the am concerned about a provision in the in Newtown. In the quotation, he re- recommendations of the Vice Presi- bill retained in conference that could calls how in the face of something dent’s task force. Congress should not require arbitrary cuts to the civilian frightening, his mother used to tell continue voting to weaken gun laws workforce not supported by the Depart- him, ‘‘Look for the helpers. You will while the Vice President’s task force is ment’s strategy. I co-sponsored Sen- always find people who are helping’’. doing its work. ator CARDIN’s amendment to repeal He said then that he was comforted There is another issue in this con- this provision, which unfortunately did ‘‘by realizing that there are still so ference agreement that is very trou- not pass on the Senate floor. The many helpers—so many caring people bling, and that concerns the Navy’s en- House version contained no similar in the world.’’ His words exemplify our ergy requirements for the future. The provision and conferees kept much of nation’s first responders. I know that Department of Defense is an enormous the original language. I will continue this tragedy affects them just as deeply consumer of energy, especially fuel for to work with the Defense Department as it affects all of us and in some ways the Navy’s global fleet. Every time the and the Committee to ensure that the that are difficult for us to fully under- price of a barrel of oil increases by $1, flexibility in this provision is used to stand. But the dedication and bravery the Navy’s total fuel costs increase by ensure strategy-driven planning for the of these men and women is something $31 million. civilian workforce. that I want to acknowledge and com- For our men and women in uniform, As I stated up front, the conference mend. It is their determination and the energy policy is about security and report makes a number of critical, re- actions of first responders across the budgets. That’s why Secretary of the sponsible decisions that provide our country every day that serve as the Navy Ray Mabus is focused on shifting men and women in uniform with the foundation and inspiration for the Fed- Navy’s energy consumption to fifty resources and policy authorities they eral policy we strengthen for them percent renewable fuels by 2020. need to provide for our common de- today. But the Defense Department’s goal is fense. The centerpiece of my amendment to compromised with this conference re- Nonetheless, its fundamental weak- the National Defense Authorization port. nesses in detainee policy and other Act is a measure to fill a gap in the

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When his surviving state, all first responders, regardless of The hometown heroes law makes family members looked in to filing a where they lived, would benefit from first responders who have died as the claim with the PSOB office at the Jus- meaningful assistance. In doing so, result of a heart attack or stroke in tice Department, they learned that a Congress also intended to ensure that the line of duty, or within a discrete technicality made it impossible for the the Federal PSOB benefit was to be time period following the period while PSOB office to review Dale Long’s provided in addition to any other death the first responder was on duty, eligi- claim. or disability benefits that may be pro- ble for a death or disability benefit Under the PSOB law, in order for an vided by a state. This policy was af- under the PSOB law. The amendment emergency medical technician serving firmed by the Supreme Court in the we consider strengthens this law. It the public to be covered, he or she 1986 case of Rose v. Arkansas State Po- does so by adding to the list of quali- must be part of a public agency, as de- lice. There, in affirming Congress’ in- fying health incidents ‘‘vascular rup- fined in the law. In Vermont, and else- tent to protect the Federal benefit ture,’’ thus broadening coverage under where in the United States, particu- from reduction by the provision of a the hometown heroes law. Under cur- larly in rural areas, there are ambu- state benefit, the Court identified that rent law, in order to be eligible for a lance companies that do not have a for- Congress wished to address the inad- benefit, an officer must have suffered a malized relationship with a state or equacy of death benefits paid to first heart attack or stroke. There are, un- municipal government, and therefore responders in some states. fortunately, cases on hold within the are not considered a public agency At the time of the original law’s en- PSOB office that are not being proc- under the law. This technicality meant actment, Congress also believed and in- essed due to the presence of a vascular that Dale Long, and others like him tended that a uniform Federal benefit, rupture, which is nevertheless a health across the country who serve their irrespective of and immune from reduc- event consistent with the type of communities as part of a private, non- tion by any state benefit, would en- stressful activity associated with the profit rescue company, subject to the courage recruitment and retention of work that first responders do every same risks and stresses, did not have qualified public safety officers. The day. the security of coverage under the United States Court of Federal Claims, The hometown heroes statute recog- PSOB program. Dale Long’s tragedy in upholding the award of a PSOB ben- nizes those situations where an officer exposed this gap, and I introduced leg- efit that had been wrongly denied, engages in ‘‘nonroutine, stressful or islation to fix it. wrote in Demutiis v. United States: strenuous physical’’ activity. This defi- Mr. LONG worked for the Bennington ‘‘Recognizing the extraordinary risks nition and its implementing regula- Rescue Squad, a private, non-profit en- incurred by officers in serving the pub- tions have been the source of concern tity serving Bennington, VT. The lic, Congress provided for these death for many in the first responder commu- Bennington Rescue Squad has been benefits not only as a matter of equity, nity. ‘‘Nonroutine, stressful or stren- serving the people of Bennington, VT but also to promote the recruitment uous’’ activity is defined in the law to since 1963, and provides paramedic 911 and retention of safety officers as part exclude ‘‘actions of a clerical, adminis- services to that community. It is an in- of the national fight against crime.’’ trative, or nonmanual nature.’’ Thus tegral part of the public safety infra- This incentive, central to congres- the law contains a very limited uni- structure of Bennington, Vermont. sional policy, is only meaningful and verse of activities that are expressly Similarly situated men and women effective when the process for pro- excluded from the hometown heroes who serve others as a part of private, viding these benefits is efficient and definition or what type of activity is non-profit rescue squads should be free from unnecessary delay or dispute. covered. As author of the hometown placed in the same position that all Congress sought with the law to rec- heroes law, it was my intent to make other EMTs, firefighters, and police of- ognize the very real risks that public sure that those first responders, who ficers are relative to the PSOB pro- safety officers face on a daily basis— suffer a catastrophic health event gram. Today, after nearly three years whether fighting a fire, apprehending a while on duty or shortly following a pe- of work in Congress, and through the criminal, or providing lifesaving med- riod of duty, were covered. No one tireless advocacy of so many in the ical assistance during an emergency should doubt the stresses encountered public safety community like the situation. every day by our first responders. If we American Ambulance Association, the The House Judiciary Committee, in know one thing about the work that Fraternal Order of Police, the Inter- its report at the time of PSOB’s origi- our first responders do, it is that it is national Association of Firefighters, nal enactment, noted that there was a unpredictable and is very difficult to and many others, I expect that this moral component to this program as characterize as routine. Congress in- measure will be enacted. This is their well. Then, the House Judiciary Com- tended that the language delineating law. mittee characterized the original Act the type of activity that would give The other provisions in this legisla- as Congress’ ‘‘recognition of society’s rise to hometown heroes claim be con- tion were developed around the provi- moral obligation to compensate the strued broadly and the addition of sion I drafted to support Dale Long’s families of those individuals who daily ‘‘vascular rupture’’ to the list of quali- survivors and all who may find them- risk their lives to preserve peace and to fying health events underscores that selves in similar circumstances. In co- protect our lives and property.’’ I intent. operation with House Judiciary Chair- agreed then, and I believe now as In 2007, the Senate Judiciary Com- man LAMAR SMITH, I assembled a host strongly as ever that supporting our mittee held a hearing to examine the of other measures to make the PSOB first responders is the right thing to Department of Justice implementation program more equitable, and more effi- do. of the hometown heroes law. This hear- cient for the families of our fallen first The passage of this amendment to ing followed many calls from the first responders and those first responders the National Defense Authorization responder community to provide over- who have been permanently disabled in Act for Fiscal Year 2013 will add effi- sight on its implementation. I believe the line of duty. ciencies to claims processing and ex- this hearing helped to move the needed Before describing those measures, pand benefits available under the pro- regulations along, and served to re- and the intent behind them, it is im- gram, and will further and reaffirm mind relevant officials that this under- portant to consider the overarching in- Congress’ original intent. taking and policy was important to the tent behind the original enactment of This legislation, which the House of legislative branch. It served to reaffirm the PSOB law. In 1976, Congress en- Representatives has approved, and that at bottom Congress was seeking

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If intent in enacting this law and should ers and that ambiguities should be re- enacted, this measure, one resource for therefore be rejected. solved in favor of the claimant con- the fact finder, is to be used carefully When Congress enacted this law in sistent with the overarching congres- and limited to those instances where 1976, it did not intend then, and does sional policy. the fact finder determines that a ‘‘med- not today, that this benefit program be Congress did not intend for lawyers ical [or claims] examiner’’ within a an adversarial proceeding for the fami- at the Department of Justice to argue medical specialty or subspecialty may lies of fallen public safety officers or with claimants over the meaning of provide in-person examinations or those public safety officers who have ‘‘nonroutine, stressful or strenuous record reviews to gain greater insight suffered a career-ending disability in physical’’ activity. Anyone who has regarding a claim. In turn, that exam- the line of duty. While the PSOB pro- served as a public safety officer knows iner will submit a report to the fact gram has been amended many times that there is nothing ‘‘routine’’ about finder for consideration. Nothing in over the years to expand coverage to the work. From responding to an emer- this measure, or the House Report’s survivors and the public safety commu- gency scene to render assistance, per- analysis of the companion bill H.R.4018, nity, in too many ways the program forming a traffic stop that can go very should be construed to remove the dis- has become administratively more wrong in an instant, maintaining cus- cretion of the fact finder. The fact find- complex and cumbersome for families tody of inmates, or engaging in a train- er must weigh the totality of the evi- to receive the benefits due them. The ing or fitness exercise, ‘‘nonroutine, dence, including reports of independent hearing record for the Senate Judiciary stressful or strenuous physical’’ activi- treating physicians whose experience Committee’s examination of this pro- ties are expressed clearly in the stat- and expertise regarding an officer’s gram on October 4, 2007 is replete with ute, and Congress understood, and in- medical history and current condition testimony concerning the frustrations tended, that the vast majority of line- are invaluable for a greater under- and unnecessary challenges too many of-duty work in which first responders standing of the case. surviving families have faced. Should engage is ‘‘nonroutine, stressful or The legislation further amends the it be enacted, the legislation we con- strenuous physical’’ activity. As the PSOB statute to clarify and restate ex- sider today and this statement reaffirm statute makes abundantly clear, with isting practice and procedure that the original purpose of the PSOB law its limited exceptions, activities that PSOB payments shall be made ‘‘only which, in its simplicity and true to would be considered routine, and not upon determination by the Bureau that Congress’ intent, clearly directed that stressful or strenuous physical activ- the facts legally warrant payments.’’ in any case in which the Bureau of Jus- ity, consist generally of clerical or ad- Without question the Bureau has the tice Assistance determines that a pub- ministrative activities. Indeed, given duty to responsibly administer the lic safety officer has died of a personal the Hometown Heroes statutory pre- PSOB program according to the law injury in the line of duty, the Bureau sumption, which directs PSOB fact and regulations. Concurrent with this shall pay a benefit. finders to presume that a heart attack, duty is the Bureau’s responsibility to Federal officials, who administer the stroke, or vascular rupture is an injury survivors: the Bureau must use its best PSOB program, like all Federal offi- sustained in the line of duty for pur- and appropriate efforts to ensure that, cials involved with providing financial poses of a PSOB benefit, Congress made where the facts warrant payment, assistance, are under both an ethical the judgment and intends for such claimants shall receive the benefit. and a legal duty to administer PSOB claims to be weighted heavily in favor This means nothing more than that benefits in a manner consistent with of providing the benefit. it is the PSOB office, the Bureau of the controlling law and regulations. Under the law, the presumption in Justice Assistance, as the entity re- Nothing in this legislation subjects favor of the benefit may only be over- sponsible for administering PSOB Federal or contract employees deter- come when PSOB fact finders are pre- claims, which is charged to make de- mining PSOB claims to any greater li- sented with evidence that factors other terminations on claims. This does not ability or penalties than are currently than duty-related activities led to a approve or compel PSOB fact finders to applicable to other government em- stroke, heart attack, or vascular rup- abdicate to legal counsel their respon- ployees. As Chairman of the Senate Ju- ture. The legislation we consider today sibilities to decide claims. The claims diciary Committee, with oversight re- refines the existing statutory standard process itself in most instances should sponsibilities over the Department of to emphasize that the ‘‘mere presence’’ be sufficient for PSOB fact finders to Justice, I have confidence that the men of cardiovascular risk factors in a fall- make the determination required, on and women of the Justice Department en first responder is not enough to the facts presented, under the law. This who administer PSOB claims execute overcome this presumption. That is, provision is not an invitation in any their responsibilities with the highest simply because a public safety officer way, absent evidence of fraud, to sub- level of integrity, and will continue to who suffers a heart attack, stroke, or ject claims to unnecessary, protracted do so in the future with the discretion vascular rupture may have had present legal or medical review. Nor should that the law provides. Justice Depart- risk factors or other indicators of the this provision be construed to alter the ment officials should be confident that presence of cardiovascular disease, well-established standard of review ap- the good work that they do relative to that is not enough to overcome the plicable to the claims process, that this program, even where the process of strong presumption in favor of eligi- where the facts of a case ‘‘more likely review may question their judgment or bility. Nothing in this legislation or than not’’ warrant payment of a claim, conclusions, is subject to a law that the refinement to the Hometown He- the benefit should be approved. This is gives them the freedom to exercise roes law should be construed as a de- a crucial aspect of the administration their discretion fairly and impartially. parture from this presumption. Indeed, of the PSOB benefit. And I would take The operative standard for claims eval- the intent of this provision is to clarify a moment to respectfully disagree with uation under the PSOB law is one of that the burden to overcome the pre- language contained in the House Judi- ‘‘more likely than not’’, and this stand- sumption is a heavy one. As Congress ciary Committee’s report on the legis- ard by its terms allows ample room for recognized in 2003 with the enactment lation we pass today. Language in the PSOB fact finders to exercise broad of the hometown heroes law and its House Report to accompany H.R.4018, discretion. Indeed, it is worth recog- statutory presumption, serving as a which appears to require the Depart- nizing that the courts have reversed first responder presents physical and ment of Justice ‘‘ to objectively test or the denial of PSOB benefits on at least psychological challenges unlike any verify each material factual assertion eight occasions. I am aware of no in- other occupation in civil society. made and obtain relevant information stance, however, where the approval of In order to expedite claims proc- beyond what claimants may provide’’ a PSOB benefit was overturned or de- essing for first responders and to re- in order to discharge its legal duty, is termined to have been in error. duce administrative costs within the inconsistent with the intent of the Let me conclude with a few general PSOB office, the legislation we con- PSOB law. I would note my strong dis- points about this important program. sider contains a measure to include a agreement with this language, which Congress enacted this law in 1976 be- ‘‘medical or claims examiner’’ within fails to appreciate Congress’ original cause it recognized then, as we do now,

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.023 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8336 CONGRESSIONAL RECORD — SENATE December 21, 2012 that the welfare of America’s public costs at other bases and installations. ple, the Defense bill fully funds the safety officers, and their families, is Finally and perhaps most importantly, President’s budget request of $5.7 bil- worthy of our support. Congress has an incredibly skilled and experienced lion to build the capacity of the Afghan acted over the last 36 years on several workforce is employed at the 911th in- National Security Forces so those occasions to expand the law. The PSOB stallation, a significant and irreplace- forces can take over for U.S. forces and program was designed with that over- able resource for the Air Force. It take the security lead throughout Af- arching principle in mind, and the De- would be a terrible waste of taxpayer ghanistan by 2014. partment of Justice, in administering dollars if this installation were to close The Defense authorization bill will the program, must make every effort at this critical time. also provide the resources necessary to to ensure that the families of fallen of- I am disappointed in the conferees for support our defense strategies and ficers and those disabled are provided removing language that we voted on allow our military to modernize equip- with the benefit to which they are enti- here in the Senate which would have ment worn out after 11 years of war in tled under the law in an efficient man- frozen any infrastructure changes the difficult battlefield environments ner. within the Air Force in FY13. I think of Afghanistan and Iraq. As the Department of Justice moves that this decision was misguided and Such resources include investments forward to implement the improve- wrong. in our Global Hawk unmanned aircraft, ments that Congress considers today, I But I understand that the bill also which provide critical intelligence, sur- look forward to working with officials requires the Air Force to maintain an veillance and reconnaissance informa- within the Department’s Office of Jus- additional combination of 32 C–130s and tion. These aircraft have also provided tice Programs as they carry out their C–27s. I strongly believe that the 911th crucial support for disaster response ef- work. And I look forward to seeing is a prime candidate for a new mission forts, including for rescue workers in these measures put into practice swift- that is commensurate with the decades the wake of the earthquake, tsunami, ly and with the best interests in mind long experience of its workforce and and nuclear disaster in Japan. of the men and woman across the coun- support from the community. On its To increase diplomatic security try who serve all of us every day. merits and in the interests of the tax- around the world and so that we learn f payer, a sustainable mission should be from the mistakes that took the lives instituted at the 911th. I think we are of four Americans in Benghazi, this bill AIR FORCE STRUCTURE in a very strong position to make that requires the Secretary of Defense to de- Mr. CASEY. Mr. President, I rise to case and I look forward to working velop a plan to increase—by up to discuss the National Defense Author- closely with the Air Force to protect 1,000—the number of marines in the ization bill and how it will impact the this critical installation. Marine Corps security guard program structure of the Air Force moving for- It is in our National interests that to be able to deploy them to troubled ward. our best citizens are able to continue facilities to protect our personnel Of particular concern to me and my serving their country. In Pittsburgh, abroad. constituents is the Pittsburgh Air Re- some of these citizens have served our As I mentioned, the Senate over- serve Station, home of the 911th Airlift country proudly for generations. We whelmingly passed, on a 67 to 29 vote, Wing located outside Pittsburgh. In its should do all we can to support this the amendment to ban the indefinite FY13 request, the Air Force proposed tradition of service because it makes detention of U.S. persons—citizens and the retirement of the installation’s C– economic sense and is in our best na- green card holders—without charge or 130 fleet and, by connection, the clo- tional security interests. trial. sure of 911th. I have worked closely Mrs. FEINSTEIN. Mr. President, I The amendment would have updated with the Pennsylvania delegation to rise to address the conference report the Non-Detention Act of 1971, which fight against this proposed closure and for the National Defense Authorization clearly states: I would in particular like to thank Act for Fiscal Year 2013 which we will No citizen shall be imprisoned or otherwise Senator TOOMEY and Congressmen vote on later today. detained by the United States except pursu- MURPHY, DOYLE and CRITZ for all of I will vote yes on this bill as I did on ant to an act of Congress. their work on this critical issue. last year’s bill even though nothing in The amendment would have built on We all fought so hard against this it effectively addresses indefinite mili- the Non-Detention Act of 1971 so that proposed closure because we believe tary detention, which 67 Members of it applies to not just U.S. citizens but that the Air Force proposal did not re- this body are now on record opposing. also to green card holders. It would flect a thorough analysis of the merits My colleagues will recall that I intro- have provided that no military author- of the 911th Airlift Wing, nor its associ- duced, with a large bipartisan group of ization allows indefinite detention of ated cost savings. In its FY13 Force cosponsors, an amendment that pro- U.S. citizens and green card holders ap- Structure proposal, the Air Force did vided that U.S. citizens and lawful per- prehended inside the United States. not provide any analysis on how the manent residents who are apprehended The detention amendment stated: closure of the 911th would impact the on U.S. soil cannot be detained indefi- An authorization to use military force, a local community. The lack of trans- nitely, without charge or trial. The declaration of war, or any similar authority parency associated with the Air Senate passed this amendment by an shall not authorize the detention without Force’s initial proposal and infrastruc- overwhelming bipartisan vote, 67 to 29. charge or trial of a citizen or lawful perma- ture changes around the country is ex- I am saddened and disappointed that nent resident of the United States appre- tremely troubling. This is why I sup- this detention amendment was dropped hended in the United States unless an Act of ported the freeze and the establishment in conference. I don’t understand why Congress expressly authorizes such deten- of the National Commission on the we could not ensure that, at the very tion. Structure of the Air Force as mandated least, American citizens and green card Unfortunately, as soon as the amend- by the FY13 NDAA reported out of the holders cannot be held indefinitely ment passed, the language was mis- Senate Armed Services Committee. without charge or trial. As I have said represented by critics on the left as The 911th is a very efficient and cost over the past few days, to me this is a well as proponents of indefinite mili- effective unit installation that is truly no-brainer and is a real missed oppor- tary detention on the right, particu- part of the proudly patriotic commu- tunity. larly after a handful of Senators who nity in the Pittsburgh area. Its aircraft The main reason I support this bill is previously opposed this effort switched maintenance program has resulted in because it authorizes $640.7 billion for their vote at the last minute. an increase of aircraft availability fiscal year 2013 for the Department of Make no mistake, the amendment is days while saving the Pentagon more Defense. not a Trojan horse designed to surrep- than $42 million over the last five This funding ensures our troops de- titiously authorize indefinite detention years. Additionally, the Pentagon pays ployed around the world—especially in the United States. The text of the only $20,000 to lease more than 100 those in Afghanistan—have the equip- amendment is clear, and the legal ex- acres for the Wing, which is a small ment, resources, and training they perts I consulted on the amendment sum when compared to the parallel need to defend this Nation. For exam- agree.

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So habeas is a constitutional right this year before the Senate Judiciary Most Republican cosponsors of the bill that already applies to all individuals Committee on S. 2003, the Due Process said they would not support the legis- found in the United States, and habeas Guarantee Act, which is almost iden- lation if it went that far. rights even extend to noncitizen de- tical to the detention amendment to Other critics misrepresent the lan- tainees held in Guantanamo, who have the Defense authorization bill. Pro- guage of the amendment by charging never even set foot in the United fessor Vladeck reviewed the statements that it could be read to imply there is States. of support for the amendment by Sen- an authorization to indefinitely detain This was the issue before the Su- ators CARL LEVIN and LINDSEY GRA- illegal immigrants and legal visitors in preme Court in the case of Rasul v. HAM—both of whom advocated indefi- the United States. In doing this, they Bush, 2004 where, in a 6-to-3 opinion nite military detention powers in the ignore the language in paragraph 3 written by Justice John Paul Stevens, past. that explicitly prevents such an inter- the Court found that noncitizen detain- Professor Vladeck wrote: pretation. Paragraph 3 of the amend- ees at Guantanamo had habeas corpus The Graham/Levin colloquy sought to cast ment clarifies that the text to be added rights. Justice Stevens also wrote that [the Feinstein] language as doing exactly the to the Non-Detention Act of 1971 ‘‘shall the right to habeas corpus is not de- opposite of what it says, i.e., as confirming pendent on citizenship status. The de- that U.S. citizens can be detained even with- not be construed to authorize the de- in the territorial United States pursuant to tention of a citizen of the United tainees were therefore free to bring a the logic of the Supreme Court’s opinion in States, a lawful permanent resident of habeas claim challenging their deten- Hamdi [v. Rumsfeld]. the United States, or any other person tion as unconstitutional. Professor Vladeck concluded that who is apprehended in the United Because the Constitution already Senators LEVIN and GRAHAM were ‘‘ex- States.’’ Again, don’t take my word for grants this right explicitly—legislation actly wrong’’ because ‘‘the plain text of it. Professors Lederman and Vladeck purporting to grant this right is inef- the bill is simply irreconcilable with say that the amendment ‘‘would do fective and simply empty words, meant that understanding.’’ nothing of the sort.’’ to make lawmakers feel good but not In another article, Vladeck and The bottom line: Indefinite military actually adding anything to the rights Georgetown Law Professor Marty detention is incompatible with our val- of the American people. Lederman, another expert on military ues, and this amendment would have The question is not whether Ameri- detention and national security, wrote: been a major step forward to make sure cans still have constitutional rights to If it were to be enacted, the amendment we never return to the dark chapter of habeas. Of course that right and others would ensure that a future president could American history when we detained that are guaranteed by the Constitu- not construe the September 18, 2001 Author- Japanese-American citizens out of fear tion remain in place. Rather, the ques- ization for Use of Force (AUMF), the FY2012 during World War II. tion is, Should the military be allowed NDAA, or any comparable statute to author- Mr. President, some have pointed to to indefinitely detain U.S. citizens in ize the military detention of citizens and the first place? Should we allow the LPRs [lawful permanent residents] appre- section 1029 of the conference report hended within the United States. and said that it accomplishes what the military to patrol our streets and pick up citizens? I believe the answer to I agree with these law professors— Feinstein amendment would have done. that question—both here in the Senate with whom I worked, in fact, on the That is not true. and across the Nation—is a resounding drafting of my bill and amendment. It The amendment offered by Congress- is true the courts have previously man GOHMERT regarding habeas corpus, no. So I will continue to work to correct reached ambiguous and conflicting de- which is now section 1029 of the under- the flaws of the Fiscal Year 2012 Na- cisions regarding whether U.S. persons lying conference report, does nothing tional Defense Authorization Act, and I apprehended on American soil may be except restate that constitutional look forward to the continued support subject to indefinite detention under rights to file a habeas claim can’t be of the 67 of my colleagues who voted the laws of war. However, far from add- denied. ing to this ambiguity, I am confident Consider the exact text of this sec- for the Feinstein amendment this year. I am confident that eventually we this amendment would bring much- tion, which reads: will build the support for this amend- needed clarification to this area of the SEC. 1029. RIGHTS UNAFFECTED. Nothing in the Authorization for Use of ment that we need on the House side law. Military Force or the National Defense Au- The Feinstein detention amendment too. Therefore, it is only a matter of thorization Act for Fiscal Year 2012 shall be time before we prevail. The Feinstein would have updated the Non-Detention construed to deny the availability of the Act of 1971 which Congress passed to detention amendment is what the writ of habeas corpus or to deny any Con- American people want, and it would repudiate the shameful Japanese- stitutional rights in a court ordained or es- American internment experience dur- tablished by or under Article III of the Con- guarantee the fundamental liberty that ing World War II. That 1971 landmark stitution to any person inside the United they deserve. legislation, which liberal critics of the States who would be entitled to the avail- Mr. JOHNSON of South Dakota. Mr. detention amendment have made no ef- ability of such writ or to such rights in the President, last August Congress en- fort to overturn, protected only U.S. absence of such laws. acted, with broad bipartisan support, citizens from detention. In contrast, This provision doesn’t do anything to the Iran Threat Reduction and Syria the amendment broadens protections add to the rights of individuals inside Human Rights Act of 2012, a com- from indefinite detention, protecting the United States, such as citizens, be- prehensive sanctions bill I coauthored. both green card holders, called ‘‘lawful cause the writ of habeas corpus is a That legislation, blending various permanent residents’’, as well as citi- constitutional right to appear before a measures introduced by my colleagues zens. judge to challenge the legality of an in- with new ideas developed by the Bank- At a time when civil liberties are dividual’s incarceration. ing Committee, imposed a range of under attack, we should not let the During the colonial period, habeas tough new sanctions on the Govern- perfect be the enemy of the good. As corpus was understood as a writ avail- ment of Iran and those who do business Professors Lederman and Vladeck note, able to a prisoner, ordering his jailer to with it. This was done to tighten fur- ‘‘The new Feinstein amendment . . . appear with the prisoner before a court ther the squeeze on Iran’s major rev- does protect the vast majority of per- of general jurisdiction and to justify enue sources, and force its leaders fi- sons in the United States from non- the confinement. nally to come clean on Iran’s illicit nu- criminal detention without express In the Constitution, after enumer- clear program. The third major piece of statutory authorization . . . .’’ ating the powers of Congress, the draft- Iran sanctions legislation to be enacted As I said during the floor debate on ers inserted language guaranteeing the in the last 2 years, it followed the the amendment, I would support ex- right to habeas when they stated, ‘‘The Banking Committee’s Comprehensive

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While I necessarily absent: the Senator from on Iran’s oil purchases 1 year ago. regret that these exceptions were Massachusetts (Mr. BROWN), the Sen- Those combined sanctions have had a added by the conferees, and think they ator from South Carolina (Mr. powerful effect on Iran’s economy, re- may need to be addressed in future leg- DEMINT), the Senator from Illinois (Mr. ducing its oil revenues by up to $5 bil- islation, they cannot be allowed to KIRK), and the Senator from Kansas lion per month, and causing the value weaken or undermine implementation (Mr. MORAN). of its currency to plummet. of these sanctions or of the broader The PRESIDING OFFICER (Mr. The Defense Authorization con- sanctions regime already in place. Our FRANKEN). Are there any other Sen- ference report being considered today staff worked hard, on a bipartisan ators in the Chamber desiring to vote? includes a set of additional measures basis, to ensure that the final version The result was announced—yeas 81, aimed at Iran which broaden and deep- preserves all of the President’s very nays 14, as follows: en U.S. sanctions against its shipping, powerful sanctions tools provided for [Rollcall Vote No. 229 Leg.] energy, shipbuilding and military sec- under the International Emergency YEAS—81 tors, and those who deal with entities Economic Powers Act, and does not un- Akaka Gillibrand Murkowski in these sectors. They also require new dermine that authority in any way. I Alexander Graham Murray sanctions against those supplying Iran am concerned that as we forward on Ayotte Hagan Nelson (NE) certain strategic materials, and expand sanctions an approach which is inat- Baucus Hatch Nelson (FL) the sanctions net to those who provide Begich Heller Portman tentive to these existing authorities Bennet Hoeven Pryor Iran certain financial or insurance might actually unintentionally under- Bingaman Hutchison Reed services. mine them. Blumenthal Inhofe Reid All of these new sanctions, and those As we all recognize, economic sanc- Blunt Isakson Roberts provided for in our legislation in Au- Boozman Johanns Rockefeller tions are not an end—they are a means Boxer Johnson (SD) Rubio gust which will come online soon, will to an end—to apply enough pressure to Brown (OH) Johnson (WI) Schumer be implemented at a sensitive time, as secure agreement from Iran’s leaders Burr Kerry Sessions the U.S. and our P5+1 allies prepare for Cantwell Klobuchar Shaheen to fully, completely and verifiably Cardin Kohl Shelby what President Obama has described as abandon their illicit nuclear activities. Carper Kyl Snowe a renewed push to develop a negotiated The Banking Committee will continue Casey Landrieu Stabenow solution to this problem. The prospect to assertively oversee the President’s Chambliss Lautenberg Tester of a nuclear-armed Iran is the most Coats Levin Thune implementation of the comprehensive Coburn Lieberman Toomey pressing foreign policy challenge we sanctions regime, and do all we can to Cochran Lugar Udall (CO) face, and we must continue to do all we provide all the tools he needs to resolve Collins Manchin Udall (NM) can—politically, economically, and Conrad McCain Vitter these issues with Iran. Coons McCaskill Warner diplomatically—to avoid that result. In Mr. MCCAIN. Mr. President, I yield Corker McConnell Webb the coming months, it will become the remainder of our time. Cornyn Menendez Whitehouse clear whether Iran will be willing fi- The PRESIDING OFFICER. The Sen- Feinstein Mikulski Wicker nally to change course, and agree to ator from Michigan. NAYS—14 the terms of the international commu- Mr. LEVIN. Mr. President, let me Barrasso Grassley Paul nity to bring an end to its illicit nu- thank Senator PRYOR for his tremen- Crapo Harkin Risch clear program, allow for intrusive dous contribution to this bill and to Durbin Leahy Sanders international inspections of its nuclear Enzi Lee Wyden this body. The fight he is waging here Franken Merkley sites and activities, and stop its con- is the correct fight. This was not done tinued support for terrorism and well by the Air Force, to put it mildly. NOT VOTING—4 abuses of human rights. Given Iran’s We froze it. They amended it. We have Brown (MA) Kirk DeMint Moran track record, there is considerable rea- some problems with the amendment, son to be skeptical. But the President but we had to reach a compromise with The conference report was agreed to. continues to press to resolve these the House, which favored their modi- Mr. HARKIN. Mr. President, as a issues diplomatically if possible, and if fied bill, and there are some rough Senator, I have no greater responsi- that can be done it is obviously pref- edges to it. bility than to work to ensure our Na- erable to any military alternative. Iso- The Senator from Arkansas has very tion’s security. Our Armed Forces lated diplomatically, economically, eloquently pointed out one of those must have the tools they need to keep and otherwise, Iran must understand rough edges. We put in this place in our country safe. That is why I support that the patience of the international this bill a commission to try to avoid the vast majority of the provisions in community is fast running out. Iran’s these kinds of problems in the future. the National Defense Authorization leaders can end the repression against That does not help this year. I wish it Act and why I supported the bill that their people, come clean on their nu- could. But, nonetheless, it is because of passed the Senate. I particularly note clear program, suspend enrichment, the efforts of the Senator from Arkan- provisions that increase pay and bene- and stop supporting terrorists around sas and others, who pointed out the de- fits for our servicemembers and retir- the globe, or they can continue to face fects in the process this year, that we ees, ensure a drawdown of our troops in sustained multilateral economic and have been able to, hopefully, avoid a Afghanistan, allow female servicemem- diplomatic pressure and deepen their repetition of this in the future. I thank bers access to basic health services if international isolation. him for the many contributions he has they are victims of sexual assault, and Let me say a final word about the made to this bill. His fight for his home limit the annual increases in TRICARE process. The new measures contained State is passionate and effective, and I prescription drug premiums. All of in this bill were offered as a Senate commend him for it. these provisions I support and believe floor amendment, and did not come Mr. President, I yield back our time, are important. through the Banking Committee. My if we have any remaining. I oppose this bill because I do not be- view has always been that any innova- The PRESIDING OFFICER. All time lieve it adequately reflects our prin- tive legislative ideas that may help is yielded back. ciples. I believe we can do a better job force Iran to engage in successful nego- The question is on the adoption of of protecting our national security tiations are worthy of serious consider- the conference report. without compromising important val- ation. Even so, in negotiating these Mr. MCCAIN. Mr. President, I ask for ues than what is contained in this leg- provisions in a hurried conference com- the yeas and nays. islation. mittee process, procedural objections The PRESIDING OFFICER. Is there a This Nation has long been a beacon raised by House Ways and Means Com- sufficient second? of liberty and a champion of rights mittee majority staff because of the There is a sufficient second. throughout the world. Yet since 9/11, in way the new provisions were offered The clerk will call the roll. the name of security, we have repeat- prompted them to insist on inserting The legislative clerk called the roll. edly betrayed our highest values. The

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And, it inten- sions, including critical authorizations damentally opposed to indefinite de- tionally sought to put detainees be- for our troops in uniform, for essential tention without charge or trial. I yond the rule of law. Thankfully, the defense programs to promote and pro- fought against the Bush administra- current administration has ended the tect our national security both at tion policies that led to the current sit- worst abuses of these practices, despite home and abroad, and for important uation, with indefinite detention as the the efforts of some of my colleagues to programs that keep ours the greatest de facto policy. I opposed President stymie these efforts. military in the world. Obama’s executive order in March 2011 However, I am deeply concerned that The conference report approved that contemplated indefinite deten- the conference report continues us on a today also includes two important pro- tion, and I helped lead the efforts dangerous path of sacrificing long-held visions which I was proud to support. against the detention-related provi- principles. The Dale Long Public Safety Officers sions in last year’s NDAA. A policy of To begin, this bill fails to make clear Benefits Improvements Act will fill a indefinite detention has no place in the that under no circumstance can an gap in existing law and extend the Fed- justice system of any democracy—let American citizen be detained indefi- eral Public Safety Officers/Benefits alone the greatest democracy in the nitely without trial. When the bill was program to paramedics and emergency world. considered in the Senate, I was proud medical technicians who work or vol- The American justice system is the to join 66 of my colleagues in sup- unteer for nonprofit ambulance serv- envy of the world, and a regime of in- porting an amendment, authored by ices, and their families, when they are definite detention diminishes the credi- Senator FEINSTEIN, which sought to disabled or killed in the line of duty. bility of this great Nation around the clarify that the law does not authorize And important measures relating to globe, particularly when we criticize the President to indefinitely detain an Department of Defense law enforce- other governments for engaging in American seized in the United States ment officers are also included. such conduct, and as new governments and indefinitely detain them without While I am pleased this conference in the midst of establishing legal sys- charges and without due process. I am report includes important elements tems look to us as a model of justice. heartened that President Obama has such as these, I remain deeply con- Indefinite detention contradicts the made clear he will not attempt to exer- cerned about several troubling provi- most basic principles of law that I have cise such power, but I am greatly dis- sions that remain in the law relating pledged to uphold since my years as a appointed that the conference report to the indefinite detention of individ- prosecutor and in our senatorial oath omitted this language. uals without charge or trial and the to defend the Constitution. That is why Moreover, the bill would make it conference report drops the Senate I have opposed and will continue to op- much more difficult to close the deten- amendment we adopted to protect pose indefinite detention. tion center at Guantanamo Bay. There against abuses. The indefinite deten- In addition to failing to rectify the simply is no compelling reason to keep tion and mandatory detention provi- indefinite detention provisions from the facility open and not to bring these sions that were enacted in last year’s last year’s NDAA in the conference re- detainees to maximum security facili- defense authorization bill undermine port, I also continue to be deeply dis- ties within the United States. The de- our Nation’s fundamental principles of turbed by the mandatory military de- tention center has been, and continues due process and civil liberties, and I tention provisions that were included to be, a stain on our Nation’s honor. I have worked to eliminate or fix these in last year’s NDAA through Section agree with former Secretary of State flawed provisions. 1022. In the fight against al Qaeda and Colin Powell who said ‘‘we have shaken Earlier this month, during debate on other terrorist threats, we should give the belief that the world had in Amer- the Senate bill, we took a positive step our intelligence, military, and law en- ica’s justice system by keeping [the de- toward fixing these flawed provisions forcement professionals all the tools tention center at Guantanamo Bay] by adopting an amendment offered by they need. These limitations abandon open. We don’t need it and it’s causing Senator FEINSTEIN that I supported to our full arsenal of powers. I remain us far more damage than any good we clarify that our government cannot de- concerned that the mandatory military get for it.’’ tain indefinitely any citizen or legal detention requirements are overly In the immediate aftermath of 9/11, permanent resident apprehended in the broad and threaten core constitutional the Bush administration declared a United States. More than two-thirds of principles. Once sacrificed, our treas- broad and open-ended ‘‘war on terror.’’ the Senate voted in favor of this ured constitutional protections are not I have always considered this a flawed amendment, and I viewed this as a con- easily restored. After all, the policy di- description of the challenge that con- structive part of our efforts to undo rective of this President can be undone fronted us after the 9/11 attacks. After some of the damage from last year’s by a future administration. all, ‘‘terror’’ is an endlessly broad and NDAA. During the Senate debate on I find the detention provisions en- vague term. And a ‘‘war on terror’’ is a the detention provisions this year, I acted through last year’s NDAA and war that can never end, because ter- stated again my belief that the vital the failure to fix them this year deeply rorism and terrorists will always be protections of our Constitution extend troublesome. I am also concerned with us. Because of the never-ending to all persons here in the United about the extension of overly burden- nature of this so-called ‘‘war on ter- States, regardless of citizenship or im- some restrictions and conditions on the ror,’’ it offers a rationale for restrict- migration status. Nonetheless, I voted transfer of detainees from Guanta- ing civil liberties indefinitely. This is for this amendment to affirm that in- namo, even those who have already not healthy for our democracy or for definite detention has no place in our been found to have had no connection our ability to inspire other countries justice system. to terrorism. These provisions do not to abide by democratic principles. Inexplicably, however, the Feinstein represent Vermont values, they do not We will not overcome terrorism with amendment was stripped from the final represent American values, and they secret prisons, with torture, with de- bill during conference negotiations be- have no place in this world. As a result grading treatment, with individuals de- tween the House and Senate. Despite of the failure of the conferees to seri- nied basic rights. Rather, we shall such broad Senate support for the ously address these fundamental overcome it by staying true to our Feinstein amendment, the conference wrongdoings and support the principles highest values and by insisting on legal report no longer expressly reaffirms of our Constitution, I am unable to safeguards that are the very basis of that U.S. citizens and legal permanent support final passage of this year’s our system of government and freedom. residents in America cannot be de- NDAA. Moving forward, as I did last Mr. LEAHY. Mr. President, today, tained indefinitely without charge or year, I hope to foster a broader discus- the Senate voted, by voice vote, to ap- trial. Instead, we are left with the sta- sion about these issues and work to

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.028 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8340 CONGRESSIONAL RECORD — SENATE December 21, 2012 make concrete changes to protect Feinstein No. 3421, as modified; Harkin Klobuchar, Bill Nelson, Debbie Stabe- American values and champion the No. 3426; Landrieu No. 3415; Leahy No. now, Jack Reed, Kirsten E. Gillibrand, rule of law. We need a bipartisan effort 3403; McCain No. 3384, as modified; Tom Udall, Bernard Sanders, Sheldon to guarantee that the United States re- Bingaman No. 3344; Coburn No. 3368; Whitehouse mains the model for the rule of law to Coburn No. 3369; Coburn No. 3370, as The PRESIDING OFFICER. By unan- the world. modified, with two divisions; Coburn imous consent, the mandatory quorum There is one additional provision No. 3371; Coburn No. 3382; Coburn No. call will be waived. that has been excluded from this con- 3383; Tester No. 3350; Paul No. 3376; The question is, Is it the sense of the ference report that is of concern to me Paul No. 3410; McCain No. 3355; Senate that debate on substitute and a number of Senators and Con- Merkley No. 3367, as modified; Lee No. amendment No. 3395, offered by the gressmen. Both the House and Senate 3373, as modified; and Coats No. 3391; Senator from Nevada, Mr. REID, to H.R. approved in their defense authorization that no amendments be in order to any 1, an act making appropriations for the bills language to freeze Air National of these amendments prior to votes in Department of Defense and other de- Guard and Air Force Reserve man- relation to the amendments; that the partments and agencies of the govern- power and force structure in the wake amendments be subject to a 60-affirma- ment for the fiscal year ending Sep- of the Air Force’s announced intention tive-vote threshold; that there be 30 tember 30, 2011, and for other purposes, to disproportionately target the Na- minutes of debate equally divided in shall be brought to a close? tional Guard as it prepared for Budget the usual form on each of the amend- Mr. REID. Mr. President, I ask unan- Control Act cuts. I joined Senator GRA- ments, with the exception of the fol- imous consent that this vote and the HAM, Representative HUNTER and Rep- lowing: 20 minutes equally divided on next vote be 10 minutes. resentative WALZ in leading a letter to each of the Coburn amendments or di- The PRESIDING OFFICER. Is there the conferees signed by 87 members of visions and the Lee amendment; and 40 objection? Congress in support of continuing the minutes equally divided on each of the Without objection, it is so ordered. The yeas and nays are mandatory freeze and preserving the National Paul amendments; and 1 hour equally under the rule. Commission on the Structure of the divided on the Coats amendment; that The clerk will call the roll. Air Force which was included in the upon the use or yielding back of time, The assistant legislative clerk called Senate-passed Defense Authorization the Senate proceed to votes in relation the roll. Act. to the amendments in the order listed; Mr. KYL. The following Senators are I was surprised to see that the con- that there will be 2 minutes of debate necessarily absent: the Senator from ferees rewrote these provisions, instead equally divided between the votes; that Massachusetts (Mr. BROWN), the Sen- adopting in this conference report an all after the first vote be 10-minute ator from North Carolina (Mr. BURR), Air Force proposal that had been nei- votes; further, that upon disposition of the Senator from Oklahoma (Mr. ther reviewed nor debated by either the pending amendments listed, the COBURN), the Senator from South Caro- chamber. While the final conference re- Senate proceed to vote in relation to lina (Mr. DEMINT), the Senator from port does preserve the National Com- the pending substitute amendment, as Oklahoma (Mr. INHOFE), the Senator mission on the Structure of the Air amended, if amended; that upon dis- from Illinois (Mr. KIRK), and the Sen- Force, I believe it does not go far position of the substitute, the cloture ator from Kansas (Mr. MORAN). enough to protect the fundamental motion on the underlying bill be with- The PRESIDING OFFICER. Are there needs and strength of our Air National drawn, the bill be read a third time, any other Senators in the Chamber de- Guard. and the Senate proceed to vote on pas- siring to vote? I will continue to work with others sage of H.R. 1, as amended, if amended. The yeas and nays resulted—yeas 91, here in Congress who believe, as I do, The PRESIDING OFFICER. Is there nays 1, as follows: that the Guard represents much of objection? [Rollcall Vote No. 230 Leg.] what is best about our country’s mili- Without objection, it is so ordered. YEAS—91 tary. The PRESIDING OFFICER. The Sen- Akaka Graham Nelson (NE) f ator from Vermont. Alexander Grassley Nelson (FL) UNANIMOUS CONSENT Mr. LEAHY. Mr. President, the ma- Ayotte Hagan Paul AGREEMENT—H.R. 1 jority leader indicated that when we Barrasso Harkin Portman have the point of order, I or my des- Baucus Hatch Pryor The PRESIDING OFFICER (Mr. Begich Heller Reed ignee be recognized. I ask that the dis- Bennet Hoeven FRANKEN). The majority leader. Reid tinguished senior Senator from Mary- Bingaman Hutchison Risch Mr. REID. Mr. President, I have a Blumenthal Isakson land, the chair of the Appropriations Roberts unanimous consent agreement. If ev- Blunt Johanns Committee, be the designee. Rockefeller eryone would be patient, we have two Boozman Johnson (SD) The PRESIDING OFFICER. Without Boxer Johnson (WI) Rubio votes. objection, it is so ordered. Brown (OH) Kerry Sanders Mr. President, I ask unanimous con- Cantwell Klobuchar Schumer f sent that at a time to be determined by Cardin Kohl Sessions the majority leader, after consultation CLOTURE MOTION Carper Landrieu Shaheen Casey Lautenberg Shelby with Senator MCCONNELL, the Senate The PRESIDING OFFICER. The clo- Chambliss Leahy Snowe proceed to the cloture vote with re- ture motion having been presented Coats Lee Stabenow spect to the substitute amendment to under rule XXII, the Chair directs the Cochran Levin Tester H.R. 1; that if cloture is not invoked, Collins Lieberman Thune clerk to read the motion. Conrad Lugar Toomey the majority leader be recognized; that The legislative clerk read as follows: Coons Manchin Udall (CO) OOMEY Corker McCain if cloture is invoked, Senator T CLOTURE MOTION Udall (NM) or designee be recognized for the pur- Cornyn McCaskill Vitter We, the undersigned Senators, in ac- Crapo McConnell Warner pose of raising a budget point of order Durbin cordance with the provisions of rule Menendez Webb against the pending substitute amend- Enzi Merkley Whitehouse XXII of the Standing Rules of the Sen- Feinstein Mikulski ment; that if the point of order is Wicker ate, hereby move to bring to a close de- Franken Murkowski raised, Senator LEAHY or designee be Wyden bate on the substitute amendment No. Gillibrand Murray recognized to move to waive the budget 3395 to H.R. 1, an act making appro- point of order; that there be 10 minutes NAYS—1 priations for the Department of De- of debate prior to a vote in relation to Kyl fense and other departments and agen- the motion to waive; that no other cies of the Government for the fiscal NOT VOTING—7 budget points of order be in order to year ending September 30, 2011. Brown (MA) DeMint Moran the substitute or the underlying bill; Harry Reid, Patrick J. Leahy, Benjamin Burr Inhofe Coburn Kirk that not withstanding rule XXII, the L. Cardin, Mark Begich, Joe Manchin following amendments be in order: III, Tom Harkin, Jeff Bingaman, Mary The PRESIDING OFFICER. On this Cardin No. 3393; Grassley No. 3348; Landrieu, Christopher A. Coons, Amy vote, the yeas are 91, and the nays are

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.029 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8341 1. Three-fifths of the Senators duly their conversations either in the back floodplain or not protecting in a sub- chosen and sworn having voted in the or off the floor. way or whatever. affirmative, the motion is agreed to. The PRESIDING OFFICER. Yes. OK. We have always done it. We have The PRESIDING OFFICER. The ma- If Senators could be quiet and listen, never offset mitigation, and it has been jority leader. and if you must talk, could you do it in every disaster relief. So I plead with Mr. REID. Mr. President, we have a off the floor. my colleagues to think twice. lot more work to do. This will be the The Senator from Maryland. I yield the floor. last vote of the day, the one coming up. Ms. MIKULSKI. Mr. President, the The PRESIDING OFFICER. The Sen- ator from Pennsylvania. f reason I am so insistent is, No. 1, the decorum of the Senate; and No. 2, this Mr. TOOMEY. Mr. President, I have a DEPARTMENT OF DEFENSE is a dangerous precedent. If this point different plea for my colleagues; that APPROPRIATIONS ACT of order is sustained, it will mean $3.4 is, to sustain this budget point of The PRESIDING OFFICER. The billion of urgent disaster relief in this order, acknowledging that it does not clerk will report the pending business. supplemental has to be offset in future cut one dime of spending from this sup- The legislative clerk read as follows: appropriations bills. This will mean plemental. If my budget point of order is sustained, every single dime, if it A bill (H.R. 1) making appropriations for real consequences this year. the Department of Defense and the other de- Now, in a $1 trillion budget and the were eventually passed—every dime partments and agencies of the Government way we talk about money $3.4 billion that is allocated for future mitigation for the fiscal year ending September 30, 2011, might not seem like a lot, but it does would, in fact, be spent for future miti- gation. and for other purposes. mean a lot in disaster assistance, and Pending: The question before us is, when we it does mean a lot to the Appropria- are running trillion-dollar deficits, Reid amendment No. 3395, in the nature of tions Committee. This is a $3.4 billion must we add another $60 billion on top a substitute. unspecified cut that will go to domes- Reid amendment No. 3396 (to amendment of that deficit? tic programs for fiscal year 2013. So what I have done is I have looked No. 3395), to change the enactment date. I wish to remind my colleagues we Reid amendment No. 3397 (to amendment at this bill, and there are many parts No. 3396), of a perfecting nature. are in a 6-month CR now, so this means that are not directly in aid of any of Reid amendment No. 3398 (to the language right in the middle of a CR, until the victims of Sandy. proposed to be stricken by amendment No. March, we have to take out an addi- Look, my State was hit by that 3395), to change the enactment date. tional $3.4 billion. This will have a ter- storm, not nearly as bad as New York Reid amendment No. 3399 (to amendment rible impact on domestic programs, and New Jersey and Connecticut and No. 3398), of a perfecting nature. and it is a dangerous precedent. We some others. But there are real victims Reid motion to commit the bill to the have never offset disaster assistance, of this storm, there are genuine needs, Committee on Appropriations, with instruc- and I urge the adoption of my position. tions, Reid amendment No. 3400, to change and we need to fund those needs. I am the enactment date. I yield to the Senator from New York in favor of making sure we do fund the Reid amendment No. 3401 (to (the instruc- whose community is suffering, and he needs that we have. But we have a cat- tions) amendment No. 3400), of a perfecting has done an able job in helping to man- egory of spending that is going for con- nature. age this bill. struction for years to come to mitigate Reid amendment No. 3402 (to amendment Mr. SCHUMER. Mr. President, first, I against dangers of future storms in fu- No. 3401), of a perfecting nature. wish to thank my colleague from Penn- ture years and future decades. That The PRESIDING OFFICER. The Sen- sylvania. He didn’t try to knock out might be very wise, that might be very ator from Pennsylvania. the whole thing and we appreciate appropriate spending, but it is not an Mr. TOOMEY. Mr. President, I rise to that. Having said that, I urge any of emergency. raise a point of order against a very my colleagues in disaster areas to This is not sandbags around some- small segment of this bill, and I wish think very carefully before they vote one’s house who is in danger of a to yield myself some time to discuss for this. This will be the first time ever storm. That kind of infrastructure that at this time. when a disaster is declared that we spending is the kind of spending we do The PRESIDING OFFICER. The Sen- have offset money for it. That will routinely, but we plan for it and we ator from Maryland. mean that disaster money will be much budget it. If it is, indeed, the priority Ms. MIKULSKI. Mr. President, pur- less readily available in the future. The that many people—probably, including suant to section 904 of the Congres- precedent is an awful one. It is some- myself—believe it is, then it ought to sional Budget Act of 1974, I move to thing that goes against 100 years of be weighed in competition with the waive the critical sections of that act, Democrats, Republicans—north, east, other pressing needs, and we ought to and I ask for the yeas and nays. south, and west—voting to, when one plan for it and budget for it. That is all The PRESIDING OFFICER. Is there a area has trouble, send the money, with- I am asking. So this budget point of order does not sufficient second? out spending months and months and cut one dime of spending from this bill. There is a sufficient second. months fighting about whether to cut It simply says the $3.4 billion that is Under the previous order, there will this or cut that or raise these taxes or identified for the construction of fu- be 10 minutes of debate equally divided do this or that to offset. ture mitigation projects would count prior to a vote on the motion to waive. I would say we had this fight when toward the discretionary spending caps The Senator from Maryland. Irene came about, and 19 of our col- we have in place. Unfortunately, our Ms. MIKULSKI. Mr. President, I un- leagues came to the wisdom that it was deficit would grow if all else stays the derstand the Senator from Pennsyl- a bad idea to offset it, and we didn’t. same, but at least not by that $3.4 bil- vania wishes to speak. I just need to es- So I urge and plead with my col- lion. That part would eventually have sentially object to his point of order. I leagues, on this quick notice to reverse to be offset with some modest restraint do this because although I know he is 100 years of decisionmaking and start on discretionary spending at some indeed well intentioned—Mr. Presi- invoking offsets for disaster, which point. dent, the Senate is not in order. This is this is—it is mitigation. We have al- But I would stress that there is not a an important precedent that could be ways done mitigation. It means that dime that will be cut from this bill by set, and I would like Members not to instead of rebuilding in the floodplain, virtue of this point of order, and it talk. we build in a different place nearby. It would establish that going forward, The PRESIDING OFFICER. If Mem- means instead of putting all of these hopefully, when we are doing long-term bers would please take their conversa- machines that are flooded in the base- construction projects for future miti- tions out of the Chamber if they wish ment, we put them on the third floor. gation, we would consider them in the to talk. If not, could they be quiet. It means if there is a beach that is not context of the infrastructure spending Ms. MIKULSKI. I want them to more protected, we build a berm. That is that they are. than be quiet. We are talking about a mitigation. It is all related to pro- So for that reason, Mr. President, precedent in the Senate, so I would tecting from a disaster and not making pursuant to section 314(e)(1) of the Con- like, please, if Senators could take the same mistake of building in a gressional Budget Act of 1974, I raise a

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.032 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8342 CONGRESSIONAL RECORD — SENATE December 21, 2012 point of order against the emergency VOTE EXPLANATION Inouye went on through the urgent designation in the appropriation for ∑ Mr. BROWN of Massachusetts. On supplemental. the Army Corps of Engineers, ‘‘Con- Thursday, December 20, 2012, my fa- I would like to thank the Senator struction,’’ contained in title 4 of the ther, Claude Bruce Brown, passed from New York for helping with the substitute amendment. And I yield the away. Growing up, my relationship management of this bill, as well as the remainder of my time. with my Dad was a complicated one. As Senator from Vermont and Senator The PRESIDING OFFICER. The Sen- we both matured, our relationship, re- LANDRIEU, the chair of the Homeland ator from Maryland. spect and love for each other also ma- Security Subcommittee, who have all Ms. MIKULSKI. Mr. President, pur- tured. He was a good man with a big done good work. suant to section 904 of the Congres- heart. Our family—my wife Gail, and DAN INOUYE sional Budget Act of 1974, I move to my daughters Ayla and Arianna—are We Senators know we are only as waive the applicable section of that thankful to his wife, Peggy, her family good as our staff. As the Inouye era act, and I ask for the yeas and nays. and for their unwavering love for him goes through its transition, I would The PRESIDING OFFICER. Without during his difficult final days. I will like to thank the Inouye staff first of objection, it is so ordered. miss my father’s guidance and his all for everything they have done on Is there a sufficient second? sense of humor. this bill. I thank the Inouye staff for There is a sufficient second. As a result of my father’s passing, I all they did in staffing for truly one of The question is on agreeing to the am departing Washington so that we the great icons in the Senate. Now, do motion to waive. can be together and mourn together as not think the Inouye staff is going to The yeas and nays have been ordered. a family. Unfortunately, that means go away under BARBARA MIKULSKI. I The clerk will call the roll. that on Friday, December 21, 2012, I am The assistant legislative clerk called want to publicly thank them on behalf not present in Senate for three rollcall the roll. of all of the Senate that they held their Mr. KYL. The following Senators are votes. In my nearly 3 years of service own emotions in control so we could necessarily absent: the Senator from in the Senate, I have only missed one move forward with the Senate busi- vote, and I want to be clear about how Massachusetts (Mr. BROWN), the Sen- ness. That is what professional staff is. I would have voted on the measures ator from North Carolina (Mr. BURR), They are the highest and the best of the Senator from Oklahoma (Mr. that are before the Senate today. the best. I think the Senate owes them I strongly support the Conference Re- COBURN), the Senator from South Caro- a debt of gratitude. I will lean on them port to accompany H.R. 4310, the De- lina (Mr. DEMINT), the Senator from to be back here on Thursday to move partment of Defense Authorization bill, Oklahoma (Mr. INHOFE), the Senator this bill in regular order. and I would have voted aye in favor of I want to just end today’s pro- from Illinois (Mr. KIRK), the Senator its passage. Providing the necessary re- ceedings by saying God bless Senator from Utah (Mr. LEE), and the Senator sources to our men and women in uni- Inouye and all that he meant to Amer- from Kansas (Mr. MORAN). The PRESIDING OFFICER (Mr. form is critical, and as a member of the ica, and God bless the staff, who has Senate Armed Services Committee, I TESTER). Are there any other Senators helped him be one of the greatest Sen- in the Chamber desiring to vote? applaud the authors of this legislation ators in American history. The yeas and nays resulted—yeas 57, for their work on this measure. It con- The PRESIDING OFFICER. The Sen- nays 34, as follows: tains many provisions that I believe ator from Texas. are important to both the Common- Mrs. HUTCHISON. Would the Sen- [Rollcall Vote No. 231 Leg.] wealth of Massachusetts and the secu- ator yield? YEAS—57 rity of our Nation. Ms. MIKULSKI. Yes. Akaka Gillibrand Nelson (FL) Additionally, I would have supported Mrs. HUTCHISON. Mr. President, I Baucus Hagan Pryor Begich Harkin Reed the motion to invoke cloture on the want to say that we all will miss Sen- Bennet Johnson (SD) Reid Reid substitute amendment No. 3395 to ator Inouye. He was one of the most Bingaman Kerry Rockefeller H.R. 1, the vehicle for the Hurricane loved people who have ever served in Blumenthal Klobuchar Sanders Blunt Kohl Schumer Sandy emergency supplemental appro- this Senate. But I also want to say that Boxer Landrieu Shaheen priations bill. Hurricane Sandy had a we have passed on now and will take Brown (OH) Lautenberg Shelby major impact on the Commonwealth of the bill in its entirety later. But be- Cantwell Leahy Snowe Massachusetts and had a terrible toll cause of the leadership of Senator MI- Cardin Levin Stabenow Carper Lieberman Tester on New York and New Jersey espe- KULSKI and many others working to- Casey Manchin Udall (CO) cially. gether, we now have a start on the sup- Cochran McCaskill Udall (NM) Finally, on the motion to waive the plemental appropriation. Conrad Menendez Vitter We have worked in the Senate to- Coons Merkley Warner Budget Act point of order on a small Durbin Mikulski Webb portion of that disaster response bill gether to accommodate the concerns of Feinstein Murray Whitehouse that did not pertain to responding to many on our side about that bill. We Franken Nelson (NE) Wyden the impacts of Hurricane Sandy, I have now had a say. I think there will NAYS—34 would have voted no. I believe that be overwhelming support now for going Alexander Grassley Murkowski funding for infrastructure improve- forward. I think that is due to the abil- Ayotte Hatch Paul ments to mitigate the impacts of fu- ity of Senator MIKULSKI to step to the Barrasso Heller Portman ture storms is critical, but should be plate and become the first woman Boozman Hoeven Risch chairman of the Appropriations Com- Chambliss Hutchison Roberts fully offset in the future. This is con- Coats Isakson Rubio sistent with all of the new spending ef- mittee in the history of the Senate. Collins Johanns Sessions forts that are considered under the bi- She has already shown the leadership Corker Johnson (WI) Thune that will continue in her tenure as Cornyn Kyl partisan budget controls currently in Toomey Crapo Lugar place.∑ chairman. I have worked with her as Wicker Enzi McCain The PRESIDING OFFICER. the ranking member of the sub- Graham McConnell The Senator from Maryland. committee this last year on appropria- NOT VOTING—8 Ms. MIKULSKI. Mr. President, I tions. She has been chair, and I have Brown (MA) DeMint Lee know the hour is late and there are been the ranking member. I will say Burr Inhofe Moran Members who want to go home. We that every time we have had a dis- Coburn Kirk have been through an emotional roller agreement, it has been worked out, and The PRESIDING OFFICER. On this coaster here in the Senate, as has the we have passed our bills, our legisla- vote, the yeas are 57, the nays are 34. Nation. One week ago we saw this ter- tion. That is what is going to happen Three-fifths of the Senators duly cho- rible, horrific shooting in Connecticut. next year as she becomes the chairman sen and sworn not having voted in the While the Nation mourned what hap- of Appropriations. I think it is a good affirmative, the motion is rejected. pened there, we mourn here in the Sen- day for the Senate. The point of order is sustained. The ate because of the passing of Senator Ms. MIKULSKI. Mr. President, I sug- emergency designation is removed. Inouye. Yet the work of Senator gest the absence of a quorum.

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.034 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8343 The PRESIDING OFFICER. The His command of defense authoriza- The ACTING PRESIDENT pro tem- clerk will call the roll. tion and appropriations legislation pore. Is there objection? The legislative clerk proceeded to from both the House of Representatives Mr. MCCONNELL. I object. call the roll. and the Senate has been exceptional. The ACTING PRESIDENT pro tem- Mr. SCHUMER. Mr. President, I ask He consistently puts in late nights and pore. Objection is heard. unanimous consent that the order for long weekends studying the details of Mr. REID. Mr. President, I ask unan- the quorum call be rescinded. legislation affecting programs that are imous consent that the request be The PRESIDING OFFICER. Without vital to our national defense and the modified—I reluctantly do this—to set objection, it is so ordered. State of Alabama. a 60-affirmative-vote threshold on each Mr. SCHUMER. Mr. President, first, I More importantly, Jeff possesses ex- of the amendments and passage of the would like to congratulate Senator MI- cellent judgment. I have valued his bill. KULSKI on a fine first day on the floor judgment and insight on global issues The ACTING PRESIDENT pro tem- as chair of Appropriations. We are all as well as the more rigorous and de- pore. Is there objection? excited about it on both sides of the tailed issues that come up in the Sen- Without objection, it is so ordered. The Senator from Oregon. aisle and expect great things of that ate. I can say without hesitation, he committee next year. Perhaps there has fulfilled the high reputation that INTELLIGENCE AUTHORIZATION Mr. WYDEN. Mr. President, both will be a change—we will get appro- the Navy Fellowship Program has sides are working to pass the intel- priations bills done, get them on the earned in every way. He has been a tre- ligence authorization bill for 2013. floor, and move them under her leader- mendous resource to my office. He is a man of integrity, who puts his country I voted against this legislation when ship. it was marked up in committee. I ob- I also want to thank Senator LAN- first. He is committed to serving Amer- jected to it here on the floor last DRIEU, who is not here, who really ica in whatever role he is given. All the while, he carries out his duties with ex- month. But I am able to support it at helped out as well, as well as Senator this time. MURRAY and Senator FEINSTEIN. I ceptional grace, collegiality, and posi- tive spirit. I am exceedingly impressed The bill has a number of valuable thank them very much. provisions in it, and I thank Chair- I also thank the staff, which really is with Jeff, both as a person, an officer, and a staff member. woman FEINSTEIN and Vice Chairman professional. In England, they are a CHAMBLISS for making the changes in civil service. It is the highest calling, His time in my office has gone too quickly. We will miss the force of his the bill to address my concerns. it is professional, and it works hard no The changes Senators FEINSTEIN and matter who is in charge. They do a fine mind, his hard work, and his posi- tive approach to all challenges. The CHAMBLISS have made would remove a great job. You are our English civil number of provisions that were in- service, which is a very high com- Navy most surely has an unusually tal- ented and valuable officer in Com- tended to reduce unauthorized disclo- pliment. sures of classified information, of Mr. President, I yield the floor, and I mander Bennett. Commander Bennett has served my course, known as leaks. suggest the absence of a quorum. office with honor and distinction, truly I objected to these provisions be- The PRESIDING OFFICER. The personifying the qualities of a U.S. cause, in my view, they would have clerk will call the roll. naval officer. harmed first amendment rights, led to The legislative clerk proceeded to I would be remiss if I did not thank less informed public debate about na- call the roll. his wonderful wife Heather and his tional security issues, and undermined Mr. SESSIONS. Mr. President, I ask children Grace and Jay. As is the case the due process rights of intelligence unanimous consent that the order for with all our military families, we know agency employees, without actually the quorum call be rescinded. that Commander Bennett’s service is enhancing national security. The ACTING PRESIDENT pro tem- one supported and shared by the whole I am going to take a few minutes to pore. Without objection, it is so or- family. He is, indeed, a great family explain my views on this so that those dered. man. who are not on the Intelligence Com- The Chair will announce that fol- I look forward to following his bright mittee and who have not heard this lowing the invoking of cloture on Sen- career and continuing service to God issue addressed before will understand ate amendment No. 3395, the motion to and country. what the debate was about and what I commit fell, being inconsistent with I yield the floor. believe has been accomplished. cloture. The ACTING PRESIDENT pro tem- I certainly agree with Senators that The Senator from Alabama. pore. The majority leader. unauthorized disclosure of national se- TRIBUTE TO NAVY COMMANDER JEFFREY A. UNANIMOUS-CONSENT AGREEMENT—H.R. 5949 curity information, known as leaks, is BENNETT II Mr. REID. Mr. President, I ask unan- a serious problem. Unauthorized disclo- Mr. SESSIONS. Mr. President, I rise imous consent that notwithstanding sure of sensitive information can jeop- today to honor Navy CDR Jeffrey A. cloture having been invoked, at a time ardize legitimate military and intel- Bennett II. Commander Bennett served to be determined by the majority lead- ligence operations, and even put lives as a military fellow in my office since er, after consultation with the Repub- at risk. So I do believe it is appropriate December of last year. He brought to lican leader, the Senate proceed to the for Congress to look for ways to help public service the same passion and consideration of Calendar No. 510, H.R. the executive branch protect informa- honor he brought to military service. 5949; that the only first-degree amend- tion that intelligence agencies want to Commander Bennett is a 1992 US ments in order to the bill be the fol- keep secret, as long as Congress is Naval Academy graduate who was lowing: LEAHY, MERKLEY, PAUL, careful not to do more harm than good. nominated for the academy by the WYDEN; that there be 30 minutes of de- Personally, I have spent more than 4 chairman of the Armed Services Com- bate equally divided between the pro- years working on the legislation to in- mittee, CARL LEVIN, several years ago. ponents and opponents on each amend- crease the criminal penalty for those He came to my office after a tour ment; that there be up to 5 hours of de- who are convicted of deliberately ex- serving as captain of the USS bate on the bill equally divided be- posing covert agents, and I was pleased Stockdale, an Arleigh Burke class tween the proponents and opponents; that, with the help of Senators on both guided missile destroyer. I know he that upon the use or yielding back of sides of the aisle, that legislation was was an excellent captain, indeed, I have time, the Senate proceed to vote in re- finally signed into law in 2010. So I am personally observed Commander Ben- lation to the amendments in the order all for the Congress recognizing that nett’s abilities. I am very impressed. listed; that there be no amendments in leaks are a serious problem and for He has a good strategic grasp of Amer- order to any of the amendments prior doing things to show the men and ica’s challenges, while also mastering to the votes; that upon disposition of women of the U.S. intelligence commu- the details necessary to fully grasp the amendments, the bill be read a nity that the seriousness of this issue military budget and financial issues, third time and the Senate proceed to is recognized in this body. among other matters that we deal vote on passage of the bill, as amended, It is important for Congress to re- with. if amended. member, however, that not everything

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.036 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8344 CONGRESSIONAL RECORD — SENATE December 21, 2012 that is done in the name of stopping the media would not be able to serve on tice, as well as the White House, who leaks is necessarily wise policy. In par- advisory boards for the intelligence have access to sensitive national secu- ticular, I think Congress ought to be community, which I believe would have rity information. I do not see a clear extremely skeptical of any antileak deprived the community of valuable justification for singling out intel- legislation that threatens to encroach knowledge and advice. ligence community employees when on the freedom of the press or that re- Section 506 would also have led to a there is no apparent evidence these em- duces access to information that the less informed debate on national secu- ployees are responsible for a dispropor- public has a right to know. rity issues by prohibiting nearly all in- tionate number of leaks. A number of Senators may be aware telligence agency employees from pro- For what it is worth, Robert Litt, the that my father was a journalist who re- viding briefings to the press, unless general counsel for the Director of Na- ported on national security issues. those employees gave their names and tional Intelligence told the American Among other books, he wrote what has provided the briefings on the record. Bar Association last month that in his been called the definitive account of It seems to me that authorized un- view these proposals, ‘‘really would not the Bay of Pigs invasion, as well as an classified background briefings from have any deterrent impact or punitive authoritative account of how the intelligence agency analysts and ex- impact on leaks, and might in fact United States came to build and use perts are a useful way to help inform have an adverse impact on the free flow the first atomic bomb. Accounts such the press and the public about a wide of information to the American peo- as these are vital to the public’s under- variety of issues, and there will often ple.’’ standing of national security issues. be good reasons to withhold the full In summary, I am grateful to the Without transparent and informed pub- names of the experts giving those brief- chair of the Intelligence Committee, lic debate on foreign policy and na- ings. I have seen no evidence that mak- Senator FEINSTEIN, and vice chairman, tional security topics, American voters ing it harder for the intelligence agen- Senator CHAMBLISS, for responding to are ill-equipped to elect the policy- cies to provide these briefings will ben- the concerns that I have outlined by makers who make important decisions efit national security in any way. So I removing nearly all of the antileak in these areas. see no reason to limit the flow of infor- provisions from this legislation. The Congress too would be much less ef- mation in this manner. provision that remains would require fective in its oversight if Members did The third provision I thought was the executive branch to notify the Con- not have access to informed press ac- troubling was section 511, which would gress when they classify information to counts on foreign policy and national have required the Director of National disclose it to the press. security topics. And while many Mem- Intelligence to establish an adminis- I believe this provision will lead to bers of Congress do not like to admit trative process under which he or she more informed public debate by mak- it, Members often rely on the press to and the heads of the various intel- ing it clear to Members of Congress inform them about problems that con- ligence agencies would have had the whether particular press reports are gressional overseers have not discov- authority to take away pension rights based on authorized but unattributed ered on their own. I have been on the from an intelligence agency employee disclosures that we can respond to as Senate Intelligence Committee for 12 or a former employee. That could be we see fit, and unauthorized leaks that years now, and I can recall numerous done if the DNI or the agency head de- would not be responsible for us to con- specific instances where I found out termined that the employee knowingly firm or deny. So I believe that par- about serious government wrong- violated his or her nondisclosure agree- ticular provision is useful, and I com- doing—such as the NSA’s warrantless ment and disclosed classified informa- mend the chair and vice chairman for wiretapping program or the CIA’s coer- tion. including it. cive interrogation program—only as a I have been concerned that the Direc- In summary, I think we all under- result of disclosures by the press. tor of National Intelligence himself stand that in these important intel- With all of this in mind, I was par- said this provision would not be a sig- ligence debates—and I remember when ticularly concerned about sections 505 nificant deterrence to leaks, and that the Presiding Officer was on the com- and 506 of this bill because both of it would neither help protect national mittee and doing good work—we al- them would have limited the flow of sensitive security information nor ways understood that it came down to unclassified information to the press make it easier to identify and publish striking a balance. There is something and to the public. Section 505, as actual leakers. of a constitutional teeter-totter where passed by the Intelligence Committee, Beyond these concerns about the pro- on one side we have protecting collec- would have prohibited any government vision’s effectiveness, I have also been tive security, and on the other said we employee with a top secret, compart- concerned that giving intelligence have the public’s right to know and the mented security clearance from ‘‘en- agency heads broad new authority to individual liberties of the American tering into any contract or other bind- take away the pensions of individuals people. ing agreement’’ with ‘‘the media’’ to who have not been formerly convicted As written, as reported by the com- provide ‘‘analysis or commentary’’ con- of any wrongdoing could pose serious mittee, I believe that legislation would cerning intelligence activities for a full problems for the due process rights of have seriously put out of balance the year after that employee left the gov- intelligence professionals, particularly constitutional ‘‘teeter.’’ I think it ernment. when the agency heads themselves would have harmed legitimate first That provision would clearly have led have not told Congress how they would amendment rights. I think it would to less-informed public debate on na- interpret and implement the authority. have done damage to the public’s right tional security issues. News organiza- As many of my colleagues will guess, to know. I believe it would have dis- tions often rely on former government I was especially concerned about the couraged the ability to ensure that we officials to help explain complex sto- rights of whistleblowers who report had a thorough and adequate discus- ries or events, and I think it entirely waste, fraud, and abuse to the Congress sion of issues that are so important for appropriate for former officials to help or the inspector general. I have out- the American people, as the American educate the public in this fashion. lined these due process concerns in people look to the Congress of the I am also concerned that prohibiting more detail in the committee report United States, and particularly this individuals from providing com- that accompanies this bill. body, to strike the appropriate bal- mentary could be an unconstitutional I would just note for a moment that ance, the right balance, between pro- encroachment on free speech. For ex- I was particularly concerned that sec- tecting our country at a time when ample, if a retired CIA Director wishes tion 511 would have created a special there are serious threats and, on the to publish an op-ed commenting on a avenue of punishment that only ap- other hand, protecting our individual public policy debate, I see no reason to plied to accused leakers who worked liberties and protecting the public’s ban that person from doing so even if for an intelligence agency at some right to know. they have been retired less than a year. point in their career. There are lit- With the changes the Chair, Senator This provision also would have said erally thousands of employees at the FEINSTEIN, and the vice chair have ac- that retired officials who comment in Department of Defense, State, and Jus- cepted, I believe this legislation now

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.041 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8345 strikes the right balance. With both But each Senator has an equal vote. I do find it odd—think about this— sides working on an agreement to im- Each Senator has an equal responsi- that the President has not laid out a prove the intelligence authorization bility to represent their constituents. plan since the election over a month bill for 2013 by unanimous consent, it is So I am uneasy about this process. ago. He won the election. He said cer- my hope that legislation will be ap- So I will just say this: Nobody should tain things he wants to see in a plan, proved by unanimous consent shortly. criticize the House of Representatives higher taxes and more spending. In- I yield the floor. for not producing legislation last night deed, he had some spending cuts. He The PRESIDING OFFICER. The Sen- until they have passed their own pro- said: My plan cuts spending. But he has ator from Alabama. posal. The Senate has had just as much failed to note and acknowledge that THE FISCAL CLIFF time as the House to lay out a plan. the plan, as reportedly laid out by Sec- Mr. SESSIONS. Mr. President, Presi- Months ago the House laid out a 10- retary of Treasury Geithner in closed dent Obama made a statement within year budget plan that would put Amer- meetings, had far more spending in- the last hour or so. He called on Con- ica on a sound financial course. creases than spending cuts. So the gress to act to avoid the fiscal cliff. Everybody can have different views President’s proposal as laid out by Sec- We know last night the House was on it, but it is a comprehensive plan retary Geithner, on net, increases unable to bring forward a bill that that would start reducing our deficits spending. It increases spending, it does would deal with the fiscal cliff. Pre- and put us on a good long-term course. not reduce spending. viously, they passed a bill that would It has been complimented by people on It has some reductions of spending in have solved that problem and put us on both sides of the aisle. Meanwhile, the it, but spending increases overwhelm the right path, but they did not pass Senate has produced nothing. We have the spending reductions. So it is not another bill last night. gone 3 years without a budget. We have right, is it, for the President of the The Senate has not acted. There has not had a serious and broad debate United States to say: I have a plan to been a lot of criticism of the House, about the financial challenges of Amer- cut spending. He has been meeting in that the House failed to pass legisla- ica. Senator CONRAD had a number of secret with BOEHNER, so we have to tion last night. However, the Senate very important hearings with wit- base this on reports, but this is what it has passed no legislation. nesses 2 years ago in the Budget Com- appears to do. The President made a little speech mittee. We talked about the issues. No I believe Senator REID would serve this afternoon, and I take it as a seri- bill was brought forth in committee the President well if he called him up ous statement. But previously he made that was actually marked up. That was and said: Let’s get that fiscal cliff pro- a speech on his budget plan. It sounded a decision made by the Democratic posal over here and have your team good. It had a lot of things in it that leadership. They decided not to bring meet with my staff, and we will publish sounded good. I believe Congressman forth a budget. It was calculated. They it on Saturday. Congress can begin to look at it, and maybe we can beat this RYAN, the budget chairman in the never brought one forward despite the January 1 deadline and not go over the House, sent it to the Congressional fact the law requires one. The United cliff. That would be my suggestion as Budget Office and asked that they States Code requires a budget be to how we should proceed, and every score it. A score means they analyze brought up by April 1. They decided Senator should have as much time as how much taxes are going to be not to do so and would take the criti- possible to study it. It should be made raised—exactly how much—how much cism from people like me. They took available to the House because they spending is going to be increased or re- their lumps and never brought a budget would ultimately also be called on to duced, and then they lay out an anal- forward. vote on it. Everyone should see it as ysis, called a score, of what that pro- Now for 3 years, they never produced soon as possible. That is the way gov- posal actually will do. That is what a concurrent budget, but they have had ernment should be run. how we are supposed to consider budg- great fun attacking Congressman RYAN I have written an op-ed, printed in ets here. in the House, who passed a budget, a the Wall Street Journal and elsewhere, So they sent the President’s previous comprehensive, historic budget that that says America would really be bet- speech over to the Congressional Budg- would change the debt course of Amer- ter off had we used the legitimate com- et Office. The Congressional Budget Of- ica—never having produced anything. mittee process of the Senate to address fice said: You cannot score a speech. But we have had a number of speeches, this problem. The President can advo- Sorry. Well, you cannot score a speech. a lot of speeches, a lot of outlines, a lot cate for his views, the Republicans can We are about to come back in next of proposals and schemes and plans, advocate for their views, and the week. Maybe they will try to finish difficult to score, and never finally Democratic Senators can advocate for Thursday, maybe go into Friday. But reaching fruition so that they could ac- their views. We would actually have we do not need to have a serious mat- tually be considered by this body. votes, and some of them would be ter involving more than $1 trillion of So I guess what I would conclude tough votes, but we can begin to see the U.S. taxpayer’s money dropped on with is to say I am glad the President where we stand, where the votes are. the Senate next Thursday without us discussed the budget problem in a little If somebody wants to raise taxes and being able to read it and analyze it and speech this afternoon. He has an entire it gets voted down and somebody wants having it scored. We can’t be expected Treasury Department. He has a Direc- to cut taxes and it gets voted down— to rubberstamp it like the old Soviet tor at the Office and Management and those votes happen over a period of Politburo, the Duma, where leaders Budget overseeing hundreds of budget time, and the numbers are all out there would put out the word to the members experts. They have more than enough for everyone to see. At that point, it is they would all vote just like that, 445 capability to produce detailed financial much easier to tell your constituents: I to 5 or something like that. And they plans and make these plans public. He have truly fought for the things I be- called themselves a democracy. could make his detailed plan public lieve. We do not need that in the Senate. today. Presumably, he would not have Now, I think it is best for America We, each Senator, represent individual made a speech today if someone in the that we reach a compromise. That Americans, millions of them. They ex- OMB or the White House or the Treas- would be better than this process by pect us to know what we are voting on. ury Department had not approved the which the whole Senate sits while the Secret meetings and secret talks be- outline of his plan. At the very least, Speaker of the House and the President tween just the Speaker and the Presi- that outline ought to be placed in print of the United States meet to develop a dent is not a good process. I do not for everyone to see. plan that we are presumably expected know what is going on in these talks. I Senator REID should bring it up on to, like the old Communist Duma, rat- am the ranking member of the Budget the floor. It should be sent to the Con- ify at the eleventh hour without time Committee. I am just one Member of gressional Budget Office to be scored. to actually study it, with no real input. Congress who has a role in this process. It should be analyzed. They should do That is how this government, this Sen- Many others have a lot bigger role that long before the Senate meets next ate, was meant to work. than I have, but none of us know what Thursday. It should have been done a Mr. President, I yield the floor, and I is going on in these secret meetings. month ago. suggest the absence of a quorum.

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.042 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8346 CONGRESSIONAL RECORD — SENATE December 21, 2012 The PRESIDING OFFICER (Mr. fact that is has been 80 days since the for their basic nutrition. That, in sum- WYDEN). The clerk will call the roll. Farm Bill expired. That is 80 days that mary, is what the dairy cliff is all The legislative clerk proceeded to our farm families and small businesses about. call the roll. have been waiting and holding their Every 5 years for the last 60 years, The PRESIDING OFFICER. The ma- breath. This is artificially generating Congress has passed a Farm Bill. Never jority leader. untold uncertainty that is costing before has the Farm Bill expired like AMENDMENTS NOS. 3396 AND 3398 WITHDRAWN farmers, consumers and our entire this. And now on January 1 we will im- Mr. REID. Mr. President, I ask unan- economy in very real and highly unpre- plement market-distorting dairy policy imous consent that the following dictable ways. This not only is unprec- so old that 49 current members of the amendments be withdrawn: Nos. 3396 edented, it is legislative malpractice. Senate—including the Chairwoman of and 3398. It threatens great harm to the Nation the Senate Agriculture Committee— The PRESIDING OFFICER. Without and the American people. And it is were not even born when it was signed objection, it is so ordered. wrong. Yet the Nation, including into law by then-President Harry Tru- Vermont dairy farmers, incredibly man. f enough are now on the verge of plung- Market chaos will erupt if we do not MORNING BUSINESS ing over the dairy cliff. divert from this disastrous, reckless, By failing to even consider a Farm needless, man-made path. Chaos, from Mr. REID. Mr. President, I ask unan- Bill, the House leadership has driven us the fact that farmers will be pressed to imous consent that the Senate proceed straight to the edge of this dairy cliff increase production at this inflated to a period of morning business, with and now is refusing to turn the wheel price, and chaos as we see an influx of Senators allowed to speak for up to 10 or put a foot on the brake. This is a imported dairy products as processors minutes each. pointless and dangerous game of chick- in other countries would divert prod- The PRESIDING OFFICER. Without en, dragging all Americans along for ucts to the U.S. It is a rollercoaster of objection, it is so ordered. the ride. milk prices that, in the end, will ben- f On January 1—a mere 11 days from efit no one and hurt everyone. It is the now—the final shoe will drop when the THE ‘‘DAIRY CLIFF’’ kind of rollercoaster of dairy prices U.S. Department of Agriculture will be that the reforms we included in the Mr. LEAHY. Mr. President, I have required to implement what is known Farm Bill are designed to address. As spent time on the Senate floor this as ‘‘permanent law’’ for our Nation’s milk floods the market, the USDA will week talking about the emergency sup- dairy industry. The Secretary of Agri- have to buy even more milk to keep up. plemental appropriations bill to ad- culture and his staff have been—quite Economists at the USDA say that im- dress Hurricane Sandy. But today I re- literally—dusting off old paper files plementation of permanent law for mind the Congress of another impend- and mimeographed notes from the 1940s dairy would cost at least $12 to $15 bil- ing disaster. Unlike Sandy, but exactly and 50s to review the Agricultural Act lion per year. That does not include the like the fiscal cliff crisis, this is a man- of 1949. Without a new Farm Bill, on cost of storing these dairy products. made disaster that can and must be January 1 the Nation will be forced to The USDA may not have enough stor- averted by December 31. Unfortu- revert to the parity pricing that was age space, and once USDA fills every nately, this calamity has been artifi- part of that long-ago law that was warehouse at its storage facility in cially created and forced upon us by passed a few short years after the end Kansas City, it will have to bring the forces of stalemate and obstruction in of World War II. rest to Washington and fill every closet the House of Representatives. This dis- The House’s inaction on its own at the Department of Agriculture’s aster involves the Farm Bill and what version of the Farm Bill, and its ob- sprawling South Building with cheddar happens on the first of January if the struction of the Senate bill—a Senate cheese and powdered milk. House continues to hold the Senate- bill that saves taxpayers $23 billion— The effects of these purchases will re- passed Farm Bill hostage. will force the Secretary of Agriculture verberate throughout the economy, The American people have heard to implement a law from the middle of and time is running out. The cascade of again and again about the fiscal cliff. the last century. This archaic law will damage will be felt by our farmers, our Today, once again, I am talking about force the Federal Government to spend food processors, our grocery stores, and the ‘‘dairy cliff’’ that awaits us if the billions of dollars to buy and store by American consumers and taxpayers. House continues to block action on the dairy products to help raise the price of It will also be felt by the 16 million Farm Bill. A full six months have fluid milk for dairy farmers. The Sec- Americans with jobs in agriculture. All passed since the Senate approved a retary will have to keep spending until at a time when they can least afford it. strong Farm Bill with bipartisan sup- he is able to raise the price of fluid Farmers in Vermont are very con- port. We came together in the Senate milk by 60 or 70 percent. This is point- cerned that we are headed over this and passed a 5-year Farm Bill that con- less and wasteful Federal spending. dairy cliff, and inaction on the Farm tains some of the most significant re- And it is even worse than that. Taking Bill has left the Nation’s dairy farmers forms in agricultural policy in a gen- those products off the market will with no safety net, since the Milk In- eration, while providing $23 billion in drive up consumer prices—prices that come Loss Contract Program expired real deficit reduction. struggling families must pay, from on September 30. After we passed the Senate Farm coast to coast, just to put food on the The House of Representatives is not Bill, the House Agriculture Committee table—as early as next month. And giving our farmers, and especially our held a markup of their bill in July and that’s not the end of this needless dairy farmers, a fair deal. We have been passed a bipartisan bill out of Com- waste. The Department of Agriculture sent here to do a job, and it is not ask- mittee. Regrettably, that is where then will have to pay still more tax- ing too much that Congress pass a five their work ended. The leadership in the payers’ dollars to store all of these year Farm Bill, and on time. We heard House has refused to even bring their dairy products. Senator STABENOW speaking earlier bill to the floor for debate, something So rather than pass the Senate Farm this week about the agricultural dis- that has not happened in the past 50 Bill that saves $23 billion, the House is aster programs that have expired, in a years. choosing to put the Secretary of Agri- year when we have experienced record Inaction by the House caused the culture on a path to having to spend droughts, terrible freezes, and then his- Farm Bill to expire on September 30, billions of dollars on dairy products, toric damage to farms as Hurricane terminating authorizations for a long paying to store those products, and Sandy stormed through the Garden list of important programs that benefit driving the price of milk through the State. farmers, rural communities, con- ceiling for consumers. This is not even Also at stake are eight important en- sumers, and the 16 million Americans to mention the effects this could have ergy programs that have expired and whose jobs depend on agriculture. on world prices and the harm it will programs to support America’s organic Chairwoman STABENOW was on the cause for the vulnerable millions farmers, specialty crop producers and floor earlier this week to point out the worldwide who rely on dairy products beginning farmers. Close to my heart

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.044 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8347 as well are the vital international food would joke, ‘‘I’m not going to the Fed- As we have gathered to honor him assistance programs that serve as a eral prison in Lompoc for anybody.’’ over the past 2 days here in Wash- core component of U.S. efforts to fight Despite Marge’s many responsibil- ington and will continue to gather over global hunger. These have expired as ities, she never forgot a single assign- this weekend in Hawaii, to thank him, well. ment. No matter what task was as- and to say a final farewell, we will be In all, there are 37 programs that signed to her, she would see it through a Congress united. Not conservatives or have expired, for absolutely no reason. to its successful completion. Marge liberals, Democrats or Republicans, 99 Inaction on the Farm Bill by the House never had a sick day until her recent percent or 1 percent. We stand together of Representatives is the perfect exam- health battles. And even during that just as Danny saw us all: as Americans. ple of gridlock in Washington that so difficult time, she worked from home Danny was a friend. Quick with a frustrates the American people. It and always staying abreast of all office word of advice or encouragement, loyal threatens our economy. It threatens business. to his friends and colleagues on both farmers. It harms the most vulnerable Marge has a wonderful, engaging sides of the aisle, in Danny’s passing among us. And it is entirely pointless sense of humor and accompanied with a we lost a man who could bridge any di- and avoidable. memorable laugh. She would pick out vide. We lost a man who led in his pla- For all their talk of cutting Federal quirks among staff and with good na- toon, in his caucus, and in his beloved spending and reducing the cost of enti- ture poke fun at them. She also knew home State of Hawaii. tlements, House leaders and the ob- every member of my security detail by Danny will be missed by this body structive caucus to which they are ca- name and would charm them during and by his friends on both sides of the tering, by blocking the Farm Bill are their State visits. To her, everyone aisle. But it is my hope his spirit will poised—by themselves—to increase the was, ‘‘Jose’’ or ‘‘Lucille.’’ She would al- remain with us, and help ensure that Federal deficit by at least $12 to $15 bil- ways say, ‘‘Ok, Jose’’ or ‘‘Here’s the the next generation of heroes has the lion in 2013 alone. Let me say that deal, Lucille.’’ same freedoms he held so dear. We will again: these obstructionists in the Marge was not only a leader in my never stop fighting to protect them, House are threatening to drive up the office, but a woman of great faith and Danny. Mahalo and Aloha. deficit by $12 to $15 billion. While stall- strength at home. She was born in ing and delaying work on the Farm Santa Fe, NM, but grew up in the San f Bill, saying they want further, draco- Francisco area, which explains her ado- TRIBUTES TO DEPARTING nian cuts in food assistance for the ration for the San Francisco Giants SENATORS families across this land who are strug- and 49ers. She was married to her hus- gling the most, House leaders are about band John Van Hoove for 33 years, and JOE LIEBERMAN to drive us over this dairy cliff and ex- they raised two sons John Jr. and Mr. LEVIN. Mr. President, in a few ponentially increase government Steve. Marge is a proud grandmother of days, the Senate will no longer benefit spending, hit consumers hard, and de- three grandchildren. from the service of a member who has stroy the fragile economic gains we Marge’s departure into retirement left an indelible mark on national se- have made. This is not what the Amer- leaves behind a void, but I know that curity policy and on the Senate. Sen- ican people and our farmers deserve. she has instilled many of her strong ator JOE LIEBERMAN has been my col- Let’s do what is right and pass the Sen- values and tireless work ethic into the league and friend for more than two ate Farm Bill into law—without fur- staff she trained. Marge’s country decades. We have shared triumphs and ther delay and without the political western music and cowgirl boots will challenges, agreed and disagreed with posturing. be out of sight, but she will not be out one another, and each of us has served as a member of a committee the other f of the minds of those she worked with. Landra and I will miss our forever chaired. TRIBUTE TO MARGE VAN HOOVE friend, Marge, and extend to her our One challenge we have shared is the Mr. REID. Mr. President, I rise to heartfelt love. need to strengthen our nation’s manu- recognize with great appreciation one REMEMBERING DANIEL K. INOUYE facturing sector, the economic back- of my longest-serving and loyal staff- Mr. SCHUMER. Mr. President, I rise bone of our two states and indeed of ers, Marge Van Hoove. It is hard to today to say goodbye to my friend, the nation. Senator LIEBERMAN has imagine that this day would come, but Senator Daniel K. Inouye. This week in served as chairman of the Senate Man- she has earned a restful retirement the Senate, we lost a colleague, a men- ufacturing Caucus, which has bene- from public service. tor, and a compass, and what is more fitted greatly from his energy and lead- In January 1987, I had just been elect- our country lost one of the greatest he- ership. He has been a dedicated sup- ed to serve my first term in the U.S. roes of the ‘‘Greatest Generation’’. porter of the Manufacturing Extension Senate, when Marge asked to work We are a Nation that still holds its Partnership, which helps U.S. manufac- with me. Even before this meeting, she heroes dear, and that is why it is so turers strengthen and grow in the face had been involved in my prior cam- hard to say goodbye to Danny. of international competition. In this paigns. Marge’s 25 years of service in I can think of no place more fitting work, Senator LIEBERMAN has been an my Las Vegas office unlocks many to say one last ‘‘Aloha’’ than at the ally of Michigan working families. wonderful memories. very center of this Nation’s Capitol Of course, Senator LIEBERMAN and I Marge has always been the first to Building as Danny rested under the have worked together on the Armed arrive and last to leave. She never Dome yesterday, which is the symbol Services Committee, where he has been missed a deadline and was always of freedom to the entire world and the an active, thoughtful, principled and ready with her quick wit. One night, I very freedom he gave so much of him- energetic member and subcommittee phoned the office and asked her why self to protect. chairman. Senator LIEBERMAN joined she was there so late. She responded, And protect it he did. Danny stood up the committee in 1993, and from the ‘‘Because you are calling me so late.’’ and fought the racial stereotypes that start, he made an impact. He was the Her unyielding dedication to give each would have kept Japanese Americans author of what came to be known as task her best is exemplary. from joining their friends and brothers the Lieberman Amendment to the Na- Ms. Van Hoove was the matriarch of in World War II. His service in France tional Defense Authorization Act for my Las Vegas office. She trained staff- and Italy, including his heroic battle in Fiscal Year 1997, directing the Depart- ers and made sure the office ran prop- Tuscany which earned him our highest ment of Defense to conduct a Quadren- erly. As the manager of the front desk military honor, helped fight the spread nial Defense Review. This review has and scheduling, she saw the process of evil and hate and religious persecu- become an integral part of our nation’s evolve from a pen and paper operation tion. In Congress, Danny kept a con- defense planning, encouraging the Pen- to the modern electronic process that stant vigil in the service of the people tagon, Congress and all who contribute exists today. She also made sure the of- of Hawaii, making sure our 50th State to defense strategy to confront tough fice maintained the highest level of in- was as well represented as any of the questions about strategy, capabilities tegrity and ethical standards. She original 13. and resources.

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.046 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8348 CONGRESSIONAL RECORD — SENATE December 21, 2012 Over several years as chairman or generation reforms, and Senator LIE- I was also fortunate to serve with her ranking member of the Airland Sub- BERMAN was tireless in his advocacy for on the Armed Service Committee, committee, Senator LIEBERMAN has them. where she served as Chair of the played an influential role in oversight In these and so many other ways, Seapower Subcommittee. She was a of important modernization programs. Senator LIEBERMAN leaves an impor- strong advocate for the men and His constant attention and leadership tant and lasting legacy as he prepares women of the Navy and Marine Corps, has helped the Army push through the to leave the Senate. He is a trust- and worked diligently to ensure that challenges of acquiring and fielding the worthy confidant and I shall miss him. the Department of the Navy had the truly networked tactical force our na- Barbara and I wish JOE and Hadassah people and hardware the Navy needs to tion needs, and of modernizing its heli- every happiness as they embark on defend our nation’s interests. copter force. He has provided close their next adventure together. On these and other issues, Senator oversight of aircraft programs such as OLYMPIA SNOWE SNOWE has worked across party lines the F/A–18E and F, F–22, F–35 Joint Mr. President, it is an unfortunate for the good of her constituents and Strike Fighter and the new KC–46 aer- reality that the number of people in our nation. But I can think of no issue ial refueling tanker. Washington working for bipartisan so- that better demonstrates her ability to Of course, the committee has grap- lutions is significantly smaller than reach beyond partisan interest than pled with a number of difficult policy the number of people claiming to do so one of the most controversial issues of questions over the last two decades, or proclaiming the need to do so. Near- our time together here: the Iraq war. from the need to repeal ‘‘don’t ask, ly everyone seeks the ‘‘bipartisan’’ I worked with Senator SNOWE and a don’t tell’’ to the conduct of the wars label; fewer wear it comfortably or bipartisan group of senators who be- in Afghanistan and Iraq. Senator LIE- practice bipartisanship regularly. lieved the status quo in Iraq was no BERMAN was the original sponsor of the That is one reason I am sad to see longer acceptable and who worked to- legislation that repealed ‘‘don’t ask, OLYMPIA SNOWE leave the Senate. Over gether to chart a new course. don’t tell’’ and he played an important three terms, Senator SNOWE has rep- We joined together to advance our role in shepherding this legislation resented the people of Maine with in- collective view that the primary pur- through the Armed Services Com- telligence and, yes, moderation. Here’s pose of United States strategy in Iraq mittee and the Senate. Whether one how Time magazine put it in 2006, in should be to pressure the Iraqi political agrees or disagrees with Senator LIE- naming Senator SNOWE one of the na- leadership to make the compromises BERMAN on these issues, it’s impossible tion’s 10 best senators: ‘‘Because of her necessary to end the violence in Iraq to doubt his thoughtfulness and his centrist views and eagerness to get be- while accelerating the training of Iraqi dedication to finding the right solu- yond partisan point scoring, Maine Re- troops to take responsibility for their tions for our nation. publican OLYMPIA SNOWE is in the cen- own security. Senator LIEBERMAN is my chairman ter of every policy debate in Wash- We made clear that the open-ended on the Homeland Security and Govern- ington.’’ And I’ve been lucky to ob- commitment of U.S. forces to Iraq was ment Affairs Committee. I’m privileged serve her work in those debates. over, thereby undermining the al to chair that committee’s Permanent Start with her work on the Senate Qaeda narrative that we were there as Subcommittee on Investigations, Small Business and Entrepreneurship occupiers and signaling to the people where a small but incredibly talented Committee, where she has served both and Government of Iraq that the time and dedicated staff has made immense as chairman and ranking member. As a for political reconciliation had come. contributions to consumer protections, member of the committee, I have ap- As Senator SNOWE rightly pointed government oversight and our defenses preciated her dedicated advocacy for out at the time, ‘‘The Iraq government against financial wrongdoing. I am small business. She has worked hard to needs to understand that our commit- deeply grateful for Senator LIEBER- support SBA’s Microloan program and ment is not infinite. Americans are los- MAN’s support for our subcommittee’s programs for women owned businesses. ing patience with the failure of the work. She has helped improve SBA’s trade leadership in Baghdad to end the sec- We also have worked closely on the and export finance programs; elevated tarian violence and move toward na- committee’s efforts to protect Ameri- the SBAs Office of International Trade tional reconciliation.’’ She continued, cans from potentially catastrophic re- and add export finance specialists to ‘‘It is imperative that Congress under- leases from chemical facilities. I was a the SBA’s trade and counseling pro- stands the importance of placing the co-sponsor on legislation he authored grams; and established the State Ex- future of Iraq’s independence in the with Senator COLLINS to address that port Promotion Grant Program, de- hands of those who should want it threat, and I am thankful for his lead- signed to increase the number of small most—the Iraqi people and their gov- ership in putting in place these vital businesses that export goods and serv- ernment.’’ protective standards. Senator LIEBER- ices. As members of the Senate Select MAN’s work has also included badly Senator SNOWE also has been an en- Committee on Intelligence, Senator needed reform of the Federal Emer- thusiastic supporter of our nation’s SNOWE and I also worked as part of the gency Management Agency in the wake manufacturers. As a former co-chair of Committee’s effort to investigate the of the Hurricane Katrina disaster; im- the Senate Task Force on Manufac- misuse of pre-war Iraq intelligence by proving our cybersecurity protections; turing, she has worked to strengthen policymakers. and improving our defenses against dis- programs such as the Manufacturing Senator SNOWE’s support for the in- ease pandemics. Extension Partnership, which helps vestigation and its findings, in the face The Homeland Security and Govern- American manufacturers research and of strong criticism from some in her mental Affairs Committee is also develop new technologies, increase effi- own party, was important to bring where Senator LIEBERMAN has accom- ciency, improve supply chains and out- transparency to the decision to go to plished what is likely his most lasting innovate our overseas competitors. war in Iraq and will help to ensure the work: reform of our homeland security American workers from Maine to American public is not similarly mis- and intelligence communities in the Michigan and beyond are better off for led in the future. wake of the 2001 terrorist attacks. her support of this vital sector of the Senator SNOWE recently took another Reforms of this scope by necessity American economy. principled stand, in what will likely be have many authors, but certainly Sen- Beyond manufacturing, our states her last vote as a member of the Intel- ator LIEBERMAN’s role was at the fore- are linked in another way: the histor- ligence Committee, when she was the front. His leadership was instrumental ical lighthouses that dot our shores. I only Republican member to vote to in passage of legislation creating the was pleased that Senator SNOWE joined adopt the Committee’s report on the Department of Homeland Security, and me in offering the National Lighthouse CIA’s Detention and Interrogation Pro- in achieving vital reforms to the struc- Stewardship Act, which would help gram. That report definitively shows ture and practices of our intelligence local governments or nonprofit groups that torture is not effective in eliciting agencies in the wake of the 9–11 at- preserve these prized structures for the intelligence and will hopefully signifi- tacks. These were sweeping, once-in-a- appreciation of generations to follow. cantly influence how our nation deals

VerDate Mar 15 2010 04:13 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.008 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8349 with the detention and interrogation of tion to servicemembers and their fami- good work he has done on a number of those we capture in the future. lies. issues has had an impact that will con- OLYMPIA SNOWE’s service has been of DANIEL AKAKA tinue to be felt for many years to enormous benefit to the people of her Mr. President, now that the 112th come. state. She is rightly respected in this Congress will soon be coming to a Thank you, DANNY, for your service chamber, and around this country, as a close, the Senate will be able to take a both here in the Senate and in our leader who has not just talked a good moment to acknowledge and express armed forces. You can be very proud of game when it comes to bipartisanship, our appreciation to those members who all you have achieved. You have rep- but has followed words with action, will be retiring when the gavel brings resented your State very well. Thank often at the cost of no little political an end to the current session. One you most of all for your friendship and discomfort for her. To the very end of member who has had a great impact on for sharing your faith and the impact her tenure here, she has fought, as she so many of us on a personal basis is it has had on your life. You will be put it just last week on this, ‘‘to return DANIEL AKAKA. missed and not just by those of us in this institution to its highest calling of DANNY, as I have come to know him, the Senate who have enjoyed having a governing through consensus.’’ has been one of the strongest and most chance to come to know you. You have I want to thank her for the many loyal parts of our Senate Prayer been a great friend to our Nation’s vet- ways in which she has supported pro- Breakfast. That regular gathering that erans, too, and they will always re- grams important to Michigan, and for many of us attend gives us an oppor- member your commitment to them. the thoughtful approach she has tunity to come together to share our SCOTT BROWN brought to the many challenges we faith and discuss the difference it has Mr. President, now that the 112th have faced together. As she returns to made in our daily lives. Congress is coming to a close, the Sen- Maine, I wish OLYMPIA and Jock every No one has played a more important ate will have an opportunity to ac- success in whatever endeavors may role in those weekly meetings than knowledge the efforts of those Senators come. And I hope we can take to heart DANNY. His faith has brought him who will be returning home at the end Senator SNOWE’s wise words as we seek through some very difficult situations of this session of the Senate. One Sen- to answer the challenges before us. in his life and it has also helped him to ator I know I will miss in the days to SCOTT BROWN pursue policies and programs that have come is Senator SCOTT BROWN. Mr. President, I want to give my made a difference in more lives than Looking back it is hard to believe thanks to Senator SCOTT BROWN, who we will ever know. that SCOTT has only been a member of leaves the Senate at the end of this ses- When DANNY was in the House he was the Senate for about 3 years. He has sion. I have not had the privilege of the song leader. His understanding of had an impact on our day to day delib- working with Senator BROWN for as the importance of music helped him to erations over those years that far out- long as I have worked with many of the better express his faith. He led our weighs the time he has been a Member other Senators who are concluding singing of our hymns by providing us of the Senate. That speaks volumes their service here. But I am grateful with the history of each song as he ex- about his ability to make the best use for his work as a member of the Armed plained the meaning of the words that of his resources so that he could have Services Committee, and for his sup- were used to bring its message to life. an impact on those issues that concern port for some of the important reforms His faith also showed itself with his the people of his home state. that helped put a cop back on the beat work on a sailing ship that helped to When SCOTT was elected to the Sen- on Wall Street. bring missionaries around the Pacific ate he became the first Republican SCOTT’s road to the Senate was not to share their faith with those who Senator from Massachusetts to have easy. Like all too many American chil- might otherwise have never heard such made it here in more than 30 years. For dren, he was the victim of abuse by stories. me, that is proof of the kind of can- those who were obligated to care for DANNY is a veteran of World War II. didate SCOTT was and the effectiveness him. Senator BROWN overcame great His experience during the war gave him of the campaign he ran. odds to become a United States Sen- an understanding of the sacrifices our His success in what was a very dif- ator—odds that had little to do with veterans made during their service and ficult race proved that SCOTT is a nat- politics. He is an example of our power the importance of ensuring that we as ural politician. He has a remarkable to achieve despite great challenges, a nation take good care of them and ability to grasp the core of the issues and we can all learn from that exam- address their medical needs. before the Senate and determine their ple. That is why one of DANNY’s great ac- possible impact on the people back Senator BROWN was one of a handful complishments here in the Senate has home. He understands the people back of members who crossed party lines to been his efforts on behalf of his fellow home and he knows how they think and support the Dodd-Frank Act, which veterans. Whenever an important bill how they feel about the issues before provided vital reforms of the financial was taken up and passed, DANNY imme- the Senate. Equally important, SCOTT sector in order to help prevent a repeat diately got to work, trying to deter- is able to explain those issues in sim- of the financial crisis that crippled our mine the impact each bill would have ple, easily understood statements that economy. He and I disagreed on several on our veterans and how any negative stick in the minds of the people who important provisions of the act, and we impacts could be addressed and re- hear him. He has a way with words disagree in many ways on how it can versed. Just as we owe our veterans a that helps to win people over. best be implemented. But his vote was great debt of gratitude for their serv- When SCOTT came to the Senate peo- very important to its passage. ice, veterans everywhere have a special ple were not sure what to expect. Was As a servicemember for more than place in their hearts for everything he going to tend to follow one Party or three decades, including a deployment DANNY has done over the years to pro- the other exclusively? No. SCOTT took to Afghanistan, Senator BROWN has tect and preserve the benefits they up each issue individually, measuring brought a valuable perspective to the have earned with their service. them all with the yardstick of his prin- Armed Services Committee. He has In addition to his great faith and his ciples and his determination to be an spoken eloquently of the need to honor concern for our Nation’s veterans, effective representative of the people of our Nation’s solemn obligation to our DANNY also brought to the Senate his Massachusetts who sent him to Wash- troops, our veterans and our families. love of Hawaii and its great culture ington. It was not going to be easy, but He has advocated for the National and history. It was a gift he shared SCOTT proved himself to be well up to Guard and supported significant policy with us over the years that increased the task. changes that are important for our our awareness of Hawaii’s past and the As soon as he arrived, SCOTT found servicemembers, such as supporting great traditions of his home State. himself in the thick of a number of leg- victims of rape or incest and repeal of Through the years DANNY has made a islative battles. He took on each issue ‘‘don’t ask, don’t tell.’’ I thank him for reputation for himself here in the Sen- carefully and thoughtfully which thor- his contributions to the committee’s ate as a careful, thoughtful legislator oughly confused all those who thought important work in fulfilling its obliga- who works quietly but effectively. The they had SCOTT all figured out. SCOTT

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.009 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8350 CONGRESSIONAL RECORD — SENATE December 21, 2012 proved to be an independent individual One thing everyone who has spent could help to teach people all across who was determined to do everything some time with JON knows about him the Nation what it means to be a cit- he could to make a difference in Massa- is his great love for NASCAR. In fact it izen. He could also help to ensure that chusetts and in Washington. He soon is more than just an appreciation—I our government responds more fully proved he was able to do all of that and don’t think there are many who under- and substantively to the needs of the so much more. stand it with the depth that he does. people of our Nation. I think that is For 3 years, SCOTT has been an im- He not only knows the stats, but he has what most interests him about the portant addition to the day to day life a great feel for how each race played Heritage Foundation—the knowledge of the Senate. I have no doubt we have out, the strategy that was employed that it will be another opportunity and not heard that last from him. He only and the significance of the results. The provide him with a different platform needs to take a moment to see what he way he describes ‘‘how the game is from which he can continue to have an is interested in taking on in the next played,’’ the rules, and the key players impact on those issues that mean so chapter of his life. He has a wealth of in every race is enough to get anyone very much to him. talent and ability and more impor- interested in attending the next event. Over the years I have come to know tantly, he genuinely cares about the NASCAR ought to make him their am- JIM as he has taken his place as one of future of our Nation and all of the peo- bassador. He would increase interest in a very few who have been known as the ple who make up his home State and it right away. He had done a lot to conscience of the Senate. He is an indi- our Nation. There is a lot of oppor- make me a fan, too! vidual of strong principles and core tunity out there for SCOTT and I know Politically, JON is a staunch conserv- values and he brings his sense of direc- he will take full advantage of it. ative. In fact, I am sure if you look up Thanks, SCOTT, for your service. tion to the work of the Senate every ‘‘staunch conservative’’ in a reference Thanks for working so hard to get day. book it will refer you to their article here, and once you did, thank you for As I have watched him in action, I about JON. JON’s great talent makes never doubting in your ability to make have seen his ability to bring our at- him the perfect example of what a con- a difference. You have helped to make tention both carefully and forcefully to changes both here and back home in servative is, and his knowledge serves the flaws in the legislative matters we more ways than you will ever know. to highlight the positions and issues had taken up for deliberations. In ev- Thank you, too, for your friendship. that are important to all conserv- erything we did, JIM would take a close For 3 years you have been a strong and atives. look at the wording of each clause and Something else that we have all powerful advocate for the future of every proposed amendment and make come to know and appreciate about Massachusetts and you can be very it clear to us the reasons why he be- JON is the strength of his faith and his proud of all you have achieved during lieved something needed to be changed. belief in the importance of the family. your time in the Senate. Then as we began our debate, he would One of his first considerations when we JON KYL then present his points with greater took up any legislation was how will Mr. President, it is a tradition in the clarity and substance as he made clear this affect our Nation’s families? It was Senate to take a moment at the end of his strong opposition to or support for that important to him. I can not imag- the session to express our appreciation the issue that was before us. ine a better starting point for our dis- for the service of those Senators who His views on how the Senate func- cussions and deliberations. will be retiring at the end of the year. tions and how we could make it more Thank you, JON, for your willingness This year it seems that we have quite effective and more efficient are clearly to serve. You have made a difference in a few retiring Senators who will be presented and strongly espoused in his more ways than you will ever know. In greatly missed because of the impor- books. I have no doubt that JIM’s books the months to come, I will miss seeing tant role they have played in our lead- could change the Senate if we could get you around the Capitol building. I will ership on both sides of the aisle. Such every one of our colleagues to read also miss having the benefit of your ad- a Senator is JON KYL. I know we will them, consider them and then put some vice and counsel—though I intend to miss him, his willingness to work with of his ideas into practice. keep your number handy. What I will all of his colleagues, and his under- Thank you, JIM, for your willingness miss the most, however, is your friend- standing of the issues and the need for to serve and for all you have helped us ship. Keep in touch with us. We will al- us to come together to address them. to accomplish during your time in the ways appreciate hearing from you. JON KYL may very well be one of the Senate. You have presented us with JIM DEMINT smartest individuals I have ever met. some strong, bold ideas about our fu- Mr. President, one of our traditions More importantly, he is not just highly ture as a nation and I have no doubt here in the Senate is to take a moment intelligent, he also has an abundance of they will continue to have an impact as the current session of Congress wisdom. That means he not only knows on the Senate for a long time to come. draws to a close to acknowledge and what is right—he does it! Putting Thanks for sharing them with us. express our appreciation for the service knowledge into action is always the The new adventure you will now of all those members who will be leav- toughest part of the equation. begin with the Heritage Foundation ing when the gavel brings to a close the Here in the Senate, JON has taken on sounds like a challenge you will fully 112th session of Congress. I know we a combination of assignments that enjoy. I know we will continue to hear will miss them all—especially those most members would have found im- from you in your new post and we are like JIM DEMINT who have played such possible. JON not only served as our looking forward to it. You have an im- an important role in the work we do Party ‘‘Whip’’, but he also helped to di- portant viewpoint to bring to our delib- every day in committee and on the rect our efforts with his great under- erations and it would be missed if you standing of the many details that form floor. didn’t continue to make your thoughts such an important part of every issue I know I wasn’t the only one who was and concerns known. We will be watch- we take up in the Senate. surprised to learn that JIM DEMINT was ing and listening for your comments JON has been such a great asset for leaving the Senate to become the presi- our party because his focus is on the dent of the Heritage Foundation. It is a and suggestions in the days to come. details of every issue that comes before great opportunity for him, and I know Good luck and keep in touch! the Senate. That is why, more often he will make the most of it in the HERB KOHL than not, when a complex matter is up years to come. We will miss him, Mr. President, now that the 112th for our consideration, many of us want though, because in a short time he had Congress is coming to a close, we have to know what JON thinks and what his become an important voice in the Sen- an opportunity to acknowledge and ex- recommendation would be. His insights ate for the issues that meant a great press our appreciation for the service have always been an important part of deal to him. of our fellow Senators who will be re- many of his colleagues’ consideration Looking back, I have no doubt that tiring at the end of the year. HERB of what each of us should do to further JIM learned at an early age that the KOHL, one of those who will be return- the interests of the people of our home law is a great teacher and by coming to ing home when the gavel brings to a States. Washington to help draft our laws he close the current session of Congress,

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.037 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8351 will be missed, for he has been very ac- him time after time so he could keep Thanks, BEN, for your service and for tive and involved in the day-to-day doing such a good job of representing your determination to make the posi- work of the Senate for many years. them. HERB has compiled an important tion of your constituents known here My first contact with HERB came record that he should be proud of be- in Washington. You have made a dif- about when I found out that he had a cause it reflects his commitment to ference in many ways and you can be ranch in Wyoming. I shouldn’t have the future of his home State and our very proud of your legacy of service. been surprised. As I have had a chance Nation. Thanks, too, for your friendship. I have to come to know him, it seemed pretty BEN NELSON enjoyed coming to know you. Whatever clear that he had a lot of Wyoming in Mr. President, at the end of each ses- you have planned for the future, I hope him. He is a gentleman and a gentle sion of Congress, as is our tradition, we you continue to enjoy the great adven- man in every sense of those words. He take a moment to express our apprecia- ture of your life. says what he means and he means what tion and acknowledge the many con- JIM WEBB he says. For him, those words aren’t tributions each retiring Senator has Mr. President, as we have all learned, cliche´s, they are an indication of the made to the day-to-day work of the it doesn’t always take a lifetime of way he lives his life. Senate. We will miss them when the service to make a difference, especially I know I am not the only one who gavel brings to a close the 112th Con- here in the Senate. JIM WEBB is one of thought that about HERB. That is why gress—especially Senators like BEN those unique individuals who had an he has a well-earned reputation for NELSON who have made an important impact here although he only served being a calm, thoughtful legislator. He difference during their service. for one term before deciding to retire. has a knack for taking on a problem, Since he is from Nebraska, BEN is a I know I will miss him and his great giving it his full attention, and then neighbor to my home State of Wyo- support for our Nation’s military and working with members on both sides of ming and he understands more than his heartfelt concern for our Nation’s the aisle to develop a workable solu- most the inherent problems and chal- veterans. tion to solve it. That is why he has lenges faced by rural America. The peo- As I have had the opportunity to been so successful on a number of ple of Wyoming, Nebraska and the come to know JIM a little better, it is issues. West have taken on a rugged way of clear that he is a man of strong convic- HERB’s ability to patiently pursue an life and it shows itself in their inde- tions. As we say in the West, he is agenda, and then focus on a solution pendence, their unique spirit and their someone who means what he says and that would receive the support nec- great love of their community and says what he means. He walks his talk. essary to pass, has been a hallmark of their country. When he first arrived in Washington his service. Never one to seek out pub- BEN’s upbringing and his ties to his he made it clear he wasn’t going to be lic attention for his efforts, he has been State of Nebraska gave him an impor- someone who could be taken for grant- rewarded with something far more im- tant understanding of the issues that ed, especially when it came to those portant the knowledge that he has surround our rural way of life. He took things in which he strongly believed. done a good job. His commitment to an active role in the Senate’s work on He put his home State of Virginia first the future of his home State and our agriculture and energy issues because and he was going to work hard to en- Nation has made it possible for him to he understands how great a concern sure that the concerns of the people have an impact on several issues of they are back home. back home were heard—and heard great importance to people from every BEN learned at an early age that he clearly—whenever an issue was taken corner of the United States. could make a difference if he worked up that was going to have an impact on HERB has been such a successful leg- hard and dedicated himself to the peo- them. islator in part because of his small ple of his State. It was a plan of action A Vietnam veteran himself, he had a business background. He understands he put into everything he has ever done great interest in national security better than most the important role in life. issues. His determination to make a our businesses play in our local, State It helped him to make a successful difference in that area became very and national economies. He is a man of run for governor, after which he de- clear right from the start. Serving on vision who put his great talents into cided to run for the Senate. He knew it the Veterans’ Affairs Committee he action when he helped to take the fam- wouldn’t be easy, and it wasn’t, but worked very hard to ensure that our ily business to the next level. His suc- when the votes were counted he had veterans were able to access the bene- cess in that effort helped to put him on won an important Senate seat and was fits they had earned with their service. a path that made it possible for him to headed here to represent his beloved JIM is a good writer and he has sev- do some things that a lot of us only home State. eral books to his credit. They have re- dream about. Soon after he began his Senate career ceived a great deal of notice and one of One of those great dreams he was he cast a vote to lower everyone’s his stories has been made into a movie. able to make come true was his owner- taxes. That took courage. In the years I know I join with many of my col- ship of a professional sports team, the since then, he has shown that he has a leagues in wishing him all the best as Milwaukee Bucks. There had been lot of that important quality in abun- he returns to Virginia. I don’t know some speculation that the team might dance. what his next great adventure will be, be bought and moved out of Mil- Since we are neighbors and share an but I do know his skills and talents waukee. HERB made sure that wouldn’t appreciation and understanding of will provide him with a number of op- happen. He bought the team and kept rural America and our unique way of portunities to choose from in which he them in Milwaukee, and the people of life, it shouldn’t come as a surprise can continue to play an active part in Wisconsin appreciated his efforts to that we have a great deal in common. his State. keep the home team—at home. We both love our great outdoors and Thank you, JIM, for your willingness None of that would have been pos- there are places in Nebraska that are to serve—not only here in the Senate sible if not for HERB’s ability to orga- almost as beautiful as Wyoming. but in our Nation’s military. The rec- nize his time so that he could make the We both love to hunt, and BEN has ognition you earned with your efforts best use of that precious commodity. had some very interesting opportuni- will continue to inspire others. Because That has been one of his greatest as- ties to pursue his hobby all over the of you our Nation’s veterans have had sets in the Senate, too. Back home, his world. My hunting has all taken place a champion in committee and a warrior constituents know that he is a in Wyoming. Because of our love of on the Senate floor who did everything thoughtful person who is interested in hunting and my great affection for you possibly could to ensure our vet- them and is always on the watch for fishing, BEN and I co-chaired the erans would never have to settle for those things he can do as their Senator Sportsmen’s Caucus. We have also anything less than the best. They have to make their day-to-day lives better. worked together on a number of issues earned that and so much more with His constituents have greatly appre- related to the great outdoors. They are their service, their many sacrifices on ciated his work in Washington on their matters that mean a lot to us and to our behalf and their unsurpassed love behalf, and that is why they returned our constituents back home. for our country.

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.049 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8352 CONGRESSIONAL RECORD — SENATE December 21, 2012 JEFF BINGAMAN that not only made sense to our fellow been held, and the Senate is winding Mr. President, at the close of each Senators, but were also able to obtain down its current session, I appreciate session of Congress, the Senate has tra- the support they needed to be consid- having this opportunity to express my ditionally taken a moment to express ered and passed by the Senate. great appreciation to those Senators our appreciation for the service those That would have never been possible who have had a great impact on me and who are retiring have provided to the if not for one of JEFF’s great gifts—his our work together in the Senate. Such people of their home State and our Na- ability to find common ground in the an individual is KAY BAILEY tion. It gives us an opportunity to ac- midst of some sharp disagreements. He HUTCHISON, who has had a remarkable knowledge the contributions that knows how to take the views of all con- career as the Senator from the great every Senator makes to the day to day cerned into account and then develop a State of Texas. operations of the Congress and the plan of action taking a variety of view- Senator HUTCHISON and I go back work they have been a part of as we points into consideration. Somehow he quite a way—in fact, we go back to the have worked together to craft the laws had a knack for finding a way to make days before I was elected to the Senate. that govern the Nation. it all work. That was when I had just beat the odds Over the years I have learned a great None of that should have surprised and managed to receive the nomination deal about how the Senate works and us. After all, JEFF has one credential of my party to the Senate. A great part how to be an effective representative on his resume that not everyone has of the reason for my success had to do the persistence and determination to for the people of my home State from with the support I received from my acquire. JEFF was active in Boy Scouts one of the best, JEFF BINGAMAN. He has family and the enthusiasm we put into at a young age and with a lot of hard compiled quite a record that he can be everything we did that year. It really work and determined effort, he was very proud of, and he has done it quiet- had an impact throughout the State ly, almost behind the scenes as he has able to reach the rank of Eagle. Some people might be surprised that during the primary season. Now that shown himself to be ‘‘a workhorse and the primary was over, however, the I mention JEFF’s Eagle, a great not a showhorse.’’ achievement that he was able to attain real battle was about to begin. For those of us from the West, that is so many years ago. I have found that I knew, as soon as I was nominated, quite a compliment. In a nutshell, it the Eagle speaks volumes about the that I had a problem. I was running means that someone is a lot more con- strength of someone’s character as against a very strong candidate, a cerned with getting results than in get- they grew up. It proves that they were woman with a wealth of experience in ting the credit. It proves the old saying focused on more important things— politics who had already waged and that you can get just about anything like setting goals and then planning a won a statewide race. I had no doubts done if you don’t care who gets the course of action to reach them—one by that we could still win, but I wasn’t credit for it. one. There is no more valuable skill to kidding myself that it would be easy, When I first arrived in the Senate, I have in the pursuit of a career and the either. had always believed in the importance development of a life than that. Fortunately, I had a secret weapon— of getting acquainted with how things During his service in the Senate, KAY BAILEY HUTCHISON. She agreed to work by taking a close look at how the JEFF has compiled a record of which he come to Wyoming and campaign with people who were getting the results I can be very proud—as proud as the peo- me. That was a tremendous blessing was equally committed to achieving ple of New Mexico are proud of him. because she had a natural feel for poli- were doing it. Using that as my stand- That is why they kept sending him tics and she more than made up for my ard, one Senator who caught my atten- back to the Senate. It is also why his lack of experience in running a state- tion quickly was JEFF BINGAMAN. record of service will continue to re- wide campaign. She gave me a lot of JEFF is a fellow Westerner and he ceive the notice it deserves as the good advice and we took it all. Then we knows and understands the issues that issues he has worked so hard on will set out on the campaign trail and that are so important to the people back have an impact on the West and the is where she really proved to be an home. As I watched him in action, I Nation for many years to come. asset. could quickly see why he was a success I don’t know what JEFF’s plans are Each stop we made Senator story here. He had a reputation for his for the future, but I feel certain we HUTCHISON showed that she was a nat- ability to work with both sides of the haven’t heard the last from him. I hope ural politician. People responded to her aisle to get the results the people of his he will continue to keep in touch with and the way she spoke during our home State had sent him here to all of our Western delegations. I am events. She made it clear that she was achieve. He had an understanding of certain we could all use a little New a hard worker who said what she meant the ramifications of the legislation we Mexico wisdom from time to time on and meant what she said. Her Texas were working on that was second to the issues that come before us that are style played well in Wyoming and it none. Taken together, all of that had of such great concern to the West and really made a difference for me. helped to make him an important ally rural communities all across the coun- Then, when I came to Washington to in any legislative battle that needed to try. begin my work in the Senate, I be won. Thank you, JEFF, for your service to watched her take on some pretty dif- As I got to know him, I looked to New Mexico and to the United States. ficult issues. She had a talent for see- him for his leadership on the issues We appreciate your willingness to ing the best solutions to those com- that were on the minds of the people come to Washington to ensure the con- plicated problems and that helped her back home in Wyoming. He was taking cerns of your State were heard and to make a difference in her home State the lead on a number of them as he that they received the attention they and here in Washington. worked to increase the awareness of deserve. Thanks most of all for your What most impressed me was her our colleagues about matters like open friendship over the years. I have ability to see a problem as it was devel- spaces, water and the future of our en- learned a great deal from you and oping and then formulate a strategy to ergy industry. about you and I know the lessons I deal with it before it became any more Over the years, JEFF has been a men- have learned from you about the Sen- difficult. She was very focused on the tor to me. I have learned a great deal ate and our Committee structure will needs of her home State and what she from him from our work together on continue to make me a more effective could do here in the Senate to make Western issues and from our service on advocate for Wyoming and the West. sure that the issues of most concern to the task groups we both worked on. Whatever the next chapter of your life the people of Texas were addressed. Jeff has an ability to summarize a dif- holds in store, I know you will give it Back home, Senator HUTCHISON has ficult issue simply so that it can be un- your best—just as you have done with always been concerned about our derstood on a number of levels by those every other great adventure in your young people and what she could do to of us who come from backgrounds that life. ensure they realize they can be any- are quite different from Jeff’s and all KAY BAILEY HUTCHISON thing they want to be if they are will- our Western colleagues. He was then Mr. President, now that the cam- ing to work hard to succeed. That is able to propose commonsense solutions paigns are over, the elections have why the young women of Texas look up

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Sen- KENT has been a part of the Senate thank him for the way he handled the ator HUTCHISON knows that a good bi- for four terms—and I am on my third. gavel in his Committee, but most of all ography is more than a source of inspi- Over the years I have enjoyed having a we thank him for his friendship, for his ration, it is a very specific ‘‘how to’’ chance to come to know him and his love of the Senate and his determina- manual that young women all across wife. They are a very special couple tion to make the country a better the country can look to for inspiration, and they are equally committed to place for us all—both current and fu- guidance and direction on how they each other and to the future of our Na- ture generations. KENT has been an ef- can hope to achieve the same kind of tion. Their shared determination to fective Senator for his home State and success in their own lives. make this a better country for all of us in so many ways he has succeeded in Senator HUTCHISON has a remarkable has helped to make them a team that helping to make North Dakota and our family and I know that she is very has left their mark on the Nation’s Nation a better place to live. proud of them. Not too long ago, she capital. RICHARD LUGAR and her husband decided to adopt a I have had a chance to travel with Mr. ENZI. Mr. President, at the end child. They wound up adopting not one, them both and Diana and I have en- of each Congress the Senate has a cus- but two children who are blessed to joyed the time we spent together. KENT tom of taking a moment to express our have two such special parents. It’s just has a tremendous sense of humor and appreciation to those members who another example of the way Senator he has a very interesting outlook on will be returning home when the gavel HUTCHISON has been reaching out to the world. He knows more about the brings the current session to a close. help those who need her in so many legislation we take up on the Senate This tradition provides us with an op- ways over the years. Floor than almost anyone else and his portunity to acknowledge each Sen- Senator HUTCHISON has blazed a trail understanding of how our bills are ator’s efforts and take note of the dif- in so many ways during her career in written and the impact they will have ference they have made both back public service. She was the first woman on our future and our children’s future home and here in Washington, DC. ever elected to the Senate from Texas, make him someone you would want to One Senator I know I will miss in the and during her service she has helped be on your side when the battles begin months to come is Senator RICHARD young women all across her home to rage in Committee or on the Floor. LUGAR. He has had a great influence on State of Texas to realize that there are KENT is pretty easy to work with and my service here in the Senate. During no limits to their future. They can be I have enjoyed the opportunities we his six terms of service in the Senate, anything they want to be if they are have had to tackle some pretty dif- I know I’m not the only one who willing to do whatever it takes to suc- ficult issues together. That sense of learned a great deal from him about ceed, just as Senator HUTCHISON has humor of his has helped him out on a how to be the kind of legislator that done. She is not just a role model, she number of occasions when the going gets results. is an example of what is possible for ev- got tough. I know, because I have seen I was fortunate to have had someone eryone to achieve. him in action as we worked together on like Senator LUGAR reach out to serve KENT CONRAD several bills. I also co-chaired a Caucus as a mentor to me. When I first ar- Mr. ENZI. Mr. President, as the work with him. rived, my experience in the Wyoming of the Senate for the current session of As the Chairman of the Budget Com- State Legislature had taught me to Congress begins to wind down, it is mittee, KENT has really revealed his enter the legislative battles slowly, good to take a moment to acknowledge leadership abilities. The Budget Com- taking the time to learn from the sea- and express our appreciation to our mittee provided him with a platform soned veterans how to be an effective friends and colleagues who will be re- that made it possible for him to speak advocate for my home State and the tiring when the final gavel brings to a out on issues that were of great inter- people back home. Senator LUGAR close the 112th Session of Congress. est and concern to him. He has been a proved to be a good choice for me to One friend I know I will miss in the very effective Chairman and he has left observe as I tried to pick up on his way months to come is KENT CONRAD. a legacy of hard work and positive re- of doing things on the floor and in his KENT is a hard worker, a Senator who sults that will provide all those who Committee. is fully focused on the needs of his follow him with a good road map to fol- I soon learned that Senator LUGAR home State and the work that needs to low that has already proven to be effec- had a style all his own. His demeanor be done to address the issues of concern tive. of being quiet and calm in his dealings to his constituents. He is a Senator The main thing I think I will always with other members and the thoughtful who will always be known as a serious remember about KENT, however, is the presentations he made on the Senate and thoughtful legislator who has a way he prepares for his presentations. I floor made it clear that he always had good sense of how today’s problems don’t think there has ever been, nor a strategy in mind as we took up those will affect tomorrow’s bottom line if will there ever be a Senator who is al- issues that meant a great deal to him. we don’t act now to bring our economic ways so well prepared. I shouldn’t have been surprised he policies under control. KENT and I both appreciate the power had such a good understanding of the Throughout his career, KENT has of a well designed chart or graph. If right way to do things here. It’s an in- never been one to look for the most you really want me to understand how dication of one of his great achieve- popular way of doing things. He was the policy or program you are offering ments—he’s a fellow Eagle Scout. That more concerned with finding the most will affect my home State of Wyoming great training he received in his young- productive way of doing things. He and the Nation as a whole, show me the er days never left him. His years in the knows that what looks like a good idea data in pictures not words. KENT Boy Scouts prepared him for the chal- in the short term doesn’t always lead makes a regular habit of doing that, lenges he had taken on over the years to producing the kind of long term re- and he does it better than just about and it taught him the importance of sults we must have if we are to anyone else. teamwork—bipartisan teamwork—in strengthen our economy and put the I know that we will be hearing more taking on the issues that were of such Nation back to work. He has a great from KENT in the months to come. I great concern to the people of his sense of what needs to be done now to don’t think he views his retirement as State. His experience with the Scouts ensure our children and grandchildren an opportunity to stop working, I taught him a great deal about life and will have the same advantages that we think he sees it as a chance to take on the importance of holding on to the had. That means never putting off something new, some great and chal- principles and values that helped to until tomorrow what we ought to be lenging new adventure in his life. I make him a leader back home and here doing today to ensure those issues are don’t know what he has planned, but I in the Senate. addressed. In fact, when Kent an- am looking forward to seeing him take Another aspect of our lives that we nounced his decision to retire he made it on day by day. have in common is our service as

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.053 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8354 CONGRESSIONAL RECORD — SENATE December 21, 2012 mayor. There are few jobs quite as dif- With OLYMPIA’s retirement Maine career paths, but she was determined ficult as that and I have a great deal of has lost a very powerful and effective to make Maine a better place for our respect for anyone who takes on that legislator and our Nation’s small busi- children and our grandchildren. challenge. ness community has lost the support of Thanks, too, for her friendship and her I served as mayor of Gillette, Wyo- a great champion. Throughout her support on the issues on which we ming during a difficult time in its his- service in the Senate OLYMPIA has worked together. OLYMPIA is an indi- tory. Senator LUGAR served as mayor shown her great understanding of our vidual of great strength and firm con- of Indianapolis. He brought quite a few economy and her commitment to keep- victions and will be missed in the good proposals with him and that ing our small businesses strong and vi- months to come. helped to make it possible for him to brant. She knows that our small busi- I don’t know what the Senator has do some pretty remarkable things. One nesses are truly the backbone of our planned for the next great adventure in accomplishment that stands out was economies—on the local, State and na- her life, but whatever it is I am certain his consolidation of the city and the tional level and everything we can do we haven’t heard the last from her. We surrounding county. That helped to to keep them going strong will have will always be pleased to hear her make the government work better for the greatest impact on our efforts to thoughts about the issues we have be- the people of the area. His proposals re- keep our American dream alive and fore us here in the Senate. ceived a great deal of attention and available to the people of our great Na- that got his administration noticed. It tion. f soon led him to bring his unique brand OLYMPIA has very strong roots in of leadership to the National League of Maine and she has an in depth under- REMEMBERING WARREN B. Cities, where he served as its president. standing of the priorities of the people RUDMAN After such a string of successes, it of her home State and what they ex- was only natural that he then bring his pect her to work on here in Wash- Ms. SNOWE. Mr. President, I rise vision for the future of our Nation to ington. That is why she has a well de- today in remembrance of an extraor- the United States Senate. For six served reputation for being a thought- dinary man, an exceptional public serv- terms he has been a strong voice for ful and careful legislator, one who ant, and a dear friend, Senator Warren the people of his home State on a long looks closely at all the details of a bill B. Rudman. As the U.S. Senate, the list of issues that were of great concern before making her decision, based on people of New Hampshire, and the en- to them. He has been a leader in both its merits. tire Nation mourn his loss, I wish to the areas of foreign affairs and agri- I don’t think I’ve ever met a Senator add my voice to the chorus of tributes culture. He has been a great friend of who was a more avid reader than OLYM- that continue to reverberate from rural America as he has worked to en- PIA. Whenever the Senate takes up an every corner of the country in com- sure that the programs and policies issue, she is always looking for more memoration of a man whose contribu- that work so well in urban areas also materials to read that will help her de- tions to our Nation and our world are benefit rural States and communities velop creative and innovative solutions as numerous as they are invaluable. I like those in his home State and mine. to our Nation’s problems. also want to express my heartfelt con- He has compiled a legacy during his Then, when the matter comes up for dolences to his wife Margaret his service in the Senate that should make our review in Committee or on the daughters, Laura and Debra, and his him very proud. floor, she has at the ready several arti- entire family at this most difficult of Now Senator LUGAR will be returning cles that will drive home and anchor times. to his beloved home State. Those are the point she is making. No one is bet- With a Senate that is profoundly dys- his roots and it represents the kind of ter at researching an issue than OLYM- functional and in an era when biparti- experiences that helped to form him PIA and then, when the matter is up for sanship and compromise are both seem- over the years. It was a life that made debate, making it clear what she be- ingly lost arts, we recall with tremen- him what he is today—strong, inde- lieves to be the best way to tackle the dous admiration the intelligence and pendent and committed to doing what problem. No matter the topic, it’s al- exemplary judgment of a distinguished is right. ways a plus to have her on your side. and iconic legislator whose paramount Now that this chapter of Senator In the years to come, I will always purpose was to rise above and beyond LUGAR’s life has come to a close, an- remember OLYMPIA’s dedication and the din of partisanship to effectively other will soon begin. That is just as it firm resolve to get things done. As we serve the citizens of New Hampshire should be for we will miss his leader- worked together on several issues, it and the people of our great Nation. ship on a long list of issues. I hope we was clear she had a wealth of knowl- The child of immigrants, Warren continue to hear from him with his edge about how each provision of a bill grew up in his beloved Granite State. thoughtful ideas on the direction we would play out. She brought some very And from an early age, he was instilled need to follow to turn our economy good ideas to the process and her input with New England’s hallmark sense of around. helped to make each bill better. independence and frugality and its I know I join with our colleagues in OLYMPIA had always been known as a spirit of grit and tenacity qualities thanking Senator LUGAR for his serv- powerful and effective speaker. Some- which he first brought to bear during ice, for the leadership he has provided one with the ability to not only his heroic service as combat platoon on more issues than I could ever list in present her position with clarity and leader and company commander in the this short reflection on his many years precision, but who could also persuade Korean war, rightfully earning him the in the Senate, and most of all, for his others to her point of view with her Bronze Star. friendship. That was a great gift that common sense approach to problem Returning from the horrors of war, meant a great deal to us all. solving. Those skills and so many more Warren emerged with a renewed com- OLYMPIA SNOWE helped her to make a difference mitment to duty and service, this time Mr. ENZI. Mr. President, it has long throughout her home State of Maine in the public sphere, where he applied been a Senate tradition to take a mo- during her career in public service. In himself to delivering justice for the ment as the current session of Congress the end, that is why she was so success- people of New Hampshire as their at- draws to a close to express our appre- ful in the politics of her home State. torney general. His colleagues would ciation and acknowledge the many con- The people of Maine know OLYMPIA and later recall that he was one of the fin- tributions each retiring Senator has they appreciate her efforts on their be- est public servants to ever grace that made to our legislative deliberations half. Over the years OLYMPIA has com- office and that all who followed aspired both on the Floor and in committee. piled a record of success of which she to the example he established. We will miss them when the gavel can truly be proud. Mr. President, I stand here today to brings to a close the 112th Congress— I know I join with the people of declare, like so many of my colleagues especially senators like OLYMPIA Maine in telling OLYMPIA how much we have, that those sentiments ring true SNOWE who have made an important appreciate her willingness to serve. She for Warren’s service in the U.S. Senate difference during their service. could have followed so many different as well. Indeed, he was an exemplary

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.055 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8355 and consummate public servant, thor- Senator Rudman, we take great pride COAST GUARD AND MARITIME oughly understanding that the very es- in knowing that history will remember TRANSPORTATION ACT sence of good governance was problem- him as a statesman of the highest cal- Mr. VITTER. Mr. President, I rise in solving and that as an elected official iber who served America and his be- support of H.R. 2838, Coast Guard and he was entrusted with a responsibility loved New Hampshire with unsurpassed Maritime Transportation Act of 2012, to work across the aisle to accomplish distinction. which we sent to the President late the business of the Nation. f last week. This important bill provides In fact, all one has to do is look to authorization for all of the programs his signature piece of legislation, the PROTECT OUR KIDS ACT OF 2012 and missions of the United States Gramm-Rudman-Hollings Balanced Coast Guard, along with provisions im- Mr. KERRY. Mr. President, each year Budget Act, to witness that fact. This portant to the maritime industry. bipartisan piece of legislation brought more than 6 million children in the One important provision in the bill under control the Nation’s ballooning United States are reported as victims addresses the tonnage situation of the deficits and directly contributed to the of child abuse and neglect. Tragically, vessel Aqueos Acadian. The system of economic prosperity and growth that is more than 1,500 of those children lose tonnage measurement, though arcane so fondly associated with the 1990s. In their lives most under the age of four. and complicated, is vital to the oper- that light, we can look to Warren with Many of these deaths are preventable ation and economics of any vessel. In grateful eyes because in bringing to and we must fight for those who are the case of the Aqueos Acadian, its bear his credibility, his intellect, and too young to defend and speak for original configuration in 1973 was cer- his experience, he pursued a course themselves. tified in Coast Guard documentation to that was not necessarily expedient but The United States currently does not be 274 gross registered tons, GRT, that was ultimately right. A longtime have a comprehensive strategy to ad- which is the official domestic tonnage fiscal visionary, he was a leader whose dress child abuse fatalities, or a na- measurement. Later, the vessel had an voice we should heed today. tional standard for classification and addition of a closed-in shelter deck, But that spirit of integrity, decency, reporting of those deaths. This leaves which increased its domestic tonnage, and honor was a mainstay of Warren’s many child abuse fatalities to be as well as its international tonnage, character, and those principles were in- underreported, which becomes an addi- which is measured differently than do- grained into the unwavering set of be- tional hindrance in addressing the root mestic tonnage under the International liefs which remained with him causes. Tonnage Convention, ITC, rules. Later throughout his lifetime. They guided I am pleased to work with Senate Fi- still, the modifications that increased him during the Keating 5 investigation, nance Committee Chairman BAUCUS, the tonnage measurements were re- informed him during the Iran-Contra Senator COLLINS, and a number of ad- moved, and the vessel’s official docu- deliberations, and inspired him in see- vocacy and child welfare experts to in- ments were issued by the Coast Guard ing through the Supreme Court nomi- troduce the Protect Our Kids Act of and ABS to reflect that its GRT had nation of his good friend from New 2012. This legislation will establish the been reduced to 275, almost exactly the Hampshire and exceptional jurist, Su- Commission to Eliminate Child Abuse original tonnage. preme Court Justice David Souter. In- and Neglect Fatalities. Vessels with greater than 300 GRT deed, they were the ever-present and The commission will be comprised of have safety and manning requirements indispensable tenets that both firmly a variety of professionals with diverse much more complicated than vessels at grounded him in his Granite State experience and perspectives. They will or below 300 GRT. At the time of the certification of the down-sizing modi- roots while also spurring him to the be charged with developing a national fications, the ITC tonnage was not re- legislative heights that became the strategy for reducing child abuse and duced because the Coast Guard’s abil- capstones of his landmark tenure in neglect fatalities, and provide com- ity to reduce international tonnage ad- public service. prehensive recommendations for all ministratively is either extremely ar- That is why I will forever admire levels of government. It will analyze cane or non-existent—even if the ves- Warren’s passionate, unvarnished, and the effectiveness of existing programs designed to prevent or identify mal- sel’s tonnage has in fact been reduced. classic straightforward approach, When Aqueos Corporation in Lou- treatment deaths and learn more about which helped build consensus through- isiana purchased the vessel, its official what works and what doesn’t. Child out his time in the U.S. Senate and documents reflected that the GRT had which served the country so well. abuse fatalities are a national crisis been reduced to below 300 GRT. Rely- While I missed serving with him in the that requires a collective solution. ing on those Coast Guard and ABS Senate by 1 year, I had the privilege of Once the commission completes their issued documents, the company sought working with him on bicameral basis work any relevant agency will report Coast Guard administrative help to re- as a Member of the U.S. House of Rep- to Congress regarding their response to duce the international tonnage com- resentative, and during that time and the commission recommendations. mensurate with the GRT. The Coast through those experiences, my husband The loss of just one child to abuse is Guard bill includes language that al- Jock and I were fortunate enough to one child too many. I appreciate the lows the company to keep operating become friends with Warren. In fact, he work of a number of organizations that the vessel under its current docu- had a tremendous affection for Maine, have been integral to the development mentation and allows time to complete owning a home on beautiful Bailey Is- of the legislation and have endorsed it, the tonnage-reducing modifications land and while we know his heart for- including the National Coalition to that were not done by the previous ever belongs to New Hampshire, we are End Child Abuse Deaths, whose mem- owners of the vessel but that the Coast still proud to consider him an honorary bers include the National Association Guard has said must be done. Unfortu- Mainer. of Social Workers, NASW; the National nately, the ITC tonnage reduction re- Undoubtedly, though, Warren was a Center for the Review and Prevention mains incomplete. The provision does man ahead of his time. From cham- of Child Deaths, NCRPCD, National not restore the vessel’s ITC tonnage to pioning the watershed legislation Children’s Alliance, NCA; Every Child that of the GRT. This second step which reduced our deficit, to helping Matters Education Fund, ECMEF; and would afford to the vessel the same re- found the bipartisan Concord Coalition, the National District Attorney’s Asso- sult that other vessels in the Aqueos which offers serious solutions for our ciation (NDAA). Acadian’s class have, through a pre- Nation’s significant fiscal challenges, I look forward to our continued vious legislative grandfather provision, Warren’s is a legacy that Jock and I progress in developing a more effective that allows those vessels’ GRT and ITC are proud to carry forward by serving approach to improving child welfare. I tonnage to be the same. This second on the board of advisors at University thank Chairman BAUCUS and Senator step would not give the vessel a com- of New Hampshire’s Warren B. Rudman COLLINS for their leadership on this im- petitive advantage relative to other Center for Justice, Leadership, and portant issue and I ask all of my col- vessels in the Acadian’s class; rather, Public Policy. And as students across leagues to support this important bi- without it the company is at a com- the country continue to learn about partisan legislation. petitive disadvantage with those other

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.057 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8356 CONGRESSIONAL RECORD — SENATE December 21, 2012 vessels. As time goes by, the vessel is rot that is a major part of Russia’s death of Mr. Magnitsky is tragic, this losing out on potentially millions of governance today and decided to ex- bill is not reserved just for those dollars of domestic and international pose it to the public. For those who complicit in his death. This legislation work. might be unfamiliar with the case, Mr. not only applies to those involved in It is not yet clear whether such an Magnitsky was an accountant with the death of Mr. Magnitsky, but it also administrative solution can be Hermitage Capitol Management, which applies to those involved in, as the bill achieved. I understand the concern ad- had publicly disclosed several in- states, ‘‘extrajudicial killings, torture, dressed by the ITC about vessels hav- stances of alleged Russian Government or other gross violations of human ing substantially changed size, and I and corporate corruption related to rights committed against individuals agree that a larger vessel should be state-run industries. The company’s seeking to expose illegal activity car- regulated at a larger tonnage. Unfortu- founder, Bill Browder, was expelled ried out by officials of the Government nately, the way that the ITC addresses from Russia by government bureau- of the Russian Federation; or to ob- this situation is to forever assign a ves- crats who viewed him as a threat. In tain, exercise, defend, or promote sel a higher tonnage even if tonnage 2007, Russian authorities raided Her- internationally recognized human has been actually reduced. This vessel mitage’s offices and subsequently ac- rights and freedoms, such as the free- should be recognized to its lower ton- cused the firm of tax evasion and owing doms of religion, expression, associa- nage and should not be forced into a re- hundreds of millions of dollars in back tion, and assembly and the rights to a gime that does not recognize its cir- taxes. Mr. Magnitsky investigated fair trial and democratic elections, cumstance. I believe we should seek ad- these charges and discovered that it anywhere in the world.’’ Further, any- ditional legislative language that was the police who had provided seized one assisting those involved in the would correct the international ton- tax records to Russian criminal ele- abuses described in the legislation can, nage problem, but in the interim I look ments who then falsified documents and should, be targeted. forward to continuing to work with the and received a $230 million rebate from During Senate debate my colleagues, Coast Guard and encourage the agency the Russian treasury—the largest in Senator MCCAIN and Senator WICKER, to develop an administrative solution Russian history. spoke eloquently about the ability to to this situation. What is shocking is that when Mr. hold human rights abusers accountable f Magnitsky went to the Russian Gov- and in particular cited the cases of Mi- ernment with the evidence he uncov- khail Khodorkovsky and Planton PASSAGE OF THE RUSSIA AND ered in 2008, he was the one arrested Lebedev—other recognized political MOLDOVA JACKSON-VANIK RE- and jailed. He was held 11 months with- prisoners. To quote my friend from Ari- PEAL ACT out trial, became sick, and was denied zona discussing the situation in Russia Mr. RISCH. Mr. President, I rise medical treatment and visits by his today: today to recognize Congress for passing family. Mr. Magnitsky was held in hor- This culture of impunity in Russia has an important piece of legislation—the rible conditions. According to his been growing worse and worse over many Sergei Magnitsky Rule of Law and Ac- diary, Russian authorities reputedly years. It has been deepened by the increased countability Act incorporated into the pressured him to recant his accusa- surveillance and harassment of members of Russia and Moldova Jackson-Vanik Re- tions and instead accuse Hermitage of opposition and civil society groups . . . by peal Act of 2012. As a member of the financial crimes. On November 16, 2009, the continued violent attacks on brave jour- Foreign Relations Committee, I must Mr. Magnitsky died in Russian cus- nalists who dare to publish the truth about official corruption and other state crimes in note it is one of the most important tody. According to the head of the Mos- Russia today . . . and of course, by the con- pieces of foreign policy legislation cow Helsinki Group, Ludmila tinued detention of numerous political pris- dealing with human rights we have Alekseeva, Magnitsky had died from oners, not least Mikhail Khodorkovsky and taken up in recent years. In particular, beatings and torture carried out by his associate Platon Lebedev, who remain I want to commend my colleague, Sen- several officers of Russia’s Ministry of locked away but not forgotten. ator CARDIN, for his work on the Interior. Some people also point to the The cases of Mr. Khodorkovsky and Magnitsky Act. Bringing Russia into deliberate denial of medical care for Mr. Lebedev, both jailed because of Mr. the World Trade Organization, WTO, is his illnesses as a contributing factor to Putin’s sanctioned theft and destruc- a good thing. The WTO is a rules-based his death. In standing up for truth, jus- tion of the oil company, Yukos Oil, organization that will create a level tice, and the rule of law, Mr. headed by Mr. Khodorkovsky, falls playing field for U.S. companies that Magnitsky gave the Russian people his squarely within the parameters of this want to export their products to Rus- life. To date, not one senior govern- legislation. sia. ment official has been held responsible Mr. Khodorkovsky, a businessman, As committed as we are to strength- for his death. Instead, in a gesture of was falsely accused of tax evasion and ening trade links between the United mockery, last February the Russian jailed in 2003 after engaging in politics States and Russia, we must be even police resubmitted a criminal case and forcing a discussion of corruption more dedicated to promoting the rule against Mr. Magnitsky, making him in Russia. His close friend and business of law and protecting the brave Rus- the first Russian citizen to be tried partner, Planton Lebedev, was also sian individuals and organizations after his death. jailed as part of the theft of Yukos Oil. fighting for democracy and human The Magnitsky Act takes a measured Both are widely considered political rights. This is why the Magnitsky Act and targeted approach to identifying prisoners—in 2011 Amnesty Inter- is so important. In the year following and dealing with those who are respon- national declared them political pris- Mr. Putin’s return to the Presidency, sible for egregious human rights and oners—and there have been numerous he has built on his repressive record by antidemocratic activities throughout House and Senate resolutions that instituting laws that crack down on Russia. This bill allows the Secretary have highlighted Mr. Khodorkovsky’s freedom of expression, assembly, and of State to identify and compile a list and Mr. Lebedev’s cases. association. A new law makes it easier of people responsible for the death of But they are not the only ones. Mr. for the state to accuse a person of trea- Magnitsky, engaged in its coverup, or Khodorkovsky and Mr. Lebedev remain son and members of a female rock band having financially benefited from his jailed but at least are still alive. One of have been jailed for criticizing Mr. death. The bill offers significant sanc- the most horrific stories in the entire Putin. These measures are designed to tions on those identified by the State Yukos affair is the case of Vasily strike back at a rapidly increasing seg- Department. They are to be denied Alexanyan. While the Kremlin’s dis- ment of Russian society demanding an visas to the United States, have any mantling of Yukos was well underway end to corruption, oppression, and call- assets in U.S. jurisdiction frozen, and after Mr. Khodorkovsky’s arrest in ing for genuine democratic governance, prevented from using the U.S. banking 2003, Mr. Alexanyan, a Harvard Law human rights, and the rule of law. system. School graduate and former Yukos gen- The Sergei Magnitsky Rule of Law For the record, as a cosponsor of this eral counsel, stepped up in March 2006 and Accountability Act is named after bill, I want to be absolutely crystal to assume the position of executive a man who witnessed the deep-seated clear on one particular point. While the vice president of Yukos. At the time

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.059 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8357 the company was being forced through tions, the Organization for Security additional steps to identify and prevent a state-orchestrated bankruptcy proc- and Co-operation in Europe, and the improper payments by Federal agen- ess. Alexanyan’s attempts to protect Council of Europe. It is also a party to cies. I look forward to seeing the Presi- the company’s rights in this process the Convention against Torture and dent sign into law this important, bi- ran up against the hostility of govern- Other Cruel, Inhuman or Degrading partisan legislation. ment authorities. Mr. Alexanyan was Treatment or Punishment, the Inter- The Improper Payments Elimination jailed on April 6, 2006. He was held in national Covenant on Civil and Polit- and Recovery Improvement Act of 2012 horrible conditions during his pretrial ical Rights, the UN Convention against goes beyond IPERA’s goals for curbing detention in a freezing cell and sub- Corruption, and the European Conven- agencies’ improper payments with jected to torture. The authorities knew tion on Human Rights. three main concepts, including provi- he had HIV and a compromised im- This legislation is narrowly targeted sions that: expand requirements and mune system. They attempted to make to hold accountable specific persons for strengthen estimates for agencies’ im- him give testimony against Mr. the most heinous of crimes and rep- proper payments; mandate the estab- Khodorkovsky and Mr. Lebedev and resents a core U.S. foreign policy lishment of a government-wide ‘‘Do others at Yukos in exchange for better value. It is also consistent with tar- Not Pay’’ program; and prevent pay- treatment and medicine. He refused. geted sanctions the United States has ments to deceased individuals. As my The European Court of Human Rights imposed on other countries with major colleagues know, improper payments repeatedly issued interim measures to human rights concerns. are payments made in error, such as the Russian authorities requesting This also strengthens the President’s payments made to the wrong person or medical care be provided to Alexanyan. National Security Strategy announced in the wrong amount. These kinds of The authorities did not comply, leav- last May, PSD–10, by ‘‘closing gaps’’ in preventable mistake unfortunately re- ing Alexanyan without antiretroviral our legal system so our country does sult in billions of lost taxpayer dollars treatment for almost 2 years. Because not inadvertently become a haven for every year. of this state-sponsored torture, he died human rights violators. He enumerated Although we have made great strides when he was just 39 years old. grounds for denying admission to the in curbing improper payments in the More than 50 criminal cases against United States, and this legislation past year, we still have a ways to go to Yukos executives, employees, and oth- complements his initiative by pro- improve transparency and make agen- ers associated with Khodorkovsky or viding a statutory, legal guidelines for cies and agency leadership more ac- Yukos have been filed by Russian au- the administration. countable for better protecting the tax- thorities. The strategy of Russian in- This bill enjoys enormous bipartisan payer dollars we entrust to them. At a vestigators has involved investigating and bicameral support with a 365 to 43 time of record deficits, we need to be or prosecuting business partners, jun- vote in the House of Representatives getting the most out of every dollar iors, or even bystanders to obtain and 92 votes in the Senate. In short, and cannot afford to waste more than a statements or court rulings that would there is consensus for this bill and an hundred billion annually. I will con- produce ‘‘evidence’’ and establish the understanding of the types of cases tinue to work with my colleagues in ‘‘facts’’ they needed for their trumped that fall within the Magnitsky Act’s Congress and the Administration to see up charges against Mr. Khodorkovsky parameters. In Russia, the Magnitsky that these measures are enacted, and and others connected with Yukos. Act will serve as a deterrent to those properly and efficiently implemented. There is no question the continuing engaged in oppression and provide a The bipartisan legislation requires incarceration of Mr. Khodorkovsky and shield to millions of Russian activists several important steps to curb Federal Mr. Lebedev is a human rights abuse. determined to secure greater human Government waste and fraud. The European Court for Human Rights rights and establish the rule of law. First, the bill requires agencies to ruled that violations of Mr. This bill gives hope to Russian civil so- strengthen the estimation of improper Khodorkovsky’s fundamental human ciety and to echo my friend from Arizo- payments. The legislation requires im- rights did occur in connection with his na’s eloquent comment to Mr. proved and more consistent reporting arrest and detention between 2003 and Khodorkovsky and Mr. Lebedev that of improper payment estimates by Fed- 2005—including degrading prison condi- ‘‘they are not forgotten.’’ Those in eral agencies, based on recommenda- tions, inhuman and degrading condi- Russia who are oppressed, intimidated, tions from the Department of Defense tions in the courtroom throughout his or suffering because they are seeking inspector general and the Government first trial, detention unjustified by democracy, truth and justice should Accountability Office. The legislation, compelling reasons outweighing the know they are not forgotten and your for example, would prevent agencies presumption of liberty, and unfair spirit and determination inspire us. from relying only on voluntary disclo- hearings reviewing his detention. The The fact that certain Russian Gov- sure of improper payments by contrac- court has raised similar concerns with ernment officials have lashed out tors, as well as require agencies to Mr. Lebedev. against this law speaks to the powerful produce documentation to prove a pay- Other cases are also clear cut, such tool it can be in support of democracy ment was correct. as Anna Politkovskaya, the renowned and human rights in Russia. It is not Second, the bill mandates the estab- journalist and Kremlin critic, who was enough to pass this law—the United lishment of a government wide ‘‘Do shot dead while entering her apartment States must now publically hold those Not Pay’’ program. Too often, Federal building on October 7, 2006. Ms. accountable for persecuting Mr. agencies make improper payments to Politkovskaya rose to prominence for Khodorkovsky, Mr. Lebedev, and so individuals that could easily be identi- her in-depth coverage of the war in many others in Russia. I look forward fied as ineligible if payments were Chechnya, exposing incidents of state- to working with my colleagues and the more routinely screened against Fed- sponsored torture, mass executions, administration to do so. eral databases. Unfortunately, Federal kidnappings, and war crimes. Four in- f agencies are not doing this basic eligi- dividuals initially accused of killing bility screening before payments are Ms. Politkovskaya were found not IMPROPER PAYMENTS ELIMI- made. Through the initiative, before an guilty, and no light has been shed on NATION AND RECOVERY IM- agency could award a contract or the true architect of her murder. Her PROVEMENT ACT grant, the agency would have to cross case would be captured by this legisla- Mr. CARPER. Mr. President, this check against the ‘‘Do Not Pay’’ data- tion if those responsible can be identi- week, the Senate passed the Improper base, which will include a central com- fied. Payments Elimination and Recovery prehensive database of individuals, Let’s not forget that we are demand- Improvement Act of 2012, The IPERA contractors, and others who may be in- ing Russia abide by the international Improvement Act or H.R. 4053. Earlier eligible to receive Federal funds, such agreements that it has ratified and live this month, the House passed the same as companies that are no longer al- up to the expectations of the organiza- legislation, which builds on the Im- lowed to do work with the Federal Gov- tions it has joined. The Russian Fed- proper Payments Elimination and Re- ernment because of a fraud conviction eration is a member of the United Na- covery Act of 2010 (IPERA) by taking or similar reason.

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.060 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8358 CONGRESSIONAL RECORD — SENATE December 21, 2012 The administration is currently es- The Miss Universe title is an ac- medical technology at Thomas Jeffer- tablishing a ‘‘Do Not Pay ‘‘ program knowledgement of Olivia’s exceptional son University, a lecturer at the school based on the White House executive intelligence, talent, and compassion. of health professions, Southwest Texas memorandum, Memorandum on En- She was recognized by the National State University, and associate direc- hancing Payment Accuracy Through a Honor Society for her academic excel- tor of continuing education at the ‘‘Do Not Pay List.’’ However, there was lence at Rhode Island’s St. Mary’s Edmonda campus of Gwynedd-Mercy no statutory mandate to proceed. The Academy Bay View. She currently at- College. Ann has given her career to legislation establishes the ‘‘Do Not tends Boston University in neighboring the pursuit of improving educational Pay’’ program in law throughout the Massachusetts, where she has made the opportunities around the country and Federal Government under a specific dean’s list every semester. that motivation has been central to timetable. In addition to excelling in her stud- her administration at Weber. Third, the legislation targets death ies, Olivia is a talented and dedicated In 2002, Ann was selected as president fraud and improper payments to de- musician. From a young age, her love of the university from a pool of 55 pos- ceased individuals. Improper payments for music was cultivated by her proud sible candidates. Regent George include those made to individuals who parents, Peter and Susan Culpo, them- Mantes said, ‘‘In selecting a president are deceased, and should therefore no selves musicians. She took cello les- of Weber State University we looked longer be eligible under program rules, sons from second grade on, and has for someone who could lead a univer- yet still receive payments. For exam- since performed with the Rhode Island sity that serves over 17,000 students and who would also be seen as a com- ple, the Office of Personnel Manage- Philharmonic Youth Orchestra, Rhode munity leader for Northern Utah. We ment Inspector General reported that Island Philharmonic Chamber Ensem- had terrific people to choose from and $601 million in improper payments were ble, Bay View Orchestra, and Rhode Is- feel confident that in selecting Dr. made to Federal retirees found to have land All State Orchestra. This self-de- Millner we have found the right person already died. However, such payments scribed cellist nerd has also had the to fill both of these important roles.’’ to dead people were not unique to this honor of performing at Boston Sym- Mr. Mantes and the selection commit- one program. Improving the collection phony Hall and at Carnegie Hall in New tee’s confidence in President Millner and use by Federal agencies of data on York City, and she completed a tour of has paid off. Under her leadership deceased beneficiaries will help curb England in 2010. Weber State University opened a new hundreds of millions, if not billions of Olivia has already demonstrated a campus in Davis and enrollment in- dollars, in improper payments. The strong drive to make a difference in creased from 17,000 to 25,000. The uni- IPERA Improvement Act requires that her community and her country. Ear- versity has added a number of new pro- the Office of Management and Budget, lier this year, I had the opportunity to grams, certificates, baccalaureate and in consultation with other agencies meet with Olivia here in my Wash- graduate degrees including seven mas- and stakeholders, determine a plan for ington office, where she advocated pas- ters degree programs and countless on- curbing improper payments to deceased sionately for Federal support of ovar- line course work which all serve to individuals. ian cancer research. I share her deep both enhance and expand the edu- Finally, the legislation requires that concern about the terrible effects of cational opportunities offered to stu- the Office of Management and Budget cancer. She is a valuable ally in the dents. Weber has gained particular ac- report to Congress on the current ef- search for a cure. claim for its growing engineering Com- forts by agencies to recover improper Olivia has given the Ocean State puter and Electronics Engineering payments, including a listing of agen- something to be proud of. I am grateful Technology department, which focuses cies that employ outside contractors to Olivia Culpo for the example she on training students in the innovations for recovery efforts, and their current sets for our children and for being a and technologies of the future. In 2010 levels and targets for recoveries. This stellar and faithful representative of President Millner announced the reporting can easily be done as part of the State of Rhode Island on the world ‘‘Dream Weber Program,’’ one of the the annual report on improper pay- stage. I wish her all the best. many scholarship and outreach pro- ments currently conducted by the f grams her administration developed to OMB. make higher education a possibility for ADDITIONAL STATEMENTS I believe passage of the Improper those who would otherwise not have Payments Elimination and Recovery the opportunity. Improvement Act of 2012 represents an TRIBUTE TO ANN MILLNER The new and upgraded facilities on important step toward curbing waste Weber’s campus stand as a powerful and fraud within the Federal Govern- ∑ Mr. LEE. Mr. President, Nelson symbol of the legacy President Millner ment. I look forward to working with Mandela said, ‘‘Education is the most leaves behind. In addition to an entire the administration and Federal agen- powerful weapon which you can use to new campus in Weber, President cies to implement the legislation’s pro- change the world.’’ In Utah, Weber Millner oversaw the construction of visions. I also look forward to working State University President Ann the Hurst Center for Lifelong Learning, with my congressional colleagues on Millner has lead the charge to increase, a two-story facility dedicated to help- additional steps during the next legis- improve and enhance higher education ing provide students with opportunities lative session. opportunities for anyone who has to continue education. She also f sought them. After 10 years of distin- oversaw the opening of Wildcat Vil- guished service she is stepping down lage, a residential housing facility that CONGRATULATING OLIVIA CULPO, from her post and I rise to honor her serves over 500 students with a fun, MISS UNIVERSE today. low-cost housing experience. She also Mr. WHITEHOUSE. Mr. President, I Before being selected president of the oversaw the construction and opening am pleased to offer my sincere con- university, Ann served Weber in a vari- of Elizabeth Hall, a state-of-the-art gratulations to Olivia Culpo, a native ety of capacities including vice presi- classroom building which features of Cranston, RI, on being crowned Miss dent for university relations, associate multimedia capabilities, writing and Universe. After being crowned Miss dean of continuing education, assistant tutoring centers and enough classroom Rhode Island USA in her first ever pag- vice president for community partner- space to offer more classes than any eant competition last year, Olivia’s ships and director of outreach edu- other building on campus. These three rise to Miss Universe has been nothing cation in the school of allied health buildings exemplify some of President short of meteoric. In quick succession services. President Millner brought Millner’s major accomplishments dur- she became the first Rhode Islander to with her a well-rounded resume of lead- ing her presidency: to increase focus on ever win the Miss USA competition, ership in education gained at several education as a lifelong pursuit, to in- and is now the first Miss USA to win different universities. She served as crease educational opportunities and to the Miss Universe pageant in over a education coordinator of the medical enhance educational experiences with decade. She has made the people of our technology program at Vanderbilt Uni- cutting-edge technologies and facili- State very proud. versity, instructional developer in ties.

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.035 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8359 President Millner brought with her a Security and Investigations on the The report detailed flawed practices vision of the collaborative relationship Senate Homeland Security and Govern- and communications, both within and the university would have with the sur- mental Affairs Committee. between the FBI and Department of rounding northern Utah community. In Gordon left my Committee staff ear- Defense, which allowed Hasan to re- 2008, Weber State received the Carnegie lier this year due to illness. However, main in the military—and even be pro- Foundation’s Classification for Com- this legislation will add to his record of moted—despite many warning signs munity Engagement, an award recog- enhancing the security of our country, that he was becoming dangerous. The nizing the collaboration ‘‘between edu- and especially of breaking down the report also contained a series of rec- cational institutions and local, state, barriers to greater cooperation and col- ommendations that, had they been in regional, national and local commu- laboration between agencies that must place, probably would have led to nities for the mutually beneficial ex- work together to keep our country Hasan’s dismissal from the Army and change of knowledge and resources.’’ safe. prodded the FBI, which was aware of Under her leadership, Weber State Uni- Thomas Jefferson once asked the Hasan’s suspicious actions, into a more versity also has taken part in the Utah question: ‘‘What duty does a citizen aggressive investigation of his growing Science, Technology and Research owe to the government that secures violent Islamist radicalization. (USTAR) Initiative, which brings local the society in which he lives?’’ Answer- My time in the Senate is drawing to businesses and industries together with ing his own question, Jefferson said: a close. I have already given my fare- educational institutions to ‘‘help com- ‘‘A nation that rests on the will of the well address. However, I just wanted to mercialize high potential inventions, people must also depend on individuals take these few minutes to thank Gor- enhance the climate for innovation and to support its institutions if it is to don Lederman for the Interagency Per- entrepreneurism and stimulate the cre- flourish. Persons qualified for public sonnel Rotation Act into law, and for ation of local enterprises.’’ The initia- service should feel an obligation to his career long dedication to making tive provides students with the oppor- make that contribution.’’ our homeland more secure.∑ tunity to gain first-hand business expe- Gordon has selflessly answered Jef- rience and has had a tremendous posi- ferson’s centuries old call and has had f tive impact on the regional economy. a distinguished career in public service In the statement announcing her res- dedicated to the security of our Nation. TRIBUTE TO KATHLEEN TURNER ignation, Ann quoted William James: Here are just a few highlights of Gor- ∑ ‘‘The best use of life is to invest it in don’s career. Mrs. FEINSTEIN. Mr. President, this something that will outlast it.’’ She In 2003, Gordon joined the 9/11 Com- month marks the retirement of Ms. followed by saying ‘‘the work you are mission staff and was responsible for Kathleen Turner after nearly 32 years doing at this university will long out- assessing the Intelligence Commu- in government service, specifically last our time here. Our students, their nity’s senior-level management struc- working in various capacities in the in- families, and generations to come—all ture. His work included developing po- telligence community. I commend her will be changed by what you are doing tential recommendations for intel- for her service to the Nation and wish and what the university will continue ligence reform modeled on the Gold- her the very best in her retirement. to do in the future!’’ While Ann may water-Nichols Act as well as examining Ms. Turner has had a varied and dis- have been addressing her remarks to Congressional oversight. tinguished career, having worked in the students, they are certainly just as After the 9/11 Commission released different positions and capacities with- applicable to her own efforts. Ann’s its report in July 2004, Gordon moved in the intelligence community. For tremendous vision and leadership has to the Senate Homeland Security and most of that time, Kathleen worked catapulted Weber State University to Governmental Affairs Committee as a where efforts and successes are not al- national recognition and a growing special bipartisan staff member. He ways rewarded publicly. I am glad we reputation for educational excellence. served as the lead drafter and nego- can do so here today. Sharon and I thank her for her service tiator of the Intelligence Reform and I have known Kathleen mostly in her and for the charge she has led to in- Terrorism Prevention Act of 2004, capacity as the director of the Office of crease the quality and reach of edu- which enacted the Commission’s rec- Legislative Affairs for the Office of the cation within the great State of Utah.∑ ommendations to create the Director Director of National Intelligence, a po- sition she assumed in the summer of f of National Intelligence and National Counterterrorism Center. 2006. For the last 6 years, Ms. Turner TRIBUTE TO GORDON LEDERMAN Gordon also worked on the Commit- has had the sometimes unenviable job ∑ Mr. LIEBERMAN. Mr. President, in- tee’s investigation into the flawed re- of representing the intelligence com- cluded in the Department of Defense sponse to Hurricane Katrina at all lev- munity on Capitol Hill and rep- Authorization Act is bipartisan, bi- els of government. resenting Capitol Hill to the intel- cameral legislation I co-sponsored ti- In February 2006, Gordon joined the ligence community. tled ‘‘The Interagency Personnel Rota- U.S. National Counterterrorism Center Ms. Turner is the daughter of Robert tion Act,’’ which seeks to improve the to assist the Executive Branch in im- and Beverly Turner, a television repair efficiency and effectiveness of the Fed- plementing the legislation he helped shop owner and homemaker respec- eral Government’s national and home- author. His work included the Center’s tively, and was born and raised in the land security operations by encour- organizational strategy and internal small suburban town of Pacific Pali- aging the temporary rotation of cer- allocation of roles and responsibilities. sades, in my State of California. tain homeland and national security Gordon later returned to the Com- Kathleen is the fifth of seven chil- employees among the different agen- mittee and was the lead investigator of dren and she went to UCLA and ma- cies that have homeland security mis- the Committee’s inquiry into the mur- jored in political science and then sions. ders at Fort Hood on Nov. 5, 2009, when came to the East Coast. I am willing to Like the Goldwater-Nichols Act, Maj. Nidal Hasan—a psychiatrist forgive her for this lapse in judgment. which established the principle of trained by the U.S. Army at taxpayer Kathleen received a master’s degree in interagency rotation within our armed expense—entered the Soldier Readiness international relations from the Johns forces, this amendment will have the Processing Center with two loaded pis- Hopkins School of Advanced Inter- effect of building trust and better com- tols and opened fire, killing 13 and national Studies. When she completed munications among these different wounding 32. her master’s, she went right into the agencies, thus enhancing their collec- Following a 14-month investigation, Defense Intelligence Agency. tive efforts to safeguard our nation the Committee released its report—‘‘A Ms. Turner started her professional from the terrorist threat. Ticking Time Bomb: Counterterrorism career with DIA as an analyst of Soviet Much of the credit for crafting this Lessons from the U.S. Government’s strategic forces. She served as the In- bipartisan legislation goes to Gordon Failure to Prevent the Fort Hood At- telligence Liaison Officer to the Stra- Lederman, formerly Associate Staff Di- tack,’’ of which Gordon was the lead tegic Defense Initiative Office, and rector and Chief Counsel for National writer. later served as the Senior Analyst for

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.012 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8360 CONGRESSIONAL RECORD — SENATE December 21, 2012 Russia and Eurasia, managing all mili- the University of Virginia for law H.R. 6443. An act to designate the facility tary intelligence analysis on these re- school. He currently practices law in of the Department of Veterans Affairs lo- gions. During the 1990s, Ms. Turner pro- Northern Virginia. With her retire- cated at 9800 West Commercial Boulevard in Sunrise, Florida, as the ‘‘William ‘Bill’ Kling gressively served as DIA’s Director of ment, Kathleen and Bob look forward VA Clinic’’. Human Resources, the Director of Ad- to spending more time together and on H.R. 6587. An act to designate the facility ministration, and the manager of the the water. of the United States Postal Service located DIA and General Defense Intelligence I am pleased to be able to thank at 225 Simi Village Drive in Simi Valley, Program and budget office. Starting in Kathleen Turner for her service and California, as the ‘‘Postal Inspector Terry 2002, Ms. Turner served as DIA’s Direc- wish her all the very best in all her fu- Asbury Post Office Building’’. ∑ H.R. 6684. An act to provide for spending tor of Congressional and Public Affairs. ture endeavors. reduction. In short, in her 24 years at DIA, f ENROLLED BILLS AND JOINT RESOLUTION Kathleen did and saw every aspect of MESSAGES FROM THE PRESIDENT SIGNED intelligence work in one of the few in- At 2:29 p.m., a message from the telligence agencies to perform every Messages from the President of the House of Representatives, delivered by kind of intelligence operation. United States were communicated to Mr. Novotny, one of its reading clerks, That, combined with her outgoing the Senate by Mr. Thomas, one of his announced that the Speaker has signed personality and ability to juggle many secretaries. the following bills and joint resolution: tasks at once, made her a natural f H.R. 3477. An act to designate the facility choice to join the Legislative Affairs of the United States Postal Service located Office for the first Director of National EXECUTIVE MESSAGES REFERRED at 133 Hare Road in Crosby, Texas, as the Intelligence, John Negroponte, in Octo- As in executive session the Presiding Army First Sergeant David McNerney Post ber 2005 as that office was standing up. Officer laid before the Senate messages Office Building. H.R. 3870. An act to designate the facility She quickly became the DNI’s Director from the President of the United of Legislative Affairs in July 2006. As of the United States Postal Service located States submitting sundry nominations at 6083 Highway 36 West in Rose Bud, Arkan- Director, she was responsible for the and a withdrawal which were referred sas, as the ‘‘Nicky ‘Nick’ Daniel Bacon Post Office of the DNI’s interactions with to the appropriate committees. Office’’. the Congress, and informing the Office (The messages received today are H.R. 3912. An act to designate the facility of the DNI seniors of Congressional in- printed at the end of the Senate pro- of the United States Postal Service located terests and perspectives on intelligence ceedings.) at 110 Mastic Road in Mastic Beach, New matters. In addition, Ms. Turner pro- York, as the ‘‘Brigadier General Nathaniel f Woodhull Post Office Building’’. vided policy guidance to all 16 intel- H.R. 5738. An act to designate the facility ligence community legislative affairs MESSAGES FROM THE HOUSE of the United States Postal Service located offices. At 1:03 p.m., a message from the at 15285 Samohin Drive in Macomb, Michi- I got to know Kathleen in the job House of Representatives, delivered by gan, as the ‘‘Lance Cpl. Anthony A. DiLisio when I became chairman of the Intel- Clinton-Macomb Carrier Annex’’. Mr. Novotny, one of its reading clerks, ligence Committee in January 2009, H.R. 5837. An act to designate the facility announced that the House has passed through numerous meetings with DNI of the United States Postal Service located the following bills, without amend- Dennis Blair and then DNI Jim Clap- at 26 East Genesee Street in Baldwinsville, ment: New York, as the ‘‘Corporal Kyle Schneider per. She always had suggestions for Post Office Building’’. ways to work through problems, and S. 925. An act to designate Mt. Andrea Lawrence. H.R. 5954. An act to designate the facility could translate issues and perspectives S.J. Res. 49. Joint resolution providing for of the United States Postal Service located between intelligence-speak and con- the appointment of Barbara Barrett as a cit- at 320 7th Street in Ellwood City, Pennsyl- vania, as the ‘‘Sergeant Leslie H. Sabo, Jr. gressional-speak. Kathleen could also izen regent of the Board of Regents of the Post Office Building’’. Smithsonian Institution. work a room—she knew every Member H.J. Res. 122. Joint resolution establishing on the committee and all of our staff, The message also announced that the the date for the counting of the electoral and knew what questions needed an- House has passed the following bills, in votes for President and Vice President cast swers or what policies were being pro- which it requests the concurrence of by the electors in December 2012. posed. the Senate: The enrolled bills and joint resolu- I must say, it is a good thing for H.R. 1509. An act to amend title II of the tion were subsequently signed by the Kathleen that she has retired from leg- Social Security Act to prohibit the inclusion President pro tempore (Mr. LEAHY) islative affairs, as the delay in reau- of Social Security account numbers on Medi- thorizing FISA legislation now, only 10 care cards. At 3:10 p.m., a message from the days from its expiration at the end of H.R. 3197. An act to name the Department House of Representatives, delivered by the year, would have been keeping her of Veterans Affairs medical center in Spo- Mr. Novotny, one of its reading clerks, up around the clock and adding one kane, Washington, as the ‘‘Mann-Grandstaff announced that the House has agreed more time when Congress’ special way Department of Veterans Affairs Medical Cen- to the following concurrent resolution, of doing things caused stress and ag- ter’’. in which it requests the concurrence of H.R. 3378. An act to designate the facility the Senate: gravation to all involved. of the United States Postal Service located On a more personal note, Kathleen’s at 220 Elm Avenue in Munising, Michigan, as H. Con. Res. 146. Concurrent resolution providing for a conditional adjournment of most direct contribution to me was her the ‘‘Elizabeth L. Kinnunen Post Office the House of Representatives and a condi- idea, which she then brought to fru- Building’’. tional recess or adjournment of the Senate. ition, to bring together a group of sen- H.R. 3869. An act to designate the facility ior women in the intelligence commu- of the United States Postal Service located f nity and me for a dinner on November at 600 East Capitol Avenue in Little Rock, MEASURES REFERRED 7, 2011 at the Hay Adams Hotel. It was Arkansas, as the ‘‘Sidney ‘Sid’ Sanders McMath Post Office Building’’. The following bills were read the first a hit. Since then, the group has gotten H.R. 4389. An act to designate the facility and the second times by unanimous together three more times, twice at my of the United States Postal Service located consent, and referred as indicated: house and once more at a restaurant, at 19 East Merced Street in Fowler, Cali- H.R. 1509. An act to amend title II of the and we have really gotten to know fornia, as the ‘‘Cecil E. Bolt Post Office’’. Social Security Act to prohibit the inclusion each other and build a relationship be- H.R. 6260. An act to designate the facility of Social Security account numbers on Medi- yond our meetings across the meeting of the United States Postal Service located care cards; to the Committee on Finance. or witness table. at 211 Hope Street in Mountain View, Cali- H.R. 3197. An act to name the Department Throughout her career and travels fornia, as the ‘‘Lieutenant Kenneth M. of Veterans Affairs medical center in Spo- around the world, I know Kathleen has Ballard Memorial Post Office’’. kane, Washington, as the ‘‘Mann-Grandstaff H.R. 6379. An act to designate the facility had the loving support of her husband, Department of Veterans Affairs Medical Cen- of the United States Postal Service located ter’’; to the Committee on Veterans’ Affairs. Bob Sparks, who is the son of a naval at 6239 Savannah Highway in Ravenel, South H.R. 6443. An act to designate the facility officer. Bob was educated at the Vir- Carolina, as the ‘‘Representative Curtis B. of the Department of Veterans Affairs lo- ginia Military Institute and then at lnabinett, Sr. Post Office’’. cated at 9800 West Commercial Boulevard in

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.068 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8361 Sunrise, Florida, as the ‘‘William ‘Bill’ Kling of Inspector General for the Department of the President of the Senate on December 19, VA Clinic’’; to the Committee on Veterans’’ Education for the period of April 1, 2012 2012; to the Committee on Homeland Secu- Affairs. through September 30, 2012; to the Com- rity and Governmental Affairs. f mittee on Homeland Security and Govern- EC–8693. A communication from the Senior mental Affairs. Procurement Executive/Deputy Chief Acqui- EXECUTIVE AND OTHER EC–8683. A communication from the Ad- sition Officer, Office of Acquisition Policy, COMMUNICATIONS ministrator of the Small Business Adminis- General Services Administration, transmit- tration, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- The following communications were Semiannual Report from the Office of the In- laid before the Senate, together with titled ‘‘Federal Acquisition Regulation; Non- spector General for the period from April 1, displacement of Qualified Workers Under accompanying papers, reports, and doc- 2012 through September 30, 2012; to the Com- Service Contracts’’ ((RIN9000–AM21) (FAC uments, and were referred as indicated: mittee on Homeland Security and Govern- 2005–64)) received in the Office of the Presi- EC–8673. A communication from the Senior mental Affairs. dent of the Senate on December 19, 2012; to EC–8684. A communication from the Chair- Procurement Executive/Deputy Chief Acqui- the Committee on Homeland Security and man of the Consumer Product Safety Com- sition Officer, Office of Acquisition Policy, Governmental Affairs. General Services Administration, transmit- mission, transmitting, pursuant to law, the Commission’s Annual Performance and Ac- EC–8694. A communication from the Acting ting, pursuant to law, the report of a rule en- Congressional Review Coordinator, Animal titled ‘‘Federal Acquisition Regulation; Fed- countability Report for fiscal year 2012; to the Committee on Homeland Security and and Plant Health Inspection Service, Depart- eral Acquisition Circular 2005–63, Introduc- ment of Agriculture, transmitting, pursuant tion’’ (FAC 2005–63) received in the Office of Governmental Affairs. EC–8685. A communication from the Chair- to law, the report of a rule entitled ‘‘Impor- the President of the Senate on December 10, man of the Consumer Product Safety Com- tation of Live Swine, Swine Semen, Pork, 2012; to the Committee on Homeland Secu- mission, transmitting, pursuant to law, the and Pork Products; Estonia, Hungary, Slo- rity and Governmental Affairs. Semi-Annual Report of the Inspector Gen- vakia, and Slovenia’’ ((RIN0579–AD20) (Dock- EC–8674. A communication from the Board eral for the period from April 1, 2012 through et No. APHIS–2008–043)) received in the Office Members, Railroad Retirement Board, trans- September 30, 2012; to the Committee on of the President of the Senate on December mitting, pursuant to law, the Railroad Re- Homeland Security and Governmental Af- 19, 2012; to the Committee on Agriculture, tirement Board’s Performance and Account- fairs. Nutrition, and Forestry. ability Report for Fiscal Year 2012, including EC–8686. A communication from the Ad- the Office of Inspector General’s Auditor’s EC–8695. A communication from the Direc- ministrator, Federal Emergency Manage- Report; to the Committee on Homeland Se- tor of the Regulatory Management Division, ment Agency, Department of Homeland Se- curity and Governmental Affairs. Environmental Protection Agency, transmit- curity, transmitting, pursuant to law, a re- EC–8675. A communication from the Chair- ting, pursuant to law, the report of a rule en- port relative to the cost of response and re- man of the Securities and Exchange Com- titled ‘‘Pyraflufen-ethyl; Extension of Time- covery efforts for FEMA–3353–EM in the mission, transmitting, pursuant to law, the Limited Pesticide Tolerances’’ (FRL No. State of Connecticut having exceeded the Semiannual Report of the Inspector General 9373–5) received in the Office of the President $5,000,000 limit for a single emergency dec- and a Management Report for the period of the Senate on December 20, 2012; to the laration; to the Committee on Homeland Se- from April 1, 2012 through September 30, 2012; Committee on Agriculture, Nutrition, and curity and Governmental Affairs. Forestry. to the Committee on Homeland Security and EC–8687. A communication from the Sec- EC–8696. A communication from the Acting Governmental Affairs. retary of Housing and Urban Development, Principal Deputy (Personnel and Readiness), EC–8676. A communication from the Pre- transmitting, pursuant to law, the Office of Department of Defense, transmitting, pursu- siding Governor of the Broadcasting Board of the Inspector General’s Semiannual Report ant to law, a report relative to the feasi- Governors, transmitting, pursuant to law, for the period of April 1, 2012 through Sep- bility and advisability of terminating the the Office of Inspector General’s Semiannual tember 30, 2012; to the Committee on Home- military technician as a distinct personnel Report for the period of April 1, 2012 through land Security and Governmental Affairs. September 30, 2012; to the Committee on EC–8688. A communication from the Dep- management category of the Department of Homeland Security and Governmental Af- uty Secretary of Defense, transmitting, pur- Defense; to the Committee on Armed Serv- fairs. suant to law, the Department of Defense’s ices . EC–8677. A communication from the Direc- Semiannual Report of the Inspector General EC–8697. A communication from the Senior tor, Office of Personnel Management, trans- for the period from April 1, 2012 through Sep- Procurement Executive/Deputy Chief Acqui- mitting, pursuant to law, the Semiannual tember 30, 2012; to the Committee on Home- sition Officer, Office of Acquisition Policy, Report of the Inspector General for the pe- land Security and Governmental Affairs. General Services Administration, transmit- riod from April 1, 2012 through September 30, EC–8689. A communication from the Ad- ting, pursuant to law, the report of a rule en- 2012 and the Management Response for the ministrator of the Environmental Protection titled ‘‘Federal Acquisition Regulation; period ending September 30, 2012; to the Agency, transmitting, pursuant to law, the Small Entity Compliance Guide’’ (FAC 2005– Committee on Homeland Security and Gov- Semi-Annual Report of the Inspector Gen- 63) received in the Office of the President of ernmental Affairs. eral for the period from April 1, 2012 through the Senate on December 21, 2012; to the Com- EC–8678. A communication from the Chair- September 30, 2012 and the Compendium of mittee on Homeland Security and Govern- man, Federal Maritime Commission, trans- Unimplemented Recommendations as of Sep- mental Affairs. mitting, pursuant to law, the Commission’s tember 30, 2012; to the Committee on Home- EC–8698. A communication from the Senior Fiscal Year 2012 Performance and Account- land Security and Governmental Affairs. Procurement Executive/Deputy Chief Acqui- ability Report; to the Committee on Home- EC–8690. A communication from the Chair- sition Officer, Office of Acquisition Policy, land Security and Governmental Affairs. man and President of the Export-Import General Services Administration, transmit- EC–8679. A communication from the Chair- Bank, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- man, Occupational Safety and Health Review Semi-Annual Report of the Inspector Gen- titled ‘‘Federal Acquisition Regulation; Iran Commission, transmitting, pursuant to law, eral for the period from April 1, 2012 through Threat Reduction’’ ((RIN9000–AM44) (FAC the Commission’s Performance and Account- September 30, 2012; to the Committee on 2005–63)) received in the Office of the Presi- ability Report for fiscal year 2012; to the Homeland Security and Governmental Af- dent of the Senate on December 21, 2012; to Committee on Homeland Security and Gov- fairs. the Committee on Homeland Security and ernmental Affairs. EC–8691. A communication from the Senior Governmental Affairs. EC–8680. A communication from the Acting Procurement Executive/Deputy Chief Acqui- Director of the Peace Corps, transmitting, sition Officer, Office of Acquisition Policy, EC–8699. A communication from the Sec- pursuant to law, the Office of Inspector Gen- General Services Administration, transmit- retary of Transportation, transmitting, pur- eral’s Semiannual Report for the period of ting, pursuant to law, the report of a rule en- suant to law, the Department of Transpor- April 1, 2012 through September 30, 2012; to titled ‘‘Federal Acquisition Regulation; tation’s Semiannual Report of the Inspector the Committee on Homeland Security and Small Entity Compliance Guide’’ (FAC 2005– General for the period from April 1, 2012 Governmental Affairs. 64) received in the Office of the President of through September 30, 2012; to the Com- EC–8681. A communication from the Chair the Senate on December 21, 2012; to the Com- mittee on Homeland Security and Govern- of the Equal Employment Opportunity Com- mittee on Homeland Security and Govern- mental Affairs. mission, transmitting, pursuant to law, the mental Affairs. EC–8700. A communication from the Acting Commission’s Semiannual Report of the In- EC–8692. A communication from the Senior Principal Deputy Assistant Secretary of De- spector General for the period from April 1, Procurement Executive/Deputy Chief Acqui- fense (Personnel and Readiness), transmit- 2012 through September 30, 2012; to the Com- sition Officer, Office of Acquisition Policy, ting a report on the approved retirement of mittee on Homeland Security and Govern- General Services Administration, transmit- Lieutenant General Harry M. Wyatt III, Air mental Affairs. ting, pursuant to law, the report of a rule en- National Guard of the United States, and his EC–8682. A communication from the Sec- titled ‘‘Federal Acquisition Regulation; Fed- advancement to the grade of lieutenant gen- retary of Education, transmitting, pursuant eral Acquisition Circular 2005–64, Introduc- eral on the retired list; to the Committee on to law, the Semiannual Report of the Office tion’’ (FAC 2005–64) received in the Office of Armed Services.

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.008 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8362 CONGRESSIONAL RECORD — SENATE December 21, 2012 EC–8701. A communication from the Acting of the Senate on December 20, 2012; to the BB97) received in the Office of the President Principal Deputy Assistant Secretary of De- Committee on Environment and Public of the Senate on December 20, 2012; to the fense (Reserve Affairs), transmitting, pursu- Works. Committee on Commerce, Science, and ant to law, the annual Equipment Trans- EC–8710. A communication from the Direc- Transportation. parency Report (ETR); to the Committee on tor of the Regulatory Management Division, EC–8718. A communication from the Attor- Armed Services. Environmental Protection Agency, transmit- ney-Advisor, Office of the General Counsel, EC–8702. A communication from the Comp- ting, pursuant to law, the report of a rule en- Department of Transportation, transmitting, troller of the Currency, Department of the titled ‘‘Regulation of Fuels and Fuel Addi- pursuant to law, a report relative to a va- Treasury, transmitting, pursuant to law, the tives: Modifications to the Transmix Provi- cancy in the position of Assistant Secretary Office of the Comptroller’s Annual Report to sions Under the Diesel Sulfur Program’’ for Budget and Programs and Chief Financial Congress; to the Committee on Banking, (FRL No. 9763–7) received in the Office of the Officer, received in the Office of the Presi- Housing, and Urban Affairs. President of the Senate on December 20, 2012; dent of the Senate on December 20, 2012; to EC–8703. A communication from the Assist- to the Committee on Environment and Pub- the Committee on Commerce, Science, and ant to the Board, Legal Division, Board of lic Works. Transportation. Governors of the Federal Reserve System, EC–8711. A communication from the Direc- EC–8719. A communication from the Assist- transmitting, pursuant to law, the report of tor of the Regulatory Management Division, ant Secretary, Legislative Affairs, Depart- a rule entitled ‘‘Community Reinvestment Environmental Protection Agency, transmit- ment of State, transmitting, certification of Act Regulations’’ (Docket No. R–1454) re- ting, pursuant to law, the report of a rule en- proposed issuance of an export license pursu- ceived on December 21, 2012; to the Com- titled ‘‘Approval and Promulgation of Air ant to section 36(c) of the Arms Export Con- mittee on Banking, Housing, and Urban Af- Quality Implementation Plans; Idaho; Up- trol Act (Transmittal No. DDTC 12–139); to fairs. date to Materials Incorporated by Ref- the Committee on Foreign Relations. EC–8704. A communication from the Asso- erence’’ (FRL No. 9726–4) received in the Of- EC–8720. A communication from the Assist- ciate Director, Office of Foreign Assets Con- fice of the President of the Senate on Decem- ant Secretary, Legislative Affairs, Depart- trol, Department of the Treasury, transmit- ber 20, 2012; to the Committee on Environ- ment of State, transmitting, certification of ting, pursuant to law, the report of a rule en- ment and Public Works. proposed issuance of an export license pursu- titled ‘‘Iranian Transactions and Sanctions EC–8712. A communication from the Direc- ant to section 36(c) of the Arms Export Con- Regulations’’ (31 CFR Part 560) received in tor of the Regulatory Management Division, trol Act (Transmittal No. DDTC 12–173); to the Office of the President of the Senate on Environmental Protection Agency, transmit- the Committee on Foreign Relations. December 20, 2012; to the Committee on ting, pursuant to law, the report of a rule en- EC–8721. A communication from the Assist- Banking , Housing, and Urban Affairs. titled ‘‘Approval and Promulgation of Air ant Secretary, Legislative Affairs, Depart- EC–8705. A communication from the Chief Quality Implementation Plans; West Vir- ment of State, transmitting, certification of Counsel, Federal Emergency Management ginia; Redesignation of the West Virginia proposed issuance of an export license pursu- Agency, Department of Homeland Security, Portion of the Huntington-Ashland, WV–KY– ant to section 36(c) of the Arms Export Con- transmitting, pursuant to law, the report of OH 1997 Annual Fine Particulate Matter trol Act (Transmittal No. DDTC 12–169); to a rule entitled ‘‘Final Flood Elevation Deter- Nonattainment Area to Attainment and Ap- the Committee on Foreign Relations. minations’’ ((44 CFR Part 67) (Docket No. proval of the Associated Maintenance Plan’’ EC–8722. A communication from the Assist- FEMA–2012–0003)) received in the Office of (FRL No. 9764–4) received in the Office of the ant Secretary of Legislative Affairs, Depart- the President of the Senate on December 19, President of the Senate on December 20, 2012; ment of the Treasury, transmitting, pursu- 2012; to the Committee on Banking, Housing, to the Committee on Environment and Pub- ant to law, the annual report of the National and Urban Affairs. lic Works. Advisory Council on International Monetary EC–8706. A communication from the Assist- EC–8713. A communication from the Chief and Financial Policies; to the Committee on ant General Counsel for Legislation, Regula- of the Publications and Regulations Branch, Foreign Relations. tion and Energy Efficiency, Department of Internal Revenue Service, Department of the EC–8723. A communication from the Assist- Energy, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the ant Legal Adviser for Treaty Affairs, Depart- report of a rule entitled ‘‘Energy Conserva- report of a rule entitled ‘‘Appeals Settle- ment of State, transmitting, pursuant to the tion Program for Consumer Products: Test ment Guidelines—Military Disability Retire- Case-Zablocki Act, 1 U.S.C. 112b, as amended, Procedures for Residential Water Heaters, ment Benefits’’ (UIL No: 104.04–00, 122.01–00) the report of the texts and background state- Direct Heating Equipment, and Pool Heaters received in the Office of the President of the ments of international agreements, other (Standby Mode and Off Mode)’’ (RIN1904– Senate on December 21, 2012; to the Com- than treaties (List 2012–0184—2012–0203); to AB95) received in the Office of the President mittee on Finance. the Committee on Foreign Relations. of the Senate on December 21, 2012; to the EC–8714. A communication from the Chief EC–8724. A communication from the Direc- Committee on Energy and Natural Re- of the Publications and Regulations Branch, tor of the Regulations, Legislation, and In- sources. Internal Revenue Service, Department of the terpretation Division, Wage and Hour Divi- EC–8707. A communication from the Ad- Treasury, transmitting, pursuant to law, the sion, Department of Labor, transmitting, ministrator of the U.S. Energy Information report of a rule entitled ‘‘Applicable Federal pursuant to law, the report of a rule entitled Administration, Department of Energy, Rates—January 2013’’ (Rev. Rul. 2013–1) re- ‘‘Nondisplacement of Qualified Workers transmitting, pursuant to law, a report enti- ceived in the Office of the President of the Under Service Contracts; Effective Date’’ tled ‘‘The Availability and Price of Petro- Senate on December 21, 2012; to the Com- (RIN1215–AB69; RIN1235–AA02) received in leum and Petroleum Products Produced in mittee on Finance. the Office of the President of the Senate on Countries Other Than Iran’’; to the Com- EC–8715. A communication from the Chief December 21, 2012; to the Committee on mittee on Energy and Natural Resources. of the Border Security Regulations Branch, Health, Education, Labor, and Pensions. EC–8708. A communication from the Direc- Customs and Border Protection, Department EC–8725. A communication from the Sec- tor of the Regulatory Management Division, of Homeland Security, transmitting, pursu- retary of Health and Human Services, trans- Environmental Protection Agency, transmit- ant to law, the report of a rule entitled mitting, pursuant to law, a report entitled ting, pursuant to law, the report of a rule en- ‘‘Closing of the Port of Whitetail, MT’’ ‘‘Delays in Approvals of Applications Re- titled ‘‘Approval and Promulgation of Imple- (RIN1651–AA93) received in the Office of the lated to Citizen Petitions and Petitions for mentation Plans and Designation of Areas President of the Senate on December 20, 2012; Stay of Agency Action for Fiscal Year 2011’’; for Air Quality Planning Purposes; Ken- to the Committee on Commerce, Science, to the Committee on Health, Education, tucky; Redesignation of the Kentucky Por- and Transportation. Labor, and Pensions. tion of the Huntington-Ashland, WV–KY–OH EC–8716. A communication from the Dep- EC–8726. A communication from the Sec- 1997 Annual Fine Particulate Matter Non- uty Assistant Administrator for Regulatory retary of Health and Human Services, trans- attainment Area to Attainment’’ (FRL No. Programs, Office of Sustainable Fisheries, mitting, pursuant to law, the Food and Drug 9763–9) received in the Office of the President Department of Commerce, transmitting, pur- Administration’s annual report on the per- of the Senate on December 20, 2012; to the suant to law, the report of a rule entitled formance evaluation of FDA-approved mam- Committee on Environment and Public ‘‘Temporary Rule to Increase the Commer- mography quality standards accreditation Works. cial Annual Catch Limit for South Atlantic bodies; to the Committee on Health, Edu- EC–8709. A communication from the Direc- Yellowtail Snapper’’ (RIN0648–BC59) received cation, Labor, and Pensions. tor of the Regulatory Management Division, in the Office of the President of the Senate EC–8727. A communication from the Fed- Environmental Protection Agency, transmit- on December 20, 2012; to the Committee on eral Register Liaison Officer, Alcohol and ting, pursuant to law, the report of a rule en- Commerce, Science, and Transportation. Tobacco Tax and Trade Bureau, Department titled ‘‘Approval and Promulgation of Imple- EC–8717. A communication from the Dep- of the Treasury, transmitting, pursuant to mentation Plans and Designation of Areas uty Assistant Administrator for Regulatory law, the report of a rule entitled ‘‘Small for Air Quality Planning Purposes; South Programs, Office of Sustainable Fisheries, Brewers Bond Reduction’’ (RIN1513–AB94) re- Carolina; Redesignation of the Charlotte- Department of Commerce, transmitting, pur- ceived in the Office of the President of the Gastonia-Rock Hill, North Carolina-South suant to law, the report of a rule entitled Senate on December 20, 2012; to the Com- Carolina 1997 8-Hour Ozone Moderate Non- ‘‘Fisheries of the Caribbean, Gulf of Mexico, mittee on the Judiciary. attainment Area to Attainment’’ (FRL No. and South Atlantic; Reef Fish Fishery of the EC–8728. A communication from the Fed- 9763–8) received in the Office of the President Gulf of Mexico; Amendment 35’’ (RIN0648– eral Liaison Officer, Patent and Trademark

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.011 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8363 Office, Department of Commerce, transmit- Colonel Curtis L. Williams, which nomina- which nominations were received by the Sen- ting, pursuant to law, the report of a rule en- tions were received by the Senate and ap- ate and appeared in the Congressional titled ‘‘Changes to Implement Micro Entity peared in the Congressional Record on De- Record on November 27, 2012. Status for Pay Patient Fees’’ (RIN0651–AC78) cember 5, 2012. Army nominations beginning with Chris- received in the Office of the President of the Air Force nomination of Lt. Gen. Stanley topher J. Cummings and ending with Ran- Senate on December 20, 2012; to the Com- E. Clarke III, to be Lieutenant General. dolph O. Petgrave, which nominations were mittee on the Judiciary. Army nomination of Col. Jody J. Daniels, received by the Senate and appeared in the EC–8729. A communication from the Chair to be Brigadier General. Congressional Record on November 27, 2012. of the Board of Directors, Office of Compli- Army nomination of Maj. Gen. Bernard S. Army nominations beginning with An- ance, transmitting, pursuant to law, a report Champoux, to be Lieutenant General. thony C. Adolph and ending with Sean M. relative to recommendations for improve- Army nomination of Col. Michael L. Wilson, which nominations were received by ments to the Congressional Accountability Scholes, to be Brigadier General. the Senate and appeared in the Congres- Act; to the Committee on Rules and Admin- Army nominations beginning with Colonel sional Record on November 27, 2012. istration. Christopher S. Ballard and ending with Colo- Army nominations beginning with Ronald nel Robert P. Walters, Jr., which nomina- L. Baker and ending with Michael T. Wright, f tions were received by the Senate and ap- which nominations were received by the Sen- PETITIONS AND MEMORIALS peared in the Congressional Record on De- ate and appeared in the Congressional cember 10, 2012. Record on November 27, 2012. The following petition or memorial Navy nomination of Rear Adm. (lh) Ran- Army nominations beginning with Terry was laid before the Senate and was re- dolph L. Mahr, to be Rear Admiral. L. Anderson and ending with G001094, which Marine Corps nomination of Lt. Gen. Ste- ferred or ordered to lie on the table as nominations were received by the Senate and ven A. Hummer, to be Lieutenant General. appeared in the Congressional Record on No- indicated: Marine Corps nomination of Lt. Gen. Rich- vember 27, 2012. POM–137 A resolution adopted by the Leg- ard T. Tryon, to be Lieutenant General. islature of Rockland County, New York, me- Army nominations beginning with Jose L. Mr. LEVIN. Mr. President, for the Aguilar and ending with D005615, which morializing Israel’s right to exist and to Committee on Armed Services I report take such actions as may be necessary to de- nominations were received by the Senate and fend itself against outside attacks; to the favorably the following nomination appeared in the Congressional Record on No- Committee on Foreign Relations. lists which were printed in the vember 27, 2012. RECORDS on the dates indicated, and Army nomination of Michael D. Shortt, to f ask unanimous consent, to save the ex- be Major. REPORTS OF COMMITTEES Army nomination of Delnora L. Erickson, pense of reprinting on the Executive to be Major. The following reports of committees Calendar that these nominations lie at Army nomination of Ronald D. Lain, to be were submitted: the Secretary’s desk for the informa- Lieutenant Colonel. Army nomination of Matthew J. By Mr. ROCKEFELLER, from the Com- tion of Senators. Burinskas, to be Colonel. mittee on Commerce, Science, and Transpor- The PRESIDING OFFICER. Without Army nomination of Ronald G. Cook, to be tation: objection, it is so ordered. Colonel. Report to accompany S. 911, a bill to estab- Air Force nominations beginning with Army nomination of David A. Cortese, to lish the sense of Congress that Congress Matthew W. Allinson and ending with Jef- be Lieutenant Colonel. frey D. Young, which nominations were re- should enact, and the President should sign, Army nomination of Charles J. Romero, to ceived by the Senate and appeared in the bipartisan legislation to strengthen public be Major. Congressional Record on November 27, 2012. safety and to enhance wireless communica- Army nominations beginning with Michael Air Force nominations beginning with tions (Rept. No. 112–260). D. Do and ending with Gregory S. Seese, Johan K. Ahn and ending with Jeffrey S. Report to accompany S. 1449, a bill to au- which nominations were received by the Sen- Williams, which nominations were received thorize the appropriation of funds for high- ate and appeared in the Congressional by the Senate and appeared in the Congres- way safety programs and for other purposes Record on December 5, 2012. sional Record on December 5, 2012. (Rept. No. 112–261). Army nominations beginning with Deepti Air Force nominations beginning with By Mr. AKAKA, from the Committee on S. Chitnis and ending with Gia K. Yi, which Laura A. Brodhag and ending with John D. Indian Affairs, with an amendment in the nominations were received by the Senate and Klein, which nominations were received by nature of a substitute: appeared in the Congressional Record on De- the Senate and appeared in the Congres- S. 1262. A bill to improve Indian education, cember 10, 2012. and for other purposes (Rept. No. 112–262). sional Record on December 17, 2012. Air Force nominations beginning with Wil- Army nominations beginning with Karin By Mr. AKAKA, from the Committee on R. Bilyard and ending with Bethany S. Indian Affairs, with amendments: liam R. Baez and ending with Bryce G. Whisler, which nominations were received by Zarndt, which nominations were received by S. 1684. A bill to amend the Indian Tribal the Senate and appeared in the Congres- Energy Development and Self-Determination the Senate and appeared in the Congres- sional Record on December 17, 2012. sional Record on December 10, 2012. Act of 2005, and for other purposes (Rept. No. Army nominations beginning with James 112–263). Air Force nominations beginning with Jake R. Atwood and ending with Michael R. E. Andrews II and ending with D010617, which f Zachar, which nominations were received by nominations were received by the Senate and appeared in the Congressional Record on De- EXECUTIVE REPORTS OF the Senate and appeared in the Congres- sional Record on December 17, 2012. cember 10, 2012. COMMITTEES Air Force nominations beginning with Army nominations beginning with Jacob The following executive reports of Kristen J. Beals and ending with Jianzhong W. Aaronson and ending with David W. Wolken, which nominations were received by nominations were submitted: J. Zhang, which nominations were received by the Senate and appeared in the Congres- the Senate and appeared in the Congres- By Mr. LEVIN for the Committee on sional Record on December 17, 2012. sional Record on December 10, 2012. Armed Services. Air Force nominations beginning with Army nominations beginning with Silas C. Air Force nomination of Maj. Gen. Lori J. Tansel Acar and ending with Brandon H. Wil- Abrenica and ending with Kevin M. Zeeb, Robinson, to be Lieutenant General. liams, which nominations were received by which nominations were received by the Sen- Air Force nomination of Maj. Gen. Gregory the Senate and appeared in the Congres- ate and appeared in the Congressional A. Biscone, to be Lieutenant General. sional Record on December 17, 2012. Record on December 10, 2012. Air Force nomination of Col. Lisa A. Air Force nominations beginning with Army nominations beginning with Lovie L. Naftzger-Kang, to be Brigadier General. Samuel E. Aikele and ending with Scott M. Abraham and ending with Vickee L. Wolcott, Air Force nominations beginning with Zelasko, which nominations were received which nominations were received by the Sen- Brigadier General William B. Binger and by the Senate and appeared in the Congres- ate and appeared in the Congressional ending with Brigadier General Sheila sional Record on December 17, 2012. Record on December 10, 2012. Zuehlke, which nominations were received Air Force nominations beginning with Army nomination of Alfred C. Anderson, to by the Senate and appeared in the Congres- Homayoun R. Ahmadian and ending with Joe be Major. sional Record on December 5, 2012. X. Zhang, which nominations were received Army nomination of Deanna R. Beech, to Air Force nominations beginning with by the Senate and appeared in the Congres- be Major. Brigadier General Paul L. Ayers and ending sional Record on December 17, 2012. Army nominations beginning with Shrrell with Brigadier General Brian G. Neal, which Army nomination of Robert W. Handy, to L. Byard and ending with Soo B. Kim, which nominations were received by the Senate and be Colonel. nominations were received by the Senate and appeared in the Congressional Record on De- Army nomination of James T. Seidule, to appeared in the Congressional Record on De- cember 5, 2012. be Colonel. cember 17, 2012. Air Force nominations beginning with Army nominations beginning with Mark A. Army nominations beginning with Donald Colonel Stephanie A. Gass and ending with Nozaki and ending with Matthew D. Ramsey, E. Layne and ending with Joseph F. Sucher,

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.013 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8364 CONGRESSIONAL RECORD — SENATE December 21, 2012 which nominations were received by the Sen- of the Department of the Treasury relating sponsor of amendment No. 3350 pro- ate and appeared in the Congressional to taxable medical devices; to the Com- posed to H.R. 1, a bill making appro- Record on December 17, 2012. mittee on Finance. priations for the Department of De- Navy nominations beginning with David f fense and the other departments and Sammett and ending with Timothy R. agencies of the Government for the fis- Durkin, which nominations were received by ADDITIONAL COSPONSORS the Senate and appeared in the Congres- cal year ending September 30, 2011, and sional Record on November 27, 2012. S. 32 for other purposes. Navy nominations beginning with Timothy At the request of Mr. LAUTENBERG, f R. Anderson and ending with George B. Wat- the name of the Senator from Delaware STATEMENTS ON INTRODUCED kins, which nominations were received by (Mr. COONS) was added as a cosponsor BILLS AND JOINT RESOLUTIONS the Senate and appeared in the Congres- of S. 32, a bill to prohibit the transfer sional Record on November 27, 2012. By Mr. BAUCUS (for himself, Mr. Navy nomination of John T. Volpe, to be or possession of large capacity ammu- KERRY, Ms. COLLINS, Mr. Commander. nition feeding devices, and for other Navy nomination of Tamara M. Sorensen, purposes. CARDIN, Mrs. SHAHEEN, Ms. to be Lieutenant Commander. S. 35 SNOWE, and Mr. CONRAD): S. 3705. A bill to establish a commis- Navy nomination of Joseph N. Kenan, to be At the request of Mr. LAUTENBERG, Lieutenant Commander. the name of the Senator from Delaware sion to develop a national strategy and By Mr. BAUCUS for the Committee on Fi- recommendations for reducing fatali- (Mr. COONS) was added as a cosponsor nance. ties resulting from child abuse and ne- *Albert G. Lauber, of the District of Co- of S. 35, a bill to establish background check procedures for gun shows. glect; to the Committee on Finance. lumbia, to be a Judge of the United States Mr. BAUCUS. Mr. President, Nelson Tax Court for the term of fifteen years. S. 818 *Ronald Lee Buch, of Virginia, to be a Mandela, the former president of South At the request of Mr. KERRY, the Africa, once said ‘‘Safety and security Judge of the United States Tax Court for a name of the Senator from New York term of fifteen years. don’t just happen; they are the result (Mr. SCHUMER) was added as a cospon- of collective consensus and public in- *Nomination was reported with rec- sor of S. 818, a bill to amend title XVIII ommendation that it be confirmed sub- vestment. We owe our children, the of the Social Security Act to count a most vulnerable citizens in our society, ject to the nominee’s commitment to period of receipt of outpatient observa- respond to requests to appear and tes- a life free of violence and fear.’’ tion services in a hospital toward satis- Today, I echo that call to protect our tify before any duly constituted com- fying the 3-day inpatient hospital re- mittee of the Senate. most vulnerable citizens as I join Sen- quirement for coverage of skilled nurs- ators KERRY, COLLINS, CARDIN, SHA- (Nominations without an asterisk ing facility services under Medicare. were reported with the recommenda- HEEN, SNOWE, and CONRAD to introduce S. 847 tion that they be confirmed.) the Protect Our Kids Act. At the request of Mr. LAUTENBERG, This important legislation estab- f the name of the Senator from Colorado lishes a special task force dedicated to INTRODUCTION OF BILLS AND (Mr. BENNET) was added as a cosponsor reducing child abuse and neglect in JOINT RESOLUTIONS of S. 847, a bill to amend the Toxic Sub- America. Comprised of our Nation’s top The following bills and joint resolu- stances Control Act to ensure that child welfare administrators and re- tions were introduced, read the first risks from chemicals are adequately searchers, law enforcement officers, and second times by unanimous con- understood and managed, and for other and other dedicated experts, this task sent, and referred as indicated: purposes. force would study and evaluate federal, By Mr. BAUCUS (for himself, Mr. S. 1468 state, and private child welfare sys- KERRY, Ms. COLLINS, Mr. CARDIN, At the request of Mrs. SHAHEEN, the tems and develop a comprehensive na- Mrs. SHAHEEN, Ms. SNOWE, and Mr. name of the Senator from Maine (Ms. tional strategy to prevent and reduce CONRAD): COLLINS) was added as a cosponsor of S. these tragic acts of violence. S. 3705. A bill to establish a commission to 1468, a bill to amend title XVIII of the Since 2002, more than 15,000 children develop a national strategy and rec- Social Security Act to improve access have died due to abuse and neglect. ommendations for reducing fatalities result- to diabetes self-management training This number is based on state-reported ing from child abuse and neglect; to the Child Protection Services data. But ad- Committee on Finance. by authorizing certified diabetes edu- By Mr. SCHUMER (for himself, Ms. cators to provide diabetes self-manage- vocates predict the true number is far MURKOWSKI, Mrs. BOXER, Mrs. ment training services, including as greater. MCCASKILL, Mr. BLUMENTHAL, Mr. part of telehealth services, under part We don’t have clear facts because CASEY, Mrs. FEINSTEIN, and Mrs. B of the Medicare program. currently, there is no national stand- GILLIBRAND): S. 3077 ard for collecting data on these young S. 3706. A bill to amend chapter 301 of title victims. Many state child protection At the request of Mr. PORTMAN, the 49, United States Code, to prohibit the rental agencies do not share vital data and names of the Senator from Florida (Mr. of motor vehicles that contain a defect re- statistics with other agencies, officials, lated to motor vehicle safety, and for other RUBIO) and the Senator from North Da- or law enforcement. purposes; to the Committee on Commerce, kota (Mr. HOEVEN) were added as co- Clearly, more must be done to better Science, and Transportation. sponsors of S. 3077, a bill to require the protect our Nation’s children. More By Mr. SCHUMER: Secretary of the Treasury to mint must be done to protect them from the S. 3707. A bill to authorize utilities to ob- coins in recognition and celebration of tain national criminal history background fear and terror of abuse, especially the Pro Football Hall of Fame. checks of certain employees in sensitive po- when the threat to their safety often sitions; to the Committee on the Judiciary. S. 3338 comes from those that should cherish By Mr. KYL: At the request of Mr. ENZI, the name them the most. S. 3708. A bill to encourage reporting of of the Senator from New Hampshire We need to bring this issue out of the child abuse; to the Committee on the Judici- (Mrs. SHAHEEN) was added as a cospon- shadows. It starts by learning more ary. sor of S. 3338, a bill to amend the Pub- By Mr. VITTER (for himself and Mr. about the tragic deaths of these chil- lic Health Service Act and title XVIII BROWN of Ohio): dren, so that we can prevent the sense- S. 3709. A bill to require a Government Ac- of the Social Security Act to make the less murders from happening again. countability Office examination of trans- provision of technical services for med- That is what this task force will do. actions between large financial institutions ical imaging examinations and radi- They will study the issue and develop a and the Federal Government, and for other ation therapy treatments safer, more national strategy and recommenda- purposes; considered and passed. accurate, and less costly. tions for improvements throughout the By Mr. PAUL: AMENDMENT NO. 3350 S.J. Res. 51. A joint resolution providing child welfare system. for congressional disapproval under chapter 8 At the request of Mr. TESTER, the According to Child Protection Serv- of title 5, United States Code, of the rule name of the Senator from California ices data, in Montana we reported zero submitted by the Internal Revenue Service (Mrs. FEINSTEIN) was added as a co- fatalities from child abuse and neglect

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.023 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8365 last year. While that of course sounds ‘‘§ 3014. Additional special assessment AMENDMENTS SUBMITTED AND like good news, the story is more com- ‘‘(a) In addition to the assessment imposed PROPOSED plicated. We have heard of at least under section 3013, the court shall assess on SA 3425. Mr. MERKLEY submitted an three child deaths related to abuse or any person other than an individual con- amendment intended to be proposed by him neglect. Some abuse is going unre- victed of an offense against the United to the bill H.R. 1, making appropriations for ported. And there are clear gaps in States an amount equal to 3 times the the Department of Defense and the other de- data between the agencies and in the amount that would be assessed on a person partments and agencies of the Government reporting. So I am urging my state to under section 3013 for the same offense. for the fiscal year ending September 30, 2011, elevate the standards of protective ‘‘(b) There is established in the Treasury a and for other purposes; which was ordered to services even higher. fund, to be known as the ‘Surcharge Fund’ lie on the table. Child Protection Services needs to (referred to in this section as the ‘Fund’), to SA 3426. Mr. HARKIN submitted an amend- be administered by the Secretary of Health ment intended to be proposed to amendment coordinate with other agencies. They and Human Services. need to share data so we can have a SA 3395 proposed by Mr. REID to the bill H.R. ‘‘(c) Notwithstanding section 3302 of title 1, supra; which was ordered to lie on the clear picture of the full scope of the 31, or any other law regarding the crediting table. problem. Everyone needs to work to- of money received for the Government, there SA 3427. Mr. NELSON, of Florida sub- gether to make sure that all Montana shall be deposited in the Fund an amount mitted an amendment intended to be pro- kids are safe. equal to the amount of the assessments col- posed to amendment SA 3404 submitted by Our Nation must tackle this issue lected under this section, which shall remain Mr. MERKLEY (for himself, Ms. STABENOW, head on. We must embrace our respon- available until expended. Mrs. MCCASKILL, Mr. BAUCUS, Mr. WYDEN, sibility to protect our children. We ‘‘(d) From amounts in the Fund, and with- Mr. FRANKEN, Mr. JOHNSON of South Dakota, need to provide them with safe, nur- out further appropriation, the Secretary of and Mr. UDALL of New Mexico) and intended turing environments and the support Health and Human Services shall, for fiscal to be proposed to the bill H.R. 1, supra; they need to thrive and succeed in our year 2013, and every 3 fiscal years thereafter, which was ordered to lie on the table. society. award a competitive grant with a grant pe- SA 3428. Mr. NELSON, of Florida sub- riod of 3 years and in the amount of $1,000,000 mitted an amendment intended to be pro- We need to make sure that kids have posed to amendment SA 3404 submitted by access to physical and mental health for each year to a private nonprofit organiza- tion that has a successful multi-year record Mr. MERKLEY (for himself, Ms. STABENOW, services, so they can grow into happy, of operating a national child abuse hotline, Mrs. MCCASKILL, Mr. BAUCUS, Mr. WYDEN, productive adults. We need to help which shall be used— Mr. FRANKEN, Mr. JOHNSON of South Dakota, children with mental illnesses by re- ‘‘(1) to operate such a hotline, which and Mr. UDALL of New Mexico) and intended ducing the stigma surrounding mental shall— to be proposed to the bill H.R. 1, supra; health services and ensuring that these ‘‘(A) operate 24 hours a day, 7 days a week, which was ordered to lie on the table. young people know there is a strong with individuals answering calls; SA 3429. Mr. NELSON, of Florida sub- support network backing them up. ‘‘(B) be staffed by individuals that are mitted an amendment intended to be pro- We should look at programs like trained to handle crisis counseling and child posed to amendment SA 3404 submitted by home visits, which currently provide abuse and neglect inquiries, including indi- Mr. MERKLEY (for himself, Ms. STABENOW, Mrs. MCCASKILL, Mr. BAUCUS, Mr. WYDEN, professional assistance, right at home, viduals with a background or advanced de- Mr. FRANKEN, Mr. JOHNSON of South Dakota, for more than 50,000 families across our grees in counseling, mental health, social work, or other related fields; and Mr. UDALL of New Mexico) and intended Nation, and see how they can be im- ‘‘(C) have the ability to provide assistance to be proposed to the bill H.R. 1, supra; proved to do an even better job sup- to callers in multiple languages; which was ordered to lie on the table. porting vulnerable families. ‘‘(D) have chat or text message capability SA 3430. Mr. LIEBERMAN submitted an We are blessed to live in the richest, to increase access and participation for chil- amendment intended to be proposed by him most powerful country in the world. dren and youth who may not be as likely to to the bill H.R. 1, supra; which was ordered We have to use every resource at our call on a telephone; and to lie on the table. disposal to strengthen our laws to en- ‘‘(E) provide— SA 3431. Mr. LIEBERMAN submitted an sure that all children are given a ‘‘(i) assistance in reporting incidences of amendment intended to be proposed by him chance to succeed in life. child abuse and neglect; to the bill H.R. 1, supra; which was ordered This bipartisan legislation we are in- ‘‘(ii) crisis counseling; to lie on the table. ‘‘(iii) referrals to relevant resources in the SA 3432. Mr. REID (for Mr. VITTER (for troducing today is a step in the right himself, Mr. WARNER, Mr. NELSON of Florida, direction to protect our kids. caller’s community; and ‘‘(iv) education and resources on the signs and Ms. LANDRIEU)) proposed an amendment I commend my colleagues Senators and symptoms of abuse, risk factors, par- to the bill H.R. 4212, to prevent the introduc- KERRY and COLLINS for their years of enting concerns, and adult survivor issues; tion into commerce of unsafe drywall, to en- tireless work, fighting for the rights of and sure the manufacturer of drywall is readily our children. The House of Representa- ‘‘(2) to encourage reporting of child abuse identifiable, to ensure that problematic tives has already acted on this legisla- and conduct public education on child abuse. drywall removed from homes is not reused, tion. Let us now join together and cre- ‘‘(e)(1) Effective on the day after the date and for other purposes. ate a life free of violence and fear for on which an award is made under subsection SA 3433. Mr. REID (for Mrs. MCCASKILL (for our most vulnerable citizens. (d), or, for a fiscal year in which no award is herself and Mr. BLUNT)) proposed an amend- Let us pass the Protect Our Kids Act. made under subsection (d), effective on Sep- ment to the bill H.R. 6364, to establish a tember 30 of that fiscal year, all unobligated commission to ensure a suitable observance By Mr. KYL: balances in the Fund shall be transferred to of the centennial of World War I, to provide S. 3708. A bill to encourage reporting the Crime Victims Fund established under for the designation of memorials to the serv- ice of members of the United States Armed of child abuse; to the Committee on the section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601). Forces in World War I, and for other pur- Judiciary. poses. ‘‘(2) Amounts transferred under paragraph Mr. KYL. Mr. President, I ask unani- SA 3434. Mr. REID (for Mr. VITTER (for (1)— mous consent that the text of the bill himself and Mr. BROWN of Ohio)) proposed an ‘‘(A) shall be available for any authorized be printed in the RECORD. amendment to the bill S. 3709, to require a purpose of the Crime Victims Fund; and There being no objection, the text of Government Accountability Office examina- ‘‘(B) shall remain available until expended. the bill was ordered to be printed in tion of transactions between large financial ‘‘(f) The amount assessed under subsection the RECORD, as follows: institutions and the Federal Government, (a) shall be collected in the manner that and for other purposes. S. 3708 fines are collected in criminal cases. Be it enacted by the Senate and House of Rep- ‘‘(g) The obligation to pay an assessment f resentatives of the United States of America in imposed on or after the date of enactment of Congress assembled, TEXT OF AMENDMENTS the SAFE Child Act shall not cease until the SECTION 1. SHORT TITLE. assessment is paid in full.’’. SA 3425. Mr. MERKLEY submitted an This Act may be cited as the ‘‘Stop Abuse (b) TECHNICAL AND CONFORMING AMEND- amendment intended to be proposed by For Every Child Act of 2012’’ or the ‘‘SAFE him to the bill H.R. 1, making appro- Child Act’’. MENT.—The table of sections for chapter 20 of title 18, United States Code, is amended by priations for the Department of De- SEC. 2. ADDITIONAL SPECIAL ASSESSMENT. inserting after the item relating to section (a) IN GENERAL.—Chapter 20 of title 18, fense and the other departments and United States Code, is amended by inserting 3013 the following: agencies of the Government for the fis- after section 3013 the following: ‘‘3014. Additional special assessment.’’. cal year ending September 30, 2011, and

VerDate Mar 15 2010 05:31 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.026 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8366 CONGRESSIONAL RECORD — SENATE December 21, 2012 for other purposes; which was ordered disease and pests, both domestic and other agreements entered into to carry out to lie on the table; as follows: invasive, over the decade preceding the date citrus disease research and development; and of the enactment of this Act, particularly (B) to cover administrative costs incurred On page 7, lines 18 and 19, strike ‘‘LIMITED from huanglongbing; by the Secretary in carrying out the provi- RESOURCE, BEGINNING, AND SOCIALLY DIS- ADVANTAGED FARMERS’’ and insert ‘‘LIMITED (8) huanglongbing threatens the entire sions of that section. (d) INVESTMENT OF TRUST FUND.— RESOURCE FARMERS, BEGINNING FARMERS, AND United States citrus industry because the (1) IN GENERAL.—The Secretary of the SOCIALLY DISADVANTAGED FARMERS’’. disease kills citrus trees; (9) as of the date of the enactment of this Treasury shall invest such portion of the SA 3426. Mr. HARKIN submitted an Act, there are no cost effective or environ- Trust Fund as is not required to meet cur- amendment intended to be proposed to mentally sound treatments available to sup- rent withdrawals in interest-bearing obliga- amendment SA 3395 proposed by Mr. press or eradicate huanglongbing; tions of the United States or in obligations (10) United States citrus producers work- guaranteed as to both principal and interest REID to the bill H.R. 1, making appro- ing with Federal and State governments by the United States. Such obligations may priations for the Department of De- have devoted tens of millions of dollars to- be acquired on original issue at the issue fense and the other departments and ward research and efforts to combat price or by purchase of outstanding obliga- agencies of the Government for the fis- huanglongbing and other diseases and pests, tions at the market price. Any obligation ac- cal year ending September 30, 2011, and but more funding is needed to develop and quired by the Trust Fund may be sold by the for other purposes; which was ordered commercialize disease and pest solutions; Secretary of the Treasury at the market to lie on the table; as follows: (11) although imports constitute an in- price. On page 81, strike lines 9 through 13 and in- creasing share of the United States market, (2) INTEREST AND PROCEEDS FROM SALE OR sert the following: ‘‘Provided further, That importers of citrus products into the United REDEMPTION OF OBLIGATIONS.—The interest obligations incurred for the purposes pro- States do not directly fund production re- on, and the proceeds from the sale or re- vided herein prior to the enactment of this search in the United States; demption of, any obligations held in the Act may be charged to this appropriation: (12) disease and pest suppression tech- Trust Fund shall be credited to and form a Provided further, That funds appropriated in nologies require determinations of safety part of the Trust Fund. this paragraph may be used to make grants and solutions must be commercialized before (e) REPORTS TO CONGRESS.—Not later than for renovating, repairing, or rebuilding non- use by citrus producers; January 15, 2013, and each year thereafter Fed-’’. (13) the complex processes involved in dis- until the year after the termination of the covery and commercialization of safe and ef- Trust Fund, the Secretary of the Treasury, SA 3427. Mr. NELSON of Florida sub- fective pest and disease suppression tech- in consultation with the Secretary of Agri- mitted an amendment intended to be nologies are expensive and lengthy and the culture, shall submit to Congress a report on proposed to amendment SA 3404 sub- need for the technologies is urgent; and the financial condition and the results of the (14) research to develop solutions to sup- operations of the Trust Fund that includes— mitted by Mr. MERKLEY (for himself, press huanglongbing, or other domestic and (1) a detailed description of the amounts Ms. STABENOW, Mrs. MCCASKILL, Mr. invasive pests and diseases will benefit all disbursed from the Trust Fund in the pre- BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. citrus producers and consumers around the ceding fiscal year and the manner in which JOHNSON of South Dakota, and Mr. world. those amounts were expended; UDALL of New Mexico) and intended to (b) PURPOSES.—The purposes of this title (2) an assessment of the financial condition be proposed to the bill H.R. 1, making are to authorize the establishment of a trust and the operations of the Trust Fund for the appropriations for the Department of to support scientific research, technical as- current fiscal year; and Defense and the other departments and sistance, and development activities to com- (3) an assessment of the amounts available agencies of the Government for the fis- bat citrus diseases and pests, both domestic in the Trust Fund for future expenditures. (f) SUNSET PROVISION.—The Trust Fund cal year ending September 30, 2011, and and invasive, harming the United States. (c) EFFECT ON OTHER ACTIVITIES.—Nothing shall terminate on December 31 of the fifth for other purposes; which was ordered in this title restricts the use of any funds for calendar year that begins after the date of to lie on the table; as follows: scientific research and technical activities in the enactment of this Act and all amounts in At the end of the amendment, add the fol- the United States. the Trust Fund on December 31 of that fifth lowing: CITRUS DISEASE RESEARCH AND DEVELOPMENT calendar year shall be transferred to the gen- CITRUS DISEASE RESEARCH AND TRUST FUND eral fund of the Treasury. DEVELOPMENT TRUST FUND SEC. 112. (a) ESTABLISHMENT.—There is es- CITRUS DISEASE RESEARCH AND DEVELOPMENT FINDINGS AND PURPOSES tablished in the Treasury of the United TRUST FUND ADVISORY BOARD SEC. 111. (a) FINDINGS.—Congress finds States a trust fund to be known as the ‘‘Cit- SEC. 113. (a) PURPOSE.—The purpose of this that— rus Disease Research and Development Trust section is to establish an orderly procedure (1) duties collected on imports of citrus Fund’’ (in this section referred to as the and financing mechanism for the develop- and citrus products have ranged from ‘‘Trust Fund’’), consisting of such amounts ment of an effective and coordinated pro- $50,000,000 to $87,000,000 annually since 2004, as may be transferred to the Trust Fund gram of research and product development and are projected to increase, as United under subsection (b)(1) and any amounts that relating to— States production declines due to the effects may be credited to the Trust Fund under (1) scientific research concerning diseases of huanglongbing (also known as ‘‘HLB’’ or subsection (d)(2). and pests, both domestic and invasive, af- ‘‘citrus greening disease’’) and imports in- (b) TRANSFER OF AMOUNTS.— flicting the citrus industry; and crease in response to the shortfall in the (1) IN GENERAL.—Subject to paragraph (2), (2) support for the dissemination and com- United States; the Secretary of Agriculture shall— mercialization of relevant information, tech- (2) in cases involving other similarly situ- (A) transfer to the Trust Fund from niques, and technologies discovered pursuant ated agricultural commodities, notably amounts appropriated to the Secretary to research funded through the Citrus Dis- wool, the Federal Government has chosen to under this title an amount the Secretary de- ease Research and Development Trust Fund divert a portion of the tariff revenue col- termines to be necessary for the purposes de- established under section 112 or through lected on imported products to support ef- scribed in subsection (c)(2); and other research projects intended to solve forts of the domestic industry to address (B) reduce on a pro rata basis amounts ap- problems caused by citrus production dis- challenges facing the industry; propriated for other programs under this eases and invasive pests. (3) citrus and citrus products are a highly title by the amount transferred to the Trust (b) DEFINITIONS.—In this section: nutritious and healthy part of a balanced Fund under subparagraph (A). (1) BOARD.—The term ‘‘Board’’ means the diet; (2) LIMITATION.—The amount transferred to Citrus Disease Research and Development (4) citrus production is an important part the Trust Fund under paragraph (1)(A) may Trust Fund Advisory Board established of the agricultural economy in Florida, Cali- not exceed $30,000,000. under this section. fornia, Arizona, and Texas; (c) AVAILABILITY OF AMOUNTS IN TRUST (2) CITRUS.— (5) in the most recent years preceding the FUND.— (A) IN GENERAL.—The term ‘‘citrus’’ means date of the enactment of this Act, citrus (1) AMOUNTS AVAILABLE UNTIL EXPENDED.— edible fruit of the family Rutaceae, com- fruits have been produced on 900,000 acres, Amounts in the Trust Fund shall remain monly called ‘‘citrus’’. yielding 11,000,000 tons of citrus products available until expended without further ap- (B) INCLUSION.—The term ‘‘citrus’’ includes with a value at the farm of more than propriation. all citrus hybrids and products of citrus hy- $3,200,000,000; (2) AVAILABILITY FOR CITRUS DISEASE RE- brids that are produced for commercial pur- (6) the commercial citrus sector employs SEARCH AND DEVELOPMENT EXPENDITURES.— poses in the United States. approximately 110,000 people and contributes Amounts in the Trust Fund shall be avail- (3) DEPARTMENT.—The term ‘‘Department’’ approximately $13,500,000,000 to the United able to the Secretary of Agriculture— means the Department of Agriculture. States economy; (A) for expenditures relating to citrus dis- (4) PERSON.—The term ‘‘person’’ means any (7) the United States citrus industry has ease research and development under section individual, group of individuals, firm, part- suffered billions of dollars in damage from 113, including costs relating to contracts or nership, corporation, joint stock company,

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.019 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8367 association, cooperative, or other legal enti- United States Code, while away from the (III) avoid duplicative and wasteful expend- ty. home or regular place of business of the itures; and (5) PRODUCER.—The term ‘‘producer’’ member in the performance of the duties of (viii) to provide the Secretary with such means any person that is engaged in the do- the Board. information and advice as the Secretary may mestic production and commercial sale of (3) POWERS.— request. citrus in the United States. (A) GIFTS.—The Board may accept, use, (5) CITRUS RESEARCH AND DEVELOPMENT (6) PROGRAM.—The term ‘‘program’’ means and dispose of gifts or donations of services AGENDA AND BUDGETS.— the citrus research and development pro- or property. (A) IN GENERAL.—The Board shall submit gram authorized under this section. (B) POSTAL SERVICES.—The Board may use annually to the Secretary a proposed re- (7) SECRETARY.—The term ‘‘Secretary’’ the United States mails in the same manner search and development agenda and budget means the Secretary of Agriculture. and under the same conditions as other agen- for the Trust Fund, which shall include— (8) TRUST FUND.—The term ‘‘Trust Fund’’ cies of the Federal Government. (i) an evaluation of ongoing research and means the Citrus Disease Research and De- (C) VOLUNTEER SERVICES.—Notwith- development efforts; velopment Trust Fund established under sec- standing section 1342 of title 31, United (ii) specific recommendations for new cit- tion 112. States Code, the Board may accept and use rus research projects; (c) IMPLEMENTATION.— the services of volunteers serving without (iii) a plan for the dissemination and com- (1) REGULATIONS.—Not later than 180 days compensation. mercialization of relevant information, tech- after the date of the enactment of this Act, (D) TECHNICAL AND LOGISTICAL SUPPORT.— niques, and technologies discovered pursuant the Secretary shall promulgate regulations Subject to the availability of funds, the Sec- to research funded through the Trust Fund; to carry out this section. retary shall provide to the Board technical and (2) CITRUS ADVISORY BOARD.— and logistical support through contract or (iv) a justification for Trust Fund expendi- (A) ESTABLISHMENT AND MEMBERSHIP.— other means, including— tures. STABLISHMENT (i) E .—The Citrus Disease (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- Research and Development Trust Fund Advi- (i) procuring the services of experts and consultants in accordance with section search and development agenda and budget sory Board shall consist of 9 members. may not be submitted by the Board to the (ii) MEMBERSHIP.—The members of the 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily Secretary without the affirmative support of Board shall be appointed by the Secretary. at least 7 members of the Board. (iii) STATUS.—Members of the Board rep- equivalent of the highest rate payable under (C) SECRETARIAL APPROVAL.— resent the interests of the citrus industry section 5332 of that title; and (i) IN GENERAL.—Not later than 60 days and shall not be considered officers or em- (ii) entering into contracts with depart- after receiving the proposed research and de- ployees of the Federal Government solely ments, agencies, and instrumentalities of the velopment agenda and budget from the due to membership on the Board. Federal Government, State agencies, and Board and consulting with the Board, the (B) DISTRIBUTION OF APPOINTMENTS.—The private entities for the preparation of re- Secretary shall finalize a citrus research and membership of the Board shall consist of— ports, surveys, and other activities. development agenda and Trust Fund budget. (i) 5 members who are domestic producers (E) DETAIL OF FEDERAL GOVERNMENT EM- (ii) CONSIDERATIONS.—In finalizing the of citrus in Florida; PLOYEES.— agenda and budget, the Secretary shall— (ii) 3 members who are domestic producers (i) IN GENERAL.—An employee of the Fed- (I) due to the proximity of citrus producers of citrus in Arizona or California; and eral Government may be detailed to the to the effects of diseases such as (iii) 1 member who is a domestic producer Commission on a reimbursable or nonreim- of citrus in Texas. bursable basis. huanglongbing and the quickly evolving na- ture of scientific understanding of the effect (C) CONSULTATION.—Prior to making ap- (ii) CIVIL SERVICE STATUS.—The detail of pointments to the Board, the Secretary shall the employee shall be without interruption of the diseases on citrus production, give consult with organizations composed pri- or loss of civil service status or privilege. strong deference to the proposed research marily of citrus producers to receive advice (F) GENERAL SERVICES ADMINISTRATION.— and development agenda and budget from the and recommendations regarding Board mem- The Administrator of General Services shall Board; and bership. provide to the Board on a reimbursable basis (II) take into account other public and pri- (D) BOARD VACANCIES.— administrative support and other services for vate citrus-related research and development (i) IN GENERAL.—The Secretary shall ap- the performance of the duties of the Board. projects and funding. point a new Board member to serve the re- (G) OTHER DEPARTMENTS AND AGENCIES.— (D) REPORT TO CONGRESS.—Each year, the mainder of a term vacated by a departing Departments and agencies of the United Secretary shall submit to the Committee on Board member. States may provide to the Board such serv- Agriculture and the Committee on Ways and (ii) REQUIREMENTS.—When filling a va- ices, funds, facilities, staff, and other sup- Means of the House of Representatives and cancy on the Board, the Secretary shall— port services as may be appropriate. the Committee on Agriculture, Nutrition, (I) appoint a citrus producer from the same (4) GENERAL RESPONSIBILITIES OF THE and Forestry and the Committee on Finance State as the Board member being replaced; BOARD.— of the Senate a report that includes— and (A) IN GENERAL.—The regulations promul- (i) the most recent citrus research and de- (II) prior to making an appointment, con- gated by the Secretary shall define the gen- velopment agenda and budget of the Sec- sult with organizations in that State com- eral responsibilities of the Board, which retary; posed primarily of citrus producers to re- shall include the responsibilities— (ii) an analysis of how, why, and to what ceive advice and recommendations regarding (i) to meet, organize, and select from extent the agenda and budget finalized by the vacancy. among the members of the Board a chair- the Secretary differs from the proposal of (E) TERMS.— person, other officers, and committees and the Board; (i) IN GENERAL.—Except as provided in subcommittees, as the Board determines to (iii) an examination of new developments clause (ii), each term of appointment to the be appropriate; in the spread and control of citrus diseases Board shall be for 5 years. (ii) to adopt and amend rules and regula- and pests; (ii) INITIAL APPOINTMENTS.—In making ini- tions governing the conduct of the activities (iv) a discussion of projected research tial appointments to the Board, the Sec- of the Board and the performance of the du- needs; and retary shall appoint 1⁄3 of the members to ties of the Board; (v) a review of the effectiveness of the terms of 1, 3, and 5 years, respectively. (iii) to hire such experts and consultants as Trust Fund in achieving the purpose de- (F) DISQUALIFICATION FROM BOARD SERV- the Board considers necessary to enable the scribed in subsection (a). ICE.—If a member or alternate of the Board Board to perform the duties of the Board; (6) CONTRACTS AND AGREEMENTS.—To en- who was appointed as a domestic producer (iv) to advise the Secretary on citrus re- sure the efficient use of funds, the Secretary ceases to be a producer in the State from search and development needs; may enter into contracts or agreements with which the member was appointed, or fails to (v) to propose a research and development public or private entities for the implemen- fulfill the duties of the member according to agenda and annual budgets for the Trust tation of a plan or project for citrus re- the rules established by the Board under Fund; search. paragraph (4)(A)(ii), the member or alternate (vi) to evaluate and review ongoing re- (d) ADMINISTRATIVE COSTS.—Each fiscal shall be disqualified from serving on the search funded by Trust Fund; year, the Secretary may transfer up to Board. (vii) to engage in regular consultation and $2,000,000 of amounts in the Trust Fund to (G) COMPENSATION.— collaboration with the Department and other the Board for expenses incurred by the Board (i) IN GENERAL.—The members of the Board institutional, governmental, and private ac- in carrying out the duties of the Board. shall serve without compensation, other tors conducting scientific research into the (e) TERMINATION OF BOARD.—The Board than travel expenses described in clause (ii). causes or treatments of citrus diseases and shall terminate on December 31 of the fifth (ii) TRAVEL EXPENSES.—A member of the pests, both domestic and invasive, so as to— calendar year that begins after the date of Board shall be allowed travel expenses, in- (I) maximize the effectiveness of the ac- the enactment of this Act. cluding per diem in lieu of subsistence, at tivities; rates authorized for an employee of an agen- (II) hasten the development of useful treat- SA 3428. Mr. NELSON of Florida sub- cy under subchapter I of chapter 57 of title 5, ments; and mitted an amendment intended to be

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.027 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8368 CONGRESSIONAL RECORD — SENATE December 21, 2012 proposed to amendment SA 3404 sub- (14) research to develop solutions to sup- ceding fiscal year and the manner in which mitted by Mr. MERKLEY (for himself, press huanglongbing, or other domestic and those amounts were expended; Ms. STABENOW, Mrs. MCCASKILL, Mr. invasive pests and diseases will benefit all (2) an assessment of the financial condition citrus producers and consumers around the and the operations of the Trust Fund for the BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. world. current fiscal year; and JOHNSON of South Dakota, and Mr. (b) PURPOSES.—The purposes of this title (3) an assessment of the amounts available UDALL of New Mexico) and intended to are to authorize the establishment of a trust in the Trust Fund for future expenditures. be proposed to the bill H.R. 1, making to support scientific research, technical as- (f) SUNSET PROVISION.—The Trust Fund appropriations for the Department of sistance, and development activities to com- shall terminate on December 31 of the fifth Defense and the other departments and bat citrus diseases and pests, both domestic calendar year that begins after the date of agencies of the Government for the fis- and invasive, harming the United States. the enactment of this Act and all amounts in cal year ending September 30, 2011, and (c) EFFECT ON OTHER ACTIVITIES.—Nothing the Trust Fund on December 31 of that fifth in this title restricts the use of any funds for calendar year shall be transferred to the gen- for other purposes; which was ordered scientific research and technical activities in eral fund of the Treasury. to lie on the table; as follows: the United States. CITRUS DISEASE RESEARCH AND DEVELOPMENT At the end of the amendment, add the fol- CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST FUND ADVISORY BOARD lowing: TRUST FUND SEC. 113. (a) PURPOSE.—The purpose of this CITRUS DISEASE RESEARCH AND SEC. 112. (a) ESTABLISHMENT.—There is es- section is to establish an orderly procedure DEVELOPMENT TRUST FUND tablished in the Treasury of the United and financing mechanism for the develop- FINDINGS AND PURPOSES States a trust fund to be known as the ‘‘Cit- ment of an effective and coordinated pro- SEC. 111. (a) FINDINGS.—Congress finds rus Disease Research and Development Trust gram of research and product development that— Fund’’ (in this section referred to as the relating to— (1) duties collected on imports of citrus ‘‘Trust Fund’’), consisting of such amounts (1) scientific research concerning diseases and citrus products have ranged from as may be transferred to the Trust Fund and pests, both domestic and invasive, af- $50,000,000 to $87,000,000 annually since 2004, under subsection (b)(1) and any amounts that flicting the citrus industry; and and are projected to increase, as United may be credited to the Trust Fund under (2) support for the dissemination and com- States production declines due to the effects subsection (d)(2). mercialization of relevant information, tech- of huanglongbing (also known as ‘‘HLB’’ or (b) TRANSFER OF AMOUNTS.— niques, and technologies discovered pursuant ‘‘citrus greening disease’’) and imports in- (1) IN GENERAL.—Subject to paragraph (2), to research funded through the Citrus Dis- crease in response to the shortfall in the the Secretary of Agriculture shall transfer ease Research and Development Trust Fund United States; to the Trust Fund, from the funds of the established under section 112 or through (2) in cases involving other similarly situ- Commodity Credit Corporation that the Sec- other research projects intended to solve ated agricultural commodities, notably retary would have otherwise used to carry problems caused by citrus production dis- wool, the Federal Government has chosen to out the amendments made by sections 101 eases and invasive pests. divert a portion of the tariff revenue col- and 102, an amount the Secretary determines (b) DEFINITIONS.—In this section: lected on imported products to support ef- to be necessary for the purposes described in (1) BOARD.—The term ‘‘Board’’ means the forts of the domestic industry to address subsection (c)(2). Citrus Disease Research and Development challenges facing the industry; (2) LIMITATION.—The amount transferred to Trust Fund Advisory Board established (3) citrus and citrus products are a highly the Trust Fund under paragraph (1) may not under this section. nutritious and healthy part of a balanced exceed $30,000,000. (2) CITRUS.— diet; (c) AVAILABILITY OF AMOUNTS IN TRUST (A) IN GENERAL.—The term ‘‘citrus’’ means (4) citrus production is an important part FUND.— edible fruit of the family Rutaceae, com- of the agricultural economy in Florida, Cali- (1) AMOUNTS AVAILABLE UNTIL EXPENDED.— monly called ‘‘citrus’’. fornia, Arizona, and Texas; Amounts in the Trust Fund shall remain (B) INCLUSION.—The term ‘‘citrus’’ includes (5) in the most recent years preceding the available until expended without further ap- all citrus hybrids and products of citrus hy- date of the enactment of this Act, citrus propriation. brids that are produced for commercial pur- fruits have been produced on 900,000 acres, (2) AVAILABILITY FOR CITRUS DISEASE RE- poses in the United States. yielding 11,000,000 tons of citrus products SEARCH AND DEVELOPMENT EXPENDITURES.— (3) DEPARTMENT.—The term ‘‘Department’’ with a value at the farm of more than Amounts in the Trust Fund shall be avail- means the Department of Agriculture. $3,200,000,000; able to the Secretary of Agriculture— (4) PERSON.—The term ‘‘person’’ means any (6) the commercial citrus sector employs (A) for expenditures relating to citrus dis- individual, group of individuals, firm, part- approximately 110,000 people and contributes ease research and development under section nership, corporation, joint stock company, approximately $13,500,000,000 to the United 113, including costs relating to contracts or association, cooperative, or other legal enti- States economy; other agreements entered into to carry out ty. (7) the United States citrus industry has citrus disease research and development; and (5) PRODUCER.—The term ‘‘producer’’ suffered billions of dollars in damage from (B) to cover administrative costs incurred means any person that is engaged in the do- disease and pests, both domestic and by the Secretary in carrying out the provi- mestic production and commercial sale of invasive, over the decade preceding the date sions of that section. citrus in the United States. of the enactment of this Act, particularly (d) INVESTMENT OF TRUST FUND.— (6) PROGRAM.—The term ‘‘program’’ means from huanglongbing; (1) IN GENERAL.—The Secretary of the the citrus research and development pro- (8) huanglongbing threatens the entire Treasury shall invest such portion of the gram authorized under this section. United States citrus industry because the Trust Fund as is not required to meet cur- (7) SECRETARY.—The term ‘‘Secretary’’ disease kills citrus trees; rent withdrawals in interest-bearing obliga- means the Secretary of Agriculture. (9) as of the date of the enactment of this tions of the United States or in obligations (8) TRUST FUND.—The term ‘‘Trust Fund’’ Act, there are no cost effective or environ- guaranteed as to both principal and interest means the Citrus Disease Research and De- mentally sound treatments available to sup- by the United States. Such obligations may velopment Trust Fund established under sec- press or eradicate huanglongbing; be acquired on original issue at the issue tion 112. (10) United States citrus producers work- price or by purchase of outstanding obliga- (c) IMPLEMENTATION.— ing with Federal and State governments tions at the market price. Any obligation ac- (1) REGULATIONS.—Not later than 180 days have devoted tens of millions of dollars to- quired by the Trust Fund may be sold by the after the date of the enactment of this Act, ward research and efforts to combat Secretary of the Treasury at the market the Secretary shall promulgate regulations huanglongbing and other diseases and pests, price. to carry out this section. but more funding is needed to develop and (2) INTEREST AND PROCEEDS FROM SALE OR (2) CITRUS ADVISORY BOARD.— commercialize disease and pest solutions; REDEMPTION OF OBLIGATIONS.—The interest (A) ESTABLISHMENT AND MEMBERSHIP.— (11) although imports constitute an in- on, and the proceeds from the sale or re- (i) ESTABLISHMENT.—The Citrus Disease creasing share of the United States market, demption of, any obligations held in the Research and Development Trust Fund Advi- importers of citrus products into the United Trust Fund shall be credited to and form a sory Board shall consist of 9 members. States do not directly fund production re- part of the Trust Fund. (ii) MEMBERSHIP.—The members of the search in the United States; (e) REPORTS TO CONGRESS.—Not later than Board shall be appointed by the Secretary. (12) disease and pest suppression tech- January 15, 2013, and each year thereafter (iii) STATUS.—Members of the Board rep- nologies require determinations of safety until the year after the termination of the resent the interests of the citrus industry and solutions must be commercialized before Trust Fund, the Secretary of the Treasury, and shall not be considered officers or em- use by citrus producers; in consultation with the Secretary of Agri- ployees of the Federal Government solely (13) the complex processes involved in dis- culture, shall submit to Congress a report on due to membership on the Board. covery and commercialization of safe and ef- the financial condition and the results of the (B) DISTRIBUTION OF APPOINTMENTS.—The fective pest and disease suppression tech- operations of the Trust Fund that includes— membership of the Board shall consist of— nologies are expensive and lengthy and the (1) a detailed description of the amounts (i) 5 members who are domestic producers need for the technologies is urgent; and disbursed from the Trust Fund in the pre- of citrus in Florida;

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(ii) 3 members who are domestic producers (i) IN GENERAL.—An employee of the Fed- (I) due to the proximity of citrus producers of citrus in Arizona or California; and eral Government may be detailed to the to the effects of diseases such as (iii) 1 member who is a domestic producer Commission on a reimbursable or nonreim- huanglongbing and the quickly evolving na- of citrus in Texas. bursable basis. ture of scientific understanding of the effect (C) CONSULTATION.—Prior to making ap- (ii) CIVIL SERVICE STATUS.—The detail of of the diseases on citrus production, give pointments to the Board, the Secretary shall the employee shall be without interruption strong deference to the proposed research consult with organizations composed pri- or loss of civil service status or privilege. and development agenda and budget from the marily of citrus producers to receive advice (F) GENERAL SERVICES ADMINISTRATION.— Board; and and recommendations regarding Board mem- The Administrator of General Services shall (II) take into account other public and pri- bership. provide to the Board on a reimbursable basis vate citrus-related research and development (D) BOARD VACANCIES.— administrative support and other services for projects and funding. (i) IN GENERAL.—The Secretary shall ap- the performance of the duties of the Board. (D) REPORT TO CONGRESS.—Each year, the point a new Board member to serve the re- (G) OTHER DEPARTMENTS AND AGENCIES.— Secretary shall submit to the Committee on mainder of a term vacated by a departing Departments and agencies of the United Agriculture and the Committee on Ways and Board member. States may provide to the Board such serv- Means of the House of Representatives and ices, funds, facilities, staff, and other sup- (ii) REQUIREMENTS.—When filling a va- the Committee on Agriculture, Nutrition, cancy on the Board, the Secretary shall— port services as may be appropriate. and Forestry and the Committee on Finance (I) appoint a citrus producer from the same (4) GENERAL RESPONSIBILITIES OF THE of the Senate a report that includes— BOARD.— State as the Board member being replaced; (i) the most recent citrus research and de- (A) IN GENERAL.—The regulations promul- and velopment agenda and budget of the Sec- gated by the Secretary shall define the gen- (II) prior to making an appointment, con- retary; eral responsibilities of the Board, which sult with organizations in that State com- (ii) an analysis of how, why, and to what shall include the responsibilities— posed primarily of citrus producers to re- extent the agenda and budget finalized by (i) to meet, organize, and select from ceive advice and recommendations regarding the Secretary differs from the proposal of among the members of the Board a chair- the vacancy. the Board; person, other officers, and committees and (E) TERMS.— (iii) an examination of new developments subcommittees, as the Board determines to in the spread and control of citrus diseases (i) IN GENERAL.—Except as provided in be appropriate; clause (ii), each term of appointment to the and pests; (ii) to adopt and amend rules and regula- (iv) a discussion of projected research Board shall be for 5 years. tions governing the conduct of the activities (ii) INITIAL APPOINTMENTS.—In making ini- needs; and of the Board and the performance of the du- (v) a review of the effectiveness of the tial appointments to the Board, the Sec- ties of the Board; retary shall appoint 1⁄3 of the members to Trust Fund in achieving the purpose de- (iii) to hire such experts and consultants as scribed in subsection (a). terms of 1, 3, and 5 years, respectively. the Board considers necessary to enable the (6) CONTRACTS AND AGREEMENTS.—To en- (F) DISQUALIFICATION FROM BOARD SERV- Board to perform the duties of the Board; ICE.—If a member or alternate of the Board sure the efficient use of funds, the Secretary (iv) to advise the Secretary on citrus re- may enter into contracts or agreements with who was appointed as a domestic producer search and development needs; public or private entities for the implemen- ceases to be a producer in the State from (v) to propose a research and development tation of a plan or project for citrus re- which the member was appointed, or fails to agenda and annual budgets for the Trust search. fulfill the duties of the member according to Fund; (d) ADMINISTRATIVE COSTS.—Each fiscal the rules established by the Board under (vi) to evaluate and review ongoing re- paragraph (4)(A)(ii), the member or alternate year, the Secretary may transfer up to search funded by Trust Fund; $2,000,000 of amounts in the Trust Fund to shall be disqualified from serving on the (vii) to engage in regular consultation and Board. the Board for expenses incurred by the Board collaboration with the Department and other in carrying out the duties of the Board. (G) COMPENSATION.— institutional, governmental, and private ac- (e) TERMINATION OF BOARD.—The Board (i) IN GENERAL.—The members of the Board tors conducting scientific research into the shall terminate on December 31 of the fifth shall serve without compensation, other causes or treatments of citrus diseases and calendar year that begins after the date of than travel expenses described in clause (ii). pests, both domestic and invasive, so as to— the enactment of this Act. (ii) TRAVEL EXPENSES.—A member of the (I) maximize the effectiveness of the ac- Board shall be allowed travel expenses, in- tivities; SA 3429. Mr. NELSON of Florida sub- cluding per diem in lieu of subsistence, at (II) hasten the development of useful treat- mitted an amendment intended to be rates authorized for an employee of an agen- ments; and proposed to amendment SA 3404 sub- cy under subchapter I of chapter 57 of title 5, (III) avoid duplicative and wasteful expend- United States Code, while away from the itures; and mitted by Mr. MERKLEY (for himself, home or regular place of business of the (viii) to provide the Secretary with such Ms. STABENOW, Mrs. MCCASKILL, Mr. member in the performance of the duties of information and advice as the Secretary may BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. the Board. request. JOHNSON of South Dakota, and Mr. (3) POWERS.— (5) CITRUS RESEARCH AND DEVELOPMENT UDALL of New Mexico) and intended to (A) GIFTS.—The Board may accept, use, AGENDA AND BUDGETS.— be proposed to the bill H.R. 1, making and dispose of gifts or donations of services (A) IN GENERAL.—The Board shall submit appropriations for the Department of or property. annually to the Secretary a proposed re- Defense and the other departments and (B) POSTAL SERVICES.—The Board may use search and development agenda and budget the United States mails in the same manner for the Trust Fund, which shall include— agencies of the Government for the fis- and under the same conditions as other agen- (i) an evaluation of ongoing research and cal year ending September 30, 2011, and cies of the Federal Government. development efforts; for other purposes; which was ordered (C) VOLUNTEER SERVICES.—Notwith- (ii) specific recommendations for new cit- to lie on the table; as follows: standing section 1342 of title 31, United rus research projects; At the end of the amendment, add the fol- States Code, the Board may accept and use (iii) a plan for the dissemination and com- lowing: the services of volunteers serving without mercialization of relevant information, tech- Subtitle B compensation. niques, and technologies discovered pursuant Citrus Disease Research and Development (D) TECHNICAL AND LOGISTICAL SUPPORT.— to research funded through the Trust Fund; Trust Fund Subject to the availability of funds, the Sec- and SHORT TITLE retary shall provide to the Board technical (iv) a justification for Trust Fund expendi- and logistical support through contract or tures. SEC. 111. This subtitle may be cited as the other means, including— (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- ‘‘Citrus Disease Research and Development (i) procuring the services of experts and search and development agenda and budget Trust Fund Act of 2012’’. consultants in accordance with section may not be submitted by the Board to the FINDINGS AND PURPOSES 3109(b) of title 5, United States Code, but at Secretary without the affirmative support of SEC. 112. (a) FINDINGS.—Congress finds rates for individuals not to exceed the daily at least 7 members of the Board. that— equivalent of the highest rate payable under (C) SECRETARIAL APPROVAL.— (1) duties collected on imports of citrus section 5332 of that title; and (i) IN GENERAL.—Not later than 60 days and citrus products have ranged from (ii) entering into contracts with depart- after receiving the proposed research and de- $50,000,000 to $87,000,000 annually since 2004, ments, agencies, and instrumentalities of the velopment agenda and budget from the and are projected to increase, as United Federal Government, State agencies, and Board and consulting with the Board, the States production declines due to the effects private entities for the preparation of re- Secretary shall finalize a citrus research and of huanglongbing (also known as ‘‘HLB’’ or ports, surveys, and other activities. development agenda and Trust Fund budget. ‘‘citrus greening disease’’) and imports in- (E) DETAIL OF FEDERAL GOVERNMENT EM- (ii) CONSIDERATIONS.—In finalizing the crease in response to the shortfall in the PLOYEES.— agenda and budget, the Secretary shall— United States;

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(2) in cases involving other similarly situ- CITRUS DISEASE RESEARCH AND DEVELOPMENT ceding fiscal year and the manner in which ated agricultural commodities, notably TRUST FUND those amounts were expended; wool, the Federal Government has chosen to SEC. 113. (a) IN GENERAL.—The Trade Act of ‘‘(2) an assessment of the financial condi- divert a portion of the tariff revenue col- 1974 (19 U.S.C. 2102 et seq.) is amended by tion and the operations of the Trust Fund for lected on imported products to support ef- adding at the end the following: the current fiscal year; and forts of the domestic industry to address ‘‘TITLE X—CITRUS DISEASE RESEARCH ‘‘(3) an assessment of the amounts avail- challenges facing the industry; AND DEVELOPMENT TRUST FUND able in the Trust Fund for future expendi- (3) citrus and citrus products are a highly tures. ‘‘SEC. 1001. CITRUS DISEASE RESEARCH AND DE- ‘‘(f) REMISSION OF SURPLUS FUNDS.—The nutritious and healthy part of a balanced VELOPMENT TRUST FUND. diet; Secretary of the Treasury may remit to the ‘‘(a) ESTABLISHMENT.—There is established general fund of the Treasury such amounts (4) citrus production is an important part in the Treasury of the United States a trust of the agricultural economy in Florida, Cali- as the Secretary of Agriculture reports to be fund to be known as the ‘Citrus Disease Re- in excess of the amounts necessary to meet fornia, Arizona, and Texas; search and Development Trust Fund’ (in this (5) in the most recent years preceding the the purposes of the Citrus Disease Research section referred to as the ‘Trust Fund’), con- and Development Trust Fund Act of 2012. date of the enactment of this Act, citrus sisting of such amounts as may be trans- fruits have been produced on 900,000 acres, ‘‘(g) SUNSET PROVISION.—The Trust Fund ferred to the Trust Fund under subsection shall terminate on December 31 of the fifth yielding 11,000,000 tons of citrus products (b)(1) and any amounts that may be credited with a value at the farm of more than calendar year that begins after the date of to the Trust Fund under subsection (d)(2). the enactment of the Citrus Disease Re- $3,200,000,000; ‘‘(b) TRANSFER OF AMOUNTS.— search and Development Trust Fund Act of (6) the commercial citrus sector employs ‘‘(1) IN GENERAL.—Subject to paragraph (2), 2012 and all amounts in the Trust Fund on approximately 110,000 people and contributes the Secretary of the Treasury shall transfer December 31 of that fifth calendar year shall approximately $13,500,000,000 to the United to the Trust Fund, from the general fund of be transferred to the general fund of the States economy; the Treasury, amounts determined by the Treasury. (7) the United States citrus industry has Secretary to be equivalent to amounts re- suffered billions of dollars in damage from ‘‘SEC. 1002. REPORTS REQUIRED BEFORE ENTER- ceived in the general fund that are attrib- ING INTO CERTAIN TRADE AGREE- disease and pests, both domestic and utable to the duties collected on articles MENTS. invasive, over the decade preceding the date that are citrus or citrus products classifiable ‘‘The President shall notify the chair- of the enactment of this Act, particularly under chapters 8, 20, 21, 22, and 33 of the Har- person and ranking member of the Com- from huanglongbing; monized Tariff Schedule of the United mittee on Finance of the Senate and the (8) huanglongbing threatens the entire States. Committee on Ways and Means of the House United States citrus industry because the ‘‘(2) LIMITATION.—The amount transferred of Representatives not later than 90 days be- disease kills citrus trees; to the Trust Fund under paragraph (1) in any fore entering into a trade agreement if the (9) as of the date of the enactment of this fiscal year may not exceed the lesser of— President determines that entering into the Act, there are no cost effective or environ- ‘‘(A) an amount equal to 1⁄3 of the amount trade agreement could result— mentally sound treatments available to sup- attributable to the duties received on arti- ‘‘(1) in a decrease in the amount of duties press or eradicate huanglongbing; cles described in paragraph (1); or collected on articles that are citrus or citrus (10) United States citrus producers work- ‘‘(B) $30,000,000. products classifiable under chapters 8, 20, 21, ing with Federal and State governments ‘‘(c) AVAILABILITY OF AMOUNTS IN TRUST 22, and 33 of the Harmonized Tariff Schedule have devoted tens of millions of dollars to- FUND.— of the United States; and ward research and efforts to combat ‘‘(1) AMOUNTS AVAILABLE UNTIL EX- ‘‘(2) in a decrease in the amount of funds huanglongbing and other diseases and pests, PENDED.—Amounts in the Trust Fund shall being transferred into the Citrus Disease Re- but more funding is needed to develop and remain available until expended without fur- search and Development Trust Fund under commercialize disease and pest solutions; ther appropriation. section 1001 so that amounts available in the (11) although imports constitute an in- ‘‘(2) AVAILABILITY FOR CITRUS DISEASE RE- Trust Fund are insufficient to meet the pur- creasing share of the United States market, SEARCH AND DEVELOPMENT EXPENDITURES.— poses of the Citrus Disease Research and De- importers of citrus products into the United Amounts in the Trust Fund shall be avail- velopment Trust Fund Act of 2012.’’. States do not directly fund production re- able to the Secretary of Agriculture— (b) CLERICAL AMENDMENT.—The table of search in the United States; ‘‘(A) for expenditures relating to citrus dis- contents for the Trade Act of 1974 is amended (12) disease and pest suppression tech- ease research and development under section by adding at the end the following: nologies require determinations of safety 114 of the Citrus Disease Research and Devel- ‘‘TITLE X—CITRUS DISEASE RESEARCH and solutions must be commercialized before opment Trust Fund Act of 2012, including AND DEVELOPMENT TRUST FUND costs relating to contracts or other agree- use by citrus producers; ‘‘Sec. 1001. Citrus Disease Research and De- (13) the complex processes involved in dis- ments entered into to carry out citrus dis- ease research and development; and velopment Trust Fund. covery and commercialization of safe and ef- ‘‘Sec. 1002. Reports required before entering ‘‘(B) to cover administrative costs incurred fective pest and disease suppression tech- into certain trade agree- by the Secretary in carrying out the provi- nologies are expensive and lengthy and the ments.’’. need for the technologies is urgent; and sions of that Act. ‘‘(d) INVESTMENT OF TRUST FUND.— CITRUS DISEASE RESEARCH AND DEVELOPMENT (14) research to develop solutions to sup- ‘‘(1) IN GENERAL.—The Secretary of the TRUST FUND ADVISORY BOARD press huanglongbing, or other domestic and Treasury shall invest such portion of the SEC. 114. (a) PURPOSE.—The purpose of this invasive pests and diseases will benefit all Trust Fund as is not required to meet cur- section is to establish an orderly procedure citrus producers and consumers around the rent withdrawals in interest-bearing obliga- and financing mechanism for the develop- world. tions of the United States or in obligations ment of an effective and coordinated pro- (b) PURPOSES.—The purposes of this sub- guaranteed as to both principal and interest gram of research and product development title are— by the United States. Such obligations may relating to— (1) to authorize the establishment of a be acquired on original issue at the issue (1) scientific research concerning diseases trust funded by certain tariff revenues to price or by purchase of outstanding obliga- and pests, both domestic and invasive, af- support scientific research, technical assist- tions at the market price. Any obligation ac- flicting the citrus industry; and ance, and development activities to combat quired by the Trust Fund may be sold by the (2) support for the dissemination and com- citrus diseases and pests, both domestic and Secretary of the Treasury at the market mercialization of relevant information, tech- invasive, harming the United States; and price. niques, and technologies discovered pursuant (2) to require the President to notify the ‘‘(2) INTEREST AND PROCEEDS FROM SALE OR to research funded through the Citrus Dis- chairperson and ranking member of the Com- REDEMPTION OF OBLIGATIONS.—The interest ease Research and Development Trust Fund mittee on Finance of the Senate and the on, and the proceeds from the sale or re- established under section 1001 of the Trade Committee on Ways and Means of the House demption of, any obligations held in the Act of 1974, as added by section 113(a) of this of Representatives before entering into any Trust Fund shall be credited to and form a Act, or through other research projects in- trade agreement that would decrease the part of the Trust Fund. tended to solve problems caused by citrus amount of duties collected on imports of cit- ‘‘(e) REPORTS TO CONGRESS.—Not later than production diseases and invasive pests. rus products to less than the amount nec- January 15, 2013, and each year thereafter (b) DEFINITIONS.—In this section: essary to provide the grants authorized by until the year after the termination of the (1) BOARD.—The term ‘‘Board’’ means the section 1001(d) of the Trade Act of 1974, as Trust Fund, the Secretary of the Treasury, Citrus Disease Research and Development added by section 113(a) of this Act. in consultation with the Secretary of Agri- Trust Fund Advisory Board established culture, shall submit to Congress a report on under this section. (c) EFFECT ON OTHER ACTIVITIES.—Nothing the financial condition and the results of the (2) CITRUS.— in this subtitle restricts the use of any funds operations of the Trust Fund that includes— (A) IN GENERAL.—The term ‘‘citrus’’ means for scientific research and technical activi- ‘‘(1) a detailed description of the amounts edible fruit of the family Rutaceae, com- ties in the United States. disbursed from the Trust Fund in the pre- monly called ‘‘citrus’’.

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(B) INCLUSION.—The term ‘‘citrus’’ includes shall be disqualified from serving on the (vii) to engage in regular consultation and all citrus hybrids and products of citrus hy- Board. collaboration with the Department and other brids that are produced for commercial pur- (G) COMPENSATION.— institutional, governmental, and private ac- poses in the United States. (i) IN GENERAL.—The members of the Board tors conducting scientific research into the (3) DEPARTMENT.—The term ‘‘Department’’ shall serve without compensation, other causes or treatments of citrus diseases and means the Department of Agriculture. than travel expenses described in clause (ii). pests, both domestic and invasive, so as to— (4) PERSON.—The term ‘‘person’’ means any (ii) TRAVEL EXPENSES.—A member of the (I) maximize the effectiveness of the ac- individual, group of individuals, firm, part- Board shall be allowed travel expenses, in- tivities; nership, corporation, joint stock company, cluding per diem in lieu of subsistence, at (II) hasten the development of useful treat- association, cooperative, or other legal enti- rates authorized for an employee of an agen- ments; and ty. cy under subchapter I of chapter 57 of title 5, (III) avoid duplicative and wasteful expend- (5) PRODUCER.—The term ‘‘producer’’ United States Code, while away from the itures; and means any person that is engaged in the do- home or regular place of business of the (viii) to provide the Secretary with such mestic production and commercial sale of member in the performance of the duties of information and advice as the Secretary may citrus in the United States. the Board. request. (6) PROGRAM.—The term ‘‘program’’ means (3) POWERS.— (5) CITRUS RESEARCH AND DEVELOPMENT the citrus research and development pro- (A) GIFTS.—The Board may accept, use, AGENDA AND BUDGETS.— gram authorized under this section. and dispose of gifts or donations of services (A) IN GENERAL.—The Board shall submit (7) SECRETARY.—The term ‘‘Secretary’’ or property. annually to the Secretary a proposed re- means the Secretary of Agriculture. (B) POSTAL SERVICES.—The Board may use search and development agenda and budget (8) TRUST FUND.—The term ‘‘Trust Fund’’ the United States mails in the same manner for the Trust Fund, which shall include— means the Citrus Disease Research and De- and under the same conditions as other agen- (i) an evaluation of ongoing research and velopment Trust Fund established under sec- cies of the Federal Government. development efforts; tion 1001 of the Trade Act of 1974, as added by (C) VOLUNTEER SERVICES.—Notwith- (ii) specific recommendations for new cit- section 113(a) of this Act. standing section 1342 of title 31, United rus research projects; States Code, the Board may accept and use (iii) a plan for the dissemination and com- (c) IMPLEMENTATION.— the services of volunteers serving without mercialization of relevant information, tech- (1) REGULATIONS.—Not later than 180 days compensation. niques, and technologies discovered pursuant after the date of the enactment of this Act, (D) TECHNICAL AND LOGISTICAL SUPPORT.— to research funded through the Trust Fund; the Secretary shall promulgate regulations Subject to the availability of funds, the Sec- and to carry out this section. retary shall provide to the Board technical (iv) a justification for Trust Fund expendi- (2) CITRUS ADVISORY BOARD.— and logistical support through contract or tures. (A) ESTABLISHMENT AND MEMBERSHIP.— other means, including— (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- (i) ESTABLISHMENT.—The Citrus Disease (i) procuring the services of experts and search and development agenda and budget Research and Development Trust Fund Advi- consultants in accordance with section may not be submitted by the Board to the sory Board shall consist of 9 members. 3109(b) of title 5, United States Code, but at Secretary without the affirmative support of (ii) MEMBERSHIP.—The members of the rates for individuals not to exceed the daily at least 7 members of the Board. Board shall be appointed by the Secretary. equivalent of the highest rate payable under (C) SECRETARIAL APPROVAL.— (iii) STATUS.—Members of the Board rep- section 5332 of that title; and (i) IN GENERAL.—Not later than 60 days resent the interests of the citrus industry (ii) entering into contracts with depart- after receiving the proposed research and de- and shall not be considered officers or em- ments, agencies, and instrumentalities of the velopment agenda and budget from the ployees of the Federal Government solely Federal Government, State agencies, and Board and consulting with the Board, the due to membership on the Board. private entities for the preparation of re- Secretary shall finalize a citrus research and (B) DISTRIBUTION OF APPOINTMENTS.—The ports, surveys, and other activities. development agenda and Trust Fund budget. membership of the Board shall consist of— (E) DETAIL OF FEDERAL GOVERNMENT EM- (ii) CONSIDERATIONS.—In finalizing the (i) 5 members who are domestic producers PLOYEES.— agenda and budget, the Secretary shall— of citrus in Florida; (i) IN GENERAL.—An employee of the Fed- (I) due to the proximity of citrus producers (ii) 3 members who are domestic producers eral Government may be detailed to the to the effects of diseases such as of citrus in Arizona or California; and Commission on a reimbursable or nonreim- huanglongbing and the quickly evolving na- (iii) 1 member who is a domestic producer bursable basis. ture of scientific understanding of the effect of citrus in Texas. (ii) CIVIL SERVICE STATUS.—The detail of of the diseases on citrus production, give (C) CONSULTATION.—Prior to making ap- the employee shall be without interruption strong deference to the proposed research pointments to the Board, the Secretary shall or loss of civil service status or privilege. and development agenda and budget from the consult with organizations composed pri- (F) GENERAL SERVICES ADMINISTRATION.— Board; and marily of citrus producers to receive advice The Administrator of General Services shall (II) take into account other public and pri- and recommendations regarding Board mem- provide to the Board on a reimbursable basis vate citrus-related research and development bership. administrative support and other services for projects and funding. (D) BOARD VACANCIES.— the performance of the duties of the Board. (D) REPORT TO CONGRESS.—Each year, the (i) IN GENERAL.—The Secretary shall ap- (G) OTHER DEPARTMENTS AND AGENCIES.— Secretary shall submit to the Committee on point a new Board member to serve the re- Departments and agencies of the United Agriculture and the Committee on Ways and mainder of a term vacated by a departing States may provide to the Board such serv- Means of the House of Representatives and Board member. ices, funds, facilities, staff, and other sup- the Committee on Agriculture, Nutrition, (ii) REQUIREMENTS.—When filling a va- port services as may be appropriate. and Forestry and the Committee on Finance cancy on the Board, the Secretary shall— (4) GENERAL RESPONSIBILITIES OF THE of the Senate a report that includes— (I) appoint a citrus producer from the same BOARD.— (i) the most recent citrus research and de- State as the Board member being replaced; (A) IN GENERAL.—The regulations promul- velopment agenda and budget of the Sec- and gated by the Secretary shall define the gen- retary; (II) prior to making an appointment, con- eral responsibilities of the Board, which (ii) an analysis of how, why, and to what sult with organizations in that State com- shall include the responsibilities— extent the agenda and budget finalized by posed primarily of citrus producers to re- (i) to meet, organize, and select from the Secretary differs from the proposal of ceive advice and recommendations regarding among the members of the Board a chair- the Board; the vacancy. person, other officers, and committees and (iii) an examination of new developments (E) TERMS.— subcommittees, as the Board determines to in the spread and control of citrus diseases (i) IN GENERAL.—Except as provided in be appropriate; and pests; clause (ii), each term of appointment to the (ii) to adopt and amend rules and regula- (iv) a discussion of projected research Board shall be for 5 years. tions governing the conduct of the activities needs; and (ii) INITIAL APPOINTMENTS.—In making ini- of the Board and the performance of the du- (v) a review of the effectiveness of the tial appointments to the Board, the Sec- ties of the Board; Trust Fund in achieving the purpose de- retary shall appoint 1⁄3 of the members to (iii) to hire such experts and consultants as scribed in subsection (a). terms of 1, 3, and 5 years, respectively. the Board considers necessary to enable the (6) CONTRACTS AND AGREEMENTS.—To en- (F) DISQUALIFICATION FROM BOARD SERV- Board to perform the duties of the Board; sure the efficient use of funds, the Secretary ICE.—If a member or alternate of the Board (iv) to advise the Secretary on citrus re- may enter into contracts or agreements with who was appointed as a domestic producer search and development needs; public or private entities for the implemen- ceases to be a producer in the State from (v) to propose a research and development tation of a plan or project for citrus re- which the member was appointed, or fails to agenda and annual budgets for the Trust search. fulfill the duties of the member according to Fund; (d) ADMINISTRATIVE COSTS.—Each fiscal the rules established by the Board under (vi) to evaluate and review ongoing re- year, the Secretary may transfer up to paragraph (4)(A)(ii), the member or alternate search funded by Trust Fund; $2,000,000 of amounts in the Trust Fund to

VerDate Mar 15 2010 04:23 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.028 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8372 CONGRESSIONAL RECORD — SENATE December 21, 2012 the Board for expenses incurred by the Board of Florida, and Ms. LANDRIEU)) pro- the Consumer Product Safety Act (15 U.S.C. in carrying out the duties of the Board. posed an amendment to the bill H.R. 2058). (e) TERMINATION OF BOARD.—The Board 4212, to prevent the introduction into (c) EXCEPTION.— shall terminate on December 31 of the fifth (1) VOLUNTARY STANDARD.—Subsection (a) calendar year that begins after the date of commerce of unsafe drywall, to ensure shall not apply if the Commission deter- the enactment of this Act. the manufacturer of drywall is readily mines that— TIME FOR PAYMENT OF CORPORATE ESTIMATED identifiable, to ensure that problem- (A) a voluntary standard pertaining to TAXES atic drywall removed from homes is drywall manufactured or imported for use in SEC. 115. Notwithstanding section 6655 of not reused, and for other purposes; as the United States limits sulfur content to a the Internal Revenue Code of 1986— follows: level not associated with elevated rates of (1) in the case of a corporation with assets Strike all after the enacting clause and in- corrosion in the home; of not less than $1,000,000,000 (determined as sert the following: (B) such voluntary standard is or will be in effect not later than two years after the date of the end of the preceding taxable year), the SECTION 1. SHORT TITLE. amount of any required installment of cor- This Act may be cited as the ‘‘Drywall of enactment of this Act; and porate estimated tax which is otherwise due Safety Act of 2012’’. (C) such voluntary standard is developed by Subcommittee C11.01 on Specifications in July, August, or September of 2017 shall SEC. 2. SENSE OF CONGRESS. and Test Methods for Gypsum Products of be increased by 0.25 percent of such amount It is the sense of Congress that— ASTM International. (determined without regard to any increase (1) the Secretary of Commerce should in- (2) FEDERAL REGISTER.—Any determination in such amount not contained in such Code); sist that the Government of the People’s Re- made under paragraph (1) shall be published and public of China, which has ownership inter- in the Federal Register. (2) the amount of the next required install- ests in the companies that manufactured and (d) TREATMENT OF VOLUNTARY STANDARD ment after an installment referred to in exported problematic drywall to the United paragraph (1) shall be appropriately reduced FOR PURPOSES OF ENFORCEMENT.—If the Com- States, facilitate a meeting between the mission determines that a voluntary stand- to reflect the amount of the increase by rea- companies and representatives of the United son of such paragraph. ard meets the conditions in subsection (c)(1), States Government on remedying home- the sulfur content limit in such voluntary EXTENSION OF CUSTOMS USER FEES owners that have problematic drywall in standard shall be treated as a consumer SEC. 116. Section 13031(j)(3) of the Consoli- their homes; and product safety rule promulgated under sec- dated Omnibus Budget Reconciliation Act of (2) the Secretary of Commerce should in- tion 9 of the Consumer Product Safety Act 1985 (19 U.S.C. 58c(j)(3)) is amended by adding sist that the Government of the People’s Re- (15 U.S.C. 2058) beginning on the date that is at the end the following: public of China direct the companies that the later of— ‘‘(C)(i) Notwithstanding subparagraph (A), manufactured and exported problematic (1) 180 days after publication of the Com- fees may be charged under paragraphs (9) and drywall to submit to jurisdiction in United mission’s determination under subsection (10) of subsection (a) during the period begin- States Federal Courts and comply with any (c); or ning on October 23, 2021, and ending on No- decisions issued by the Courts for home- (2) the effective date contained in the vol- vember 6, 2021. owners with problematic drywall. untary standard. ‘‘(ii) Notwithstanding subparagraph (B)(i), SEC. 3. DRYWALL LABELING REQUIREMENT. (e) REVISION OF VOLUNTARY STANDARD.—If fees may be charged under paragraphs (1) (a) LABELING REQUIREMENT.—Beginning 180 the sulfur content limit of a voluntary through (8) of subsection (a) during the pe- days after the date of the enactment of this standard that met the conditions of sub- riod beginning on October 30, 2021, and end- Act, the gypsum board labeling provisions of section (c)(1) is subsequently revised, the or- ing on November 13, 2021.’’. standard ASTM C1264-11 of ASTM Inter- ganization responsible for the standard shall SA 3430. Mr. LIEBERMAN submitted national, as in effect on the day before the notify the Commission no later than 60 days date of the enactment of this Act, shall be after final approval of the revision. The sul- an amendment intended to be proposed treated as a rule promulgated by the Con- fur content limit of the revised voluntary by him to the bill H.R. 1, making ap- sumer Product Safety Commission under standard shall become enforceable as a Com- propriations for the Department of De- section 14(c) of the Consumer Product Safety mission rule promulgated under section 9 of fense and the other departments and Act (15 U.S.C. 2063(c)). the Consumer Product Safety Act (15 U.S.C. agencies of the Government for the fis- (b) REVISION OF STANDARD.—If the gypsum 2058), in lieu of the prior version, effective cal year ending September 30, 2011, and board labeling provisions of the standard re- 180 days after the Commission is notified of for other purposes; which was ordered ferred to in subsection (a) are revised on or the revision (or such later date as the Com- to lie on the table; as follows: after the date of the enactment of this Act, mission considers appropriate), unless within ASTM International shall notify the Com- 90 days after receiving that notice the Com- On page 69, strike line 1 and insert the fol- mission of such revision no later than 60 mission determines that the sulfur content lowing: days after final approval of the revision by limit of the revised voluntary standard does (m) HOUSES OF WORSHIP.—For purposes of ASTM International. The revised provisions not meet the requirements of subsection providing assistance under the Robert T. shall be treated as a rule promulgated by the (c)(1)(A), in which case the Commission shall Stafford Disaster Relief and Emergency As- Commission under section 14(c) of such Act continue to enforce the prior version. sistance Act (42 U.S.C. 5121 et seq.) relating (15 U.S.C. 2063(c)), in lieu of the prior (f) FUTURE RULEMAKING.—The Commission, to a major disaster declared by the President at any time subsequent to publication of the under section 401 of such Act (42 U.S.C. 5170) version, effective 180 days after the Commis- sion is notified of the revision (or such later consumer product safety rule required by relating to Hurricane Sandy, the term ‘‘pri- subsection (a) or a determination under sub- vate nonprofit facility’’ shall include a house date as the Commission considers appro- priate), unless within 90 days after receiving section (c), may initiate a rulemaking in ac- of worship. cordance with section 553 of title 5, United (n) APPLICABILITY.—Unless otherwise speci- that notice the Commission determines that States Code, to modify the sulfur content fied, the revised provisions do not adequately identify gypsum board by manufacturer and limit or to include any provision relating SA 3431. Mr. LIEBERMAN submitted month and year of manufacture, in which only to the composition or characteristics of an amendment intended to be proposed case the Commission shall continue to en- drywall that the Commission determines is by him to the bill H.R. 1, making ap- force the prior version. reasonably necessary to protect public health or safety. Any rule promulgated propriations for the Department of De- SEC. 4. SULFUR CONTENT IN DRYWALL STAND- ARD. under this subsection shall be treated as a fense and the other departments and (a) RULE ON SULFUR CONTENT IN DRYWALL consumer product safety rule promulgated agencies of the Government for the fis- REQUIRED.—Except as provided in subsection under section 9 of the Consumer Product cal year ending September 30, 2011, and (c), not later than 2 years after the date of Safety Act (15 U.S.C. 2058). for other purposes; which was ordered the enactment of this Act, the Consumer SEC. 5. REVISION OF REMEDIATION GUIDANCE to lie on the table; as follows: Product Safety Commission shall promul- FOR DRYWALL DISPOSAL REQUIRED. On page 69, strike line 1 and insert the fol- gate a final rule pertaining to drywall manu- Not later than 120 days after the date of lowing: factured or imported for use in the United the enactment of this Act, the Consumer (m) HOUSES OF WORSHIP.—Section States that limits sulfur content to a level Product Safety Commission shall revise its 102(10)(B) of the Robert T. Stafford Disaster not associated with elevated rates of corro- guidance entitled ‘‘Remediation Guidance Relief and Emergency Assistance Act (42 sion in the home. for Homes with Corrosion from Problem U.S.C. 5122(10)(B)) is amended by inserting (b) RULE MAKING; CONSUMER PRODUCT Drywall’’ to specify that problematic ‘‘houses of worship and’’ before ‘‘any private SAFETY STANDARD.—A rule under subsection drywall removed from homes pursuant to the nonprofit facility’’. (a)— guidance should not be reused or used as a (n) APPLICABILITY.—Unless otherwise speci- (1) shall be promulgated in accordance component in production of new drywall. fied, with section 553 of title 5, United States Code; and SA 3433. Mr. REID (for Mrs. MCCAS- SA 3432. Mr. REID (for Mr. VITTER (2) shall be treated as a consumer product KILL (for herself and Mr. BLUNT)) pro- (for himself, Mr. WARNER, Mr. NELSON safety rule promulgated under section 9 of posed an amendment to the bill H.R.

VerDate Mar 15 2010 04:28 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.028 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8373 6364, to establish a commission to en- (3) VETERANS SERVICE ORGANIZATION.—The participate in activities commemorating the sure a suitable observance of the cen- term ‘‘veterans service organization’’ means centennial of World War I. tennial of World War I, to provide for any organization recognized by the Sec- (3) To facilitate and coordinate activities the designation of memorials to the retary of Veterans Affairs for the representa- throughout the United States relating to the tion of veterans under section 5902 of title 38, centennial of World War I. service of members of the United United States Code. (4) To serve as a clearinghouse for the col- States Armed Forces in World War I, SEC. 4. ESTABLISHMENT OF WORLD WAR I CEN- lection and dissemination of information and for other purposes; as follows: TENNIAL COMMISSION. about events and plans for the centennial of Strike all after the enacting clause and in- (a) ESTABLISHMENT.—There is established a World War I. sert the following: commission to be known as the ‘‘World War (5) To develop recommendations for Con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. I Centennial Commission’’. gress and the President for commemorating (a) SHORT TITLE.—This Act may be cited as (b) MEMBERSHIP.— the centennial of World War I. the ‘‘World War I Centennial Commission (1) COMPOSITION.—The Centennial Commis- (b) REPORTS.— Act’’. sion shall be composed of 12 members as fol- (1) PERIODIC REPORT.—Not later than the (b) TABLE OF CONTENTS.—The table of con- lows: last day of the 6-month period beginning on tents for this Act is as follows: (A) Two members who shall be appointed the date of the enactment of this Act, and not later than the last day of each 3-month Sec. 1. Short title; table of contents. by the Speaker of the House of Representa- period thereafter, the Centennial Commis- Sec. 2. Findings. tives. Sec. 3. Definitions. (B) One member who shall be appointed by sion shall submit to Congress and the Presi- Sec. 4. Establishment of World War I Cen- the minority leader of the House of Rep- dent a report on the activities and plans of tennial Commission. resentatives. the Centennial Commission. Sec. 5. Duties of Centennial Commission. (C) Two members who shall be appointed (2) RECOMMENDATIONS.—Not later than 2 Sec. 6. Powers of Centennial Commission. by the majority leader of the Senate. years after the date of the enactment of this Sec. 7. Centennial Commission personnel (D) One member who shall be appointed by Act, the Centennial Commission shall sub- matters. the minority leader of the Senate. mit to Congress and the President a report Sec. 8. Termination of Centennial Commis- (E) Three members who shall be appointed containing specific recommendations for sion. by the President from among persons who commemorating the centennial of World War Sec. 9. Prohibition on obligation of Federal are broadly representative of the people of I and coordinating related activities. funds. the United States (including members of the SEC. 6. POWERS OF CENTENNIAL COMMISSION. SEC. 2. FINDINGS. Armed Forces, veterans, and representatives (a) HEARINGS.—The Centennial Commission Congress makes the following findings: of veterans service organizations). may hold such hearings, sit and act at such (1) From 2014 through 2018, the United (F) One member who shall be appointed by times and places, take such testimony, and States and nations around the world will the executive director of the Veterans of receive such evidence as the Centennial mark the centennial of World War I, includ- Foreign Wars of the United States. Commission considers appropriate to carry ing the entry of the United States into the (G) One member who shall be appointed by out its duties under this Act. (b) POWERS OF MEMBER AND AGENTS.—If au- war in April 1917. the executive director of the American Le- thorized by the Centennial Commission, any (2) America’s support of Great Britain, gion. member or agent of the Centennial Commis- France, Belgium, and its other allies in (H) One member who shall be appointed by sion may take any action which the Centen- World War I marked the first time in United the president of the Liberty Memorial Asso- nial Commission is authorized to take under ciation. States history that American soldiers went this Act. (2) TIME FOR APPOINTMENT.—The members abroad in defense of liberty against foreign (c) INFORMATION FROM FEDERAL AGEN- aggression, and it marked the true beginning of the Centennial Commission shall be ap- CIES.—The Centennial Commission shall se- of the ‘‘American century’’. pointed not later than 60 days after the date cure directly from any Federal department (3) Although World War I was at the time of the enactment of this Act. or agency such information as the Centen- called ‘‘the war to end all wars’’, in fact the (3) PERIOD OF APPOINTMENT.—Each member nial Commission considers necessary to United States would commit its troops to shall be appointed for the life of the Centen- carry out the provisions of this Act. Upon the defense of foreign lands 3 more times in nial Commission. the request of the Chair of the Centennial the 20th century. (4) VACANCIES.—A vacancy in the Centen- Commission, the head of such department or (4) More than 4,000,000 men and women nial Commission shall be filled in the man- agency shall furnish such information to the from the United States served in uniform ner in which the original appointment was Centennial Commission. during World War I, among them 2 future made. (d) ADMINISTRATIVE SUPPORT SERVICES.— presidents, Harry S. Truman and Dwight D. (c) MEETINGS.— Upon the request of the Centennial Commis- Eisenhower. Two million individuals from (1) INITIAL MEETING.— sion, the Administrator of the General Serv- the United States served overseas during (A) IN GENERAL.—Not later than 30 days ices Administration shall provide to the Cen- World War I, including 200,000 naval per- after the date on which all members of the tennial Commission, on a reimbursable sonnel who served on the seas. The United Centennial Commission have been appointed, basis, the administrative support services States suffered 375,000 casualties during the Centennial Commission shall hold its necessary for the Centennial Commission to World War I, including 116,516 deaths. first meeting. carry out its responsibilities under this Act. (5) The events of 1914 through 1918 shaped (B) LOCATION.—The location for the meet- (e) CONTRACT AUTHORITY.— the world, the United States, and the lives of ing held under subparagraph (A) shall be the (1) IN GENERAL.—Except as provided in millions of people. America’s National World War I Museum. paragraph (2), the Centennial Commission is (6) The centennial of World War I offers an (2) SUBSEQUENT MEETINGS.— authorized— opportunity for people in the United States (A) IN GENERAL.—The Centennial Commis- (A) to procure supplies, services, and prop- to learn about and commemorate the sac- sion shall meet at the call of the Chair. erty; and rifices of their predecessors. (B) FREQUENCY.—The Chair shall call a (B) to make or enter into contracts, leases, (7) Commemorative programs, activities, meeting of the members of the Centennial or other legal agreements. and sites allow people in the United States Commission not less frequently than once (2) LIMITATION.—The Centennial Commis- to learn about the history of World War I, each year. sion may not enter into any contract, lease, the United States involvement in that war, (C) LOCATION.—Not less frequently than or other legal agreement that extends be- and the war’s effects on the remainder of the once each year, the Centennial Commission yond the date of the termination of the Cen- 20th century, and to commemorate and shall meet at the America’s National World tennial Commission under section 8(a). honor the participation of the United States War I Museum. (f) POSTAL SERVICES.—The Centennial and its citizens in the war effort. (3) QUORUM.—Seven members of the Cen- Commission may use the United States tennial Commission shall constitute a mails in the same manner and under the SEC. 3. DEFINITIONS. same conditions as other departments and In this Act— quorum, but a lesser number may hold hear- ings. agencies of the Federal Government. (1) AMERICA’S NATIONAL WORLD WAR I MU- (g) GIFTS, BEQUESTS, AND DEVISES.—The (d) CHAIR AND VICE CHAIR.—The Centennial SEUM.—The term ‘‘America’s National World Centennial Commission shall accept, use, Commission shall select a Chair and Vice War I Museum’’ means the Liberty Memorial and dispose of gifts, bequests, or devises of Museum in Kansas City, Missouri, as recog- Chair from among its members. services or property, both real and personal, nized by Congress in section 1031(b) of the SEC. 5. DUTIES OF CENTENNIAL COMMISSION. for the purpose of covering the costs in- Ronald W. Reagan National Defense Author- (a) IN GENERAL.—The duties of the Centen- curred by the Centennial Commission to ization Act for Fiscal Year 2005 (Public Law nial Commission are as follows: carry out its duties under this Act. 108–375; 118 Stat. 2045). (1) To plan, develop, and execute programs, SEC. 7. CENTENNIAL COMMISSION PERSONNEL (2) CENTENNIAL COMMISSION.—The term projects, and activities to commemorate the MATTERS. ‘‘Centennial Commission’’ means the World centennial of World War I. (a) COMPENSATION OF MEMBERS.—Members War I Centennial Commission established by (2) To encourage private organizations and of the Centennial Commission shall serve section 4(a). State and local governments to organize and without compensation for such service.

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(b) TRAVEL EXPENSES.—Each member of SECTION 1. GOVERNMENT ACCOUNTABILITY OF- (ii) pricing of assessments related to any the Centennial Commission shall be allowed FICE STUDY OF TRANSACTIONS BE- such guarantees; and travel expenses, including per diem in lieu of TWEEN LARGE FINANCIAL COMPA- (6) any extraordinary assistance provided subsistence, in accordance with the applica- NIES AND THE FEDERAL GOVERN- to American Insurance Group, but ulti- MENT. ble provisions of title 5, United States Code. mately received by one of the covered insti- (a) DEFINITIONS.—For purposes of this (c) STAFF.— Act— tutions; and (1) IN GENERAL.—The Chair of the Centen- (7) any Government actions that resulted nial Commission shall, in consultation with (1) the term ‘‘covered institution’’ means any bank holding company having more than in the payment or nonpayment of credit de- the members of the Centennial Commission, fault swap contracts entered into by a cov- appoint an executive director and such other $500,000,000,000 in consolidated assets; and (2) the term ‘‘economic benefit’’ means the ered institution. additional personnel as may be necessary to SEC. 2. REPORT TO CONGRESS. enable the Centennial Commission to per- difference between actual loans terms of- Not later than 1 year after the date of en- form its duties. fered, debt or equity prices, or asset values actment of this Act, the Comptroller shall (2) COMPENSATION.— and a reasonable estimate of what such submit a report to Congress detailing the (A) IN GENERAL.—Subject to subparagraph terms, prices, or values might have been, as findings of the Comptroller in the study con- (B), the Chair of the Centennial Commission determined by examining actual values of ducted under this Act. Such report shall be may fix the compensation of the executive comparable transaction in the private mar- made electronically available to the public, director and any other personnel appointed kets or by estimating the values of com- except that any proprietary, sensitive, or under paragraph (1). parable transactions priced to properly re- confidential information shall be redacted in (B) LIMITATION.—The Chair of the Centen- flect associated risk. any release to the public. nial Commission may not fix the compensa- (b) GAO STUDY.—The Comptroller General tion of the executive director or other per- of the United States (in this section referred SEC. 3. RULE OF CONSTRUCTION. sonnel appointed under paragraph (1) at a to as the ‘‘Comptroller’’) shall conduct a Nothing in this Act may be construed to rate that exceeds the rate of payable for study of covered institutions, such as— provide authority inconsistent with, or to level IV of the Executive Schedule under sec- (1) the favorable pricing of the debt of such otherwise affect, section 714 of title 31 tion 5315 of title 5, United States Code. institutions, relative to their risk profile re- United States Code. sulting from the perception that such insti- (C) WORK LOCATION.—If the city govern- f ment for Kansas City, Missouri, and the Lib- tutions will receive Government support in erty Memorial Association make space avail- the event of any financial stress; AUTHORITY FOR COMMITTEES TO able in the building in which the America’s (2) any favorable funding or economic MEET treatment resulting from an increase in the National World War I Museum is located, the COMMITTEE ON FINANCE executive director of the Centennial Com- credit rating for covered institutions, as a result of express, implied, or perceived Gov- Mr. REID. Mr. President, I ask unan- mission and other personnel appointed under imous consent that the Committee on paragraph (1) shall work in such building to ernment support; the extent practical. (3) any economic benefit to covered insti- Finance be authorized to meet during (d) DETAIL OF GOVERNMENT EMPLOYEES.— tutions resulting from the ownership of, or the session of the Senate following a Upon request of the Centennial Commission, affiliation with, an insured depository insti- vote on the Senate Floor on December the head of any Federal department or agen- tution; 21, 2012. cy may detail, on a reimbursable basis, any (4) any economic benefit resulting from the The PRESIDING OFFICER. Without status of covered institutions as a bank hold- employee of that department or agency to objection, it is so ordered. the Centennial Commission to assist it in ing company, including access to Federal de- carrying out its duties under this Act. posit insurance and the discount window of f (e) PROCUREMENT OF TEMPORARY AND the Board of Governors of the Federal Re- PRIVILEGES OF THE FLOOR INTERMITTENT SERVICES.—The Chair of the serve System before the date of enactment of Centennial Commission may procure tem- this Act; Mr. MCCAIN. Mr. President, I ask porary and intermittent services under sec- (5) any economic benefit received through unanimous consent that LTCs Todd tion 3109(b) of title 5, United States Code. extraordinary Government actions taken, Ladwig and Victor Glover, Navy fel- (f) SOURCE OF FUNDS.—Gifts, bequests, and such as— lows in my office, be allowed floor devises of services or property, both real and (A) actions by the Department of the personal, received by the Centennial Com- privileges for the duration of the de- Treasury— bate on the conference report of H.R. mission under section 6(g) shall be the only (i) under the Emergency Economic Sta- source of funds to cover the costs incurred bilization Act, such as— 4310, the National Defense Authoriza- by the Centennial Commission under this (I) asset purchases by the United States tion Act for fiscal year 2013. section. Government; The ACTING PRESIDENT pro tem- SEC. 8. TERMINATION OF CENTENNIAL COMMIS- (II) capital injections from the United pore. Without objection, it is so or- SION. States Government; or dered. (a) IN GENERAL.—The Centennial Commis- (III) housing programs; or sion shall terminate on the earlier of— Mr. SESSIONS. Mr. President, I ask (ii) by the purchase of the mortgage (1) the date that is 30 days after the date unanimous consent that CDR Jeff Ben- backed securities of the Federal National the completion of the activities under this nett be allowed permission to occupy Mortgage Association and the Federal Home Act honoring the centennial observation of Loan Mortgage Corporation (in this Act re- the floor. World War I; or ferred to as ‘‘government-sponsored enter- The ACTING PRESIDENT pro tem- (2) July 28, 2019. prises’’), in order to lower interest rates, and pore. Without objection, it is so or- (b) APPLICATION OF FEDERAL ADVISORY the value of such securities in the absence of dered. COMMITTEE ACT.— such purchases; (1) IN GENERAL.—Except as provided in f paragraph (2), the provisions of the Federal (B) actions by the Board of Governors of the Federal Reserve System prior to the date UNANIMOUS CONSENT Advisory Committee Act (5 U.S.C. App.) AGREEMENT—FISA AMENDMENTS shall apply to the activities of the Centen- of enactment of this Act, such as— nial Commission under this Act. (i) providing loans to financial institutions Mr. REID. Mr. President, I ask unan- through the Term Auction Facility; and (2) EXCEPTION.—Section 14(a)(2) of such Act imous consent that with respect to the (ii) assistance through programs under sec- shall not apply to the Centennial Commis- consideration of the FISA bill, the text sion. tion 13(3) of the Federal Reserve Act prior to the date of enactment of this Act, such as— for each of the amendments in order SEC. 9. PROHIBITION ON OBLIGATION OF FED- under the previous agreement is at the ERAL FUNDS. (I) lending through the Commercial Paper No Federal funds may be obligated to carry Funding Facility; desk. out this Act. (II) securities lending to primary dealers The PRESIDING OFFICER. Without through the Primary Dealer Credit Facility objection, it is so ordered. and the Term Securities Lending Facility; SA 3434. Mr. REID (for Mr. VITTER f (for himself and Mr. BROWN of Ohio)) (III) lending to institutions through the proposed an amendment to the bill S. Term Asset-Backed Securities Loan Facil- EXECUTIVE SESSION 3709, to require a Government Account- ity; or (IV) purchasing assets through the Maiden ability Office examination of trans- Lane facility; and EXECUTIVE CALENDAR actions between large financial institu- (C) actions by the Federal Deposit Insur- tions and the Federal Government, and ance Corporation, such as— Mr. REID. Mr. President, I ask unan- for other purposes. (i) guaranteeing debt or deposits through imous consent that the Senate proceed Strike all after the enacting clause and in- the Temporary Liquidity Guarantee Pro- to executive session to consider the fol- sert the following: gram; or lowing nominations: Calendar Nos. 834,

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This also ap- the table, with no intervening action positions, whether made by a Demo- plies to William Kayatta of Maine, who or debate; that no further motions be cratic or Republican President, have was reported nearly eight months ago in order to any of the nominations; always been considered with deference and has the support of his two home that any related statements be printed to the home State Senators who know State Republican Senators. in the RECORD; and that the President the nominees and their States best, It makes no sense for Senate Repub- be immediately notified of the Senate’s and have been confirmed quickly with licans to continue filibustering these action. that support. Never before in the 37 nominations, but it fits with their The PRESIDING OFFICER. Without years I have been in the Senate have I track record over the last 4 years. Sen- objection, it is so ordered. seen anything like what has happened ate Republicans used to insist that the The nominations considered and con- in the last 4 years. Never before in the filibustering of judicial nominations firmed en bloc are as follows: Senate’s history have we seen district was unconstitutional. The Constitution THE JUDICIARY court nominees blocked for months and has not changed but as soon as Presi- dent Obama was elected they reversed Matthew W. Brann, of Pennsylvania, to be opposed for no good reason. Many are United States District Judge for the Middle needlessly stalled and then confirmed course and filibustered President District of Pennsylvania. virtually unanimously with no expla- Obama’s very first judicial nomination. Malachy Edward Mannion, of Pennsyl- nation for the obstruction. Senate Re- Judge David Hamilton of Indiana was a vania, to be United States District Judge for publicans have politicized even these widely-respected 15–year veteran of the the Middle District of Pennsylvania. traditionally non-partisan positions. Federal bench nominated to the Sev- Jon S. Tigar, of California, to be United This is harmful to our Federal courts enth Circuit and was supported by Sen- States District Judge for the Northern Dis- and the American people. ator DICK LUGAR, the longest-serving trict of California. Until 2009, Senators who filibustered Republican in the Senate. They de- f circuit court nominees generally had layed his confirmation for 7 months. reasons to do so, and were willing to Senate Republicans then proceeded to NOMINATION DISCHARGED explain those reasons. When Senate obstruct and delay just about every Mr. REID. Mr. President, I ask unan- Democrats filibustered President circuit court nominee of this Presi- imous consent that the Veterans’ Af- Bush’s controversial circuit court dent, filibustering 10 of them. They de- fairs Committee be discharged from nominees, it was over substantive con- layed confirmation of Judge Albert further consideration of following nom- cerns about the nominees’ records and Diaz of North Carolina to the Fourth ination: PN 2024; that the nomination Republicans’ disregard for the rights of Circuit for 11 months. They delayed be confirmed; the motion to reconsider Democratic Senators. When we opposed confirmation of Judge Jane Stranch of be considered made and laid upon the Janice Rogers Brown, it was because of Tennessee to the Sixth Circuit for 10 table, with no intervening action or de- her long record on the California Su- months. They delayed confirmation of bate; that no further motions be in preme Court of deciding cases based on Judge Ray Lohier of New York to the order to the nomination; that any re- extreme views, and having argued that Second Circuit for 7 months. They de- lated statements be printed in the Social Security was unconstitutional. layed confirmation of Judge Scott RECORD; and that the President be im- When we opposed Priscilla Owen, it was Matheson of Utah to the Tenth Circuit mediately notified of the Senate’s ac- because her rulings on the Texas Su- and Judge James Wynn, Jr. of North tion and the Senate then resume legis- preme Court were so extreme that they Carolina to the Fourth Circuit for 6 lative session. drew the condemnation of even the months. They delayed confirmation of The PRESIDING OFFICER. Without conservative judges on that court. Judge Andre Davis of Maryland to the objection, it is so ordered. On the other hand, Senate Repub- Fourth Circuit, Judge Henry Floyd of The nomination considered and con- licans have filibustered and delayed South Carolina to the Fourth Circuit, firmed is as follows: nearly all of President Obama’s circuit Judge Stephanie Thacker of West Vir- THE JUDICIARY court nominees even when those nomi- ginia to the Fourth Circuit, and Judge William S. Greenberg, of New Jersey, to be nees have the support of their Repub- Jacqueline Nguyen of California to the a Judge of the United States Court of Ap- lican home State Senators. Take the Ninth Circuit for 5 months. They de- peals for Veterans Claims for the term of fif- examples of Judge Robert Bacharach layed confirmation of Judge Adalberto teen years, vice a new position created by and William Kayatta, two consensus Jordan of Florida to the Eleventh Cir- Public Law 100–389, approved October 10, 2008. circuit nominees who have the support cuit, Judge Beverly Martin of Georgia Mr. LEAHY. Mr. President, over the of their Republican home State Sen- to the Eleventh Circuit, Judge Mary last four years, Senate Republicans ators. Both these nominees received Murguia of Arizona to the Ninth Cir- have chosen to depart dramatically the ABA Standing Committee on the cuit, Judge Bernice Donald of Ten- from Senate traditions in their efforts Federal Judiciary’s highest possible nessee to the Sixth Circuit, Judge Bar- to delay and obstruct President rating, that of unanimously ‘‘Well bara Keenan of Virginia to the Fourth Obama’s judicial nominations. Qualified.’’ They have strong bipar- Circuit, Judge Thomas Vanaskie of For example, until 2009, Senators de- tisan support, and unimpeachable cre- Pennsylvania to the Third Circuit, ferred to the President and to home dentials, and there is no reason why Judge Joseph Greenaway of New Jersey State Senators on district court nomi- they should not have been confirmed to the Third Circuit, Judge Denny Chin nees. During the 8 years that George W. months ago. Republicans continue to of New York to the Second Circuit, and Bush served as President, only 5 of his stall them without final confirmation Judge Chris Droney of Connecticut to district court nominees received any votes approximately 8 months after the Second Circuit for 4 months. They opposition on the floor. In just 4 years, they were considered and approved by delayed confirmation of Judge Paul Senate Republicans have voted against the Senate Judiciary Committee. Watford of California to the Ninth Cir- 39 of President Obama’s district court The irony and dangerous new devel- cuit, Judge Andrew Hurwitz of Arizona nominees, and the Majority Leader has opment is that neither of these nomi- to the Ninth Circuit, Judge Morgan been forced to file cloture on 20 of nees faces any real Republican opposi- Christen of Alaska to the Ninth Cir- them. tion. Senator COBURN, one of Judge cuit, Judge Stephen Higginson of Lou- Federal district court judges are the Bacharach’s home State Senators, has isiana to the Fifth Circuit, Judge Ge- trial court judges who hear cases from said: ‘‘[Judge Bacharach] has no oppo- rard Lynch of New York to the Second litigants across the country and pre- sition in the Senate. . . . There’s no Circuit, Judge Susan Carney of Con- side over Federal criminal trials, ap- reason why he shouldn’t be confirmed.’’ necticut to the Second Circuit, and plying the law to facts and helping set- Still, Senate Republicans refuse to Judge Kathleen O’Malley of Ohio to the tle legal disputes. They handle the vast allow for a vote on his nomination. The Federal Circuit for 3 months. majority of the caseload of the Federal same also applies to Richard Taranto, The nonpartisan Congressional Re- courts and are critical to making sure who was reported more than eight search Service has reported that the

VerDate Mar 15 2010 04:28 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G21DE6.061 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8376 CONGRESSIONAL RECORD — SENATE December 21, 2012 median time circuit nominees have had 9 months for the Senate to take action istering justice for the American peo- to wait before a Senate vote has sky- on the other 8. This resulted in the ple. In most other years, like in 2008, rocketed from 18 days for President lowest 1-year confirmation total in at judicial nominees, especially those who Bush’s nominees to 132 days for Presi- least 35 years. For the last 2 years, are qualified, consensus nominees with dent Obama’s. This is the result of Re- Senate Republicans left 19 nominations bipartisan support and the support of publican obstruction. on the Senate Executive Calendar at their home State Senators, are con- This unprecedented and meritless ob- the end of each year. It then took near- firmed before the election recess. They struction means that when the Senate ly half the following year for the Sen- are not stalled and not dragged over adjourns, Senate Republicans will have ate to confirm these nominees. This into a lame duck session after the elec- blocked more than 40 of President year they are insisting on leaving 11 ju- tion. This is not success, unless you be- Obama’s circuit and district nominees dicial nominees without action and an- lieve that perpetuating vacancies and from being confirmed. other 4 have had hearings but Senate forcing hardworking Americans to wait This obstruction is also why a dam- Republicans refused to expedite their even longer to have their day in court agingly high level of judicial vacancies consideration. is something of which to be proud. has persisted for over 31⁄2 years. While Senate Republicans claim that their Senate Republicans have also forced such tactics are bad for the Senate, delays and obstruction should be ex- the Majority Leader to file cloture on they are also bad for our Nation’s over- cused because, despite their opposition, 30 nominees, which is already more burdened courts. Persistent vacancies the Senate confirmed the President’s than 50 percent more nominees than force fewer judges to take on growing two Supreme Court Justices. Senate had cloture filed during President caseloads, and make it harder for Republicans ignore the fact that during Bush’s 8 years in office. Almost all of Americans to have access to justice. President Bush’s first 4 years 205 cir- these 30 nominations were non- While they have delayed and ob- cuit and district court nominees had controversial and were ultimately con- structed, the number of judicial vacan- been confirmed, and that judicial va- firmed overwhelmingly. Barely 80 per- cies has been historically high and it cancies were reduced to as low as 28. cent of President Obama’s judicial has become more difficult for our During his second term, vacancies were nominees have been confirmed, com- pared to almost 90 percent of President courts to provide speedy, quality jus- reduced to 34. Vacancies have stood at George W. Bush’s first term nominees. tice for the American people. In fact, nearly or above for most of President While this is not even close to a full Obama’s first four years and will not five of the judicial nominees pending account of the precedents broken in dip below 60. Vacancies remain more on the Senate calendar on whom Re- the last 4 years, the record is clear: than twice what they were at the end publicans refuse to allow a vote would Senate Republicans have engaged in an of President Bush’s first term. The 173 fill judicial emergency vacancies. unprecedented effort to obstruct Presi- For almost 4 years now, ever since judges that we have been able to con- dent Obama’s judicial nominations. President Barack Obama took office, firm fall more than 30 short of the Pretending it has not taken place is an we have heard the same spurious argu- total for President Bush’s first term. insult to the American people. The ments from Senate Republicans for Moreover, when the Senate confirmed American people know better. Chief why they refuse to help our Federal two Justices during President Clinton’s Justice Roberts, in his year-end Report courts function. Senate Republicans first term and President George H.W. on the Federal Judiciary in 2010 point- claim that we have not confirmed more Bush’s term, the Senate also confirmed ed to the ‘‘[P]ersistent problem [that] judges because President Obama has 200 and 192 circuit and district nomi- has developed in the process of filling not made a sufficient number of nomi- nees, respectively. Their obstruction of judicial vacancies.... This has cre- nations. It is Senate Republicans them- needed confirmations cannot be justi- ated acute difficulties for some judicial selves, and their unwillingness to work fied on account of the two Supreme districts. Sitting judges in those dis- with a President who has reached out Court vacancies. tricts have been burdened with extraor- to them to submit recommendations Until 2009, when a judicial nominee dinary caseloads.... There remains, and to work with him that has delayed had been reported by the Judiciary however, an urgent need for the polit- many nominations. Committee with bipartisan support, ical branches to find a long-term solu- Unlike his predecessor, President they were generally confirmed quickly. tion to this recurring problem.’’ De- Obama has worked hard to solicit rec- Until 2009, we observed regular order spite bipartisan calls to address the ju- ommendations from home State Sen- and usually confirmed four to six nomi- dicial vacancy crisis, Senate Repub- ators, including those from the other nees per week, and we cleared the Sen- licans continued their obstruction of party. This President has consistently ate Executive Calendar before long re- judicial confirmations. selected qualified, mainstream nomi- cesses. Until 2009, if a nominee was fili- Today, the Senate is finally being al- nees. For the judicial vacancies in bustered, it was almost always because lowed to vote on 3 but only 3 of the 14 States with two Republican Senators, of a substantive issue with the nomi- judicial nominees pending on the Sen- just 21 percent have a nominee. Four nee’s record. We know what has hap- ate Executive Calendar. such vacancies exist in Texas—includ- pened since 2009. The average district Judge Malachy Mannion is nomi- ing three judicial emergency vacancies. nomination is stalled 4.3 times as long nated to fill a judicial emergency va- This has prompted a retired Federal as it took to confirm them during the cancy in the U.S. District Court for the judge in Hawaii to move to Texas to Bush administration, and the average Middle District of Pennsylvania, where help the overburdened judges with circuit court nomination is stalled on he currently serves as the Chief U.S. their caseload. I urge Senate Repub- average 7.3 times as long as it took to Magistrate Judge. He has been a Mag- licans to do a better job providing con- confirm them during the Bush adminis- istrate Judge in that District for over sensus recommendations and fulfilling tration. Nor has any other President’s 10 years, where he has presided over 104 their own constitutional responsibility judicial nominees had to wait an aver- cases that have gone to verdict or judg- to ‘‘advise’’ the President on nomina- age of over 100 days for a Senate vote ment. Prior to his appointment as a tions and work with President Obama after being reported by the Judiciary U.S. Magistrate Judge, Judge Mannion to fill these vacancies. Committee. served as Federal prosecutor for over 10 At the end of each calendar year, No one is happier than I that a dozen years, where he rose to become the Senate Republicans now deliberately district court nominees will be con- Chief of the Office’s Organized Crime refuse to vote on several judicial nomi- firmed during this lame duck session Enforcement Task Force. The ABA nees who could and should be con- but that is hardly something justifying Standing Committee on the Federal firmed in order to consume additional Republican chest beating. What it Judiciary unanimously gave him its time the following year confirming starkly demonstrates is that they have highest possible rating of ‘‘Well Quali- these nominees. At the end of 2009, been stalling consensus nominees for fied.’’ His nomination has the bipar- they left 10 nominations on the Execu- months without cause. All of these tisan support of his home State Sen- tive Calendar without a vote. Two of nominees could and should have been ators. He was approved by the Judici- those nominations were returned to confirmed before the August recess and ary Committee 5 months ago by voice the President, and it subsequently took should have been at work admin- vote.

VerDate Mar 15 2010 04:28 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.043 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8377 Matthew Brann is nominated to fill a openly gay Americans than his prede- identifiable, to ensure that problematic judicial emergency vacancy in the U.S. cessor did in 8 years. Americans can be drywall removed from homes is not reused, District Court for the Middle District proud of President Obama’s efforts to and for other purposes. of Pennsylvania. He has been in private increase diversity in the Federal judi- There being no objection, the Senate practice for over 2 decades, where he ciary and to ensure that it better re- proceeded to consider the bill. specializes in complex corporate and flects all Americans. Mr. REID. Mr. President, I ask unan- commercial transactions, real estate, I hope that next year, and in the next imous consent that the Vitter sub- probate, and estate planning. He has 4 years, Senate Republicans will end stitute amendment which is at the tried 20 cases to verdict, judgment, or their misguided and harmful obstruc- desk be agreed to, the bill as amended final decision. He has the support of his tion and work with us in a bipartisan be read a third time and passed, the home State Senators, and he was voted manner to do what is right for the motions to reconsider be considered out of the Judiciary Committee by country. President Obama has nomi- made and laid on the table, and any voice vote 5 months ago. nated qualified, mainstream lawyers, statements be printed in the RECORD. Judge Jon Tigar is nominated to fill and the Senate should consider them in The PRESIDING OFFICER. Without a judicial emergency vacancy in the regular order, without unnecessary objection, it is so ordered. U.S. District Court for the Northern delays. That is what we had done for as The amendment (No. 3432) was agreed District of California. Judge Tigar is long as I have served in the Senate, to, as follows: currently a Superior Court Judge for whether the nominations came from a (Purpose: In the nature of a substitute) Alameda County, where he has presided Democratic or a Republican president. Strike all after the enacting clause and in- over 175 cases that have gone to verdict We should work together to restore and sert the following: or judgment. He previously spent 10 uphold the best traditions of the Sen- SECTION 1. SHORT TITLE. years as a litigator in private practice ate. This Act may be cited as the ‘‘Drywall Safety Act of 2012’’. at two prominent law firms in San f Francisco. He earned his law degree SEC. 2. SENSE OF CONGRESS. from the University of California at LEGISLATIVE SESSION It is the sense of Congress that— Berkeley. After law school, he clerked The PRESIDING OFFICER. The Sen- (1) the Secretary of Commerce should in- for the Honorable Robert S. Vance in ate will return to Legislative Session. sist that the Government of the People’s Re- the U.S. Court of Appeals for the Elev- public of China, which has ownership inter- f ests in the companies that manufactured and enth Circuit. The ABA Standing Com- exported problematic drywall to the United mittee on the Federal Judiciary unani- DESIGNATING THE CITY OF SALEM, MASSACHUSETTS, AS States, facilitate a meeting between the mously gave him its highest possible companies and representatives of the United rating of ‘‘Well Qualified.’’ His nomina- THE BIRTHPLACE OF THE NA- States Government on remedying home- tion has the support of his home State TIONAL GUARD OF THE UNITED owners that have problematic drywall in Senators, and he was approved by the STATES their homes; and Judiciary Committee more than four Mr. REID. Mr. President, I ask unan- (2) the Secretary of Commerce should in- months ago by voice vote. imous consent the Armed Services sist that the Government of the People’s Re- After today’s vote, there will still be public of China direct the companies that Committee be discharged from further manufactured and exported problematic 11 judicial nominees on the Senate Ex- consideration of H.R. 1339 and we now drywall to submit to jurisdiction in United ecutive Calendar, 6 of whom were voted proceed to this matter. States Federal Courts and comply with any out of the Judiciary Committee before The PRESIDING OFFICER. Without decisions issued by the Courts for home- the August recess. There is no reason objection, it is so ordered. The clerk owners with problematic drywall. why we cannot confirm all of them will report the bill by title. SEC. 3. DRYWALL LABELING REQUIREMENT. today. I have also been urging Repub- The legislative clerk read as follows: (a) LABELING REQUIREMENT.—Beginning 180 licans to expedite consideration of the A bill (H.R. 1339) to amend title 32, United days after the date of the enactment of this 4 judicial nominees who participated in States Code, the body of laws of the United Act, the gypsum board labeling provisions of hearings last Wednesday. That would States dealing with the National Guard, to standard ASTM C1264-11 of ASTM Inter- lead to 11 more confirmations before recognize the City of Salem, Massachusetts, national, as in effect on the day before the date of the enactment of this Act, shall be the Senate adjourns to help address the as the Birthplace of the National Guard of the United States. treated as a rule promulgated by the Con- judicial vacancies that currently exist sumer Product Safety Commission under in our Federal courts. There being no objection, the Senate section 14(c) of the Consumer Product Safety If we adjourn today without con- proceeded to consider the bill. Act (15 U.S.C. 2063(c)). firming these additional nominees, we Mr. REID. Mr. President, I further (b) REVISION OF STANDARD.—If the gypsum will leave those 11 vacancies and 5 ask the bill be read a third time, board labeling provisions of the standard re- emergency vacancies open for even passed, the motion to reconsider be ferred to in subsection (a) are revised on or longer, and there will be at least 80 va- considered made and laid on the table, after the date of the enactment of this Act, cancies when President Obama begins with no intervening action or debate, ASTM International shall notify the Com- mission of such revision no later than 60 his second term. Recall that during and any statements be printed in the days after final approval of the revision by President Bush’s entire second term, RECORD. ASTM International. The revised provisions the 4 years from January, 2005 through The PRESIDING OFFICER. Without shall be treated as a rule promulgated by the January, 2009, vacancies never exceed- objection, it is so ordered. Commission under section 14(c) of such Act ed 60. So far during President Obama’s The bill (H.R. 1339) was ordered to a (15 U.S.C. 2063(c)), in lieu of the prior first 4 years in office and as far into third reading, was read the third time, version, effective 180 days after the Commis- the future as we can see there have and passed. sion is notified of the revision (or such later never been less than 60 vacancies, and date as the Commission considers appro- f priate), unless within 90 days after receiving for much of that time many, many DRYWALL SAFETY ACT OF 2012 that notice the Commission determines that more. This is a prescription for over- the revised provisions do not adequately burdened courts and a Federal justice Mr. REID. Mr. President, I now ask identify gypsum board by manufacturer and system that does not serve the inter- unanimous consent the Committee on month and year of manufacture, in which ests of the American people. Commerce be discharged from further case the Commission shall continue to en- I commend President Obama for consideration of H.R. 4212, and we now force the prior version. nominating such a diverse group of proceed to this matter. SEC. 4. SULFUR CONTENT IN DRYWALL STAND- qualified judges. In his first 4 years, The PRESIDING OFFICER . Without ARD. President Obama has appointed as objection, it is so ordered. The clerk (a) RULE ON SULFUR CONTENT IN DRYWALL many women judges as President Bush REQUIRED.—Except as provided in subsection will report the bill by title. (c), not later than 2 years after the date of did during his entire 8 years in office. The legislative clerk read as follows: the enactment of this Act, the Consumer In just 4 years, President Obama has A bill (H.R. 4212) to prevent the introduc- Product Safety Commission shall promul- also nominated more African Ameri- tion into commerce of unsafe drywall, to en- gate a final rule pertaining to drywall manu- cans, more Asian Americans, and more sure the manufacturer of drywall is readily factured or imported for use in the United

VerDate Mar 15 2010 04:28 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.044 S21DEPT1 smartinez on DSK6TPTVN1PROD with S8378 CONGRESSIONAL RECORD — SENATE December 21, 2012 States that limits sulfur content to a level Product Safety Commission shall revise its GOVERNMENT ACCOUNTABILITY not associated with elevated rates of corro- guidance entitled ‘‘Remediation Guidance OFFICE EXAMINATION OF CER- sion in the home. for Homes with Corrosion from Problem TAIN TRANSACTIONS (b) RULE MAKING; CONSUMER PRODUCT Drywall’’ to specify that problematic SAFETY STANDARD.—A rule under subsection drywall removed from homes pursuant to the Mr. REID. Mr. President, I ask unan- (a)— guidance should not be reused or used as a imous consent that the Senate now (1) shall be promulgated in accordance component in production of new drywall. proceed to the consideration of S. 3709, with section 553 of title 5, United States The amendment was ordered to be which was reported earlier today. Code; and The PRESIDING OFFICER. The (2) shall be treated as a consumer product engrossed and the bill to be read a safety rule promulgated under section 9 of third time. clerk will report the bill by title. the Consumer Product Safety Act (15 U.S.C. The bill (H.R. 4212), as amended, was The legislative clerk read as follows: 2058). read the third time, and passed. A bill (S. 3709) to require a Government Ac- (c) EXCEPTION.— countability Office examination of trans- (1) VOLUNTARY STANDARD.—Subsection (a) f actions between large financial institutions shall not apply if the Commission deter- and the Federal Government, and for other mines that— REQUIRING MOTOR VEHICLE purposes. INSURANCE COST REPORTING (A) a voluntary standard pertaining to There being no objection, the Senate drywall manufactured or imported for use in Mr. REID. Mr. President, I now ask the United States limits sulfur content to a proceeded to consider the bill. level not associated with elevated rates of unanimous consent the Committee of Mr. REID. Mr. President, I ask unan- corrosion in the home; Commerce be discharged from further imous consent that the Vitter-Brown (B) such voluntary standard is or will be in consideration of H.R. 5859. of Ohio amendment, which is at the effect not later than two years after the date The PRESIDING OFFICER. Without desk, be agreed to, and the bill, as of enactment of this Act; and objection, it is so ordered. The clerk amended, be read a third time and (C) such voluntary standard is developed will report the bill by title. passed, the motion to reconsider be by Subcommittee C11.01 on Specifications The legislative clerk read as follows: laid upon the table, and all statements and Test Methods for Gypsum Products of ASTM International. A bill (H.R. 5859) to repeal an obsolete pro- relating to the bill be printed in the vision in title 49, United States Code, requir- (2) FEDERAL REGISTER.—Any determination RECORD. made under paragraph (1) shall be published ing motor vehicle insurance cost reporting. The PRESIDING OFFICER. Without in the Federal Register. There being no objection, the Senate objection, it is so ordered. (d) TREATMENT OF VOLUNTARY STANDARD proceeded to consider the bill. The amendment (No. 3434) was agreed FOR PURPOSES OF ENFORCEMENT.—If the Com- Mr. REID. I further ask unanimous to, as follows: mission determines that a voluntary stand- consent the bill be read a third time, ard meets the conditions in subsection (c)(1), (Purpose: In the nature of a substitute) the sulfur content limit in such voluntary passed, the motion to reconsider be Strike all after the enacting clause and in- standard shall be treated as a consumer considered made and laid on the table, sert the following: product safety rule promulgated under sec- with no intervening action or debate, SECTION 1. GOVERNMENT ACCOUNTABILITY OF- tion 9 of the Consumer Product Safety Act and any statement be printed in the FICE STUDY OF TRANSACTIONS BE- (15 U.S.C. 2058) beginning on the date that is RECORD. TWEEN LARGE FINANCIAL COMPA- the later of— The PRESIDING OFFICER. Without NIES AND THE FEDERAL GOVERN- (1) 180 days after publication of the Com- MENT. objection, it is so ordered. (a) DEFINITIONS.—For purposes of this mission’s determination under subsection The bill (H.R. 5859) was ordered to a (c); or Act— (2) the effective date contained in the vol- third reading, was read the third time, (1) the term ‘‘covered institution’’ means untary standard. and passed. any bank holding company having more than (e) REVISION OF VOLUNTARY STANDARD.—If $500,000,000,000 in consolidated assets; and the sulfur content limit of a voluntary f (2) the term ‘‘economic benefit’’ means the standard that met the conditions of sub- difference between actual loans terms of- section (c)(1) is subsequently revised, the or- FRANK BUCKLES WORLD WAR I fered, debt or equity prices, or asset values ganization responsible for the standard shall MEMORIAL ACT and a reasonable estimate of what such notify the Commission no later than 60 days Mr. REID. I now ask we proceed to terms, prices, or values might have been, as after final approval of the revision. The sul- H.R. 6364. determined by examining actual values of comparable transaction in the private mar- fur content limit of the revised voluntary The PRESIDING OFFICER. The standard shall become enforceable as a Com- kets or by estimating the values of com- mission rule promulgated under section 9 of clerk will report the bill by title. parable transactions priced to properly re- the Consumer Product Safety Act (15 U.S.C. The legislative clerk read as follows: flect associated risk. 2058), in lieu of the prior version, effective A bill (H.R. 6364) to establish a commission (b) GAO STUDY.—The Comptroller General 180 days after the Commission is notified of to ensure a suitable observance of the cen- of the United States (in this section referred the revision (or such later date as the Com- tennial of World War I, to provide for the to as the ‘‘Comptroller’’) shall conduct a mission considers appropriate), unless within designation of memorials to the service of study of covered institutions, such as— 90 days after receiving that notice the Com- members of the United States Armed Forces (1) the favorable pricing of the debt of such mission determines that the sulfur content in World War I, and for other purposes. institutions, relative to their risk profile re- limit of the revised voluntary standard does There being no objection, the Senate sulting from the perception that such insti- tutions will receive Government support in not meet the requirements of subsection proceeded to consider the bill. (c)(1)(A), in which case the Commission shall the event of any financial stress; continue to enforce the prior version. Mr. REID. I ask that the McCaskill- (2) any favorable funding or economic (f) FUTURE RULEMAKING.—The Commission, Blunt amendment which is at the desk treatment resulting from an increase in the at any time subsequent to publication of the be agreed to, the bill, as amended, be credit rating for covered institutions, as a consumer product safety rule required by read a third time and passed, the mo- result of express, implied, or perceived Gov- subsection (a) or a determination under sub- tion to reconsider be made and laid on ernment support; section (c), may initiate a rulemaking in ac- the table with no intervening action or (3) any economic benefit to covered insti- cordance with section 553 of title 5, United debate, and any statement be printed tutions resulting from the ownership of, or States Code, to modify the sulfur content affiliation with, an insured depository insti- limit or to include any provision relating in the RECORD. tution; only to the composition or characteristics of The PRESIDING OFFICER. Without (4) any economic benefit resulting from the drywall that the Commission determines is objection, it is so ordered. status of covered institutions as a bank hold- reasonably necessary to protect public The amendment (No. 3433), in the na- ing company, including access to Federal de- health or safety. Any rule promulgated ture of a substitute, was agreed to. posit insurance and the discount window of under this subsection shall be treated as a (The amendment is printed in today’s the Board of Governors of the Federal Re- consumer product safety rule promulgated RECORD under ‘‘Text of Amendments.’’) serve System before the date of enactment of under section 9 of the Consumer Product The amendment was ordered to be this Act; Safety Act (15 U.S.C. 2058). (5) any economic benefit received through engrossed and the bill read a third SEC. 5. REVISION OF REMEDIATION GUIDANCE extraordinary Government actions taken, FOR DRYWALL DISPOSAL REQUIRED. time. such as— Not later than 120 days after the date of The bill (H.R. 6364), as amended, was (A) actions by the Department of the the enactment of this Act, the Consumer read the third time and passed. Treasury—

VerDate Mar 15 2010 04:28 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A21DE6.040 S21DEPT1 smartinez on DSK6TPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — SENATE S8379 (i) under the Emergency Economic Sta- to designate Hizballah as a terrorist organi- the prosecution of those responsible for the bilization Act, such as— zation and impose sanctions, and urging the February 14, 2005, assassination of former (I) asset purchases by the United States President to provide information about Lebanese Prime Minister Rafiq Hariri, issued Government; Hizballah to the European allies of the arrest warrants against 4 senior Hizballah (II) capital injections from the United United States and to support the Govern- members, including its top military com- States Government; or ment of Bulgaria in investigating the July mander, Mustafa Badr al-Din, identified as (III) housing programs; or 18, 2012, terrorist attack in Burgas. the primary suspect in the assassination; (ii) by the purchase of the mortgage There being no objection, the Senate Whereas, according to the 2011 Country Re- backed securities of the Federal National proceeded to consider the resolution. ports on Terrorism issued by the Department Mortgage Association and the Federal Home Mr. REID. Mr. President, I ask unan- of State, Hizballah is ‘‘the likely perpe- Loan Mortgage Corporation (in this Act re- imous consent that the Senate proceed trator’’ of 2 bomb attacks that wounded ferred to as ‘‘government-sponsored enter- United Nations Interim Force in Lebanon prises’’), in order to lower interest rates, and to a voice vote on the adoption of the (UNIFIL) peacekeepers in Lebanon during the value of such securities in the absence of resolution. 2011; such purchases; The PRESIDING OFFICER. Is there Whereas, according to the October 18, 2012, (B) actions by the Board of Governors of further debate? report of the Secretary-General of the the Federal Reserve System prior to the date If not, the question is on agreeing to United Nations to the United Nations Secu- of enactment of this Act, such as— the resolution. rity Council on the implementation of Secu- (i) providing loans to financial institutions The resolution (S. Res. 613) was rity Council Resolution 1559 (2004) (in this through the Term Auction Facility; and agreed to. preamble referred to as the ‘‘October 18 Re- (ii) assistance through programs under sec- port’’), ‘‘The maintenance by Hizbullah of tion 13(3) of the Federal Reserve Act prior to Mr. REID. Mr. President, I ask unan- imous consent that the preamble be sizeable sophisticated military capabilities the date of enactment of this Act, such as— outside the control of the Government of (I) lending through the Commercial Paper agreed to, the motions to reconsider be Lebanon . . . creates an atmosphere of in- Funding Facility; laid upon the table, that there be no in- timidation in the country[,] . . . puts Leb- (II) securities lending to primary dealers tervening action or debate, and any anon in violation of its obligations under through the Primary Dealer Credit Facility statements related to this matter be Resolution 1559 (2004)[,] and constitutes a and the Term Securities Lending Facility; printed in the RECORD. threat to regional peace and stability.’’; (III) lending to institutions through the The PRESIDING OFFICER. Without Whereas John Brennan, Assistant to the Term Asset-Backed Securities Loan Facil- objection, it is so ordered. President for Homeland Security and ity; or Counterterrorism, stated on October 26, 2012, (IV) purchasing assets through the Maiden The preamble was agreed to. The resolution, with its preamble, that Hizballah’s ‘‘social and political activi- Lane facility; and ties must not obscure [its] true nature or (C) actions by the Federal Deposit Insur- reads as follows: prevent us from seeing it for what it is—an ance Corporation, such as— S. RES. 613 international terrorist organization actively (i) guaranteeing debt or deposits through Whereas the Department of State has des- supported by Iran’s Islamic Revolutionary the Temporary Liquidity Guarantee Pro- ignated Hizballah as a foreign terrorist orga- Guards Corps – Quds Force’’; gram; or nization since October 1997; Whereas David Cohen, Under Secretary of (ii) pricing of assessments related to any Whereas the United States Government the Treasury for Terrorism and Financial In- such guarantees; and designated Hizballah a specially designated telligence, stated on August 10, 2012, ‘‘Before (6) any extraordinary assistance provided terrorist organization in January 1995 and a al Qaeda’s attack on the U.S. on September to American Insurance Group, but ulti- ‘‘Specially Designated Global Terrorist’’ pur- 11, 2001, Hizballah was responsible for killing mately received by one of the covered insti- suant to Executive Order 13224 (66 Fed. Reg. more Americans in terrorist attacks than tutions; and 49079) in October 2001; any other terrorist group.’’; (7) any Government actions that resulted Whereas Hizballah was established in 1982 Whereas, according to a September 13, 2012, in the payment or nonpayment of credit de- through the direct sponsorship and support Department of the Treasury press release, fault swap contracts entered into by a cov- of Iran’s Islamic Revolutionary Guards Corps ‘‘The last year has witnessed Hizballah’s ered institution. (IRGC) Quds Force and continues to receive most aggressive terrorist plotting outside SEC. 2. REPORT TO CONGRESS. training, weapons, and explosives, as well as the Middle East since the 1990s.’’; Not later than 1 year after the date of en- political, diplomatic, monetary, and organi- Whereas, since 2011, Hizballah has been im- actment of this Act, the Comptroller shall zational aid, from Iran; plicated in thwarted terrorist plots in Azer- submit a report to Congress detailing the Whereas Hizballah has been implicated in baijan, Cyprus, Thailand, and elsewhere; findings of the Comptroller in the study con- multiple acts of terrorism over the past 30 Whereas, on July 18, 2012, a suicide bomber ducted under this Act. Such report shall be years, including the bombings in Lebanon in attacked a bus in Burgas, Bulgaria, mur- made electronically available to the public, 1983 of the United States Embassy, the dering 5 Israeli tourists and the Bulgarian except that any proprietary, sensitive, or United States Marine barracks, and the bus driver in a terrorist attack that, accord- confidential information shall be redacted in French Army barracks, the airline hijack- ing to Mr. Brennan, ‘‘bore the hallmarks of any release to the public. ings and the kidnapping of European, Amer- a Hizballah attack’’; SEC. 3. RULE OF CONSTRUCTION. ican, and other Western hostages in the 1980s Whereas Israeli prime minister Benjamin Nothing in this Act may be construed to and 1990s, and support of the Khobar Towers Netanyahu has stated of the Burgas terrorist provide authority inconsistent with, or to attack in Saudi Arabia that killed 19 Ameri- attack, ‘‘We have unquestionable, fully sub- otherwise affect, section 714 of title 31 cans in 1996; stantiated evidence that this was done by United States Code. Whereas, according to the 2011 Country Re- Hizballah backed by Iran.’’; ports on Terrorism issued by the Department Whereas Bulgaria is a member of the Euro- The bill (S. 3709), as amended, was or- of State, ‘‘Since at least 2004, Hizballah has pean Union and a member of the North At- dered to be engrossed for a third read- provided training to select Iraqi Shia mili- lantic Treaty Organization (NATO); ing, was read the third time, and tants, including on the construction and use Whereas, according to the October 18 Re- passed. of improvised explosive devices (IEDs) that port, ‘‘There have been credible reports sug- f can penetrate heavily-armored vehicles.’’; gesting involvement by Hizbullah and other Whereas, in 2007, a senior Hizballah opera- Lebanese political forces in support of the TO DESIGNATE HIZBALLAH AS A tive, Ali Mussa Daqduq, was captured in Iraq parties in the conflict in Syria. . . . Such TERRORIST ORGANIZATION with detailed documents that discussed tac- militant activities by Hizbullah in Syria Mr. REID. Mr. President, I ask unan- tics to attack Iraqi and coalition forces, and contradict and undermine the disassociation has been directly implicated in a terrorist policy of the Government of Lebanon, of imous consent the Foreign Relations attack that resulted in the murder of 5 mem- which Hizbullah is a coalition member.’’; Committee be discharged from further bers of the United States Armed Forces; Whereas, on October 26, 2012, Mr. Brennan consideration of S. Res. 613, and the Whereas Hizballah has been implicated in stated, ‘‘We have seen Hizballah training Senate proceed to its immediate con- the terrorist attacks in Buenos Aires, Argen- militants in Yemen and Syria, where it con- sideration. tina, on the Israeli Embassy in 1992 and the tinues to provide material support to the re- The PRESIDING OFFICER. Without Argentine Israelite Mutual Association in gime of Bashar al Assad, in part to preserve objection, it is so ordered. 1994; its weapon supply lines.’’; The clerk will report the resolution Whereas Hizballah has been implicated in Whereas, on August 10, 2012, the Depart- acts of terrorism and extrajudicial violence ment of the Treasury designated Hizballah by title. in Lebanon, including the assassination of pursuant to Executive Order 13582 (76 Fed. The legislative clerk read as follows: political opponents; Reg. 52209), which targets those responsible A resolution (S. Res. 613) urging the gov- Whereas, in June 2011, the Special Tribunal for human rights abuses in Syria, for pro- ernments of Europe and the European Union for Lebanon, an international tribunal for viding support to the Government of Syria;

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The ers be reserved for their use later in the Treasury, since early 2011, Hizballah clerk will report the bill by title. the day; that following any leader re- ‘‘has provided training, advice and extensive The legislative clerk read as follows: marks, the Senate begin consideration logistical support to the Government of Syr- of H.R. 5949, the FISA bill, and Senator ia’s increasingly ruthless effort to fight A bill (H.R. 1845) an act to provide a dem- against the opposition’’ and has ‘‘directly onstration project providing Medicare cov- WYDEN be recognized; further, that the trained Syrian government personnel inside erage for in-home administration of intra- previous order be amended so that Syria and has facilitated the training of Syr- venous immune globulin (IVIG) and to there be up to 7 hours of debate on the ian forces by Iran’s terrorism arm, the Is- amend title XVIII of the Social Security Act bill—that is the FISA bill—and all lamic Revolutionary Guards Corps – Qods with respect to the application of Medicare other provisions to the previous order secondary payer rules for certain claims. Force’’; remain in effect. Whereas, on September 13, 2012, the De- There being no objection, the Senate The PRESIDING OFFICER. Without partment of the Treasury designated the proceeded to consider the bill. objection, it is so ordered. Secretary-General of Hizballah, Hasan Mr. REID. Mr. President, I ask unan- Nasrallah, for overseeing ‘‘Hizballah’s efforts imous consent that the bill be read a f to help the Syrian regime’s violent crack- third time and passed, the motion to down on the Syrian civilian population’’; PROGRAM reconsider be considered made and laid Whereas, on October 26, 2012, Mr. Brennan Mr. REID. Mr. President, we have stated, ‘‘Even in Europe, many countries . . . upon the table, and that any state- have not yet designated Hizballah as a ter- ments relating to the bill be printed in been able to work things out, I hope, to rorist organization. Nor has the European the RECORD. everyone’s satisfaction. We are going Union. Let me be clear: failure to designate The PRESIDING OFFICER. Without to have a rollcall vote early in the day Hizballah as a terrorist organization makes objection, it is so ordered. on Thursday. It will be at 5:30 p.m. on it harder to defend our countries and protect The bill (H.R. 1845) was ordered to a Thursday. It will be in relation to the our citizens. As a result, for example, coun- third reading, was read the third time, FISA bill or the supplemental appro- tries that have arrested Hizballah suspects priations bill. for plotting in Europe have been unable to and passed. prosecute them on terrorism charges.’’; and f f Whereas, on October 26, 2012, Mr. Brennan called on the European Union to designate APPOINTMENTS AUTHORITY ADJOURNMENT UNTIL MONDAY, Hizballah as a terrorist organization, saying, Mr. REID. I now ask unanimous con- DECEMBER 24, 2012 ‘‘European nations are our most sophisti- sent that notwithstanding the upcom- Mr. REID. If there is no further busi- cated and important counterterrorism part- ing recess or adjournment of the Sen- ness to come before the Senate, I ask ners, and together we must make it clear ate, the President of the Senate, the that we will not tolerate Hizballah’s crimi- unanimous consent that it adjourn nal and terrorist activities.’’: Now, therefore, President pro tempore of the Senate, under the previous order. be it and the majority and minority leaders There being no objection, the Senate, Resolved, That the Senate— be authorized to make appointments to at 7:19 p.m., adjourned until Monday, (1) urges the governments of Europe and commissions, committees, boards, con- December 24, 2012, at 12 noon. the European Union to designate Hizballah ferences or interparliamentary con- f as a terrorist organization so that Hizballah ferences authorized by law, by concur- cannot use the territories of the European rent action of the two Houses or by NOMINATIONS Union for fundraising, recruitment, financ- order of the Senate. ing, logistical support, training, and propa- Executive nominations received by The PRESIDING OFFICER. Without ganda; the Senate: (2) urges the governments of Europe and objection, it is so ordered. FEDERAL LABOR RELATIONS AUTHORITY the European Union to impose sanctions on f Hizballah for providing material support to ERNEST W. DUBESTER, OF VIRGINIA, TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A Bashar al Assad’s ongoing campaign of vio- SIGNING AUTHORITY TERM OF FIVE YEARS EXPIRING JULY 29, 2017. (RE- lent repression against the people of Syria; Mr. REID. I ask unanimous consent APPOINTMENT) (3) expresses support for the Government of CAROL WALLER POPE, OF THE DISTRICT OF COLUMBIA, that from Friday, December 21 through TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS Bulgaria as it conducts an investigation into Thursday, December 27, the majority AUTHORITY FOR A TERM OF FIVE YEARS EXPIRING JULY the July 18, 2012, terrorist attack in Burgas, 1, 2014. (REAPPOINTMENT) and expresses hope that the investigation leader be authorized to sign duly en- f can be successfully concluded and that the rolled bills or joint resolutions. perpetrators can be identified as quickly as The PRESIDING OFFICER. Without DISCHARGED NOMINATION possible; objection, it is so ordered. (4) urges the President to provide all nec- The Senate Committee on Veterans’ f essary diplomatic, intelligence, and law en- Affairs was discharged from further forcement support to the Government of Bul- ORDERS THROUGH THURSDAY, consideration of the following nomina- garia to investigate the July 18, 2012, ter- DECEMBER 27, 2012 tion by unanimous consent and the rorist attack in Burgas; nomination was confirmed: (5) reaffirms support for the Government of Mr. REID. First of all, I appreciate the Presiding Officer filling in on an WILLIAM S. GREENBERG, OF NEW JERSEY, TO BE A Bulgaria by the United States as a member JUDGE OF THE UNITED STATES COURT OF APPEALS FOR of the North Atlantic Treaty Organization emergency basis to preside. It is not VETERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS. (NATO), and urges the United States, NATO, often we get one of the senior Members f and the European Union to work with the of the Senate to preside and I am Government of Bulgaria to safeguard its ter- grateful. It makes it so much easier on CONFIRMATIONS ritory and citizens from the threat of ter- everyone else. rorism; and EXECUTIVE NOMINATIONS CON- I ask unanimous consent that when (6) urges the President to make available FIRMED BY THE SENATE FRIDAY, the Senate completes its business to European allies and the European public DECEMBER 21, 2012: information about Hizballah’s terrorist ac- today, it adjourn until 12 noon on Mon- THE JUDICIARY tivities and material support to Bashar al day, December 24, 2012, for a pro forma Assad’s campaign of violence in Syria. session only, with no business con- MATTHEW W. BRANN, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- f ducted, and that following the pro TRICT OF PENNSYLVANIA. forma session, the Senate adjourn until MALACHY EDWARD MANNION, OF PENNSYLVANIA, TO IN-HOME MEDICARE COVERAGE BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE 10 a.m. on Thursday, December 27, 2012; DISTRICT OF PENNSYLVANIA. Mr. REID. Mr. President, I ask unan- that following the prayer and pledge, JON S. TIGAR, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF CALI- imous consent that the Senate proceed the Journal of proceedings be approved FORNIA. to H.R. 1845, which was received from to date, the morning hour be deemed WILLIAM S. GREENBERG, OF NEW JERSEY, TO BE A JUDGE OF THE UNITED STATES COURT OF APPEALS FOR the House. expired, and the time for the two lead- VETERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS.

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OPERATION AMERICAN HEROES assignments, including Salzburg, Austria, and Soon after the ban on enlistment was lifted, Fort Monmouth, N.J. where she worked in the he abandoned his Pre-Med studies at the Uni- HON. TED POE Adjutant General’s Office. They moved to Yon- versity of Hawaii and enlisted in the U.S. Army OF TEXAS kers in November 1961. in 1943. He was a war hero in the truest The Palais’ are very involved in civic; edu- sense of the term, earning a Medal of Honor IN THE HOUSE OF REPRESENTATIVES cational, religious, professional, political, vet- for his actions on the battlefields of World War Thursday, December 20, 2012 erans and community activities. Both served II before his State was even admitted to the Mr. POE of Texas. Mr. Speaker, it’s a privi- as President of Lincoln Park Taxpayers Asso- Union. lege to speak today about Operation American ciation where they are now Regents, and as Daniel Inouye was a Lieutenant and Platoon Heroes, an organization founded in 2009 by Chairman of the Yonkers Branch of the Amer- Leader on the battlefield in Tuscany, Italy in Vietnam War Veteran and Houston business- ican Red Cross. Lorraine is President of the April 1945. Even after being shot in the stom- man, John Carloss. Mr. Carloss recognized Yonkers Police Second Precinct Community ach by German machine gun fire, he refused gaps in government support programs and Council, serves as Treasurer of an Oil Coop- medical treatment and still managed to find has been working endless hours to create Op- erative and is on the Westchester County the courage to destroy 2 machine gun nests. eration American Heroes. Parks, Recreation and Conservation Board. Nearly losing consciousness from blood loss, Mr. Carloss knows American heroes consist Elliott is an administrator at Fordham Uni- he heroically charged a 3rd machine gun nest of more than just our warriors fighting over- versity where he directs the Title VI Programs. before having his right arm severed by a Ger- seas. Police officers, firefighters, border patrol He is a former Yonkers City Councilmember man grenade. Somehow, even after these agents, and first responders are just a few of and is a member of three veterans Posts (two grave injuries, Daniel Inouye still found a way the occupations fighting the front lines at of which he served as Commander) and Sec- to toss a grenade that destroyed the 3rd bunk- home. They all sacrifice to make sure Ameri- retary of the Yonkers Central Committee of er. cans are safe. As Mr. Carloss likes to say, we Veterans Organizations. He remained a proud member of the military Both were awarded the Americanism Award can give a little for those who have given until his honorable discharge as a Captain in by the Central Committee of Veterans Organi- much and have suffered difficulties and de- 1947. He was Hawaii’s first Representative in zations. They are both members of the serve our support overcoming obstacles they the House, a source of great pride to all Mem- Kiwanis Club of East Yonkers. Elliott is an may be facing due to their service. bers, past and present. Operation American Heroes provides imme- Honorary Kentucky Colonel for his service as a consultant to Western Kentucky University. As Hawaii’s first Congressman and, subse- diate and long term funding for non-profit or- quently, as a nine-term Senator, Daniel Inouye ganizations dedicated to improving the lives of They have four children, eight grandchildren and five great grandchildren. They attribute embodied the spirit of ‘‘aloha’’ in his work. those who have sacrificed so much to ensure Serving as Chairman of the Appropriations we are safe. Their unpaid Board of Directors their marriage longevity to love, patience, un- derstanding, caring and adversity in sickness Committee, he worked to strengthen our na- works with local businesses to raise these tional security and help veterans access the funds. They are proud to cover expenses so and in health. I am proud to be able to congratulate them benefits they’ve earned. one hundred percent of all funds raised go to- for all of their good works for their community He was a consistent champion for the inter- wards immediately helping heroes, or to the and their neighbors. And, like all who believe ests of Hawaii’s people. I am grateful for the foundations endowment which will support in love, I especially want to congratulate them opportunity to have worked with Senator many future generations of heroes. on the 60th anniversary of their marriage. Inouye, and my thoughts are with his family Every year American Heroes are honored They are a shining example to all of us. and with the people of his beloved Hawaii, during the week of September 11th by Oper- f who will always remember him for his leader- ation American Heroes. Individuals can show ship and his courage. As a Senator, he never their support in a unique way by becoming a RELATING TO THE DEATH OF THE forgot his military roots, and has always been ‘‘21 Gun Saluter’’ and business owners are HONORABLE DANIEL K. INOUYE, a voice for veterans. encouraged to donate a small percentage of A SENATOR FROM THE STATE Senator Inouye was a patriarch of Hawaii, their sales for the week. Mr. Carloss said, OF HAWAII and all Hawaiians will long remember his ‘‘These brave men and women are the reason unyielding devotion to the economic vitality, that we have the freedom to start, grow and SPEECH OF progress, and success of his beloved home prosper our businesses. It is only right that HON. SHEILA JACKSON LEE State. His fellow Americans will long remem- every business gives a small portion of their OF TEXAS ber his leadership in protecting our men and success in thanks.’’ IN THE HOUSE OF REPRESENTATIVES women in uniform, strengthening our national This organization proves, yet again that, in security, reaching across the aisle, and invest- Texas, patriotism is alive and well. Texans Wednesday, December 19, 2012 ing in a future of prosperity for all. honor not only our fallen heroes, but those Ms. JACKSON LEE of Texas. Mr. Speaker, who have survived. I rise in reflection and remembrance of the life By his actions, he stood firm for the inde- And that’s just the way it is. of Senator Daniel Inouye. pendence of the Congress, the strength of our democracy, and the values of the American f I was deeply saddened to hear of the loss of Senator Daniel Inouye on Monday; his people. LORRAINE AND ELLIOTT PALAIS passing marks the end of an era for the peo- I want to extend my condolences to his wife, ple of Hawaii, for the United States Senate Irene, his son Daniel Jr., and the rest of his HON. ELIOT L. ENGEL and Congress, and for the country. A public family as they mourn the loss of a great man. OF NEW YORK servant from start to finish, Daniel Inouye has When asked recently how he wanted to be IN THE HOUSE OF REPRESENTATIVES left a shining, indelible mark on history that will remembered, Daniel said, quite humbly, ‘‘I inspire Americans for generations to come. represented the people of Hawaii and this Na- Thursday, December 20, 2012 His story is simply incredible. Daniel was a tion honestly and to the best of my ability. I Mr. ENGEL. Mr. Speaker, December 28, medical volunteer during the Pearl Harbor at- think I did OK.’’ I think that I speak for us all 2012 will mark 60 years of marriage for Lor- tacks in 1941. Even though the U.S. Army when I say that this was quite an understate- raine (Lipsky) and Elliott Palais. They met at banned people of Japanese descent from en- ment for a man who accomplished so much New York University Heights in 1950 and lived listing, and even though Executive Order 9066 and sacrificed so for this country. And so with in the Bronx after their wedding. Elliott served authorized the internment of roughly 110,000 heavy hearts, we bid ‘‘aloha’’ to Senator Dan- in the United States Army from 1954–1956. Japanese Americans, Daniel Inouye found it iel Inouye—a man whose chapter in American Lorraine was able to accompany him at his within himself to be an American patriot. history will live on.

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

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1978 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 EXCHANGE OF LETTERS BETWEEN Defense Robert Gates and CIA Director Leon men and women, as evidenced by the make- CONGRESSMAN WOLF AND THE Panetta, saw the merit of the ISG and, in up of the ISG, who would be more than up to ADMINISTRATION REGARDING fact, served on the panel. Vice President the task. Biden, too, then serving in the Senate, was I firmly believe that an Afghanistan-Paki- THE AFGHANISTAN/PAKISTAN supportive and saw it as a means to unite the STUDY GROUP (APSG) stan Study Group could reinvigorate na- Congress at a critical time. A number of the tional confidence in how America can be suc- ISG’s recommendations and ideas were cessful and move toward a shared mission in HON. FRANK R. WOLF adopted. Retired General Jack Keane, senior Afghanistan. This is a crucial task. On the OF VIRGINIA military adviser to the ISG, was a lead pro- Sunday morning news shows this past week- ponent of ‘‘the surge,’’ and the ISG ref- IN THE HOUSE OF REPRESENTATIVES end, it was unsettling to hear conflicting erenced the possibility on page 73. Aside Thursday, December 20, 2012 statements from within the leadership of the from the specific policy recommendations of administration that revealed a lack of clar- Mr. WOLF. Mr. Speaker, news reports from the panel, the ISG helped force a moment of ity about the end game in Afghanistan. How Afghanistan continue to show that U.S. policy truth in our national conversation about the much more so is this true for the rest of the war effort. country? An APSG is necessary for precisely is not working. For fiscal year 2012, the House I believe our nation is again facing such a that reason. We are nine years into our na- provided the secretary of defense $1 million to moment in the Afghanistan war effort, and tion’s longest running war and the American establish the Afghanistan/Pakistan Study that a similar model is needed. In recent people and their elected representatives do Group (APSG). Modeled after the successful days I have spoken with a number of knowl- edgeable individuals including former senior not have a clear sense of what we are aiming Iraq Study Group (ISG), the APSG would be to achieve, why it is necessary and how far a bipartisan panel bringing together the best diplomats, public policy experts and retired and active military. Many believe our Af- we are from attaining that goal. Further, an and brightest minds to provide solutions on ghanistan policy is adrift, and all agreed APSG could strengthen many of our NATO how to assure a successful outcome in this that there is an urgent need for what I call allies in Afghanistan who are also facing troubled region. I have written President an Afghanistan-Pakistan Study Group dwindling public support, as evidenced by Obama and Secretary of Defense Leon Pa- (APSG). We must examine our efforts in the the recent Dutch troop withdrawal, and netta over a dozen times asking that the region holistically, given Pakistan’s stra- would give them a tangible vision to which to commit. APSG be established, so the American people tegic significance to our efforts in Afghani- will know that every effort is being made to stan and the Taliban’s presence in that coun- Just as was true at the time of the Iraq try as well, especially in the border areas. Study Group, I believe that Americans of all address a faltering U.S. policy at a critical This likely will not come as a surprise to political viewpoints, liberals and conserv- juncture. I submit for the RECORD the first part you as commander in chief. You are wall ac- atives alike, and varied opinions on the war of a series of letters from August 4, 2010 quainted with the sobering statistics of the will embrace this ‘‘fresh eyes’’ approach. through September 15, 2011 on this important past several weeks—notably that July sur- Like the previous administration’s support topic. How can President Obama and Sec- passed June as the deadliest month for U.S, of the Iraq Study Group, which involved tak- retary Panetta, who served on the ISG, con- troops. There is a palpable shift in the na- ing the group’s members to Iraq and pro- tinue to claim that putting ‘‘fresh eyes’’ on U.S. tion’s mood and in the halls of Congress. A viding high-level access to policy and deci- strategy in Afghanistan and Pakistan is a bad July 2010 CBS news poll found that 62 per- sion makers, I urge you to embrace an Af- cent of Americans say the war is going badly ghanistan-Pakistan Study Group. It is al- idea? Additional correspondence with the ad- in Afghanistan, up from 49 percent in May. ways in our national interest to openly as- ministration between October 3, 2011 and De- Further, last week, 102 Democrats voted sess the challenges before us and to chart a cember 13, 2012 will follow tomorrow. against the war spending bill, which is 70 clear course to success. Hon. BARACK H. OBAMA, more than last year, and they were joined by As you know, the full Congress comes back The President, The White House, Washington, 12 Members of my own party. Senator Lind- in session in mid-September—days after DC. say Graham, speaking last Sunday on CNN’s Americans around the country will once DEAR MR. PRESIDENT: On September 14, ‘‘State of the Union,’’ candidly expressed again pause and remember that horrific 2001, following the catastrophic and delib- concern about an ‘‘unholy alliance’’ emerg- morning nine years ago when passenger air- erate terrorist attack on our country, I ing of anti-war Democrats and Republicans. lines became weapons, when the skyline of voted to go to war in Afghanistan. I stand by I have heard it said that Vietnam was not one of America’s greatest cities was forever that decision and have the utmost con- lost in Saigon; rather, it was lost in Wash- changed, when a symbol of America’s mili- fidence in General Petraeus’s proven leader- ington. While the Vietnam and Afghanistan tary might was left with a gaping hole. The ship. I also remain unequivocally committed parallels are imperfect at best, the shadow of experts with whom I have spoken in recent to the success of our mission there and to history looms large. Eroding political will days believe that time is of the essence In the more than 100,000 American troops sacri- has consequences—and in the case of Afghan- moving forward with a study panel, and ficing toward that end. In fact, it is this istan, the stakes could not be higher. A year waiting for Congress to reconvene is too long commitment which has led me to write to ago, speaking before the Veterans of Foreign to wait. As such, I am hopeful you will use you. While I have been a consistent sup- War National Convention, you rightly said, an executive order and the power of the bully porter of the war effort in both Afghanistan ‘‘Those who attacked America on 9/11 are pulpit to convene this group in short order, and Iraq, I believe that with this support plotting to do so again. If left unchecked, the and explain to the American people why it is comes a responsibility. This was true during Taliban insurgency will mean an even larger both necessary and timely. Should you a Republican administration in the midst of safe haven from which al Qaeda would plot choose not to take this path, respectfully, I the wars, and it remains true today. to kill more Americans. So this is not only intend to offer an amendment by whatever In 2005, I returned from my third trip to a war worth fighting . . . this is fundamental vehicle necessary to mandate the group’s Iraq where I saw firsthand the deteriorating to the defense of our people.’’ Indeed it is creation at the earliest possible opportunity. security situation. I was deeply concerned fundamental. We must soberly consider the that Congress was failing to exercise the nec- implications of failure in Afghanistan. Those The ISG’s report opened with a letter from essary oversight of the war effort. Against that we know for certain are chilling—name- the co-chairs that read, ‘‘There is no magic this backdrop I authored the legislation that ly an emboldened al-Qaeda, a reconstituted formula to solve the problems of Iraq. How- created the Iraq Study Group (ISG). The ISG Taliban with an open staging ground for fu- ever, there are actions that can be taken to was a 10-member bipartisan group of well-re- ture worldwide attacks, and a destabilized, improve the situation and protect American spected, nationally known figures who were nuclear-armed Pakistan. interests.’’ The same can be said of Afghani- brought together with the help of four rep- Given these realities and wavering public stan. utable organizations—the U.S. Institute for and political support, I urge you to act im- I understand that you are a great admirer Peace, the Center for the Study of the Presi- mediately, through executive order, to con- of Abraham Lincoln. He, too, governed dur- dency, the Center for Strategic and Inter- vene an Afghanistan-Pakistan Study Group ing a time of war, albeit a war that pitted national Studies, and the Baker Institute for modeled after the Iraq Study Group. The brother against brother, and father against Public Policy at Rice University—and participation of nationally known and re- son. In the midst of that epic struggle, he re- charged with undertaking a comprehensive spected individual’s is of paramount impor- lied on a cabinet with strong, often times op- review of U.S. efforts there. This panel was tance. Among the names that surfaced in my posing viewpoints. Historians assert this intended to serve as ‘‘fresh eyes on the tar- discussions with others, all of whom more served to develop his thinking on complex get’’—the target being success in Iraq. than meet the criteria described above, are matters. Similarly, while total agreement While reticent at first to their credit Presi- ISG co-chairs Baker and Hamilton; former may not emerge from a study group for dent Bush, State Secretary Rice and Defense Senators Chuck Robb, Bob Kerrey and Sam Afkhanistan and Pakistan, I believe that Secretary Rumsfeld came to support the Nunn; former Congressman Duncan Hunter, vigorous, thoughtful and principled debate ISG, ably led by bipartisan co-chairs, former former U.S. ambassador Ryan Crocker; and discussion among some of our nation’s Secretary of State James Baker and former former Secretary Of Defense James Schles- greatest minds on these matters will only Congressman Lee Hamilton. Two members of inger, and General Keane. These harms are serve the national interest. The biblical ad- your national security team, Secretary of simply suggestions among a cadre of capable monition that iron sharpens iron rings true.

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1979 Best wishes. and look forward to working with you to en- including the enclosed review in the recent Sincerely, sure we are successful in Afghanistan and edition of Foreign Affairs. The review praises FRANK R. WOLF, Pakistan. the book as providing an in depth description Member of Congress. Best wishes. of the social structure of Afghanistan and P.S. We as a nation must be successful in Sincerely, the mistakes repeated by numerous foreign Afghanistan. We owe this to our men and FRANK R. WOLF, countries that have tried to help establish women in the military serving in harm’s way Member of Congress. military and political cohesion in the coun- and to the American people. try. The review states, ‘‘Whether one agrees Hon. LEON PANETTA, with Tomsen, however, there is no denying Hon. LEON PANETTA, Secretary of Defense, that his descriptions of Afghanistan’s soci- Secretary of Defense, The Pentagon, Wash- The Pentagon, Washington, DC. ety and politics are a valuable foundation for ington, DC. DEAR SECRETARY PANETTA: I want to fol- any discussion of how the country should be DEAR SECRETARY PANETTA: I write today low up on my previous letter regarding Af- governed . . . Given Tomsen’s track record, concerning the U.S. mission in Afghanistan ghanistan policy and bring to your attention Americans should give a respectful hearing and Pakistan. My amendment, which gives a book I am reading, The Wars in Afghani- to his call for a thorough policy reformula- the secretary of Defense the authority to es- stan, discussed in the enclosed Washington tion—something beyond tweaks to troop tablish an Afghanistan/Pakistan (Af/Pak) Post book review. Its author, Ambassador numbers and counterinsurgency tactics.’’ Study Group, was included in the House- Peter Tomsen, is a veteran of the Foreign I believe this book should be required read- passed FY 2012 Defense Appropriations bill. I Service and has an impressive background in ing for you and your team at the Pentagon. pressed for the amendment because I believe the South Asia region. If you have not read Ambassador Tomsen is ready and willing to fresh eyes are needed now to examine the sit- his book, I highly recommend it to you. The lend his expertise to this important effort uation on the ground and the overall U.S. Post review concludes: ‘‘This long overdue and I again ask that you or your staff meet mission. work . . . is the most authoritative account with him. I envision the Af/Pak Study Group being yet of Afghanistan’s wars over the last 30 Leon, I renew my call that you use your modeled after the Iraq Study Group (ISG). years and should be essential reading for discretion as secretary and create the Af/Pak Both you and your predecessor Bob Gates those wishing to forge a way forward without Study Group. We owe it to the men and served on the ISG and know better than repeating the mistakes of the past.’’ women serving and the families and spouses most the benefits it provided after three After three years of the Iraq war, the for- at home to ensure we have the correct strat- years of fighting in Iraq. Now that the U.S. mation of the Iraq Study Group garnered the egy. After 10 years of fighting, it is time to is in its 10th year in Afghanistan, I believe a support of Secretary Rumsfeld, Secretary have a fresh set of eyes examine U.S. strat- similar effort is necessary. Rice, and Joint Chiefs General Pace. Our egy. Far from a sign of weakness, creating Before he was appointed as ambassador to military men and women have been putting an independent Af/Pak study group would Afghanistan, Ryan Crocker supported cre- their lives on the line in Afghanistan every show the Nation that we are doing every- ating an Af/Pak Study Group, along with day for 10 years, seven years longer than thing possible to achieve our goals in this re- Ambassador Ronald Neumann and Jim Dob- when the decision was made to create the gion. bins from the RAND Corporation. American ISG to provide the independent assessment I would welcome the chance to speak with men and women are fighting and dying in Af- needed for U.S. policy in Iraq. I believe we you on this matter. ghanistan. If we are asking them to put their owe it to our brave soldiers to focus now Best wishes. lives on the line daily, I believe we have an with fresh eyes on the target in Afghanistan. Sincerely, obligation to provide an independent evalua- I have spoken with Ambassador Tomsen FRANK R. WOLF, tion of the U.S. mission. We owe our mili- about a framework for moving forward in Af- Member of Congress. tary forces nothing less. ghanistan, and he would be happy to meet I do not have the answers. But as you with you and your team to discuss his Hon. LEON PANETTA, know, there is a movement building in Con- breadth of experience there. I urge you to Secretary of Defense, U.S. Department of De- gress in favor of pulling troops out of Af- take him up on his offer. fense, The Pentagon, Washington, DC. ghanistan. An amendment offered by Rep. Best wishes. DEAR SECRETARY PANETTA: It was good to Jim McGovern earlier this year to the Na- Sincerely, be with you at the Pentagon on Sunday to tional Defense Authorization Act to accel- FRANK R. WOLF, honor the lives lost there 10 years ago in the erate U.S. departure from Afghanistan was Member of Congress. 9/11 attacks. I want to congratulate you on a narrowly defeated 204–215. If six members moving ceremony that showed reverence to had changed their vote, the amendment Hon. LEON PANETTA, the Pentagon employees and the passengers would have passed. I have talked to several Secretary of Defense, of American Flight 77 that perished on that members who voted against the McGovern The Pentagon, Washington, DC. awful morning. I appreciated your comments amendment who are seriously concerned DEAR SECRETARY PANETTA: I want to draw and those of Admiral Mullen. Several of my about the war in Afghanistan and could your attention to the enclosed letter I re- constituents died at the Pentagon and the change their vote if the situation on the ceived from retired Marine Corps General first U.S. service member killed in Afghani- ground does not improve rapidly. Charles Krulak regarding an Afghanistan/ stan was my constituent. I thank you and all I also believe it is critical that Afghani- Pakistan (Af/Pak) Study Group. those who have served in public office and in stan be examined in tandem with the facts General Krulak makes an important point uniform in the 10 years we have waged war on the ground in Pakistan. It is clear that in that we cannot be successful in Afghanistan against global terrorism. order to be successful in Afghanistan, we if we do not address the ongoing tensions and As I waited for the program to begin on must have a clear understanding of how frequent hostilities between Pakistan and Sunday, I saw you and former Defense Sec- Pakistan is influencing U.S. operations. Just India. I again ask you to take the language retary Rumsfeld and was struck by a vivid look at the recent news from the region. in the FY 2012 Defense Appropriations bill memory from 2005 of the events surrounding Hamid Karzai’s half-brother was murdered and use your authority to create the Af/Pak the Iraq war. We were three years into the and his funeral bombed, Karai advisor Jan Study Group. Every day we delay is another war, the security situation in Iraq was dete- Mohammed Kahn was murdered, and mili- missed opportunity to successfully address riorating, and our soldiers were dying every tants attacked and laid siege to the Inter- U.S. policy in South Asia. day. As a member of Congress who voted to continental Hotel in Kabul. The enclosed ar- Thank you for your time and I look for- send our troops to fight, I believed I had the ticle printed recently in the Washington ward to meeting with you in the near future added responsibility to make sure the ad- Post states, ‘‘. . . optimism and energy van- to discuss this important issue. ministration was receiving the best advice ished long ago, gradually replaced by cyni- Best wishes. possible on our Iraq strategy. cism and fear. The trappings of democracy Sincerely, So I proposed creating the Iraq Study remained in place . . . but the politics of eth- FRANK R. WOLF, Group (ISG) made up of experts outside gov- nic dog fights, tribal feuds and personal pa- Member of Congress. ernment to bring what I called ‘‘fresh eyes’’ tronage continued to prevail.’’ on the target. Secretary Rumsfeld, General The men and women serving in Afghani- Hon. LEON PANETTA, Pace, Secretary Rice, and NSC Chairman stan deserve to have fresh eyes look at this Secretary of Defense, The Pentagon, Wash- Hadley all came to see the value in the ISO. region as soon as possible. With House pas- ington, DC. By your participation, I think it is fair to sage of the Af/Pak amendment, I ask that DEAR SECRETARY LEON PANETTA: I know say you also saw its benefit, and I greatly you use your authority as secretary and you care deeply about the men and women in appreciated your outstanding service on the move quickly to create this study group. I uniform fighting in Afghanistan. That’s why bipartisan panel. You and the other Demo- have discussed my amendment with John I am disappointed that no one from your cratic members who gave your time during a Hamre at the Center for Strategic and Inter- staff has contacted former Ambassador Peter Republican administration exemplified the national Studies (CSIS) and he has offered to Tomsen, an expert on Afghanistan, to meet true meaning of service to your country. coordinate the group with professionals with with him, as I requested in my letter to you We are now into the 10th year of fighting a wide range of expertise. of August 1 (enclosed). in Afghanistan and the challenges we face I would appreciate the opportunity to meet Ambassador Tomsen’s new book, The Wars there continue. In 2001, I was the first mem- with you to discuss this important initiative of Afghanistan, is receiving positive reviews, ber of Congress, along with Rep. Joe Pitts, to

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1980 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 visit Afghanistan after the U.S. invasion, LAMONT MEAUX—HARD CORE against America’s enemy. He doesn’t talk against the wishes of the Defense Depart- TEXAN much about what he saw. He does remind ment. We saw firsthand the devastation that those at home that a lot of good men served the Taliban had visited on Kabul as well as HON. TED POE with him. Some returned. Some returned with the remnants of the U.S. Embassy that was OF TEXAS wounds of war. Some did not return. Accord- abandoned in 1979. I have also traveled to IN THE HOUSE OF REPRESENTATIVES ing to a man who served under him, Lamont Pakistan and seen the difficulties that coun- ‘‘was a good soldier’s officer who cared and Thursday, December 20, 2012 try faces combating the Afghan Taliban and felt for his men, but still served his country as other terror groups. Despite the current con- Mr. POE of Texas. Mr. Speaker, service to an officer and a gentleman.’’ He was known ditions, all my experience in this region tells God and country are the most honorable ac- as a leader who would do anything to protect me that success is possible if we formulate complishments and contributions that a person his men. the right strategy to deal with both Afghani- can make in life. Those who choose the path When Lt. Meaux returned to America he, stan and Pakistan. are the few, the bold, the brave, and the cou- like most Vietnam veterans, was treated badly As with the ISG, I believe fresh eyes are rageous. Today I am proud to honor deco- by Americans who did not serve America. In needed now to examine U.S. policy in Af- rated soldier, successful business owner, and February of 1970, Lamont would be dis- ghanistan and Pakistan. The security situa- devoted family man Lamont Meaux for his charged from the United States Army with nu- tion continues to erode as evidenced by co- work on behalf of his country and his commu- merous honors. He was awarded a National ordinated insurgent attacks on heavily for- nity. Defense Service Medal, Vietnam Service tified U.S. and NATO compounds just this Lamont Edward Meaux has known the cost Medal, Bronze Star Medal, Second Oak Leaf week. The Taliban still finds safe haven in of service to one’s country since the day he Cluster, and two Over Seas Bars. When the tribal wilderness of Pakistan and the ISI was born. On September 2, 1945, his father asked why he did not put in for the Purple actively funds terrorist groups. Clifton Meaux, who was serving his country in Heart, Lamont responded that there were oth- Given these and other concerns on the the United States Navy at the end of the Sec- ers he sent out in the jungle that came back ground in Afghanistan, I continue to be puz- ond World War, received a telegraph with 6 with more serious injuries. One souvenir he zled why you, the Joint Chiefs of Staff and simple words that would change his life for- was proud to bring home was a telegram with Secretary Clinton are not supporting the Af/ ever: ‘‘Son born, Mom and baby ok.’’ This the same 6 words that his father brought back: Pak Study Group idea in the same manner sense of purpose and sacrifice would go on to ‘‘Son born, Mom and baby ok.’’ They would that Secretary Rumsfeld and other Bush ad- define Lamont’s life. have 3 sons before the marriage ended in ministration officials supported the ISG. As a young child, Lamont’s family moved 1994. Those sons were Edward, Terrell, and Having the experience of serving on the ISG from Beaumont, TX, to the Winnie-Stowell David. Lamont would remain a member of the and now serving as Secretary of Defense with area of South East Texas. Farming is the Army Reserves through 1974. a Democratic president (who I acknowledge main economic activity in the area, and La- The heroic service Lamont made during his inherited the war in Afghanistan), you are in mont would learn at an early age that he pos- time in the Vietnam War lined him up for a a unique position to make this group a re- sessed quite the green thumb. Before the age promotion to Captain, but his heart belonged ality. The authorization and funding for the of 10, he was growing and selling tomatoes to his family back in Southeast Texas. He re- Af/Pak Study Group in the House-passed De- for 17 cents a pound. He is still happy to turned home and took up what was natural to fense Appropriations bill gives you the au- share his secrets with anyone who will listen. him—farming. For the next 25 years, he would thority to create this group today. Lamont would also spend time working in the farm rice, wheat, soy beans, and milo, at one I have to tell you that I continue to be dis- abundant oil fields across Southeast Texas time up to 3,000 acres. Mr. Speaker, I prob- appointed that your staff has yet to contact before graduating from East Chambers High ably represent more rice farmers than any former Ambassador Peter Tomsen to discuss School in Winnie, Texas. other member in Texas. Let me tell you, rice his book, The Wars of Afghanistan. His book His success growing tomatoes made La- farming is hard intense working of the land. provides insightful information on the tribal mont a natural fit for Texas A&M University. Lamont Meaux’s ingenuity was not confined structure of both Afghanistan and Pakistan He was a member of the Corps of Cadets to the battlefield or the farm. In 1976, Lamont and the political allegiances that underlie Company C–2, whose motto ‘‘Our family is our saw the need for some corrugated metal all actions in the region. I believe his knowl- strength’’ is very appropriate. As a proud drainage pipes on the farm. Thinking big, he edge and experience in this region would be Aggie, Lamont would drive his ‘‘Old Blue’’ car ordered a train load, used what he needed invaluable in formatting future policy in to as many football games as possible, both and sold the rest to the other farmers in the South Asia. I respectfully ask again: please home and away. He would earn his BS in In- area. This is the beginning of Seabreeze Cul- take advantage of his work and meet with dustrial Distribution in 1968 and a week later vert, Inc. Lamont would eventually start de- him as soon as possible. married JoRella White. signing his own drainage control structures, Leon, I don’t have the answers on Afghani- Upon graduation, the United States was en- turning Seabreeze from a simple agricultural stan. Perhaps current U.S. strategy is the trenched in the Vietnam War. Knowing that he dealer to a respected creative solution pro- best way forward. But we owe it to the men would be called to duty, Lamont did all he vider for industrial, environmental, commercial, and women in uniform who have served and could to protect his family while he was gone. and municipal areas. He would go on to cre- continue to serve there—some paying the ul- He worked for a few months at an engineering ate Seebreeze Chemical, Inc., to provide timate sacrifice—to know definitively. I con- firm in Dallas and even sold his Texas A&M cheaper products for the local farmers as well tinue to believe that fresh eyes from outside Senior Boots. Senior Boots are the most as raising chickens as Seabreeze Farm. government focused on assessing the situa- prized possession of any Aggie. In May of Lamont is a vital part of the community as tion is the prudent action to take. I ask that 1968, as a member of the United States Army, well. He is a member of the Winnie Chamber you take the advice of those who support an he left for Fort Benning in Georgia for Officer’s of Commerce, Society of Professional Engi- Af/Pak Study Group, including Jim Dobbins, Infantry School. The next year he took off to neers, Texas Farm Bureau, and Corps of Ca- General Charles Krulak, Ryan Crocker, who Panama to train at the Jungle Operations dets Association at Texas A&M. Meaux is I spoke with prior to his appointment as am- Training Center to prepare him for conditions Master Chairman for the Beaumont A&M Club, bassador to Afghanistan, and other promi- unlike anything he could see in Southeast board member of the East Chambers Agricul- nent Americans with experience in this re- Texas. His grandsons love to hear how he tural Historical Society, and committee mem- gion. was taught worms and bugs and jungle sur- ber of the Regional Advisory Council of the I believe it would be a sign of strength to vival. General Land Office. Lamont is a past mem- appoint a study group and let the American Lamont was then ready for deployment as ber of the American Rice Growers Associa- people know that the administration is will- 1st Lieutenant of the United States Army’s tion, American Soybean Association, and ing to examine all possible policies to 199th Light Infantry Brigade. While he was American Rice Growers Exchange. achieve a successful outcome in this trou- being transported to his assignment in Viet- A lifelong interest in politics paid off for La- bled region. nam, Lamont was asked if he knew the aver- mont in a much unexpected way. In 1997, Best wishes. age life span of an Infantry Lieutenant in ‘‘The Hazel, a staffer working on Kay Bailey Sincerely, Country.’’ He was shocked to hear ‘‘27 sec- Hutchison’s U.S. Senate campaign, heard FRANK R. WOLF, onds’’ but continued on, determined to serve about a former Aggie much like herself that Member of Congress. his country to the best of his ability Lt. Meaux was very politically minded. They met at a fought in the hot steamy jungles of Vietnam Beaumont A&M Club meeting in 1997 and hit

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1981 it off instantly. They bonded over the Aggies, Representatives and the National School homes is more than just housing or a neigh- and whiskey, and politics, and the rest, as Boards Association spanned 28 years. borhood, it is a community. they say, is Texas history. Hazel gave Lamont Katrina Ann Kelley was born on September The housing lease for this Section 801 con- the birthday present of a lifetime when they 29, 1960, to William and Joan Kelley, in tract expired in 2007 and the ground lease is married on September 2, 1999. Galesburg, Illinois where she was raised along scheduled to expire on June 26, 2018. Without Lamont Meaux has dedicated his life to with six beloved siblings. She graduated an extension of the ground lease, the 400 serving his country and his community, and Galesburg Sr. High School in 1978 as mem- houses must be removed from their current lo- they are both better places because of him. ber of the National Honor Society before cation no later than 180 days following the ex- Lamont Meaux is as Texan as they come. He heading to Marycrest College in Davenport, piration of the lease. The most likely outcome is vocal, opinionated, and a hard core patriot Iowa, for a Bachelor of Arts in social work. of this situation is a complete demolition of that never forgets honor, duty, country. I am Katrina joined the staff of Congressman these properties. honored and privileged to call Lamont Meaux Lane Evans in 1984 as a District Caseworker Currently, these 400 houses are nearly a close friend. Thank you Lamont Meaux for in his Illinois office; then made the move to 100% occupied (99% in August of 2012) serving our nation and the great State of Washington, DC to become a Legislative As- which is an unbiased testament to the value of Texas. sistant. Later, Katrina served as a Legislative these houses. Additionally, the four and five And that’s just the way it is. Assistant and a Legislative Director for Rep- bedroom units are a valuable but very limited f resentative Charles A. Hayes of Chicago. resource for the large number of military fami- Katrina loved her years ‘‘on the Hill’’ where lies with multiple children stationed in the CONGRATULATING JEFF DOUG- she made many lifelong friends and brought area. In fact, seeing the value of these homes LASS, WINNER OF THE GOV- her compassion for constituent service to to both the military community and the local ERNOR’S 2012 INNOVATORS every position. Katrina had immense respect tax base, several community leaders and in- UNDER 40 AWARD for Congressman Evans and the late Rep- terests have written to me over the past cou- resentative Hayes and considered each of ple of years to express their support for ex- HON. DANIEL WEBSTER them personal mentors and lifelong friends. tending the ground-lease under these homes. OF FLORIDA Katrina took her comprehensive legislative While I understand that this is a sensitive IN THE HOUSE OF REPRESENTATIVES knowledge and understanding of urban issues issue, it simply does not make sense for 400 to the National School Boards Association, high-use and high-value homes to be torn Thursday, December 20, 2012 NSBA, where she served as the Director of down. There must be a better solution. This Mr. WEBSTER. Mr. Speaker, I am pleased Urban School District Advocacy, and later as bill may not be that solution, but it is a critical to congratulate Jeff Douglass, winner of the the Director of the Council of Urban Boards of step in the direction to finding one. Governor’s Innovators Under 40 Award. Mr. Education, CUBE, until her departure in 2012. f Douglass is the founder and CEO of Cybis Katrina helped to shape the CUBE program as Communications, a creative technology and a critical component of the National School TRIBUTE TO REVEREND communications company based in Orlando, Boards Association, touching over one hun- ALEXANDER I. DUNLAP Florida. dred urban districts and millions of children in Mr. Douglass, a graduate of the University the United States and the Virgin Islands. HON. BOBBY L. RUSH of Central Florida, founded Cybis Communica- Katrina’s work helped urban school leaders OF ILLINOIS tions in 1995. Recruiting new clients solely by find solutions to challenges at the local level IN THE HOUSE OF REPRESENTATIVES word of mouth, Mr. Douglass has emphasized and to improve their policy-making effective- Thursday, December 20, 2012 a personal approach to each project and today ness, leading to improved outcomes for chil- serves as not only the CEO but also as Cybis dren. Katrina deeply believed in increasing the Mr. RUSH. Mr. Speaker, I rise today to pay Communication’s Executive Producer, focus- opportunities for all students, particularly low tribute to the late-Reverend Alexander I. ing on creative and live event productions. By income and minority students. Dunlap. Born December 4, 1930 to Rev. I.D. 2006, Cybis was producing events for such Katrina passed away with her sisters at her Dunlap, an A.M.E. minister, and Elmira McCoy prestigious customers as the White House and side on October 9, 2012. I stand here today to Dunlap, a teacher in the public schools of the Office of the President. honor Katrina Ann Kelley for her legacy of North Carolina, Rev. Dunlap was the child of The Governor’s Innovators Under 40 Award service to the citizens and students of the parents who loved the Lord and who loved is one of Governor Rick Scott’s 2012 United States. education; each of them was an integral part Innovators in Business Awards, which are de- f of the man he was to become. signed to recognize outstanding contributions A.I, as he was affectionately known, lost his toward growing and diversifying Florida’s TO PROVIDE FOR THE CONTINUED father at the early age of 10, yet he was proud economy. The Innovators Under 40 Award is LEASE OR EVENTUAL CONVEY- to tell everyone that he was raised by a phe- presented to Florida residents under the age ANCE OF CERTAIN FEDERAL nomenal woman who helped instill in him a of 40 who own or lead a Florida company with LAND WITHIN THE BOUNDARIES sense of dignity and respect for himself and annual revenue of $1 million or more, and who OF FORT WAINWRIGHT MILI- who told him that ‘‘You may be as black as have created at least 10 jobs since January TARY RESERVATION IN FAIR- coal but you are just as good as any child 2011. BANKS, ALASKA God has ever made.’’ Through Mr. Douglass’s direction, Cybis has A.I. attended North Carolina A&T University expanded and recently relocated to a design HON. DON YOUNG where he received a Bachelor of Science de- and production studio in downtown Orlando. OF ALASKA gree. He joined the U.S. Army and served dur- Mr. Douglass is to be congratulated for the IN THE HOUSE OF REPRESENTATIVES ing the Korean War for four years and was hard work and dedication he has dem- honorably discharged. He continued to pursue Thursday, December 20, 2012 onstrated and for the contributions to Florida’s his love of God and education by attending economy that this award signifies. He is de- Mr. YOUNG of Alaska. Mr. Speaker, I rise Gammon Theological Seminary in Atlanta serving of this recognition. May his work in- today to introduce legislation to continue the where he received his Masters of Divinity de- spire others to follow in his footsteps. conversation on how to preserve and protect gree. He also later took courses in Pastoral f an important neighborhood in Fairbanks, Alas- Counseling at Emory and Duke Universities. ka from eventual destruction. While still a young man in college, A.I. HONORING KATRINA ANN KELLEY In 1987, the Army entered into a Section began his civil rights activities organizing sit- 801 build-to-lease housing contract for 400- ins to protest the college Administration’s poli- HON. KEITH ELLISON home community on seventy-six acres of land. cies. His love of community and commitment OF MINNESOTA These homes, consisting of three, four, and to the equal rights of every man, woman, and IN THE HOUSE OF REPRESENTATIVES five bedroom units, a maintenance and leasing child continued to grow from the start of his facility, associated roads and parking areas, career with the AME Church. As an Itinerant Thursday, December 20, 2012 landscaping, eighteen playgrounds, and a cen- Elder, Rev. Dunlap travelled to many commu- Mr. ELLISON. Mr. Speaker, I rise today in tral heating system including 39 boiler houses, nities in Georgia, Virginia, North Carolina, and honor of Katrina Ann Kelley, a dedicated pub- are an important source of housing for military finally to Illinois. Wherever he went, he made lic servant whose service to the House of families and the local area. This group of an impact. A.I. strove to ensure that everyone

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1982 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 he encountered knew Jesus and were treated to March in Marquette Park, one of the most HONORING THE LIFE OF LEONILA with the dignity and respect they deserved in segregated neighborhoods in Chicago in the VEGA all facets of their lives. 70s. For the city’s failure to provide adequate During Rev. Dunlap’s tenure as an A.M.E. protections for their peaceful demonstration, minister, he participated and held positions A.I. sued the City of Chicago and won his HON. LINDA T. SA´ NCHEZ some examples of his contributions: Special case in DUNLAP v. CITY OF CHICAGO (435 OF CALIFORNIA Consultant to the North Carolina Fund, which F.Supp. 1295 (1977)). evaluated community action programs for the IN THE HOUSE OF REPRESENTATIVES These are just a few examples of the long- state of North Carolina; Faculty member and lasting impacts that Rev. Dunlap made to- Vice President of Kittrell College in North Thursday, December 20, 2012 wards the greater objective of creating a more Carolina; Chairman, Carolina Ford Fellowship; loving and just society. Ms. LINDA T. SA´ NCHEZ of California. Mr. Chairman, Board of Directors for United Com- Speaker, on November 19, 2012, the move- munity Action: Director of Direct Action, Chi- While the family of Shepherd A.I. Dunlap ment to improve direct care jobs lost a fear- cago’s Southern Christian Leadership Con- will miss him, we do not mourn his death. We less and spirited leader when Leonila Vega ference; Chairman, Chicago Action Com- are so grateful to God Almighty that he al- mittee; Member, Board of Directors, Urban lowed him to be with us for 82 years. He passed away after battling cancer for fourteen Training Center for Christian Mission; Chair- leaves the following persons happy about his months. As an advocate for direct care work- man, 4th Episcopal Mass News Media, A.M.E. life—his children: Michele (Donald), Haughton; ers—the more than four million workers who Church; Special Consultant to the late Bishop Alexander, Jr. ( Darlene); Michael (Ophelia); assist elders and people living with disabil- Frederick Jordan, Ecumenical Relations, Na- Barbara; grandchildren: Nikhitut, Anjelica, Isa- ities—Leonila fought to improve wages, ac- tional A.M.E. Church; Vice President, Danville, iah, Jillian, Chelsea, great-granddaughter cess to benefits, and respect for the profes- VA Ministerial Alliance; member of the Des Camia; a host of cousins, nieces, nephews, sion. Born in rural Mexico, Leonila came to the Plaines Ministerial Alliance; Professor of and a myriad of friends. United States as a teenager eager for the op- Urban Programs for the Meadville Theological portunity to pursue an education. She taught Seminary, affiliated with the University of Chi- f herself to speak and read English, worked her cago; Director of Social Action, A.M.E. Min- way through college, and went on to earn a isterial Alliance of Chicago. CONGRATULATING MAX BROWNE law degree. As a disability rights attorney in Although Rev. Dunlap was very involved as Wisconsin, Ms. Vega developed a reputation a minister, he also found time to become in- as a ferocious advocate for the elderly and volved in civic and political organizations. HON. DAVID G. REICHERT people living with disabilities. Her cases ex- Some of these organizations and affiliations OF WASHINGTON posed her to the plight of direct care work- ers—many of whom are immigrant women— included Rev. Dunlap’s Charter Membership in IN THE HOUSE OF REPRESENTATIVES the Prince Edward County Christian Associa- and she saw firsthand the challenges they tion, an organization that placed black pupils Thursday, December 20, 2012 faced, working long hours for little pay and no in schools after they had been closed to avert benefits, entrusted with the lives of their cli- integration in Prince Edward county Virginia; Mr. REICHERT. Mr. Speaker, I rise today to ents while suffering an alarming lack of re- Charter Membership in the Danville Christian congratulate an exceptional young man, Max spect. Her desire to improve life for these Progressive Association, an organization that Browne, who was recently named the 2012– caregivers led her to become the Executive broke down racial segregation in education 2013 Gatorade National Football Player of the Director of Direct Care Alliance. At Direct Care and employment; Charter membership in the Year. Alliance, Ms. Vega worked to eliminate the ex- Halifax County Voters Movement that reg- Max Browne grew up in the district I rep- ploitation of direct care workers and its harm- istered 100,000 new voters in eastern North resent, Washington’s 8th. At 6 feet 5 inches ful effects on care quality by empowering nu- Carolina; Charter membership in the Coalition and 218 pounds, he became Skyline High merous direct care workers to see the valu- for United Community Action that helped School’s star quarterback this year, leading able role they play in society. As she said, it break down discrimination in the Chicago Con- the Spartans to a 14–0 record and a Class 4A was her American dream to help others real- struction industry; the First Executive Director state championship this fall. Browne passed ize their potential. I admire Ms. Vega’s work and founding member of Black Contractors for 4,526 yards, 49 touchdowns and just five on behalf of direct care workers, immigrants United; President of the Dr. Martin Luther King interceptions. and people of color, and am saddened that we Coalition in Chicago; Member of the Chicago Max Browne is not only an exceptional ath- have lost such a vivacious and dynamic lead- Urban League; Chairman of the 2nd Congres- lete; he is an extraordinary human being. er. sional District of North Carolina; Chairman of While a star quarterback at Skyline High Among the issues that Ms. Vega cham- the Board of Directors of the North Carolina School in Sammamish, Washington, he main- pioned was the extension of the Fair Labor voter Education Project. tained a 3.50 GPA, was a three-time Skyline Standards Act to cover home care workers. While A.I. was busy bringing people to High Student of the Month Citizenship Award Jesus and helping to create a better world for Sadly, this essential workforce is excluded recipient and volunteered on behalf of from these basic protections. Such poor work- all, he also had a family. A blind date in At- Issaquah Parks and Recreation, the lanta led him to the love of his life and wife of ing conditions hinder recruitment and retention Sammamish/Issaquah Young Life ministry and which, in turn, negatively affect the quality of 44 wonderful years, Margaret Della Princess as an intern with G2 Physical Therapy. He has Esther Lee Dunlap, who predeceased him on care that millions of Americans receive. Trou- also worked with Generation Joy and raised bled by this injustice, Ms. Vega ensured that October 29, 2004. To that union four children funds to benefit cancer research. were born: Michele Arnita, Alexander, Jr, Mi- the issue remained at the center of Direct chael Andre and ‘‘baby’’ Barbara Andrea. He This is the second Gatorade State Player of Care Alliance’s agenda. I was inspired by her was a devoted husband and a generous and the Year award for Max Browne, who broke passion to improve direct care jobs and intro- caring father. He would often state how people the state record for career passing yards and duced the Direct Care Workforce Empower- were amazed with all that he did that he had completions this year, surpassing Detroit Lions ment Act in 2010 and reintroduced a similar time to have one child, much less four. A.I. quarterback and Gatorade Washington Player bill—the Direct Care Job Quality Improvement loved music and played the trumpet for many of the Year Kellen Moore. His second award Act in 2011. One year ago, President Obama years, loved sports (especially basketball), was presented by Seattle Seahawks rookie announced the Department of Labor’s pro- was an avid reader, and an exceptionally Russell Wilson, an added bonus to the won- posed rule to extend minimum wage and over- skilled poker player. derful honor. time protections to home care workers. Sadly, Through his efforts, A.I. helped open doors I am incredibly proud of this young man. Ms. Vega did not live to see the rule finalized, to African Americans in construction, edu- The Gatorade Player of the Year program rec- but we will continue to fight to make things cation, housing and employment. He was re- ognizes outstanding athletic excellence, aca- right for direct care workers, just as she would sponsible for helping to write some of the first demic achievement and exemplary character have done. The values that Ms. Vega fought Affirmative Action Programs for companies like demonstrated on and off the field. It is an to advance—respect and dignity for all peo- Sears Roebuck and Co., Dearborn Park, CNA honor to represent him as a constituent, and ple—are ones that everyone, regardless of po- Financial, and Montgomery Ward to name a I know that he will set an example for his litical affiliation, shares and we must work to- few. He sued the City of Chicago for the right teammates for years to come. gether to move those efforts forward.

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1983 HONORING JAY PIERSON ON HIS tion to the liberty movement was his work sup- When I left Congress in 1984, Burt and RETIREMENT FROM THE HOUSE porting libertarian scholars—especially young- George assisted me in establishing Ron Paul OF REPRESENTATIVES er scholars, who often lacked opportunities Coins. I worked with Burt and George until I available to their peers who were willing to returned to Congress in 1996 and had to end SPEECH OF promote statist academic orthodoxy. my involvement in the company. Getting to HON. JOE WILSON George began supporting promising liber- know George was one of the most enjoyable OF SOUTH CAROLINA tarian scholars in the 1950s, when he met aspects of working in the coin business. You IN THE HOUSE OF REPRESENTATIVES Professor F.A. ‘‘Baldy’’ Harper at Robert could not ask for a better business partner or LeFevre’s Freedom School. Harper imme- friend than George. He never treated anyone Tuesday, December 18, 2012 diately recognized George’s qualities of mind with anything less than complete respect. He Mr. WILSON of South Carolina. Mr. Speak- and strong character, and eventually recruited had a wonderful understated sense of humor, er, I would like to take this opportunity to rec- George to work with the William Volker Fund. and like our mutual friends Murray Rothbard ognize Mr. Jay Pierson, Floor Assistant with At the time, the Volker Fund was one of the and Burt Blumert, a Menckenesque apprecia- the Office of the Speaker, on his retirement few organizations dedicated to the develop- tion of the absurdities of modern American from over 34 years of dedicated service in the ment and promotion of libertarian ideas. politics. George also never lost his ability to House of Representatives. At the Volker Fund, George worked with spot potential young leaders or counsel, as- Jay has been an exemplary public servant many leading libertarians thinkers of the day sist, and spend time talking to young people who has demonstrated the highest standards to identify books and authors worthy of pro- interested in advancing liberty. My Legislative of professionalism on a daily basis. His career motion and support. One of the people Director, for example, benefited from George’s in public service has been a testament to the George worked with was Murray Rothbard, advice and friendship. importance of unselfish devotion. Ludwig von Mises’ heir and the founder of the Mr. Speaker, George Resch’s many friends I know firsthand of Jay’s professionalism modern libertarian movement. George and in the liberty movement are deeply saddened from my first day of advising on protocol, and Murray’s friendship began when they dis- by his passing. We are also grateful for all he he is always cheerful while providing counsel cussed monopolies. George had heard that did to build the liberty movement, and for the on proper parliamentary procedure. Rothbard was developing a theory of antitrust example he set for all of us who continue his As Jay embarks on a new chapter in life, it more ‘‘radical’’ than Mises’, and wanted to work of advancing freedom. is my hope that he may recall with a deep learn more. The conversation resulted in a f sense of pride and accomplishment the out- friendship that lasted until Murray passed ´ standing contributions he has made to the away in 1995. TRIBUTE TO JOHN DELEON United States House of Representatives and In 1961, George helped Professor Harper the people of the United States of America. create the Institute for Humane Studies (IHS). HON. CHARLES A. GONZALEZ I would like to send Jay my best wishes for IHS’s goal was to expand the Volker Fund’s OF TEXAS continued success in his future endeavors, mission of promoting libertarian scholarship by IN THE HOUSE OF REPRESENTATIVES and may his life be filled with health and hap- identifying and supporting young people with piness. the potential to become leading libertarian Thursday, December 20, 2012 f scholars. George played a major role in help- Mr. GONZALEZ. Mr. Speaker, I ask my col- ing to sustain and grow IHS in its early years. leagues to join me in recognizing the life of a PERSONAL EXPLANATION In fact, it is not an exaggeration to say that soldier, an inspiring community leader and a Baldy Harper never would have gotten IHS off dear friend of mine who is no longer with us, HON. PETER WELCH the ground without George’s help. The thou- Mr. John de Leo´n. OF VERMONT sands of young people who have been intro- John was born in San Antonio, Texas on IN THE HOUSE OF REPRESENTATIVES duced to the ideas of liberty through IHS’s May 6, 1944. He began his career with the Thursday, December 20, 2012 programs, as well as those who received aca- United States Army before going on to serve Mr. WELCH. Mr. Speaker, had I been demic and career support from IHS, all owe a a long career with the Federal Government. present for rollcall vote Nos. 627 and 628, I debt of gratitude to George Resch. Throughout his career, John was dedicated to would have voted ‘‘aye.’’ In 1965, George helped his friends Murray community development, civil rights and Rothbard and Leonard Liggio publish Left and human rights. As a result of his exceptional f Right, a journal dedicated to preserving the work, dedication and professionalism, he re- TRIBUTE TO GEORGE RESCH ‘‘Old Right’s’’ limited government and anti-im- ceived several awards and special recogni- perialist ideals. As the title suggests, Left and tions from community organizations and the HON. RON PAUL Right also sought to create an alliance with Federal Government. OF TEXAS the anti-imperialist and anti-corporatist ele- Once he retired from the Federal Govern- IN THE HOUSE OF REPRESENTATIVES ments found on the left. Left and Right was ment, Mr. de Leon went on to serve with the published until 1968. However, its influence is City of Houston, became Chairman of the Har- Thursday, December 20, 2012 still felt today. The seeds that Rothbard, ris County Tejano Democrats, and later as Mr. PAUL. Mr. Speaker, I rise to honor H. Liggio, and Resch planted are at last bearing Chairman of the U.S. Democrats Abroad in George Resch, who passed away last week. fruit as a new left-right coalition has embraced Mexico. Mr. de Leon not only spent his life as George was a lifelong champion of liberty, the ideas Left and Right championed. This co- a dedicated public servant, but as a loving sound money, and peace who played a key alition of libertarians, liberals, and constitu- husband to his dear wife Irene, father, grand- role in the development of the modern liberty tional conservatives is working together to op- father and dear friend to many. Please join me movement. I was privileged to know George pose militarism, protect civil liberties, end cor- in recognizing his career of distinguished serv- as a business associate and a friend. porate welfare, and reduce the power of the ice and contribution to our great country. George was one of the liberty movement’s Federal Reserve. f leading experts on the dangers of government George also had a successful private-sector control of education. One of his most signifi- career working with Burt Blumert at Camino DON’T LET FOREIGN AID FALL cant contributions to libertarian scholarship Coins. Burt and George truly were kindred OFF THE FISCAL CLIFF was an essay titled ‘‘Human Variations and In- souls, both tireless promoters and supporters dividuality,’’ published in the 1974 anthology of the ideas of liberty. Burt and George made HON. HOWARD L. BERMAN The Twelve Year Sentence. In this essay, Camino one of the country’s top coin busi- OF CALIFORNIA George convincingly challenged the popular nesses. IN THE HOUSE OF REPRESENTATIVES idea that government must control education George also worked with Burt at the Center in order to ensure ‘‘equality of opportunity.’’ As for Libertarian Studies. The Center published Thursday, December 20, 2012 George made clear, because all people differ the Journal of Libertarian Studies (among Mr. BERMAN. Mr. Speaker, as negotiations in their abilities and interests, the only way the many other projects), the first academic jour- to avoid the ‘‘fiscal cliff’’ enter the final stages, state can ensure ‘‘equal opportunities’’ is to nal devoted to the ideas of liberty. George it is important that we keep in mind the poten- prevent any student from excelling. also helped Burt and Lew Rockwell establish tially devastating consequences of across-the- As important as George’s scholarship on and develop Lewrockwell.com, the world’s board cuts. This is true not only for domestic educational freedom was, his main contribu- most-visited libertarian web site. programs, but also for foreign assistance,

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1984 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 which represents less than one percent of the to pressing humanitarian needs. We see first- Had I been present for rollcall vote No. 633, Federal budget and is one of the most cost- hand how foreign assistance is saving lives on motion to suspend the rules and pass H.R. effective ways of protecting our interests and easing the suffering of countless people. 6672, to reauthorize certain programs under The need for the United States to respond across the globe. Today, more than ever, our to global humanitarian emergencies is in- the Public Health Service Act and the Federal health, security, and prosperity depend on a creasing exponentially at the very time that Food, Drug, and Cosmetic Act with respect to world in which basic human needs are met, across-the-board cuts may go into effect. public health security and all-hazards pre- fundamental rights and freedoms are re- While we appreciate the daunting budget paredness and response and for other pur- spected, conflicts are resolved peacefully, and decisions ahead, foreign aid represents less poses, I would have voted ‘‘aye.’’ the world’s resources are used wisely. than one percent of all federal spending, and Had I been present for rollcall vote No. 634, In this regard, I commend to my colleagues non-war foreign assistance has already been on motion to suspend the rules and pass H.R. an excellent op-ed by Sharon Waxman, vice- cut by 15 percent over the last two years. An additional 8.2 percent reduction in foreign 1845, the Medicare IVIG Access Act, I would president of the International Rescue Com- aid will undoubtedly cut the very programs have voted ‘‘aye.’’ mittee. Her article in The Hill, ‘‘Don’t Let For- that enable the United States to respond to Had I been present for rollcall vote No. 635, eign Aid Fall Off the Fiscal Cliff,’’ outlines the human suffering and foster economic growth on motion to suspend the rules and agree to importance of foreign aid in saving lives and and stability. It will put millions of lives at H. Res. 668, to refer H.R. 5862, a bill making easing suffering for millions around the world. risk and set the U.S. back years in its effort congressional reference to the United States [From The Hill, Nov. 30, 2012] to lift people out of poverty and reduce de- Court of Federal Claims pursuant to sections pendency. Such cuts would be shortsighted DON’T LET FOREIGN AID FALL OFF THE FISCAL 1492 and 2509 of title 28, United States Code, and would not solve America’s fiscal woes. CLIFF America’s continued leadership in foreign the Indian trust-related claims of the Quapaw (By Sharon Waxman) policy and foreign assistance is critical, but Tribe of Oklahoma as well as its individual With the presidential election behind us, it cannot happen on a shoe-string budget. members, as amended, I would have voted attention has turned to the impending ‘‘fis- The U.S. government must have the right ‘‘aye.’’ cal cliff’’. By New Year’s Day, the Obama tools at its disposal to conduct effective di- Had I been present for rollcall vote No. 636, Administration and Congress must identify plomacy, encourage development and pro- on the motion to suspend the rules and pass $1.2 trillion in savings between spending vide humanitarian assistance to effect posi- H.R. 6655, the Protect Our Kids Act, I would cuts, revenue increases and entitlement re- tive change in areas where it’s desperately have voted ‘‘aye.’’ form. Otherwise, most federal programs will needed. be cut by a staggering 8.2 percent. In the weeks ahead, we hope the Adminis- Had I been present for rollcall vote No. 637, On the chopping block is foreign assist- tration and Congress will reach an agree- on the motion to suspend the rules and pass ance, which provides lifesaving aid to mil- ment that moves America off this precarious S. 3564, the Public Interest Declassification lions of vulnerable people, including Syrian fiscal cliff while preserving America’s leader- Board Reauthorization Act, I would have voted refugees fleeing horrific violence and seeking ship in foreign assistance and its commit- ‘‘aye.’’ safety and help in neighboring countries. ment and ability to protect the world’s most Had I been present for rollcall vote No. 638, The consequences of having the budget axe vulnerable. on the motion to suspend the rules and pass fall on foreign aid at this time could be dire. f The Syrian conflict is in its 20th month H.R. 6016, the Government Employee Ac- and displacement into Turkey, Jordan, Leb- PERSONAL EXPLANATION countability Act, as amended, I would have anon and Iraq has more than tripled during voted ‘‘aye.’’ the last three. By year’s end, it’s estimated ´ f that 700,000 Syrian refugees will be spread HON. BEN RAY LUJAN out across the region, overwhelming the OF NEW MEXICO RECOGNIZING COLONEL MICHAEL communities hosting them and fueling a hu- IN THE HOUSE OF REPRESENTATIVES J. MEESE manitarian crisis. Thursday, December 20, 2012 Last week, I visited a hospital wing in ´ Amman, Jordan, filled with Syrian refugees. Mr. LUJAN. Mr. Speaker, due to a family HON. CHRISTOPHER P. GIBSON There, I met a father from Homs who had matter requiring my presence in New Mexico, OF NEW YORK been out buying bread when his neighbor- I was not able to be present for a number of IN THE HOUSE OF REPRESENTATIVES hood came under siege. Now he is paralyzed votes on the House floor this week. Thursday, December 20, 2012 from the chest down from shrapnel wounds. Had I been present for rollcall vote No. 627, His wife and eight-year-old son keep vigil at on motion to suspend the rules and pass H.R. Mr. GIBSON. Mr. Speaker, I rise today to his hospital bed, day and night. Their alter- 4606, to authorize the issuance of right-of-way recognize the accomplishments of Colonel Mi- natives are few. They either move to a ref- chael J. Meese, Professor and Head of the ugee camp, a grim prospect as winter ap- permits for natural gas pipelines in Glacier Na- tional Park, and for other purposes, as amend- Department of Social Sciences at West Point. proaches, or become part of a massive, un- Colonel Meese is retiring January 18, 2013 derserved and desperate urban refugee popu- ed, I would have voted ‘‘aye.’’ lation. Had I been present for rollcall vote No. 628, after over 31 years of long and distinguished Meanwhile, other large-scale humanitarian on motion to suspend the rules and pass S. service. emergencies have worsened or unfolded in 3193, the Barona Band of Mission Indians As Head of the Social Sciences Department the past year. Land Transfer Clarification Act of 2012, I at West Point, Colonel Meese teaches eco- An estimated 18 million people are food in- would have voted ‘‘aye.’’ nomics and national security courses and secure in Africa’s Sahel region because of Had I been present for rollcall vote No. 629, leads the 70 military and civilian faculty mem- chronic poverty and crushing drought, and on motion to suspend the rules and pass H.R. bers who teach political science, economics, four million children are malnourished. In and terrorism-related courses. He also leads Mali, conflict in the north, which has caused 6504, the Small Business Investment Com- the displacement of some 400,000 people, has pany Modernization Act of 2012, I would have the Combating Terrorism Center, the Office of exacerbated its food crisis. Violence in Blue voted ‘‘aye.’’ Economics and Manpower Analysis, and the Nile and Southern Kordofan states of Sudan Had I been present for rollcall vote No. 630, Conflict and Human Security Studies Program has forced 175,000 refugees to flee to South on motion to suspend the rules and agree to whose personnel both teach cadets and con- Sudan and an additional 65,000 to Ethiopia. the Senate Amendment on H.R. 3783, an act duct nationally significant research in ter- Violence continues to spiral in eastern to provide for a comprehensive strategy to rorism, Army personnel policy, and cultural provinces of the Democratic Republic of studies. He serves as the Co-Chair of the Congo, where fighting repeatedly uproots counter Iran’s growing hostile presence and communities, disrupts food production and activity in the Western Hemisphere, and for Strategic Planning Working Group, developing shuts down health services. And whenever other purposes, I would have voted ‘‘aye.’’ the 2013–2019 Strategic Plan, which is critical conflict escalates there, so does violence tar- Had I been present for rollcall vote No. 631, to the long term future of the Academy. Pre- geting women. Meanwhile, in Afghanistan, a on motion to suspend the rules and pass H.R. viously he chaired the Academic Excellence humanitarian crisis has worsened, with un- 6621, to correct and improve certain provi- Subcommittee of the NCAA Accreditation, rest and natural disasters uprooting more sions of the Leahy-Smith America Invents Act which was instrumental to continued intercolle- than half a million people. and title 35, United States Code, as amended, giate athletic participation. He chaired the Su- All told, more than 44 million people are perintendent’s Planning Team that examined currently displaced by conflict around the I would have voted ‘‘aye.’’ world—the highest number in 15 years. Had I been present for rollcall vote No. 632, the military program and developed the most My organization, the International Rescue on motion to suspend the rules and pass S. significant recent changes to the military pro- Committee, is on the ground in these and 3642, the Theft of Trade Secrets Clarification gram at West Point: The consolidation of mili- other conflict and disaster zones, responding Act, I would have voted ‘‘aye.’’ tary science courses, the creation of the

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1985 MX400 Officership course, and the creation of standards, are enthusiastic about their edu- for General Petraeus to supervise a com- Cadet Leader Development Training (CLDT). cation, and eagerly anticipate their service in prehensive civil-military counterinsurgency Colonel Meese graduated from the United the Army. This includes continually ensuring campaign. In December 2009–January 2010, States Military Academy on 27 May 1981 and that the Social Sciences curriculum reflects he deployed to Afghanistan leading a flag offi- was commissioned as a Second Lieutenant in the changing economic, political, and cultural cer/ambassadorial interagency team to im- the Field Artillery. After being an honor grad- environment that graduates will face and in- prove U.S. detention policy and establish uate of the Field Artillery Officer Basic Course corporates the latest teaching in terrorism, na- Combined Joint Task Force 435. In January- at Fort Sill, he reported to his first duty assign- tional security, and post-conflict studies to bet- March 2009, he deployed to assist General ment with the 1st Battalion, 79th Field Artillery ter prepare cadets. As a result, every USMA Odierno and Ambassador Crocker as they de- (later designated 6th Battalion, 8th Field Artil- graduate has a core understanding of Social- veloped the ‘‘Responsible Withdrawal of lery) at Fort Ord, California. He served as a Sciences and over 200 cadets every year Forces from Iraq’’ plan for the Obama Admin- company Fire Support Team Chief, Battery studied political science or economics in istration. He had previously deployed to Iraq Executive Officer (during which time his Bat- depth. This study has significantly prepared from June–September 2007, assisting General tery received the Gilmore Award as the best graduates to anticipate and respond effectively Petraeus’ assessment and testimony; from firing—battery in the 7th Infantry Division), to the uncertainties of a changing techno- January–March 2007, to develop ‘‘the surge’’ Battalion S–1/Adjutant, and Battalion Fire Di- logical, social, political, and economic world campaign plan; from June–August 2003 in rection Officer. During this period he assisted that they face as commissioned leaders of Mosul, Iraq to help establish governance and with the conversion of the artillery to the Infan- character in the United States Army. He has stability immediately after the beginning of Op- try Division (Light) configuration and partici- exemplified teaching by teaching a minimum eration Iraqi Freedom; and from January to pated in training deployments to Japan, Pan- of two sections every semester at West Point. July 2002 to Bosnia as the Executive Officer ama, Minnesota, Idaho, and other locations in Colonel Meese has inspirationally led the to the Assistant Chief of Staff for Operations California. In 1985, he attended the Field Artil- professional development of Social Sciences for the NATO Stabilization Force. In sum, he lery Officer Advanced Course, where he was faculty, supported the research needs of the has deployed to combat zones for over 31 the distinguished graduate, and then was as- Army, and advanced the fields of economics, months since 2001 in support of ongoing mili- signed to 2nd Battalion, 6th Field Artillery political science, and national security policy. tary operations. (later designated 4th Battalion, 82nd Field Ar- As a result of his leadership, Social Sciences In addition to combat deployments, Colonel tillery) in Hanau, Germany from 1985–1988. faculty have been routinely included in the on- Meese has assisted the Army’s strategic deci- He served as the Battalion Assistant Oper- going analysis of economics and national se- sion making in many other areas. He served ations Officer, interim Battalion S–3, and firing curity policy issues, both as individuals and as the Executive Director of the Secretary of Battery Commander of a 155mm M109A1 SP through the Combating Terrorism Center the Army’s Transition Team in 2005; was the howitzer battery with a contingency mission in (CTC), the Office of Economic and Manpower co-director of the Department of Defense support of the 3rd Armored Division’s General Analysis (OEMA), and the Center for Human Panel on Commercialization and Globalization Defense Plan in Germany’s Fulda Gap. In this Security Studies (CHSS). He robustly sup- (the Dawkins Panel) in 1999; served as a position, he was designated as the MacArthur ported scholarship by senior military and civil- member of the Defense Science Board Impro- Leadership Award Nominee for V Corps and ian faculty who have routinely presented or vised Explosive Device Task Force (2007– was selected for early promotion to major. published papers at least once annually and 2009); and was a member of the 2001 Army Colonel Meese attended the Woodrow Wil- nearly every military faculty presented or pub- Science Board Team developing the redesign son School of Public and International Affairs lished at least once during their USMA tour. of the Army Headquarters staff. He partici- at Princeton University from 1988–90, earning He personally exemplifies scholarship, result- pated in the assessment, training, and edu- an M.P.A., an M.A. and completing all require- ing in over two dozen invited presentations, in- cation of the South African National Defense ments for his Ph.D., except the dissertation, cluding testimony to a U.S. congressional Force (SANDF) in 1998 to fundamentally which he would later complete coincident with committee; twenty book chapters, conference transform the SANDF after their post-apartheid other duties. He was assigned to the United papers, major conference reports, or journal transition of government. He has participated States Military Academy as an instructor and articles; and two full length books: American as a presenter, organizer, or author in nine dif- assistant professor in the Department of So- National Security and the Armed Forces Guide ferent NATO or Partnership for Peace con- cial Sciences from 1990–1993, where he to Personal Financial Planning. ferences that have supported effective partner- taught the advanced economic principles At West Point, Colonel Meese has been a ships with NATO and non-NATO partners. critical leader of strategic thought among his course, microeconomics, macroeconomics, Colonel Meese’s distinguished career re- faculty, throughout the Academy, and within and economics of national security. He was an flects the vision, demonstrated leadership, and the Army. This includes his leadership of con- honor graduate of the Command and General extraordinary service of a proven leader. His ferences on topics including: ‘‘Toward an Army Staff College at Fort Leavenworth, Kansas, service, unwavering dedication to duty, and Officer Corps Strategy,’’ ‘‘Bridging the Cultural and in 1994–1996 he was assigned to the 1st the life-long impact he has had on the careers Divide: NGO-Military Relations in Complex En- Cavalry Division at Fort Hood, Texas. He be- of faculty members and graduates of West vironments,’’ ‘‘The Professional Military Ethic came the Operations Officer of 3rd Battalion, Point have contributed immeasurably to the in an Era of Persistent Conflict,’’ ‘‘Public Diplo- 82nd Field Artillery, coordinating the battalion’s status of the United States Military Academy macy: Messages, Process, Outcomes,’’ and operations on a no-notice deployment to fight and to the achievements of Army officers. In ‘‘The Army Profession.’’ As a result of these wildfires in Montana and on an NTC rotation. fact, I was one of those officers who had the efforts and his ongoing encouragement of dy- He later served as the Deputy G3 of the 1st privilege to serve with and learn from COL namic faculty members conducting leading- Cavalry Division, including commanding the Mike Meese, and I am at once humbled and edge research, the Social Sciences Depart- Division Assault Command Post during its de- honored at this moment to congratulate him ment has become one of the leading reposi- ployment to Korea as part of Exercise Foal on a career of exceptional service to the Army tories of innovative thought within the Army. In Eagle in 1996. and the Nation. I wish him, Ramona, and their The Academic Board selected Colonel 2006, the Department was recognized for its family all the best as they transition to civilian Meese as an Academy Professor in the De- contributions with the presentation of the Army life and continue to serve in other ways. partment of Social Sciences, and he returned Superior Unit Award. During 2003–2004, Colo- to become the Director of Economics in 1996. nel Meese was the USMA Fellow at the Na- In 2001, he was selected to become a Pro- tional War College, where he graduated from f fessor, U.S. Military Academy, was confirmed the National War College while exemplifying PERSONAL EXPLANATION by the Senate in 2002, and became Deputy teaching excellence on their faculty. Head of the Department of Social Sciences. Beyond West Point, Colonel Meese has Since June 2005, he has served as the Pro- been called on numerous times to address HON. ANNA G. ESHOO fessor and Head of the Department of Social some of the most challenging strategic polit- OF CALIFORNIA Sciences, U.S. Military Academy. ical-military problems facing the Nation and IN THE HOUSE OF REPRESENTATIVES During over 19 years serving at West Point, the Army. He deployed for a full year from Thursday, December 20, 2012 Colonel Meese has personally supervised the 2010–2011 as the Assistant Chief of Staff for execution of one of the leading political the International Security Assistance Force in Ms. ESHOO. Mr. Speaker, I was not science and economics programs in the Na- Afghanistan, where he was instrumental in in- present during the rollcall vote No. 623, on tion, ensuring that cadets achieve the highest tegrating the 1,500-person ISAF staff working December 12, 2012. I would have voted ‘‘no.’’

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1986 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 HONORING JAY PIERSON ON HIS High, Adult Education Institute and the first The renaming honors the patriotic service of RETIREMENT FROM THE HOUSE Community Mikvah established in Northwest Marine Lance Corporal Ryan George Winslow, OF REPRESENTATIVES New Jersey. Each of these allows the Chabad who lost his life in Iraq defending our free- Center of Northwest New Jersey to bring valu- doms, and also recognizes his parents, SPEECH OF able educational and cultural opportunities to George and Marynell Winslow, who instilled in HON. FRANK R. WOLF all members of their community. their son high character and a desire to serve The Chabad Center of Northwest New Jer- others. OF VIRGINIA sey also offers Men’s and Women’s clubs, giv- Ryan Winslow, who attended Hoover High IN THE HOUSE OF REPRESENTATIVES ing members of their community the oppor- School and Jefferson State Community Col- Tuesday, December 18, 2012 tunity to socialize and perform acts of philan- lege and belonged to Shades Crest Baptist Mr. WOLF. Mr. Speaker, I rise today to rec- thropy throughout Northwest New Jersey. Church, enlisted in the U.S. Marine Corps in ognize and honor Jay Pierson, the longtime Through their educational, philanthropic and January 2005. Deployed to Iraq with the 2nd floor assistant to Speakers Gingrich, Hastert community outreach programs, the Center has Tank Battalion, 2nd Marine Division, II Marine Expeditionary Force, Lance Corporal Winslow and BOEHNER, who will be retiring at the end established itself as a pillar of our local com- of the 112th Congress. munity. performed his duties with great dedication, dis- It’s fair to say that no one knows more Mr. Speaker, I ask you and my colleagues tinction, and drive despite his young age. about legislative procedure and the workings to join me in congratulating Chabad Center of Tragically, Ryan suffered fatal injuries during of the House than Jay. His retirement will Northwest New Jersey as they celebrate their combat operations in Al Anbar Province on April 15, 2006. He died at the age of 19. leave an irreplaceable void in the institutional 25th anniversary. Ryan’s memory is held in high honor, respect, memory of this chamber. f and love by his family, friends, and the many Jay started working in the House two years CECIL SCAIFE VISIONARY AWARD individuals that he touched during a too-short before my election in 1980 and I have relied AWARDED TO AMY GRANT life. on his assistance throughout my time here. In Turning personal loss into a passionate re- fact, whenever my staff had legislative ques- HON. MARSHA BLACKBURN solve to help others, the Winslows have be- tions, our answer usually started with the ex- come great advocates for all soldiers and vet- clamation: ‘‘Let’s call Jay!’’ And when you OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES erans in Alabama. Marynell Winslow played a called him, you could always rely on his expert lead role in founding Gold Star Families of advice. Thursday, December 20, 2012 Alabama to recognize service members who In addition to his wealth of legislative knowl- Mrs. BLACKBURN. Mr. Speaker, musical have given their lives in defense of our coun- edge, Jay is just an all-around terrific person genius is commonplace in Middle Tennessee. try and provide comfort to their families. Gold who is unfailingly helpful and ready with a We see it on the Billboard Top 40, and we ear Star Families has recently undertaken a smile. It is these qualities that earned him the it in our local gathering spots. We are a com- project to build a memorial at the American respect of members on both sides of the aisle. munity of notable note-makers, and yet there Village to Alabamians who have given their Mr. Speaker, it is an understatement to say are those who stand a bit taller among the lives in service to our country since 9/11. that the Republican cloakroom and floor won’t rest of our blessings. I rise today to honor The Veterans Center in Center Point is a be the same without him. I am grateful for Amy Grant as she receives the Cecil Scaife special place. Opened in December 2010 by Jay’s career of service to our country and wish Visionary Award and is recognized for her Three Hots and a Cot, a truly inspiring non- him all the best in his retirement. contribution to Tennessee’s legendary sound. profit organization, the center offers safe shel- f Amy Grant’s music is more than a simple ter to homeless military veterans and helps with their transition back to an independent HONORING THE 25TH ANNIVER- part of our lives. From her light-hearted hits to the notes and scores that wove their way from lifestyle. With a staff that includes formerly SARY OF THE CHABAD CENTER homeless veterans, the center goes beyond OF NORTHWEST NEW JERSEY our darkest moments, Grant’s pen continually casts light into our collective soul. Bluegrass, offering housing and meals and provides serv- gospel, Christian, and pop all claim a bit of ices such as life skills training, job searches, HON. RODNEY P. FRELINGHUYSEN Grant’s heritage as she continues to weave all transportation to VA hospitals for medical ap- OF NEW JERSEY four together into one signature blend. Her pointments, and companionship and stability. IN THE HOUSE OF REPRESENTATIVES music is a part of our Christmas, our Easter, It is a model example of the responsibility and duty that we have as a society to assist the Thursday, December 20, 2012 and our seasons in between. I ask my colleagues to join with me and cel- veterans who have sacrificed for us. Mr. FRELINGHUYSEN. Mr. Speaker, I rise The tremendous amount of good that has ebrate Amy Grant not simply for her legendary today to honor the Chabad Center of North- been done and that will be done in the Vet- sound and steadfast commitment to the music west New Jersey, Rockaway Township, Morris erans Center will now serve as a lasting trib- industry, but for her graciousness in paving County, New Jersey as they celebrate their ute and thank you to Ryan Winslow and his the way for other singers, songwriters, and 25th anniversary this year. family, and indeed to every serviceman and bare-footed musicians to come along with her. Founded in 1988 by a small group of volun- servicewoman who has given the ultimate sac- It is fitting, then, that she be awarded the Cecil teers, Chabad Center of Northwest New Jer- rifice to defend our great Nation. The name of Scaife Visionary Award, and I appreciate her sey has grown into a regional network of so- Ryan Winslow will be proudly born by this faithfulness to Nashville. I also appreciate the cial, religious and charitable programs. The sanctuary of hope and recovery. hard work and support of those who estab- Center is built around the acceptance of every It is altogether fitting and proper that the lished and continue the Cecil Scaife Business individual on his or her own level, regardless U.S. House of Representatives take time to Scholarship. Your devotion to those who pio- of background, affiliation, age or financial sta- recognize and memorialize this most important neer the way for future music legends helps to tus. By blending traditional values with modern occasion. strengthen our community and the sounds of day techniques, the Center has been able to f our home. touch many lives through Morris, Sussex and f HONORING JAY PIERSON ON HIS Warren Counties. RETIREMENT FROM THE HOUSE At the core of the Chabad Center of North- DEDICATION OF THE RYAN OF REPRESENTATIVES west New Jersey is their educational program, WINSLOW VETERANS CENTER offered through the Chabad Educational Cen- SPEECH OF ter. Their mission is based on the driving prin- HON. SPENCER BACHUS ciple that the Jewish education system should HON. JO BONNER OF ALABAMA OF ALABAMA focus on character development, spiritual con- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES sciousness and selfless devotion to the better- ment of humanity. Thursday, December 20, 2012 Tuesday, December 18, 2012 The Center opened in 2008 to provide inno- Mr. BACHUS. Mr. Speaker, it is my privilege Mr. BONNER. Mr. Speaker, I rise today to vative educational services and cultural enrich- to announce to this House that the Clay Vet- honor a long-time servant of the House of ment for all ages. Making up the Chabad Edu- erans Center in Center Point in the Sixth Dis- Representatives, Mr. Jay Pierson, who is retir- cational Center are the state-of-the-art Early trict of Alabama has been rededicated as the ing after 34 years of advising Speakers, Lead- Learning Center, Hebrew School, Hebrew Ryan Winslow Veterans Center. ers and Members of Congress.

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1987 When the American public tunes into C– tent, and character of the Indian-trust related HONORING DWIGHT E. RADCLIFF SPAN, the give and take of congressional de- claims of the Quapaw Tribe of Oklahoma and bate might make about as much sense as the its tribal members for compensation. As the HON. STEVE AUSTRIA floor of the New York Stock Exchange just be- language of the resolution suggests, these OF OHIO fore the closing bell. Fortunately, the House claims may be legal or equitable in nature, IN THE HOUSE OF REPRESENTATIVES has seasoned experts—truly dedicated public and exclude only the claims that are already Thursday, December 20, 2012 servants—who keep up with the details of within the jurisdiction of the Court of Federal floor deliberation and legislation so that Mem- Claims (including the statute of limitations) and Mr. AUSTRIA. Mr. Speaker, I rise today to bers of Congress are able to cast their votes are already pending in the Court of Federal recognize Sheriff Dwight E. Radcliff on the without confusion. Claims on the date of enactment. If a claim is celebration of his retirement and for his out- One of the people most responsible for en- dismissed as being outside the statute of limi- standing years of service to Pickaway County suring that House Republicans are informed tations or for jurisdictional reasons, in my and the State of Ohio. about important legislation is Speaker BOEH- view, it was not pending on the date of enact- It is an honor to congratulate Sheriff Radcliff NER’s Floor Assistant, Jay Pierson. Jay’s role ment. on this momentous occasion as the longest- can perhaps be compared to that of an air The intent behind the resolution is to have serving sheriff in the United States of America. traffic controller, closely monitoring the flow of the Court review and render a final and com- Serving as the Pickaway County Sheriff since floor debate and shepherding Members of plete resolution of all such claims—that resolu- 1965, Sheriff Radcliff has been committed to Congress to their appropriate positions. While tion to occur either in the pending cases under the citizens of Pickaway County by protecting an air traffic controller may use a radar scope the jurisdiction already granted the Court of life and property, preventing and solving crime for guidance, Jay relies on his dog-eared copy Federal Claims by the Indian Tucker Act or and responding to all requests for assistance. Following in his father’s footsteps, Dwight of Jefferson’s Manual of Rules and 34 years else under the terms of H. Res. 668. of experience. became the second Radcliff to become the A graduate of Westmont College in Santa f Sheriff of Pickaway County and the family Barbara, and a recipient of a Master’s Degree name has held the office for 78 of the last 82 IN RECOGNITION OF SERGEANT years. Over the past several decades, Radcliff from Long Beach University and a Doctorate SOUTRA from the University of Maryland, Jay arrived in has had both trying and memorable mo- the halls of Congress about the same time as ments—from living in the county jail with his the C-SPAN cameras. Dr. Pierson’s congres- HON. JAMES P. McGOVERN family to apprehending the rarest of criminals. sional career began in 1978 in the office of the OF MASSACHUSETTS Because of his great dedication and reputation General Clerk. He began working in the Re- IN THE HOUSE OF REPRESENTATIVES for law enforcement, Pickaway County is often referred to as ‘‘Putaway Pickaway’’ by local publican Cloakroom in 1979 for the office of Thursday, December 20, 2012 House Republican Leader John J. Rhodes, R– and statewide residents. On November 6, 2012 his son Robert was AZ. Mr. MCGOVERN. Mr. Speaker, I rise today Over three decades he held positions of to recognize the extraordinary achievements elected sheriff and will become the third gen- member of the House Republican Cloakroom, of Marine Sergeant William Soutra, Jr in Af- eration of Radcliff’s to hold this office. Dwight member of the Republican Floor Staff and ghanistan. Sergeant Soutra recently received is married to Betty his wife of 59 years and is Floor Assistant to the Speaker. He was Assist- the Navy Cross, the second highest honor the father of three and grandfather to eight ant Floor Manager for Speaker Gingrich, Floor given for valor in combat. grandchildren, and great-grandfather to two Assistant for Speaker Dennis Hastert, and Sergeant Soutra is a resident of Worcester great-grandchildren. Thus, I join the citizens of the 7th Congres- now Floor Assistant for Speaker JOHN BOEH- and a 2004 graduate of Worcester Vocational sional District in congratulating and honoring NER. High School, where he played lacrosse, foot- Sheriff Dwight E. Radcliff for his many years For the past decade, Jay has been an in- ball, and hockey. Sergeant Soutra attended of dedication and exemplary service to valuable resource to me during floor debate Becker College before joining the Marines in Pickaway County and the state of Ohio, and to and votes and I will always value his counsel 2005. extend best wishes to him and his family for and friendship. Over a two day attack beginning on July 10, much success in the future. Mr. Speaker, as Jay prepares to transition 2010, Sergeant Soutra’s element leader was to retirement, I join with my colleagues here in mortally wounded by an improvised explosive f the House in wishing him the very best. Jay’s device. With his unit disoriented, Soutra, THE MORTGAGE ORIGINATOR wisdom and expertise will be sorely missed. alongside his military dog Posha, immediately CLARIFICATION ACT took charge. Sergeant Soutra, without an in- f terpreter, physically re-positioned each Afghan REFERRING QUAPAW TRIBE OF commando to fire in an accurate manner be- HON. STEPHEN LEE FINCHER OKLAHOMA TRUST CLAIMS TO fore repeatedly running through enemy gunfire OF TENNESSEE COURT OF FEDERAL CLAIMS to lead his 10-man commando unit across IN THE HOUSE OF REPRESENTATIVES 1,100 meters of open terrain, all while ‘‘relent- Thursday, December 20, 2012 SPEECH OF lessly’’ firing his rifle. Additionally, Sergeant Mr. FINCHER. Mr. Speaker, I rise today to HON. DAN BOREN Soutra helped carry casualties out of the line introduce the Mortgage Originator Clarification OF OKLAHOMA of fire while orienting air support from jets and Act to clarify the definition of the term mort- IN THE HOUSE OF REPRESENTATIVES helicopters. gage originator in the Dodd-Frank Wall Street Simply, his actions went beyond the call of Reform and Consumer Protection Act. Wednesday, December 19, 2012 duty, saving the lives of Marines, Sailors, and I support responsible lending policies and Mr. BOREN. Madam Speaker, the purpose Afghan commandos. consumer protections throughout the home of this statement is to clarify the scope of the Too often, heroic actions of our military’s buying process to provide the best products resolution before us. It states that it encom- elite special operations forces, like Sergeant and transparency for consumers. However, passes Quapaw tribal and individual claims Soutra, go unrecognized. It is simply the na- the Dodd-Frank Act was hastily put together ‘‘other than the legal claims that are pending ture of their job to take on the most dangerous and crammed through Congress. Unintended in the Court of Federal Claims on the date of tasks, with no hope for glory or public ac- consequences of regulations prescribed in the enactment of this resolution.’’ knowledgement. Dodd-Frank Act, if implemented without spe- A question arises. If one or more of those Sgt. Soutra put his own life on the line with- cific consideration of manufactured housing, currently pending legal claims are dismissed out a second thought, not because he ex- could eliminate housing finance options for by the Court for lack of jurisdiction, would the pected credit, but because it was the right families seeking to purchase affordable manu- dismissed claim be considered ‘‘pending’’ for thing to do to protect his men. factured homes. purposes of this resolution? Mr. Speaker, our nation is lucky to have Multiple definitions and standards for mort- In my view, the answer is no. Our intention men like Sergeant Soutra serving us. I know gage origination, such as those in Section with the reference resolution is to request from that all of my colleagues, constituents, and fel- 1401 of Dodd-Frank and the Secure and Fair the Chief Judge of the U.S. Court of Federal low residents of Worcester will join me in of- Enforcement for Mortgage Licensing (SAFE) Claims a report containing findings of fact and fering our humble gratitude for his actions, and Act, are confusing to the manufactured hous- conclusions of law concerning the nature, ex- sincere congratulations on his recognition. ing industry, consumers interested in buying

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1988 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 manufactured homes, and regulators. In addi- As these two friends and most accom- like Mr. Martin, formerly represented the re- tion, the definition outlined in the Dodd-Frank plished members of Congress depart, I know gion in Congress. Act may create unintended regulatory and that my colleagues wish them well and God Mr. Martin, 68, was with his family and under hospice care when he died, said Steven compliance risks. The current definition of Speed. M. Cary of O’Leary Funeral Service in Can- mortgage originator is based on traditional f ton. The cause of death was not disclosed. mortgage market roles and does not consider Services are scheduled for next week in the unique lending model of the manufactured IN MEMORIAL OF CONGRESSMAN West Virginia, followed by calling hours Dec. housing market. DAVID O’BRIEN MARTIN OF NEW 3 at O’Leary, 5821 Route 11, Mr. Cary said. I’m introducing the Mortgage Originator YORK Mass will be said Dec. 4 at St. Mary’s-Catho- Clarification Act to provide clarity in the resi- lic Church, 66 Court St., Canton. Burial plans dential mortgage market with a clear and con- were not finalized as of Thursday evening, he HON. FRANK R. WOLF said. sistent standard recognizing the unique activi- OF VIRGINIA Mr. Martin served in Vietnam, and was a ties of the manufactured home sales process. IN THE HOUSE OF REPRESENTATIVES commissioned officer in the U.S. Marine This bill will further clarify the definition of Thursday, December 20, 2012 Corps. A graduate of the University of Notre mortgage originator so that manufactured Dame, he resumed his studies upon returning homes will remain an available housing option Mr. WOLF. Mr. Speaker, my colleague from to civilian life. He earned a law degree from for Americans across the nation. Kentucky, Mr. ROGERS, and I share the sad Albany Law School in 1973, the same year he was elected to the St. Lawrence County f news of the passing of our colleague, David O’Brien Martin, originally of Canton, New York, Board of Legislators. Following three years in county govern- RECOGNIZING THE HONORABLE who died with his wife Dana by his side on ROSCOE BARTLETT AND THE ment, Mr. Martin rose quickly, serving in November 20 at his home in Hedgesville, the state Assembly from 1977 until the end of HONORABLE DON MANZULLO West Virginia, at the age of 68. 1980, the year he was elected to the first of FOR THEIR YEARS OF PUBLIC Representative Martin is survived by his six terms in the U.S. House of Representa- SERVICE children, Victoria (Duskas), Kelly (Bridges) and tives. Julia (Bassett); two grandchildren, Jacqueline It was just four years later, at the Water- HON. JOHN L. MICA Victoria and William O’Brien; a stepson Mi- town American Legion post, that Mr. Martin chael McGee, a stepdaughter Kimberly Travis broke the news that the storied light infan- OF FLORIDA try division would be reactivated in North- IN THE HOUSE OF REPRESENTATIVES and, shared with his wife, eleven grand- ern New York. children and a great-granddaughter. He is also Thursday, December 20, 2012 ‘‘His incredible effort to revitalize Fort survived by several nieces and nephews. Drum and bring the 10th Mountain Division Mr. MICA. Mr. Speaker, I rise to pay tribute Congressman Martin, who was a commis- to our doorstep brought renewed sense of vi- to two of my Republican colleagues who were sioned officer in the Marine Corps and served tality and purpose to the region,’’ Mr. elected in 1992. It has been my honor to in Vietnam, will be interned at Arlington Na- McHugh said Wednesday. serve with both ROSCOE BARTLETT and DON tional Cemetery on January 4, 2013. More than $1.3 billion was spent on con- struction on the post from 1985 to 1993, dur- MANZULLO for the past two decades. I am We had the honor of being elected to Con- ing Mr. Martin’s tenure in Washington, ac- pleased today, to recognize their outstanding gress with Dave in 1980 as part of the cording to a 2006 Times article. service to our nation. ROSCOE BARTLETT has Reagan wave. He served on the Permanent ‘‘He probably did more for the north coun- represented Maryland’s 6th District and DON Select Committee on Intelligence and on the try than anyone has,’’ said former Repub- MANZULLO Illinois’s 16th District. Armed Services Committee, where he was the lican state Sen. H. Douglas Barclay, Pulaski. These two classmates have distinguished senior Republican on the Military Installations ‘‘It’s a sad day for the north country. He was records of service. ROSCO earned his PHD in Subcommittee and vice chair of the Morale, a great guy, a great friend and a wonderful physiology from The University of Maryland Welfare and Recreational Panel. public servant, both in the Assembly and in and spent 20 years as a scientist and engi- Congress.’’ Dave O’B. Martin will be remembered for his While in Congress, Mr. Martin was a mem- neer for the military and NASA. He has 20 indelible footprint on the North Country, where ber of the Committee on Armed Services for patents, 19 of which are held by the U.S. Gov- his efforts led to the revitalization of Fort Drum 10 years, serving as senior Republican mem- ernment for his inventions of life support and the reactivation of the Army’s storied light ber of the Military Installations Sub- equipment used by military pilots, astronauts, infantry division, the 10th Mountain Division. It committee and vice chairman of the Morale, search and rescue personnel, and firefighters. has been reported that his efforts led to an in- Welfare and Recreational Panel, overseeing He has served on the Armed Services Com- flux of over $1.3 billion to the local economy military commissaries, exchanges and re- lated activities. He also served on the House mittee since his first year in Congress and he to construct the post. became chairman of the panel’s Air and Land Permanent Select Committee on Intel- We also submit for the record an article by ligence. Forces Subcommittee for this 112th Congress. The Watertown Daily Times further noting his While Mr. Martin’s commitment to the na- DON has served as Chairman of the Small service to the North Country and the nation. tion and the region loom large, so do the Business Committee and long championed the Dave O’B. Martin served with us for six contributions he and his family made to St. cause of America’s chief economic generator, terms before electing to retire. Lawrence County. His father, Edson A. Mar- our nation’s small businesses. He also chaired Dave enjoyed history, particularly related to tin, donated the land for SUNY Canton in the Foreign Affairs Subcommittee on Asia and the Civil War. He will be remembered for his the early 1960s. The younger Mr. Martin’s the Pacific for this 112th Congress. Before longtime advocacy was honored by the col- friendly demeanor and storytelling ability. lege in 2006 with an honorary doctorate of being elected, DON was an attorney and the We offer our heartfelt thoughts and prayers laws. owner of his own small law firm. to Dana and his family. ‘‘Congressman Martin was a wonderful sup- During our service together history should [From the Watertown Daily Times, porter of SUNY Canton and the north coun- record that upon assuming the majority in Nov. 23, 2012] try,’’ Interim SUNY Canton President Carli Congress in 1995, these two individuals MARTIN, FORMER NORTH COUNTRY C. Schiffner said Wednesday. ‘‘He assisted helped bring about remarkable achievements CONGRESSMAN, DIES AT 68 the college in many ways throughout his ca- reer, and he dedicated much of his life to fur- for our country. They helped craft plans that (By Roger Dupuis) balanced our federal budget from 1997 to thering the development of Fort Drum, our David O’Brien Martin’s roots in the north schools and our communities.’’ 2002 and reformed welfare. They aided our country ran deep. His legacy may run deeper There was life after Congress for Mr. Mar- nation in the aftermath of September 11, still. tin. After deciding not to run in 1992, Mr. 2001. The former Republican congressman, who Martin became a professor at the Naval War Not only have we been fortunate to have represented the north country from 1981 to College in Newport, R.I., and later an execu- their leadership in Congress they have both, in 1993, died Tuesday night at his home in tive with soft-drink trade groups. He founded their family life, set examples for the American Hedgesville, W.Va. He was remembered by a government affairs, consulting and mar- friends and colleagues for his commitment People. By their side ROSCOE’s wife Ellen and keting firm in 2000. to serving the region, perhaps best exempli- It was in that role that then-SUNY Canton DON’s wife Freda have always aided their hus- fied by his efforts to bring the 10th Mountain president Joseph L. Kennedy observed Mr. band’s efforts and supported their Congres- Division to Fort Drum in the 1980s. Martin’s clout and camaraderie first hand sional Districts. ROSCO has ten children, 18 ‘‘For those of us in the north country, his during a visit to Washington. grandchildren, and two great grandchildren. work truly changed our lives,’’ said Sec- ‘‘He was just known by everybody. He DON’s children are Neil, Noel, and Katie. retary of the Army John M. McHugh—who, could walk us through security without

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1989 waiting in line,’’ said Mr. Kennedy, who projects, making them a household name in times—times that demand men and women stepped down this fall after 19 years in the America, Central America, the Bahamas, and of faith to steel themselves for the chal- post. ‘‘I admired his spunk.’’ Europe. Adding to their bright career, Buck led lenges ahead. Are we prepared to do so? SUNY Potsdam also had cause to mourn the group to television where they were cen- I take inspiration from the German Lu- the former congressman, and to celebrate his tral to the early beginnings of many faith- theran pastor Dietrich Bonhoeffer who, faced accomplishments. Mr. Martin’s papers are with the tyranny and horror of Nazism gave held in the college archives, ‘‘so that all can based stations. The Singing Rambos enter- his very life. And the British parliamen- remember and learn from his life’s work,’’ tained troops at Strategic Air Command tarian William Wilberforce, who labored for SUNY Potsdam President John F. Schwaller Bases, in Vietnam, and in several European decades, against seemingly insurmountable said. military posts. Having hung up his travel hat, odds, to abolish the slave trade in England— Times staff writer Brian Kelly contributed Buck now leads a life of service to his faith, ultimately inspiring abolitionist efforts in to this report. his family, and his community. America. These are just some of the giants on whose shoulders we stand. f The very rhythm of our culture, Gospel music lifts and carries us through our darkest Ecclesiastes 4:1 says, ‘‘I saw the tears of HONORING MICHAEL T. SUMIDA moments to our brightest days. The sounds of the oppressed, and they have no comforter; power was on the side of the oppressor.’’ Op- The Singing Rambos are deeper than the pression has marked the church since its HON. STEVE AUSTRIA notes on a page: they are hummed into our birth. Consider the chilling words of Roman OF OHIO souls. I ask my colleagues to join with me in historian Tacitus regarding the early IN THE HOUSE OF REPRESENTATIVES congratulating Buck Rambo on his induction to church: the Southern Gospel Music Association’s Hall ‘‘Besides being put to death they were Thursday, December 20, 2012 of Fame. made to serve as objects of amusement; they Mr. AUSTRIA. Mr. Speaker, I rise today to f were clad in the hides of beasts and torn to congratulate and honor Michael T. Sumida, re- death by dogs; others were crucified, others cent recipient of the Congressional Gold SPEECH ON DETERIORATING SITU- set on fire to serve to illuminate the night when daylight failed—. . . .’’ Medal. ATION IN THE MIDDLE EAST Are such trials reserved for the history It is an honor to join the people of Ohio’s PARTICULARLY FOR RELIGIOUS MINORITIES books? Hardly. Every day, around the world, Seventh Congressional District in recognizing men and women of faith are imprisoned, Mr. Michael Sumida, whose patriotic work as beaten, detained, tortured and even killed. a Japanese interpreter provided our military HON. FRANK R. WOLF And yet such stories receive scant attention with invaluable intelligence and helped bring OF VIRGINIA in the mainstream media—and perhaps more an end to World War II. As a Japanese Amer- IN THE HOUSE OF REPRESENTATIVES strikingly, are rarely spoken of from our pul- pits. The book of Hebrews enjoins us to ‘‘Re- ican living in Hawaii, Mr. Sumida courageously Thursday, December 20, 2012 volunteered his talents to assist the United member those in prison as if you were their fellow prisoners, and those who are mis- States military in defeating the Japanese. In Mr. WOLF. Mr. Speaker, I rise today to share a speech I recently gave on the deterio- treated as if you yourselves were suffering.’’ the face of racism, Mr. Sumida excelled in ac- Do we suffer with our brethren? Have we in quiring critical enemy intelligence by ques- rating situation in the Middle East particularly the West ceased to be salt and light? Has our tioning Japanese prisoners. During his interro- for religious minorities. Increasing violence, comfort led to complacency? Consider that gations, Mr. Sumida uncovered the location of targeted attacks and heightened discrimination on our watch a historic exodus of Christians enemy troops as well as their plans for attack. against Christians and other religious minori- from the Middle East is underway—an exo- The work accomplished by American inter- ties in Iraq and Egypt, combined with long- dus fueled by persecution. preters was such a valuable asset to military standing abuses in Afghanistan and Pakistan, A phrase not often heard outside the ma- intelligence during World War II that President are among the many reasons why I introduced jority Muslim world is ‘‘First the Saturday Truman credited them with ending the war two H.R. 440, bipartisan legislation that would re- people, then the Sunday people.’’ The ‘‘Sat- urday people’’ are of course the Jews. Their years prior to the expected end date. quire the State Department to appoint a spe- cial envoy to advocate for religious minorities. once vibrant communities in countries Mr. Sumida currently resides in my home- throughout the region are now decimated. In town of Beavercreek, OH with his wife, Patri- More than a year has passed since the 1948 there were roughly 150,000 Jews in Iraq— cia Sumida. It is with great pride along with House of Representatives overwhelmingly today less than 10 remain. In Egypt, there Ohio’s Seventh Congressional district that I passed this legislation yet, today, both this bill were once as many as 80,000 Jews and now honor Michael T. Sumida for his service to our and its Senate companion, S. 1245 are both less than 100 remain. nation. languishing in the Senate. This is deeply dis- It appears a similar fate could befall the appointing. Even more disappointing is the ancient Christian community in these same f fact that the State Department has urged Sen- lands. Iraq’s Christian population has fallen BUCK RAMBO INDUCTED INTO THE ator JIM WEBB to oppose this bipartisan legis- from as many as 1.4 million in 2003 to be- lation and put a hold on it in the Senate. tween 500,000 and 700,000. Churches have been SOUTHERN GOSPEL MUSIC ASSO- targeted, believers kidnapped for ransom, CIATION’S HALL OF FAME Time is running out—both in terms of the families threatened with violence if they legislative calendar for this year and in terms stay. This reality is all the more sobering HON. MARSHA BLACKBURN of the survival of these communities. Will a considering Iraq’s significance in Chris- special envoy guarantee these communities’ tendom. With the exception of Israel, the OF TENNESSEE protection in the lands they have inhabited for Bible contains more references to the cities, IN THE HOUSE OF REPRESENTATIVES centuries? No one can predict for sure. But I regions and nations of ancient Iraq than any Thursday, December 20, 2012 am certain that to do nothing is not an op- other country. The patriarch Abraham came tion—lest on the State Department’s and Con- from a city in Iraq called Ur. Isaac’s bride, Mrs. BLACKBURN. Mr. Speaker, music is in Rebekah, came from northwest Iraq. Jacob gress’ watch we witness a Middle East empty the very fiber of our being, and we are proud spent 20 years in Iraq and his sons (the 12 of faith communities, foremost among them to continually showcase the sounds that call tribes of Israel) were born in northwest Iraq. the beleaguered Christian community. Tennessee ‘‘home.’’ I rise today to honor one A remarkable spiritual revival as told in the Here is the text of my recent speech: of Tennessee’s great sounds as he is inducted book of Jonah occurred in Nineveh. The events of the book of Esther took place in into the Southern Gospel Music Association’s Just one year ago my good friend, the late Chuck Colson was given [the Edwin Meese Iraq as did the account of Daniel in the Hall of Fame. Award for Religious Liberty] award for his Lion’s Den. Furthermore, many of Iraq’s Buck Rambo started a Gospel singing group tireless efforts to promote religious liberty Christians still speak Aramaics the language in 1960 and quickly set the world ablaze with and human dignity. His prophetic voice is of Jesus. great harmonies. It would become The Singing sorely missed during these trying times for In Egypt with the ascent of the Muslim Rambos and the group would release over 70 our country. For these are indeed trying Brotherhood, Coptic Christians,

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1990 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 numbering roughly 8–10 million, are leaving exceptionalism is no mere philosophical de- Vermont hospital. As a boy, Mr. Groner’s fa- in droves. And the Middle East is far from bate; it is the difference between life and ther instilled in him the belief that health care being the exception. Persecution is on the death. They cling to the promise even as our is a profession closely connected with faith, rise. The International Day of Prayer for the own leaders have abandoned it. And so, seek- and in addition to his passion for flying, his Persecuted Church was earlier this month. ing to preserve that covenant that Reagan Given the picture I just painted, one would envisioned, it falls to men and women of care for others and faith in God never faded. think the church in the West would be galva- faith to carry the torch—to pray, to advo- When Baptist Hospital in Pensacola, Florida nized. But how many churches marked this cate, to act. was in need of leadership, Pat Groner an- occasion with even a passing mention? If the f swered the call, and, along with his wife and faith community isn’t engaged are we sur- their daughter Jodee, moved to Florida. As prised when our government leaders turn a HONORING JAY PIERSON ON HIS CEO of Baptist Healthcare, Mr. Groner imple- blind eye to matters of religious freedom? RETIREMENT FROM THE HOUSE mented numerous programs that are now Consider the following: Bipartisan legisla- OF REPRESENTATIVES tion to create a Special Envoy position at standard operating procedure in hospitals the State Department charged with advo- across the country. Baptist Hospital had the SPEECH OF cating on behalf of religious minorities in first post-operative recovery room in Florida the Middle East and South Central Asia HON. JOHN L. MICA and was one of the first hospitals in the nation overwhelmingly passed the House a year and OF FLORIDA to have an intensive coronary care unit, an a half ago. But it has remained stalled in the outpatient surgical care unit, and Life Flight. IN THE HOUSE OF REPRESENTATIVES Senate as a result of State Department oppo- During his time at Baptist, Mr. Groner also en- sition and the refusal of Senate Foreign Re- Tuesday, December 18, 2012 visioned a place where seniors could enjoy lations Committee Chairman John Kerry, ru- mored to be in the running for Secretary of Mr. MICA. Mr. Speaker, today I rise to pay the advantages of a resort lifestyle coupled State or Defense, to even hold a hearing on tribute to Jay Pierson and his 34 years of with quality amenities, services, and health the legislation. dedicated service to the House of Representa- care and the perfect location. Despite working Day in, day out I have the privilege of tives. I have had the privilege of serving in this full-time as CEO, Mr. Groner was dedicated to meeting individuals who boldly follow Jesus institution since 1992 and for all of those years bringing this vision to fruition, and under his despite unbelievably hostile circumstances. I have served with Jay. During that time I have leadership, the Pensacola retirement commu- Shabbaz Bhatti, Pakistan’s Federal Minister come to know him for his graciousness, pa- nity, Azalea Trace, opened in 1980. Today, it for Minority Affairs, and the only Christian remains a first-class and well-respected adult Member of the cabinet and an outspoken tience and helpful nature. His historical exper- retirement community. critic of his country’s blasphemy laws, was tise and institutional knowledge will sorely be one such man. On March 2, 2011 he was mur- missed. In addition to his leadership in the American dered, his car riddled with bullets, leaving I would like to thank Jay for his friendship Hospital Association, the Southeastern Hos- his mother’s house for work. In a video and wish him the best in his retirement. We pital Conference, and the American College of filmed shortly before his assassination, have all been better served because of his Healthcare Executives, Mr. Groner was co- Bhatti appears to sense that the path he has commitment to the House of Representatives founder and president of the Hospital Re- chosen will come with a price. and the American people. search and Development Institute, co-founder When asked about the threats against his life, he said, without malice or fear, ‘‘I be- The American people will never know the of the Voluntary Hospitals of America, Vice- lieve in Jesus Christ who has given his own work of individuals like Jay Pierson, who has President and Treasurer of Multi-Hospital In- life for us. I know what is the meaning of toiled long hours making certain the Congress surance Group, and long-time board member [the] cross. And I am following the cross. and U.S. House function every day for our for Blue Cross-Blue Shield of Florida. Outside And I am ready to die for a cause.’’ And so federal legislative branch. of his contributions the health care profession, he did. I especially want to thank Jay who has Mr. Groner had an unwavering commitment to The book of Proverbs tells us to ‘‘Speak up stayed many nights with me, often until mid- serve his community through the March of for those who cannot speak for themselves. night and long after the House had completed Dimes, YMCA, Community Mental Health . . .’’ Bhatti can no longer speak. The Chi- Center, Pensacola Rotary Club, Action 76 nese bishop under house arrest cannot speak. its regular business, while I presented my spe- The North Korean enslaved in the gulag can- cial orders speeches. Taskforce on Higher Education, Fiesta of Five not speak. The Iraqi nun fearing for her life The United States House of Representa- Flags, and various United Fund organizations. cannot speak. tives will hold a better place in history because Mr. Groner also had a special interest in edu- Will we be their voice? Martin Luther King of Jay’s dedication and long tenure. cation and the State university system, where famously said, ‘‘In the end, we will remem- he served as a member of the Florida Board f ber not the words of our enemies, but the si- of Regents. lence of our friends.’’ Are we not their HONORING THE LIFE AND SERVICE Mr. Groner’s contributions to healthcare and friends? OF MR. PAT NEFF GRONER America’s Founding Fathers grounded our the Northwest Florida community are exempli- own experiment in self-governance in the no- fied by the copious honors and awards be- tion that liberty comes from God and that HON. JEFF MILLER stowed on him. Among his many honors, Mr. all human life is sacred. As part of this equa- OF FLORIDA Groner was inducted into the Health Care Hall tion, religious freedom was the ‘‘first free- of Fame by the American College of Health IN THE HOUSE OF REPRESENTATIVES dom.’’ The ideas set forth in Philadelphia on Care Executives. He was also awarded the that hot summer day were simultaneously Thursday, December 20, 2012 Kiwanis Man of the Year Award, Pensacola ancient and revolutionary—they are ground- Junior Chamber of Commerce Good Govern- ed in historic Judeo-Christian teachings. Mr. MILLER of Florida. Mr. Speaker, Mr. ment Award, Pensacola Chamber of Com- Nearly 25 years ago these very ideas were a Groner’s roots trace back to Marshall, Texas, source of inspiration to the democracy where he was the youngest of five siblings. He merce Pioneer Award, Freedom Foundation marchers in Tiananmen Square. Ronald attended the College of Marshall and grad- George Washington Medal, and Liberty Bell Reagan famously spoke of our founding doc- uated from Baylor University. He then joined Award. uments as a covenant we made with the the United States Marine Corps, and while There is no question that in his 33 year ca- world—a promise that transcended time and stationed in Vermont, he met his wife Louise, reer as CEO and his many years serving our place. I fear that covenant is in jeopardy. or as Mr. Groner proclaimed ‘‘the prettiest girl community, Mr. Groner has made an ever- America’s influence is waning. Our once ‘‘shining city’’ appears dim. And we have in Vermont’’. Shortly after their marriage, Mr. lasting impact on Northwest Florida and on the lost our voice on behalf of the oppressed. And Groner served with honor and distinction as a health care profession. To some, Mr. Groner yet, dissidents still seek refuge in our embas- pilot in the South Pacific Theatre during World will be remembered as courageous pilot who sies, the persecuted seek safe haven on our War II. Upon his return, Mr. Groner joined the answered the call of duty during one of our shores. To them the promise of American Vermont Air National Guard and interned at a nation’s most trying times or as pilot of the

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1991 Piper Twin Commanche, Poppa Golf that he Robin was a talented and unique young married her husband, Tom, and together they flew with his son and frequent co-pilot, Chip; lady who served her nation well. She was a raised their daughter, Lorinda. to others, he will be remembered for his con- success in life, because she made a gift of her Thanks to Mrs. Johnson’s acumen and work tributions to the health care industry; and to life. ethic, she rose through the ranks and quickly his family, he will be remembered as a man f became an integral part of the Santa Rosa devoted to his faith and a loving husband, fa- County Clerk of Court office. Mrs. Johnson ther, grandfather, and great-grandfather. IN HONOR OF DR. HECTOR HENRY served in various capacities for three separate Northwest Florida mourns the loss of a clerks of court, before being elected as Clerk great man, and Mr. Groner’s contributions and HON. LARRY KISSELL herself in 1994. service to the community and this great nation OF NORTH CAROLINA Technology had changed many thing at the will not be forgotten. Mr. Speaker, on behalf of IN THE HOUSE OF REPRESENTATIVES clerk’s office by the time Mrs. Johnson de- the United States Congress, I am privileged to cided to run; however, Mrs. Johnson’s vast Thursday, December 20, 2012 honor the exemplary life of Mr. Pat Neff knowledge of procedure and her ability to lead Groner. My wife Vicki and I offer our prayers Mr. KISSELL. Mr. Speaker, I rise today to and manage a large staff of 125 individuals to Louise, Jodee, Chip, and their entire family. honor a true, dedicated leader in my state and was unquestioned. The Clerk of Courts plays He will be truly missed by all. in my community, Dr. Hector Henry of Con- a vital role in county government, and it takes f cord, NC. Dr. Henry has served our nation as a truly committed and capable individual to a Colonel in the United States military, and lead the department and ensure that every- PERSONAL EXPLANATION has served as a member of the Concord City thing runs smoothly. For 18 years as Clerk of Council for more than 20 years. Circuit Court, and 52 total years in the clerk’s HON. RON BARBER Dr. Henry proudly served our nation for dec- office, Mrs. Johnson displayed the hard work, OF ARIZONA ades, and came out of retirement following the dedication and commitment to public service IN THE HOUSE OF REPRESENTATIVES attacks of September 11, 2001. He was de- necessary to ensure that the Clerk of Court Thursday, December 20, 2012 ployed for combat in both Afghanistan and continued to serve the people of Santa Rosa Iraq, most recently completing a 2009 deploy- County. All of Santa Rosa County thanks her Mr. BARBER. Mr. Speaker, due to my at- ment to Afghanistan. While deployed, Dr. tending a congressional vigil for the victims of for her tremendous service to her community. Henry made every effort to videoconference in During her retirement, Mrs. Johnson hopes to the shooting at Sandy Hook Elementary, I to City Council meetings, so he would not missed one recorded vote on Monday, De- spend as much time as possible with her two miss a minute of discussion in his hometown. lovely grandchildren and to spend more time cember 17. I would like the RECORD to indi- Dr. Henry has served in the United States mili- cate at this point how I would have voted had volunteering at her local church. tary in every conflict since the Vietnam War, a Mr. Speaker, on behalf of the United States I been present for this vote. truly remarkable feat. On rollcall No. 627, H.R. 4606, I would have Congress, I am privileged to recognize Mary Still a councilman, Dr. Henry continues his voted ‘‘yea’’ to authorize the Secretary of the M. Johnson for her outstanding public service service to the people of the W.G. (Bill) Hefner Interior to issue right-of-way permits for natural to Santa Rosa County. Mrs. Johnson is a truly V.A. Medical Clinic in Salisbury, North Caro- gas pipelines within the boundary of Glacier committed public servant and has played an lina, named in honor of our former colleague National Park in Montana. integral role in Northwest Florida’s community of this very chamber, Rep. Bill Hefner. Dr. for more than 50 years. My wife Vicki and I f Henry works as a surgeon, treating many of wish her all the best in her retirement. HONORING ROBIN J. COPELAND the veterans that call our district home, and f continuing his lifelong service of helping his fellow soldier, and his community. HONORING THE LIFE OF JACK HON. ED WHITFIELD BRESCH OF KENTUCKY I’m proud to call Hector a friend and a role IN THE HOUSE OF REPRESENTATIVES model. I sincerely thank Dr. Henry for his tire- less devotion to making the city of Concord, HON. FORTNEY PETE STARK– Thursday, December 20, 2012 and our nation, a better place. OF CALIFORNIA Mr. WHITFIELD. Mr. Speaker, I rise today Mr. Speaker, it is with great admiration and IN THE HOUSE OF REPRESENTATIVES to recognize Robin J. Copeland, who passed respect that I rise today to speak of the life- Thursday, December 20, 2012 away on October 30, 2011 at the young age time of public service that Dr. Hector Henry of 46. has led in our great state. I urge my col- Mr. STARK. Mr. Speaker, I am writing to Robin had roots in West Texas and had a leagues to join me in commending Dr. Henry honor the life of John ‘‘Jack’’ Edward Bresch, distinguished career in international diplomacy, for his service, sacrifice, and ongoing commit- a long time health advocate who worked with non-proliferation, and scientific engagement. ment to this great nation. us in Congress to improve our health care Her work with the United States Department of f system—especially focusing on access to care Energy, Department of State, the Civilian Re- for lower income children and families. Jack search Development Foundation, and liaisons RECOGNIZING THE SERVICE OF passed away on September 1, 2012 sur- with U.S. Embassies worldwide was carried MARY M. JOHNSON UPON HER rounded by family, under the care of hospice, out under difficult and demanding conditions. RETIREMENT FROM SERVICE AS after a brief and courageous battle with pan- Her responsibilities required skills in political SANTA ROSA COUNTY, FLORIDA creatic cancer. science, technical science, and engineering CLERK OF CIRCUIT COURT I first got to know Jack through his work as and she was fluent in seven languages. a lead lobbyist for the Catholic Health Asso- She was an expert in non-proliferation and HON. JEFF MILLER ciation. He served as a key component of contributed in significant ways to the reduction OF FLORIDA CHA’s government affairs team from 1983 to of nuclear weapons in Russia and Libya. In IN THE HOUSE OF REPRESENTATIVES 2000. A highlight of his time at CHA was to addition to her work on non-proliferation, she work closely with then First Lady Hillary also implemented a program that trained Rus- Thursday, December 20, 2012 Rodham Clinton and her White House team to sian doctors with U.S. doctors in Africa to treat Mr. MILLER of Florida. Mr. Speaker, I rise develop and promote a plan for reforming the and care for those with HIV/AIDS. today to recognize Mary M. Johnson on the nation’s health care system. He then went on Texas Tech University has established the occasion of her retirement from service as to work for the American Dental Education As- Robin J. Copeland Scholarship to be awarded Santa Rosa County, Florida Clerk of Circuit sociation until the time of his death. to undergraduates, graduate, or law students Court. In both of these positions, Jack was a tire- who enroll in the following academic programs Mrs. Johnson is a native Northwest Floridian less advocate for improving our health care of study: 1. Political Science or international who studied at Harold School and Milton High system so that everyone has access to afford- law in a supporting area of science or engi- School in Santa Rosa County, Florida. In able, quality health care. With the dental neering; 2. Science and engineering with aux- 1960, while still a student at Milton High, Mrs. schools, he was especially focused on improv- iliary emphasis in political science or inter- Johnson was hired to work in the Clerk of ing access to dental care for low-income chil- national law or; 3. Programs that demonstrate Court office. After graduating from high school dren. This is a serious problem in our country compelling evidence for application to science in 1961, Mrs. Johnson joined the clerk’s office that was spotlighted by the wrongful death of and international diplomacy. full time. While working there, Mrs. Johnson twelve-year old Demonte Driver of Maryland.

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1992 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 Demonte was on Medicaid and died after laugh and her greatest joy was her family, to Lake Pontchartrain, Basin Restoration Pro- complaining of a toothache when his mother whom she devoted her life. gram was $20 million, annually, for fiscal could not find a dentist who would accept In lieu of flowers, contributions can be made years 2001 through 2005. This $20 million an- Medicaid to treat him. While they tried to find in Toby’s memory to the Cutaneous nual authorization was extended through fiscal a dentist, his infection spread to his brain and Lymphoma Foundation (PO Box 374, Bir- year 2011 in Pub. L. 109–392. he tragically died. Jack didn’t want any more mingham, MI 48012 or www.clfoundation.org) Section 1 of S. 3687 extends the authoriza- Demonte Drivers and he worked relentlessly or Foundation Fighting Blindness (P.O. Box tion of appropriations for the Lake Pont- for improvements in Medicaid to prevent this 17279 Baltimore, MD 21297–0495 or chartrain Basin Restoration Program through from happening again. He first helped make www.blindness.org). The family wishes to FY 2017, however, at reduced levels. S au- some incremental improvements to the law, thank M.D. Anderson, The Ohio State James thorizes ‘‘. . . the amount appropriated for fis- but was most pleased when the Affordable Cancer Hospital and Gem City Home Care for cal year 2009 for each of the fiscal years 2013 Care Act became the law of the land—and their kindness and assistance. through 2017.’’ According to information pro- was upheld by the Supreme Court. We are all saddened by the loss of her vided by EPA, the fiscal year 2009 appropria- Looking forward, affordable, quality health presence in this life, but joyful that she is no tion for the Lake Pontchartrain Basin Restora- care will finally be a reality for all American longer in pain and suffering. My thoughts and tion Program was $978,000. Accordingly, sec- families. And, thanks in no small part to Jack’s prayers go to her family in this time of grief. tion 1 of S. 3687 reduces the authorization of efforts, pediatric dental care is an essential f appropriations for the Lake Pontchartrain health benefit that must be covered by quali- Basin Program from $20 million, annually, to fied health plans. PERSONAL EXPLANATION $978,000, annually, for each of FY 2013 Jack and I shared a fundamental commit- through FY 2017. ment to social justice, though I must admit that HON. JACKIE SPEIER In addition, section 1 of S. 3687 would es- the roots of our commitment developed dif- OF CALIFORNIA tablish a maximum 75 percent Federal share ferently. Jack began his adult life as a Catholic IN THE HOUSE OF REPRESENTATIVES grant assistance authorized under the Lake priest and went on to serve as a Navy Chap- Thursday, December 20, 2012 Pontchartrain Basin Restoration Program. lain during the Vietnam War. He left the priest- Under current law, there is no statutory cap on hood many years ago, but he never wavered Ms. SPEIER. Mr. Speaker, I mistakenly the percentage of Federal assistance that can from his steadfast belief in social justice. He voted ‘‘no’’ on the Motion to Recommit on be provided by grants under the Lake Pont- carried that forward in his career, his life, and H.R. 6684, the Spending Reduction Act of chartrain Basin Restoration Program. Acording his relationships. 2012. I support the Motion to Recommit, which to information provided by EPA, the EPA Re- Jack was a common figure to see barge into would require that, within 30 days of the en- gion 6 office typically required a 5 percent your office, join a meeting, or run into in the actment of the bill, the Secretary of Health and local match for grants provided under this Pro- hall. He always had a big smile on his face. Human Services publish on the Internet infor- gram—resulting in a Federal share of 95 per- If I had to use one word to describe Jack, it mation regarding raised beneficiary costs and cent for grants provided under this authority. would be gregarious. He seemed larger than provider cuts to Medicare, Medicaid, and the Under section 1 of S. 3687, the maximum life and was so full of positive energy. Children’s Health Insurance Program (CHIP) Federal share of future grants provided under Jack leaves behind a loving family that in- for each Congressional district in the United this authority would be reduced to 75 percent, cludes his wife, JoAnn; his children, Mary Eliz- States. The Motion would also prohibit the with the remaining share to be provided by abeth, James Richard, and Jeffrey John; and major integrated oil companies from claiming local interests, such as local parishes or mu- 10 grandchildren who all knew how much their certain tax benefits: the domestic production nicipalities. grandfather loved them. He also leaves behind activities deduction, ‘‘Last-in, First-out’’ ac- I am encouraged by the House Republican many colleagues and friends who are grateful counting, and the intangible drilling and devel- Leadership’s willingness to schedule this bill to his commitment to our nation’s health and opment cost deduction. and allow it to pass by Unanimous Consent. I who will miss him dearly. f am hopeful that the Leadership’s willingness Jack’s final honor will be buried with full mili- to move this legislation will enable the Com- AMENDING THE FEDERAL WATER tary honors at Arlington National Cemetery on mittee on Transportation and Infrastructure to POLLUTION CONTROL ACT January 24, 2013. move forward quickly in the 113th Congress f SPEECH OF on a Water Resources Development Act (WRDA) bill. Currently, there are 22 Army TRIBUTE TO TOBY L. FOOTER HON. TIMOTHY H. BISHOP Corps of Engineers Chief’s Reports awaiting OF NEW YORK authorization throu the WRDA process. These HON. CORRINE BROWN IN THE HOUSE OF REPRESENTATIVES and other critical flood control, navigation safe- OF FLORIDA Tuesday, December 18, 2012 ty, shoreline protection, and environmental IN THE HOUSE OF REPRESENTATIVES restoration projects must move forward to en- Mr. BISHOP of New York. Mr. Speaker, as Thursday, December 20, 2012 sure the safety of our communities, strengthen the Ranking Democratic Member of the Sub- our National, regional, and local economies, Ms. BROWN of Florida. Mr. Speaker, I rise committee on Water Resources and Environ- protect our natural resources, and create jobs. today in remembrance of Toby L. Footer ment of the Committee on Transportation and f (Meckler) who at the age of 70, passed away Infrastructure, I rise to address S. 3687, which on Friday, Dec. 14, 2012 after a lengthy ill- reauthorizes appropriations for the Lake Pont- CONFERENCE REPORT ON H.R. 4310, ness. She is survived by her husband Ron chartrain Basin Restoration Program for fiscal NATIONAL DEFENSE AUTHORIZA- Footer, son Lee Footer and daughter-in-law years 2012 through 2017, among other pur- TION ACT FOR FISCAL YEAR 2013 Brenda Footer, daughter Alyson Footer, Broth- poses. er Bill Meckler and sister-in-law Jeanne Van The Lake Pontchartrain Basin Restoration SPEECH OF Atta, sister-in-law Sandi Brecher, grand- Program was authorized by the Committee on HON. SAM GRAVES daughter Naomi Footer and many other family Transportation and Infrastructure in the Estu- OF MISSOURI and friends. Born in Cleveland, Ohio on May aries and Clean Waters Act of 2000 (Pub. L. IN THE HOUSE OF REPRESENTATIVES 2, 1942 to Lou and Naomi Meckler, Toby 106–456). This Act established a new program graduated from Ohio State University and office within the U.S. Environmental Protection Thursday, December 20, 2012 worked as a teacher, a dietician and later as Agency (EPA) to provide administrative and Mr. GRAVES of Missouri. Mr. Speaker, a copy editor and writer at the Dayton Jewish technical assistance to the local management today I proudly endorse the passage of the Chronicle. She wrote a semi-regular column, conference, convened under section 320 of National Defense Authorization Act (NDAA) ‘‘Footnotes,’’ that gave humorous accounts of the Clean Water Act, for the restoration and conference report. As Chairman of the Small family life and raising kids in the 1980s. For protection of Lake Pontchartrain, Louisiana, as Business Committee, over the past two years, 12 years, she traveled with Ron to help with well as provide Federal grant assistance for we have held over a dozen hearings on fed- his business as a sales representative, a pe- restoration projects, studies, and public edu- eral procurement issues which resulted in riod of time both consider the happiest of their cation projects, recommended by the con- eleven contracting reform bills being voted out lives. Toby was a fantastic cook and a tal- ference for the benefit of the Lake Pont- of Committee with bipartisan support. At the ented writer and craftswoman. She loved to chartrain Basin. The initial authorization of the same time that our Committee was developing

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1993 legislation, the HASC’s Panel on Business American veteran commits suicide every 80 Lawyers. From 1980 to 1984, he served on Challenges in the Defense Industry was hold- minutes. This is unacceptable. We must act the First Judicial Circuit Trial Court Nominating ing hearings and roundtables examining many now to ensure our veterans have the support Commission, and from 1988 to 1990, he of the same issues. I appreciate the leader- services and access to care that they deserve. served as Chairman of the First Judicial Cir- ship of Mr. SHUSTER and Mr. LARSEN in this ef- While many active duty service members re- cuit Grievance Committee. Judge Remington’s fort, and I was pleased to be part of one of turn from deployments to military bases and career as a judge began in 1993, when he be- these roundtables. The Panel and my Com- have access to quality mental health services, came a Walton County Circuit Judge in mittee share a common understanding of members of the National Guard and Reserve DEFUNIAK Springs, Florida. In 1996 Judge issues facing small business participation in often return from a tour of duty and transition Remington was elected Circuit Judge for contracting and the health of the industrial into civilian life far from military bases and Okaloosa County and has held that position base, which is the basis for the package of without easy access to the care they need. since then, even serving as Chairman of the about thirty-five provisions that were included Members of the National Guard and Reserve Okaloosa County Judicial Task Force in 1997. in the House-passed version of the NDAA. who have mental health, substance use dis- Without question, Judge Remington’s posi- As HASC’s Panel and my Committee found, orders, or TBI are more likely to have a dif- tive contributions to Northwest Florida and to the federal government marketplace is full of ficult time transitioning back into family life and our nation have been immense, and his mark great opportunities for small businesses to their careers. on the judicial landscape will remain for years succeed, if only we give them the chance. The And those who do seek care in their com- to come. federal government spends over half a trillion munity may not always receive the most ap- Mr. Speaker, on behalf of the United States dollars each year on private sector contracts; propriate and effective treatment options. This Congress, it gives me great pride to congratu- small businesses deserve a chance to com- amendment would allow the Department of late Judge Thomas T. Remington on his retire- pete for the work, because they bring effi- Defense to carry out a pilot program with pub- ment and thank him for his service. My wife ciency and cost-savings to the taxpayer and lic-private partnerships based on a competi- Vicki joins me in wishing Judge Remington; create jobs while doing it. tive, merit-based grant process. We have his wife, Dinah Smith; their children, Scott A. This year’s NDAA makes substantial re- learned that the government cannot meet the Remington, Mary Remington Williams, and forms to small business contracting which will needs of our veterans alone. That is why Sara (Betsy) E. Hart; as well as their nine benefit small contractors throughout the Nation these innovative partnerships are so critical. grandchildren, all the best. and is supported by nearly 30 trade associa- Again, I thank the conference committee for f tions. The small business provisions in the including this important amendment in the final CONFERENCE REPORT ON H.R. 4310, NDAA will help make sure existing small busi- bill. American veterans and their families have NATIONAL DEFENSE AUTHORIZA- ness goals are actually met, empower small already sacrificed so much for our country. I TION ACT FOR FISCAL YEAR 2013 business advocates, and crack down on fraud. encourage all Members to support this critical Most importantly, this legislation ensures that care for our veterans which they not only need SPEECH OF small businesses have greater opportunities to but deserve. We owe them nothing less. HON. CHRIS VAN HOLLEN compete. Government contracting offers a f OF MARYLAND unique opportunity to invest in small busi- IN THE HOUSE OF REPRESENTATIVES nesses while also stimulating our economy, RECOGNIZING THE HONORABLE considering small businesses create the ma- THOMAS T. REMINGTON UPON Thursday, December 20, 2012 jority of new jobs. The passage of the con- HIS RETIREMENT FROM SERVICE Mr. VAN HOLLEN. Mr. Speaker, it is with ference report is a victory for the 27 million AS OKALOOSA COUNTY, FLORIDA great regret that I rise to reluctantly oppose small businesses hard at work throughout CIRCUIT JUDGE the Fiscal Year 2013 National Defense Author- America. ization Conference Report. f HON. JEFF MILLER While the final version of the Defense Au- OF FLORIDA thorization bill makes many key improvements CONFERENCE REPORT ON H.R. 4310, IN THE HOUSE OF REPRESENTATIVES from the House-passed bill earlier this year, it NATIONAL DEFENSE AUTHORIZA- unfortunately continues to fail the test of bal- Friday, December 21, 2012 TION ACT FOR FISCAL YEAR 2013 ance and funds billions of dollars of unneces- Mr. MILLER of Florida. Mr. Speaker, I am sary programs within the Defense Department, SPEECH OF honored to congratulate Judge Thomas T. while disregarding the caps set forth by the HON. STEVE ISRAEL Remington upon his retirement after sixteen Budget Control Act. As Chairman of the Ap- OF NEW YORK years as Okaloosa County Circuit Judge. propriations Committee, Mr. ROGERS, said last IN THE HOUSE OF REPRESENTATIVES Judge Remington’s career in public service year when we passed the BCA, ‘‘Tough began in 1966 with his commissioning as a choices will have to be made, particularly Thursday, December 20, 2012 second lieutenant in the United States Army. when it comes to defense and national secu- Mr. ISRAEL. Mr. Speaker, I rise today to In 1967, he served in Vietnam as an infantry rity priorities, but shared sacrifice will bring support the bipartisan conference agreement platoon leader with A Company, 2nd Battalion, shared results.’’ Unfortunately, the bill that is for the National Defense Authorization Act for 503rd Infantry Regiment (Airborne), 173rd Air- before us violates that bipartisan agreement. fiscal year 2013. The conference report au- borne Brigade. His military badges and deco- In developing its plan for FY2013, the De- thorizes critical resources for our men and rations include the Combat Infantry Badge, the fense Department conducted a comprehensive women in uniform and the defense of the Silver Star, two Bronze Stars with Combat review of force needs, capabilities and obliga- American people. While I do not agree with Distinguishing Devices, and two Purple tions. Difficult choices were made about which every provision in this bill, I’d like to commend Hearts. programs to keep and which to cut in order to the conference committee for including in its After his honorable discharge from the maintain a fiscally responsible mission ready report the Israel King amendment which was Army, Judge Remington served as Assistant capability. However, the Conference Report passed in the House in May 2012. Public Defender for the First Judicial Circuit of authorizes funding levels above those re- This bipartisan amendment would improve Florida. In 1971, after being admitted to prac- quested by the president and above the BCA. the coordination of research, treatment, edu- tice in all State and Federal Courts, he served The measure authorizes $552 billion in base cation, and outreach of mental health, sub- as Assistant Public Defender for the First Judi- national defense spending for the current year stance use disorders, and traumatic brain in- cial Circuit of Florida. His success in that role and $88.5 billion for the war in Afghanistan— jury (TBI) among members of the National earned him the position of Assistant State At- $1.7 billion above the funding levels requested Guard, Reserve and their families. All Ameri- torney for the First Judicial Circuit of Florida. by the President in his February budget sub- cans have a moral obligation to provide the In 1973, he became a partner in the law firm mission and $6.3 billion above the cap the best care possible to our veterans when they Smith, Grimsley & Remington, P.A. in Fort BCA set last year. return home after so bravely serving their Walton Beach, Florida. In 1976, he was ap- There are many programs contained in this country. pointed Acting State Attorney to conduct a bill that were not requested by the Defense Mental health and substance use disorders special grand jury investigation. Department. For example, the measure au- and TBI affect nearly 20% of all the service From 1977 to 1992, Judge Remington be- thorizes the establishment of a missile de- members who have been deployed to Iraq and longed to the Association of Trial Lawyers of fense site on the East Coast that the DoD Afghanistan. Even more disturbing is that an America and the Academy of Florida Trial says threatens funding for the maintenance

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1994 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 and construction of other more urgent ele- agreement and understanding that in order to The Los Angeles Times reported last week ments of the country’s missile defense. The get our fiscal house in order we have to make (article enclosed) that the most recent Na- administration has not identified a requirement tough decisions on defense and non-defense tional Intelligence Estimate (NIE) paints a very bleak picture of the war in Afghanistan for a third U.S.-based missile defense site, spending alike. For those reasons, I cannot and the future of U.S. operations in that re- and has yet to assess its feasibility or cost. support this legislation. gion. It reflects concerns that I have ex- The bill also includes provisions that block f pressed in numerous letters to you over the administration’s ability to retire aging and time, especially the importance of under- unnecessary military aircraft, including eight- CORRESPONDENCE REGARDING standing Afghan tribal and political struc- een RQ–4 Global Hawk Block 30 drones. As AFGHANISTAN/PAKISTAN STUDY tures and the Pakistani military and intel- a result, the Defense Department would be GROUPS ligence services actively cooperating with forced to operate, sustain, and maintain air- two of the most deadly terror networks in the region. craft that are in excess of national require- HON. FRANK R. WOLF Given this stark assessment from our own ments and are not affordable in this budget OF VIRGINIA intelligence community, the need to create environment. At the same time, I was dis- IN THE HOUSE OF REPRESENTATIVES the Af/Pak Study Group is clear. The Af/Pak appointed that the Conference Report ended Study Group’s analysis and recommenda- Friday, December 21, 2012 funding for the Medium Extended Air Defense tions could bring needed clarity to current System, or MEADS, a $3.4 billion missile de- Mr. WOLF. Mr. Speaker, yesterday I sub- and future U.S. military and diplomatic op- fense system. The President asked Congress mitted for the RECORD extensive correspond- erations. You supported the Iraq Study ence I have had with the Obama Administra- Group and lent your considerable expertise to restore funding for the system, which is to that effort, so I am perplexed as to why being developed in a partnership with Ger- tion regarding the importance of creating the you do not similarly support the Af/Pak many and Italy and is viewed as a symbol of bipartisan Afghanistan/Pakistan Study Group Study Group. transatlantic cooperation. (APSG). Today I submit for the RECORD the Your November 3, 2011, letter to me stated I remain concerned about potential arbitrary remaining correspondence I have had from that coalition troops are making progress cuts to the civilian workforce at DoD. In par- October 3, 2011 to December 13, 2012. The against the Taliban and other militants and ticular, there is a provision in the bill that re- very fact that President Obama and Secretary that progress is being made on our relation- quires a percentage reduction in the civilian Panetta will not create the APSG is a dis- ship with the Pakistani government and military. I have enormous respect for the and service contractor employee workforces grace. men and women serving our country in CONGRESS OF THE UNITED STATES, that is proportional to the reduction in military South Asia and acknowledge that our troops HOUSE OF REPRESENTATIVES, end strength over a five-year period. While I are performing their mission with bravery Washington, DC, October 3, 2011. am encouraged that the Conference Report and resolve; however, the NIE appears to Hon. LEON PANETTA, made some changes that will give the Depart- contradict your assessment. Secretary of Defense, Also enclosed is an article by the Hudson ment of Defense more flexibility than existed Washington, DC. in the original bill, the final version could con- Institute’s Nina Shea discussing how DEAR SECRETARY PANETTA, I am dis- Hussain Haqqani, the former Pakistani Am- tinue to compromise the Department’s ability appointed that your staff was unable to meet bassador to the United States is facing pos- to appropriately size its workforce to meet the with Ambassador Peter Tomsen to discuss sible charges of treason for his alleged in- mission workload requirements and its readi- his book on Afghanistan and Pakistan. While volvement in ‘‘Memogate.’’ Shea asserts, ness and management needs. As the Defense I understand that both you and Mr. Tomsen ‘‘There is every reason to believe that the Department stated, ‘‘. . . even during these have busy schedules, I fear you and your real reason Haqqani is being targeted is that staff may be missing pertinent information periods of constrained defense budgets, we he is a prominent moderate Muslim, one of and insight that could help devise a success- the few remaining in Pakistan’s govern- must ensure that we have the sufficient num- ful strategy in South Asia. ber of federal civilian personnel to meet the ment.’’ Shea goes on to point out that You only need to read the headlines to see Haggani was personal friends with two men, support needs of our military forces. the erosion in our relationship with the Pak- Punjab governor Salman Taseer and Paki- I am also disappointed that an amendment istani military and intelligence services. Re- stan’s Federal Minister of Minority Affairs was stripped from the Conference Report cent comments from retiring chairman of Shabbaz Bhatti, whose lives were cut trag- which would have banned the indefinite mili- the Joint Chiefs Admiral Mullen have de- ically short last year as a result of their out- tary detention without charge or trial of Ameri- scribed how the Pakistani military and Inter spoken critique of Pakistan’s draconian blas- cans and lawful U.S. residents on domestic Service Intelligence agency actively cooper- phemy laws. ate with two of the most deadly terror net- Increasingly we see a trend in Pakistan of soil. Americans and permanent residents of works sowing the seeds of destruction and the U.S. who are detained in the United States moderating voices being marginalized and chaos in Afghanistan. Ambassador Tomsen’s altogether silenced. While I appreciate that should be granted the right to be tried in the book, The Wars of Afghanistan provides de- you are ‘‘working hard with Pakistan to im- civilian justice system. We can and must pro- tailed information on the tribal structures prove the level of cooperation’’ so that ter- tect our national security without jeopardizing and the realities of Pakistani involvement rorist and militant groups no longer find safe our fundamental rights and freedoms. with terrorist groups. I sincerely hope that haven in the country—I am afraid the com- I do, however, support several measures in- you and your staff will read his book. plexity of the evolving situation in Pakistan cluded in the final version of the NDAA. I was I have also enclosed a column Mr. Tomsen necessitates more. pleased that nearly $480 million was allocated wrote for the most recent edition of World The NIE’s assessment could lead to support Policy Journal. I hope you and your staff for U.S.-Israel missile defense cooperation, in- for the war in Afghanistan eroding among will find the piece informative. the American people and I feel the same sen- cluding $211 million for Iron Dome, reaffirming The situation in Afghanistan and Pakistan timent will soon permeate the halls of Con- the U.S.-Israel ties on missile defense. I also grows more dire nearly every day. I again gress. If the president has simply decided support the inclusion of an amendment offered ask that you use your authority to create that U.S. involvement will end in 2014 and by Senator SHAHEEN, which allows Depart- the Af/Pak Study Group. We owe nothing that no further U.S. strategy is needed, he ment of Defense funds to be used to allow fe- less to the men and women making the ulti- should clearly state that this is his policy male service members to choose to terminate mate sacrifice to ensure that we have a long- and be forthcoming with the American peo- a pregnancy in cases of rape. term strategy for success in the region. ple. If President Obama has not made a final Best wishes. determination on U.S. strategy going for- In addition, I was encouraged that the Con- Sincerely, ference Report proposed to enhance protec- ward, I ask again, what harm can come from FRANK R. WOLF, a group of independent experts using their tions for contractor-employee whistleblowers Member of Congress. experience to offer solutions for long-term who blow the whistle on waste, fraud, and success? abuse on DOD contracts and the contracts of CONGRESS OF THE UNITED STATES, Following 9/11, I have supported U.S. mili- civilian agencies. Furthermore, I support the HOUSE OF REPRESENTATIVES, tary actions in the War on Terror. I want to bill’s critical human rights provisions, including Washington, DC, January 17, 2012. see our soldiers, diplomats and Foreign Serv- new requirements to monitor overseas sub- Hon. LEON PANETTA, ice personnel return home with their heads contractors for human trafficking. Secretary of Defense, Washington DC. held high, knowing they all played a crucial DEAR SECRETARY PANETTA, As I am sure role in establishing stability in South Asia Despite the inclusion of these important you are aware, the Consolidated Appropria- where countries no longer pose a threat to measures, the fact remains that the FY2013 tions Act of 2012 contains language providing our national security. I firmly believe that Defense Authorization Bill departs significantly your office with $1 million to assemble the you can help ensure this happens by using from the spending levels set forth in the BCA Afghanistan/Pakistan (Af/Pak) Study Group. the money made available to you to create last year. It is in violation of a bipartisan I request that you do so immediately. the Af/Pak Study Group. Establishing this

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1995 panel quickly will show the American people forces murder U.S. troops. On August 14, the Our nation has been at war for 11 years that the Obama Administration is willing to enclosed Washington Post article detailed now—the longest in our history. As such, consider all possible options to achieve suc- the tragic news that three U.S. Marines were these grim realities hit close to home for cess in this volatile region. gunned down by an Afghan police officer many families, not to mention the less obvi- I urge you to take these steps immediately after sharing a meal with him. Just this ous but still devastating impact of prolonged before support for our mission in Afghani- morning, The Washington Post reported that separations, life-altering injuries, divorce, stan further erodes. two more troops were murdered in Farah post traumatic stress syndrome and even Best wishes. Province. News reports indicate that 37 U.S. suicide. Sincerely, troops have been murdered by Afghan secu- These challenges are set against the back- FRANK R. WOLF, rity forces in 2012 alone. With all due re- drop of precipitously declining public sup- Member of Congress. spect, how can you state that Afghan secu- port for the war effort, an increasingly bleak rity forces are making, ‘‘steady progress’’ picture on the ground in Afghanistan and CONGRESS OF THE UNITED STATES, when they continue to gun down our forces? pervasive national confusion about our over- HOUSE OF REPRESENTATIVES, Given these continuing incidents, I am per- all aims and if they are attainable. Washington, DC, February 10, 2012. plexed at how you can continue to hold the For these and countless other reasons, I Hon. LEON PANETTA, belief that spending $1 million to study our began pressing your administration in Au- Secretary of Defense, Washington DC. strategy in South Asia is ‘‘diverting re- gust 2010 to convene a bipartisan, inde- DEAR SECRETARY PANETTA: I am sure you sources.’’ The funding for the APSG was in- pendent Afghanistan-Pakistan Study Group are aware of the enclosed article by Army cluded in Public Law 112–74, yet the Obama (APSG), modeled after the Iraq Study Group Lt. Col. Daniel Davis that recently appeared Administration has not exercised the author- (ISO), to serve as ‘‘fresh eyes’’ on the target in the Armed Forces Journal regarding the ity made available in this law to establish and conduct a comprehensive analysis of status of our mission in Afghanistan and the the panel. As I have reminded the public nu- U.S. strategy in the region. This group would capabilities of Afghan National Army (ANA) merous times, you served on the Iraq Study have been charged with putting forward pol- forces. I am deeply troubled by the conclu- Group, which was successful. I do not know icy options for your consideration, and per- sions reached in Col. Davis’ assessment and if the APSG would achieve similar results, haps just as significantly, would have fos- believe that it further underscores the im- but I simply cannot understand your reasons tered a national conversation about the war portance of immediately creating the Af- for opposing its creation if success is pos- effort: Why are we there? What are we aim- ghanistan/Pakistan Study Group. sible. ing to accomplish? At what cost? What are One of the Marines killed in these recent Col. Davis’ piece tracks closely with the the consequences of failure? latest National Intelligence Estimate’s as- attacks, Gunnery Sergeant Ryan Jeschke, Before proposing this idea I spoke with a sessment of current and future conditions in lived in my congressional district before en- number of knowledgeable individuals, in- the region which I referenced in my January listing in the Marines. His death, along with cluding former senior diplomats, public pol- the other Marines and countless other serv- 17 letter to you (enclosed). These two assess- icy experts and retired and active military. ice members murdered by Afghan forces, ments, coupled with the February 4 United At that time, many believed our policy was highlights the failure of the Obama Adminis- Nations report showing that Afghan civilian adrift and all agreed that an outside group tration’s strategy to ensure the safety of our casualties are increasing and the 2011 Red was needed. Ryan Crocker was among those own troops, not to mention the safety of the Team study by NATO on fratricide by ANA dignitaries who embraced the idea, prior to Afghan population. I am saddened that an- forces on coalition troops, lend credibility to taking on his current post as U.S. ambas- other American Marine has given his life for the growing belief that U.S. strategy in sador to Afghanistan. a war that the administration is trying its South Asia is not going well. I believed then, and continue to believe, best to ignore. I cannot remember the last In the interest of the soldiers, sailors, air- that a group of the caliber of the ISO would time President Obama spoke publically men and Marines serving—and in many cases have served this nation well on a matter of about his strategy for protecting the Afghan dying—in Afghanistan, I implore you to im- utmost national security and interest. De- population from the Taliban and insurgents, mediately establish the Afghanistan/Paki- spite repeated correspondence and even leg- or responded to murders like that of Ser- stan Study Group. As I have referenced in islative action (the FY 2012 Defense Appro- geant Jeschke, or provided his definition of previous letters to you, Congress has pro- priations bill included language directing long-term success or our ability to achieve vided the funding for this panel and under the Secretary of Defense to convene an Af- it. the law, you can select its members. Leon, our nation is at war and this admin- Pak Study Group and provided the necessary While reasonable people can disagree on istration has not made it a priority. Our funding to ensure the group’s viability) your specific policy options, I find it difficult to fighting forces deserve to know that their administration has repeatedly failed to act. I understand why the Obama Administration sacrifices are understood and honored. Ser- have been particularly pwzled by your in- would not embrace a panel of five Democrats geant Jeschke was on his sixth tour of duty transigence given that prominent members and five Republicans (modeled on the Iraq overseas, a reality faced by many troops and of your administration served with distinc- Study Group on which you and former Sec- their families. Until this administration tion on the ISO, including Defense Secretary retary Gates served), who love their country places the appropriate emphasis on the war Leon Panetta. more than their party, putting their exper- in Afghanistan and educates Americans Further, in a 2006 interview, you signaled, tise to work and offering constructive rec- about our goals, Marines like Sergeant as a U.S. senator, support for the ISG and its ommendations to achieve our mission. Jeschke, his fellow Marines and other U.S. recommendations. When asked by CBS News We owe it to the men and women serving troops will continue to die silently, with reporter Harry Smith whether, if you were in uniform—and the families supporting only a mention in The Washington Post and president, you would take seriously the them—to have the best possible long-term a folded flag from the commanding officer group’s recommendations, you answered, strategy for success. for a grief-stricken family. rather emphatically, ‘‘I would take these Best wishes. Best wishes. recommendations very seriously.’’ And yet, Sincerely, Sincerely, now you are president, and such a group FRANK R. WOLF, FRANK R. WOLF, could have easily been formed, with bipar- Member of Congress. Member of Congress. tisan support, and could have offered rec- P.S. I know you care deeply about our P.S. Leon, just yesterday, seven more of ommendations outside of the scope of what service members serving overseas and that our troops were killed when their helicopter your own advisors were putting forward, you and your team are doing what you think crashed in Kandahar Province. It is sad that which may have profoundly altered our is best for our country. But I believe any ob- you will not use the funds available to you strategy and ultimately our course in Af- jective observer would agree we need fresh for the APSG. ghanistan. And still you failed to act. eyes on the target. In light of your recent announcement at CONGRESS OF THE UNITED STATES, the NATO summit in Chicago that ‘‘the Af- CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, ghan war as we understand it is over,’’ it is HOUSE OF REPRESENTATIVES, Washington, DC, June 7, 2012. abundantly clear that your administration is Washington, DC, August 17, 2012. Hon. BARACK H. OBAMA, immovable and has no intention of pursuing Hon. LEON PANETTA, The President, The White House, Washington the Af-Pak Study Group, as Congress di- Secretary of Defense, DC. rected. That said, I remain deeply troubled Washington, DC. DEAR MR. PRESIDENT: Two weekends ago, by what appears to be a pattern of DEAR SECRETARY PANETTA, I received the many Americans celebrated Memorial Day politicization of national security matters of enclosed letter from General Martin with a visit to the beach, the pool or possibly the highest magnitude. Dempsey on your behalf. I find it difficult to a neighborhood cookout. But for some this On May 29 the New York Times reported understand how General Dempsey can write annual holiday was far more than simply a that David Axelrod, your political advisor that, ‘‘. . . we have made steady progress in long weekend. Rather it was somber remem- and chief campaign strategist, repeatedly at- developing Afghan security forces and do not brance marked by a profound sense of loss tended high-level national security meetings support diverting resources to establish the for the son or daughter that never came related to terrorist drone strikes when he APSG [Afghanistan Pakistan Study Group]’’ home or the parent that never met their worked at the White House. The article when twice this week we have seen Afghan child. noted ‘‘David Axelrod . . . began showing up

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1996 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 at the ‘Terror Tuesday’ meetings, his With your policy faltering and the Afghan RECOGNIZING THE HONORABLE unspeaking presence a visible reminder of president blaming us for all the ills in his JACK R. HEFLIN UPON HIS RE- what everyone understood: a successful at- country, it perplexes me that you refuse to TIREMENT FROM SERVICE AS tack would overwhelm the president’s other use appropriated dollars to establish the aspirations and achievements.’’ CIRCUIT JUDGE IN OKALOOSA This revelation is in keeping with the re- APSG. More than 2,000 service members have COUNTY, FLORIDA porting of Bob Woodward in Obama’s Wars. been killed since fighting commenced in 2001. Woodward indicated that discussions of the Many service members have served four or HON. JEFF MILLER war strategy were infused with political cal- more tours in multiple theaters, yet you OF FLORIDA culations. Woodward also wrote of an admin- refuse to use money authorized by Congress IN THE HOUSE OF REPRESENTATIVES istration that ‘‘wrestled with the most basic to convene a panel that could offer solutions questions about the war . . . What is the that could decrease the number of U.S. cas- Friday, December 21, 2012 mission? What are we trying to do? What ualties. In fact, both your current and Mr. MILLER of Florida. Mr. Speaker, I am will work?’’ These are questions that demand answers former Defense secretaries served as mem- honored to congratulate Judge Jack R. Heflin and could have been taken up by an Af-Pak bers of the Iraq Study Group, so they both upon his retirement after 24 years as Circuit Study Group. But I venture that such a know the success it achieved and that simi- Judge in Okaloosa County, Florida. group would not have factored politics into lar results could be produced by the APSG. In his first years after his graduation from In- their calculus. Was that a consideration in In addition to the strategic failure of your diana University, Judge Heflin worked as a your decision to disregard congressional in- policy, the most recent report from the Spe- purchasing agent for Bell Telephone Labs and tent as it relates to the Af-Pak Study Group? Western Electric Company. His career in pub- Our men and women in uniform have cial Inspector General for Afghanistan Re- fought bravely and served with distinction in construction (SIGAR) documented numerous lic service began in 1967 with his commis- Afghanistan and will continue to do so until incidents of U.S. aid money being wasted sioning as a second lieutenant in the United they are called home. Any shortcomings in through graft, corruption and mismanage- States Air Force. He served in uniform until re- our strategy or overall vision for success are ment. In just one example, the SIGAR report ceiving an honorable discharge at the rank of not their burden to bear. As too often hap- notes that an Army sergeant pleaded guilty captain in 1971. Subsequent to his service in pens, they have found themselves at the to approving fake documents that allowed the Air Force, he attended law school at the mercy of the latest political winds blowing $1.5 million worth of fuel to be stolen. While University of Florida, earning his Juris Doctor through Washington. And I have been deeply disappointed that, as president, you appear I am sure your administration takes the in 1973. to have allowed these political winds to drive SIGAR reports seriously and is trying to ad- Judge Heflin entered private practice upon the war strategy. dress the problems raised, at the same time being admitted to the Florida Bar in 1973 and It is not at all certain what will unfold you are actively ignoring policy resources specialized in the areas of commercial law, when U.S. troops exit or significantly de- that could provide valuable insight and pos- family law, bankruptcy law, and general prac- crease in number—there are varied sobering sible solutions to these and other problems. tice. He has maintained a focus on domestic scenarios, including the Taliban once again violence since 1973. In 1988, Judge Heflin seizing the reins of power; a destabilized and I find all the arguments your administra- nuclear armed Pakistan; Afghanistan as a tion officials have used to oppose the cre- was appointed to serve as Circuit Judge for haven for international terrorists. Only his- ation of the APSG to be woefully insuffi- Pensacola and has served in his current role tory will tell. But I believe one thing is cient. In his November 5 letter to me, Gen- as Okaloosa County Circuit Judge since 1991. clear: your administration missed a golden eral Martin Dempsey claims that using the Without question, Judge Heflin’s positive opportunity when, for two years, it failed to $1 million authorized for the APSG would be contributions to northwest Florida and our na- convene an Afghanistan-Pakistan Study an unwise diversion of resources. Yet in May, tion have been immense, and his mark on the Group to provide an independent, outside the media reported that more than $800,000 judicial landscape will remain for years to analysis of the most pressing national secu- come. Northwest Florida is a better, safer rity matter of your presidency. had been spent to fly your secretary of de- Best wishes, fense to his home in California many week- place because of his service. Sincerely, ends, a figure that now likely exceeds $1 mil- Mr. Speaker, on behalf of the United States FRANK R. WOLF, lion. I do not know if this was an arrange- Congress, it gives me great pride to congratu- Member of Congress. ment you made specifically with Secretary late Judge Jack R. Heflin on his retirement Panetta before he accepted the job, but the and thank him for his service. My wife Vicki CONGRESS OF THE UNITED STATES, money spent flying him to and from Cali- joins me in wishing Judge Heflin; his wife, HOUSE OF REPRESENTATIVES, fornia could have more than paid for the Linda; and their daughters, Heather, Hillary, Washington, DC, December 13, 2012. APSG. and Harmony, all the best. Hon. BARACK H. OBAMA, The President, The White House, Washington The wasted money cited by the SIGAR re- f DC. port, as well as the money spent flying Sec- PROVIDING FOR CONSIDERATION DEAR MR. PRESIDENT: This week, the New retary Panetta back to the comfort of his OF CONFERENCE REPORT ON York Times reported on the bleak state of home in California, would provide more than affairs in Afghanistan. Citing a Pentagon re- H.R. 4310, NATIONAL DEFENSE enough resources to establish the APSG. Do port, the article stated, ‘‘The assessment AUTHORIZATION ACT FOR FIS- found that the Taliban remain resilient, that you believe that flying Secretary Panetta CAL YEAR 2013 widespread corruption continues to weaken home every weekend—a luxury certainly not the central Afghan government and that provided to a service member on their fifth SPEECH OF Pakistan persists in providing critical sup- tour of duty—is a better use of taxpayer port to the insurgency. Insider attacks by money than getting the best minds in our HON. ROB BISHOP Afghan security forces on their NATO coali- country to provide ‘‘fresh eyes’’ on U.S. pol- OF UTAH tion partners, while still small, are up sig- icy in this troubled region? As public offi- IN THE HOUSE OF REPRESENTATIVES nificantly: there have been 37 so far in 2012, cials, we have a solemn duty to protect those Thursday, December 20, 2012 compared with 2 in 2007.’’ Given this disturb- we order into combat. For the sake of our ingly dreary assessment, I remain deeply dis- Mr. BISHOP of Utah. Mr. Speaker, In a per- appointed that you have refused to use the forces in theater and the safety of our na- fect world, I would have preferred that lan- tion, I once again implore you to use the money provided by Congress to appoint the guage offered by Senator FEINSTEIN and Sen- money available to create the APSG. Afghanistan/Pakistan Study Group (APSG) ator LEE on detainees and habeas corpus to review United States strategy. As I have stated many times, I do not have The report’s stark assessment of Afghan would have prevailed in this final conference the answers on how to assure a successful capabilities is all the more discouraging, agreement. given the recent comments of Afghan Presi- outcome in Afghanistan and Pakistan. How- However, when carefully comparing and dent Hamid Karzai. As you may know, in a ever, I firmly believe that the APSG could analyzing both the House and Senate lan- recent interview, President Karzai blamed provide insight into the problems plaguing guage on detainees clarifying the rights of ha- the insecurity in Afghanistan on the United the region and ways that we can better pro- beas corpus, I believe that both versions States and our NATO countries, saying, tect national security for decades to come. clearly are a step forward in preserving and ‘‘Part of the insecurity is coming to us from Best wishes. protecting citizen’s civil liberties against any the structures that NATO and America cre- Sincerely, ated in Afghanistan.’’ It is appalling that implied powers of the Executive branch. Both FRANK R. WOLF, President Karzai would make such state- provisions make clear that every U.S. citizen Member of Congress. ments, given the enormous sacrifice made or permanent resident alien have their full ha- over the last 11 years by coalition forces. beas corpus rights intact.

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE December 21, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1997 There are many members on the House INTENT TO VOTE YES ON H.R. 3197 tion of four separate voting machine upgrades side which have worked hard and tirelessly on during her tenure. this issue. In particular, I would like to thank HON. E. SCOTT RIGELL Ms. Bodenstein is truly an exemplary public the gentleman from Texas, Mr. GOHMERT, who OF VIRGINIA servant with numerous commendable acco- served with distinction as a federal judge prior IN THE HOUSE OF REPRESENTATIVES lades, including 1996 Santa Rosa County Em- to coming to this body and has a keen under- ployee of the Year. The Northwest Florida standing of the legal implications and interpre- Friday, December 21, 2012 community is grateful for the integral role she tations of statutory language. He, along with Mr. RIGELL. Mr. Speaker, on rollcall No. has played in our electoral process. Mr. RIGELL and Mr. LANDRY, have been instru- 646 for H.R. 3197, I mistakenly voted ‘‘no’’ Mr. Speaker, on behalf of the United States mental leaders in working with all sides of this when I intended to vote ‘‘yes.’’ Congress, I am privileged to recognize Anne issue and helping to come up with com- f Bodenstein for her exceptional public service promise language which moves us forward in to Santa Rosa County. My wife Vicki and I a positive way. PERSONAL EXPLANATION wish her all the best in her retirement. f This language is not perfect, but it moves us HON. TIM GRIFFIN in the direction we need to go. We should A VOTE FOR SPEAKER BOEHNER’S OF ARKANSAS continue to work on this next year. PLAN B IS A VOTE FOR TAX IN- IN THE HOUSE OF REPRESENTATIVES CREASES f Friday, December 21, 2012 RECOGNIZING ERNIE LEE MAGAHA Mr. GRIFFIN of Arkansas. Mr. Speaker, I HON. JIM McDERMOTT FOR HIS SERVICE AS THE CLERK was ill with the flu and missed seven votes: on OF WASHINGTON OF THE CIRCUIT COURT AND Tuesday, December 11, 2012, rollcall vote No. IN THE HOUSE OF REPRESENTATIVES 620; on Wednesday, December 12, 2012, roll- COMPTROLLER FOR ESCAMBIA Friday, December 21, 2012 COUNTY, FLORIDA call vote No. 621, rollcall vote No. 622, and rollcall vote No. 623; and, on Thursday, De- Mr. McDERMOTT. Mr. Speaker, last night cember 13, 2012, I missed rollcall vote No. we hoped to have proof that Republicans can HON. JEFF MILLER 624, rollcall vote No. 625, and rollcall vote No. raise taxes. Speaker BOEHNER’s Plan B not OF FLORIDA 626. only raised taxes on millionaires, but on work- If I had been present, I would have voted ing families too. Yet, Grover Norquist, tax lob- IN THE HOUSE OF REPRESENTATIVES ‘‘nay’’ on rollcall Vote No. 620 (Approval of the byist and self-appointed Emperor of Taxes, Friday, December 21, 2012 Journal). I also would have voted ‘‘aye’’ for proclaimed that Plan B does not violate his each of the following: rollcall vote No. 621 (H. ‘‘no tax increases pledge.’’ Sorry Grover, it Mr. MILLER of Florida. Mr. Speaker. I rise Res. 827 Previous Question), rollcall vote No. does, and conservative groups know it. today to recognize Ernie Lee Magaha for his 622 (H. Res. 827), rollcall vote No. 623 (H.R. Heritage Action, Club for Growth, Citizens service as the Clerk of the Circuit Court and 6190), rollcall vote No. 624 (H.R. 4310, On United, Tea Party Express and others all Comptroller for Escambia County, Florida. For Motion to Instruct Conferees), rollcall vote No. agree that this bill raises taxes, and oppose it more than fifty-five years, Mr. Magaha has 625 (H.R. 4310, On Motion to Ito Permit for exactly that reason. served the people of Escambia County with Closed Conference Meetings), and rollcall No. We were hopeful that Speaker BOEHNER de- constant professionalism and an unwavering 626 (H.R. 4053). cided to send a message to Grover Norquist commitment to service. f that his tax pledge days are over—every Re- Mr. Magaha is a native northwest Floridian publican that would have voted for the plan and a graduate of Century High School. After RECOGNIZING THE SERVICE OF would break the pledge by voting to raise graduating from Century, Mr. Magaha enlisted ANNE BODENSTEIN UPON HER taxes. Norquist’s pledge was ridiculous to in the Army and served our nation with honor RETIREMENT FROM THE SANTA begin with. Presidents Reagan and Bush both and distinction in the South Pacific during ROSA COUNTY, FLORIDA OFFICE said they wouldn’t raise taxes, but did be- World War II. In 1947, Mr. Magaha was honor- OF SUPERVISOR OF ELECTIONS cause it was the responsible thing to do. ably discharged from the Army, and he en- Unfortunately, last night the Republican cau- rolled at Auburn University, where he grad- HON. JEFF MILLER cus failed to stand up to their misguided ide- uated with a degree in Economics in 1950. OF FLORIDA ology on tax increases. At the last minute, After graduating from Auburn, Mr. Magaha IN THE HOUSE OF REPRESENTATIVES Speaker BOEHNER pulled the bill because it didn’t have the votes. Rather than take a dif- returned to northwest Florida, where he mar- Friday, December 21, 2012 ried his wife, Lucile, and together they raised ficult vote, the Speaker showed us, yet again, Mr. JEFF MILLER of Florida. Mr. Speaker. their two sons Ernie Lee, Jr. and James. In that the House Republicans cannot deal with I rise today to recognize the retirement of 1951, Mr. Magaha was hired as the Florida the problems of this country. Anne Bodenstein after an extensive career of State Auditor in Escambia County. He worked f service to the citizens of Santa Rosa County, in this position in the State Comptroller’s Of- Florida. HONORING THE 100TH ANNIVER- fice until 1956, when he decided to run for Ms. Bodenstein’s career with the Office of SARY OF INOVA LOUDOUN HOS- elected office. Mr. Magaha’s commitment to Supervisor of Elections began in 1992, when PITAL public service was evident to the voters of she volunteered and dedicated her time as a Escambia County, and in 1957 he took office poll worker and as Polling Place Coordinator. as the Clerk of the Court. HON. FRANK R. WOLF Her involvement with the electoral process OF VIRGINIA When Mr. Magaha was elected as the Clerk continued and she was selected to serve as IN THE HOUSE OF REPRESENTATIVES of Court, there were only three employees. Inspector, and later as Clerk in her local pre- Escambia County and the Clerk’s office have cinct. Friday, December 21, 2012 grown immensely in Mr. Magaha’s fifty-five Her commitment and strong work ethic were Mr. WOLF. Mr. Speaker, I rise today to rec- years in office. Today, the Clerk’s office recognized by many, including Governor Jeb ognize Inova Loudoun Hospital, which cele- serves a population of nearly 300,000 citizens. Bush, who appointed her as the Santa Rosa brates 100 years of serving Loudoun County Thanks to Mr. Magaha’s constant leadership, County Supervisor of Elections to fill the re- this year. the Clerk’s office has maintained an excellent mainder of her predecessor’s term. Her abili- Inova Loudoun Hospital first opened as service record and is an integral part of the ties were also recognized by the Santa Rosa ‘‘Leesburg Hospital’’ on June 5, 1912 in a northwest Florida community. County electorate, who eventually elected her rented house on Market Street by Mr. P. How- Mr. Speaker, on behalf of the United States to the Office of Supervisor of Elections, a role ell Lightfoot, Dr. William C. Orr, Dr. John A. Congress, I am privileged to recognize Ernie which she has held since January 2005. Gibson and Mr. Horace Littlejohn. In 1997, Lee Magaha for his years of outstanding lead- While serving as Supervisor of Elections, due to the growing population in Loudoun ership and service to Escambia County. My Ms. Bodenstein led a permanent staff of six County, ‘‘Loudoun Hospital’’ expanded and wife Vicki and I wish Mr. Magaha and his fam- and orchestrated upwards to 500 Election Day moved to the Lansdowne location where it ily all the best. employees. She also oversaw the implementa- currently exists today. The hospital again grew

VerDate Mar 15 2010 22:18 Feb 06, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E21DE2.REC E21DE2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE E1998 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2012 to meet Loudoun County’s emergency care MEDICARE IVIG ACCESS AND eral agencies. For instance, the NLSC pro- needs with the opening of the Cornwall Emer- STRENGTHENING MEDICARE AND vided translation and interpretation support gency Department in 2003. REPAYING TAXPAYERS ACT OF services to the U.S. Army Pacific for counter- 2012 insurgency training in Thailand. Far too few Today, Inova Loudoun Hospital is a 183– Americans can speak or understand foreign bed ‘‘advanced acute-care hospital’’ on two SPEECH OF languages, and as a result, we are hampered campuses, which offers a variety of specialties HON. CHRIS VAN HOLLEN in participating in global commerce and in de- and employs over 1,500 people. In 2011 the fending our national security. The permanent OF MARYLAND hospital provided care for 12,010 inpatients, establishment of the National Language Serv- IN THE HOUSE OF REPRESENTATIVES 66,953 emergency room visits, 2,637 births ice Corps is a meaningful step toward helping and a wide range of outpatient and ambulatory Wednesday, December 19, 2012 our government meet its foreign language services to our community. In the summer of Mr. VAN HOLLEN. Madam Speaker, I rise needs. Unfortunately, this bill fails to address some 2011, Inova Loudoun announced that it is in support of H.R. 1845, a combination of two common-sense Medicare reforms that would key issues of concern to my constituents. once again expanding to better serve the For example, the bill continues funding for Loudoun community with a redevelopment improve access to intravenous immune glob- ulin (IVIG) home infusion for beneficiaries with an exo-atmospheric kill vehicle—a provocative project to upgrade patient convenience, tech- primary immunodeficiency diseases while and destabilizing system that will waste mil- nology and building design. streamlining the process for repayments to the lions more on our failed national missile de- I have had the privilege of working with Medicare Trust Fund. fense effort. The bill perpetuates a bloated nu- Inova Loudoun and its excellent staff many While the Medicare Modernization Act of clear weapons complex that does not enhance our security and in fact compromises our non- times over the years. It is a wonderful organi- 2003 sought to ensure that patients needing proliferation efforts. Worse, the bill continues zation and I have long been impressed by the IVIG therapy could receive their infusions at home, the current policy does not cover the to fund our combat operations in Afghanistan, hospital’s commitment to serving our commu- instead of restricting the use of those funds to nity and making health care more accessible items and services necessary for providers to administer it in the home. As a result, access withdrawal-related operations only. There is for Loudoun residents. to home infusion is limited and seniors who simply no reason—military or political—for us to continue the war in Afghanistan. In the I congratulate Inova Loudoun Hospital on rely solely on Medicare have no choice but to broadest sense, this bill continues the acquisi- reaching this remarkable milestone. receive their treatments in the hospital, a more tion programs and policies that have been in risky environment for immune deficient pa- place for decades. This bill does nothing to f tients. The Medicare IVIG Access Act would fundamentally reshape and downsize our create a three-year demonstration project that armed forces. It continues Cold War weapons RECOGNIZING HELEN GUETTLER would study coverage of the items and serv- acquisition programs that have no place in a MCENTYRE UPON HER RETIRE- ices needed to administer IVIG home infusion. 21st century where the threats are vastly more MENT FROM SERVICE AS WASH- This legislation is fiscally responsible, paid diffuse and dispersed. For all these reasons, I INGTON COUNTY, FLORDIA TAX for through the inclusion of the Strengthening cannot support this bill. COLLECTOR Medicare and Repaying Taxpayers (SMART) Act. The SMART Act would sensibly reform f the Medicare Secondary Payer system, in- CONFERENCE REPORT ON H.R. 4310, HON. JEFF MILLER creasing the likelihood of and speed up reim- NATIONAL DEFENSE AUTHORIZA- bursements to the Medicare Trust Fund. This TION ACT FOR FISCAL YEAR 2013 OF FLORIDA is a win-win—beneficiaries and companies will IN THE HOUSE OF REPRESENTATIVES be able to resolve their claims faster and the SPEECH OF Trust Fund will be strengthened through a Friday, December 21, 2012 HON. WILLIAM R. KEATING more efficient repayment process. OF MASSACHUSETTS Mr. MILLER of Florida. Mr. Speaker, I rise I urge my colleagues to support this legisla- IN THE HOUSE OF REPRESENTATIVES tion. today to recognize Helen Guettler McEntyre Thursday, December 20, 2012 f upon her retirement after forty-two years of Mr. KEATING. Mr. Speaker, I would like to dedicated service to the citizens of Wash- VOTE EXPLANATION ON THE CON- thank Ranking Member SMITH and Chairman ington County, Florida as Tax Collector. Mrs. FERENCE REPORT ON H.R. 4310 MCKEON in reaching an agreement on the pro- McEntyre is a Florida native who was born in FISCAL YEAR 2013 NATIONAL DE- posed Air Force structure changes for FY13 in Fort Pierce. As one of sixteen children in a FENSE AUTHORIZATION ACT the conference report on H.R. 4310. Since the large, loving family, she was taught the value Air Force’s original proposal in February, I, of hard work and honesty in all she did. The HON. RUSH D. HOLT along with a number of my colleagues in the Massachusetts delegation, have been con- strong foundation of principles she gained as OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES cerned over the future of the 102nd Air Oper- a child contributed to the way she operated as ation Group within my district. The work of Tax Collector—with integrity and dignity. Friday, December 21, 2012 these Guardsmen at the historic Otis Air Na- Mrs. McEntyre began her lifetime career in Mr. HOLT. Mr. Speaker, on December 20, tional Guard Base on Cape Cod is critical in public service on October 1, 1970. Throughout 2012, I inadvertently cast a ‘‘yes’’ vote for this supporting active duty Air Force members in a her forty-two year career in the Tax Collector’s bill. I intended to vote ‘‘no.’’ joint 24/7/365 intelligence, surveillance, and Office, she worked tirelessly to ensure effi- There is no question that this legislation reconnaissance mission. The work that is contains some important provisions that will completed at Otis has the direct impact of sav- ciency and success for Washington County. benefit our troops and their families, including ing the lives of Americans overseas, and it is Her final accomplishment before retiring was a small (1.7%) pay raise, special pay and bo- all done locally, in a cost-effective manner. implementing driver’s license services from the nuses (such as special retention pay for avi- Not many Guard bases have the training or in- Collector’s office, which further reflects her ators, nurses, etc.), additional funding for fam- frastructure to support such concentrated day willingness to improve services for the citizens ily housing and support services, and other to day activities, but the men and women of of Washington County. Mrs. McEntyre is truly helpful measures. I was pleased that the final Otis greatly contribute to Massachusetts’ wide- an exemplary public servant, and Northwest bill included a provision I authored that creates ly understood reputation as the ‘‘brain state’’ Florida is grateful for the integral role she has a permanent National Language Service through their education and specialized train- played in our community. Corps within the Defense Department. ing. Their work is further supported by an ex- The NLSC currently exists as a pilot pro- tensive network of communications infrastruc- Mr. Speaker, on behalf of the United States gram that has recruited more than 1,800 ture and technology. Otis is also a part of the Congress, I am honored to recognize Helen members. To date, Corps members have larger Massachusetts Military Reservation, Guettler McEntyre for her exceptional public worked with the Department of the Navy, the which employs an efficient State and Federal service to Washington County. My wife Vicki National Security Agency, the Centers for Dis- base model to share responsibilities, labor, and I wish her all the best in her retirement. ease Control and Prevention, and other fed- and costs associated with the base among the

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 4310, National Defense Authorization Act. Senate Motor Vehicle Insurance Cost Reporting: Com- Chamber Action mittee on Commerce, Science, and Transportation Routine Proceedings, pages S8323–8380 was discharged from further consideration of H.R. Measures Introduced: Five bills and one resolution 5859, to repeal an obsolete provision in title 49, were introduced, as follows: S. 3705–3709, and S.J. United States Code, requiring motor vehicle insur- Res. 51. Page S8364 ance cost reporting, and the bill was then passed. Measures Reported: Page S8378 Report to accompany S. 911, to establish the Frank Buckles World War I Memorial Act: Sen- sense of Congress that Congress should enact, and ate passed H.R. 6364, to establish a commission to the President should sign, bipartisan legislation to ensure a suitable observance of the centennial of strengthen public safety and to enhance wireless World War I, to provide for the designation of me- communications. (S. Rept. No. 112–260) morials to the service of members of the United Report to accompany S. 1449, to authorize the States Armed Forces in World War I, after agreeing appropriation of funds for highway safety programs to the following amendment proposed thereto: and for other purposes. (S. Rept. No. 112–261) Page S8378 S. 1262, to improve Indian education, with an Reid (for McCaskill/Blunt) Amendment No. amendment in the nature of a substitute. (S. Rept. 3433, in the nature of a substitute. Page S8378 No. 112–262) S. 1684, to amend the Indian Tribal Energy De- Large Financial Institutions and the Federal velopment and Self-Determination Act of 2005, with Government Transactions: Senate passed S. 3709, to require a Government Accountability Office ex- amendments. (S. Rept. No. 112–263) Page S8363 amination of transactions between large financial in- Measures Passed: stitutions and the Federal Government, after agree- Birthplace of the National Guard: Committee ing to the following amendment proposed thereto: on Armed Services was discharged from further con- Pages S8378–79 sideration of H.R. 1339, to designate the City of Reid (for Vitter/Brown (OH)) Amendment No. Salem, Massachusetts, as the Birthplace of the Na- 3434, in the nature of a substitute. Pages S8378–79 tional Guard of the United States, and the bill was Hizballah: Committee on Foreign Relations was then passed. Page S8377 discharged from further consideration of S. Res. 613, Drywall Safety Act: Committee on Commerce, urging the governments of Europe and the European Science, and Transportation was discharged from fur- Union to designate Hizballah as a terrorist organiza- ther consideration of H.R. 4212, to prevent the in- tion and impose sanctions, and urging the President troduction into commerce of unsafe drywall, to en- to provide information about Hizballah to the Euro- sure the manufacturer of drywall is readily identifi- pean allies of the United States and to support to able, to ensure that problematic drywall removed the Government of Bulgaria in investigating the from homes is not reused, and the bill was then July 18, 2012, terrorist attack in Burgas, and the passed, after agreeing to the following amendment resolution was then agreed to. Pages S8379–80 proposed thereto: Pages S8377–78 Reid (for Vitter) Amendment No. 3432, in the Medicare IVIG Access Act: Senate passed H.R. nature of a substitute. Pages S8377–78 1845, to provide a demonstration project providing D1063

VerDate Mar 15 2010 05:24 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE2.REC D21DEPT1 jbell on DSK7SPTVN1PROD with D1064 CONGRESSIONAL RECORD — DAILY DIGEST December 21, 2012 Medicare coverage for in-home administration of in- Reid Amendment No. 3397 (to Amendment No. travenous immune globulin (IVIG) and to amend 3396), of a perfecting nature, fell when Reid title XVIII of the Social Security Act with respect Amendment No. 3396 (to Amendment No. 3395) to the application of Medicare secondary payer rules (listed above) was withdrawn. Page S8341 for certain claims. Page S8380 Reid Amendment No. 3399 (to Amendment No. Measures Considered: 3398), of a perfecting nature, fell when Reid Amendment No. 3398 (to the language proposed to Full-Year Continuing Appropriations Act— be stricken by Amendment No. 3395) (listed above) Agreement: Senate continued consideration of H.R. was withdrawn. Page S8341 1, making appropriations for the Department of De- A unanimous-consent-time agreement was reached fense and the other departments and agencies of the providing that no other budget points of order be in Government for the fiscal year ending September 30, 2011, taking action on the following amendments order to the substitute or the underlying bill; pro- vided further, that notwithstanding Rule XXII, the and motions proposed thereto: Pages S8340–46 following amendments be in order: Cardin Amend- Withdrawn: ment No. 3393; Grassley Amendment No. 3348; Reid Amendment No. 3396 (to Amendment No. Feinstein Modified Amendment No. 3421; Harkin 3395), to change the enactment date. Page S8341 Amendment No. 3426; Landrieu Amendment No. Reid Amendment No. 3398 (to the language pro- 3415; Leahy Amendment No. 3403; McCain Modi- posed to be stricken by Amendment No. 3395), to fied Amendment No. 3384; Bingaman Amendment change the enactment date. Page S8341 No. 3344; Coburn Amendment No. 3368; Coburn Pending: Amendment No. 3369; Coburn Modified Amend- Reid Amendment No. 3395, in the nature of a ment No. 3370; Coburn Amendment No. 3371; substitute. Page S8341 Coburn Amendment No. 3382; Coburn Amendment During consideration of this measure today, Senate No. 3383; Tester Amendment No. 3350; Paul also took the following action: Amendment No. 3376; Paul Amendment No. 3410; By 91 yeas to 1 nay (Vote No. 230), three-fifths McCain Amendment No. 3355; Merkley Modified of those Senators duly chosen and sworn, having Amendment No. 3367; Lee Modified Amendment voted in the affirmative, Senate agreed to the motion No. 3373; and Coats Amendment No. 3391; that no to close further debate on Reid Amendment No. amendments be in order to any of these amendments 3395 (listed above). Page S8340 prior to votes on or in relation to the amendments; Reid motion to commit the bill to the Committee that the amendments be subject to a 60 affirmative on Appropriations, with instructions, Reid Amend- vote threshold; that there will be 30 minutes of de- ment No. 3400, to change the enactment date, fell bate equally divided in the usual form on each when cloture was invoked on Reid Amendment No. amendment with the exception of the following: 20 3395 (listed above). Page S8341 minutes equally divided on each of the Coburn Reid Amendment No. 3401 (to (the instructions) amendments or divisions, and the Lee amendment; Amendment No. 3400), of a perfecting nature, fell 40 minutes equally divided on each of the Paul when Reid motion to commit the bill to the Com- amendments; and one hour equally divided on the mittee on Appropriations, with instructions, Reid Coats amendment; that upon the use or yielding Amendment No. 3400 (listed above) fell. Page S8341 back of time, Senate vote on or in relation to the Reid Amendment No. 3402 (to Amendment No. amendments in the order listed; that there be two 3401), of a perfecting nature, fell when Reid minutes of debate, equally divided, between the Amendment No. 3401 (to (the instructions) Amend- votes; that all after the first vote, be ten minute ment No. 3400) fell. Page S8341 votes; that upon disposition of the pending amend- By 57 yeas to 34 nays (Vote No. 231), three-fifths ments listed, Senate vote on or in relation to the of those Senators duly chosen and sworn not having pending substitute amendment, as amended, if voted in the affirmative, Senate rejected the motion amended; that upon disposition of the substitute, the to waive pursuant to section 904 of the Congres- cloture motion on the underlying bill be withdrawn, sional Budget Act of 1974 with respect to Reid and Senate vote on passage of the bill, as amended, Amendment No. 3395 (listed above). Subsequently, if amended. Page S8340 the point of order that the amendment was in viola- tion of section 314(e)(1) of the Congressional Budget Conference Reports: Act of 1974, was sustained, and the emergency des- National Defense Authorization Act: By 81 yeas ignation within the amendment was stricken. to 14 nays (Vote No. 229), Senate agreed to the con- Pages S8341–42 ference report to accompany H.R. 4310, to authorize

VerDate Mar 15 2010 05:24 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE2.REC D21DEPT1 jbell on DSK7SPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1065 appropriations for fiscal year 2013 for military ac- Matthew W. Brann, of Pennsylvania, to be United tivities of the Department of Defense, for military States District Judge for the Middle District of construction, and for defense activities of the Depart- Pennsylvania. ment of Energy, to prescribe military personnel Malachy Edward Mannion, of Pennsylvania, to be strengths for such fiscal year. Pages S8325–40 United States District Judge for the Middle District FISA Amendments Act Reauthorization Act— of Pennsylvania. Agreement: A unanimous-consent agreement was Jon S. Tigar, of California, to be United States reached providing that notwithstanding cloture hav- District Judge for the Northern District of Cali- ing been invoked and at a time to be determined by fornia. Pages S8374–75, S8380 the Majority Leader, after consultation with the Re- William S. Greenberg, of New Jersey, to be a publican Leader, Senate begin consideration of H.R. Judge of the United States Court of Appeals for Vet- 5949, to extend the FISA Amendments Act of 2008 erans Claims for the term of fifteen years. (Prior to for five years; that the only first-degree amendments this action, Committee on Veterans’ Affairs was dis- in order to the bill be the following: Leahy; Merkley; charged from further consideration.) Paul; and Wyden; that there be 30 minutes of de- Pages S8375, S8380 bate equally divided between the proponents and op- ponents on each amendment; that there be up to Nominations Received: Senate received the fol- seven hours of debate on the bill equally divided be- lowing nominations: tween the proponents and opponents; that upon the Ernest W. Dubester, of Virginia, to be a Member use or yielding back of time, Senate vote on or in of the Federal Labor Relations Authority for a term relation to the amendments in the order listed; that of five years expiring July 29, 2017. there be no amendments in order to any of the Carol Waller Pope, of the District of Columbia, amendments prior to the votes; that upon disposition to be a Member of the Federal Labor Relations Au- of the amendments, Senate vote on passage of the thority for a term of five years expiring July 1, bill, as amended, if amended, and that there be a 60 2014. Page S8380 affirmative vote threshold on each of the amend- Messages from the House: Page S8360 ments and passage of the bill. Page S8374 A unanimous-consent agreement was reached pro- Measures Referred: Pages S8360–61 vided that with respect to consideration of the bill, Executive Communications: Pages S8361–63 the text for each of the amendments in order under Page S8363 the previous agreement is at the desk. Page S8374 Petitions and Memorials: A unanimous-consent agreement was reached pro- Executive Reports of Committees: Pages S8363–64 viding that Senate begin consideration of the bill at Additional Cosponsors: Page S8364 approximately 10 a.m., on Thursday, December 27, 2012; and that Senator Wyden be recognized. Statements on Introduced Bills/Resolutions: Page S8380 Pages S8364–65 Authorizing Leadership to Make Appoint- Additional Statements: Pages S8358–60 ments—Agreement: A unanimous-consent agree- Amendments Submitted: Pages S8365–74 ment was reached providing that, notwithstanding the upcoming recess or adjournment of the Senate, Authorities for Committees to Meet: Page S8374 the President of the Senate, the President pro tem- Privileges of the Floor: Page S8374 pore, and the Majority and Minority Leaders be au- Record Votes: Three record votes were taken today. thorized to make appointments to commissions, (Total—231) Pages S8338, S8340, S8342 committees, boards, conferences, or interparliamen- tary conferences authorized by law, by concurrent ac- Adjournment: Senate convened at 1 p.m. and ad- tion of the two Houses, or by order of the Senate. journed at 7:19 p.m., until 12 p.m. on Monday, De- Page S8380 cember 24, 2012. (For Senate’s program, see the re- Signing Authority—Agreement: A unanimous- marks of the Majority Leader in today’s Record on consent agreement was reached providing that from page S8340.) Friday, December 21, 2012 through Thursday, De- cember 27, 2012, the Majority Leader be authorized to sign duly enrolled bills or joint resolutions. Page S8380 Nominations Confirmed: Senate confirmed the fol- lowing nominations:

VerDate Mar 15 2010 05:24 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE2.REC D21DEPT1 jbell on DSK7SPTVN1PROD with D1066 CONGRESSIONAL RECORD — DAILY DIGEST December 21, 2012 Committee Meetings BUSINESS MEETING Committee on Finance: Committee ordered favorably (Committees not listed did not meet) reported the nominations of Ronald Lee Buch, of Virginia, and Albert G. Lauber, of the District of BUSINESS MEETING Columbia, both to be a Judge of the United States Committee on Armed Services: Committee ordered favor- Tax Court. ably reported 1,944 nominations in the Army, Navy, Air Force, and Marine Corps. h House of Representatives Quorum Calls—Votes: There were no Yea-and-Nay Chamber Action votes, and there were no Recorded votes. There were Public Bills and Resolutions Introduced: 3 public no quorum calls. bills, H.R. 6703–6705; and 1 resolution, H. Con. Adjournment: The House met at 2 p.m. and at Res. 146 was introduced. Page H7429 2:05 p.m., the House stands adjourned until noon Additional Cosponsors: Page H7429 on Monday, December 24, 2012 unless it sooner has Reports Filed: Reports were filed today as follows: received a message from the Senate transmitting its Summary on the Activities of the Committee on concurrence in H. Con. Res. 146, in which case the Transportation and Infrastructure for the 112th Con- House shall stand adjourned pursuant to that con- gress (H. Rept. 112–718); current resolution. H.R. 5806, to amend the Homeland Security Act of 2002 to require the Administrator of the Federal Emergency Management Agency to provide guidance Committee Meetings and coordination for outreach to people with disabil- No hearings were held. ities during emergencies, and for other purposes, with an amendment (H. Rept. 112–719, Pt. 1); H.R. 3850, to amend the Small Business Act with Joint Meetings respect to goals for procurement contracts awarded No joint committee meetings were held. to small business concerns, and for other purposes, f with an amendment (H. Rept. 112–720, Pt. 1); [report text] NEW PUBLIC LAWS [report text] Pages H7428–29 (For last listing of Public Laws, see DAILY DIGEST, p. D1055) Adjournment Resolution: The House agreed to H. H.R. 2467, to take certain Federal lands in Mono Con. Res. 146, providing for a conditional adjourn- County, California, into trust for the benefit of the ment of the House of Representatives and a condi- Bridgeport Indian Colony. Signed on December 20, tional recess or adjournment of the Senate. 2012. (Public Law 112–212) Page H7427 H.R. 2838, to authorize appropriations for the Meeting Hour: Agreed that when the House ad- Coast Guard for fiscal years 2013 through 2014. journs today, it adjourn to meet at 12 noon on Mon- Signed on December 20, 2012. (Public Law day, December 24, 2012 unless it sooner has re- 112–213) ceived a message from the Senate transmitting its H.R. 3319, to allow the Pascua Yaqui Tribe to concurrence in H. Con. Res. 146, in which case the determine the requirements for membership in that House shall stand adjourned pursuant to that con- tribe. Signed on December 20, 2012. (Public Law 112–214) current resolution. Page H7428 H.R. 4014, to amend the Federal Deposit Insur- Senate Message: Message received from the Senate ance Act with respect to information provided to the by the Clerk and subsequently presented to the Bureau of Consumer Financial Protection. Signed on House today appears on page 7427. December 20, 2012. (Public Law 112–215) Senate Referral: S. 2388 was held at the desk. H.R. 4367, to amend the Electronic Fund Trans- Page H7427 fer Act to limit the fee disclosure requirement for an

VerDate Mar 15 2010 05:24 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE2.REC D21DEPT1 jbell on DSK7SPTVN1PROD with December 21, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D1067 automatic teller machine to the screen of that ma- Signed on December 20, 2012. (Public Law chine. Signed on December 20, 2012. (Public Law 112–218) 112–216) f S. 1998, to obtain an unqualified audit opinion, and improve financial accountability and manage- COMMITTEE MEETINGS FOR MONDAY, ment at the Department of Homeland Security. DECEMBER 24, 2012 Signed on December 20, 2012. (Public Law (Committee meetings are open unless otherwise indicated) 112–217) Senate S. 3542, to authorize the Assistant Secretary of Homeland Security (Transportation Security Admin- No meetings/hearings scheduled. istration) to modify screening requirements for House checked baggage arriving from preclearance airports. No hearings are scheduled.

VerDate Mar 15 2010 05:24 Dec 22, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE2.REC D21DEPT1 jbell on DSK7SPTVN1PROD with D1068 CONGRESSIONAL RECORD — DAILY DIGEST December 21, 2012

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Monday, December 24 12 p.m., Monday, December 24

Senate Chamber House Chamber Program for Monday: Senate will meet in a pro forma Program for Monday: The House will meet in pro session. forma session at 12 noon.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E1986 Paul, Ron, Tex., E1983 Gibson, Christopher P., N.Y., E1984 Poe, Ted, Tex., E1977, E1980 Austria, Steve, Ohio, E1987, E1989 Gonzalez, Charles A., Tex., E1983 Reichert, David G., Wash., E1982 Bachus, Spencer, Ala., E1986 Graves, Sam, Mo., E1992 Rigell, E. Scott, Va., E1997 Barber, Ron, Ariz., E1991 Griffin, Tim, Ark., E1997 Rush, Bobby L., Ill., E1981 Berman, Howard L., Calif., E1983 Holt, Rush D., N.J., E1998 Sa´ nchez, Linda T., Calif., E1982 Bishop, Rob, Utah, E1996 Israel, Steve, N.Y., E1993 Speier, Jackie, Calif., E1992 Bishop, Timothy H., N.Y., E1992 Jackson Lee, Sheila, Tex., E1977 Stark, Fortney Pete, Calif., E1991 Blackburn, Marsha, Tenn., E1986, E1989 Keating, William R., Mass., E1998 Van Hollen, Chris, Md., E1993, E1998 Bonner, Jo, Ala., E1986 Kissell, Larry, N.C., E1991 Webster, Daniel, Fla., E1981 Boren, Dan, Okla., E1987 Luja´ n, Ben Ray, N.M., E1984 Welch, Peter, Vt., E1983 Brown, Corrine, Fla., E1992 McDermott, Jim, Wash., E1997 Whitfield, Ed, Ky., E1991 Ellison, Keith, Minn., E1981 McGovern, James P., Mass., E1987 Wilson, Joe, S.C., E1983 Engel, Eliot L., N.Y., E1977 Mica, John L., Fla., E1988, E1990 Wolf, Frank R., Va., E1978, E1986, E1988, E1989, E1994, Eshoo, Anna G., Calif., E1985 Miller, Jeff, Fla., E1990, E1991, E1993, E1996, E1997, E1997 Fincher, Stephen Lee, Tenn., E1987 E1997, E1998 Young, Don, Alaska, E1981

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