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, TUESDAY, NOVEMBER 27, 2012 No. 149 Senate The Senate met at 10 a.m. and was COONS, a Senator from the State of Dela- A bill (S. 3637) to temporarily extend the called to order by the Honorable CHRIS- ware, to perform the duties of the Chair. transaction account guarantee program, and TOPHER A. COONS, a Senator from the DANIEL K. INOUYE, for other purposes. State of Delaware. President pro tempore. Mr. REID. Mr. President, I would ob- Mr. COONS thereupon assumed the ject to any further proceedings with re- PRAYER chair as Acting President pro tempore. spect to this bill at this time. The Chaplain, Dr. Barry C. Black, of- f The ACTING PRESIDENT pro tem- fered the following prayer: RECOGNITION OF THE MAJORITY pore. Objection is heard. The bill will Let us pray. LEADER be placed on the calendar. Eternal God, the source of our joy, Mr. REID. Mr. President, this is one thank You for this opportunity to call The ACTING PRESIDENT pro tem- of the must-do pieces of legislation we on Your Name. You have sustained this pore. The majority leader is recog- have to do before this calendar year Nation through the seasons of its exist- nized. ends. ence, and we are depending on You, f FINDING COMMON GROUND Lord, to guard our future with Your might. NATIONAL DEFENSE AUTHORIZA- Mr. REID. Mr. President, too often it As our Senators seek to do the work TION ACT FOR FISCAL YEAR is a challenge to find common ground of freedom, deepen their love for those 2012—MOTION TO PROCEED—Re- here in Washington. But as we nego- on life’s margins. Give our lawmakers sumed tiate a path back from the fiscal cliff, this day the gift of Your spirit as they Mr. REID. Mr. President, I now move we should also recognize when Demo- give thanks to You in all things. to proceed to Calendar No. 419, S. 3254, crats and Republicans agree. We agree Lord, we believe You will lead us the Defense authorization bill. taxes should not go up for anyone mak- through all our tomorrows as You have The ACTING PRESIDENT pro tem- ing less than $250,000 a year. Now, 97 led us through our yesterdays. pore. The clerk will report. percent of small businesses and 98 per- We pray in Your merciful Name. The legislative clerk read as follows: cent of middle-class families would benefit from that. Amen. Motion to proceed to the bill (S. 3254) to authorize appropriations for fiscal year 2013 With common ground in sight, we f for military activities of the Department of should be able to act today to avert the PLEDGE OF ALLEGIANCE Defense, for military construction, and for fiscal cliff for millions of families and defense activities of the Department of En- businesses. Even if we disagree on The Honorable CHRISTOPHER A. COONS ergy, to prescribe military personnel whether to extend tax breaks for the led the Pledge of Allegiance, as follows: strengths for such fiscal year, and for other wealthiest 2 percent of Americans, we I pledge allegiance to the Flag of the purposes. should agree to hold the middle class United States of America, and to the Repub- SCHEDULE harmless and do it today, do it now. A lic for which it stands, one nation under God, Mr. REID. Mr. President, we are indivisible, with liberty and justice for all. single vote in the House of Representa- going to recess, as we normally do on tives would get the job done now. Un- f Tuesdays, from 12:30 to 2:15 to allow for fortunately, there is one obstacle our weekly caucus meetings. APPOINTMENT OF ACTING standing between Congress and com- We are going to begin consideration PRESIDENT PRO TEMPORE promise: Grover Norquist. For years of the disabilities treaty this afternoon Norquist has bullied lawmakers willing The PRESIDING OFFICER. The whether with a vote or with permis- to put their oath of office or their clerk will please read a communication sion. It is a simple majority vote to promise to serve constituents ahead of to the Senate from the President pro move to this most important piece of their pledge to this antitax zealot. His tempore (Mr. INOUYE). legislation. brand of ideological extremism has The legislative clerk read the fol- MEASURE PLACED ON THE CALENDAR—S. 3637 been bad for Congress and even worse lowing letter: Mr. REID. Mr. President, I am told for the country. So I was pleased to see U.S. SENATE, that S. 3637 is due for its second read- Republicans in Congress distance PRESIDENT PRO TEMPORE, ing and is at the desk. themselves from Norquist this week. I Washington, DC, November 27, 2012. To the Senate: The ACTING PRESIDENT pro tem- appreciate that very much. So do the Under the provisions of rule I, paragraph 3, pore. The clerk will read the bill by American people. I am sure their con- of the Standing Rules of the Senate, I hereby title for the second time. stituents do. Several Republican law- appoint the Honorable CHRISTOPHER A. The legislative clerk read as follows: makers have said revenue should be on

∑ 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 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.000 S27NOPT1 jbell on DSK7SPTVN1PROD with S6910 CONGRESSIONAL RECORD — SENATE November 27, 2012 the table during the fiscal cliff negotia- let me suggest that if the President All this reflects a very clear philos- tions. How common sense is that? Ab- wants a solution to the challenges of ophy: For Washington Democrats, solutely. It is so clear to everyone ex- the moment, the people he needs to be every dollar that has ever been secured cept Grover Norquist. It is time now talking to are the members of his own for anything is sacred—every dollar for the Republicans to turn this happy party so he can convince them of the that has ever been secured for anything talk into action. need to act. We are not going to solve is sacred—and they will defend it to President Obama and Senate Demo- this problem by creating villains and the death regardless of what it means crats ran on a promise to end the Bush drumming up outrage. We will solve for jobs or the economy. But those tax breaks for the wealthy. President the problem by doing the hard work of days are over because you do not elimi- Obama did not hide that in the last sitting down and figuring out a solu- nate trillion-dollar deficits by taxing year of his campaign. Every place he tion that involves tough choices on all the rich—not even close. It may be an went, that is what he talked about. sides. effective talking point, but as a matter Americans, when they voted, raised That gets at another point I made of policy it is a minor deal, and the their voices and supported our pledge. yesterday. In the past, Democrats have Democrats know it. So, as we move Congress must act in accordance with demanded tax hikes now for spending into the final stretch, it is time, as I the will of the American people. cuts that never actually happen. Not have said, to put the talking points An agreement to avoid the fiscal cliff this time. A balanced approach means away and get serious about striking a must give economic certainty to mid- real spending reductions now. And I am deal. dle-class families and must protect im- not saying this because it is the Repub- The first step to recovery is to admit portant tax deductions for families and licans’ position, although it is. I am you have a problem. If borrowing more businesses still struggling to recover not saying this because I have any- than 40 cents for every dollar you from this great recession. It must take thing against the government, which I spend does not convince you you have a balanced approach to reduce spend- do not. I am saying this because it is a spending problem, frankly, I do not ing. But it must also ask the richest of the only approach that has any chance know what will. If Democrats cannot the rich to pay a little bit extra to re- of working. No credible deficit reduc- admit we have a spending problem, duce the huge deficit we have. tion plan we have seen over the past they need to talk to their constituents Any balanced agreement will require few years excludes real cuts. If we want more. They need to get real. That difficult concessions from both sides—I to prevent this crisis, Democrats need means changing the way things have said both sides. Clinging to the kind of to be as serious about cutting spending been done around here for the past few ideological purity Grover Norquist ped- as they are about spending. It is that years. dles, saying he will never bend or com- simple. Independent budget experts have promise, is easy. Cooperating with By the way, this is an approach been telling us for ages that our long- those with whom you disagree is hard. Americans overwhelmingly support. term budget deficits are driven by the Doing what is right for the country de- According to a recent AP poll, voters unsustainable health care entitle- spite personal cost is hard. Legislating prefer spending cuts to tax hikes 62 ments. What was the administration’s is hard. As we approach the fiscal cliff, percent to 29 percent—a more than 2- response to that? Their response was to Democrats are ready to make those to-1 margin. Now, there is a reason for add trillions more by creating an en- tough choices. I hope my Republican this. The American people are not stu- tirely new health care entitlement pro- friends, especially those who claim pid. They know the problem with gram. We were promised that the they put no pledge before their pledge Washington is not that it taxes too lit- President’s health care law would re- to serve their constituents, can say the tle but that it spends too much. They duce health care costs. What did it do? same. also know the only reason we are even We are now told health care costs will RECOGNITION OF THE MINORITY LEADER talking about a looming fiscal crisis rise as a share of our economy and the The ACTING PRESIDENT pro tem- right now is because the Democrats taxpayer’s liability. By one estimate, pore. The minority leader is recog- have spent the last 4 years creating it. those costs will go up by more than $1⁄2 nized. That is what I would like to focus on trillion over the next 10 years. FISCAL CLIFF this morning—how we got into this We know the number of Americans 65 Mr. MCCONNELL. Mr. President, yes- mess in the first place—because amidst or older will increase by one-third over terday I came to the floor to discuss all of the talk about plans and pro- the next 10 years. According to the what is known as the fiscal cliff, a mix posals, it is easy to forget that we did Census Bureau, there were 40 million of automatic tax hikes and defense not get here by accident; we got here older Americans in 2010. There will be cuts that are set to hit at the end of because Washington Democrats, from 54 million of them a decade after that, the year, jeopardizing our security as the President on down, have done two and more than 72 million older Ameri- well as our economy. My message was things exceedingly well over the past 4 cans a decade after that. What are the pretty simple: A solution is possible. years: spent other people’s money and Democrats doing to ensure the pro- Republicans have been reasonable, kicked the can down the road—spend grams they rely upon will actually be and the President needs to lead. He is other people’s money and kick the can there? We cannot ignore the facts. We the only one who can get us to a solu- down the road. For 4 years, Democrats need to prepare for the demographic tion. If that is what he wants, we will spent money we did not have in the changes we know are coming. Medicare succeed. So it was with some concern misguided hope that it would help the is simply too important for millions of that I read this morning that the economy. They have borrowed trillions seniors to let it continue down the road President plans to hit the road next of dollars to keep unemployment pret- to insolvency. We must preserve it for week to drum up support for his own ty much right where it was when they today’s seniors and strengthen it for personal approach to the short- and started. And here is what we have 4 those who will retire in the years long-term fiscal challenges we face. In years later: a mountain of debt and a ahead. other words, rather than sitting down looming national budgetary crisis. As Congress looks for savings, we with lawmakers of both parties and Republicans are happy to talk about need to look at the new health care en- working out an agreement, he is back how to solve this mess, but make no titlements too. While Democrats and on the campaign trail, presumably mistake, we will also talk about how Republicans may disagree on with the same old talking points with we got here. The reason we are having ObamaCare, it is ridiculous to suggest which we are all quite familiar. these negotiations is because Wash- that we make changes to Medicare and Look, we already know the President ington Democrats have spent money Medicaid while leaving $1.6 trillion in is a very good campaigner. We con- without any care for the cost or the fu- new ObamaCare spending untouched. gratulate him on his reelection. What ture and refuse to do anything to pro- For 4 years Democrats have been we do not know is whether he has the tect long-term spending programs, completely unbalanced in the way they leadership qualities necessary to lead such as Medicare, a failure that is have spent paper dollars. Yet now that his party to a bipartisan agreement on among the biggest single drivers of our the crisis is upon us, they solemnly ad- big issues such as we currently face. So debt. vise us that we need to be balanced in

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.003 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6911 our solution. This is how you ensure to be treated’’ and that he would do ev- But Senator Byrd was clear about the expansion of government. This is erything he could to ‘‘preserve the what we should never do. He said, ‘‘We how you end up with $16 trillion of rules and traditions of the institution must never, ever tear down the only debt, but it is not how you get out of that I love.’’ wall—the necessary fence—this Nation it. It is not how you solve the problem. Inaccurately describing the essence has against the excesses of the execu- You solve the problem by taking tough and wise purpose of the Senate, the tive branch and the result of haste and medicine and tough votes. You solve it majority leader sounded a lot like our tyranny of the majority.’’ by doing something different than former colleague Robert C. Byrd. So I Senator Byrd, as we know, was a his- what you have been doing all along. was quite surprised to hear our friend torian. He was a skillful majority lead- You solve it with the help of a Presi- from Nevada assert that Senator Byrd er who understood the unique impor- dent who is willing to lead his party. would actually support the heavy- tance of the Senate and the need of a You don’t just change your rhetoric handed tactic he intends to employ. majority leader to keep his commit- and your talking points while telling I am not going to correct all the in- ment. But he was also a political real- your base behind closed doors you accuracies my friend made yesterday, ist who had been around enough to un- aren’t going to give any ground. You such as saying four times that it takes derstand that political majorities are change your behavior. For Democrats 10 days to get out a bill. I don’t know fleeting, and if you break the rules to in Washington, as I have said, that what version of Riddick’s my friend suit your political purposes of the mo- means getting serious for a change has been reading, but if it actually ment, you may regret having done so about cuts. The time for campaigning took 10 days to get on a bill I might ac- when you find yourself in the minority. is over. It is time to act. tually support some rule changes my- Senator Byrd specifically said: NUCLEAR OPTION self. I strongly caution my colleagues as some Mr. President, yesterday the major- But I must disabuse my friend from propose to alter the rules to severely limit the ability of a minority to conduct a fili- ity leader and I had a rather spirited Nevada about how Senator Byrd would view the heavy-handed tactic he in- buster. I know what it is to be majority lead- discussion about his intention to er, and wake up on a Wednesday morning in change the Senate rules outside the tends to employ. Unlike the majority leader, I recall when our late colleague November and find yourself a minority lead- process provided in those rules. er. spoke on this topic at a Rules Com- When he was in the minority, my To make sure there was no doubt as friend from Nevada objected strenu- mittee hearing the last time the major- ity leader entertained ‘‘breaking the to his views on the subject, Senator ously to the very procedure he now Byrd concluded by unequivocally ob- wants to employ. He called using a rules to change the rules.’’ Senator Byrd was unequivocally against vio- jecting to the use of the nuclear option simple majority maneuver to change that the Senator from Nevada is now Senate procedure the ‘‘nuclear option’’ lating Senate rules to change the rules the way the current majority leader is proposing. He said: and described it as breaking the rules The Rules Committee must, however, jeal- to change the rules. Now that he is in proposing. Senator Byrd began by noting that ously guard against efforts to change or rein- the majority, he says the ends justify terpret the Senate rules by a simple major- ‘‘Our Founding Fathers intended the the means. He says we have to make ity, circumventing rule XXII where a two- the Senate more efficient and we have Senate to be a continuing body that al- thirds majority is required. to violate the Senate rules to do that lows for open and unlimited debate and My friend the majority leader is no so he and his colleagues in the major- the protection of minority rights. Sen- more correct about Senator Byrd’s ity can implement more easily their vi- ators have understood that,’’ he stated, views on the nuclear option, on the sion for America. According to him, ‘‘since the Senate first convened.’’ idea of breaking the rules to change these minor changes won’t affect any- That is Senator Byrd on the history of the rules, than he is about taking 10 one who has the thought of making the Senate. days to get on a bill. Senator Byrd also noted that at the America better. I will conclude by reading what are Constitutional Convention, James Let me say that again. The majority likely the last words Senator Byrd Madison reported that the Senate was leader said these minor changes won’t spoke on the subject of the nuclear op- to be ‘‘a necessary fence’’ in order to affect anyone who has the thought of tion, and I encourage my colleagues to ‘‘protect the people against their rul- making America better. Of course, in reflect on his wise counsel. This is ers,’’ and ‘‘to protect the people the majority leader’s world, it will be what he said: against the transient impressions into just he and his colleagues who deter- As I have said before, the Senate has been which they themselves might be led.’’ mine what makes America better. the last fortress of minority rights and free- How did Senator Byrd view the fili- In short, according to my friend from dom of speech in the Republic for more than buster in the role of the Senate? How Nevada, the means by which he wants two centuries. I pray that Senators will did it relate to the Senate as a ‘‘nec- pause and reflect before ignoring that his- to achieve his ends don’t matter, only essary fence’’? Senator Byrd said, ‘‘The tory and tradition in favor of the political his ends matter. That is pretty conven- right to filibuster anchors this nec- party of the moment. ient if you happen to be in the major- essary fence.’’ The ACTING PRESIDENT pro tem- ity at the moment. I say again, at the Senator Byrd acknowledged that this pore. The majority leader is recog- moment. But convenience or effi- right should not be abused, and that nized. ciency, as my friend has described it, is ‘‘there are many suggestions as to RULES CHANGES not what the Senate has been about. what we should do’’ if it is abused. He Mr. REID. To paraphrase Shake- My friend the majority leader may recounted procedures that currently speare, which I don’t do too often, I have put it best in 2006 when he made exist under the rules—I say again, pro- think the Republican leader protests the first of his commitments to respect cedures that currently exist under the far too much. Now he has gone back to the rights of the minority. This is what rules—to address it if it is. quoting Senator Byrd. the majority leader said: As I suggested yesterday, Senator The situation we had when the Re- As majority leader, I intend to run the Byrd also indicated that simply work- publicans were trying to change the Senate with respect for the rules and for the ing a full week such as most people rules regarding judges was totally dif- minority rights the rules protect. The Sen- do—I mean, most people in America ate was not established to be efficient. ferent than what has happened on the Sometimes the rules get in the way of effi- have a 5-day work week—by simply floor the last few years. You see, what ciency. The Senate was established to make working a full week we could address Democrats were proposing to do, help sure that minorities are protected. Majori- some of these concerns. Senator Byrd repair the Senate, is pretty much what ties can always protect themselves, but mi- bemoaned the fact that ‘‘the Senate Senator MCCONNELL said was necessary norities cannot. That is what the Senate is often works 3-day weeks.’’ In other in 2005. all about. words, if you want the Senate to be For example, Senator MCCONNELL My friend from Nevada then com- more productive, start working more. has said that the Senate has repeatedly mitted that he was going to ‘‘treat my It is not rocket science here. That is adjusted its rules as circumstances dic- Republican colleagues the way I expect what Senator Byrd was saying. tate. Let me quote. In remarks on the

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.005 S27NOPT1 jbell on DSK7SPTVN1PROD with S6912 CONGRESSIONAL RECORD — SENATE November 27, 2012 Senate floor in May of 2005, Senator ing amendments for 4 or 5 days instead ‘‘Mr. Smith Goes to Washington,’’ not MCCONNELL said: of waiting for 30 hours to expire and all idle time with quorum calls and wait- Despite the incredulous protestations of of that. ing for 30 hours to expire on meaning- our Democratic colleagues, the Senate has Also, we have this crazy idea that if less 30-hour postcloture time. We are repeatedly adjusted its rules as cir- you are going to have a filibuster, you not getting rid of that with regular fili- cumstances dictate. The first Senate adopted have to stand and say something, not busters, but we are getting rid of it on its rules by majority vote, rules, I might hide in your office someplace or go to a motion to proceed. add, which specifically provided a means to a wedding that you are having in your The Senate isn’t working. Apart from end debate instantly by simple majority vote. That was the first Senate way back at State. Then we also are doing the in- Senator MCCONNELL and his troops, ba- the beginning of our country. That was Sen- credulous thing of saying if we want to sically everybody in America agrees ate Rule 8, the ability to move the previous go to conference on a bill, rather than the Senate is not working. question and end debate. having three filibusters necessary to In the Senate, as in any human insti- Let me repeat some of the things he overcome with cloture, we would do it tution, there will always be plenty of said: once. blame to go around, but let’s call it like it is. Two long-time Senate watch- Despite the incredulous protestations of Those are the simple changes we are our Democratic colleagues, the Senate has making, and Senator MCCONNELL was ers, Thomas Mann and Norm repeatedly adjusted its rules as cir- right when he said that despite the in- Ornstein—one representing a progres- cumstances dictate. credulous protestations of our Demo- sive think tank, the other a conserv- The same day, Senator MCCONNELL cratic colleagues, the Senate has re- ative think tank—wrote this: also reported that the Senate has peatedly adjusted its rules as cir- We have been studying Washington politics ‘‘often reformed Senate procedure by a cumstances dictated. We are making and Congress for more than 40 years, and simple changes. We are not changing never have we seen them this dysfunctional. simple majority vote.’’ In our past writings, we have criticized both When Republicans were in the major- the Constitution, we are not getting rid of the filibuster. We are making parties when we believed it was warranted. ity, Senator MCCONNELL said this: Today, however, we have no choice but to ac- This is not the first time a minority of sen- three simple rules changes. As my knowledge that the core of the problem lies ators has upset a Senate tradition or prac- friend the Democratic Senator from with the Republican Party. tice, and the current Senate majority in- New Mexico, who is retiring, my friend I didn’t make that up. They wrote it; tends to do what the majority in the Senate who has been here 30 years, said Why is two of the foremost Congress watchers has often done—use its constitutional au- that all you are doing? this country has ever had. That is what thority under article I, section 5, to reform Under Leader MCCONNELL, Repub- Senate procedure by a simple majority vote. they wrote. Objective outside observers licans have mounted filibusters on are calling it like it is. The current Re- On March 27, 2005, Senator MCCON- things that don’t matter. The motion publican minority is abusing the Sen- NELL told Fox News that the Senate to proceed, he said, well, that allows us ate rules. So, in response, to quote Sen- can change the rules with 51 votes. to get—I am paraphrasing—that allows ator MCCONNELL: McConnell said: us to get set and have an idea what will The current Senate majority intends to do Well, obviously you would need 51 votes to happen on the bill itself. what the majority in the Senate has often do it. I’m confident that we would have 51 That is nonsense. It is only as the done—use its constitutional authority under votes if the majority leader decides to do it. leader indicated at the beginning of article I, Section 5, to reform Senate proce- I believe it should be done if we cannot get this Congress, his No. 1 goal is to de- dure. accommodations from the Democrats. feat President Obama. We have been We plan to do so to help repair the So what has changed in the last few able to get nothing done because of Senate. I am sorry there are those who years since those statements were that. The American people are sick of are criticizing me that we are not made? Well, for one thing under Leader it. doing more, but we are doing this. We MCCONNELL Republican Senators have In the 109th Congress, from 2005 to get rid of the motion to proceed and mounted filibusters so much more on a 2006, when the Republicans were in the have people come and present their regular basis. majority, there were very few filibus- faces—as Senator DURBIN said in a We talked here yesterday about the ters. In the next Congress, when the more explicit way, put their rear ends motions to proceed. I had a meeting roles were reversed, Republicans, they here in the Senate—rather than some- this morning with one Senator who has have done—I give this example, which place outside Capitol Hill. been in the Senate for 30 years. He is so understandable to everybody. This is the right thing to do. We need said, Why are you only changing the Lyndon Johnson, majority leader for 6 to repair the Senate. It is not working, rules this much? years—I will have 6 years at the end of and at the start of the next Congress Look how simple the rule changes this year—had one cloture motion. Me? we intend to do our utmost to take are that we are making, motions to I think we are up to about 386 now. In some modest steps to make it work proceed. Let us talk about that. I have this Congress we have had 110 filibus- better. a piece of legislation on the floor, as we ters and we have weeks to go. It is even The ACTING PRESIDENT pro tem- have on a number of occasions. That in the New York Times. They say: Oh, pore. The Republican leader. has to sit for a couple of days. Once he has filled the legislative tree. The Mr. MCCONNELL. Mr. President, I that happens and they won’t let us on New York Times reported I did that 19 certainly agree the Senate isn’t work- the bill, they won’t let us on anything, times—out of 110 filibusters. Had they ing. We get a few days in between re- I have to file cloture. Let us say I may let us get on a bill, there wouldn’t be cesses, rarely work at night, and al- do that on a Wednesday after a bill any need to fill the tree. We could have most never do anything on Thursday. lays there for a couple of days, so we spent that time having amendments. That is entirely within the purview of can have a Friday cloture vote. Republicans have increased the num- the majority leader. But, Mr. President, having been here ber of filibusters so out of proportion It is true that a few years back, when not very long, you know that is not the to any changes that have been in the my party was in the majority, we con- end of it. We have got cloture when we Senate it is hard to comprehend. The templated changing the rules, but cool- really haven’t because there is 30 hours Senate is not working as it should. Ev- er heads prevailed and we didn’t. The of idle time to do zero, nothing. Then eryone in America—and that is kind of fundamental issue, as my friend lays after the 30 hours, you are on the bill, an exaggeration, I acknowledge that— out, is that he wants to break the rules and to get off the bill you have to go maybe not everyone, but as I travel to change the rules. In other words, he through the same process again. around the country trying to help my and I are not negotiating on these I talked to three Republican Sen- candidates get elected and raise issues. He is deciding what will be the ators yesterday and they said, Explain money, people say: What are you going rule in the Senate. He will break the that to me. I said, Well, for the ap- to do to change the filibuster? This is rules in order to change the rules. That proximately 9 or 10 days that we waste awful. What is going on? is all anybody listening to this debate on getting on a bill, we could, if you That is what they say. They expect needs to understand. What the major- guys let us on a bill, we could be offer- Washington, the Senate, to work like ity leader is going to do is he is going

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.006 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6913 to break the rules to change the rules— cane rules changes when we ought to majority vote, I will do it because I am going one party only. be sitting down together and trying to to do my duty as I see my duty, whether I We ought to be negotiating rule solve the Nation’s huge deficit and debt win or lose. changes. Rule changes ought to be pro- problems. I can see that man with his white posed by the majority leader and the But the fundamental issue is this: Is hair, standing straight and tall, saying minority leader together that would the majority going to break the rules that. That is a direct quote from Rob- surpass the 67-vote threshold, if it is to change the rules? That is the issue ert Byrd. I am in the same position he designed to protect the Senate from before the Senate. Are we going to was. The Republicans have made the the whims of new majorities. There is break the rules to change the rules— Senate dysfunctional, and I have asked always a temptation when a party is in employ the nuclear option, fundamen- my caucus to support me for some sim- the majority to want to change the tally change the body, not have a nego- ple changes—simple changes. I went rules to benefit themselves at the ex- tiation between the two leaders about over them. The vexatious motion to pense of others. It is particularly ab- what adjustments might be appropriate proceed that was never abused until surd to do it right now because any- to make the Senate work better. Oh, this Congress by these Republicans we thing Senate Democrats would gain no, we are going to do it on our own. are going to change, and that is the out of that would go nowhere in the I think it is a huge mistake not only way it should be. House. So there is no practical purpose for the Senate, but it will impact obvi- Talk about all the time we are wast- served by this. All it does is put on ously our short-term ability to come ing not talking about the fiscal cliff is record that Senate Democrats are will- together and to work on the big prob- poppycock. The Republican leader is ing to break the rules to change the lems the country sent us to solve. the one who is coming to the floor en- rules. That is the fundamental issue. The ACTING PRESIDENT pro tem- gaging in these conversations, not me. Rules changes ought to be negotiated pore. The majority leader. There are going to be no rules changes by the two leaders, as they have been Mr. REID. Mr. President, the Repub- until the next Congress. This isn’t tak- down through the years, and then pro- lican leader is entitled to his own opin- ing away from the fiscal cliff argu- posed together. ion but not his own facts, and we seem ments at all that either side might As I have indicated on several occa- to have a revision of facts that simply have. sions—and I will say again—I think the are not accurate. I served with Senator I would also say this. Before coming frustrations the majority leader has Metzenbaum. He understood the rules. here, I was a trial lawyer, and I am had could have been easily solved by We always worked through them. proud of the fact that I was. I tried lots putting some of his young Members in There was not a big deal with that. He of cases. I had many jury trials—over the Chair and breaking down some— slowed things down a little bit, but 100. But I also settled hundreds and one person—trying to make it difficult that is what Senators do. hundreds of cases. One never felt com- to get on to a bill. All this could have Also, remember who said that a sim- fortable going to trial because what we been fixed. Rather than complaining ple majority would do it? MITCH always wanted to do was to settle the about it, just do something about it. MCCONNELL. I am not breaking the case before that. Even in the cases we That is what I would have done, if I had rules to change the rules. Here again is were forced to go to trial, with rare ex- been in his shoes. He has chosen not to what Senator MCCONNELL said: ception, the other side—either plaintiff do that. The first Senate adopted its rules by ma- or defendant, whichever side you Rather than point fingers and con- jority vote, rules, I might add, which specifi- weren’t on—would come to say, why tinue to campaign—look, the campaign cally provided a means to end debate in- don’t we try to work something out, is over. You guys had a pretty good stantly by simple majority vote. That was and here is my idea. day. You are in the majority. But you the first Senate way back at the beginning of But here we have a unique deal. I can’t seem to turn the campaign off. our country. have a Republican leader saying why You just keep running it forever. So That is true. I would also say—— doesn’t he negotiate with us. Our pro- here we are with this explosive nuclear Mr. MCCONNELL. Would the major- posal is there, which is to simply option being thrown into the Chamber ity leader yield on that point? change the motion to proceed, have a at a time when we ought to be turning Mr. REID. Sure. talking filibuster, and do something the election off and trying to come to- Mr. MCCONNELL. Did the Senate about the way we go to conference. If gether to solve the biggest problem, majority at that time, made up of Re- the Republican leader doesn’t like that which I talked about first, which is the publicans, choose to go forward and do and has some other suggestion about fiscal cliff and the Nation’s seemingly that? We did not do it. We did not use how rules should be changed, I will be hopeless debt and deficit situation. the nuclear option. There was a lot of happy to talk to him. If he thinks That is what we ought to be doing. In- discussion about it which related to ju- things are hunky-dory right now, he is stead, my friends on the other side just dicial appointments, but in the end the in a distinct minority, as are the Re- can’t keep from continuing to cele- majority chose not to do it. publicans in the Senate. brate the election. You won. Now, why Mr. REID. I respond to my friend, the Mr. MCCONNELL. We keep quoting don’t we govern. The way to govern is point is that rules have been changed Senator Byrd back and forth, but I to try to bring this body together. by simple majority for a long time. think it is appropriate to look at what The Senate has been built over the That is what Senator MCCONNELL said he said in 2010. He said: years on collegiality. We have always in 2005 and that is accurate. I believe that efforts to change or reinter- had some personalities on both sides I would also say this, and I say this pret the rules in order to facilitate expedi- who made it a challenge for whoever as respectfully as I can about the de- tious action by a simple majority are grossly the majority leader was. I can remem- ceased Senator Byrd. I think people misguided. The Senate is the only place in ber back when we were in the majority will recall, those who served in the government where the rights of the numer- and Howard Metzenbaum from Ohio Senate when Senator Byrd was around, ical minority are so protected. would sit out here on the floor and read that I was referred to as his pet. OK. He I said in my prepared statement ear- every bill. He was a royal pain in the took very good care of me. We had a re- lier what Senator Byrd said before the you know what to whoever the major- lationship that was very unique. I Rules Committee: ity leader was at the time. The Senate cared a great deal about this man. But The [Rules] Committee must, however, survived all that. We didn’t engage in a don’t misquote him. jealously guard against efforts to change or rules change dictated by whoever was Leader Byrd made clear he was will- reinterpret the Senate rules by a simple ma- in the majority at the moment. ing to force a majority vote if he need- jority, circumventing rule XXII where a two- This is exactly the wrong way to ed to. Here is what Senator Robert thirds majority is required. start off on a new year and to end an Byrd said: I keep coming back to this because it old year with a ton of problems that we The time has come to changes the rules. I has to do with the way any rule change have to deal with. Here we are, as a re- want to change them in an orderly fashion. is implemented. That is the point. The sult of this suggestion that we employ I want a time agreement. But barring that, if majority leader has suggested, and I the nuclear option, arguing about ar- I have to be forced into a corner to try for a think it is appropriate, that we talk

VerDate Mar 15 2010 00:50 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.007 S27NOPT1 jbell on DSK7SPTVN1PROD with S6914 CONGRESSIONAL RECORD — SENATE November 27, 2012 about rule changes together. But that The ACTING PRESIDENT pro tem- that we could get a vote. The only way is not what he is suggesting he is going pore. Without objection, it is so or- that seemed possible was to assert this to do. He says he is going to break the dered. power of overruling the Parliamentar- rules to change the rules and employ f ian’s ruling through the Chair and thus the nuclear option. establishing by 51 votes—or a mere ma- That is not a negotiation with the RESERVATION OF LEADER TIME jority—a new rule of the Senate. minority over rules changes. What we The ACTING PRESIDENT pro tem- That was deemed to be such a change ought to be doing is talking to each pore. Under the previous order, the that it was called the nuclear option other about what adjustments in the leadership time is reserved. because it hadn’t been done, and we rules we could advocate together, and could say that it was comparable to not one party with a majority today— f the use of a nuclear weapon in a war. It that might be in the minority 2 years ORDER OF PROCEDURE was such a game-changing proposition, from now—breaking the rules to to say the least, that Members on both change the rules for some kind of mis- The ACTING PRESIDENT pro tem- sides of the aisle got together in what guided short-term advantage. That is pore. Under the previous order, the fol- they called the Gang of 14. I think al- the problem. lowing hour is equally divided and con- most everyone in this body is glad that So I would be happy to talk to the trolled between the two leaders or cooler heads prevailed; that those 14 majority leader about these issues, but their designees, with the Republicans Members decided they would reach an I vigorously oppose—and I know Sen- controlling the first half. agreement amongst themselves that ator Byrd would vigorously oppose— The Senator from Arizona is recog- would make it impossible for either the breaking the rules to change the rules. nized. Democratic Party to automatically fil- He was very clear about that in 2010. I RULES CHANGES ibuster nominees or for the Republican know he would object to it. Mr. KYL. Mr. President, I would like Party to have this right to change the I hope somehow this nuclear option to continue the conversation that our rules just because they had 51 votes. can be avoided. It seems to me to be an two leaders were engaged in earlier and Therefore, they reached the com- absolutely unnecessary distraction also on yesterday. This is going to be a promise which, for judicial nominees, away from much larger issues con- very important issue for the Senate. was that there would be no filibuster fronting the future of our Nation. To put it into perspective for the except in extraordinary circumstances. Mr. REID. Mr. President, Senator American people, let me just say that a Both sides deemed that a sufficient Byrd served in the House of Represent- rules change in the Senate is not a way of resolving the issue that came atives and the Senate for almost 60 small or an inconsequential matter. It before us at that time. Everybody years. He gave lots of speeches. I have is even more important if it is at- stood down. The war did not occur. The quoted what he said. I will quote again tempted to be done without going nuclear weapon was not used, and that part of what he said. through the normal process of chang- was for the best of the country and cer- The Constitution in Article I, Section 5 ing the rules, which requires a two- tainly for the best of the Senate. We says that, Each House may determine the thirds majority. This is important be- avoided a crisis and, certainly, there Rules of its Proceedings. cause the Senate has always considered would have been a crisis. I can’t imag- Now we are at the beginning of the Con- itself a continuing body. It does not ine that my friends on the Democratic gress. This Congress is not obliged to be side of the aisle would not have reacted bound by the dead hand of the past. end and then begin again as the House of Representatives does because the very badly to the use of that nuclear So this debate is not going to be option had it been done by the Repub- solved by the deceased. It is going to be House has an election every 2 years. In this body, Members are elected for 6- lican majority. solved by us. We are in the Senate Well, today the shoe is on the other year terms. As a result, every 2 years today and the Senate has not been foot. The Democratic majority now has we have some turnover in the body, but working. No matter how many times reason to believe that it would like to the Republican leader says he likes two-thirds of the body has already been move forward with more alacrity on how things are today, it doesn’t make here and continues forward. legislation. Therefore, it believes that it so that the majority of the Senate So the rules of the Senate have al- by this same nuclear option procedure likes how it is today. The facts are the ways been continuing rules of the con- it should change the rules so that the facts. We can’t make them up. The tinuing body, amendable by a two- ability to filibuster at the beginning of Senate is not working, and we need to thirds majority of the body. To suggest the consideration of the bill is elimi- do something to fix it. a nuclear option by which a mere ma- nated. I close, then, as I began. I would be jority of the body can amend the rules The Republican minority naturally happy to work with Leader MCCONNELL is itself a violation of the rules. It is an has said: Wait a minute. That is wrong about rules changes. I have made clear assertion of power. But as the old say- for two reasons. First of all, just as you what we seek. I await his suggestions. ing goes: Might does not make right. accused us of doing, you are changing As I repeat again what I said earlier, a And the fact that the majority may the rules without going through the man who has served with distinction in have the power to overrule a ruling of rules process change. This is your own the Senate, JEFF BINGAMAN—quite a the Chair, thus establishing a new version of the nuclear option. If it was legal scholar, having been attorney precedent and a new rule of the Senate, wrong then, it is still wrong now. And general before he came here—asked: does not make it right. That is why it most of us agreed after the fact that it Why are we asking for such modest hasn’t been done. was wrong then. But, secondly, what changes? So if the Republican leader In point of fact, there was a time a you would do, if you eliminate the re- has some ideas as to what he thinks few years ago, as has been discussed, quirement for cloture and a cloture should be done, I will come to his of- when some members of the Senate Re- vote if there is an objection to a unani- fice. We can do it privately or publicly. publican majority were considering the mous consent request to take up the I am happy to work with him. As I in- use of the same parliamentary tactic bill or motion to proceed to a bill, what dicated, that is how I used to do things to ensure a vote on nominees for the you are doing is putting all of the when I tried cases. This is the same, U.S. Supreme Court and also for the power into the hands of the majority just that we have a bigger jury. Court of Appeals. The feeling was that leader—in this case, the Democratic Mr. President, I suggest the absence the Democratic minority had filibus- leader—to decide whether there will be of a quorum. tered over and over and over and had any amendments at all from the Re- The ACTING PRESIDENT pro tem- prevented votes, I think, on Miguel publican side or even from the Demo- pore. The clerk will call the roll. Estrada, who was being nominated for cratic side. The only leverage that the The legislative clerk proceeded to the DC Circuit Court of Appeals. I minority has to ensure that it will be call the roll. think he was filibustered seven sepa- able to offer amendments is to nego- Mr. KYL. Mr. President, I ask unani- rate times. tiate with the majority leader and en- mous consent that the order for the The Republican leadership was inves- sure that right exists. And the only le- quorum call be rescinded. tigating the possibility of ensuring verage it has is to deny cloture on the

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.008 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6915 motion to proceed in order to instigate majority leader can simply say: I don’t The rules of the Senate shall continue that negotiation. It is political lever- want to consider your amendment. You from one Congress to the next Congress un- age. Let’s call it by its true name. But are out of luck under this proposal, less they are changed as provided in these without that political leverage, that whether you are a member of the mi- rules. check and balance, the majority leader nority or the majority. And then Senate rule XXII says that in the Senate takes a very giant step It is not just minority rights in the to end debate on a motion to amend or toward becoming exactly what the sense of political minority, but also, change the Senate rules: Speaker of the House is, in effect, a let’s say, you are from a small State . . . the necessary affirmative vote shall be dictator. rather than a big State, and there is a two-thirds of the Senators present and vot- ing. Now, I use that term in a very kind bill on the floor that helps the big sense because the Speakers of the States, and you want to offer amend- What I said earlier, that it takes a House under whom I served as a Mem- ments from a little State. It will be up two-thirds vote to change the rules of ber of the House of Representatives, to the majority leader to decide wheth- the Senate, is very clear in our rules. and certainly the current Speaker of er you can even offer that amendment They are continuing rules. So the no- the House, are fine people who care a if this rule change is adopted. So there tion that somehow this can be done lot about the institution of the House are two very important reasons the with just a 51-vote majority is explic- itly rejected by the rules themselves. of Representatives and, in some cases, Senate should be very careful about As I said, when this issue has pre- care for some degree of minority proceeding down this path. That is viously been raised, we have been very rights. But they all have one thing in what the Republican leader has been careful not to use the mere power of common: They run the House. If they talking about the last couple of days the majority to change the rules but decide, through the Rules Committee, here on the floor. have abided by the requirement of our there aren’t going to be any amend- It is important for the Senate to re- own rules to do it according to those ments offered by the other side, there flect in a longer view not only the views of the majority—political or oth- rules with a two-thirds majority. aren’t any amendments offered. Fre- I spoke before about the rights of the erwise—but also those who might have quently the minority is in the position political minority. I think it is worth some disagreement with the majority, of complaining about the fact that the noting again that each Senator rep- the theory being that the majority Speaker, through the Rules Com- resents a lot of people in a separate mittee, denies them the right to offer isn’t always 100 percent right. In any State, two of us per State. Our con- amendments or controls which amend- event, people around the country have stituents deserve the right to be heard ments they can offer, controls the a right to be represented through their in this body. It is one of the great op- time. Senator to get their points of view ar- portunities that as a matter of comity So if you are a Member of the House gued and discussed and perhaps consid- we have always accorded to each other. of Representatives and you want to ered for a vote here in the Senate. That We are courteous to each other on the offer an amendment, you can’t auto- has always been the way it is. It is a floor because we understand it is the matically do that, as has been the case tradition that has served this country best way for all of us to be heard. If a in the Senate. You have to go to the well. To eliminate that with this so- colleague wishes to raise a matter Rules Committee—which is hand- called rules change would do great dis- while I am speaking and says, ‘‘Will picked by the Speaker—and you have service to the American people, to the you just give me 2 minutes so that I to ask them for permission to offer an legislative process, to our Constitu- can raise this matter on the floor, and amendment and how long you will have tion, and to the great ability of this then I will be done,’’ of course we grant to talk about that amendment and the body to perform its function in the way that request because we understand wording of the amendment and all of that has been deemed so important for how important it is for our constitu- the other conditions that the Rules over 200 years now. ents to be represented, to have a voice. Committee establishes for debate of There is a reason this is called the If another Senator needs to raise a the matter on the floor of the House of greatest deliberative body in the his- point on behalf of the voters in his Representatives. tory of mankind—because we delib- State, we acknowledge that as nec- When the Constitution was originally erate. We think about things. We de- essary and important. written, the Founders’ idea was that bate them. We have all kinds of points That is why we think it is virtually we would have two different legislative of view offered or potentially offered sacred that all Senators should have bodies that would provide a check and through the amendment process, and if the right to represent their people, a balance on each other. One would that is denied, this will no longer be their State. No State should be disen- represent the immediate passions of the body it has always been. franchised, whether it voted Demo- the people, the House of Representa- People before us have cautioned both cratic or it voted Republican. There tives, the people’s body. If the people Democratic and Republican majorities are a lot of Democrats and Republicans were emotionally invested in a par- not to take advantage of their sheer in every State and a lot of folks who do ticular issue, the House was elected, majority, Democratic and Republican not belong to either party. They need a and they would hurry up and pass that leaders. In fact, there is a very inter- voice in the Senate, and each of us rep- legislation. They could do it with a ma- esting new book out by I believe the resents those people. It is not right jority because the power of the Speak- former chief of staff of the great Demo- that the voice of some Senators, and er was able to run over any minority cratic leader George Mitchell—I think therefore their constituents, be si- rights. The minority wouldn’t be able joined in by a Parliamentarian at a lenced because of, in effect, a power to get in the way. time when Republicans were in control, grab here through what has been re- But when it came to the Senate the so it is a bipartisan-written book—that ferred to as the nuclear option. idea was, slow it down, think it over. talks about the necessity of maintain- As my leader Senator MCCONNELL Let’s make sure we want to do this. ing the rules the way they are and not noted yesterday, what is potentially That is why we have the 6-year terms, using this nuclear option to change the being proposed here would undermine the continuing body, and the minority rule, denying minority rights. It is a the very purpose of the Senate as the rights to offer amendments. book worth reading, and it is a book I one place in our system where minor- That right to offer amendments is commend to my colleagues before we ity views, whether they are a political perhaps the most important way in embark on what might be a very fate- minority or any other kind of minor- which the Senate is distinguished from ful step in this body. ity, and opinions have always been re- other legislative bodies around the Let me make a couple of other spected and in most cases incorporated world and from the House of Represent- points. Under Senate rule V—not to be into law. That would be lost to the U.S. atives because it does guarantee minor- too in the weeds on this, but I think it Senate. ity rights. And not just party minority. is important for us to actually know Here is what the late Senator Robert If you are a member of the majority what we are talking about here. Here is Byrd, who all acknowledge was an ex- party from a State that has a very dis- the Senate rule speaking to the amend- pert on the Constitution and the Sen- tinct and serious interest in a bill, the ment process. I am quoting now: ate rules, once said:

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.011 S27NOPT1 jbell on DSK7SPTVN1PROD with S6916 CONGRESSIONAL RECORD — SENATE November 27, 2012 The Senate is the only place in govern- here. In most cases, the majority lead- they would feel if they were in the mi- ment where the rights of a numerical minor- er has filed a cloture motion on a Fri- nority. Members of my party are going ity are so protected. The Senate is a forum day and we voted on it on Monday, so to be pretty hard to convince we should of the states where, regardless of size or pop- go back to the rule the way it is today ulation, all states have an equal voice. . . . no time of the Senate has been taken in the intermediate time period. if the rule is changed to our disadvan- The Presiding Officer and I can ap- I know there is a narrative that the tage. That is really starting a nuclear preciate that because we don’t come Senate has not been able to get any- war—from a parliamentary point of from one of the bigger States. thing done during the past couple of view, I mean. It is not a good idea for Senator Byrd goes on: years, but it is not because of some un- anybody, least of all for the American Without the protection of unlimited de- precedented use of the filibuster. As I people. bate, small States like West Virginia might I urge my colleagues who are consid- be trampled. Extended deliberation and de- said, have you seen Members down here bate—when employed judiciously—protect talking hours on end about a particular ering this to be open to alternatives, every Senator, and the interests of their con- issue or all through the night or what- have an open mind, be willing to think stituency, and are essential to the protection ever? No, you have not seen that. That this through, talk it through, to have a of the liberties of a free people. was kind of done in a bygone era, when congenial debate on the floor about the He was specifically speaking to the Strom Thurmond was here and some possibilities, and eventually, I suspect, point I made there: to ‘‘the interests of others, but it has not been done. as has happened so many times in this their constituency.’’ It is not a Sen- We have not done a budget in 3 years. great body, reasonable positions have ator’s right that we are arguing about That has been a sore point among a lot prevailed—maybe after a lot of unrea- here; we are the voice of the people we of people. You cannot filibuster the sonable ones were proposed, but gen- represent. It is our constituents’ rights budget. So is the reason we have not erally we have come to the right con- that would be denied by this process. done a budget because there has been a clusions. We have done so because we They deserve a voice. They have been filibuster? Absolutely not, because the respect each other’s rights. That has guaranteed a voice through us, the rules don’t permit a filibuster of the produced the best legislation in the 230 temporary stewards of their voice. To budget. years of our country’s history. deny that voice, especially through the There are a lot of misconceptions The PRESIDING OFFICER (Mr. procedure that has been suggested here. I hope my colleagues will take a MANCHIN). The Senator from New York. here, as the late Senator Byrd said, deep breath, step back. Those who Mr. SCHUMER. Mr. President, first I would be a denial of something essen- came from the House of Representa- wish to thank my colleague from Ari- tial to the protection of the liberties of tives, as I did, remember what it was zona for not just his remarks during the last few minutes but for his service a free people. like when you were in the minority in here. I think everyone on our side The current Democratic leader was the House. Essentially you had no knows the Senator from Arizona has one of the staunchest defenders of the rights. Is that the way you want it to strongly felt views, many times dif- Senate’s protection of minority rights be here? Because someday you are ferent than many of ours, but that they for all of the reasons I mentioned. He going to be a minority in the Senate. are sincere, they are heartfelt, they are spoke eloquently about this on earlier This body will change majorities. occasions. He believes and he has said In any event, whether we are talking honorable, and that they are not ‘‘po- litical,’’ and I very much appreciate that he is frustrated by the process political majorities or not, as I men- that. that he sees not working as quickly as tioned with respect to the Presiding Of- Let me say a few things, though, he would like to see it work and, as a ficer from the same State as the late about these rules changes. The over- result, has apparently changed his Robert Byrd, his State did not always whelming fact that hovers over this mind as to the process for changing the have the power to be heard because it Chamber is that it is broken. Nobody rules as well as the rules themselves. is a small State, as is mine. So it disagrees with that. The Senate is bro- But I think the whole question of the doesn’t matter whether you are Repub- ken. This great, wonderful institution filibuster needs to be properly under- lican or Democratic, your constituents that has had such a legendary history— stood here as really meaning different have a right to be heard. Our current perhaps the greatest legislative body things to different people. It is essen- Senate rules protect that right on be- the world has ever seen—is dysfunc- tially a tool that brings the Senate to half of our constituents, and I believe tional. None of us disputes that. We the center because it requires com- it would be a grave error for the cur- have to start from there. How do we promise. It requires people to get to- rent Members of this body or those who change it so it is no longer dysfunc- gether and talk. take office next year to conclude that tional? As I said, the right the minority has because they have been frustrated My colleague the Republican leader to filibuster the motion to proceed is sometimes in what they wanted to ac- says, Well, it is personalities or it is to say: Mr. Leader, unless you are will- complish, it is worth it to just brush character or whatever. That expla- ing to guarantee us that we can have the minority aside and say: Because I nation doesn’t wash. The amount of some amendments on this bill and that couldn’t get everything I wanted, I was good character in this body is probably we get to pick our own amendments, frustrated with your desire to offer no different—no more, no less—than then we are going to force you to get 60 amendments, I am going to take that the amount of good character in pre- votes lined up in order to proceed to right away from you by changing this vious Senates that were far more func- the bill. That is the only leverage we rule in this way. tional. I would argue that good char- have. So you are not really filibus- I think it would be regretted later in acter is pretty high. By and large, we tering. You are not trying to talk the time. I think the reaction would be the respect our colleagues as individuals bill to death. You don’t have any inten- same as occurred with regard to the so- and as Senators on both sides of the tion of taking a lot of time. You just called Gang of 14 when this nuclear op- aisle and across the aisle. So it is an want to be heard. You want to have tion was considered several years ago. I easy way out to say, Change character. your amendment up. A lot of times we think most people in this body now say I guess when one says ‘‘change char- say it will take just 10 minutes a side they were wise people who brought us acter,’’ they mean change their char- to debate it and have a vote, but if the back from the brink of this precipice. acter. The bottom line is that the Sen- majority leader can say, ‘‘Nope, you Had we gone over that, this body would ate is broken and we cannot maintain are not going to be able to do that,’’ not be the same as it is today and we the status quo. then he can say Republicans have en- probably would be regretting that deci- I wish to quote my great colleague gaged in a filibuster when all it is is an sion greatly. from Michigan Senator STABENOW—I objection to his motion to proceed I urge my colleagues, who I know in hope she won’t mind—from a meeting without having the right to offer any good faith are frustrated at their in- we had this morning. She talked about amendments. So it is an important tool ability to do exactly what they want to a constituent she had who said, When but not the way most people think of do because they are in the majority, to are you going to change the rules? The it—to delay and to talk things to just stop and reflect on the damage constituent said, You sound like some- death. That is not what has happened this would do to this institution, how body who has suffered from spousal

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.012 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6917 abuse and keeps suffering from it and No, we are not letting her come up, pe- What we basically want to do, as suffering from it and suffering from it riod. That was against the spirit, at some have proposed, led by the Senator and says they can’t change it. Of least, of the agreement. I am sure if my from Oregon, Mr. MERKLEY, and the course that person can change it and of colleague from Tennessee were here, he Senator from New Mexico, Mr. UDALL, course we can change things. might have a different interpretation, is say, If a Member wants to have a fili- What we are trying to do on this side but at least that is ours. But the over- buster, they have to talk; they can’t is come up with some changes that will all point is the so-called gentleman’s just have one person get up and say ‘‘I make the Senate flow better but, at agreement fell apart early in the Sen- object’’ and then we need 60 votes or the same time, preserve the essential ate, never to be resurrected. the bill doesn’t come up. What will character of the Senate. If we were to It is our belief on our side that we that do? In my opinion, that restores propose a rules change that would say should allow amendments from the the proper balance to the Senate. If a we need 51 votes for everything, we other side, but they should not be Member has to talk—not just one per- would be no more, no less, than the abused. There should not be 50 of them. son but everybody who is against it—a House of Representatives. There are They should not talk about everything Member is only going to be able to sus- some on our side, frankly—I think my under the Sun. Yes, there can be some tain that filibuster on major issues. No colleague from Iowa at one point—who nongermane amendments—we under- doubt the other side would have had have argued, Let’s move the number stand what those are all about—but it the ability to sustain—even if we went down to 55. We are not doing that. The shouldn’t be a piling on. It is our view, 24 hours, 7 days a week—they would rules changes we are entertaining are frankly, that the goal of many of the have enough passion and enough enthu- done with preserving the character of other side was simply to obstruct siasm and enough bodies that they the Senate and making sure an indi- whatever happened here, to show that would filibuster the health care bill. vidual Senator’s rights are protected the government didn’t work, in hopes Probably they would do the same on and that the rights of the minority are that there would be an electoral advan- Supreme Court Justices, as would we if protected and the place is not stam- tage to that argument and people we were in the minority, if we vehe- peded by majority votes. In the House, would change the Senate majority. mently disagreed with a proposal. But they can have a majority of one and Well, it didn’t happen. So now there is if a Member has to be on the floor and still pretty much get their way. In the a new opportunity. actually filibuster as opposed to just Senate that wouldn’t happen, even if Our colleagues on the other side say invoking the rules, they will use it we had 55 or 58 or even 60 Senators with the only reason we filibuster is because sparingly because they cannot sustain the changes we have proposed. you guys fill the tree. Well, let’s look it for every amendment or every minor So let’s look at them. There have at the numbers. In the last Senate—in bill or, frankly, for bills that have a been attempts to not change the rules this Senate up until now—there have large amount of support. We know but, rather, to sort of come to some de- been 19 tree fillings by Leader REID. there is a small number of our col- gree of comity between the parties. I There have been 110 cloture motions. leagues who are much more focused on know because under Leader REID’s di- That is 6 to 1, a little less than 6 to 1, offering their own amendments or stop- rection, I was involved, and under Sen- more than 5 to 1, less than 6 to 1. So, ping the whole Senate. We can name ator MCCONNELL’s direction, Senator clearly, the filibuster—the use of the them from the other side of the aisle. ALEXANDER was involved. Two years motion to proceed to prevent us from But under this rule, they would have to ago, when there was an attempt to do getting on a bill unless it has 60 votes— get more support than just four or five rules changes, it was particularly Sen- has far exceeded the number of times people to do it over and over, and it ator ALEXANDER, for whom I have enor- the leader has filled the tree. It has wouldn’t happen. So then the filibuster mous respect in the same way I have been done on things that aren’t even would be used as it should be. We are respect for Senator KYL, who proposed amendable, including judges, appoint- not saying no to filibustering. We are that instead of changing the rules we ments. There couldn’t be objections not suggesting going back to 51 and try to work things out better. There is that we wouldn’t allow amendments on simple majority rule. It would be used a basic rule here in the Senate which is those things. You can’t amend: Let’s on major issues where there is a real that the majority gets to propose the have half the judge be nominated to division and a lot of passion and strong agenda. That is an enormous privilege the sixth circuit or let’s have the As- feeling and conviction as opposed to and an enormous advantage. We get to sistant Secretary of State only have simply trying to block everything and set the agenda in the committees and these powers. That doesn’t happen. So tie this place in a knot. on the floor. But the minority has the even on those things, there have been When filibusters would decline and right to offer amendments which either filibusters. We asked right now—I there would be no motions to proceed poke holes in what we have proposed or think there are about 20 judges pend- that would be debatable, what would even talk about other subjects because ing—to move them. No, we are going to happen? I guarantee my colleagues on we don’t have a rule, as they do in the filibuster. Yesterday, a sportsmen’s the other side of the aisle that more House, where just about everything has bill, which has a lot of dissension on amendments would be allowed to be of- to be germane. So Senator ALEXANDER our side and probably has more agree- fered because we wouldn’t be in this and I attempted to do that. We said, on ment on the other side than this side, tit-for-tat situation. Would we have the one hand Republicans will not was filibustered. This goes on and on unlimited amendments? No. Would it block motions to proceed, and let us go and on. be that every time we have a bill we forward and debate bills, and on the So the rules changes we are pro- have to debate a passion of a single other hand we would allow a reason- posing will not prevent the minority Senator from a single State over and able amount of amendments—germane from exercising its rights, from being over and over? No. But would there be and some not germane—to the bills able to offer amendments, and, in fact, plenty of amendments and would the that came up. from filibustering. The goal here is minority not being able to filibuster Well, obviously, it failed early on in simple: Use the filibuster sparingly, most bills have sort of high ground, the Senate. The basic gentleman’s not 110 times in a session of Congress. whomever that minority is, that agreement didn’t work. It is our view Even in the days of the great southern amendments should be offered? Abso- the agreement fell apart when our col- barons and the civil rights debates lutely. leagues on the other side of the aisle where the people from the South re- The bottom line: We cannot do noth- said they will not allow the President’s garded filibuster as their only weapon ing. There is too much at stake in our nominee for the CFPB, the Consumer to stop something they strongly—in Nation to have the Senate paralyzed Financial Protection Board, to move my opinion very wrongly—disagreed once again. The House is a partisan forward. She will now join us in the with, it was used a handful of times body. It passes a lot of things in a very Senate and discuss rules changes, in only on the major debates of the time. partisan way. The Senate must still be one of the ways that history works in Now the filibuster is used for every- the cooling saucer envisioned by the strange ways now. So we said we would thing, including district court judges, Founding Fathers, by George Wash- allow some amendments. They said, offering small, minor amendments. ington and James Madison. There must

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.014 S27NOPT1 jbell on DSK7SPTVN1PROD with S6918 CONGRESSIONAL RECORD — SENATE November 27, 2012 be the ability where the ‘‘passions of ergy. I wish to mention that the pro- This is in large part as a result of tar- the people’’ cool in this government, duction tax credit has been used on geted Federal incentives, such as the and it resides in the Senate. The many occasions to promote other kinds production tax credit. changes we have proposed continue of energy development, including nat- I would like to highlight further that tradition but prevent—mitigate ural gas. The production tax credit for some of the many benefits of the wind strongly against, if not totally pre- wind, particularly, is set to expire at energy industry in Michigan. There are vent—paralysis, which is where we are the end of December and, as a result, at least 40 facilities that develop and right now. thousands of hard-working middle- produce various components for the Remember: 110 cloture motions. And class families in Colorado and across wind energy industry, and that sup- that will happen again in the next ses- our country who currently work in this ports about 5,000 jobs. Furthermore, sion, the next Congress, in the Senate, important energy industry are at ex- wind projects have contributed over $7 if we don’t do something to change it. treme risk of losing their jobs. million in property tax payments to The idea, once again, of just blaming In fact, many of these workers have local governments; and that is money this person or that person is not seeing already been laid off as companies that helps fund schools, infrastructure, the larger problem that needs change brace themselves for the expiration of and other vital community services. and correction. The proposals that I be- the PTC. To put it in stark terms, the So the State is building the towers lieve this side will make—and we potentially bright future of a and the blades and the cells so that we haven’t yet discussed them in our cau- quintessentially American industry is can harvest the wind. Michigan is tak- cus—will return the Senate to the way uncertain unless we act as soon as pos- ing advantage of that opportunity as it was envisioned by the Founding Fa- sible. well. They are ramping up their de- thers: a body where minority rights I have come to the floor now some 22 ployment of this technology to harvest have much greater strength than the times to discuss the wind energy indus- the wind because the wind energy man- majority, but a body where bipartisan try, and when I do so I highlight the ufacturing sector is located there. So it compromise is encouraged, not discour- positive effects the PTC has had on one is a virtuous cycle, if you will. aged. individual State. I have had the great In 2011, Michigan more than doubled So to my colleague from Arizona I opportunity and privilege of speaking its power production from wind energy, say: We are open to suggestions, but about the wind energy industry in the and it is on pace to increase its capac- suggestions that say ‘‘you just change Presiding Officer’s State, the State of ity by another 50 percent this year. your ways’’ we would say back aren’t Montana, and today I want to take the That would include the completion of going to reduce the gridlock. I believe opportunity to talk about the Wol- the State’s largest wind farm, the Senator ALEXANDER and I and Senator verine State. Michigan is another re- Gratiot County Wind Project, which is MCCONNELL and Senator REID, when we markable illustration of how the PTC located in the middle of the lower pe- proposed this gentlemen’s compromise has revitalized manufacturing and cre- ninsula. This project itself not only 2 years ago and didn’t change the rules, ated good-paying jobs while providing created over 250 construction jobs and all had the best of intentions, but it the State with clean energy. 15 permanent maintenance and oper- failed. We have our reason for why it We have seen improvement in the Na- ations jobs, it also doubled the tax base failed and they may have another, but tion’s economy, but many families and of the local schools. This has created a it is indisputable that it failed. We businesses across our country are still positive ripple effect on all these com- have to look at something new. I hope struggling to make ends meet. This has munities that has been noticeable and my colleagues on the other side of the been especially true in Michigan, a powerful. aisle, if they don’t agree with the pro- State that has one of the Nation’s Moreover, there are currently enough posals we are likely to make, will have highest unemployment rates and a wind projects under construction in their own suggestions but suggestions sluggish manufacturing base. This is Michigan to nearly double the current that go beyond just change the person- all as a result of the tough economic wind power production in the State, alities, change the individuals, what- times we have experienced over the with even more potential developments ever. last 4 years. in the works. The point I am making is In conclusion, this is a wonderful But if we look at Michigan, the wind that the key is the production tax body. I have served in it for 14 years. I industry saw an opportunity in Michi- credit when it comes to these projects respect it, I revere it, and I still love, gan. Michigan is known for its highly and, most importantly, the jobs they with all the dysfunction, coming to skilled workforce, and so the wind in- create. work Monday morning, which is a test dustry took root in Michigan, took ad- There remains a vast untapped po- for me in life. But our country has so vantage of this workforce, and now we tential when it comes to wind energy many issues and so many problems and see that in Michigan there is signifi- in the State. In fact, the National Re- needs the Senate to lead and needs a cant manufacturing of wind turbines newable Energy Lab estimates that Senate that is not paralyzed in grid- occurring there. That has reinvigo- Michigan has enough wind power po- lock. Without changing the rules, I fear rated Michigan’s industrial base, and it tential to meet 160 percent of the we will have a repeat of the last 2 has aided in the recovery of the State’s State’s current electricity needs. The years, where each side blames the economy. extension, therefore, of the PTC is es- other and nothing gets done. If we think about it, thousands of sential to the continued development With that, I yield the floor. I know parts go into each car manufactured in of Michigan’s wind resources, which we have several colleagues on the Sen- Michigan, and wind turbines—from the will create good-paying American jobs, ate floor who want to speak. towers to the cells to the blades—are aid local communities, and build a The PRESIDING OFFICER (Mr. no different. Someone told me recently clean energy economy. TESTER). The Senator from Colorado. that something in the order of 8,000 So it is pretty simple. The produc- Mr. UDALL of Colorado. Mr. Presi- parts go into a wind turbine. So if we tion tax credit, the PTC, equals jobs, dent, I want to associate myself with think about that, the skills of these and we need to pass it and extend it as the remarks of my colleague from the hard-working Michigan workers trans- soon as possible. great State of New York, and I look late into the development, the engi- How do we do that? Well, if we want forward to working with him and the neering, the construction, and the that bright future to be realized, we entire Senate to find ways in which the manufacturing required for wind tur- need to work together and extend the Senate can continue to do the impor- bines, which then in turn provides the wind PTC now. It is common sense. It tant work the public has asked us to State of Michigan and the local com- has bipartisan support. It has bi- do. munities with thousands of new jobs cameral support. We need to extend it WIND ENERGY TAX CREDIT and billions of dollars in investment. now, as soon as possible. The PTC has Mr. President, I rise this morning We can see all the green circles on not only aided in the growth and ex- again to speak to the importance of ex- the map of Michigan I have in the pansion of our manufacturing econo- tending the production tax credit, oth- Chamber that identify the places in mies in States such as Michigan, but it erwise known as the PTC, for wind en- which this manufacturing is occurring. has also shown us that America can

VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.015 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6919 and, frankly, must outcompete China PTC has been an important factor in That is why it is so critical that we ex- and the other countries that are trying helping this new industry grow. If it is tend the wind production tax credit. to develop their own wind energy in- allowed to expire at the end of the At a time when our companies are dustry. year, it would not only hamper efforts competing with other countries over So let’s come together. Let’s find a to generate more clean energy for this technology, we cannot turn our path forward. Let’s pass an extension Michigan homes and businesses, but backs on them. of the wind PTC as soon as possible. also dampen the potential for new China is spending millions of dollars The longer we wait, the longer we do manufacturing jobs tied to wind power. every single day to beat us on clean en- not act, it puts the significant eco- That is not a good outcome for our en- ergy. They are investing in companies, nomic strides we have seen in States vironment, for Michigan families or for building plants, and making every ef- such as Michigan and all around the the American economy. fort to lead the world in this tech- country at risk, and it substantially So again I thank Senator UDALL for nology. inhibits future job growth. We simply his focus on this issue. I hope as we We are in a race, and we cannot af- cannot afford to cede this promising work to address the many pressing ford to lose. new energy technology and energy fu- issues we must resolve before the end I urge my colleagues to pass an ex- ture to countries such as China. of the year, we can resolve this one as tension of the wind production tax Mr. President, with that, I yield the well, and maintain the momentum of credit. floor. clean energy to help our environment The PRESIDING OFFICER. The sen- Mr. LEVIN. Mr. President, I want to and our economy. ior Senator from Pennsylvania. thank Senator UDALL for his work Ms. STABENOW. Mr. President, I THE FISCAL CLIFF bringing attention to this important thank my friend from Colorado, Sen- Mr. CASEY. Mr. President, I rise this issue. ator UDALL, for speaking on this im- morning to spend a couple moments To me, this issue is simple: Alter- portant issue, and for his constant ad- talking about the work we have to do native energy, including wind power, is vocacy of the wind production tax cred- between now and the end of the year. not only a vital component of our envi- it. There are various ways to describe ronmental protection efforts, but to We have entrepreneurs right now in this, but it is usually described under growing our economy and creating jobs Michigan and all across the country the broad umbrella terminology called for the middle class. who are working hard to invent our the fiscal cliff. Some debate the use of Michigan is the State that put the clean energy future. those words, but there is no question world on wheels. Through innovation I am thinking of companies like that we have very difficult decisions to and dedication, entrepreneurs, engi- Ventower in Monroe, that just opened make in the next couple of weeks. neers, and Michigan workers combined their 115,000-square-foot wind turbine My primary concern—and I think their efforts not just to revolutionize tower manufacturing facility last year. this is a concern that is widely shared transportation, but to create an explo- They have hired 150 people to build in the Senate and across the country— sion of manufacturing employment those huge wind towers that you see is, What will all this mean for middle- that helped create and sustain the along the highway. These are good-pay- income families? What will their tax American middle class. ing jobs of the future. rates be? What will their near-term Today, a new generation of Michigan Energetx Composites is another com- economic security be? And what can innovators is harnessing the power of pany in Michigan that used to manu- they expect for their families and for wind, the promise of biofuels, the facture luxury yachts. They took their the communities within which they power of advanced batteries. Earlier experience with light-weight materials live, especially at this time of year? A this year, I visited a wind farm in and now they are producing the blades lot of families are not just preparing Breckenridge, MI, that is a marvel of for the wind turbines, and they have for the new year and what will happen, technology, as far removed from the also hired workers in Michigan. they are also trying to make decisions farmstead windmills of days past as a Astraeus Wind and Dowding Indus- about spending, about holiday shop- jet fighter is from the Wright Brothers’ tries are doing the casting work and ping, about investments, about prior- plane. That wind farm is a textbook ex- manufacturing the hubs that allow ities in which they have to invest in ample of how the advance of tech- those blades to turn and produce en- their own lives. nology is helping Michigan’s economy, ergy. These are huge items—some as We know from some of the data, enabling us not just to recover from big as a house—and they need people to when it comes to debating what will the setbacks of the past, but to lead us build them, and ship them, and that happen to middle-income families and into a brighter economic future. means jobs of the future in Michigan. their tax rates, the positive side of ex- Wind power is an important part of It also means a future that we can tending those tax rates for middle-in- that advance. It is a rapidly growing hand down with pride to our children come families. We also know the down- sector of our State’s electrical gener- and our grandchildren. It is a future side of not getting that work done, not ating system. Wind-generating capac- with a strong middle class. It is a fu- extending them. ity more than doubled in 2011, and ture where the American dream is alive Just to give two examples, the Con- projects under construction or in the and well. gressional Budget Office says extending development pipeline could increase We have been through tough times in the tax rates for the middle-class capacity tenfold or more. The more Michigan, but wind power has been a would boost gross domestic product by power we generate from wind, the more bright spot. This year, we more than 1.3 percent and would increase jobs by affordable, clean energy is available to doubled our wind capacity in Michigan. 1.6 million. So those are two very posi- our State and Nation. We now have more than 200 turbines tive impacts if we can get the agree- Michigan also has an important role running in places such as Gratiot, ment, which I think we can arrive at in building advanced wind-generation Huron, Misaukee, and Sanilac Coun- working with Democrats and Repub- equipment, not just for our State, but ties. licans to do this, to extend the tax for the United States and the world. We have another nearly 300 turbines rates for middle-income families. So Roughly 40 Michigan facilities are en- coming online in the Thumb area—one GDP up by 1.3 percent if we get the gaged in this business, many of them of the areas of strongest growth in the work done to extend those middle-class businesses that have turned expertise State. And all of that development tax cuts, and increasing the number of developed in the automotive industry means thousands of jobs in Michigan jobs by 1.6 million. to this new and growing field. Already that depend on wind energy tech- Another way to look at this is from wind is responsible for hundreds of nology. the negative side of it as well, the con- good manufacturing jobs, and the po- But if Congress doesn’t act by De- sequences of not getting this work tential is nearly as limitless as the cember 31, those businesses will see done to extend middle-income tax wind itself. their taxes go up. To raise taxes on the rates. That is why renewal of the produc- innovative companies creating the jobs Mark Zandi, an economist who is tion tax credit is so important. The of the future? That doesn’t make sense. widely quoted across the country and

VerDate Mar 15 2010 00:30 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.018 S27NOPT1 jbell on DSK7SPTVN1PROD with S6920 CONGRESSIONAL RECORD — SENATE November 27, 2012 by many of my colleagues in the Sen- So these decisions we make on tax my business or when we have to make ate—I am not quoting, but this is a policy, on the end-of-the-year agree- a decision, sometimes we have to cut summary—says that the economic im- ments we have to reach, are vitally im- spending across the board. pact of ending these tax cuts, not get- portant to continue that progress, and, Unfortunately, if we do not make ting an agreement, would reduce gross in fact, to move or accelerate the job cuts that help our economy grow, we domestic product by $174 billion. growth numbers even faster. will badly injure our ability to grow We do not want to do that. That As I mentioned before, part of this is the economy in the near term and in would be a very bad result for every- not just about tax rates, it is also the future. So we all agree cuts have to one. So whether we read the CBO num- about reducing spending. Fortunately, be made. The question is, How do we do bers or we talk to economists or read there is a track record. Despite all the that? Do we make cuts that are smart about their assessments or we talk to rancor and partisanship in Washington, and that help us grow or do we make CEOs, they all agree we have to deal there is also another story of bipar- cuts that are indiscriminate, without with both the tax rate question for tisan progress that was made over the any kind of a strategy behind them? middle-income families as well as mak- last couple years by agreeing to spend- Fortunately, I think there is agree- ing sure we are avoiding the across- ing cuts. ment that across-the-board cuts, the-board cuts, which I will get to in a We agreed to a little less than $1 tril- whether they are defense cuts which moment. lion of spending cuts over the next 10 will impact jobs or whether they are So there is much to do to solve our years. So it shows we can come to- nondefense cuts which will also impact year-end challenge, and we certainly gether. The main point I started with the economy, do not make a lot of have more challenges in 2013. But it is is on middle-income families. We need sense. It does not make sense to say all basically about getting our fiscal house to give middle-class Americans cer- cuts are equal; therefore, medical re- in order. Part of that is spending cuts, tainty by the end of the year. Frankly, search should be cut in the same way part of that is getting more revenue, we should do it even before the end of an inefficient program should be cut. and, as well, even as we are getting our the year. We should do it in the next That does not make sense. I think fiscal house in order, dealing with var- couple days or weeks. We can do that most Americans understand that. ious tax challenges along the way. by saying to our friends in the other We have to get an agreement to avoid We should point out that there has body, the House of Representatives: those automatic cuts. I think we can. I been a lot of progress made. I will just Pass the bill we passed in the Senate think Democrats and Republicans agree it would be the wrong approach give two examples of that. We know which gives tax certainty, a continu- to allow that to happen. I think we can when the national job numbers were ation of tax breaks to 98 percent of tax- get agreement on that. What we need is announced in October, part of the re- payers. porting that was done by the Bureau of We should do that because it will pro- a balance. Just as when any family has Labor Statistics was that we had an vide some certainty for the end of the to make a decision about their own budget or about their own spending pri- October number, but then we had a year and for going into next year. I orities, they need a balance. Obviously, September and an August number that have an additional point to make about the balance is two parts; one is revenue was revised upward, thank goodness. that as it relates to the payroll tax and one is spending. So we need to get When we combine the August, Sep- cut. We came together last year, late that balance in place. We also need, in tember, and October job growth num- 2011 into 2012, as we had done a year order to achieve that kind of balance, bers, it means in those 3 months we earlier, to cut the payroll tax, to re- Democrats and Republicans to be will- created more than 500,000 jobs across duce that tax so most workers, most ing to work together—compromising, the country. I should say the economy families in this country would have not getting everything you want but created 500,000 jobs. The exact number about $1,000 extra to put in their pock- getting enough of an agreement that ets, more take-home pay that they is about 511,000 jobs. So that is a meas- we can move the country forward. ure of progress. could spend on their priorities and in- Despite all the problems, I have a I was just looking at some housing vest in the priorities of their own fami- high degree of confidence we can get an assessments. We are releasing a report lies, whether it is making a purchase agreement. Folks will come together or a summary of some data this week for that family, whether it is paying and compromise. Part of that starts in the Joint Economic Committee. for education, whether it is just get- with putting in place an agreement, Just to give you two examples on ting from point A to point B, putting which is already one element to the housing progress: The number of pri- gas in the car. Whatever it is that fam- compromise. That is not just voting on vately owned housing units that were ily decides to use those extra dollars but having the agreement that says: started last month increased by 31,000 for, it has had an enormously positive Let’s have certainty right now for mid- units to 894,000 units at an annual rate. impact—122 million households were dle-income families. What that means is it is up about 3.6 positively impacted by that payroll tax Everyone agrees, with very limited percent. That is good news, maybe even cut. exception, that we should extend tax better news because we want to get the What it means in terms of jobs— rates—keep the tax rates the same for assessment of people in the trenches. about 400,000 jobs created. So one of the about 98 percent of the American peo- One bit of good news on housing is that reasons we can say we are making ple. There is broad agreement on that. confidence among homebuilders rose progress in developing some momen- Some on the other side do not want to again in November. That will also be tum behind the job creation numbers is have a conclusion to that because they part of that report. because of the payroll tax cut that was want to have a debate about what hap- So it is an increase in jobs the last put in place in 2012. We know the kind pens to the wealthiest among us, the couple months, more economic growth, of progress we are making, the kind of very top income earners, roughly about more progress, more momentum and certainty we want for middle-income 2 percent of income earners. good information or good news on families can be badly undermined if we But look, we have agreement on the housing. The problem is it is not good do not get an agreement not only on other 98 percent. So what I would say is enough. We are not creating jobs fast tax rates but also on this across-the- whatever it takes to give meaning or enough. The pace of the recovery needs board indiscriminate cut that would integrity to the vote we had in the to accelerate. It is not moving fast take place if we do not have a bipar- Senate to get an agreement here but enough for us to fully recover. I like to tisan agreement. also encourage the House to vote to say and many have used this analogy: This is known by that fancy term say: Let’s give middle-income families We have been in a ditch. We have been ‘‘sequester’’ or the other term ‘‘seques- the certainty they deserve, let’s just down in a pretty deep hole. We have tration.’’ What that means, and I am say we are going to agree, Democrats been climbing out the last couple not sure many people heard that termi- and Republicans, that 98 percent of years, but we are not out yet fully. We nology before a year or two ago—but taxpayers across the country are going will be out and have a full recovery what that means is across-the-board to have their tax rates continue. when we see those job numbers in- cutting. Some people say: That some- Then we can have a big debate after crease. times makes sense. In my family, in that about what happens to the

VerDate Mar 15 2010 00:30 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.019 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6921 wealthiest among us. I think it makes State would say to me: You have to The PRESIDING OFFICER. The sense, at a time of high deficits and a work together with people in the other clerk will call the roll. debt problem that will confront us for party to get this done. The legislative clerk proceeded to years, that we have some part of that You know why they say that. That is call the roll. revenue come from the wealthiest not some unreal expectation that the Mr. SCHUMER. I ask unanimous con- among us. People across the aisle American people have of us. It makes a sent that the order for the quorum call might disagree with that. We can have lot of sense. Because in every family be rescinded. a big debate about that. But let’s put out there, whether it is in Pennsyl- The PRESIDING OFFICER. Without in place, in law, the kind of certainty vania or across the country, in every objection, it is so ordered. middle-income families should have. I business, small business or larger busi- THE FISCAL CLIFF think we can do that. So let’s get in ness, in every one of those cir- Mr. SCHUMER. Mr. President, I rise place an agreement for the 98 percent, cumstances, in a family or in a busi- to discuss the state of the ongoing ne- and then we will have a big debate ness, those individuals have had to sit gotiations to avert the fiscal cliff. about the wealthiest 2 percent. Let’s down over the last couple years espe- So far there has been little progress get in place tax rates that will allow us cially, work out differences, set prior- reported at the negotiating table. to do that. ities, set goals, reduce spending some- Since the President’s very productive I think a little history is instructive. times, make investments they knew meeting with the bipartisan leaders We know that in the 1990s and the they needed to make to grow their from the House and Senate on Novem- 2000s, we know there is, according to business or to create more economic ber 16, the subsequent staff talks have the data, no relationship between lower certainty for their family. produced no breakthroughs. Repub- marginal rates for the wealthiest They have had to do that. All they licans in the room are not yet acknowl- among us and faster accelerated eco- are saying to us is just take a lesson edging the need to let tax breaks for nomic growth. I emphasize no relation- from the life of a lot of families in the very wealthiest Americans expire, ship because I think some have made America. Sit down, set priorities, work nor are they offering the kind of rea- the case. on coming together, and get an agree- sonable reforms to entitlement pro- Two examples. During the Clinton ment. I think we can do that. Despite grams that Democrats can be expected administration, to address the growing all the differences, I think both parties to support. budget deficit at the time, which was understand the urgency of those ques- But despite this impasse, as Leader not as severe as today, but it was a tions, whether it is the tax rates, MCCONNELL described it on the floor pretty substantial deficit, the top mar- whether it is across-the-board spending yesterday, I am optimistic we can still ginal tax rate was raised. It went up on cuts, which would be indiscriminate get a deal by Christmas. I detect a the wealthiest individuals. The econ- and harmful, whether it is what we do great deal of progress being made be- omy grew at the fastest rate in a gen- about individual programs, what we do neath the surface. You only need to eration and more than 22,000 jobs were in the near term to reduce deficit and turn on television these past couple of added. debt. days to observe the signs of this So that is what happened during We have to come together, as fami- progress. President Clinton’s two terms in office. lies have to come together, and make For nearly three decades, a rightwing During the following 8 years, the top agreements with people whom we are Washington lobbyist has exerted a marginal rate was lowered—not raised sometimes disagreeing with or not get- stranglehold on mainstream Repub- but lowered—for the wealthiest indi- ting along with every day of the week licans over the issue of taxes, threat- viduals. The economy never regained and make decisions that businesses ening political retaliation against any the strength of the previous decade, have to make almost every day of the lawmaker who dared to vote for any the 1990s. Job growth slowed and wages week or at least every month on their fiscal solution that asked the wealthy stagnated, leaving middle-income fami- spending, on their priorities and on to pay their fair share. But in the 3 lies especially vulnerable when the their investments. weeks since the election, one Repub- I think we can do that. I know we great recession began toward the end of lican after another has been rebuking have to do that. 2007. this lobbyist for his uncompromising That is some of the history. That is I yield the floor and I suggest the ab- sence of a quorum. stance on taxes. Republicans in both part of the foundation or undergirding the House and Senate are deciding they for the debate we are going to have on The PRESIDING OFFICER. The clerk will call the roll. no longer want to be married to this tax rates. This is not a lot of theory or pledge. Republicans are saying they a lot of maybes. We have data and in- The bill clerk proceeded to call the roll. want a divorce from Grover Norquist. formation and kind of a track record That alone is a leading indicator that a trying it two different ways, the way Mr. SCHUMER. Mr. President, I ask unanimous consent that the order for fiscal deal is within reach. Both sides we tried this under President Clinton are still far apart and discussions over and the way we tried it under the next the quorum call be rescinded. The PRESIDING OFFICER. Without the next few weeks will be difficult. administration. I think that is instruc- objection, it is so ordered. But with each new Republican dis- tive. avowing Grover Norquist, the chance of Finally, I would say that for all the f a deal rises sharply. challenges we have, for all the dis- RECESS First there was SAXBY CHAMBLISS, an agreements we have, I think most peo- Mr. SCHUMER. Mr. President, I ask honorable Member of this body and a ple in the Senate, no matter who they unanimous consent that the Senate be charter member of the Gang of Six, are—Democrats, Republicans, Inde- in recess until 2:15 p.m. who has spent the last 2 years trying to pendents—whether they were running The PRESIDING OFFICER. Under negotiate a bipartisan compromise in for office this year or not, all heard the the previous order, the Senate stands the best of faith. Senator CHAMBLISS is same message. They all heard maybe in recess until 2:15 p.m. a signer of the Norquist pledge, but he two basic messages from people. At Thereupon, the Senate, at 12:24 p.m., went on TV—not somewhere else but least that is what I heard in Pennsyl- recessed until 2:15 p.m. and reassem- down in Georgia—last week and brave- vania, all across the State, for longer bled when called to order by the Pre- ly said: than 2012 but certainly most fervently siding Officer (Mr. WEBB). I care about my country more than I do with a sense of urgency this year. f Here is what I heard, a two-part mes- about a 20-year-old pledge. sage: Do something to create jobs or do NATIONAL DEFENSE AUTHORIZA- Then on ABC this past Sunday, more to create jobs, move the economy TION ACT FOR FISCAL YEAR LINDSEY GRAHAM said: faster. No question, I heard that over 2013—MOTION TO PROCEED—Con- The only pledge we should be making is to and over. Soon thereafter, within sec- tinued each other to avoid becoming Greece. onds of saying that, families or tax- Mr. WHITEHOUSE. Mr. President, I On the very same program, my friend payers whom I ran into across the suggest the absence of a quorum. from New York, Congressman PETE

VerDate Mar 15 2010 00:55 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.021 S27NOPT1 jbell on DSK7SPTVN1PROD with S6922 CONGRESSIONAL RECORD — SENATE November 27, 2012 KING, said the pledge no longer applied elusive for any party that caters to here for a while remember one of the because, ‘‘the world has changed. And special-interest groups that occupy ei- more moving moments that we experi- the economic situation is different.’’ ther the far left or the far right. enced in our service here, and that was These were just two interviews with Over the years the Democratic Party the signing of the disabilities law on George Stephanopoulos. But sometimes has wrestled with the same issues Re- the White House lawn. Bipartisan progress on the Sunday news shows can publicans are facing. When I was elect- members of the disabled community foreshadow progress in the negotiating ed to Congress in 1981, crime was rip- were there. The President of the United room. In fact, these comments by Sen- ping apart my district. I came to Wash- States, George Herbert Walker Bush, ators CHAMBLISS, GRAHAM, and Con- ington with the goal of working to pass and so many others were there. One of gressman KING appear to have started a new laws to crack down on crime. Lo the prime individuals who was largely trend. and behold, I found that the Demo- responsible was our beloved leader at Yesterday, Senator CORKER echoed cratic Congress at the time was lit- that time, Bob Dole, a man who epito- their sentiments. He released his own erally outsourcing the drafting of mized, in my view, how a disability can fiscal plan, which contains $1 trillion crime legislation to the ACLU. I have be overcome to go to the highest levels in new revenues. Asked whether his in- great respect for the views of civil lib- of American Government. clusion of revenues puts him at cross ertarians. But at that time, the activ- I freely admit that I love Bob Dole. I purposes with Grover Norquist, Sen- ists’ motto was, Let 100 guilty people listen to him. I appreciate his leader- ator CORKER said: go free lest you convict 1 innocent per- ship. I think the majority leader would agree that we appreciated his biparti- I’m not obligated on the pledge. The only son. That view was far outside the thing I’m honoring is the oath I take when I mainstream, but it dominated our par- sanship during a great deal of his time. serve, when I’m sworn in this January. ty’s thinking on crime for better than I hope my colleagues will, before de- ciding to vote, at least listen to the Senator MURKOWSKI said similar a decade. Our party suffered for it. We letter that was addressed to all of us by things yesterday. Even Senator SES- didn’t snap out of it until President Senator Bob Dole which we received SIONS showed hints of compromise Clinton passed the crime bill in the yesterday: when he said, about the pledge: 1990s. After that, we won back the trust of moderate, middle-class voters. As you may know, tomorrow the Senate We’ve got to deal with the crisis we face. will vote on the Convention of the Rights of We’ve got to deal with the political reality of I know the echo chambers some of our Republican colleagues are in and I Persons with Disabilities, CRPD. Unfortu- the President’s victory. nately, I am currently at Walter Reed and so know how difficult it is. But if history And then this morning, the vaunted cannot call you personally, but wanted to Wall Street Journal editorial page even shows anything, after suffering some connect with you via e-mail on this time bad losses at the polls earlier this seemed to distance itself from Mr. sensitive matter and ask for your help. I month many Republicans are now real- Norquist. Of the need to compromise hope you will support this important treaty. izing the need to snap out of it on The CRPD is the first international treaty with President Obama, the Journal taxes. to address disability rights globally. It is an counseled: Grover Norquist has had a good run. opportunity to advance the great American This is where Mr. Norquist can give some It has lasted far longer than 15 min- tradition of supporting the rights and inclu- sion of people with disabilities on a global ground. If taxes are going up anyway because utes. But his stringent views make him the Bush rates expire, and Republicans can basis. Ratification of the CRPD will improve stop them from going up as much as they an outlier now. It is not unlike what fiscal, technological, and communication ac- otherwise would, then pledge-takers deserve happened to his longtime friend Ralph cess outside the United States, thereby help- some credit for that. Reed, who steered the Republican ing to ensure that Americans—particularly We disagree with the forms of reve- Party too far right on social issues in many thousands of disabled American vet- the 1990s and is hardly heard from any- erans—have equal opportunities to live, nues that most of these Republicans work, and travel abroad. It will also create a have in mind. Many of the Republicans more. Mr. Norquist will likely not be de- new global market for accessibility goods. expressing openness to revenues want The CRPD is supported by a number of in- to pursue them only through tax re- parting the scene anytime soon, but dividuals and groups, including 21 veterans form next year. And even then, they perhaps he could switch his focus to groups, 26 faith-based organizations, over 300 are only willing to consider limits of immigration. He makes a lot of sense disability organizations, and the Chamber of deductions as opposed to rate increases on the need for a comprehensive immi- Commerce. Your vote would help to reaffirm gration reform bill, and I would be first the goals of equality, access, and inclusion on the very wealthy. for Americans with disabilities—both when Democrats, on the other hand, be- to work with him on that. But as the events of the last weeks show, on those affected are in the United States and lieve that even if Republicans want to outside of our country’s borders. kick tax reform into 2013, a significant taxes, Grover Norquist is out on an is- I would greatly appreciate your support of downpayment on revenues must be en- land. the CRPD. In conclusion, I salute my colleagues acted before January 1. And we further God bless America, Bob Dole. on the other side of the aisle who have believe that the fairest, most straight- The PRESIDING OFFICER. The ma- disavowed his group’s pledge. I will en- forward way to make that downpay- jority leader. courage others to do the same. The ment on revenues is by decoupling the Mr. REID. Senator MCCAIN is abso- more who do, the closer we will come Bush tax cuts for the wealthy. Lim- lutely right. Those of us who served to a bipartisan agreement on our fiscal iting deductions is a necessary rev- with Bob Dole revere Bob Dole. He is problems. enue-raising component of a grand bar- such a stalwart figure in the history of Thank you, Mr. President. I yield the America. He has all the qualities of a gain, but it does not and cannot re- floor. place the need for restoring the Clin- leader that I admire and certainly wish The PRESIDING OFFICER. The ma- I had. He has a great sense of humor. ton-era rates for the top two tax brack- jority leader. No one who has ever served in the Sen- ets. Republicans are not quite there f ate has ever had a better, quicker sense yet in terms of acknowledging this, but of humor than Bob Dole, and he used it they are moving slowly in the right di- EXECUTIVE SESSION—MOTION TO PROCEED to perfection. rection. He called me a few days ago. He is at As the Washington Post reported this Mr. REID. I move to proceed to exec- Walter Reed not for a checkup; he is weekend, for the first time in decades utive session for the purpose of the there because he is infirm. He is sick. there is a bipartisan consensus in favor consideration of treaty document 112–7, We should do this for many reasons, of asking the wealthy to pay a little the Convention on the Rights of Per- not the least of which is to recognize more to reduce the deficit. The ques- sons with Disabilities. what a great leader Bob Dole is and has tion is how to do it. This is an encour- I ask unanimous consent that prior been for our country. aging development. It suggests that to the clerk reporting the motion, Sen- I ask the clerk to report the motion. Republicans are slowly absorbing one ator MCCAIN be recognized, and when The legislative clerk read as follows: of the lessons of the 2012 election which he finishes that I be recognized. The Senator from Nevada [Mr. REID] moves is that elections continue to be won in Mr. MCCAIN. Mr. President, I think to proceed to executive session to consider the middle, and victories will remain my colleagues and I who have been treaty document No. 1127.

VerDate Mar 15 2010 00:55 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.023 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6923 Mr. REID. I ask for the yeas and nays that being the case, we hope that by, truth in legislating and to separate on my motion. let’s say 5 o’clock, we will have an idea ourselves from ideological and/or par- The PRESIDING OFFICER. Is there a what the universe of amendments, if tisan efforts to distort that truth or to sufficient second? There appears to be any, would be. prevent, actually, an alternative re- a sufficient second. There is a suffi- I ask unanimous consent that there ality, which is what happens in some cient second. be a period of debate only on the treaty cases. The question is on agreeing to the until 5 p.m. today, with that time Our colleagues, I am told, want to ap- motion. The clerk will call the roll. equally divided and controlled between proach this in good faith. We welcome The legislative clerk called the roll. the proponents and opponents, and that that. We look forward to sitting down Mr. DURBIN. I announce that the time actually be controlled by Sen- with them, working through what Senator from Connecticut (Mr. ators KERRY and LUGAR, and that I be amendments we think we should vote BLUMENTHAL) is necessarily absent. recognized at 5 o’clock. on, and perhaps we can even work to- Mr. KYL. The following Senators are The PRESIDING OFFICER. Is there gether to tweak one of the under- necessarily absent: the Senator from objection? standings or declarations in an appro- Illinois (Mr. KIRK) and the Senator Without objection, it is so ordered. priate way. We would like to make from Kansas (Mr. ROBERTS). The Senator from Massachusetts. progress. I believe we can get this done. The PRESIDING OFFICER (Mr. Mr. KERRY. Mr. President, let me It will be a good moment for the Sen- FRANKEN). Are there any other Sen- just reiterate—I think Senator BAR- ate when we do. ators in the Chamber desiring to vote? RASSO is here and Senator LEE, and I know we have not always agreed on The result was announced—yeas 61, others; Senator KYL is also here—we all the issues and certainly not even nays 36, as follows: look forward to working over the with respect to this treaty. What I ask [Rollcall Vote No. 205 Leg.] course of the next few hours with our of my colleagues is this: Those who op- colleagues to try to come to some un- YEAS—61 pose this or who are inclined to oppose derstanding of the amendments here. it, I would say step back and take a Akaka Hagan Murray One of the things that we promised— Ayotte Harkin Nelson (NE) look at this treaty and measure the re- Barrasso Hatch Nelson (FL) and Senator REID has altered his ap- port language, the report the com- Baucus Inouye Pryor proach to this in order to try to accom- mittee put out, and measure the trans- Begich Johnson (SD) Reed modate our colleagues—is to make cer- mittal letter of the President of the Bennet Kerry Reid tain we are not closing people out and United States and the Secretary of Bingaman Klobuchar Rockefeller Boxer Kohl Sanders there is no effort to try to limit the de- State, and what they have said to the Brown (MA) Landrieu Schumer bate. Senate is really at stake in this treaty. Brown (OH) Lautenberg Shaheen I do think, by virtue of the work Cantwell Leahy I ask my colleagues before they come Cardin Levin Snowe done in committee and otherwise, to the floor to carefully check the fac- Carper Lieberman Stabenow there is a limit to where we need to go tual foundation of this treaty because Tester Casey Lugar in terms of amendments. So I am per- we have continually heard some out- Collins Manchin Udall (CO) Conrad McCain Udall (NM) fectly happy—together with Senator side groups characterizing it in ways Coons McCaskill Warner LUGAR—to work with our colleagues that simply do not meet the facts, that Durbin Menendez Webb with respect to a reservation or an un- do not withstand scrutiny when meas- Feinstein Merkley Whitehouse derstanding or a declaration that they ured against the law of the United Franken Mikulski Wyden Gillibrand Murkowski believe needs to be tweaked. We will States or international law or the law see what we can do with respect to the of the States. This treaty does not re- NAYS—36 number of amendments we want to quire any change whatsoever to Amer- Alexander Enzi McConnell bring. Blunt Graham Moran ican law. None. Zero. There is no im- Boozman Grassley Paul Let me just say to my colleagues pact on American law. There is no abil- Burr Heller Portman that this treaty should not be con- ity in this treaty for anybody to gain Chambliss Hoeven Risch troversial. Senator Robert Dole, Presi- some new right here in the United Coats Hutchison Rubio Coburn Inhofe Sessions dent George H.W. Bush, former Repub- States. No individual, American or for- Cochran Isakson Shelby lican Attorney General Richard Thorn- eign, gains any access to the courts in Corker Johanns Thune burg, and current colleagues Senator an effort to litigate some component of Cornyn Johnson (WI) Toomey BARRASSO, Senator MORAN, and others Crapo Kyl Vitter this treaty because the treaty specifi- DeMint Lee Wicker have all supported and believe we cally denies people any access to the ought to move forward with this treaty courts. It is what is called—it is not NOT VOTING—3 in a bipartisan manner. self-executing. As a consequence of not Blumenthal Kirk Roberts I would say to my colleagues that in being self-executing, it gives no right The motion was agreed to. the wake of the election, this is the to any litigation. f first legislative effort we are making So the obvious question from some- on the floor of the Senate. It would be body might be, well, why do we want to EXECUTIVE SESSION my hope that we could reflect that we do it then? What is the benefit to us? heard the American people, who asked The benefit is very significant in terms CONVENTION ON THE RIGHTS OF us to do their business and to not fall of our diplomacy, in terms of the rights PERSONS WITH DISABILITIES into the pattern of partisan divide, of of Americans when they travel abroad, gridlock that has so characterized the Americans with disabilities. The PRESIDING OFFICER. The Senate over the course of the last few Now, our bottom line—I think our clerk will report the treaty. years. This is our opportunity to prove shared bottom line—Senator LUGAR, The legislative clerk read as follows: that the exceptionalism we are all Senator MCCAIN, Senator BARRASSO, Treaty Document No. 112–7, Convention on proud to talk about with respect to our Senator MORAN, and others who sup- the Rights of Persons with Disabilities. country is defined by our doing excep- port this treaty believe this will extend The PRESIDING OFFICER. The ma- tional work. the protections to millions of disabled jority leader. This is an opportunity to do that. We Americans when they leave our shores. Mr. REID. Mr. President, Senators have an opportunity to rise with com- I thank Majority Leader REID for KERRY and LUGAR are managing this mon purpose and make a difference, being willing to bring this treaty to most important treaty. We are now in not just here in the United States, the floor at this moment in time when executive session. We are going to take frankly, but most predominately make there is obviously a lot on Senators’ a couple of hours to see who wants to a difference in the rest of the world as minds, a lot of business before the Sen- offer amendments. Senator LUGAR, to how people with disabilities are ate. But I believe this treaty will be Senator KERRY or their staffs should be treated. I believe the Convention on deemed to have the requisite votes ul- contacted to indicate what, if any, the Rights of Persons with Disabilities timately to show that this is, in fact, amendments they wish to offer. So is an opportunity for us to embrace the in the best interests of our country.

VerDate Mar 15 2010 00:30 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.025 S27NOPT1 jbell on DSK7SPTVN1PROD with S6924 CONGRESSIONAL RECORD — SENATE November 27, 2012 This treaty has been described as a In testimony before the Foreign Re- Foreign Relations Committee approved modest treaty, but the impact of Sen- lations Committee this year, Special this treaty in a strong bipartisan vote ate ratification is actually far from Adviser for International Disability on July 26, and that marked the 22nd modest. The impact will echo around Rights at the State Department Judith anniversary of the landmark Ameri- the world. Why? Because the United Heumann recounted in personal and cans with Disabilities Act. States of America is the world’s gold searing terms why this issue is so im- I am grateful to the majority leader, standard with respect to the treatment portant. She drew from the experience former Majority Leader Dole, and to of people with disabilities. of her own life. President George Herbert Walker Bush, This has been a long journey for us in . . . As a child, I did not have the benefit who joined a bipartisan group of Sen- the United States. We have gone of accessible communities, inclusive schools, ators, whose names I have listed, in ad- through many different steps leading or accessible transportation. Without even vocating for this important cause. I ultimately to the Americans with Dis- simple curb cuts, I wheeled in the streets think our former colleague Senator abilities Act, of which we celebrated amongst oncoming traffic. I could not ride Kennedy would be very proud if he the 20th anniversary. Our own col- our buses and trains. I was not allowed to go could see us coming together today in to school until I was 9 years old, and then re- league, Senator TOM HARKIN from support of a convention just as we did Iowa, was the leader on that landmark ceived poor quality education, segregated from the rest of my peers. When I applied for two decades ago with the ADA. piece of legislation, together with my my first job as a teacher, I was initially de- This treaty is personal to many former colleague Senator Ted Kennedy. nied my certification simply because I could Members here, to Senator DURBIN, to They moved this country forward in not walk. Senator HARKIN, to Senator LUGAR, and great steps so that we welcomed people Today she is advocating on behalf of others. Members from both sides of the with disabilities into mainstream the State Department for this treaty. aisle have worked hard to bring us to America. She summed up her interests in this the floor today. I believe the questions The impact of this treaty is to take compelling way. She said: have been answered. I think the report that gold standard and extend it to and the RECORD could not be more countries that have never heard of dis- U.S. citizens with disabilities frequently face barriers when they travel, conduct busi- clear. The only question that remains ability rights or that have never ness, study, serve, reside or retire overseas. is whether we are going to be remem- changed their laws to accommodate With our extensive domestic experience in bered for approving the Disabilities people with disabilities. This will have promoting equality and inclusion of persons Convention and reconnecting with our a profound impact. Most significantly, with disabilities, the United States is best traditions or finding an excuse to it will have a profound impact on those uniquely positioned to help interested coun- delay and defy our core responsibility who have served our country, those 5.5 tries understand how to effectively comply with their obligations under the Convention as Senators. million disabled American veterans I have received countless letters and who may want to travel abroad, work . . . However, the fact that we have yet to ratify the Disabilities Convention is fre- heard from nearly 300 organizations on abroad, go to another country to study, quently raised by foreign officials, and de- this issue. There is a long list—and I who will as a result of this gain life- flects from what should be center stage: how am not going to read all through those style benefits and accommodations their own record of promoting disability 300—every single major military orga- they otherwise might never have. rights could be improved. nization supports this treaty; the Air Now, 125 nations have already signed She goes on to say: Force Sergeants Association, the Air this treaty and are living by it. We Though I take great pride in the U.S. Force Women Officers Association, the have not. We were the principal archi- record, it is frankly difficult to make best American GI Forum, the Blinded Vet- tect. Our laws are the model. But once use of the ‘bully pulpit’ to challenge disabil- erans Association, the Division for again the United States has been hold- ities rights violations on behalf of Ameri- Early Childhood of the Council for Ex- ing back while other countries fill the cans with disabilities and others when we ceptional Children Disabled American have not ratified the Convention. vacuum we have left behind. Veterans, the Military Officers Asso- I wish to share with my colleagues a America’s history—all of its his- ciation of America, the National Guard statement by Senator Bob Dole, who tory—has been marked by the long Association of the United States, the was as deeply committed to this cause struggle for equality. It is a struggle National Military Family Association, as Senator Ted Kennedy, and he was that ought to inspire all of us to fight Paralyzed Veterans of America, and committed to the original Americans on behalf of many others whose voices then a long list, Veterans for Common with Disabilities Act. Senator Dole too often are ignored or forgotten. Sense, Veterans of Foreign Wars, Vet- today, as we know, is in Bethesda Hos- Maybe the movie about Lincoln today erans of Modern Warfare, Vietnam Vet- pital. I do not know if he is listening at would really rekindle in a lot of Ameri- erans of America, countless other this time. I met with him not so many cans that best sense of what is worth faith-based associations, the Methodist months ago. We talked about this and fighting for and what is worth achiev- General Board of Church and Society, other issues. He is a great patriot. He ing in public life. the United Church of Christ. You could was a great leader here in the Senate. For me, that vision of fighting for run through a huge number of faith- I think his words ought to be listened those people whose views are ignored based organizations, a huge number of to by our colleagues. Here is what he or forgotten means having and holding human rights and rights organizations says: on to a vision of a society that really from all over our country. I urge Sen- It was an exceptional group that I joined works for the common good, where in- during World War II, which no one joins by ators to check with the rights organi- dividual rights and freedoms are con- zations and others in their own States. personal choice. It is a group that neither re- nected to our responsibilities to each spects nor discriminates by age, sex, wealth, Almost every State in the Union—the education, skin color, religious beliefs, polit- other. All Americans have an inherent Kentucky Protection and Advocacy As- ical party, power or prestige. That group, right to be treated as equal citizens of sociation, the Michigan Protection and Americans with disabilities, has grown in our Nation. But the historic march to- Advocacy Services. You could run a size ever since. So, therefore, has the impor- ward a better, fairer America can only long list of people who believe the time tance of maintaining access for people with come about if we are willing to make has come. disabilities to mainstream American life, those less fortunate than ourselves the I would ask unanimous consent that whether it’s access to a job, or education, or focus of our work. And this is a march the full list of these supporters be registering to vote. that goes on for all of us, and it must Senator Dole went on to say: printed in the RECORD. go on because without it nothing There being no objection, the mate- U.S. ratification of the [Convention on the changes. Rights of Persons with Disabilities] will im- rial was ordered to be printed in the One thing is clear: The disabilities RECORD, as follows: prove physical, technological and commu- convention is not an issue that pits Re- nication access outside the U.S., thereby USICD SUPPORT LIST publicans against Democrats—Senator helping to ensure that Americans—particu- Ability Chicago. larly, many thousands of disabled American LUGAR is here, Senator MCCAIN, and Access Alaska Inc. veterans—have equal opportunities to live, others—nor is it an issue that should Access Living. work, and travel abroad. divide us along any partisan lines. The Access, Inc.

VerDate Mar 15 2010 00:30 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.033 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6925 ACCSES. Center on Disability and Community In- Higher Education Consortium for Special Actionplay. clusion. Education. ADAPT Delawarenb. Challenged Conquistadors, Inc. Human Rights Watch. Alliance Center for Independence. Check and Connect Program—Central IDEA Infant Toddler Coordinators Associa- American Academy of Child and Adoles- Lakes College. tion. cent Psychiatry. Citizens for Patient Safety. Independent Living, Inc. Advocating 4 Kids LLC. Community Access Project Somerville. Independent Living Center of the Hudson American Academy of Pediatrics. Community Access Unlimited. Valley, Inc. American Association for Geriatric Psy- Community Alliance for the Ethical Treat- Independent Living Center of the North chiatry. ment of Youth. Shore & Cape Ann, Inc. American Association on Health and Dis- Community Resources for Independent Institute for Community Inclusion: U. MA ability. Living. Boston. American Association on Intellectual and Conference of Educational Administrators Institute for Human Centered Design. Developmental Disabilities. of Schools and Programs for the Deaf Coun- Institute on Human Development and Dis- American Association of People with Dis- cil of Parent Attorneys and Advocates. ability. abilities. Consortium for Citizens with Disabilities. Institute on Disability and Public Policy American Association for Psychosocial Re- Consumer Advisory Committee. (IDPP). habilitation. Council for Exceptional Children. Inter-American Institute on Disability. American Civil Liberties Union. Council of State Administrators of Voca- International Ventilator Users Network. American Council of the Blind. tional Rehabilitation. Iowa Statewide Independent Living Coun- American Counseling Association. CUNY Coalition for Students with Disabil- cil (SILC). American Dance Therapy Association. ities. Johnson County Board of Services. Anti-Defamation League. Daniel Jordan Fiddle Foundation. Joint National Association of Persons with American Diabetes Association. DAWN Center for Independent Living. Disabilities. American Foundation for the Blind. Deaf and Hard of Hearing Alliance. Just Advocacy of Mississippi. American Foundation for Suicide Preven- Deaf Education And Families Project. KEY Consumer Organization, Inc. tion. Delaware Developmental Disabilities KIDZCARE School. American Group Psychotherapy Associa- Council. L.E.A.N. On Us. tion. Delaware Family Voices. Lakeshore Foundation. American Mental Health Counselors Asso- Depression and Bipolar Support Alliance. Lakeside Curative Systems, Inc. ciation. Developmental Disabilities Institute, LINC. American Music Therapy Association. Wayne State University. Little People of America. American Network of Community Options Disability Connection/West Michigan. Living Independence For Everyone (LIFE) and Resources. Disability Help Center. of Mississippi. American Speech-Language-Hearing Asso- Disability Law Center. Long Island Center for Independent Living, ciation. disABILITY LINK. Inc. (LICIL). American Therapeutic Recreation Associa- Disability Partners. Loudon ENDependence. tion. disABILITY Resource Center. Mainstay Solutions LLC. amfAR, the Foundation for AIDS Re- Disability Rights Coalition. Maryland Disability Law Center. search. Disability Rights Education and Defense Massachusetts Down Syndrome Congress. APSE. Fund. Massachusetts Families Organizing for ARC Gateway, Inc. Disability Rights Fund. Change. Arc Northland. Disability Rights International. Medical Whistleblower Advocacy Network. Arc of Lucas county. Disability Rights Legal Center. Medicol Inc. Arizona Bridge to Independent Living disAbility Solutions for Independent Liv- Mental Health Action. (ABIL). ing. Mental Health America. Association for Assistive Technology Act Disabled In Action of Metropolitan NYC. MI Developmental Disabilities Council. Programs. Disabled Rights Action Committee. MindFreedom International. Association of Jewish Family & Children’s Disabled Sports USA. Mobility International USA. Agencies. Division for Early Childhood of the Council Montana Independent Living Project. Association of Programs for Rural Inde- for Exceptional Children. Multiethnic Advocates for Cultural Com- pendent Living. Down Syndrome Association of Snohomish petence, Inc. Association of University Centers on Dis- County. National Alliance on Mental Illness. abilities (AUCD). Down Syndrome Association of West National Association for Children’s Behav- Association on Higher Education & Dis- Michigan. ioral Health. ability. Dream Ahead the Empowerment Initiative. National Association of Councils on Devel- Attention Deficit Disorder Association. Dynamic Independence. opmental Disabilities. Auditory Sciences. East Texas Center for Independent Living. National Association of County Behavioral Autism National Committee. Easter Seals. Health and Developmental Disability Direc- Autistic Self Advocacy Network. ED101 Inc. tors. Autism Speaks. Equal Rights for Persons with Disabilities National Association of Law Students with Bay Area People First. International, Inc. Disabilities (NALSWD). Bay Cove Human Services, Inc. Employment & Community Options. National Association of School Psycholo- Bazelon Center for Mental Health Law. Epilepsy Foundation. gists. Bender Consulting Services, Inc. Family Voices. National Association of Social Workers. Best Buddies International, Inc. Fearless Nation PTSD Support. National Association of State Directors of BlazeSports America. Federal Employees with Disabilities Developmental Disabilities Services. BlueLaw International. (FEDs). National Association of State Directors of Boston Center for Independent Living. FESTAC-USA (Festival of African Arts Special Education. Brain Injury Association of America. and Culture). National Association of State Head Injury Bridge II Sports. FHI n360. Administrators. Bridgewell. Fiesta Christian foundation Inc. National Association of State Mental Burton Blatt Institute at Syracuse Univer- 504 Democratic Club. Health Program Directors. sity. Foundations For Change, PC. National Association of States United for California Association of the Deaf—River- Four Freedoms Forum. Aging and Disabilities. side Chapter. Fox River Industries. National Association of the Deaf. CA State Council on Developmental Dis- FREED Center for Independent Living. National Black Deaf Advocates, Inc. abilities, Area Board 5. Friedman Place. National Center for Environmental Health California Foundation for Independent Liv- G3ict. Strategies. ing Centers. Gallaudet University. National Center for Learning Disabilities. California State Council on Developmental GlobalPartnersUnited. National Coalition for Mental Health Re- Disabilities. Goodwill Industries International. covery. Californians for Disability Rights, Inc. Greater Haverhill Newburyport. National Council on Independent Living. CBM. Handicap International. National Council for Community Behav- Center for Disability Rights. HEAL. ioral Healthcare. Center for Independent Living of South Hearing Loss Association of America. National Disability Rights Network. Florida, Inc. Hearing Loss Association of Los Angeles. National Down Syndrome Congress. Center for Leadership in Disability. Hesperian Health Guides. National Down Syndrome Society.

VerDate Mar 15 2010 00:30 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.050 S27NOPT1 jbell on DSK7SPTVN1PROD with S6926 CONGRESSIONAL RECORD — SENATE November 27, 2012 National Dysautonomia Research Founda- The Arc of Fort Bend County. countries signed on to this treaty to tion. The Arc of Greater Pittsburgh. try to reach the American gold stand- National Federation of the Blind. The Arc of Illinois. ard. Each of these episodes that denies The Arc of Iowa. National Federation of Families for Chil- people those opportunities takes a lit- dren’s Mental Health. The Arc of Massachusetts. National Health Law Program. The Arc of Northern Virginia. tle piece of our humanity. National Minority AIDS Council. The Arc of Opportunity in North Central I think our identity, I think our National MS Society—Ohio Chapters. Massachusetts. exceptionalism is personally on the National MS Society, Pacific South Coast The Arc of the US. line in this vote. I know some have said Chapter. The Arc of Virginia. we don’t need this treaty. Some have National Multiple Sclerosis Society. The Arc of Toombs County. even argued it requires a change in law National Multiple Sclerosis Society, Na- The Arc Western Wayne. The California Institute for Mental Health. when it doesn’t require any change in tional Capital Chapter. the law. National Rehabilitation Association. The Center for Rights of Parents with Dis- New York State Independent Living Coun- abilities. To paraphrase Senator Moynihan, cil. The Jewish Federations of North America. who reminded us often, everybody is Next Step. The Joseph P. Kennedy, Jr. Foundation. entitled to his or her opinion, but you NHMH—No Health without Mental Health. The National Council on Independent Liv- are not entitled to your own facts, I Noble County ARC, Inc. ing. simply say to my colleagues, there are Northeast Arc. The National Center of The Blind Illinois. basic facts with respect to this treaty, The Starkloff Disability Institute. Not Dead Yet. and we will argue them over the course Ohio Association of County Boards Serving Three Rivers Center for Independent Liv- People with Developmental Disabilities. ing. of the next hour and perhaps days. Ohio Statewide Independent Living Coun- Topeka Independent Living Resource Cen- I want to share the most important cil. ter. facts right upfront. I said this earlier, Ohio Valley Goodwill Industries. Touchpoint Group, LLC. and I am going to repeat it. This trea- Oklahoma Association of Centers for Inde- Tourette Syndrome Association. ty—I hope we won’t hear this debate on pendent Living. Treatment Communities of America. the floor of the Senate, because the Optimal Beginnings, LLC. Tri Count4y ILC. Tri-County Association of the Deaf, Inc. text, the legal and documentary text of Osteogenesis Imperfecta Foundation. the report language and the treaty and PA Mental Health Consumers’ Association. Twin Ports Post Polio Network. Paralyzed Veterans of America. United Cerebral Palsy. the transmittal language and the inter- Parent to Parent of NYS. United Spinal Association. pretations of the Justice Department Parent to Parent USA. U.S. Business Leadership Network. all make it clear, this treaty does not Peer Assistance Services, Inc. U.S. International Council on Disabilities. require any change in American law. Peppermint Ridge. Utah Assistive Technology Foundation. None. Testimony from everybody, in- Vermont Center for Independent Living. Perkins. cluding former Republican Attorney PhilanthropyNow. Vermont Family Network. Voices of the Heart Inc. General Thornburgh, makes that clear. Pineda Foundation for Youth. In addition to that, to make certain Polio Survivors Association. Whirlwind Wheelchair International. PPI. Women’s Refugee Commission. we address the concerns of our col- Purity Care Investments. WORK, Inc. leagues so that we reinforce that no- PXE International. World Institute on Disability. tion, the Foreign Relations Committee Raising Special Kids. Wyoming Institute for Disabilities. included additional, multiple reserva- REACH Resource Centers On Independent Mr. KERRY. Mr. President, across tions, understandings, and declarations Living. the developing world, persons with dis- in the resolution of advice and consent, Recovery Empowerment Network. abilities face remarkable indignities including one that ensures that the Rehabilitation International. and prejudice on a daily basis. They are treaty cannot be relied on as a cause of RESNA. prevented from attending schools, they Rolling Start Inc. action in State or Federal courts. Rose F. Kennedy University Center for Ex- are subject to discriminatory hiring When we ratify this, we will ratify it cellence in Developmental Disabilities. practices, they are often unable to with a clear understanding that there Sandhills Post-Polio Health Group. enter a public building, unable to safe- is no right of action in America’s State Schizophrenia and Related Disorders Alli- ly cross a street, unable to even ride a or Federal courts. ance of America. public bus. There are an estimated 650 We have also heard the argument School Social Work Association of Amer- million people in the world today who that the convention could somehow ica. live with a disability. Some 36 million Self Advocacy Council of Northern Illinois. change U.S. domestic law with respect Sindh Disabled Development Society. of our fellow Americans are disabled, to abortion. Again, let me make it as SoCal APSE. and veterans are filing disability clear as I know how: This is absolutely, Social Assistance and Rehabilitation for claims at an unprecedented level. positively, factually inaccurate. The the Physically Vulnerable (SARPV). There is a challenge in these statistics, convention does not mandate or pro- Socio Economic Development Alliance and it is a challenge to the decency and hibit any particular medical procedure, (SEDA). humanity of every Member of the Sen- heart surgery, brain surgery, abortion, Southeast Alaska Independent Living. ate. or anything else, and we made that SPEAK Consulting LLC. Special Needs Advocacy Network. When a disabled child in a developing crystal clear in the understandings of Special Olympics. country is killed at birth because of ratification. Spina Bifida Association. their disability, that is a challenge to What it does require is something Statewide Independent Living Council. every single one of us, as Americans very simple. It requires that govern- TASH. and as citizens of the world. ments do not discriminate against the Team of Advocates for Special Kids When a pervasive cultural stereotype disabled in anything that they do allow (TASK). forces disabled people to abandon their or prohibit. If you allow a procedure, Teacher Education Division of the Council dreams and toil away in crushing pov- you must allow it for the disabled and for Exceptional Children. Tennessee Disability Coalition. erty, it should offend the sensibilities the nondisabled alike. If you prohibit a Tri-State Downs Syndrome Society. of everybody in the Senate, and we procedure, you must prohibit it for the The Ability Center of Greater Toledo. have a chance to do something about disabled and the nondisabled alike. The Arc-Jefferson, Clear Creek & Gilpin that. When our wounded warriors are That is all this treaty does, but it is Counties. prevented from living, working, study- powerful and critical to those millions The Arc Arapahoe & Douglas. ing, or traveling abroad because of a of people who are discriminated The Arc California. lack of basic physical access, that vio- against otherwise. The Foreign Rela- The Arc Cedar Valley. lates our sacred oath. The Arc Michigan. tions Committee included language in The Arc Noble County Foundation. I urge my colleagues to go to the re- the resolution of advice and consent to The Arc of Bristol County. port and read the testimony of people clarify what I just said. The Arc of Colorado. who have talked about how things have Some have also tried to make the ar- The Arc of Dickinson. changed in certain countries because gument that the disabilities committee

VerDate Mar 15 2010 00:55 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.050 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6927 created by this treaty—there is a com- the ability to change life for people in that Members of Congress need to work mittee that is created—is somehow many other countries, and that is what not just on their side but side by side. going to intrude on the lives of Ameri- America is about. It is the only way we can fully com- cans. Again, our good President John John Lancaster closed out his testi- plete our constitutional duties. It is Adams once said that facts are stub- mony saying: the only way—in a divided country, at born things. Well, they are stubborn, From a veteran perspective, I think we a time of heightened partisan ten- they don’t go away. The facts are that have much to gain from the improved acces- sions—that ideology will yield to com- this treaty, in this committee that it sibility of the world. Today some disabled mon sense. And it is the only way that creates, has no power, except to make soldiers and Marines remain on active duty we will approve the disabilities conven- in spite of their disability, continuing to a report to put people on notice so they serve their country. These servicemembers tion and live out the truth behind can then consider what they might should be afforded the same rights outside those timeless and inimitable words: want to do. It doesn’t require any ac- the United States as they enjoy here. For a that all of us are created equal. tion, it doesn’t compel any action, it disabled veteran working abroad, the adop- I yield to the Senator from Indiana. has no authority to do so. It simply tion of disability rights and implementation The PRESIDING OFFICER. The Sen- sheds the light of day on what may or of disability laws allows them to do their ator from Indiana. may not be happening somewhere so jobs more effectively and reaffirms what Mr. LUGAR. Mr. President, the they served for: liberty and the opportunity chairman of our committee, the distin- people can then nudge and push and to participate. guished Senator from Massachusetts, jawbone and use the pressure of public He closed by saying we have a moral scrutiny to hopefully change behavior. has expressed the case well and strong- obligation to one another to serve our ly. Let me say in simplicity that as we By terms of the treaty, this com- great country and to show what we rep- mittee has exceedingly limited powers. enjoyed hearing of the rights of persons resent to all mankind. with disabilities, we have learned that It can simply accept and review a coun- When he returned from Vietnam, essentially the United States has an try report and make a recommenda- John struggled for years with environ- opportunity for leadership for an ex- tion. That is it—that recommenda- mental obstacles, employment dis- pression of our idealism with regard to tion—nothing else. crimination. I think we owe it to him the care and treatment and concern for The fact is, here in the United States and to millions of Americans facing a disabled persons in our country and the we are blessed because we already live similar plight today to fulfill our con- world. up to the principles of this treaty. Our stitutional responsibilities and get the If we ratify this treaty, we will join laws, including the ADA, are more job done. than sufficient to compel compliance When George H.W. Bush signed the with other nations who meet annually with this treaty from day one. That is Americans with Disabilities Act into and will receive every 4 years reports why nothing is going to change here at law, he did so with the hope that it was from the various countries that are in- home except for those people with dis- going to foster full and equal access to volved as to the progress they have abilities who can turn to their family civic, economic, and social life for peo- made. They compare notes. They learn and say, you know, I can go take that ple with disabilities in America. Sen- really how the disabled are treated. job over here or I can travel over there ator Kennedy, who played an impor- Our belief is that we are the gold or I could go study over there, because tant role, said, ‘‘This act has the po- standard and that there are many the standards are going to rise and peo- tential to become one of the great civil countries that would like to know ple will be able to do that. rights laws of our generation . . . It is technically how people are treated in For decades, I am proud to say, the a bill of rights for the disabled, and the United States and what sort of in- world has looked to the United States America will be a better and fairer na- vestment would be required in those as a leader on disability rights, and it tion because of it.’’ countries. is hard to believe that actually some That was the spirit that animated Having said that, we should also say, people are now beginning to question the passage of the ADA, and it is the very frankly, that the committee or our resolve on something that we were same spirit that has inspired a bipar- this governing aspect has no ability the leader on. That is disappointing, I tisan group of Senators to work tire- whatsoever to create law—either State, think, to everybody who has been af- lessly to pass this convention. local, or Federal—in the United States filiated with this effort over the years. For far too long persons with disabil- of America or to compel Americans to Let me quote John Lancaster. John ities have been left in the shadows or do anything, literally. So we have an is a disabled Vietnam veteran who tes- left to fend for themselves. We must re- opportunity to be advocates of our tified in support of this treaty and who solve again as Senators and as citizens idealism, and we have an opportunity challenged us all to do the right thing. to fight for our principles. It isn’t a to listen to others and perhaps to gain His words are stark and simple. He question of time. It is a question of pri- new insight in this body about how, said: orities—a question of willpower, not along with our fellows in the House, to proceed. I think that is very impor- As someone who volunteered and laid my capacity. This treaty reflects our high- life on the line for freedom, rights, dignity est ideals as a nation, and now is the tant. . . . now to have this whole debate that we’re time to act. Now, having said all that, I would say not willing to espouse [the Disabilities Con- In closing, I say to colleagues: When that likewise the committee did under- vention] to the rest of the world? That we’re there is an opportunity for change, stand there are considerable anxieties not willing to walk the talk in international America must be there to help—to in our country about this situation. I circles? To step up to the forum and advo- keep faith, and to use our voice to sup- would say it is conceivable the debate cate . . . We aspire to what’s in this Conven- port those who are striving for reform. we have today will illustrate that some tion. That is what we are about as a nation: Members of our body have valid con- including people, giving them freedom, giv- This really is one of those moments ing them rights, giving them the oppor- the Senate was intended to live up to— cerns about the convention. I think it tunity to work, to learn, to participate. Isn’t and it demands leadership and a will- is clear that we will cite again and that what we are about? Isn’t that what we ingness to find the common ground. again our domestic legislation, such as want the rest of the world to be about? Well, If discrimination against persons the ADA and the IDEA, which con- if we aren’t willing to say that is a good with disabilities is to stop—and it stitutes the most comprehensive and thing and to say it formally, what are we must—then we must stop it. We all effective standards to advance the about? know that restoring the full measure of rights and provide equal opportunities That is a powerful statement from a rights to persons with disabilities is for individuals with disabilities. man who served his country. not just a lofty goal. It’s a core value One of the arguments by the adminis- The Convention on the Rights of Per- here at home and an imperative tration in support of Senate ratifica- sons with Disabilities is more than a abroad. But it is not enough to know tion is that by becoming a member we piece of paper. It is not an empty prom- how things ought to be. Our job is to will be able to increase our global ise. It is a reflection of our values as a ask how we can make them so. credibility. It is argued this increased nation. It is a lever, it is an inspira- After all, if the American people said credibility with other countries will be tion, it is a diplomatic tool. It creates anything in this election year, it is beneficial in exporting and promoting

VerDate Mar 15 2010 00:57 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.036 S27NOPT1 jbell on DSK7SPTVN1PROD with S6928 CONGRESSIONAL RECORD — SENATE November 27, 2012 standards. The executive branch also ard as set forth in article 7 of the con- reaching all forms of government ac- argued that when officials have bilat- vention, including whether the ratifi- tivity as well as significant areas of eral conversations advising other gov- cation of the convention by the United nongovernment activity. Individual ernments about improving standards States could negatively impact paren- privacy and freedom from government for their disabled citizens, officials tal rights with respect to disabled chil- interference in certain private conduct often question why the United States dren, including parents who opt for is also recognized as being among fun- is not a party now to the convention. home schooling of disabled children. damental values of our free and demo- Opponents of the convention have ar- The Department of Justice testified cratic society. gued we should only accede to the con- unequivocally that parental rights The United States understands that vention if it advances the national in- would not be hindered in any way. by its terms the convention can be read terest of the United States, especially In response to written questions for to require broad regulation of private in an area where the United States is a the record, Senior Counselor to the As- conduct. To the extent it does, the global leader. sistant Attorney General for Civil United States of America does not ac- There have been questions raised re- Rights, Eve Hill, stated: cept any obligation—any obligation— garding the binding nature of the con- In light of the Federalism and private con- under the convention to enact legisla- vention. The response has been that duct reservations, among others, there would tion or take other measures with re- the convention is nonbinding, and the be no change to Federal, State or local law spect to private conduct except as committee formed by the treaty has no regarding the ability of parents in the mandated by the Constitution and laws compulsory authority. This also ad- United States to make decisions about how of the United States of America. dresses the concerns of opponents who to raise or educate their children as a result I would mention, in addition to pro- of ratification. have cited instances of overreach by posed reservations of the administra- such committees established by human Mention has been made by the chair- tion adopted by the committee, there rights treaties in the past. man about article 25 of the convention. were numerous proposed under- Most major veterans groups, as has The state parties recognize that indi- standings all of which were adopted by been cited, and disability rights groups viduals with disabilities have the same the committee. They protect essen- have all written in support and, as a right as others to enjoyment of the tially the first amendment of the matter of fact, turned out by the hun- highest attainable standards held. United States, economic, social, and dreds for the hearings and the markup They must be offered the same range, cultural rights in our country, equal of this legislation in the Senate For- quality, and standard of care that is employment opportunity, uniformed eign Relations Committee. As I indi- available to other persons in their employees of the United States, mili- cated, it would be very important from countries. Health care professionals tary departments, and definition of dis- the perspective of making the world a must provide care on the same basis ability. In other words, U.S. law, State more accessible place for U.S. citizens, they would provide if the individual and local government law apply in all including disabled citizens and vet- seeking care did not have a disability. of these cases without exception and erans who are disabled. And improving Article 25 also prohibits discrimination cannot be countermanded by anything a global standard for all segments of based on disability related to the provi- with regard to this treaty. Likewise, the disabled community should be our sions of health and life insurance. there have been proposed declarations goal. Although accession to the treaty The convention does not provide any offered by the State Department, and will not instantly achieve that goal, it additional or different rights on mat- these were adopted by the committee. may provide another avenue through ters of abortion. It also provides that I would simply say, Mr. President, which we might achieve the goal. people with disabilities not be treated without reiterating each of the res- I want to mention specifically now any differently than others. Existing ervations, they all attempt to meet some technical aspects of our com- U.S. rules on abortion would still apply any conceivable objection or question mittee consideration. Article 34 of the to U.S. citizens. raised by citizens of the United States convention creates the committee we The administration has rec- who have testified, who have written to have talked about—the committee on ommended the Senate include certain the committee, or Members of this the rights of persons and disabilities. It reservations, declarations, and under- body who have visited with members of consists of 18 persons, elected by state standings in any resolution of advice the committee as we were preparing for parties to the convention, and they are and consent. The administration has this obligation today. This is a treaty, required to submit periodic reports to stated, with the following reservations, in essence, that states our idealism. We the committee concerning measures understandings, and declarations; that would be a part of an organization in taken to give effect to the obligations the United States would be able to im- which we have a forum to do that. We under the convention and the progress plement its obligations under the con- are under no obligation to adopt any of made in that regard. The convention vention using its vast existing network the suggestions of the other committee provides the committee shall make of laws affording protection to persons members, although we will listen re- such suggestions and general rec- with disabilities. Therefore—and I spectfully to them. ommendations on the report as it may stress this—no new legislation would As a matter of fact, the treaty is im- consider appropriate and shall forward be required to ratify and implement portant because we have such a gold those to the state party concerned. The the convention. standard that others have simply committee recommendations are advi- I shall not go through all the details raised the question: Why are you not a sory only and are not binding on the of the reservations, but they do specifi- part of a picture that might make this sate parties, including the United cally mention federalism: The conven- available, thoughtfully, to the rest of States of America. tion shall be implemented by the Fed- the world? And there is no good answer Now, the United States has recog- eral Government of the United States to that if in fact we espouse these nized the rights of individuals with dis- of America to the extent it exercises ideals with regard to all of humanity abilities through constitutional and the legislative and judicial jurisdiction and hope they might be adopted by statutory protections—the Americans over the matters covered therein and others. But, specifically, and one rea- with Disabilities Act of 1990, which has otherwise by the State and local gov- son veterans organizations and other been cited. As such, many of the gen- ernments to the extent that State and organizations trying to help the dis- eral requirements of the convention for local governments exercise jurisdiction abled in our country advocate this protection of disability rights already over such matters. treaty is that we would like to see im- exist in Federal law. The provisions of I would say, secondly, there is non- provement in other countries. the convention can be grouped gen- regulation of certain private conduct. Sometimes our warfighters, as a mat- erally into the following categories: This is a reservation suggested by the ter of fact, are forced by all sorts of Accessibility, education, equality, em- administration, adopted by the com- conditions to live in other countries. ployment, and health. mittee. The Constitution and laws of We hope they are receiving proper Now, the committee closely reviewed the United States establish extensive treatment, the best treatment. As a the ‘‘best interest of the child’’ stand- protection against discrimination, matter of fact, if they have any sort of

VerDate Mar 15 2010 00:57 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.040 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6929 life in those countries, we hope there is Mark McCabe was in Africa, South frivolous charges continue, if he con- improvement for them. We hope, as Sudan, with business partners pursuing tinues to be held against his will, I they come back to America and then business opportunities, doing every- promise I will make those statements find it necessary to travel abroad again thing by the book, legally, ethically, to the South Sudanese Ambassador for any number of purposes, that the and apparently, for reasons we don’t ring true. I promise I will follow up and treatment for their disabilities will be yet fully understand, business competi- take action because this is absolutely there and, hopefully, of the same qual- tors or business enemies of his had outrageous. ity. We need to be advocates of this some sway with South Sudanese offi- I know we all join to pray for justice, convention, advocates for our veterans cials in a particular portion of the gov- to pray for Mr. McCabe’s safekeeping. and for other Americans who have dis- ernment with the security force, and He has a serious heart condition. Indi- abilities. he was taken into custody. He was cations are that he actually suffered a So for these reasons, Mr. President, I charged with vague, very serious mild heart attack while in the custody am grateful to the majority leader for crimes and has been held against his of South Sudanese officials. So we pray bringing this legislation to the floor at will for these many weeks. I won’t go for him, and we very much expect and this time. We are very hopeful that at into all the details, but it has been a look forward to his quick return to his least the bipartisan debate we had in long torturous experience. home in the United States. our committee and the strong vote for I have been on the phone constantly, Mr. President, I yield the floor. ratification will find at least some res- virtually every day, with State Depart- Mr. LUGAR. Mr. President, I suggest onance in this overall debate in the ment officials, with the South Suda- the absence of a quorum. Senate. nese Ambassador to the United States, The PRESIDING OFFICER (Mrs. It has been a privilege on my part to with others, trying to demand basic SHAHEEN). The clerk will call the roll. work with our leader and to have had due process and basic justice. The bill clerk proceeded to call the an excellent set of hearings and to have Things have gotten a little better in roll. enjoyed the comments of our veterans. the last week, and a few days ago there The PRESIDING OFFICER. The Sen- There are many in this body who have was a hearing before a judge regarding ator from Iowa. served this country in the military these trumped-up charges. When the Mr. HARKIN. I ask unanimous con- services. They have distinguished prosecution had basically no facts and sent that the order for the quorum call records. I had only a modest 3 years no evidence to present, the judge vir- be rescinded. and 4 months of Active Duty after vol- tually laughed in their face with regard The PRESIDING OFFICER. Without unteering for the Navy, but that was to this lack of a case. Nonetheless, the objection, it is so ordered. sufficient for me to learn what was im- prosecution asked for 3 more days to Mr. HARKIN. Madam President, I portant for those with whom I was get its house in order, to get its notes rise to support the ratification of the serving and those in veterans organiza- in order, possibly just to try to save U.N. Convention on Rights of Persons tions, such as the American Legion, face by dropping these trumped-up with Disabilities or, as it is known, the headquartered in Indianapolis, IN, charges against Mr. McCabe rather CRPD. about what is vital to the quality of than having them thrown out against First, I wish to thank Chairman life for those constituents. their will by the judge. We hope that is KERRY of the Senate Foreign Relations So I am hopeful we will have success the case, we pray that is the case, but Committee for his diligence and for his in this effort tonight. we don’t know yet. leadership on this issue. He has carried I yield the floor. The next hearing before this same it through the committee; he has Mr. KERRY. Mr. President, I thank judge is going to be this Thursday. So brought it to the floor. In fact, I was the Senator from Indiana, not just for I come to the Senate floor to urge that reminded earlier today, we were both his comments now but for his many judge and the South Sudanese Govern- on the committee back in the 1980s years of leadership on these issues and ment to do the right thing, to do jus- when we first started working on the for his wonderful partnership in all of tice and immediately release Mark Americans with Disabilities Act under this. I will have more to say about that McCabe, who, again, has been held the tutelage, really, of Senator Lowell as the days go on, but we are going to against his will, with no evidence, with Weicker, who remains a great friend to miss his vision and wisdom over the no meaningful charges against him, this day and is still a great leader on course of the years. the issues of people with disabilities. Mr. KERRY. Mr. President, I suggest since October 14. I want to repeat what I said directly So we go back that far working to- the absence of a quorum and ask that to the South Sudanese Ambassador to gether on these issues. the time be equally divided under the the United States. For many years we I thank Senator KERRY for his great quorum call. I would hope colleagues have built a strong, positive, bilateral leadership in bringing us to this point would come to the floor and use the relationship, but that relationship de- and, hopefully, the point being that we time as they desire. The PRESIDING OFFICER. Without pends on appropriate trust between the are going to ratify this wonderful trea- objection, it is so ordered. parties and appropriate action. And we ty. The clerk will call the roll. are looking at this case very seriously. I thank Senator LUGAR again for all The assistant legislative clerk pro- We are looking at this case as a test of of his efforts through so many years on ceeded to call the roll. their judicial system, as a test of their so many different issues, and on this Mr. LUGAR. Mr. President, I ask appropriate intentions. If this com- issue especially, going back to the be- unanimous consent that the order for pletely unjustified detention con- ginning of the Americans with Disabil- the quorum call be rescinded. tinues, I vow that I will personally ities Act. If I might divert from this The PRESIDING OFFICER. Without make sure there are consequences and just for one brief moment to thank objection, it is so ordered. repercussions to that relationship be- Senator LUGAR for his leadership in Mr. LUGAR. I would like to recog- cause there should be. They have vio- making the world safer by getting rid nize Senator VITTER on our side. lated basic fundamental legal and of nuclear weapons in the Soviet The PRESIDING OFFICER. The Sen- human rights of U.S. citizens. Union. What a singular effort that has ator from Louisiana. I am hopeful based on what happened been. Senator LUGAR has done much to DETENTION OF ELTON ‘‘MARK’’ MCCABE in South Sudan a few days ago, but, to make the world a better place for us Mr. VITTER. Mr. President, I rise to quote President Ronald Reagan, trust and for our kids and grandkids. So I sa- note grave concern on behalf of a con- but verify. And we are going to verify lute him for his wonderful leadership in stituent of mine and his family. Elton one way or the other come Thursday. that area. ‘‘Mark’’ McCabe, a businessman from The matter is very simple: Even Senator MCCAIN, of course, was here Slidell, LA, has been held against his though Mark McCabe has been held and worked with us on the Americans will in the custody of South Sudanese against his will for weeks and weeks, with Disabilities Act back in 1989 and officials since October 14—for several finally, at this late date, we fully ex- 1990. He was very much involved in it; weeks now, going on a month, through pect this sorry state of affairs to end Senator DURBIN, Senator BARRASSO, Thanksgiving. on Thursday. And if these trumped-up, Senator MORAN, Senator UDALL, and

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So, again, I am very grateful for the be at the table helping them to imple- As the chairman of the Committee on leadership of Senator KERRY, Senator ment this treaty and to learn from our Health, Education, Labor and Pensions MCCAIN, as well as Senator Dole, who I experience. and as the lead Senate author of the know is not able to be with us right The administration has submitted Americans with Disabilities Act, I now, but I thank them for all of their reservations, understandings, and dec- want the United States to become a support for the ratification of the larations that make clear that U.S. party to this convention so we can CRPD. I also appreciate that former ratification will not require any apply the expertise we have developed President George H.W. Bush, his White change in U.S. law and will have no fis- under the ADA and help the rest of the House Counsel Boyden Gray, Attorney cal impact. The Senate Foreign Rela- world remove barriers to full participa- General Dick Thornburg, former Con- tions Committee has modified these tion and to honor the human rights of gressman Steve Bartlett, and Tony reservations, understandings, and dec- citizens with disabilities. One of my Coelho have all been actively sup- larations to address concerns that were greatest joys in the Senate has been porting this ratification. raised in the committee markup. I am also grateful for the support my work with so many Senators on the Although U.S. ratification of the from the U.S. business community, in- Americans with Disabilities Act of CRPD will not require changes in U.S. cluding, clearly, the U.S. Chamber of 1990. law and will not have a fiscal impact, I Commerce and the Information Tech- The ADA stands for a simple propo- think it is very clear that U.S. ratifica- nology Industry Council for ratifica- sition: that disability is a natural part tion will have a clear moral impact. It tion of this treaty. Because of their ex- of the human experience and that all will send a signal to the rest of the perience with the ADA, American busi- people with disabilities have an inher- world that it is not OK to leave a baby nesses have developed expertise they ent right to make choices to pursue with Down Syndrome on the side of the can apply in the global marketplace in meaningful careers and to participate road to die, it is not OK to warehouse a way that gives them a competitive fully in all aspects of society. So adults with intellectual and psy- advantage. If we are a party to the con- thanks to the ADA, our country is a chiatric disabilities in institutions, vention, the U.S.-based companies with more welcoming place not just for peo- chained to the bars of a cell, when this expertise will be on much more ple with a variety of disabilities but for their only ‘‘crime’’ is having a dis- solid footing when they are seeking to everyone. ability, it is not OK to refuse to edu- help other countries write and imple- Twenty-two years ago, on July 26, cate children because they are blind, ment domestic legislation consistent 1990, President Bush gathered hundreds deaf, or use a wheelchair, it is not OK with the convention and consistent of Americans with disabilities on the to prevent disabled people from voting, with U.S. standards for accessibility White House lawn for the ADA signing getting married, owning property, or and equal opportunity. ceremony, and here is what he said. It having children, it is not OK to rebuild is wonderful. Like the Americans with Disabilities Act, the CRPD enjoys widespread sup- infrastructures in Iraq or Afghanistan This historic act is the world’s first com- or Haiti or other war-torn or disaster- prehensive declaration of equality for people port in the disability, civil rights, busi- with disabilities—the first. Its passage has ness, veterans, and faith-based commu- stricken areas without improving the made the United States the international nities. I could be off a little bit, but as accessibility of the infrastructure at leader on this human rights issue. of the writing of this statement we the same time. Well, thanks to the ADA and other have letters of support from more than Former President Reagan frequently U.S. laws, America is showing the rest 250 American disability organizations, talked about America as a city on a of the world how to honor the basic 21 veterans service organizations—and hill, a shining example for the world of human rights of children and adults I caught some of the comments made a nation that ensures opportunity and with disabilities, how to integrate by our distinguished chairman, Sen- freedom for all its people. Thanks to them into society, how to remove bar- ator KERRY, in talking about veterans our country’s success in implementing riers to their full participation in ac- and our wounded warriors as they trav- the ADA, advancing that law’s great tivities that most Americans just take el around the world and being able to goals of full inclusion and full partici- for granted. access in other parts of the world what pation, America, indeed, has become a Our support for disability rights in- they can access here in America; a very shining city on a hill for people with spired a global movement that led the good point—and 26 faith organizations disabilities around the globe. By ratify- United Nations to adopt the CRPD. In also in support of the CRPD. These en- ing the CRPD, we can affirm our lead- fact, I might just add parenthetically tities all realize the critical impor- ership in this field. We can give re- that after the Americans with Disabil- tance of America’s position as a global newed impetus to those striving to ities Act was adopted, we had people leader on disability rights. They want emulate us. We can give them that re- from many countries come here. I can our country to have a seat at the table newed impetus by our example and by think of, first, Russia. Then it was and to share that expertise as the sitting down with them and working Greece, Ireland, Great Britain, as well States Parties to the Convention work with them only if we are a signatory to as a number of people from other coun- to implement it around the world. this treaty. tries who came here to learn what we I might add here, under the conven- Again, you think about American had done and then to pick it up and tion a committee will be established to exceptionalism. We are a pretty excep- move forward in their own countries. assist and to help other countries in tional country, when you think about Our legal framework influenced the implementing and changing their laws it, in many ways. We are not just ex- substance of the convention and is in- and conforming. If we are a party to ceptional because we have the most forming its implementation in the 125 this, we get a seat at the table. If we tanks and guns and bombs and things countries, I think, that have ratified it are not a party to it, we will not have such as that, but we are exceptional in along with the European Union. a seat at the table. Why shouldn’t we what we have done in terms of civil My staff was involved in 2002 when have a seat at the table? We have been rights and human rights and to include the U.N. first broached this subject of the world leaders. So by ratifying this all in our family—our family being our coming up with a convention and, in convention, the United States will be citizenship. We took great strides. turn, provided to them the substance of reaffirming our commitment to our America has always been evolving as a the Americans with Disabilities Act, citizens with disabilities. Americans country to expand civil rights and its history, its provisions, and what with disabilities should be able to live human rights, and one of the latest, of had been done from its adoption in 1990 and travel, study and work abroad with course, was to extend those rights to until 2002 and the changes that it had the same freedoms and access they people with disabilities in our society, brought about in our own country. So, enjoy here in this country. Again, as making sure people with disabilities really, I think the Americans with Dis- other countries that have been signato- had all the rights and opportunities abilities Act informed and laid the ries to this treaty grapple with how to that anyone enjoys in our society.

VerDate Mar 15 2010 00:57 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.043 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6931 It seems to me that this is the kind coming into force and effect, the Indi- but so many people who have worked of exceptionalism we ought to be pro- viduals with Disabilities Education so hard to bring this issue to this moting around the globe. We ought to Act, and a child with a disability was point. be proud. We should be proud of what integrated into the classroom. There I have to believe—yes, I know there we have done as a country in this re- was this big hue and cry from a lot of are some Senators who have some gard. We should not be afraid—not be the parents about: Oh, this kid was problems, and I do not question any- afraid—to join in a convention to ex- going to be disruptive. And how are the one’s motives or anything like that. I tend to the rest of the world what we other kids going to learn? think some people do have, maybe, have done here, basically, and to be Well, we got through that. Now we some concerns about this. Hopefully, helpful in making sure that other have a whole generation, what I call through the amending process, we can countries can also attain that kind of a the ADA generation, kids who were allay those concerns. I hope we get re- standard that does not exclude anyone mainstreamed in school, and kids with- sounding—resounding—support for the because of a disability from their soci- out disabilities do not think anything ratification of this treaty and show the ety. about being their friends, going to a world that we are proud of what we I know there were some who were not ball game with them, going to the the- have done, and we want to join with part of the bipartisan vote to support ater with them, working alongside the rest of the world in making sure ratification in the committee. I under- them. So we have this whole new gen- they too can advance and progress and stand that. But my hope is that in the eration where you do not think about have the same kind of support and ac- intervening time, in the course of Sen- it any longer. It is a normal aspect of cessibility and opportunity for people ate debate, we will have addressed any life. with disabilities as we have had in remaining concerns, move forward with That is not so in other countries. In America. Again, I thank my colleague and my a strong bipartisan vote to provide our other countries, it is still, quite frank- classmate and my longtime friend Sen- advice and consent, and pass the reso- ly, a sign of disgrace when a family has ator KERRY for his leadership on this a child with a disability. Well, it is lution supporting U.S. ratification of issue, and I hope we have a resounding, time to get over that. By being a coun- the CRPD with overwhelming bipar- overwhelming vote, just as we did for try signing on to this, we can help tisan support. the Americans with Disabilities Act 22 When we voted on the ADA in 1990, it them in so many ways. It is not just years ago. was a vote where only 6 people in the kids or young people with physical dis- I yield the floor. Senate voted against it—91 to 6. It was abilities; it is people with intellectual The PRESIDING OFFICER. The Sen- a historic law. My hope is we can disabilities. For how long have we ator from Massachusetts. achieve the same kind of strong bipar- looked down on people with Down Syn- Mr. KERRY. Madam President, I tisan statement of support for the drome, for example, and said: Well, thank the Senator from Iowa and I human rights of 1 billion people with they cannot do anything? We segregate want to comment quickly before I disabilities around the world. them in society. We send them to spe- yield the floor to the Senator from As to those of us who travel a lot cial schools. We give them occupations Minnesota. I also have a unanimous around the world—maybe I see it more that do not challenge them. Now we consent request. because of my involvement in this have broken that down. Now so many I heard the Senator pay appropriate issue—I cannot begin to describe how people with intellectual disabilities, we tribute to Senator LUGAR for his ac- often it is people come up and ask us find, can do a lot of things, and they complishments in terms of making the how we can help, help them change so can be challenged. And, yes, they can world safer. I say to my friend, without that people with disabilities can have do competitive employment. They do any question whatsoever in reserve more access, be more involved. Many not need sheltered workshops. They that the accomplishment of the ADA is times I have been to countries where can be in competitive employment, one of those singular moments in the someone comes up and may not know with just a little support and a little career of any U.S. Senator and it made of my involvement in this issue, but training. the world better here at home, and a through the course of conversation— So many things have changed for the lot of other places if we get this done. maybe it is someone in business, better in this country. It would be a The Senator from Iowa helped set that maybe it is someone in government, in shame—be a shame—if all this good we gold standard, so I thank him for that education—they mention this: They have done through all sectors of soci- and for the pleasure—there are only mention accessibility because they ety—the business community, govern- three of us left from our class, so it is have a brother, a sister, a friend, some- ment, transportation, education; all good to stand up with him today, and I one who has a disability, and they talk these things we have done to make appreciate it enormously. about how easy it is for them in Amer- sure people with disabilities are not I ask unanimous consent that the ica to get around, to move around, to discriminated against and they have time for debate only on the treaty be go to school, to do business, and they full opportunities, all the opportunities extended until 6:30 p.m., with the time equally divided as provided under the would hope that maybe their country that anyone else has in our society—it previous order; further, that at 6:30 could do the same. It happens a lot. would be a shame to say that somehow p.m., the majority leader be recog- Here we are, we have the opportunity we are not going to support a conven- nized. to be a key player in this global effort. tion, an international convention that The PRESIDING OFFICER. Without It was important for us as a country basically takes what we have done and objection, it is so ordered. for the first 10 to 20 years to focus on says: Here, world, this is what we I yield to the Senator from Min- our own internal problems in terms of should be doing globally. nesota. advancing the cause of people with dis- To have 125 countries already signed Ms. KLOBUCHAR. I rise to discuss abilities, when you think about all the up to it, and here we are—those who the importance of the Convention on changes that have come about in the took the leadership in this area, every- the Rights of Persons with Disabilities. last 22 years. And now we take a lot of one from the White House to, as I say, I wish to thank Senator KERRY and it for granted in terms of accessibility, the Chamber of Commerce, that was Senator LUGAR for their outstanding mobility, education, health care, job supportive of the ADA, the business leadership on this important treaty, as accessibility. It is just not unusual any community that worked so hard on well as Senator HARKIN, my neighbor longer to walk into a business and see this—it would be a shame if we did not to the south, for all he has done for someone with a physical disability or ratify this and become players in this people with disabilities. an intellectual disability working and have a seat at the table to help the For many years I have served on the there. We kind of do not even think rest of the world attain what we have advisory board of Pacer, which is one about it much anymore. We do not attained in this country. of the Nation’s greatest organizations think about kids with disabilities Again, I thank Senator KERRY and for parents of kids with disabilities, mainstreamed in schools. Senator LUGAR, and so many others, and saw firsthand what so many fami- I remember when our oldest daughter Senator MCCAIN and others—I am prob- lies go through every day, the incred- was in grade school and IDEA was just ably forgetting to mention someone— ible courage and the love they show for

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They are examples that from time to ‘‘happy warrior,’’ Hubert Humphrey, Remember, these inequities do not just time we can engage in a bipartisan ef- the moral test of a government isn’t affect foreign citizens, they affect fort in this body. just how it treats the young, the Americans who are living in those In many countries accessibility to healthy, and the able bodied, it is also countries. public spaces is not available to per- how it treats the sick, the elderly, and So this is what is at stake: pro- sons with disabilities. They are still the disabled—those in need of a little tecting our own citizens when they discriminated against or cast aside in extra support. travel to other countries and extending societies across the globe. Horrifically, That may be the moral test of a gov- the values of equality and justice we so infanticide occurs in many countries ernment, but I believe it is also the cherish in our own country. It is im- where children are born with disabil- moral test of a people and the moral portant to note that ratifying this ities. Protecting the rights of persons test of a country. Today, I call on all treaty will not require any changes to with disabilities, all persons, is not a my colleagues to vote to ratify the U.S. law, nor will it impact American political issue, it is a human issue. Convention on the Rights of Persons sovereignty, nor will it incur costs to Regardless of where in the world a with Disabilities for two simple rea- taxpayers. disabled person strives to live a nor- sons. First of all, ratifying this treaty It has been endorsed by every major mal, independent life, where basic is about protecting the rights of U.S. disabled person’s rights organization, rights and accessibilities are available, citizens who are living with disabilities every major veteran’s service organiza- disability rights and protections have overseas. tion, the Chamber of Commerce, and always been a bipartisan issue. Ratify- Right now, thousands of Americans several Republican and Democratic ad- ing this treaty should be no different. with disabilities, including our men ministrations. Protecting the rights of Senator DURBIN and I and Senator and women in uniform, live, work, the most vulnerable among us is not a KERRY began months ago—with Sen- study, and travel abroad. I believe ator HARKIN, Senator LUGAR, many partisan issue. It is an issue of decency these Americans deserve the same others. We had been discussing months and an issue of dignity. I believe it is rights and protections they would ago how we could work together in a an issue we must all stand behind as enjoy if they were living in the United bipartisan manner and build support Americans. States. This treaty is about ensuring for ratification of the treaty. I urge my colleagues to ratify this those rights and protections. As I mentioned, we have worked treaty and move us forward in advanc- Second, ratifying this treaty is about closely with Senators MORAN, BAR- ing the rights of disabled people around advancing a core moral value we all RASSO, COONS, TOM UDALL, HARKIN, and share as Americans, the idea that all the world. others. I wish to thank them for their people are created equal and that we I yield the floor. support and efforts to get us to this The PRESIDING OFFICER. The Sen- are all endowed by our Creator with point. Senator KERRY deserves special ator from Massachusetts. certain inalienable rights. Our country recognition for scheduling a Foreign Mr. KERRY. Madam President, I has long led the world as a beacon for Relations Committee hearing and a wanted to thank the Senator from Min- equality and human dignity. This trea- markup that favorably reported the nesota so much for taking time to ty would elevate our role in promoting measure out of the committee. I also human rights around the globe. come over. I know she did not intend to wish to thank the majority leader for These are American values, but they earlier, but she cares about the issue scheduling this treaty for consider- are especially near and dear to my and took the time to come and share ation today. heart as a Senator from Minnesota, her thoughts with us. We are very ap- I think my colleagues should appre- where we have a long and proud tradi- preciative. We obviously hope the ciate that this treaty is supported by tion of working to ensure that people Twins do whatever they want, second over 300 disability organizations, at with disabilities have access to the only to the Red Sox in the future. least 21 U.S. military veterans service same basic resources and opportunities I suggest the absence of a quorum. organizations, the U.S. Chamber of as everyone else. After all, it was the The PRESIDING OFFICER. The Commerce, and many other organiza- Minnesota Ramp Project that intro- clerk will call the roll. tions. It is not an accident that lit- duced a new American model for build- The legislative clerk proceeded to erally every veterans organization in ing statewide standardized wheelchair call the roll. this country supports this treaty be- ramps. Mr. MCCAIN. Madam President, I ask cause it is our veterans, many of whom We are the State that sent Paul unanimous consent that the order for are coming home as we speak, who will Wellstone to the Senate, where he the quorum call be rescinded. live and travel abroad and will benefit fought long and hard for mental health The PRESIDING OFFICER. Without from this treaty. parity, something that finally passed objection, it is so ordered. As I have been traveling around the in the Senate and was signed into law Mr. MCCAIN. Madam President, be- world where conflict is ever present, I after he died—but it was signed into fore us for advice and consent is the have seen that so many people will law. We are home to some of the most Convention on the Rights of Persons benefit from the principles embodied in innovative centers for the disabled in with Disabilities, the CRPD. I support the treaty. So I would argue this effort the country, including Pacer, that I al- the treaty and urge my colleagues on is probably more important today in ready mentioned, the Courage Center, both sides of the aisle to support it. the world than it has been in the past. and ARC. In America, I do not believe anyone Another strong supporter of this treaty We even have one of the most acces- considers someone with a disability to is one of my closest friends and heroes, sible baseball stadiums in the country. have any less rights or protections Bob Dole. As you know, Bob has dedi- We are looking forward to a better sea- than people without disabilities. I cated nearly his entire life to this son for the Twins next year, and we are would suggest this reality is partly due country, through his military service so proud of our new stadium and how to our values but also due to bipartisan and, following that, many years in pub- accessible it is for people with disabil- efforts to codify in law that persons lic service. ities. In many foreign countries, not with disabilities are afforded equal ac- He has dedicated the past several even schools and hospitals can meet cess and protection from discrimina- months to encourage support in the these standards for people with disabil- tion. Senate for this treaty. Earlier, I read a ities. When a person is not even able to Over 22 years ago members of both statement from Bob. I would like to get an education or access to health parties came together to pass the mention some parts of the statement. I care they need because of a disability, Americans with Disabilities Act. It is will point out rather poignantly he that is a very big problem. not only the law of the land but it is says: Even more troubling is the fact that the template for the CRPD in countries It was an exceptional group I joined during some foreign countries lack laws for around the world that are moving to World War II, which no one joins by personal

VerDate Mar 15 2010 00:57 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.046 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6933 choice. It is a group that neither respects or hopeful that you will support ratification in the first place, is contrary to the long- discriminates by age, sex, wealth, education, and allow others to benefit from these tri- held position articulated by the Senate—re- skin color, religious beliefs, political party, umphs. Thank you for your leadership. gardless of which party is in control (and in power, prestige. That group, Americans with That is a very moving letter from a spite of whatever theories that may momen- disabilities, has grown in size ever since. So, man who risked his very life, a man tarily exist in academic circles). Administrations of both parties have also therefore, has the importance of maintaining who is blind but still risked his life for access for people with disabilities to main- uniformly held this view. In 1995 the U.S. stream American life, whether it is access to the freedom of others, including rights stated that ‘‘reservations are an essential a job, an education, or registering to vote. in his country for individuals with dis- part of a State’s consent to be bound. They abilities. cannot simply be erased. This reflects the I will not go through Bob Dole’s en- There is a letter we have from former fundamental principle of the law of treaties: tire statement. I would point out there Attorney General Dick Thornburgh obligation is based on consent. A State are still thousands and thousands and and White House Counsel Boyden Gray. which does not consent to a treaty is not thousands of his comrades who came They wrote to the Foreign Relations bound by that treaty. A State which ex- home disabled in some respect—Bob, of pressly withholds its consent from a provi- Committee to address issues being sion cannot be presumed, on the basis of course, in the most painful way. We all raised by opponents, particularly recall, with some nostalgia and appre- some legal fiction, to be bound by it.’’ homeschool advocates who believe pa- Furthermore, the CRPD protects the crit- ciation, that he and our other wonder- rental rights to homeschool or make ical role of the family by specifically recog- NOUYE spent time in ful hero Senator I decisions for their children will be im- nizing the role of parents in raising children the same hospital following World War paired. I take it that my colleague, the with disabilities, and prohibits the dissolu- II going through very difficult periods tion or separation of families because one or Senator from Massachusetts, addressed of rehabilitation, a friendship that was both of the parents are persons with disabil- this aspect of the concerns the forged there that has lasted ever since. ities. Article 23, entitled ‘‘Respect for home homeschoolers have. I can assure you there is nothing Bob and family,’’ provides that ‘‘children with The PRESIDING OFFICER. The Sen- disabilities have equal rights with respect to Dole would want more than to be here ator from Massachusetts. family life,’’ that nations ratifying the trea- on the floor of this Senate delivering Mr. KERRY. If I might just say to ty have an obligation to ‘‘undertake to pro- his own speech before the Senate and my colleague, the resolution actually vide early and comprehensive information, urging colleagues to consider this trea- does address it, but I have not, so I services, and support to children with dis- ty based on facts and on our values think it would be important, if the abilities and their families, and that ‘‘(i)in no case shall a child be separated from par- that ensure, protect, and advance the Senator wishes to address that. rights of persons with disabilities, ents on the basis of a disability of either the Mr. MCCAIN. Here is what they child or one or both of the parents.’’ Finally, whether on U.S. soil or around the wrote, the former Attorney General—I the CRPD will provide much-needed protec- globe where we can make a difference. have been blessed to live and know tion in other countries where there is no pro- I received a letter today from—it is many Attorneys General, but I think vision for birth certificates or birth registra- very difficult for me to pronounce his all of us on both sides of the aisle tion for children with disabilities. In par- name, but I will try—from one indi- would agree that Dick Thornburgh ticular, it will help protect against the hor- vidual, Chen Guangcheng. He is an in- ranks up there at the top. This is what rible practice of infanticide of children born with disabilities—a practice that can be fa- dividual who is a blind Chinese activist they write concerning the issue of who recently came to the United cilitated through the denial of birth certifi- homeschooling: cates or registration to disabled babies. States of America thanks to the efforts Nothing in this treaty prevents parents of many of the leaders in our adminis- Every action we have ever taken on from homeschooling or making decisions for disability policy has been bipartisan. tration, including the Secretary of their children. This treaty embraces IDEA, State. the ADA, and all of the disability non- Being able to live independently is a I wish to quote from his letter. This discrimination legislation that has made the basic human dignity we support, and it is an individual who is blind, who United States a leader on disability rights. is a value we can help advance inter- fought for human rights in his country, The specific provisions on women and chil- nationally by supporting this treaty. dren state that women and children with dis- I would like to say in closing that I in China, and now, thank God, is in the abilities cannot be the victims of illegal dis- thank both of my colleagues, Senator United States of America. His letter crimination—as is the case under U.S. law. LUGAR and Senator KERRY. says: Furthermore, the CRPD recognizes and pro- I think we might think just for a mo- Dear Senators, I am writing you to person- tects the important role of the family and ment, in conclusion, about the fact specifically protects children from being sep- ally ask for your support for the Convention that there are various conflicts going on the Rights of Persons with Disabilities. arated from their parents on the basis of a As you know, my work on civil rights began disability. We take a back seat to no one in on around the world. In Syria, we have with trying to ensure that people with dis- our defense of the rights of parents to raise seen 40,000 killed, and I don’t know how abilities in my home country of China were their children or in our support for our fed- many—100,000, 200,000 who have been afforded the same rights as everyone else. eralist system of government with sov- wounded, many of them innocent The CRPD is making this idea real in signifi- ereignty at both the Federal and State levels women and children, because of the fe- cant ways around the world. Today, world- of government. rocity and barbaric conduct of this wide there are over 1 billion people with dis- Some opponents are also suggesting conflict. I don’t know how many people abilities, and 80 percent of them live in de- that somehow the U.S. law or existing today in China are subject to infan- veloping countries. Disability rights is an parental rights would be impacted by issue that the world cannot afford to over- ticide because there is not a birth cer- look. supporting the treaty. Attorney Gen- tificate available. And we know that When the United States enacted the Amer- eral Thornburgh and White House practice, not only in China but in other icans with Disabilities Act over twenty years Counsel Gray address this as well: parts of the world—a lot of it in Asia— ago, the idea of true equality for people with We understand that some are claiming goes on. We live in a very troubled and disabilities became a reality. Many nations that changes in U.S. law would be necessary turbulent world. Not only will we have have followed in America’s footsteps and to implement the obligations the U.S. will the normal, usual situation—and I now are coming together under shared prin- undertake as a result of ratifying the treaty, mean normal—there are people who are ciples of equality, respect, and dignity for or that the RUDs that the Senate will ap- people with disabilities as entailed in the prove will not have the force of law. Such born with disabilities from time to CRPD. The U.S.—which was instrumental in claims are not correct and, quite simply, ex- time. I have had the honor of knowing negotiating the CRPD—can continue to ad- traordinary. When the U.S. Senate attaches children, as all of us have, and there vance both its principles and issues of prac- conditions to its consent to a treaty, they are no more loving and caring people in tical accessibility for its citizens and all peo- are binding on the President, and the Presi- the world than our children and our ple around the world, and by ratifying the dent cannot proceed to ratify a treaty with- citizens who have disabilities. There treaty, so take its rightful place of leader- out giving them effect. The Senate has a are going to be a lot more because of ship in the arena of human rights. long tradition of careful consideration and the conflicts that are going on in var- As I continue my studies in the United frequent adoption of limited RUDs, as is the States, it is a great pleasure to now learn case here. Any claims that such limited con- ious places in the world. They might firsthand how the U.S. developed such a com- ditions do not have the force of law, or are deserve our special attention because prehensive and strong system of protection inconsistent with the object and purpose of a they are living in countries that will for its citizens with disabilities. I am so treaty on disabilities that U.S. laws inspired have a lot less of the rule of law, a lot

VerDate Mar 15 2010 00:57 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.047 S27NOPT1 jbell on DSK7SPTVN1PROD with S6934 CONGRESSIONAL RECORD — SENATE November 27, 2012 less ability to care for them, particu- Madam President, I yield the floor. his testimony, his courage, his elo- larly in the short term. Whether it be Mr. KERRY. Madam President. quence, and his mention of those on Libya, whether it be Syria, whether it The PRESIDING OFFICER. The Sen- our side of the aisle who have histori- be Iraq, or whether it be Afghanistan, ator from Massachusetts. cally fought for the disabled. That is a all of these countries, we are going to Mr. KERRY. Madam President, I very important fact today, and his have citizens who have been the vic- wish to thank the Senator from Ari- presence, his strength and determina- tims of the violence of war. I believe zona. I thank him for his comments tion are very inspiring. We appreciate the best thing we can do for them in just now, but most importantly I really so much his support. the short term is take whatever action appreciate his extraordinary leadership Mr. KERRY. Mr. President, I suggest we can to see that they are not dis- on this issue and a lot of human rights the absence of a quorum, and ask that criminated against, that they receive issues, issues of conscience. He speaks time be logged to both sides. the same protections we guarantee our with a very important voice, and I The PRESIDING OFFICER. The Americans with disabilities, and that think he knows I am always happier clerk will call the roll. they are afforded an opportunity to when he is working with me than The legislative clerk proceeded to live full and beautiful lives. against me on any issue on the floor. I call the roll. Finally, I would like to say that my know he used to pride himself in his Mr. DURBIN. Mr. President, I ask two friends and I have been around this fight occasionally with Senator Ken- unanimous consent that the order for place for quite a while—in the view of nedy, but he also prided himself enor- the quorum call be rescinded. many, perhaps too long—but the fact is mously when they were able to get to- The PRESIDING OFFICER. Without that one of the highlights of our shared gether and work together. objection, it is so ordered. experiences was on the lawn of the I have certainly enjoyed the many Mr. DURBIN. Mr. President, we are White House when a guy, Holmes things Senator MCCAIN and I have done in the process of considering the ratifi- Tuttle—remember one of the leaders of together—most notably, I think, join- cation of the Convention on the Rights the disabilities movement, Mr. ing hands across a certain belief divide of Persons with Disabilities. The Tuttle—and others from the disabil- to help end the war in Vietnam, the United States has led the world in cre- ities community were there, and the real war that kept raging in the minds ating the legal framework, building an President of the United States at the of a lot of people, and that was a 10- infrastructure and designing facilities time, President Herbert Walker Bush, year journey we made together. I am that ensure inclusion and opportunities and our beloved Bob Dole were there. It certainly proud of that and grateful to for those living with disabilities. was a great moment for all of us. It him. This year the Senate Foreign Rela- But I want to come back to this trea- was a great moment for America. It tions Committee, under the leadership ty for a moment and Senator MCCAIN’s was all of us doing something, contrib- of Chairman JOHN KERRY and ranking efforts on it. I would say to my col- uting in a small way to make better minority member Senator RICHARD leagues who have raised in the minor- the lives of people who otherwise may LUGAR, celebrated the 22nd anniversary ity report a couple of concerns—and have had great challenges in having of the Americans with Disabilities Act none of us are dismissive of those con- the kinds of lives we want every Amer- by favorably reporting the Convention cerns—every Senator has the right to ican citizen to lead. on the Rights of Persons with Disabil- express their beliefs, but I can’t think I believe that this treaty, this action ities on a strong bipartisan basis. I of a Senator more compelled. He has is an adequate and important followup want to personally thank Senator because I don’t think there is anybody been the ranking member and chair of the Armed Services Committee and for KERRY and Senator LUGAR for moving who denies—yes, there are problems the treaty through the committee with any legislation of the sweeping years has been one of the leading process. It was a hectic time—cam- magnitude and scope of the ADA, but I voices on defense issues and now the paigns were going on—but they made a don’t know of anybody who doesn’t be- defense of our Nation. Everybody point of making certain we brought lieve it was a magnificent success and knows his record in terms of personal this issue forward. an enormous contribution to making service. I think there is no Senator A personal thanks to my friend Sen- the lives of our citizens with disabil- who comes to the floor arguing more ator JOHN MCCAIN, who is on the Sen- ities better than they otherwise would consistently the prerogatives of the have been. So wouldn’t we want that United States of America with respect ate floor at this moment, for making same thing to happen to everyone in to defending our Nation and upholding this a bipartisan effort. I also want to the world? Wouldn’t we want these the Constitution. thank Senators BARRASSO, HARKIN, children who are going through such I would ask my colleagues who are TOM UDALL, MORAN, and COONS for difficult times in their lives and finding some reason to doubt this trea- their bipartisan support and dedication wouldn’t we want those who have been ty or to have some sense that it pre- to the passage and ratification of this wounded and maimed to have an oppor- sents a threat to our country to take important treaty. tunity for a better life? Wouldn’t we appropriate note of Senator MCCAIN’s Now is the time for the full Senate to want to, as Americans, be proud that fervent commitment to this and to the affirm our Nation’s leadership on dis- we blazed the trail with the ADA in a comments he made about former At- ability issues by ratifying this impor- really remarkable shift and change and torney General Dick Thornburgh. I tant treaty. We should do so with the an act of almost miraculous benefit to knew the Attorney General when he strong bipartisan support that has al- so many of our citizens, wouldn’t we was Attorney General. I have enormous ways characterized the efforts we have want that also to apply to the other respect for him and for his career, and had on disabilities. citizens of the world? I think most of I think Senator MCCAIN was 100 percent The support for this treaty is ex- us would, and I think most of the correct when he quoted him in the tremely broad and deep and bipartisan. American people who are paying atten- record as saying that nothing in this It is supported by 165 disability organi- tion to this believe that. That is why treaty will require any initiative by zations, including the U.S. Inter- so many of our veterans organizations the United States to change a law or to national Council on Disabilities, the are in support. That is why so many in reduce any capacity of our courts to American Association of People with the disabilities community are in sup- uphold the Constitution of the United Disabilities, the Disability Rights Edu- port. That is why there are so many States. I think he did an important cation and Defense Fund, and the Na- charitable organizations that are in service in his comments with respect tional Disability Rights Network. support. to that. I thank him for his contribu- In addition, it is supported by 21 dif- So I again thank both of my col- tion. Our fight is not over. We have ferent veterans groups, including the leagues and tell them that I certainly some work to do in the next days, and Wounded Warrior Project, the Amer- hope we can convince all of our col- I look forward to working with him. ican Legion, Disabled American Vet- leagues that one of the nicest things The PRESIDING OFFICER (Mr. erans, and Veterans of Foreign Wars. we could do as a Christmas present for CASEY). The Senator from Indiana. President George H.W. Bush, who people around the world is to ratify Mr. LUGAR. Mr. President, I join the signed the Americans with Disabilities this treaty. chairman in thanking JOHN MCCAIN for Act into law, has called for ratification

VerDate Mar 15 2010 01:20 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.049 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6935 of this treaty. But there has been no tion, and then they are brought into a appropriate any new funding or re- more passionate advocate—and I am so laboratory with the latest technology. sources to comply with its terms—not honored that he would consider devot- A new Congresswoman from Illinois, a single dollar. The treaty will not ing his energies and good name to our named TAMMY DUCKWORTH—I am so change any U.S. law or compromise effort for ratification of the treaty— proud of her election victory on No- U.S. sovereignty. The treaty will not than Senator Bob Dole, a lifelong advo- vember 6—lost both legs in Iraq when lead to any new lawsuits because its cate for disability rights. We need to she was piloting a helicopter that was terms do not create any new rights, pass this treaty in a tribute to Bob shot down. She was a member of the Il- and it cannot be enforced in any U.S. Dole for his life of service to the State linois National Guard, and there was a court. For families who choose to edu- of Kansas and to the Nation, as well as question whether she would even sur- cate their children at home, the treaty his heroic efforts on behalf of the dis- vive the terrible incident where a rock- will not change any of the current abled in the Senate. et-propelled grenade was fired into the rights and obligations under American These organizations and people of dif- fuselage of her helicopter. She survived law. I was pleased that in the Foreign ferent backgrounds have come together and has since used Walter Reed Hos- Relations Committee they adopted an to support ratification of the treaty be- pital and Bethesda to make certain amendment I worked on with Senator cause they know it is critical for those that she has the very best new pros- DEMINT, a bipartisan amendment, to living with disabilities in the United thetic legs. They were good enough to further clarify this issue. States and around the world. Thanks carry her through a campaign success- I also want to address the issue of to the ADA and similar laws, the fully, and now she will be sworn in to abortion, which was raised yesterday United States has been so successful the U.S. House of Representatives in by one of our former colleagues. Lead- providing opportunities, accessibility, just a few weeks. ing pro-life groups, such as the Na- and protection of the rights of those That kind of technology is being de- tional Right to Life Committee, con- living with disabilities that our Nation veloped for our veterans, as it should firm the treaty does not promote, ex- is already in full compliance with all be. Ultimately, it will be available to pand access or create any right to an terms of the treaty. Before transmit- everyone across the United States and abortion. ting this treaty, the Obama adminis- around the world. As companies make When we tried to move this treaty tration conducted an exhaustive com- this new technology enabling amputees earlier this year, some objected on the parison of the treaty’s requirements to a full life, this technology becomes a basis the Senate shouldn’t ratify a current U.S. law. Here is what they part of the export of the United States. treaty during a lameduck session. Well, found: The United States does not need So there are opportunities here for the we did a little study. I want to note for to pass any new laws or regulations in United States, as other countries com- the record that since 1970, in the last 42 order to fully meet the terms of the ply with the treaty and develop new years the Senate has ratified at least 19 treaty. The fact that we have already prosthetics and other things for their treaties during lameduck sessions. met or exceeded the treaty’s require- disabled, to have some business oppor- There is no procedural or substantive ments is a testament to our Nation’s tunities with new and good ideas. justification for not ratifying this trea- commitment to equality and oppor- American businesses will be able to ex- ty which has broad bipartisan support tunity for the disabled. port their expertise and their products and could mean so much to those living But there are still important reasons in new markets serving the hundreds of with disabilities. to ratify this treaty. There are more millions of people living with disabil- Thanks to decades of bipartisan co- than 51⁄2 million veterans living with ities around the world. operation, our country embodies the disabilities in the United States. They Let me tell you why it is important worldwide gold standard for those liv- travel all over the world, often with for us, even though our standards are ing with disabilities. their families. Ratifying this treaty good and high in helping the disabled, In closing, I again salute Senator Bob will help move toward the day when to worry about those with disabilities Dole. He has been on the phone and wherever they travel they will be in other countries. There are estimates working it, and I hope in tribute to his treated with accessibility, with the that 10 percent of the world’s popu- Senate career we will ratify this trea- kind of respect that every person would lation lives with disabilities. Not only ty. expect to have in traveling around the do these people courageously live each I also want to salute a former col- world. day, they live with many challenges league of mine from the U.S. House of Ratifying this treaty will also give and hurdles that could be removed with Representatives, Tony Coelho. Tony the United States a seat at an inter- the right laws and policies that are was the whip of the Democratic caucus national table that we currently can’t contained in this convention. when I was first elected, and he has occupy. The United States can sit at It is hard to believe, but 90 percent of been an amazing advocate for the dis- the table on disability rights worldwide children with disabilities in developing abled throughout his public career in and provide guidance and expertise countries never attend school. Less the House and ever since. He came to based on our experience and leadership. than 25 percent of the countries in the me and asked to help in this effort, and It just stands out like a sore thumb our United Nations have passed laws to I was happy to say yes to Tony, as I did country hasn’t ratified this treaty even prohibit discrimination on the so many times when I served with him when over 120 other nations have. basis of disability. Studies indicate in the House. This treaty would also level the play- that women and girls in developing I want to add one other person— ing field for American businesses. countries are more likely than men to Marca Bristo. Marca is the leading dis- American businesses have invested have a disability. ability advocate in the city of Chicago. time and resources to comply with the Unemployment is dramatically high- This wonderful young woman was tire- ADA. Businesses in some countries are er for those living in other countries less in her wheelchair, wheeling from not required to comply with similar with disabilities. This treaty will help office to office, begging Members and standards. Compliance with the treaty provide the framework so countries their staffs to consider voting for this levels the playing field by requiring around the world can help their own treaty. If and when we pass it—and I foreign businesses to meet accessibility citizens with disabilities live produc- hope that is soon—I am going to re- standards similar to those of the tive, healthy lives. Just like we did by member Marca and Tony, and certainly United States. It will open new mar- enacting the ADA 22 years ago, ratify- Senator Dole, for all the work they put kets for new technologies when it ing this treaty will send the world a into this. comes to disability. message that people with disabilities When the Senate ratifies this treaty, Mr. President, I know you have been deserve a level playing field. we can be proud our coworkers, friends, a visitor at Walter Reed and Bethesda While this treaty will ensure inclu- family members, and courageous vet- Naval Center, and you have seen our sion and access for those living with erans will soon enjoy the same access returning veterans, many who come disabilities, it is also important to note and opportunity when they travel home after losing a limb. They go what the treaty will not do. The treaty abroad that they have come to expect through a period of the best rehabilita- will not require the United States to right here in the United States.

VerDate Mar 15 2010 00:57 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.051 S27NOPT1 jbell on DSK7SPTVN1PROD with S6936 CONGRESSIONAL RECORD — SENATE November 27, 2012 Mr. President, I yield the floor, and I and people with disabilities have the public accommodations, and that the suggest the absence of a quorum. same protections as every one of us. person is not discriminated against be- The PRESIDING OFFICER. The I am proud of the progress we have cause of her or his disability. This clerk will call the roll. made here in the United States. I was helps advance globally the basic human The assistant legislative clerk pro- part of the Congress in 1990 that passed rights of people with disabilities. Other ceeded to call the roll. the Americans With Disabilities Act. I countries will learn from the United Mr. CARDIN. Mr. President, I ask am very proud to be part of the Con- States. Until we ratify, we can’t par- unanimous consent that the order for gress that passed that law. I remember ticipate in the international discus- the quorum call be rescinded. two of our colleagues who have been in sions taking place to protect people The PRESIDING OFFICER. Without the forefront of this work: Senator with disabilities. Yet we have the most objection, it is so ordered. Dole, whose name has been mentioned, advanced laws. By our ratification of Mr. CARDIN. Mr. President, I take has been one of the great leaders in this treaty, we are in a position to help this time to urge my colleagues to vote this body in protecting the rights of other countries advance the rights of for the ratification of the Convention people with disabilities, and Congress- people with disabilities, and that is ex- on the Rights of Persons with Disabil- man Tony Coelho, with whom I served actly what we should be doing in Amer- ities. in the other body, the House, took on a ica. I have the honor of serving on the leadership position to bring to the pub- Our Nation was founded on the prin- Senate Foreign Relations Committee lic attention for us to do what was ciple that we are all created equal and and was present during the hearings we right for people with disabilities. each of us has the right to life, liberty, had with regard to the ratification of The United States has provided inter- and the pursuit of happiness regardless the treaty. I listened to the witnesses national leadership. The year after we of our abilities. Ratifying this treaty is who testified and listened to all the ar- passed the Americans With Disabilities a strong act of diplomacy and a symbol guments that always have been made Act, my colleague in the House, Con- of America’s continued commitment to about treaties. I must tell you, it was gressman STENY HOYER, took that ef- equal justice for all. The history of our overwhelmingly supportive of the rati- fort in the United States internation- Nation has been the continued expan- fication of the treaty. ally. In 1991, in the Organization for sion of rights, opportunities, and re- I want to acknowledge the work of Security and Cooperation in Europe, sponsibilities to more and more Ameri- Senator LUGAR, who is on the floor. He we passed the Declaration on the cans. It is in our interests and in the has been a real champion on basic Rights of Persons With Disabilities be- interests of all humankind to see that human rights issues and advancing it cause of the U.S. leadership. It is now the expansion happens in other coun- through treaties on which the United known as the Moscow Document. We tries as well. States has taken leadership. I applaud have provided international aspirations I urge my Senate colleagues to vote his unstinting commitment to advanc- to make sure that we treat people with for the ratification of this treaty. It is ing the rights of people with disabil- disabilities as we would treat anyone the right vote to take for the United ities. else. States. Standing up for basic human I also want to acknowledge our chair- We have in America the strongest rights is right. It is right to protect our man Senator KERRY, and the work he protections of any country. We have citizens when they travel internation- has done in regard to this treaty; Sen- improved our laws. We have led the ally. I urge my colleagues to vote for ator HARKIN, and many others, have world in providing the right legal ratification. been involved in the United States’ framework, the right policies, and the With that, I yield the floor and sug- participation in this treaty. To put it right programs so people with disabil- gest the absence of a quorum. directly, we were responsible for this ities can gain access to all services. The PRESIDING OFFICER. The treaty moving forward because the The ratification of this treaty is par- clerk will call the roll. United States has been in the leader- ticularly important to the United The assistant legislative clerk pro- ship of protecting people with disabil- States. I say that because it further ceeded to call the roll. ities. The way we treat people with dis- demonstrates our leadership on this Mr. WHITEHOUSE. Mr. President, I abilities is a civil rights/human rights issue. We have added language in this ask unanimous consent that the order issue. treaty; we don’t have to change any for the quorum call be rescinded. We know the history of America was laws if we ratified this treaty. We are The PRESIDING OFFICER (Mr. BEN- not always what it is today, and we in full compliance. There is no need for NET.) Without objection, it is so or- know the struggles people with disabil- America to take any further steps. All dered. ities have had in getting access to serv- this treaty ratification does is reaffirm Mr. WHITEHOUSE. Mr. President, I ices that we sometimes take for grant- America’s leadership on this issue and ask unanimous consent to speak as in ed. provides protection for our citizens morning business for such time as I Many years ago I visited our State internationally. We made that very may consume. institution for children with develop- clear with amendments we added to The PRESIDING OFFICER. Without mental disabilities. I saw in one large this treaty during the committee objection, it is so ordered. room literally 100 children receiving no markup. We don’t have to change any HOUSE AND SENATE ACTION care at all, most of them not clothed. I laws. Yet it helps U.S. citizens abroad. Mr. WHITEHOUSE. Mr. President, I knew we could do better in this coun- The rights of the disabled should not just wished to address two things. The try, and today our access to health end at our border. They should have first is that we are having a continuing services for people with disabilities is the same protections when they travel discussion about the budget of our remarkably better. to another country or when they work country and about the taxes of our I remember when if you had a phys- in another country or when they tem- country and indeed about the unfair ical disability and were confined to a porarily live in another country. We and often upside down nature of our wheelchair, it was basically impossible want to make sure American citizens current Tax Code that allows people to get use of public transportation. We are treated fairly. making hundreds of millions of dollars have changed those policies in our A witness testified at our hearing on a year to pay a lower tax rate than a country, recognizing that every Amer- the ratification of this treaty about family who earns $100,000 a year. ican has the right to basic services. I how she was in a wheelchair in another In the context of that discussion, remember when it was difficult for peo- country and she was not permitted to there is one thing that I think we can ple to get public education in tradi- use her wheelchair to get access to an do right now that would be important tional schools if they had disabilities. airplane. That is wrong. This treaty and helpful to the vast majority of We have changed those laws in Amer- will protect an American who happens Americans, indeed to 98 percent of ica. We have changed our public ac- to be in another country and who hap- American families and 97 percent of commodation laws. We have changed pens to have a disability to make sure American small businesses; that is, to our employment laws. We have led the that person can get reasonable access assure them that their taxes are not world in saying that it is a basic right, to transportation, reasonable access to going to go up on January 1.

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.052 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6937 Assuming we cannot get to a budget tween what we are considering with racy, one lone Senator able to speak agreement before January, then auto- this rules change and the so-called nu- until he is exhausted on a point that matically all the Bush tax cuts will clear option that was threatened were matters to him. end. The Senate has actually passed a respect to judges. People may have been frustrated by law that will allow those tax cuts to be The reason I think that is the case is that kind of filibuster, but there was at curtailed, to be protected for families that I have read the old opinions from least a kind of nobility to it. The fili- who earn $250,000 a year and less. That previous Presiding Officers in the Sen- buster of today is very different. It is a bill has passed the Senate. It is now ate and Vice Presidents in the past who threat from the minority party to bom- over at the House awaiting action by have said that the way the Senate bard something with amendments so it the House. rules work is that although we are a cannot be managed on the floor. It is a The Republican-controlled House is continuing body, the way in which the threat to filibuster, to which the ma- in a position, anytime the Speaker rules continue from Senate to Senate jority leader has to respond by filing chooses to call up that bill, to pass a is that we are impliedly readopting the cloture, and when the majority leader guarantee of protection from tax in- rules as soon as we take any business is forced to file cloture, the minority creases that will protect 98 percent of under the rules each new session. gets the benefit. They get 30 hours of American families and 97 percent of The House behaves differently. The debate. American small businesses. I think House has new rules each session. It is Of course, as we have seen in the Sen- they should do that. It is simply await- an entirely new reelected body each ate, that 30 hours of debate is never ing their action. There is nothing more session. So they have to open by cre- used. It just consumes 30 hours of floor we can do in the Senate. We have al- ating a new set of rules and adopting time, most of it spent, as the distin- ready passed that bill. It is one step them. They do that at the beginning of guished Presiding Officer and I and away—Speaker BOEHNER allowing it to every session. We virtually never do others who preside in the Senate no- be called up and having it voted on— that. The rules continue. How is it that tice, in quorum calls, in endless deadly from becoming law and protecting 98 the rules continue? The ruling is that quorum calls with the poor old clerk percent of families and 97 percent of that continue because they are deemed having to call off the names slowly and small businesses from a tax increase on to continue as soon as the Senate takes quietly in the Chamber and nothing January 1. action under those rules, whatever it going on. There is a real likelihood we will is. As soon as they take action under People who are looking at this on C– have to go beyond January 1 because so those rules at the beginning of a ses- SPAN and who dial into the Senate many of our colleagues have sworn sion, those rules are then deemed to be very often see that nothing is going on. that oath to Grover Norquist that they back in place, and we do not need to That nothing going on is usually the will not let taxes go up. He maintains readopt them. hallmark of the modern filibuster. It is the Bush tax cuts should last into eter- But that does mean, at the beginning a colossal waste of time. It is intended nity and anything above that would be of each session, there is an oppor- to be a colossal waste of time. Because a tax increase and violate the pledge. tunity, under the Constitution, to if we do that hundreds of times, as our So we may have to wait until Janu- change the rules by a simple par- minority has, multiply those hundreds ary 1, until the actual expiration of the liamentary majority of 51. I do not of filibusters by 30 hours each, and Bush tax cuts vitiates that baseline think that is breaking the rules to they have ruined thousands of hours of and allows Republicans to enter into change the rules. That is part of the Senate floor time. the very same deal they could have be- rule. That is how the rules actually That disables this institution, and it fore, only now it is a tax decrease from work in the Senate, at least that is my puts the majority under immense pres- the current rate that would presum- belief and my opinion. sure to do the basic business of passing ably not get them in trouble with Mr. Given that, I think arguing that this appropriations bills, the very simple Norquist versus a tax increase from is somehow breaking the rules or the operations of government. Very often his—I think at this point—illogical and same as the nuclear option is not quite we hear our colleagues on the other irrational projection of the Bush tax accurate. This and the nuclear option side criticize that we have not passed cuts into the indefinite future. So I call share the similarity of allowing the those. Those are complaints that are on our friends in the House of Rep- Senate to proceed with a simple major- made with real crocodile tears because resentatives to pass that bill and give ity. They do share that similarity. But it is the consistent, relentless fili- the vast majority of Americans relief this is different because we can only do buster that puts the Senate in a posi- from whatever uncertainty there might that one early, first moment, as each tion where it does not have floor time be about going beyond the January 1 new Senate comes into session. Some to do that work. deadline. could say that is actually there as a I think, first of all, that what we are The second issue I wished to address safety valve for situations just like proposing is slightly different than the is to respond briefly to my friend from this where one party is consistently, nuclear option, even though it shares Arizona Senator KYL, who spoke about regularly determinedly abusing a rule, that characteristic of getting to 51 the filibuster and the rules changes but because the other party cannot get votes, that it is unique to the rule that are being discussed in this Cham- to 67 votes, they cannot change or cor- function of the Senate, that it happens ber. He spoke this morning. I had the rect the rule to restore the Senate to just that once, and that one could chance to watch a good part of his re- its proper behavior. argue it is a safety valve that protects marks on the television. I would note that I think there is vir- against situations like this. I wanted to respond in a couple ways. tually nobody in this Chamber who My second point is this is not a good First of all, I have the highest regard thinks the Senate is operating the way situation for the Senate. We waste im- for Senator KYL. We worked closely to- the Senate should. We have had lit- mense amounts of time. The filibuster gether trying to get a cyber security erally hundreds of filibusters, and they is used constantly. It used to be that compromise. We worked together years are not the old-fashioned filibuster Senators filibustered bills that they ago on the immigration compromise. I people remember from ‘‘Mr. Smith violently opposed. Now the minority have seen him in action on the Senate Goes to Washington,’’ when Senator filibusters everything. How often have floor. He is very able. When he has Jefferson Smith stood at a desk, prob- we had the experience that something reached an agreement with his col- ably about there in their mockup of is filibustered and we finally break the leagues, he is unshakeable and his word the Senate floor, and talked himself to filibuster and when we actually get to is good. I think very highly of him, al- exhaustion, reading from the Bible, the vote on the actual merits of the though we do not agree politically on a reading from the Constitution. He may bill, it passes with 95 or 98 Senators great number of issues. have even read from the dictionary. I supporting it. But I did, in an atmosphere of great remember there was an old reporter up What do we conclude if you filibuster respect for him, wish to respond in a in the press gallery speaking about something that 98 percent of Senators couple ways. The first is that I believe, this. He talked about it being one of are going to support when it finally at least, that there is a difference be- the great examples of American democ- gets to the floor? We can only conclude

VerDate Mar 15 2010 01:51 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.055 S27NOPT1 jbell on DSK7SPTVN1PROD with S6938 CONGRESSIONAL RECORD — SENATE November 27, 2012 that it is being used to obstruct and periods of delay while we go through since March. It would, as has been said, delay. There is too much of that. We procedural hoops and around proce- not require any changes to U.S. law have too much business to be done. So dural circles. We should be better than and would have no impact on our Fed- I do not think there is anybody who this, and the American people deserve eral budget. It would instead promote can say the Senate is working in a way better than this. U.S. business interests by creating a that it should under the present prac- I hope this discussion about changing level playing field for U.S. companies tices. If it takes changing a rule to the rules moves us from where we are by equalizing accessibility require- change those practices, I think it will right now—which is just wrong; it just ments that foreign businesses must be better for everyone. isn’t working—to a place where we can meet, and it would create new markets I also wish to point out that nobody be a Senate again that requires people for innovative U.S. businesses with ex- is saying there should be an end to the who want to filibuster to get up on pertise in standards and technologies filibuster. What we are saying is those their feet in this Chamber and say that would help ease the lives of those who want to filibuster should carry the what they have to say until they are with disabilities. At least as impor- burden of being on the floor expressing exhausted. So be it. I think that would tantly, it would promote access, mobil- their concerns and actually doing the be an improvement on the matters ity, and inclusion for disabled Ameri- filibuster. It is one of the great frustra- where I would feel strongly enough to cans abroad, especially wounded vet- tions of those who have to defend filibuster, and I am confident that I erans. against the filibuster that very often would be willing to take that step in Last but not least, it would protect the members of the minority party do the event we were someday in the mi- the right of families to homeschool not even have to show up for the vote. nority. their children if they choose to do so, a The rule of the filibuster is that we Mr. President, I yield the floor. topic on which my office received have to get to 60 votes or it fails. The PRESIDING OFFICER. The Sen- many concerned calls from constitu- Whether the vote is 60 to 1 or 60 to 40 ator from Delaware. ents. We heard directly from the Jus- does not matter. So we get thrown into Mr. COONS. I ask unanimous consent tice Department during our hearing on having to show up and vote on filibus- to speak for up to 5 minutes on the the Foreign Relations Committee on ters, and the minority party does not topic of the Convention on the Rights this convention that ratification of even have to be here. We have heard a of Persons with Disabilities. this treaty will not in any way erode Senator say: Well, you know, you guys, The PRESIDING OFFICER. Without the rights of parents with disabled chil- you will be here on Monday because objection, it is so ordered. dren to educate their children at home you have this vote you have to take. Mr. COONS. Mr. President, I rise if they so choose. But we do not have to be here, so I am today as not just the Member from In short, Mr. President, ratification not coming back. Delaware but also as a member of the only benefits the United States and We have had Senators who have actu- Senate Foreign Relations Committee protects Americans. The world has ally forced a vote on cloture them- to speak to the topic before us of the long looked to us as a global leader, as selves go away when it came time for convention and whether the United a moral compass, as a defender of free- the vote, go home, and the rest of us States should ratify a convention on dom and human rights. In my view, we had to be here to do it at that point. the rights of persons with disabilities. owe a great debt to many who have The filibuster is just being used to har- Our country has long been a global served in this Chamber before us, in- ass colleagues and to create difficulty, leader in recognizing and protecting cluding, principally among them, Sen- and I think that is a real problem and the basic rights, the human rights of ator Bob Dole, who, along with many that it is worth pressing through it. all people, including those with disabil- others, led the initial fight for the rati- Another concern that Senator KYL ities, and of working hard to be at the fication of the Americans with Disabil- raised is that people’s voices would be forefront of a global movement to im- ities Act. silenced if the majority leader had the prove access to the basic and essential The least we can do for people with authority to go directly to a bill with- aspects of productive daily life for disabilities all around the world is to out allowing for amendments. Two those with disabilities. Today we have step to the plate, to ratify this Conven- points on that: First, I, for one, am the opportunity to help extend those tion on the Rights of Persons with Dis- abilities without delay. It is my hope perfectly open to a rule change that rights, the same rights that disabled this Senate, in a bipartisan way, can provides for some kind of an amend- Americans have to other people around come together in the spirit of unity to ment process. As the majority leader the world. If we have that opportunity protect dignity and human rights for said earlier, we have our proposal out to promote freedom and human rights, all. why wouldn’t we ensure these protec- there, where is yours? If we are going I urge my colleagues to join me in tions that apply to Americans apply to to negotiate, make a counterproposal. voting for the ratification of this most If the counterproposal contains a re- them abroad as well and to others, important treaty. quirement that certain amendments be some of the nearly 1 billion fellow citi- Mr. President, I yield the floor. considered, a certain number of amend- zens of the world who live with disabil- The PRESIDING OFFICER. The Sen- ments—germane amendments, one ities. ator from New Hampshire. would hope—I think that is something This treaty that is before us today Mrs. SHAHEEN. Mr. President, I also that a great number of Senators on our was adopted by the United Nations in ask unanimous consent to speak for side would look at with sympathy and, 2006 with 153 nations as signatories and about 5 minutes on the Convention on perhaps, with approval. so far 116 as ratifying parties. It has the Rights of Persons with Disabilities. That is an argument. I don’t think it been 6 long years that the United The PRESIDING OFFICER. Without is a sufficient one because I do believe States has not joined as a ratifying objection, it is so ordered. we can address that question, every party. This treaty has passed with Mrs. SHAHEEN. I am here to join my question. strong bipartisan support through the colleagues, as I had the great pleasure I would conclude, because I see the Foreign Relations Committee by a vote of being in the chair for a while this distinguished Senator from New Hamp- we took back in July after hearings, afternoon to hear some of the expres- shire here, that I think this is an issue and it is been nearly 6 months since sion of support for the Convention on we can work out and that we can work that vote. Yet this treaty, sadly, faces the Rights of Persons with Disabilities. out together. I think we can make the opposition on the floor of the Senate. It was very eloquent, and it was bipar- Senate a better place, a place where This Convention on the Rights of tisan. I begin by thanking Senators there is more actual debate and more Persons with Disabilities was nego- KERRY and LUGAR for their efforts in progress and more gets accomplished tiated during the Bush administration, the Foreign Relations Committee to rather than just this relentless fili- and it enjoys strong bipartisan sup- not only pass the treaty in committee buster, this filibuster at all times, of port. I am proud to join Senators but to bring it to the Senate floor for all bills, all appointments, over and MCCAIN, BARRASSO, MORAN, DURBIN, this consideration. over, nonstop, completely jamming up HARKIN, UDALL, and many others who I certainly support ratification of the this body and creating these enormous have been advocating for its passage Disabilities Convention because it is

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.056 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6939 the right thing to do and because it American law. The treaty doesn’t im- The PRESIDING OFFICER. Without puts the United States back where we pose any legal obligations on the objection, it is so ordered. belong: as leaders of the international United States, and these facts were f community and defending, protecting, confirmed by the U.S. Department of and promoting the quality of rights of Justice during our consideration of the LEGISLATIVE SESSION all people in our world, regardless of measure. Mr. REID. Mr. President, I ask unan- their situation. From equality and The convention has overwhelming imous consent that the Senate resume nondiscrimination to equal recognition support from across the political spec- legislative session. before the law, to access to justice, this trum. Over 165 disability organizations The PRESIDING OFFICER. Without convention touches on all these issues support the treaty, as do 21 major vet- objection, it is so ordered. that Americans have long held near erans and military service organiza- f and dear to our hearts. tions, including the VFW, the Amer- Ratifying this convention would reaf- ican Legion, and the Wounded Warrior MORNING BUSINESS Project. I can’t imagine why, at a time firm our leadership, leadership that Mr. REID. Mr. President, I ask unan- when more of our warriors are return- was established under the landmark imous consent that the Senate proceed ing home with injuries and disabilities, Americans with Disabilities Act legis- to a period of morning business with we would not want to stand in support lation that this Congress passed in 1990. Senators permitted to speak for up to of ensuring their rights and protections This was the first of its kind, domestic 10 minutes each. at home and around the globe. legislation that addressed the barriers The PRESIDING OFFICER. Without In closing, I want to quote from John faced by individuals with disabilities. objection, it is so ordered. It sent a message to the world that we Lancaster, who is a disabled veteran would support the principles of equal and the former executive director of f treatment and nondiscrimination with the National Council on Independent PREVENTING GUN VIOLENCE respect to those with disabilities. Living, which is one of the oldest dis- I want to recognize Senator TOM ability grassroots organizations run by Mr. LEVIN. Mr. President, as the HARKIN for his leadership in getting and for people with disabilities. Mr. 112th Congress returns after the elec- that legislation passed, and it had Lancaster testified at the Senate For- tion, we should consider this important strong bipartisan support when it was eign Relations Committee in support of question: Have we done our share to passed back in 1990. That legislation the treaty. I think his message was one help prevent gun violence? Statistics still stands as a model for those who of the most powerful, and it is one that from the Brady Campaign to Prevent want to replicate our commitments I hope all of our colleagues will heed in Gun Violence give a clear answer—no. and defend the rights of the disabled in thinking about consideration of this Almost 100,000 people die as the result their countries. treaty. of gun violence in America every single I have had a personal opportunity to At the hearing he said: year. This statistic includes 12,000 peo- see what a difference the Americans I’m appalled with some of the conversation ple who are murdered, 18,000 who com- with Disabilities Act could make in the that has been going on here today. mit suicide, and 20,000 under the age of lives of people, to see the impact this He was referring to some of the testi- 20. On average, 270 people are shot in convention could have around the mony at that hearing. He said: the United States every single day. world, because I grew up before ADA As a veteran and as someone who volun- Our society faces an epidemic of gun was passed and my grandmother was teered, laid my life on the line for freedom, violence. Consider stories that have disabled. She couldn’t speak or hear. I rights, dignity, and now, to have this whole gone largely unreported in recent remember in those days, when she debate that we’re not willing . . . to walk months: Near Chicago, a 16-year-old would come to visit us—which wasn’t the talk in international circles? To step up was shot twice in the head while riding in a forum where they advocate these things very often because she lived a long way in a car on her way home. A staff mem- and to say ‘‘We’re not afraid to sign this ber on a prominent university’s med- away—we didn’t have any technology thing?’’ to allow her to watch television or to We aspire to what’s in this convention. ical campus accidentally discharged answer the phone, the kind of tech- This is what we are about as a nation—in- his handgun at work and injured two nology that now is available as the re- cluding people, giving them freedom, giving people. And on election day, a parolee sult of passing the ADA, technology them rights, giving them the opportunity to in California walked into the plant that I would hope, along with the work, to learn, to participate. Isn’t that where he worked, methodically mur- human rights that come with passing what we’re about? Isn’t that what we want dered two of his coworkers, and wound- the rest of the world to be about? Well, if we this convention, will soon be available ed another two before shooting himself. aren’t willing to say this is a good thing and Stories like these flash across news- to people in all parts of the world. to say it formally, what are we about, real- We in the United States are already ly? papers for a few days or weeks, and then the national spotlight moves on. the gold standard when it comes to de- I think Mr. Lancaster put it very But we cannot forget that while report- fending the rights of the disabled. So powerfully, and I couldn’t agree more ers may leave, the tragic effects of gun why would we not want to demonstrate with his assessment. This is exactly violence linger. They forever alter the to the world our intention to continue what we are about as a nation. We lives of good, talented young people, to fight for those less fortunate? should ratify this treaty. We should re- like Ashley Moser, who lost her 6-year- This treaty is not only about ending mind the world why defending the old daughter in the horrific movie the- discrimination against people with dis- rights of the disabled is a principle ater attack in Aurora, CO. She is par- abilities around the world, it is also that should be at the heart of every tially paralyzed now and faces signifi- about protecting the millions of U.S. civil society. citizens who travel or live abroad. Mr. President, I hope when we get to cant health problems and medical bills. Ratification will provide the United the vote on this convention we will see But even after this nightmare, Con- States with a platform from which we the required votes to ratify this treaty gress did nothing to prevent guns from can encourage other countries to adopt and send to the entire world Mr. Lan- falling into the hands of would-be kill- and implement the convention stand- caster’s message. ers. ards and to work to end discrimination Mr. President, I yield the floor. Congress has the power to act to pre- against people with disabilities. Mr. REID. Mr. President, I suggest vent more of these tragedies. We can Let me just respond to some of the the absence of a quorum. take up and pass legislation like S.32, concerns we have heard, and some of The PRESIDING OFFICER. The which would prohibit the purchase of these have been addressed already. I clerk will call the roll. the same types of high-capacity maga- want to talk about what the treaty The legislative clerk proceeded to zines that allowed the shooter in Au- does not do. call the roll. rora to hurt so many people, so quick- It in no way, shape, or form infringes Mr. REID. Mr. President, I ask unan- ly. We could enact S.35, the Gun Show on America’s sovereignty as a nation. imous consent that the order for the Loophole Act of 2011, which would close It does absolutely nothing to change quorum call be rescinded. the ‘‘gun show loophole’’ by requiring

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.058 S27NOPT1 jbell on DSK7SPTVN1PROD with S6940 CONGRESSIONAL RECORD — SENATE November 27, 2012 all gun sellers at gun shows to conduct on the enormous price he and other building was a J.J. Newberry’s five-and- a Brady criminal background check on like him have paid to preserve our free dime. ‘‘I had a knack for windows. This is prospective purchasers. We could take way of life. where I started my success. I learned the up and pass S.34, the Denying Firearms customer has to see the merchandise if you f want to sell.’’ and Explosives to Dangerous Terrorists VERMONT’S CITIZEN OF THE Today, he owns the building. ‘‘I put $400,000 Act of 2011, which would close the ‘‘ter- YEAR, ANTONIO POMERLEAU into it to fix it up,’’ he says, his words car- ror gap’’ by authorizing the Attorney rying the French-Canadian inflection he has General to deny the transfer of a fire- Mr. LEAHY. Mr. President, today, never lost. arm when an FBI background check re- the Vermont Chamber of Commerce He jokes that store owner Skip Gray was veals that the prospective purchaser is will recognize the philanthropic con- ‘‘kinda chicken’’ about moving to Main a known or suspected terrorist. These tributions of a longtime Vermonter: Street from a much smaller store in the Pomerleau shopping center. His eyes sparkle. are commonsense measures that would Antonio Pomerleau. Businessman, community developer, humanitarian He laughs along with the audience at his own protect the American people by reduc- jokes. ing firearm violence in our society. all these terms apply to one of In a voice graveled by age, he detours into Mr. President, it was over a month Vermont’s most celebrated citizens. As stories that have become his stock in trade. ago that a woman named Nina Gon- I said in a statement to the Senate ear- The anecdotes reel off as if from a tape re- zalez stood at the second Presidential lier this month, Marcelle and I are also corder, told and retold in almost exactly the debate and asked President Obama and fortunate to call him family. same words. Governor Romney a simple question: But Tony’s family extends beyond ‘‘It’s not what you pay for something, it’s the Pomerleaus. It has come to encom- what you can get for it,’’ he tells the cluster What would they do to keep assault of people, citing a real estate deal 40 years in weapons out of the hands of criminals? pass the State of Vermont, and his gen- the past. ‘‘I made $237,000 in 90 days’’ he says So, as the 112th Congress returns, we erosity has touched the lives of thou- of a tract of farmland bought, subdivided and have some important unfinished busi- sands of Vermonters. sold for three times what he paid. ness. There are few tasks before us This weekend, The Burlington Free He laments the just-announced closing of more important than enacting meas- Press published a story about Tony’s the Eveready battery plant in St. Albans. ures that would help prevent tragedies legacy. His is a quintessential success The company’s problem, he says with final- like the ones occurring far too often story. From stockboy to economic ity, is that they didn’t change with the times magnet, Tony has become one of by developing new products. around our Nation. ‘‘You gotta do something different from f Vermont’s most prominent business- the other fellow,’’ he says. ‘‘There’s a time men. Along the way, he has donated HONORING OUR ARMED FORCES limit on everything—except me.’’ The line millions of his own money to help draws a chuckle from his clutch of listeners, SERGEANT JOSEPH A. RICHARDSON Vermonters recover in the wake of as it always does. Mr. GRASSLEY. Mr. President, the such natural disasters as Tropical Grace, the youngest of Pomerleau’s 10 chil- Nation has lost a brave patriot who Storm Irene, to help renovate and re- dren, glances up from browsing among bed- died defending freedom. Sergeant Jo- store mobile home parks for residents, room sets. seph A. Richardson, who grew up in ‘‘He does love an audience,’’ she says. and, notably, to celebrate the contribu- ‘See the smoke coming out?’ Algona, IA, was killed during a patrol tions and sacrifices of the many mem- On a late November night, the outside of in Paktika province, Afghanistan on bers of the Vermont National Guard Pomerleau’s big house on DeForest Heights November 16, 2012. He was clearly an and their families. in Burlington is a neon carnival of Christ- accomplished, professional soldier as Few Vermonters have had such a mas. evidenced by his numerous awards, in- footprint on Vermont’s economic and Light-bulb-lit reindeer charge across the cluding: the Bronze Star Medal, Purple social landscape. Antonio Pomerleau’s west lawn pulling a sleigh of presents. Shoul- Heart, Army Commendation Medal, contributions make him a Vermonter der-high candy canes stick from the north lawn. Christmas lights cling to the eaves and Army Good Conduct Medal, National of the Year in 2012, but his legacy will swathe the trees in all directions. Defense Service Medal, Afghanistan benefit generations of Vermonters to Pomerleau opens the door for guests and Campaign Medal with Campaign Star come. pads down a hallway in his slippers to point Iraq Campaign Medal with Campaign I ask unanimous consent that The through the windows of his home office. Star, Global War on Terrorism Service Burlington Free Press article, ‘‘Tony ‘‘That’s a new one this year,’’ he says with Medal, Army Service Ribbon, Overseas Pomerleau: The Art of the childlike pleasure, pointing to a lighted train on the north lawn. Service Ribbon, NATO Ribbon, and the Dealmaker,’’ be printed in the RECORD. ‘‘See, the wheels go around,’’ he says, as Combat Infantry Badge. There being no objection, the mate- lights on the train blink to mimic move- SGT Richardson’s family released a rial was ordered to be printed in the ment. ‘‘See the smoke coming out there. statement that described Joe as some- RECORD, as follows: Isn’t that cute?’’ More lights blink. one who ‘‘lived his life full of energy [The Burlington Free Press, Nov. 25, 2012] As a very young child, Pomerleau spent four or five years—the time varies in the and with passion for everything he TONY POMERLEAU: THE ART OF THE telling—in a kind of iron corset after a bad did.’’ They also said that, ‘‘He loved his DEALMAKER fall when he was two. His father’s Barton job; he loved fighting for his country (By Candace Page) and our freedom.’’ In fact, he dem- farm burned. The family moved to Newport. NEWPORT—Tony Pomerleau leans on his onstrated this by re-enlisting for six The Depression struck. His father’s grocery cane and steps into Mill River Furniture on burned. more years in the Army shortly before Main Street, just in time for its grand open- In his telling, young Tony went to work his untimely death. His love of country ing ceremony. A dozen people converge on barely out of elementary school, making and willingness to serve marks Joseph him, filings drawn to a magnet. deals, subcontracting the mowing of lawns Richardson as one of our nation’s fin- The mayor greets him. City councilors in- and washing of cars to other kids or out-of- est citizens, and his noble sacrifice im- troduce themselves. Two local reporters quiz work men and taking a hefty cut of the pay. mortalizes him among the ranks of our him about the fate of the city’s only grocery His stories of childhood Christmases are store if plans go forward to redevelop his most honored war dead. We owe SGT happy ones, of horses and sleighs lined up strip mall into a hotel and convention cen- outside the church for midnight Mass, the Richardson and all those like him who ter. The head of the downtown association bells as the sleighs jingled home, the sound have fallen in the name of liberty our calls him over for a ribbon-cutting photo. of carols. infinite gratitude. ‘‘We need you Tony, right in the middle,’’ But there is another memory as well. He We ought also to remember his fam- she says. walks into the living rooms and leans ily in our prayers, including his wife The 95-year-old, white-maned shopping against the piano, its top invisible under the Ashley, his mother, Ginette, his father, center king of Vermont is in his element, rows of photos of his children. Greg, and many other family and back in his native town with a captive audi- ‘‘I was 12 or 13. One day I heard my father friends who will feel his loss very deep- ence. He holds court for nearly an hour while say to my mother, ‘This is the first Christ- the furniture store owner whose event this is mas I can’t afford any presents.’ I went down ly. As those closest to Joseph Richard- left in the background. to the bank and took out $25—that was son remember the life of their loved ‘‘I was 12 when I started work here,’’ money in those days—to give him.’’ one, it is incumbent on all Americans Pomerleau begins by recalling his days as a ‘‘I came from nothing,’’ he often says, set- to preserve his memory and to reflect stockboy and window dresser when this ting the backdrop for stories of his successes.

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.016 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6941 The big living room where an army of kids big-box stores. Pomerleau’s single largest Shelburne town offices. Town Manager Paul once played seems empty on a pre-Thanks- holding is the Shelburne Road Plaza in Bur- Bohne and Selectman Al Gobeille stand up. giving evening. Country station WOKO plays lington, valued at $14.6 million. They greet him enthusiastically. loudly on the radio. ‘‘What the hell would I want a mall for?’’ Around this town, Pomerleau is the hero of In the kitchen, an aide is helping he says. ‘‘I make a lot of money the way I do the moment. The future of the little Pomerleau’s 93-year-old wife, Rita, with her things.’’ Shelburnewood mobile home park in the cen- dinner. Alzheimer’s disease has slowly He spotted the attraction of shopping ter of town has been in limbo for nearly a claimed her. malls early, understood the importance of lo- decade as the park’s owner tried to sell. ‘‘It’s the worst damn disease,’’ he says. She cation, pinched pennies, negotiated hard Pomerleau stepped in earlier this year. His speaks very little, but still holds his hand with his lenders, gave up higher rents for a wife’s two caregivers live at Shelburnewood and kisses him, he says. percentage of a store’s gross. and asked him for advice. They were worried ‘‘Come back tomorrow night,’’ he says as He has transferred ownership of many of about the future of their modest homes. he ushers out his visitors. ‘‘We’re putting up his holdings to his children, about $50 mil- He decided to buy the mobile home park, more lights. It’s going to look even better.’’ lion worth, he says. Ernie Pomerleau, 65, replace the aging and inadequate water and ‘This business doesn’t happen by itself’ runs the day-to-day operations of the family sewer lines and give the park it to its resi- Antonio B. Pomerleau made his first mil- businesses and does many of his own deals. dents. He will retain another six acres of the lion before he was 45 and has made millions So what is the elder Pomerleau’s role? 18-acre parcel for possible future develop- more since. His supermarket-anchored strip ‘‘I’m the boss,’’ Tony Pomerleau insists. ment. malls dot nearly two dozen towns in ‘‘I’m doing deals every day . . . moving that It is one of many acts of charitable giving Vermont and upstate New York. He and his furniture store to Main Street in Newport. I that have become a bigger part of what peo- son Ernie have a staff of 25 to help run their got the Merchants Bank moving into my ple know about Pomerleau. There are the an- real estate businesses. building in South Burlington . . . lots of nual children’s Christmas parties in Bur- But here is the patriarch, spending a sunny deals.’’ lington and Newport, the party for 1,200 November afternoon in the artificial light of His speech occasionally stutters. ‘‘And and Vermont National Guardsmen and their a windowless Newport bowling alley two and so so so . . .’’ he growls. It’s not clear spouses. There have been million-dollars hours drive from his Burlington home, talk- whether he’s lost his train of thought, or is gifts to St. Michael’s College, the YMCA and ing intently and at length to a tenant whose simply determined to hold the floor until to a fund to help mobile home residents re- lease payment cannot amount to more than he’s ready for the next sentence. build after last year’s tropical storm. loose change in the Pomerleau business. He still calculates dollars and cents in his He is scornful of businesspeople who, their There are gumball machines along the head and appears never to have forgotten a fortunes made in Vermont, move their offi- wall, a Nascar-themed light over the pool number. cial residence to Florida to avoid higher table and an echoing feel to the place. A lone ‘‘Now Price Chopper,’’ he begins, and out- taxes. ‘‘It’s wrong,’’ he’ll say. ‘‘You made father and son hurl heavy balls down one of lines precisely what the CEO of the grocery your money here and Vermont needs you. I the 10 lanes. chain expected to gross at a new store in pay very big taxes and I never complain.’’ ‘‘How’s it going?’’ Pomerleau asks as he Champlain, N. Y., and what Pomerleau told Now, he sits down with Bohne and lowers himself carefully into a plastic chair him he would gross—and just how wrong Gobeille. beside a row of bowling balls. Price Chopper was and just how right Tony ‘‘First of all, I never went into a deal in ‘‘About like last year,’’ Yvan Parenteau, Pomerleau was: many million dollars right— my life knowing I was going to lose money,’’ the alley’s owner, says. ‘‘but don’t put that in the paper,’’ he says of he says. ‘‘The main reason I’m doing this, ‘‘That wasn’t too good,’’ Pomerleau says. the exact figure he names. ‘‘Price Chopper these people didn’t know where the hell they In fact, the business is struggling. wouldn’t like it.’’ were going to go.’’ Parenteau has trouble making the rent. He ‘‘I make more money today than I ever He’s in the driver’s seat. He has agreed in is worried about his fate if the mall is con- made in my life, and I don’t need it. I give it principle to give the town a right-of-way for verted to a convention center. Pomerleau away,’’ he says. ‘‘I’m not old, I’m here every a new road through the Shelburnewood prop- makes no promises, only says no deal has day making all kinds of deals. Everybody has erty. The town has a change in configuration been signed yet. ‘‘I never skin a bear until a time limit—except me.’’ to suggest. Bohne and Gobeille deploy argu- I’ve shot it,’’ he’s been telling everyone he No regrets, no failures, no mistakes ments. meets today. It is a long drive from Burlington to New- Pomerleau immediately makes clear he is After an hour, Pomerleau pushes himself port and back. Grace drives, but her father is not interested. Making changes would mean up and says goodbye. He climbs into his Mer- in control. a longer time line for getting the project ‘‘Turn here,’’ he says. As the miles pass by: cedes for the trip back to Burlington. done. ‘‘Now you see my life. This business ‘‘Don’t go that way . . . go this way . . . ‘‘This would cause a lot of delay and I’m doesn’t happen by itself,’’ he says of his real don’t miss the turn . . . keep going, I’ll show not quite as young as you,’’ he tells them. ‘‘You’ve got another 10 years,’’ Gobeille estate empire. you where to stop.’’ It’s a long enough trip for dozens of famil- He lists communities where bowling alleys, joshes. iar anecdotes starring Tony Pomerleau: The ‘‘Oh no question, no question,’’ Pomerleau some of which he built, have closed. Chang- ‘‘$237,000 profit in 90 days’’ story. The ‘‘I says and changes tack. ‘‘No question your ing times, he says. He has adjusted probably opened the first self-service super- idea is good, but I don’t want to do it. I don’t Parenteau’s rent, allowing him to pay more market in the country’’ story. The ‘‘how I want to delay it for those people. It would in the winter, less in summer. He has sug- beat two sharp guys from Boston in a real es- kill them.’’ gested prize-giving gimmicks to draw in cus- tate deal and made a couple million’’ story. Bohne and Gobeille make one more pitch, tomers, and arranged for the bowling alley The car passes White’s Tree Farm on then accept his refusal and drop their pro- to have a more prominent sign on the road. Vermont 15 in Essex. Hundreds of tiny posal. Later, Parenteau will say of Pomerleau, Christmas trees grow in long rows. Pomerleau repeats his objections anyway, ‘‘You couldn’t have a better landlord.’’ ‘‘There’s a guy looking 20 years ahead,’’ he one last time. Still, Pomerleau says, ‘‘If he can’t pay the says and notes that he recently bought 18 ‘‘For me, I think I’d rather stay with my rent, he won’t be here next year.’’ acres across from the family’s expanding plan. I might live another 10 years. Five, no ‘I’m the boss’ shopping center in Milton. Sometime in the question, but 10. . . .’’ A stairlift descends almost noiselessly future ‘‘it’ll be worth two, three times what ‘Everybody has a time limit’ from the third floor at Follett House, the el- I paid.’’ Pomerleau pushes open the gate in the egant 19th-century Burlington mansion the ‘‘There’s a time limit on everything—ex- wrought-iron fence that surrounds the fam- Pomerleaus saved and restored as their of- cept me,’’ he says. ily plot at Resurrection Park Cemetery in fices. Tony Pomerleau climbs off the lift, A reporter, probing, asks about him about South Burlington. ‘‘Plot’’ seems an inad- which he has used since a knee injury. failures, deals that didn’t work out. equate word for this cemetery within a cem- ‘‘Hello, hello, hello,’’ he greets a visitor ‘‘I don’t remember any,’’ he says. Earlier, etery. and leads the way into his office. He is sur- it was suggested that his proposal for high A colonnade of pointed cedars leads to a rounded by signs of success, from the mil- rises on the Burlington waterfront—rejected backless fac¸ade modeled on a Greek temple, lion-dollar view of Lake Champlain outside by the city in the early 1980s—might be con- its columns also recalling those at Follett the window, to the picture of himself with sidered a failure. He brushed the thought House. President Reagan. aside. ‘‘I like columns,’’ he says. He guides two He rises each day, puts on a suit and tie Big regrets in his 95 years? visitors past the statue of the Virgin Mary, and goes to the office. He takes business ‘‘No regrets,’’ he says. past a bird bath, granite planters, stone calls over breakfast and into the dinner His biggest mistake? benches, all carefully swathed in plastic for hour. There is a long pause. the winter. The flowers are beautiful in sum- The Pomerleau family owns shopping cen- ‘‘The toughest was the wholesale business, mer, he says. ters in 18 Vermont communities and four in but I made a success of it,’’ he says. ‘‘This was all my idea. I didn’t ask any- New York. Most are strip malls anchored by ‘I’m not quite as young as you’ body. Didn’t want them to tell me what to a supermarket. They are small by compari- It’s 8:30 in the morning when Pomerleau do,’’ he says. He jokes, ‘‘My kids would prob- son with a University Mall or the Williston walks into the conference room at the ably put me in the woods.’’

VerDate Mar 15 2010 01:51 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.029 S27NOPT1 jbell on DSK7SPTVN1PROD with S6942 CONGRESSIONAL RECORD — SENATE November 27, 2012 ‘‘This is my father here, and my mother,’’ our Nation well in positions of increas- veloped a specialty in education law as he says, stopping by a row of five stones ing responsibility. I look forward to an outgrowth of representing teacher where he has moved the bodies of his par- watching her career closely. Babs and unions. ents, an uncle and an aunt. In an opposite Andy are truly the best our country I have known and respected Duane line are the stones for the two daughters, Beeson for many years, since my hus- Anne Marie and Ellen, he lost to cancer. has to offer. I and my staff wish her the ‘‘Go over there,’’ he says, ‘‘Look at that very best in her next assignment and band Stewart went to work at Duane’s one.’’ In a little nook off the main lawn, sits beyond.∑ firm as a young attorney. As Duane a stone for Jay Lefebvre, the family’s house- f turns 90 and is honored with the Peggy keeper of 40 years. Browning Fund Award, it is my pleas- ‘‘I told her before she died, you are part of TRIBUTE TO DUANE BEESON ure to salute and celebrate his long and the family, you are going to be here with ∑ Mrs. BOXER. Mr. President, I would distinguished career representing the us,’’ he says. like to take this opportunity to com- working people of California. He is He walks slowly toward the line of col- mend the renowned attorney Duane truly one of a kind.∑ umns that serves as a dramatic backdrop. He Beeson, who is being honored this year climbs up three steps. Here, at the head of f the family, a bit above them all, a pair of with the Peggy Browning Fund Award TRIBUTE TO DR. KNOX MELLON in recognition of his tireless efforts and massive, polished slabs are set in the ground. ∑ Mrs. BOXER. Mr. President, I wish to Pomerleau’s name is carved on one, his outstanding achievements on behalf of wife’s on the other. working men and women in the San take this opportunity to recognize the The man who constantly jokes that St. Francisco Bay area. extraordinary service of Dr. Knox Mel- Peter has forgotten him has nevertheless As senior partner in the law firm of lon who is retiring from the California prepared. Beeson, Tayer & Bodine, Duane Beeson Missions Foundation after 8 years as But Tony, one of his visitors asks, what is one of the Nation’s leading practi- its executive director. Though he will about ‘‘everybody has a time limit—except be missed, his contributions to the tioners of public and private sector me’’? field of historic preservation will ben- labor law, including representation of ‘‘This is just in case,’’ he says. efit generations to come. employee benefit plans. He is a member f Dr. Mellon has had a long and distin- of the California State Bar, the Su- ADDITIONAL STATEMENTS guished career in the field of historic preme Court of the United States Bar, preservation. In 1977, he was appointed f and several United States District as California’s first professional State Courts and Courts of Appeal Bars. TRIBUTE TO MAJOR ALISON Historic Preservation Officer by Gov- Duane Beeson was born in Berkeley, KAMATARIS ernor Jerry Brown. He served in that CA in 1922 and graduated from Berke- position until 1983 and then branched ∑ Ms. AYOTTE. Mr. President, today I ley High School, where he met his fu- want to honor my Air Force legislative out on his own, starting Knox Mellon ture wife, Coni. After serving in the and Associates, a consulting firm spe- fellow, active duty MAJ Alison ‘‘Babs’’ U.S. Army in the European theater in cializing in historic preservation, oral Kamataris. For the past year, Babs has World War II, Duane graduated summa history, historic research, and stra- been an invaluable member of my leg- cum laude from Lafayette College and tegic planning. Dr. Mellon’s firm islative team. earned his LL.B. at Harvard Law worked on a number of historic build- Babs has served with honor and dis- School in 1948. ings in Southern California, including tinction in the United States Air Force Following law school, Mr. Beeson the Downtown Central Library in Los for nearly 15 years. She is an accom- served as clerk for Judge William E. Angeles, Los Angeles City Hall, the plished Air Force intelligence officer— Orr at the United States Court of Ap- Beverly Hills Hotel, and the L.A. Coli- representing the best our military has peals for the Ninth Circuit and was an seum. During the same time, Dr. Mel- to offer. Her career has included a tour instructor at the University of San lon also found time in his busy sched- in Turkey and two tours in South Francisco Law School. As a leading ex- ule to serve as an Adjunct Professor of Korea, as well as six deployments to pert on labor law, he has also taught at History at the University of California, Iraq and Afghanistan. In Congress, she Hastings College of the Law, George Riverside, as well as the Director of the has been a critical asset to my legisla- Washington Law School, the Univer- Mission Inn Foundation. In 2000, Dr. tive team, where she has used her tre- sity of California Extension, and the Mellon was appointed to a second term mendous knowledge and experience to University of San Francisco Labor as California’s State Historic Preserva- help me in my efforts to serve those Management School. tion Officer, this time by Governor who serve us, and ensure that our brave In 1950, Mr. Beeson moved to Wash- Gray Davis. In 2004, he retired from servicemembers have the resources ington, DC, where he worked for 11 State service and became the executive they need to carry out their missions years as an attorney for the National director of the nonprofit California and protect our country. Labor Relations Board, handling appel- Missions Foundation. Babs was a natural fit for our office. late and Supreme Court litigation. In Founded in 1998, the California Mis- She grew up in Belmont, NH and at- 1961, the Beesons had the opportunity sions Foundation is the only organiza- tended Norwich University in Vermont. to return to their beloved California tion dedicated solely to the long-term She possesses that rugged, hard- when Duane was hired by Joseph preservation and restoration of Califor- working, do-it-yourself attitude for Grodin, the great labor lawyer and nia’s 21 missions. Early in Dr. Mellon’s which Granite Staters are known. We later California Supreme Court Jus- tenure as executive director, we also share a personal connection as Air tice, to represent teachers unions in worked together with Congressman Force families. Not only has Babs the Bay area. Mr. Beeson became a SAM FARR and Senator DIANNE FEIN- served our country in the Air Force partner in the firm, which was then STEIN to pass the California Missions with distinction, but her husband has known as Brundage Neyhart Grodin & Preservation Act. At a 2005 event to too. Like my husband Joe, Babs’ hus- Beeson and is now Beeson, Tayer & celebrate this new law, Dr. Mellon elo- band Andy is an A–10 pilot. In fact, Bodine. quently discussed the historic value of Andy deployed to Afghanistan for 4 In the 1970s and 80s, Joe Grodin and California’s missions, which are the months this year while Babs worked in Duane Beeson led their firm into the most visited historic attractions in the my office and served as a conscientious areas of employment benefits covered State: mother to her beautiful 3-year-old by ERISA and related fields in which The missions are California’s Pyramids. daughter, Taylor. Babs and her family labor organizations are involved. More They are a part of our past. They help sym- deserve our deep admiration and grati- recently, the firm has become active in bolize the nation’s western beginnings. Of all tude for their service to our country. employment law of all kinds—includ- the institutions that define California’s her- As Babs’ tenure in our office comes ing mediation and negotiation-facilita- itage, none has the historic significance and emotional impact of the chain of Spanish to a conclusion, we are sad to see her tion services along with representation missions that stretch from San Diego to go. We will always consider Babs and of individual employees in wage and Sonoma. The missions are an important part her entire Air Force family as part of hour, discrimination, harassment, and of the state’s cultural fabric and must be our team. Babs will continue to serve other types of cases—and has also de- preserved as priceless historic monuments.

VerDate Mar 15 2010 01:51 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.029 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6943 During Dr. Mellon’s tenure as execu- rector for the University of Alabama, which is presented annually by the tive director, the California Missions Mal Moore. foundation to an athletic director who Foundation received a number of Coach Moore was born in Dozier, AL has demonstrated superior administra- grants to preserve and restore Califor- in 1939. He was recruited and awarded tive abilities and shown outstanding nia’s missions, including four grants an athletic scholarship by the leg- dedication to college athletics and par- from the Department of Interior total- endary coach Paul ‘‘Bear’’ Bryant. He ticularly college football. ing $2.28 million. With those funds, the played for the Crimson Tide from 1958– Coach Mal Moore has been part of the California Missions Foundation was 1962, including on the undefeated 1961 University of Alabama and Crimson able to repair some of the extensive national championship squad—ranked Tide football as a student-athlete, earthquake damage at Mission San #1 by the Associated Press and consid- coach and administrator for more than Miguel; complete a seismic retrofit at ered by many to be one of the best 50 years. He has left an indelible mark Mission San Luis Rey; and stabilize ever. He graduated from the University at the Capstone, and his leadership will buildings and preserve artwork and ar- of Alabama in 1963, and began his be felt by Alabama students and staff tifacts at the Carmel and Santa Bar- coaching career as an assistant at Mon- for generations to come. bara missions. tana State. It’s a pleasure and honor for me to California’s residents and visitors Having displayed leadership that recognize a great leader, a great ath- alike benefit from Dr. Mellon’s hard clearly impressed Coach Bryant, Coach letic director and a great man from the work, expertise, and vision each time Moore was hired away from Montana heartland of my State of Alabama. I they visit one of California’s beautiful State to serve as a graduate assistant look forward to enjoying the fruits of and historic missions. at his alma mater, where he received his labors for years to come. Roll I thank Dr. Mellon for his service to his master’s degree. From there he em- Tide!∑ the State of California, and wish him barked on a highly successful 31 year and his wife Carlotta the very best as coaching career, which included stints f they embark on the next exciting at Notre Dame, the NFL and for na- MESSAGES FROM THE PRESIDENT phase of their lives.∑ tional championship teams under both Messages from the President of the f Coach Bryant and Coach Gene Stal- United States were communicated to REMEMBERING RUTH SINGER lings at Alabama. In 1999, he was the Senate by Mr. Pate, one of his sec- MEYERS named the Crimson Tide’s athletics di- retaries. ∑ rector, a position he still holds. Mrs. BOXER. Mr. President, today I Coach Mal Moore is a champion. He f rise in memory of my dear friend Ruth has been a part of nine national cham- EXECUTIVE MESSAGES REFERRED Singer Meyers, who died in Los Angeles pionships—1961, 1964, 1965, 1973, 1978, last month after a brief but valiant 1979, 1992, 2009 and 2011—with the first In executive session the Presiding Of- fight with cancer. coming as a player, the next six during ficer laid before the Senate messages Ruth was a philanthropist, a commu- his coaching career and the most re- from the President of the United nity leader, and a champion of Israel cent two during his time as athletics States submitting sundry nominations and a strong U.S.-Israel relationship. director. During his tenure as athletic which were referred to the appropriate She was also a kind, warm, and caring director, Alabama has gone on to win committees. human being who had countless good (The messages received today are friends and deeply loved her husband, seven national championships in four different sports: football in 2009 and printed at the end of the Senate pro- children, and grandchildren. ceedings.) Born Ruth Lazarus in Wilmington, 2011; gymnastics under Coach Sarah DE, Ruth moved to California as a girl Patterson in 2002, 2011 and 2012; wom- f with her family. After graduating from en’s golf in 2012 and women’s softball in 2012. MEASURES PLACED ON THE Beverly Hills High School and UCLA, CALENDAR she married and had two sons, Rick In addition to the success the univer- and Anthony. When her boys grew up sity has seen on the fields, courses and The following bill was read the sec- and went off to college, Ruth dedicated arenas under Coach Mal Moore, he has ond time, and placed on the calendar: herself to charitable work, the Jewish transformed the University of Ala- S. 3637. A bill to temporarily extend the community, and Israel. bama’s athletics program, improving transaction account guarantee program, and Ruth’s energy, dedication, and fund- the University for all students and stu- for other purposes. raising abilities were legendary in dent-athletes. Coach Moore has raised f charitable circles. She served on the more than $200 million for capital im- Board of Governors of Cedars-Sinai provements to make the Capstone’s fa- EXECUTIVE AND OTHER Hospital, the Board of Directors of the cilities among the best in the Nation; COMMUNICATIONS Venice Family Clinic, the Inter- improving Bryant-Denny Stadium, The following communications were national Board of Governors of Tel Coleman Coliseum, John and Ann laid before the Senate, together with Aviv University, and the National Rhoads Softball Stadium as well as the accompanying papers, reports, and doc- Board of the United Jewish Appeal. As soccer and tennis stadiums. His efforts uments, and were referred as indicated: missions chairman for the Jewish Fed- to improve student-athlete academics EC–8092. A communication from the Dep- eration of Los Angeles, she led dozens have led the Crimson Tide to high uty Bureau Chief, Public Safety and Home- of community trips to Israel. She also graduation rates and have made Ala- land Security Bureau, Federal Communica- served as the Los Angeles chairman of bama athletes among the most com- tions Commission, transmitting, pursuant to the American Israel Public Affairs petitive academically. law, the report of a rule entitled ‘‘Amend- Coach Moore’s sizable contributions ment of Part 90 of the Commission’s Rules; Committee and became a national offi- Implementing a Nationwide, Broadband, cer in the organization. to University of Alabama athletics and academics have been noticed and rec- Interoperable Public Safety Network in the On behalf of the people of California, 700 MHz Band; Service Rules for the 698–746; who have benefited so much from ognized by the University of Alabama, 747–762 and 777–792 MHz Bands; Fourth Re- Ruth’s life and work, I send my deepest the State of Alabama and nationally. port and Order, FCC 12–61’’ (FCC 12–61) re- gratitude and condolences to her hus- In 2007, the Alabama football building ceived in the Office of the President of the band, Mickey Meyers, as well as her was renamed the Mal M. Moore Ath- Senate on November 13, 2012; to the Com- sons and grandchildren. I know they letic Facility. The Alabama Sports mittee on Commerce, Science, and Transpor- and many others will miss this wonder- Hall of Fame named Coach Moore the tation. EC–8093. A communication from the Chief ful woman, as will I. ∑ Distinguished Alabama Sportsman in 2007 for his efforts as athletics director, of Staff, Wireless Telecommunications Bu- f reau, Federal Communications Commission, and inducted him into the Hall of Fame TRIBUTE TO MAL MOORE transmitting, pursuant to law, the report of in 2011. Recently, the National Foot- a rule entitled ‘‘Amendment of the Amateur ∑ Mr. SESSIONS. Mr. President, today ball Foundation recognized Coach Service Rules Governing Qualifying Exam- I wish to pay tribute to the athletic di- Moore with the John L. Toner Award, ination Systems and Other Matters, et. al.’’

VerDate Mar 15 2010 01:51 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G27NO6.026 S27NOPT1 jbell on DSK7SPTVN1PROD with S6944 CONGRESSIONAL RECORD — SENATE November 27, 2012 (FCC 12–121) received in the Office of the ‘‘Safety Zone; Wedding Reception Fireworks EC–8111. A communication from the Direc- President of the Senate on November 13, at Pier 24, San Francisco, CA’’ ((RIN1625– tor of the Regulatory Management Division, 2012; to the Committee on Commerce, AA00) (Docket No. USCG–2012–0661)) received Environmental Protection Agency, transmit- Science, and Transportation. during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- EC–8094. A communication from the Chief, fice of the President of the Senate on Sep- titled ‘‘Approval and Promulgation of Imple- Public Safety and Homeland Security Bu- tember 26, 2012; to the Committee on Com- mentation Plans; Tennessee; Regional Haze reau, Federal Communications Commission, merce, Science, and Transportation. State Implementation Plan; Best Available transmitting, pursuant to law, the report of EC–8102. A communication from the Attor- Retrofit Technology Requirements for East- a rule entitled ‘‘Implementing Public Safety ney-Advisor, U.S. Coast Guard, Department man Chemical Company’’ (FRL No. 9752–5) Broadband Provisions of the Middle Class of Homeland Security, transmitting, pursu- received in the Office of the President of the Tax Relief and Job Creation Act of 2012’’ re- ant to law, the report of a rule entitled Senate on November 14, 2012; to the Com- ceived in the Office of the President of the ‘‘Safety Zone; Cleveland National Air Show, mittee on Environment and Public Works. Senate on November 13, 2012; to the Com- Cleveland, OH’’ ((RIN1625–AA00) (Docket No. EC–8112. A communication from the Direc- mittee on Commerce, Science, and Transpor- USCG–2012–0814)) received during adjourn- tor of the Fish and Wildlife Service, Depart- tation. ment of the Senate in the Office of the Presi- ment of the Interior, transmitting, pursuant EC–8095. A communication from the Attor- dent of the Senate on September 26, 2012; to to law, the annual report of the Fish and ney-Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and Wildlife Service on reasonably identifiable of Homeland Security, transmitting, pursu- Transportation. expenditures for the conservation of endan- ant to law, the report of a rule entitled EC–8103. A communication from the Direc- gered and threatened species by Federal and ‘‘Safety Zone; Seafood Festival Fireworks tor of the Regulatory Management Division, State agencies for fiscal year 2011; to the Display, Marquette, MI’’ ((RIN1625–AA00) Environmental Protection Agency, transmit- Committee on Environment and Public (Docket No. USCG–2012–0765)) received dur- ting, pursuant to law, the report of a rule en- Works. ing adjournment of the Senate in the Office titled ‘‘Dinotefuran; Pesticide Tolerances’’ EC–8113. A communication from the Pro- of the President of the Senate on September (FRL No. 9365–1) received in the Office of the gram Manager, Centers for Medicare and 26, 2012; to the Committee on Commerce, President of the Senate on November 14, Medicaid Services, Department of Health Science, and Transportation. 2012; to the Committee on Agriculture, Nu- and Human Services, transmitting, pursuant EC–8096. A communication from the Attor- trition, and Forestry. to law, the report of a rule entitled ‘‘Medi- ney-Advisor, U.S. Coast Guard, Department EC–8104. A communication from the Direc- care Program; Medicare Part B Monthly Ac- of Homeland Security, transmitting, pursu- tor of the Regulatory Management Division, tuarial Rates, Premium Rate, and Annual ant to law, the report of a rule entitled Environmental Protection Agency, transmit- Deductible Beginning January 1, 2013’’ ‘‘Safety Zone; Tom Lyons Productions Fire- ting, pursuant to law, the report of a rule en- (RIN0938–AR16) received during adjournment works, Long Island Sound, Sands Point, NY’’ titled ‘‘1,4-Dimethylnaphthalene; Amend- of the Senate in the Office of the President ((RIN1625–AA00) (Docket No. USCG–2012– ment to an Exemption from the Requirement of the Senate on November 19, 2012; to the 0618)) received during adjournment of the of a Tolerance’’ (FRL No. 9368–2) received in Committee on Finance. Senate in the Office of the President of the the Office of the President of the Senate on EC–8114. A communication from the Pro- Senate on September 26, 2012; to the Com- November 14, 2012; to the Committee on Ag- gram Manager, Centers for Medicare and mittee on Commerce, Science, and Transpor- riculture, Nutrition, and Forestry. Medicaid Services, Department of Health EC–8105. A communication from the Direc- tation. and Human Services, transmitting, pursuant tor of the Regulatory Management Division, EC–8097. A communication from the Attor- to law, the report of a rule entitled ‘‘Medi- Environmental Protection Agency, transmit- ney-Advisor, U.S. Coast Guard, Department care Program; Part A Premiums for CY 2013 ting, pursuant to law, the report of a rule en- of Homeland Security, transmitting, pursu- for the Uninsured Aged and for Certain Dis- titled ‘‘Flonicamid; Pesticide Tolerances’’ ant to law, the report of a rule entitled abled Individuals Who Have Exhausted Other (FRL No. 9368–7) received in the Office of the ‘‘Safety Zone; Boston Harbor’s Rock Re- Entitlement’’ (RIN0938–AR15) received dur- President of the Senate on November 14, moval Project, Boston Inner Harbor, Boston, ing adjournment of the Senate in the Office 2012; to the Committee on Agriculture, Nu- MA’’ ((RIN1625–AA00) (Docket No. USCG– trition, and Forestry. of the President of the Senate on November 2012–0767)) received during adjournment of EC–8106. A communication from the Assist- 19, 2012; to the Committee on Finance. the Senate in the Office of the President of ant Secretary of Defense (Global Strategic EC–8115. A communication from the Pro- the Senate on September 26, 2012; to the Affairs), transmitting, pursuant to law, a re- gram Manager, Centers for Medicare and Committee on Commerce, Science, and port relative to the obligation and expendi- Medicaid Services, Department of Health Transportation. ture of funds for the implementation of Co- and Human Services, transmitting, pursuant EC–8098. A communication from the Attor- operative Threat Reduction (CTR) program to law, the report of a rule entitled ‘‘Medi- ney-Advisor, U.S. Coast Guard, Department activities (DCN OSS–2012–1698); to the Com- care Program; Inpatient Hospital Deductible of Homeland Security, transmitting, pursu- mittee on Armed Services. and Hospital and Extended Care Services Co- ant to law, the report of a rule entitled EC–8107. A communication from the Assist- insurance Amounts for CY 2013’’ (RIN0938– ‘‘Safety Zone; Swim Around Charleston, ant Secretary of Defense (Legislative Af- AR14) received during adjournment of the Charleston, SC’’ ((RIN1625–AA00) (Docket No. fairs), transmitting, pursuant to law, a re- Senate in the Office of the President of the USCG–2012–0137)) received during adjourn- port of the submission of a certification of Senate on November 19, 2012; to the Com- ment of the Senate in the Office of the Presi- renewal pertaining to a collection of photo- mittee on Finance. dent of the Senate on September 26, 2012; to graphs assembled by the Department of De- EC–8116. A communication from the Pro- the Committee on Commerce, Science, and fense that were taken in the period between gram Manager, Centers for Medicare and Transportation. September 11, 2001 and January 22, 2009; to Medicaid Services, Department of Health EC–8099. A communication from the Attor- the Committee on Armed Services. and Human Services, transmitting, pursuant ney-Advisor, U.S. Coast Guard, Department EC–8108. A communication from the Gen- to law, the report of a rule entitled ‘‘Medi- of Homeland Security, transmitting, pursu- eral Counsel of the Federal Housing Finance care and Medicaid Programs; Electronic ant to law, the report of a rule entitled Agency, transmitting, pursuant to law, the Health Record Incentive Program—Stage 2’’ ‘‘Safety Zone; Apache Pier Labor Day Fire- report of a rule entitled ‘‘2012–2014 Enterprise (RIN0938–AQ84) received during adjournment works; Myrtle Beach, SC’’ ((RIN1625–AA00) Housing Goals’’ (RIN2590–AA49) received in of the Senate in the Office of the President (Docket No. USCG–2012–0727)) received dur- the Office of the President of the Senate on of the Senate on August 27, 2012; to the Com- ing adjournment of the Senate in the Office November 15, 2012; to the Committee on mittee on Finance. of the President of the Senate on September Banking, Housing, and Urban Affairs. EC–8117. A communication from the Assist- 26, 2012; to the Committee on Commerce, EC–8109. A communication from the Ad- ant Secretary, Legislative Affairs, Depart- Science, and Transportation. ministrator and Chief Executive Officer, ment of State, transmitting, certification of EC–8100. A communication from the Attor- Bonneville Power Administration, Depart- proposed issuance of an export license pursu- ney-Advisor, U.S. Coast Guard, Department ment of Energy, transmitting, pursuant to ant to section 36(c) of the Arms Export Con- of Homeland Security, transmitting, pursu- law, the Administration’s Annual Report for trol Act (Transmittal No. DDTC 12–149); to ant to law, the report of a rule entitled fiscal year 2012; to the Committee on Energy the Committee on Foreign Relations. ‘‘Safety Zone; Bostock 50th Anniversary and Natural Resources. EC–8118. A communication from the Assist- Fireworks, Long Island Sound; Manursing Is- EC–8110. A communication from the Direc- ant Secretary, Bureau of Political-Military land, NY’’ ((RIN1625–AA00) (Docket No. tor of Congressional Affairs, Nuclear Regu- Affairs, Department of State, transmitting, USCG–2012–0385)) received during adjourn- latory Commission, transmitting, pursuant pursuant to law, an addendum to a certifi- ment of the Senate in the Office of the Presi- to law, the report of a rule entitled ‘‘Inserv- cation, transmittal number: DDTC 12–120, of dent of the Senate on September 26, 2012; to ice Inspection of Prestressed Concrete Con- the proposed sale or export of defense arti- the Committee on Commerce, Science, and tainment Structures with Grouted Tendons’’ cles and/or defense services to a Middle East Transportation. (Regulatory Guide 1.90, Revision 2) received country regarding any possible affects such a EC–8101. A communication from the Attor- during adjournment of the Senate in the Of- sale might have relating to Israel’s Quali- ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on No- tative Military Edge over military threats to of Homeland Security, transmitting, pursu- vember 19, 2012; to the Committee on Envi- Israel; to the Committee on Foreign Rela- ant to law, the report of a rule entitled ronment and Public Works. tions.

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.015 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6945 EC–8119. A communication from the Assist- Department’s fiscal year 2012 Annual Finan- States; Bluefish Fishery; Commercial Quota ant Secretary, Legislative Affairs, Depart- cial Report; to the Committee on Homeland Harvested for the Commonwealth of Massa- ment of State, transmitting, pursuant to Security and Governmental Affairs. chusetts’’ (RIN0648–XC236) received during law, a report relative to Cooperative Threat EC–8131. A communication from the Direc- adjournment of the Senate in the Office of Reduction Programs (DCN OSS–2012–1697); to tor, Office of Sustainable Fisheries, Depart- the President of the Senate on October 3, the Committee on Foreign Relations. ment of Commerce, transmitting, pursuant 2012; to the Committee on Commerce, EC–8120. A communication from the Acting to law, the report of a rule entitled ‘‘Magnu- Science, and Transportation. General Counsel, National Indian Gaming son-Stevens Act Provisions; Fisheries Off EC–8139. A communication from the Acting Commission, transmitting, pursuant to law, West Coast States; Pacific Coast Groundfish Deputy Director, Office of Sustainable Fish- the report of a rule entitled ‘‘Facility Li- Fishery; Correction’’ (RIN0648–BC06) received eries, Department of Commerce, transmit- cense Notifications and Submissions’’ during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- (RIN3141–AA48) received during adjournment fice of the President of the Senate on Octo- titled ‘‘Atlantic Highly Migratory Species; of the Senate in the Office of the President ber 3, 2012; to the Committee on Commerce, Atlantic Bluefin Tuna Fisheries’’ (RIN0648– of the Senate on November 16, 2012; to the Science, and Transportation. XC162) received during adjournment of the Committee on Indian Affairs. EC–8132. A communication from the Direc- Senate in the Office of the President of the EC–8121. A communication from the Direc- tor, Office of Sustainable Fisheries, Depart- Senate on October 3, 2012; to the Committee tor of Congressional Affairs, Central Intel- ment of Commerce, transmitting, pursuant on Commerce, Science, and Transportation. ligence Agency, transmitting, pursuant to to law, the report of a rule entitled ‘‘Atlan- EC–8140. A communication from the Acting Deputy Director, Office of Sustainable Fish- law, a report relative to a vacancy in the po- tic Highly Migratory Species; Lifting Trade eries, Department of Commerce, transmit- sition of Director of the Central Intelligence Restrictive Measures’’ (RIN0648–BC16) re- ting, pursuant to law, the report of a rule en- Agency, received during adjournment of the ceived during adjournment of the Senate in titled ‘‘Magnuson-Stevens Act Provisions; Senate in the Office of the President of the the Office of the President of the Senate on Fisheries Off West Coast States; Biennial October 3, 2012; to the Committee on Com- Senate on November 19, 2012; to the Select Specifications and Management Measures; merce, Science, and Transportation. Committee on Intelligence. Inseason Adjustments’’ (RIN0648–BC36) re- EC–8122. A communication from the Acting EC–8133. A communication from the Direc- ceived during adjournment of the Senate in tor, Office of Sustainable Fisheries, Depart- Assistant Attorney General, Department of the Office of the President of the Senate on ment of Commerce, transmitting, pursuant Justice, transmitting, pursuant to law, the October 3, 2012; to the Committee on Com- to law, the report of a rule entitled ‘‘Tem- Annual Report to Congress on the implemen- merce, Science, and Transportation. tation, enforcement, and prosecution of reg- porary Rule to Establish Management Meas- EC–8141. A communication from the Acting istration requirements under Section 635 of ures for the Limited Harvest and Possession Deputy Director, Office of Sustainable Fish- the Adam Walsh Child Protection Act of of South Atlantic Red Snapper in 2012’’ eries, Department of Commerce, transmit- 2006; to the Committee on the Judiciary. (RIN0648–BC32) received during adjournment ting, pursuant to law, the report of a rule en- EC–8123. A communication from the Sec- of the Senate in the Office of the President titled ‘‘Fisheries of the Northeastern United retary of Education, transmitting, pursuant of the Senate on October 3, 2012; to the Com- States; Scup Fishery; Adjustment to the 2012 to law, the report of a rule entitled ‘‘Federal mittee on Commerce, Science, and Transpor- Winter II Quota’’ (RIN0648–XC163) received Perkins Loan Program, Federal Family Edu- tation. during adjournment of the Senate in the Of- cation Loan Program, and William D. Ford EC–8134. A communication from the Direc- fice of the President of the Senate on Octo- Federal Direct Loan Program’’ (RIN1840– tor, Office of Sustainable Fisheries, Depart- ber 3, 2012; to the Committee on Commerce, AD05) received in the Office of the President ment of Commerce, transmitting, pursuant Science, and Transportation. of the Senate on November 15, 2012; to the to law, the report of a rule entitled ‘‘Main EC–8142. A communication from the Acting Committee on Health, Education, Labor, and Hawaiian Islands Deep 7 Bottomfish Annual Deputy Director, Office of Sustainable Fish- Pensions. Catch Limits and Accountability Measures eries, Department of Commerce, transmit- EC–8124. A communication from the Chair- for 2012–13’’ (RIN0648–XC089) received during ting, pursuant to law, the report of a rule en- man of the Securities and Exchange Com- adjournment of the Senate in the Office of titled ‘‘Fisheries of the Exclusive Economic mission, transmitting, pursuant to law, the the President of the Senate on October 3, Zone Off Alaska; ‘Other Flatfish’ in the Ber- Uniform Resource Locator (URL) for the Se- 2012; to the Committee on Commerce, ing Sea and Aleutian Islands Management curities and Exchange Commission’s fiscal Science, and Transportation. Area and Greenland Turbot in the Aleutian year 2012 Agency Financial Report; to the EC–8135. A communication from the Direc- Island Subarea of the Bering Sea and Aleu- Committee on Homeland Security and Gov- tor, Office of Sustainable Fisheries, Depart- tian Islands Management Area’’ (RIN0648– ernmental Affairs. ment of Commerce, transmitting, pursuant XC082) received during adjournment of the EC–8125. A communication from the Chair- to law, the report of a rule entitled ‘‘Spiny Senate in the Office of the President of the man of the National Credit Union Adminis- Lobster Fishery of the Gulf of Mexico and Senate on October 3, 2012; to the Committee tration, transmitting, pursuant to law, the South Atlantic; Amendment 11; Correction’’ on Commerce, Science, and Transportation. Semi-Annual Report of the Inspector Gen- (RIN0648–BB44) received during adjournment EC–8143. A communication from the Acting eral for the period from April 1, 2012 through of the Senate in the Office of the President Deputy Director, Office of Sustainable Fish- September 30, 2012; to the Committee on of the Senate on October 3, 2012; to the Com- eries, Department of Commerce, transmit- Homeland Security and Governmental Af- mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- fairs. tation. titled ‘‘Snapper-Grouper Fishery of the EC–8126. A communication from the Sec- EC–8136. A communication from the Dep- South Atlantic; Accountability Measures retary of the Treasury, transmitting, pursu- uty Director, Office of Sustainable Fisheries, and Commercial Closures for Two Snapper- ant to law, the fiscal year 2012 Agency Fi- Department of Commerce, transmitting, pur- Grouper Species and Two Snapper-Grouper nancial Report for the Department of the suant to law, the report of a rule entitled Species Complexes in the South Atlantic’’ (RIN0648–XC132) received during adjourn- Treasury; to the Committee on Homeland ‘‘Fisheries of the Northeastern United ment of the Senate in the Office of the Presi- Security and Governmental Affairs. States; Summer Flounder Fishery; Commer- EC–8127. A communication from the Presi- cial Quota Harvested for the Commonwealth dent of the Senate on October 3, 2012; to the Committee on Commerce, Science, and dent and Chief Executive Officer, Overseas of Massachusetts’’ (RIN0648–XC176) received Transportation. Private Investment Corporation, transmit- during adjournment of the Senate in the Of- EC–8144. A communication from the Direc- ting, pursuant to law, a report relative to its fice of the President of the Senate on Octo- tor of Defense Procurement and Acquisition audit and investigative activities; to the ber 3, 2012; to the Committee on Commerce, Policy, Department of Defense, transmit- Committee on Homeland Security and Gov- Science, and Transportation. ting, pursuant to law, the report of a rule en- ernmental Affairs. EC–8137. A communication from the Acting titled ‘‘Defense Federal Acquisition Regula- EC–8128. A communication from the Com- Deputy Director, Office of Sustainable Fish- tion Supplement; New Free Trade Agree- missioner, Social Security Administration, eries, Department of Commerce, transmit- ment-Panama’’ ((RIN0750–AH79) (DFARS transmitting, pursuant to law, the Adminis- ting, pursuant to law, the report of a rule en- Case 2012–D044)) received in the Office of the tration’s Performance and Accountability titled ‘‘Fisheries of the Exclusive Economic President of the Senate on November 13, Report for fiscal year 2012; to the Committee Zone Off Alaska; Pacific Cod by Catcher/ 2012; to the Committee on Armed Services. on Homeland Security and Governmental Af- Processors Using Trawl Gear in the Western EC–8145. A communication from the Acting fairs. Regulatory Area of the Gulf of Alaska’’ Principal Deputy, Office of the Under Sec- EC–8129. A communication from the Direc- (RIN0648–XC211) received during adjourn- retary of Defense (Personnel and Readiness), tor, National Gallery of Art, transmitting, ment of the Senate in the Office of the Presi- transmitting a report on the approved retire- pursuant to law, the Gallery’s Performance dent of the Senate on October 3, 2012; to the ment of Lieutenant General Christopher D. and Accountability Report for the year Committee on Commerce, Science, and Miller, United States Air Force, and his ad- ended September 30, 2012; to the Committee Transportation. vancement to the grade of lieutenant general on Homeland Security and Governmental Af- EC–8138. A communication from the Acting on the retired list; to the Committee on fairs. Deputy Director, Office of Sustainable Fish- Armed Services. EC–8130. A communication from the Chief eries, Department of Commerce, transmit- EC–8146. A communication from the Acting Financial Officer, Department of Homeland ting, pursuant to law, the report of a rule en- Principal Deputy, Office of the Under Sec- Security, transmitting, pursuant to law, the titled ‘‘Fisheries of the Northeastern United retary of Defense (Personnel and Readiness),

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.017 S27NOPT1 jbell on DSK7SPTVN1PROD with S6946 CONGRESSIONAL RECORD — SENATE November 27, 2012 transmitting a report on the approved retire- Senate on November 26, 2012; to the Com- ant to sections 36(c) and 36(d) of the Arms ment of Vice Admiral David J. Venlet, mittee on Banking, Housing, and Urban Af- Export Control Act (Transmittal No. DDTC United States Navy, and his advancement to fairs. 12–137); to the Committee on Foreign Rela- the grade of vice admiral on the retired list; EC–8157. A communication from the Attor- tions. to the Committee on Armed Services. ney, Legal Division, Bureau of Consumer Fi- EC–8168. A communication from the Assist- EC–8147. A communication from the Acting nancial Protection, transmitting, pursuant ant Legal Adviser for Treaty Affairs, Depart- Principal Deputy, Office of the Under Sec- to law, the report of a rule entitled ‘‘Con- ment of State, transmitting, pursuant to the retary of Defense (Personnel and Readiness), sumer Lending (Regulation M)’’ ((RIN3170– Case-Zablocki Act, 1 U.S.C. 112b, as amended, transmitting a report on the approved retire- AD94) (Docket No. CFPB–2012–0042)) received the report of the texts and background state- ment of Vice Admiral John T. Blake, United in the Office of the President of the Senate ments of international agreements, other States Navy, and his advancement to the on November 26, 2012; to the Committee on than treaties (List 2012–0152—2012–0167); to grade of vice admiral on the retired list; to Banking, Housing, and Urban Affairs. the Committee on Foreign Relations. the Committee on Armed Services. EC–8158. A communication from the Attor- EC–8169. A communication from the Direc- EC–8148. A communication from the Sec- ney, Legal Division, Bureau of Consumer Fi- tor of Congressional Affairs, Office of Nu- retary of the Treasury, transmitting, pursu- nancial Protection, transmitting, pursuant clear Reactor Regulation, Nuclear Regu- ant to law, a six-month periodic report on to law, the report of a rule entitled ‘‘Delayed latory Commission, transmitting, pursuant the national emergency with respect to Implementation of Certain New Mortgage to law, the report of a rule entitled ‘‘Guid- Burma that was declared in Executive Order Disclosures’’ ((RIN3170–AA32) (Docket No. ance on Performing a Seismic Margin As- 13047 of May 20, 1997; to the Committee on CFPB–2012–0045)) received in the Office of the sessment in Response to the March 2012 Re- Banking, Housing, and Urban Affairs. President of the Senate on November 26, quest for Information Letter’’ (JLD–ISG– EC–8149. A communication from the Sec- 2012; to the Committee on Banking, Housing, 2012–04) received in the Office of the Presi- retary of the Treasury, transmitting, pursu- and Urban Affairs. dent of the Senate on November 26, 2012; to ant to law, a six-month periodic report on EC–8159. A communication from the Asso- the Committee on Environment and Public the national emergency with respect to the ciate Director, Office of Foreign Assets Con- Works. stabilization of Iraq that was declared in Ex- trol, Department of the Treasury, transmit- EC–8170. A communication from the Direc- ecutive Order 13303 of May 22, 2003; to the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Committee on Banking, Housing, and Urban titled ‘‘Yemen Sanctions Regulations’’ (31 Environmental Protection Agency, transmit- Affairs. CFR Part 552) received in the Office of the ting, pursuant to law, the report of a rule en- EC–8150. A communication from the Chair- President of the Senate on November 13, titled ‘‘Colorado: Final Authorization of man and President of the Export-Import 2012; to the Committee on Banking, Housing, State Hazardous Waste Management Pro- Bank, transmitting, pursuant to law, a re- and Urban Affairs. gram Revisions’’ (FRL No. 9753–6) received port relative to a transaction involving U.S. EC–8160. A communication from the Attor- during adjournment of the Senate in the Of- exports to the Republic of Ghana (Ghana); to ney, Legal Division, Bureau of Consumer Fi- fice of the President of the Senate on No- the Committee on Banking, Housing, and nancial Protection, transmitting, pursuant vember 20, 2012; to the Committee on Envi- Urban Affairs. to law, the report of a rule entitled ‘‘Truth ronment and Public Works. EC–8171. A communication from the Direc- EC–8151. A communication from the Chair- in Lending (Regulation Z)’’ (Docket No. tor of the Regulatory Management Division, man and President of the Export-Import CFPB–2012–0044) received in the Office of the Environmental Protection Agency, transmit- Bank, transmitting, pursuant to law, a re- President of the Senate on November 26, ting, pursuant to law, the report of a rule en- port relative to a transaction involving U.S. 2012; to the Committee on Banking, Housing, titled ‘‘Approval and Promulgation of Imple- exports to Australia; to the Committee on and Urban Affairs. mentation Plans; Florida; Section 128 and Banking, Housing, and Urban Affairs. EC–8161. A communication from the Attor- 110(a)(2)(E)(ii) and (G) Infrastructure Re- EC–8152. A communication from the Presi- ney, Legal Division, Bureau of Consumer Fi- quirements for the 1997 8-hour Ozone Na- dent of the Federal Financing Bank, trans- nancial Protection, transmitting, pursuant tional Ambient Air Quality Standards; Cor- mitting, pursuant to law, the Bank’s Annual to law, the report of a rule entitled ‘‘Truth rection’’ (FRL No. 9754–5) received during ad- Report for Fiscal Year 2012; to the Com- in Lending (Regulation Z)’’ (Docket No. journment of the Senate in the Office of the mittee on Banking, Housing, and Urban Af- CFPB–2012–0043) received in the Office of the President of the Senate on November 20, fairs. President of the Senate on November 26, 2012; to the Committee on Environment and EC–8153. A communication from the Chief 2012; to the Committee on Banking, Housing, Counsel, Federal Emergency Management Public Works. and Urban Affairs. EC–8172. A communication from the Direc- Agency, Department of Homeland Security, EC–8162. A communication from the Assist- tor of the Regulatory Management Division, transmitting, pursuant to law, the report of ant Secretary, Legislative Affairs, Depart- Environmental Protection Agency, transmit- a rule entitled ‘‘Debris Removal: Eligibility ment of State, transmitting, certification of ting, pursuant to law, the report of a rule en- of Force Account Labor Straight-Time Costs proposed issuance of an export license pursu- titled ‘‘Approval and Promulgation of Air under the Public Assistance Program for ant to section 36(c) of the Arms Export Con- Quality Implementation Plans; Ohio; PBR Hurricane Sandy’’ ((44 CFR Part 206) (Docket trol Act (Transmittal No. DDTC 12–103); to and PTIO’’ (FRL No. 9753–7) received during No. FEMA–2012–0004)) received in the Office the Committee on Foreign Relations. adjournment of the Senate in the Office of of the President of the Senate on November EC–8163. A communication from the Assist- the President of the Senate on November 20, 26, 2012; to the Committee on Banking, Hous- ant Secretary, Legislative Affairs, Depart- 2012; to the Committee on Environment and ing, and Urban Affairs. ment of State, transmitting, certification of Public Works. EC–8154. A communication from the Chief proposed issuance of an export license pursu- EC–8173. A communication from the Direc- Counsel, Federal Emergency Management ant to section 36(c) of the Arms Export Con- tor of the Regulatory Management Division, Agency, Department of Homeland Security, trol Act (Transmittal No. DDTC 12–066); to Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of the Committee on Foreign Relations. ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Suspension of Community EC–8164. A communication from the Assist- titled ‘‘Withdrawal of Approval of Air Qual- Eligibility’’ ((44 CFR Part 64) (Docket No. ant Secretary, Legislative Affairs, Depart- ity Implementation Plans and Findings of FEMA–2012–0003)) received in the Office of ment of State, transmitting, certification of Failure to Submit Required Plans; Cali- the President of the Senate on November 26, proposed issuance of an export license pursu- fornia; San Joaquin Valley; 1-Hour and 8- 2012; to the Committee on Banking, Housing, ant to section 36(c) of the Arms Export Con- Hour Ozone Extreme Area Plan Elements’’ and Urban Affairs. trol Act (Transmittal No. DDTC 12–113); to (FRL No. 9753–4) received during adjourn- EC–8155. A communication from the Chief the Committee on Foreign Relations. ment of the Senate in the Office of the Presi- Counsel, Federal Emergency Management EC–8165. A communication from the Assist- dent of the Senate on November 20, 2012; to Agency, Department of Homeland Security, ant Secretary, Legislative Affairs, Depart- the Committee on Environment and Public transmitting, pursuant to law, the report of ment of State, transmitting, certification of Works. a rule entitled ‘‘Suspension of Community proposed issuance of an export license pursu- EC–8174. A communication from the Direc- Eligibility’’ ((44 CFR Part 64) (Docket No. ant to section 36(c) of the Arms Export Con- tor of the Regulatory Management Division, FEMA–2012–0003)) received in the Office of trol Act (Transmittal No. DDTC 12–152); to Environmental Protection Agency, transmit- the President of the Senate on November 26, the Committee on Foreign Relations. ting, pursuant to law, the report of a rule en- 2012; to the Committee on Banking, Housing, EC–8166. A communication from the Assist- titled ‘‘Approval of Air Quality Implementa- and Urban Affairs. ant Secretary, Legislative Affairs, Depart- tion Plans; California; San Joaquin Valley EC–8156. A communication from the Sec- ment of State, transmitting, certification of and South Coast; Attainment Plan for the retary, Division of Investment Management, proposed issuance of an export license pursu- 1997 8-hour Ozone Standards; Technical Securities and Exchange Commission, trans- ant to section 36(c) of the Arms Export Con- Amendments’’ (FRL No. 9753–3) received dur- mitting, pursuant to law, the report of a rule trol Act (Transmittal No. DDTC 12–148); to ing adjournment of the Senate in the Office entitled ‘‘Purchase of Certain Debt Securi- the Committee on Foreign Relations. of the President of the Senate on November ties by Business and Industrial Development EC–8167. A communication from the Assist- 20, 2012; to the Committee on Environment Companies Relying on an Investment Com- ant Secretary, Legislative Affairs, Depart- and Public Works. pany Act Exemption’’ (RIN3235–AL02) re- ment of State, transmitting, certification of EC–8175. A communication from the Direc- ceived in the Office of the President of the proposed issuance of an export license pursu- tor of the Regulatory Management Division,

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.019 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6947 Environmental Protection Agency, transmit- S. 3641. A bill to amend the Public Health CHAMBLISS) was added as a cosponsor of ting, pursuant to law, the report of a rule en- Service Act with regard to research on asth- S. 1460, a bill to grant the congres- titled ‘‘Final Authorization of State-initi- ma, and for other purposes; to the Com- sional gold medal, collectively, to the mittee on Health, Education, Labor, and ated Changes and Incorporation by Reference First Special Service Force, in recogni- of State Hazardous Waste Management Pro- Pensions. gram’’ (FRL No. 9745–1) received during ad- By Mr. LEAHY (for himself and Mr. tion of its superior service during journment of the Senate in the Office of the KOHL): World War II. President of the Senate on November 20, S. 3642. A bill to clarify the scope of the S. 1880 2012; to the Committee on Environment and Economic Espionage Act of 1996; considered At the request of Mr. BARRASSO, the Public Works. and passed. name of the Senator from Indiana (Mr. EC–8176. A communication from the Direc- f COATS) was added as a cosponsor of S. tor of the Regulatory Management Division, 1880, a bill to repeal the health care Environmental Protection Agency, transmit- SUBMISSION OF CONCURRENT AND ting, pursuant to law, the report of a rule en- SENATE RESOLUTIONS law’s job-killing health insurance tax. titled ‘‘Approval and Promulgation of State The following concurrent resolutions S. 2212 Implementation Plans; State of New Mexico; and Senate resolutions were read, and At the request of Mrs. FEINSTEIN, the Regional Haze Rule Requirements for Man- referred (or acted upon), as indicated: name of the Senator from New York datory Class I Areas’’ (FRL No. 9755–6) re- (Mr. SCHUMER) was added as a cospon- ceived during adjournment of the Senate in By Mr. SCHUMER: S. Res. 601. A resolution commending the sor of S. 2212, a bill to clarify the ex- the Office of the President of the Senate on people of Albania on the 100th anniversary of ception to foreign sovereign immunity November 20, 2012; to the Committee on En- the declaration of their independence from set forth in section 1605(a)(3) title 28, vironment and Public Works. the Turkish Ottoman Empire on November United States Code. EC–8177. A communication from the Chief 28, 1912, and commending Albanians in Alba- S. 2347 of the Publications and Regulations Branch, nia and Kosovo for protecting and saving the Internal Revenue Service, Department of the lives of all Jews who either lived in Albania At the request of Mr. CARDIN, the Treasury, transmitting, pursuant to law, the or sought asylum there during the Holo- name of the Senator from Wisconsin report of a rule entitled ‘‘2013 Limitations caust; to the Committee on Foreign Rela- (Mr. KOHL) was added as a cosponsor of Adjusted As Provided in Section 415(d), etc.’’ tions. S. 2347, a bill to amend title XVIII of (Notice 2012–67) received during adjournment By Mr. AKAKA (for himself, Mr. the Social Security Act to ensure the of the Senate in the Office of the President INHOFE, Mr. UDALL of Colorado, and of the Senate on November 20, 2012; to the continued access of Medicare bene- Mr. CHAMBLISS): ficiaries to diagnostic imaging serv- Committee on Finance. S. Res. 602. A resolution designating 2012– EC–8178. A communication from the Direc- 2013 as the ‘‘Year of the Korean War Vet- ices. tor, Directorate of Construction, Occupa- eran’’ and recognizing the 60th anniversary S. 2474 tional Safety and Health Administration, of the Korean War; considered and agreed to. At the request of Mr. AKAKA, the transmitting, pursuant to law, the report of f name of the Senator from California a rule entitled ‘‘Revising the Exemption for (Mrs. BOXER) was added as a cosponsor ADDITIONAL COSPONSORS Digger Derricks in the Cranes and Derricks of S. 2474, a bill to improve the health in Construction Standard’’ (RIN1218–AC75) S. 392 received in the Office of the President of the of minority individuals, and for other At the request of Mr. UDALL of New Senate on November 26, 2012; to the Com- purposes. mittee on Health, Education, Labor, and Mexico, the name of the Senator from S. 2620 Pensions. South Dakota (Mr. JOHNSON) was added At the request of Mr. SCHUMER, the as a cosponsor of S. 392, a bill to sup- name of the Senator from Mississippi f port and encourage the health and (Mr. WICKER) was added as a cosponsor REPORTS OF COMMITTEES well-being of elementary school and of S. 2620, a bill to amend title XVIII of secondary school students by enhanc- The following reports of committees the Social Security Act to provide for ing school physical education and were submitted: an extension of the Medicare-depend- health education. By Mr. LIEBERMAN, from the Committee ent hospital (MDH) program and the S. 426 on Homeland Security and Governmental Af- increased payments under the Medicare At the request of Mr. SANDERS, the fairs, with an amendment in the nature of a low-volume hospital program. name of the Senator from South Da- substitute: S. 3244 S. 2178. A bill to require the Federal Gov- kota (Mr. JOHNSON) was added as a co- At the request of Mr. FRANKEN, the ernment to expedite the sale of underutilized sponsor of S. 426, a bill to strengthen Federal real property (Rept. No. 112–241). student achievement and graduation name of the Senator from Florida (Mr. RUBIO) was added as a cosponsor of S. f rates and prepare young people for col- lege, careers, and citizenship through 3244, a bill to amend the Higher Edu- INTRODUCTION OF BILLS AND innovative partnerships that meet the cation Opportunity Act to add disclo- JOINT RESOLUTIONS comprehensive needs of children and sure requirements to the institution fi- The following bills and joint resolu- youth. nancial aid offer form and to amend the Higher Education Act of 1965 to tions were introduced, read the first S. 1245 make such form mandatory. and second times by unanimous con- At the request of Mr. BLUNT, the sent, and referred as indicated: name of the Senator from Arkansas S. 3430 At the request of Mrs. SHAHEEN, the By Mrs. HUTCHISON (for herself, Mr. (Mr. BOOZMAN) was added as a cospon- name of the Senator from North Caro- KYL, and Mr. MCCAIN): sor of S. 1245, a bill to provide for the S. 3639. A bill to amend the Immigration establishment of the Special Envoy to lina (Mrs. HAGAN) was added as a co- and Nationality Act to provide secure bor- Promote Religious Freedom of Reli- sponsor of S. 3430, a bill to amend the ders and to give long-term resident youth gious Minorities in the Near East and Public Health Service Act to foster the ability to contribute to the safety and South Central Asia. more effective implementation and co- economic growth of the United States and S. 1301 ordination of clinical care for people for other purposes; to the Committee on the with pre-diabetes and diabetes. Judiciary. At the request of Mr. LEAHY, the S. 3441 By Mr. TOOMEY: names of the Senator from New Mexico S. 3640. A bill to amend title 49, United (Mr. UDALL) and the Senator from Ha- At the request of Mr. MCCAIN, the States Code, to direct the Assistant Sec- waii (Mr. INOUYE) were added as co- name of the Senator from California retary of Homeland Security, Transportation sponsors of S. 1301, a bill to authorize (Mrs. BOXER) was added as a cosponsor Security Administration, to transfer un- appropriations for fiscal years 2012 of S. 3441, a bill to provide for the claimed clothing recovered at airport secu- through 2015 for the Trafficking Vic- transfer of excess Department of De- rity checkpoints to local veterans organiza- tims Protection Act of 2000, to enhance fense aircraft to the Forest Service for tions and other local charitable organiza- measures to combat trafficking in per- wildfire suppression activities, and for tions, and for other purposes; to the Com- mittee on Commerce, Science, and Transpor- sons, and for other purposes. other purposes. tation. S. 1460 S. 3477 By Mr. LAUTENBERG (for himself and At the request of Mr. BAUCUS, the At the request of Mrs. BOXER, the Mrs. GILLIBRAND): name of the Senator from Georgia (Mr. name of the Senator from Vermont

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.021 S27NOPT1 jbell on DSK7SPTVN1PROD with S6948 CONGRESSIONAL RECORD — SENATE November 27, 2012 (Mr. LEAHY) was added as a cosponsor S. 3635 Mexico (Mr. UDALL), the Senator from of S. 3477, a bill to ensure that the At the request of Mr. COONS, the Maine (Ms. SNOWE) and the Senator United States promotes women’s mean- name of the Senator from Rhode Island from Maryland (Ms. MIKULSKI) were ingful inclusion and participation in (Mr. WHITEHOUSE) was added as a co- added as cosponsors of amendment No. mediation and negotiation processes sponsor of S. 3635, a bill to provide in- 2940 intended to be proposed to S. 3254, undertaken in order to prevent, miti- centives for States to invest in prac- an original bill to authorize appropria- gate, or resolve violent conflict and tices and technology that are designed tions for fiscal year 2013 for military implements the United States National to expedite voting at the polls and to activities of the Department of De- Action Plan on Women, Peace, and Se- simplify voter registration. fense, for military construction, and curity. S. RES. 150 for defense activities of the Depart- S. 3512 At the request of Mr. INHOFE, the ment of Energy, to prescribe military personnel strengths for such fiscal At the request of Mr. HOEVEN, the name of the Senator from Arkansas year, and for other purposes. names of the Senator from Georgia (Mr. BOOZMAN) was added as a cospon- sor of S. Res. 150, a resolution calling (Mr. CHAMBLISS) and the Senator from f for the protection of religious minority Georgia (Mr. ISAKSON) were added as SUBMITTED RESOLUTIONS cosponsors of S. 3512, a bill to amend rights and freedoms in the Arab world. subtitle D of the Solid Waste Disposal S. RES. 518 Act to facilitate recovery and bene- At the request of Ms. LANDRIEU, the SENATE RESOLUTION 601—COM- ficial use, and provide for the proper name of the Senator from South Caro- MENDING THE PEOPLE OF ALBA- management and disposal, of materials lina (Mr. GRAHAM) was added as a co- NIA ON THE 100TH ANNIVERSARY generated by the combustion of coal sponsor of S. Res. 518, a resolution con- OF THE DECLARATION OF THEIR and other fossil fuels. gratulating the Southern Baptist Con- INDEPENDENCE FROM THE vention for electing Reverend Fred TURKISH OTTOMAN EMPIRE ON S. 3539 Luter, Jr., as the president of the NOVEMBER 28, 1912, AND COM- At the request of Mr. KERRY, the Southern Baptist Convention, acknowl- MENDING ALBANIANS IN ALBA- name of the Senator from Minnesota edging Reverend Luter’s unique role as NIA AND KOSOVO FOR PRO- (Mr. FRANKEN) was added as a cospon- the first African-American leader of TECTING AND SAVING THE sor of S. 3539, a bill to encourage the the Southern Baptist Convention, and LIVES OF ALL JEWS WHO EI- adoption and use of certified electronic honoring the commitment of the THER LIVED IN ALBANIA OR health record technology by safety net Southern Baptist Convention to an in- SOUGHT ASYLUM THERE DURING providers and clinics. clusive faith-based community and so- THE HOLOCAUST S. 3542 ciety. Mr. SCHUMER submitted the fol- At the request of Ms. KLOBUCHAR, the S. RES. 599 lowing resolution; which was referred name of the Senator from Washington At the request of Mrs. GILLIBRAND, to the Committee on Foreign Rela- (Ms. CANTWELL) was added as a cospon- the name of the Senator from Utah tions: sor of S. 3542, a bill to authorize the As- (Mr. HATCH) was added as a cosponsor S. RES. 601 sistant Secretary of Homeland Secu- of S. Res. 599, a resolution expressing Whereas, in 1934, the United States Ambas- rity (Transportation Security Adminis- vigorous support and unwavering com- sador to Albania Herman Bernstein wrote tration) to modify screening require- mitment to the welfare, security, and that ‘‘there is no trace of any discrimination ments for checked baggage arriving survival of the State of Israel as a Jew- against Jews in Albania, because Albania from preclearance airports, and for ish and democratic state with secure happens to be one of the rare lands in Europe other purposes. borders, and recognizing and strongly today where religious prejudice and hate do not exist, even though Albanians themselves S. 3551 supporting its right to act in self-de- fense to protect its citizens against are divided into three faiths’’; At the request of Mr. DEMINT, the Whereas, in 1938, approximately 300 Alba- name of the Senator from Pennsyl- acts of terrorism. nian Jews lived in the Republic of Albania, vania (Mr. TOOMEY) was added as a co- AMENDMENT NO. 2928 and more than 1,900 escaped to Albania from sponsor of S. 3551, a bill to require in- At the request of Mrs. MCCASKILL, Nazi-occupied Western Europe and the vestigations into and a report on the the names of the Senator from Virginia former Yugoslavia during World War II; September 11–13, 2012, attacks on the (Mr. WEBB) and the Senator from West Whereas Albanians in Albania and Kosova, based on their unique history of religious United States missions in Libya, Virginia (Mr. MANCHIN) were added as cosponsors of amendment No. 2928 in- tolerance, considered it a matter of national Egypt, and Yemen, and for other pur- pride and tradition to help Jews during the poses. tended to be proposed to S. 3254, an Holocaust, and due to the actions of many original bill to authorize appropria- S. 3560 individual Albanians, the entire native and tions for fiscal year 2013 for military At the request of Mr. WHITEHOUSE, refugee Jewish community in Albania during activities of the Department of De- the name of the Senator from New World War II survived the Holocaust; fense, for military construction, and Whereas Albanians sheltered and protected Hampshire (Mrs. SHAHEEN) was added for defense activities of the Depart- Jews in Albania and in Kosova, even at the as a cosponsor of S. 3560, a bill to pro- ment of Energy, to prescribe military risk of Albanian lives, beginning with the in- vide for scientific frameworks with re- personnel strengths for such fiscal vasion and occupation of Albania by Italian fascists led by Benito Mussolini in 1939; spect to recalcitrant cancers. year, and for other purposes. S. 3574 Whereas, after Nazi Germany occupied Al- AMENDMENT NO. 2929 bania in 1943 and the Gestapo ordered Jewish At the request of Mr. BLUNT, the At the request of Mrs. MCCASKILL, refugees in the Albanian capital of Tirana to name of the Senator from Georgia (Mr. the names of the Senator from Virginia register, Albanian leaders refused to provide CHAMBLISS) was added as a cosponsor of (Mr. WEBB) and the Senator from West a list of Jews living in Albania, and Albanian S. 3574, a bill to amend section 403 of Virginia (Mr. MANCHIN) were added as clerks issued false identity papers to protect the Federal Food, Drug, and Cosmetic cosponsors of amendment No. 2929 in- all Jews in the country; Act to improve and clarify certain dis- tended to be proposed to S. 3254, an Whereas, in June 1990, Jewish-American closure requirements for restaurants, Congressman Tom Lantos and former Alba- original bill to authorize appropria- nian-American Congressman Joe DioGuardi similar retail food establishments, and tions for fiscal year 2013 for military were the first United States officials to enter vending machines. activities of the Department of De- Albania in 50 years and received from the S. 3617 fense, for military construction, and Communist Party leader and Albanian Presi- At the request of Mr. CARDIN, the for defense activities of the Depart- dent Ramiz Alia a thick file from the ar- name of the Senator from Missouri ment of Energy, to prescribe military chives containing hundreds of news clippings and personal letters sent by Jews to their Al- (Mrs. MCCASKILL) was added as a co- personnel strengths for such fiscal banian rescuers after World War II, but that sponsor of S. 3617, a bill to ensure suffi- year, and for other purposes. the Communist government prevented from cient sizing of the civilian and contract AMENDMENT NO. 2940 being delivered for 45 years; services workforces of the Department At the request of Mr. BLUMENTHAL, Whereas Congressman Joe DioGuardi, upon of Defense. the names of the Senator from New returning to the United States in June 1990,

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.026 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6949 sent the file for authentication to Elli Streit (1) commends the people of Albania and tion Committee will implement a national in Tel Aviv for delivery to appropriate offi- Kosova for protecting and saving the lives of campaign to honor the Korean War veterans, cials at Yad Vashem, the Holocaust Martyrs’ Jews who either lived in Albania or sought remember those Korean War veterans still and Heroes’ Remembrance Authority, in Je- asylum there during the Holocaust; counted among the missing in action, and rusalem; (2) commends Yad Vashem, the Holocaust educate the people of the United States con- Whereas Josef Jakoel and his eldest daugh- Martyrs’ and Heroes’ Remembrance Author- cerning the ongoing relevance of the Korean ter, Felicita, both Albanian Jews, led the ity, in Israel for recognizing Albanians, who War; and emigration of almost all Albanian Jews to took action at great risk to themselves to Whereas the commemorative campaign Israel in 1991 as the Communist regime was protect Jews during the Holocaust, for their will include ceremonies in the United States collapsing; humanity, courage, and heroism; and the Republic of Korea in recognition of Whereas Yad Vashem has designated 69 Al- (3) reaffirms, on the 100th anniversary of the beginning (June 25, 1950) and the armi- banians as ‘‘Righteous Persons’’ and Albania Albania’s declaration of independence in stice ending hostilities (July 27, 1953), as well as one of the ‘‘Righteous among the Na- 1912, its support for close ties between the as a national media and outreach campaign tions’’; United States and Albania and between the for Veterans Day 2012 to honor the Korean Whereas, based on the information authen- United States and Kosova, which declared its War veterans: Now, therefore, be it ticated by Yad Vashem, Jewish-American independence in 2008; and Resolved, That the Senate— author and philanthropist Harvey Sarner (4) commends the officers, boards of direc- (1) designates 2012–2013 as the ‘‘Year of the published ‘‘Rescue in Albania’’ in 1997 to call tors, and members of the Albanian American Korean War Veteran’’; international attention to the unique role of Civic League and the Albanian American (2) recognizes the 60th anniversary of the the Albanian people in saving Jews from the Foundation for their unstinting work, since Korean War; and Holocaust; 1989, to bring the plight of the Albanian peo- (3) honors the contributions and sacrifices Whereas, in October 1997, the Albanian ple and the unique historic connection be- made by the Korean War veterans. tween Albanians and Jews to international American Civic League and the Albanian f American Foundation began the distribution attention. of 10,000 copies of ‘‘Rescue in Albania’’, with f AMENDMENTS SUBMITTED AND forewords by Congressmen Tom Lantos and PROPOSED SENATE RESOLUTION 602—DESIG- Benjamin Gilman, to bring to the attention SA 2946. Mr. PRYOR (for himself and Mr. of the Jewish people and their leaders the NATING 2012–2013 AS THE ‘‘YEAR OF THE KOREAN WAR VETERAN’’ JOHANNS) submitted an amendment intended plight of Albanians in Kosova living under a to be proposed by him to the bill S. 3254, to brutal occupation at the hands of Serbian AND RECOGNIZING THE 60TH AN- authorize appropriations for fiscal year 2013 dictator Slobodan Milosevic, in order to fore- NIVERSARY OF THE KOREAN for military activities of the Department of stall another genocide in Kosova; WAR Defense, for military construction, and for Whereas, in a statement at the ‘‘Salute to Mr. AKAKA (for himself, Mr. INHOFE, defense activities of the Department of En- Albanian Tolerance, Resistance, and Hope: Mr. UDALL of Colorado, and Mr. CHAM- ergy, to prescribe military personnel Remembering Besa and the Holocaust’’ held strengths for such fiscal year, and for other by the Albanian American Civic League and BLISS) submitted the following resolu- tion; which was considered and agreed purposes; which was ordered to lie on the the Albanian American Foundation in 2005 table. on the occasion of the 60th anniversary of to: SA 2947. Mr. PRYOR (for himself, Mr. the liberation of the Nazi death camps, Dr. S. RES. 602 WYDEN, Mr. BOOZMAN, and Ms. SNOWE) sub- Mordechai Paldiel, then Director for the Whereas, on June 25, 1950, the Communist mitted an amendment intended to be pro- Righteous at Yad Vashem, commemorated Democratic People’s Republic of Korea posed by him to the bill S. 3254, supra; which the heroism of Albanians as ‘‘the only ones began the Korean War by invading the Re- was ordered to lie on the table. among rescuers in other countries who not public of Korea with approximately 135,000 SA 2948. Mr. WEBB submitted an amend- only went out of their way to save Jews, but troops; ment intended to be proposed by him to the vied and competed with each other for the Whereas nearly 1,800,000 members of the bill S. 3254, supra; which was ordered to lie privilege of being a rescuer, thanks to besa’’, United States Armed Forces served along on the table. the code of honor that requires an Albanian with the forces of the Republic of Korea and SA 2949. Mr. WEBB submitted an amend- to save the life of anyone seeking refuge, 20 other Allied nations in the Korean theater ment intended to be proposed by him to the even if it means sacrificing one’s own life; of operations to defend freedom and democ- bill S. 3254, supra; which was ordered to lie Whereas, in 2006, Shirley Cloyes DioGuardi, racy in the Korean Peninsula; on the table. Balkan Affairs Adviser to the Albanian Whereas, during the Korean War, 36,574 SA 2950. Mr. BEGICH (for himself and Ms. American Civic League and Executive Direc- people from the United States died and AYOTTE) submitted an amendment intended tor of the Albanian American Foundation, 103,284 people from the United States were to be proposed by him to the bill S. 3254, published ‘‘Jewish Survival in Albania & the wounded in some of the most horrific combat supra; which was ordered to lie on the table. Ethics of ‘Besa’ ’’ in the journal of the Amer- and weather conditions in the history of war- SA 2951. Mr. BEGICH (for himself, Mr. ican Jewish Congress to document the saving fare; MANCHIN, Mr. WYDEN, Mrs. HUTCHISON, and role of Albanians and how that role was re- Whereas almost 60 years have passed since Mr. MERKLEY) submitted an amendment in- vealed, in spite of the Communist effort to the signing of the cease-fire agreement at tended to be proposed by him to the bill S. suppress it; Panmunjom on July 27, 1953, and the Korean 3254, supra; which was ordered to lie on the Whereas, on December 2, 2008, Arslan Peninsula still technically remains in a table. SA 2952. Mr. BEGICH (for himself, Mr. Rezniqi and his son, Mustafa, were the first state of war; CASEY, and Mrs. GILLIBRAND) submitted an Kosovar Albanians recognized by Yad Whereas the Korean War has for many amendment intended to be proposed by him Vashem’s ‘‘Righteous among Nations De- years been a ‘‘Forgotten War’’ for people in to the bill S. 3254, supra; which was ordered partment’’, for leading 400 Jewish families the United States; to lie on the table. from Decan, Kosova, into safety in Albania; Whereas Korean War veterans deserve to Whereas Arif Alickaj, the Secretary of the SA 2953. Mr. BEGICH submitted an amend- be recognized by the people of the United ment intended to be proposed by him to the Municipality of Decan, risked his job and his States for their honorable and courageous life helping the Rezniqis rescue Jews in Nazi- bill S. 3254, supra; which was ordered to lie service in defense of democracy and freedom on the table. occupied Kosova by issuing false identity pa- during the Korean War; pers to ensure their safe passage to Albania SA 2954. Mr. BEGICH submitted an amend- Whereas the tide of communism on the ment intended to be proposed by him to the and who, like so many Albanians from 1 southern ⁄2 of the Korean Peninsula was bill S. 3254, supra; which was ordered to lie Kosova and Albania, died before Jewish sur- halted, liberty triumphed over tyranny, and vivors could validate his role at Yad on the table. the Republic of Korea has developed into a SA 2955. Mr. LEAHY submitted an amend- Vashem; modern and prosperous democracy because of ment intended to be proposed by him to the Whereas Shirley Cloyes DioGuardi ad- the selfless sacrifice of the Korean War vet- bill S. 3254, supra; which was ordered to lie dressed the 2010 International Oral History erans; on the table. Association Conference in Prague, and Whereas the people of the United States SA 2956. Mr. PORTMAN (for himself and brought Leka Rezniqi, the grandson of and the Republic of Korea are eternally Mr. AKAKA) submitted an amendment in- Mustafa Rezniqi, to join her in revealing the grateful to the Korean War veterans; tended to be proposed by him to the bill S. ‘‘underground railroad’’ between Albanians Whereas the history of the Korean War 3254, supra; which was ordered to lie on the in Kosova and Albania that was essential to should be included in the curriculum of table. the rescue of Jews; and schools in the United States so that future SA 2957. Mr. WEBB submitted an amend- Whereas Albania is the only nation in Eu- generations never forget the sacrifices of the ment intended to be proposed by him to the rope that had more Jewish residents after Korean War veterans and what those vet- bill S. 3254, supra; which was ordered to lie World War II than before World War II: Now, erans accomplished; on the table. therefore, be it Whereas the Department of Defense 60th SA 2958. Mr. WEBB submitted an amend- Resolved, That the Senate— Anniversary of the Korean War Commemora- ment intended to be proposed by him to the

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.029 S27NOPT1 jbell on DSK7SPTVN1PROD with S6950 CONGRESSIONAL RECORD — SENATE November 27, 2012 bill S. 3254, supra; which was ordered to lie SA 2980. Mrs. BOXER (for herself, Mr. submitted an amendment intended to be pro- on the table. GRASSLEY, and Mr. MANCHIN) submitted an posed by her to the bill S. 3254, supra; which SA 2959. Mr. WYDEN submitted an amend- amendment intended to be proposed by her was ordered to lie on the table. ment intended to be proposed by him to the to the bill S. 3254, supra; which was ordered SA 3000. Mr. WICKER submitted an amend- bill S. 3254, supra; which was ordered to lie to lie on the table. ment intended to be proposed by him to the on the table. SA 2981. Mrs. BOXER submitted an amend- bill S. 3254, supra; which was ordered to lie SA 2960. Mr. WYDEN submitted an amend- ment intended to be proposed by her to the on the table. ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie SA 3001. Mr. WICKER submitted an amend- bill S. 3254, supra; which was ordered to lie on the table. ment intended to be proposed by him to the on the table. SA 2982. Mrs. BOXER submitted an amend- bill S. 3254, supra; which was ordered to lie SA 2961. Mr. WYDEN submitted an amend- ment intended to be proposed by her to the on the table. ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie SA 3002. Mr. WICKER submitted an amend- bill S. 3254, supra; which was ordered to lie on the table. ment intended to be proposed by him to the SA 2983. Mrs. BOXER submitted an amend- on the table. bill S. 3254, supra; which was ordered to lie ment intended to be proposed by her to the SA 2962. Mr. SESSIONS submitted an on the table. amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie SA 3003. Ms. AYOTTE (for herself, Mr. LIE- to the bill S. 3254, supra; which was ordered on the table. BERMAN, and Ms. COLLINS) submitted an to lie on the table. SA 2984. Mr. BINGAMAN (for himself and amendment intended to be proposed by her SA 2963. Mr. SESSIONS submitted an Mr. UDALL of New Mexico) submitted an to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him amendment intended to be proposed by him to lie on the table. to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered SA 3004. Ms. AYOTTE (for herself, Mr. to lie on the table. to lie on the table. SA 2964. Mr. CHAMBLISS (for himself and SA 2985. Mr. UDALL of Colorado (for him- CHAMBLISS, and Mr. INHOFE) submitted an amendment intended to be proposed by her Mr. TESTER) submitted an amendment in- self, Mrs. MURRAY, Mrs. SHAHEEN, and Mr. tended to be proposed by him to the bill S. BINGAMAN) submitted an amendment in- to the bill S. 3254, supra; which was ordered 3254, supra; which was ordered to lie on the tended to be proposed by him to the bill S. to lie on the table. table. 3254, supra; which was ordered to lie on the SA 3005. Ms. AYOTTE (for herself, Mr. SA 2965. Mr. HATCH (for himself and Mr. table. CHAMBLISS, and Mr. INHOFE) submitted an LEE) submitted an amendment intended to SA 2986. Mr. CASEY (for himself, Mr. ENZI, amendment intended to be proposed by her be proposed by him to the bill S. 3254, supra; and Mrs. MCCASKILL) submitted an amend- to the bill S. 3254, supra; which was ordered which was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 2966. Mr. HATCH (for himself and Mr. bill S. 3254, supra; which was ordered to lie SA 3006. Ms. SNOWE (for herself and Mr. LEE) submitted an amendment intended to on the table. BEGICH) submitted an amendment intended be proposed by him to the bill S. 3254, supra; SA 2987. Mr. BENNET submitted an to be proposed by her to the bill S. 3254, which was ordered to lie on the table. amendment intended to be proposed by him supra; which was ordered to lie on the table. SA 2967. Mr. HELLER submitted an amend- to the bill S. 3254, supra; which was ordered SA 3007. Mr. SESSIONS submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him SA 2988. Mr. KERRY submitted an amend- bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the on the table. to lie on the table. SA 2968. Mr. COATS submitted an amend- bill S. 3254, supra; which was ordered to lie SA 3008. Mr. SESSIONS submitted an ment intended to be proposed by him to the on the table. amendment intended to be proposed by him SA 2989. Mrs. MURRAY (for herself and Mr. bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered BURR) submitted an amendment intended to on the table. to lie on the table. be proposed by her to the bill S. 3254, supra; SA 2969. Mr. HELLER (for himself and Mr. which was ordered to lie on the table. SA 3009. Mr. SESSIONS submitted an CHAMBLISS) submitted an amendment in- SA 2990. Mr. GRASSLEY submitted an amendment intended to be proposed by him tended to be proposed by him to the bill S. amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered 3254, supra; which was ordered to lie on the to the bill S. 3254, supra; which was ordered to lie on the table. table. to lie on the table. SA 3010. Mr. SESSIONS submitted an SA 2970. Mr. INHOFE submitted an amend- SA 2991. Mr. HOEVEN (for himself, Mr. amendment intended to be proposed by him ment intended to be proposed by him to the TESTER, and Mr. HATCH) submitted an to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill S. 3254, supra; which was ordered SA 3011. Mr. SESSIONS submitted an SA 2971. Mr. INHOFE submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 2992. Mr. HOEVEN submitted an to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill S. 3254, supra; which was ordered SA 3012. Mr. SESSIONS submitted an SA 2972. Mr. INHOFE submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 2993. Mrs. GILLIBRAND (for herself, to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie Mr. LIEBERMAN, Mr. BLUMENTHAL, Mr. to lie on the table. on the table. KERRY, Mr. BROWN of Massachusetts, Mr. SA 3013. Mr. SESSIONS submitted an SA 2973. Mr. INHOFE submitted an amend- BEGICH, and Mr. MENENDEZ) submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by her to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 3014. Mr. REED submitted an amend- SA 2974. Mr. INHOFE submitted an amend- SA 2994. Mr. CASEY (for himself and Mr. ment intended to be proposed by him to the ment intended to be proposed by him to the BEGICH) submitted an amendment intended bill S. 3254, supra; which was ordered to lie bill S. 3254, supra; which was ordered to lie to be proposed by him to the bill S. 3254, on the table. on the table. supra; which was ordered to lie on the table. SA 3015. Mr. BLUMENTHAL submitted an SA 2975. Mr. INHOFE submitted an amend- SA 2995. Mr. PORTMAN submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 2976. Mr. INHOFE submitted an amend- SA 2996. Mr. ROCKEFELLER submitted an SA 3016. Mrs. GILLIBRAND (for herself, ment intended to be proposed by him to the amendment intended to be proposed by him Ms. COLLINS, and Ms. SNOWE) submitted an bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered amendment intended to be proposed by her on the table. to lie on the table. to the bill S. 3254, supra; which was ordered SA 2977. Mr. INHOFE submitted an amend- SA 2997. Mr. CASEY (for himself and Mr. to lie on the table. ment intended to be proposed by him to the BLUMENTHAL) submitted an amendment in- SA 3017. Mr. REED (for himself, Mr. RUBIO, bill S. 3254, supra; which was ordered to lie tended to be proposed by him to the bill S. and Mrs. MCCASKILL) submitted an amend- on the table. 3254, supra; which was ordered to lie on the ment intended to be proposed by him to the SA 2978. Mr. INHOFE submitted an amend- table. bill S. 3254, supra; which was ordered to lie ment intended to be proposed by him to the SA 2998. Ms. AYOTTE (for herself, Mr. on the table. bill S. 3254, supra; which was ordered to lie INHOFE, and Mr. CHAMBLISS) submitted an SA 3018. Mrs. FEINSTEIN (for herself, Mr. on the table. amendment intended to be proposed by her LEE, Mr. COONS, Ms. COLLINS, Mr. PAUL, Mr. SA 2979. Mr. INHOFE submitted an amend- to the bill S. 3254, supra; which was ordered LAUTENBERG, Mrs. GILLIBRAND, and Mr. ment intended to be proposed by him to the to lie on the table. KIRK) submitted an amendment intended to bill S. 3254, supra; which was ordered to lie SA 2999. Ms. AYOTTE (for herself, Mr. LIE- be proposed by her to the bill S. 3254, supra; on the table. BERMAN, Mr. INHOFE, and Mr. CHAMBLISS) which was ordered to lie on the table.

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.031 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6951 TEXT OF AMENDMENTS scribe military personnel strengths for to prescribe military personnel SA 2946. Mr. PRYOR (for himself and such fiscal year, and for other pur- strengths for such fiscal year, and for Mr. JOHANNS) submitted an amendment poses; which was ordered to lie on the other purposes; which was ordered to intended to be proposed by him to the table; as follows: lie on the table; as follows: bill S. 3254, to authorize appropriations At the end of subtitle of subtitle H of title At the end of subtitle E of title XXVIII, for fiscal year 2013 for military activi- X, add the following: add the following: ties of the Department of Defense, for SEC. 1084. PROVISION OF STATUS UNDER LAW BY SEC. 2844. GOLD STAR MOTHERS NATIONAL HONORING CERTAIN MEMBERS OF military construction, and for defense MONUMENT, ARLINGTON NATIONAL THE RESERVE COMPONENTS OF THE CEMETERY. activities of the Department of Energy, ARMED FORCES AS VETERANS. (a) ESTABLISHMENT.—Notwithstanding sec- to prescribe military personnel (a) IN GENERAL.—Chapter 1 of title 38, tion 2409(b) of title 38, United States Code, strengths for such fiscal year, and for United States Code, is amended by inserting after section 107 the following new section: the Secretary of the Army shall permit the other purposes; which was ordered to Gold Star Mothers National Monument lie on the table; as follows: ‘‘§ 107A. Honoring as veterans certain persons Foundation (a nonprofit corporation estab- At the end of subtitle of subtitle H of title who performed service in the reserve com- lished under the laws of the District of Co- X, add the following: ponents lumbia) to establish an appropriate monu- SEC. 1084. STATE CONSIDERATION OF MILITARY ‘‘Any person who is entitled under chapter ment in Arlington National Cemetery or on TRAINING IN GRANTING CERTAIN 1223 of title 10 to retired pay for nonregular Federal land in its environs under the juris- STATE CERTIFICATIONS AND LI- service or, but for age, would be entitled diction of the Department of the Army to CENSES AS A CONDITION ON THE under such chapter to retired pay for nonreg- commemorate the sacrifices made by moth- RECEIPT OF FUNDS FOR VETERANS ular service shall be honored as a veteran ers, and made by their sons and daughters EMPLOYMENT AND TRAINING. but shall not be entitled to any benefit by who as members of the Armed Forces make (a) IN GENERAL.—Section 4102A(c) of title reason of this section.’’. the ultimate sacrifice, in defense of the 38, United States Code, is amended by adding (b) CLERICAL AMENDMENT.—The table of United States. The monument shall be at the end the following: sections at the beginning of such chapter is known as the ‘‘Gold Star Mothers National ‘‘(9)(A) As a condition of a grant or con- amended by inserting after the item relating Monument’’. tract under which funds are made available to section 107 the following new item: to a State in order to carry out section 4103A (b) PAYMENT OF EXPENSES.—The Gold Star ‘‘107A. Honoring as veterans certain persons or 4104 of this title for any program year, the Mothers National Monument Foundation who performed service in the Secretary shall require the State— shall be solely responsible for acceptance of reserve components.’’. ‘‘(i) to demonstrate that when the State contributions for, and payment of the ex- penses of, the establishment of the monu- approves or denies a certification or license Mr. WEBB submitted an described in subparagraph (B) for a veteran SA 2948. ment, and no Federal funds may be used to the State takes into consideration any train- amendment intended to be proposed by pay such expenses. ing received or experience gained by the vet- him to the bill S. 3254, to authorize ap- eran while serving on active duty in the propriations for fiscal year 2013 for SA 2951. Mr. BEGICH (for himself, Armed Forces; and military activities of the Department Mr. MANCHIN, Mr. WYDEN, Mrs. ‘‘(ii) to disclose to the Secretary in writing of Defense, for military construction, HUTCHISON, and Mr. MERKLEY) sub- the following: and for defense activities of the De- mitted an amendment intended to be ‘‘(I) Criteria applicants must satisfy to re- partment of Energy, to prescribe mili- proposed by him to the bill S. 3254, to ceive a certification or license described in tary personnel strengths for such fiscal authorize appropriations for fiscal year subparagraph (B) by the State. ‘‘(II) A description of the standard prac- year, and for other purposes; which was 2013 for military activities of the De- tices of the State for evaluating training re- ordered to lie on the table; as follows: partment of Defense, for military con- ceived by veterans while serving on active At the end of subtitle A of title VI, add the struction, and for defense activities of duty in the Armed Forces and evaluating the following: the Department of Energy, to prescribe documented work experience of such vet- SEC. 602. EXTENSION OF AUTHORITY TO PRO- military personnel strengths for such erans during such service for purposes of ap- VIDE TEMPORARY INCREASE IN fiscal year, and for other purposes; proving or denying a certification or license RATES OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN CIR- which was ordered to lie on the table; described in subparagraph (B). as follows: ‘‘(III) Identification of areas in which CUMSTANCES. training and experience described in sub- Section 403(b)(7)(E) of title 37, United At the end of subtitle E of title X, add the clause (II) fails to meet criteria described in States Code, is amended by striking ‘‘Decem- following: ber 31, 2012’’ and inserting ‘‘December 31, subclause (I).’’ SEC. 1048. PROHIBITION ON DIVESTMENT, RE- ‘‘(B) A certification or license described in 2013’’. TIREMENT, OR TRANSFER OF ARMY this subparagraph is any of the following: C–23 AIRCRAFT DURING FISCAL ‘‘(i) A license to be a State tested nursing SA 2949. Mr. WEBB submitted an YEAR 2013. assistant or a certified nursing assistant. amendment intended to be proposed by (a) PROHIBITION.— ‘‘(ii) A commercial driver’s license. him to the bill S. 3254, to authorize ap- (1) IN GENERAL.—None of the amounts au- ‘‘(iii) An emergency medical technician li- propriations for fiscal year 2013 for thorized to be appropriated by this Act or cense EMT–B or EMT–I. military activities of the Department otherwise made available for fiscal year 2013 ‘‘(iv) An emergency medical technician– of Defense, for military construction, for the Army may be obligated or expended paramedic license. and for defense activities of the De- to divest, retire, transfer, or prepare to di- ‘‘(C) The Secretary shall share the infor- vest, retire, or transfer, any of the 38 C–23 mation the Secretary receives under sub- partment of Energy, to prescribe mili- aircraft assigned to the Army as of October paragraph (A)(ii) with the Secretary of De- tary personnel strengths for such fiscal 1, 2012. fense to help the Secretary of Defense im- year, and for other purposes; which was (2) SUSTAINMENT IN OPERATIONALLY VIABLE prove training for military occupational spe- ordered to lie on the table; as follows: STATE.—The Army shall sustain the C–23 air- cialties so that individuals who receive such At the end of subtitle C of title V, add the craft described in paragraph (1) in an oper- training are able to receive a certification or following: ationally viable state during fiscal year 2013. license described in subparagraph (B) from a SEC. 526. EXTENSION OF TEMPORARY INCREASE (b) FUNDS AVAILABLE FOR SUSTAINMENT State.’’. IN ACCUMULATED LEAVE CARRY- AND OPERATION OF AIRCRAFT.—Of the (b) EFFECTIVE DATE.—The amendment OVER FOR MEMBERS OF THE ARMED amounts authorized to be appropriated for made by subsection (a) shall apply with re- FORCES. fiscal year 2013 by section 301 and available spect to a program year beginning on or Section 701(d) of title 10, United States for operation and maintenance for the Army after the date of the enactment of this Act. Code, is amended by striking ‘‘September 30, as specified in the funding table in section 2013’’ and inserting ‘‘September 30, 2015’’. 4301, $9,200,000 may be available for the SA 2947. Mr. PRYOR (for himself, Mr. sustainment and operation of the C–23 air- WYDEN, Mr. BOOZMAN, and Ms. SNOWE) SA 2950. Mr. BEGICH (for himself and craft specified in subsection (a) during fiscal submitted an amendment intended to Ms. AYOTTE) submitted an amendment year 2013. be proposed by him to the bill S. 3254, intended to be proposed by him to the to authorize appropriations for fiscal bill S. 3254, to authorize appropriations SA 2952. Mr. BEGICH (for himself, year 2013 for military activities of the for fiscal year 2013 for military activi- Mr. CASEY, and Mrs. GILLIBRAND) sub- Department of Defense, for military ties of the Department of Defense, for mitted an amendment intended to be construction, and for defense activities military construction, and for defense proposed by him to the bill S. 3254, to of the Department of Energy, to pre- activities of the Department of Energy, authorize appropriations for fiscal year

VerDate Mar 15 2010 02:04 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.035 S27NOPT1 jbell on DSK7SPTVN1PROD with S6952 CONGRESSIONAL RECORD — SENATE November 27, 2012 2013 for military activities of the De- ‘‘(2) The term ‘indirect reduction’ means At the appropriate place, insert the fol- partment of Defense, for military con- subsequent planned reductions or relocations lowing: struction, and for defense activities of in base operations support services and per- SEC. lll. PUBLIC SAFETY OFFICERS’ BENEFITS the Department of Energy, to prescribe sonnel able to occur due to the direct reduc- PROGRAM. tions. (a) SHORT TITLE.—This section may be military personnel strengths for such ‘‘(3) The term ‘military installation’ means fiscal year, and for other purposes; cited as the ‘‘Dale Long Public Safety Offi- a base, camp, post, station, yard, center, cers’ Benefits Improvements Act of 2012’’. which was ordered to lie on the table; homeport facility for any ship, or other ac- (b) BENEFITS FOR CERTAIN NONPROFIT as follows: tivity under the jurisdiction of the Depart- EMERGENCY MEDICAL SERVICE PROVIDERS; On page 542, beginning on line 12, strike ment of Defense, including any leased facil- MISCELLANEOUS AMENDMENTS.— ‘‘section 2687’’ and all that follows through ity, which is located within any of the sev- (1) IN GENERAL.—Title I of the Omnibus page 543, line 2, and insert the following: eral States, the District of Columbia, the Crime Control and Safe Streets Act of 1968 ‘‘section 2687 and section 993 of title 10, Commonwealth of Puerto Rico, American (42 U.S.C. 3711 et seq.) is amended— United States Code, and closures of military Samoa, the Virgin Islands, the Common- (A) in section 901(a) (42 U.S.C. 3791(a))— installations that are not covered by such re- wealth of the Northern Mariana Islands, or (i) in paragraph (26), by striking ‘‘and’’ at quirements. Guam. Such term does not include any facil- the end; (b) ONE-YEAR MORATORIUM ON CERTAIN AC- ity used primarily for civil works, rivers and (ii) in paragraph (27), by striking the pe- TIONS RESULTING IN PERSONNEL REDUC- harbors projects, or flood control projects. riod at the end and inserting ‘‘; and’’; and TIONS.— ‘‘(4) The term ‘unit’ means a unit of the (iii) by adding at the end the following: (1) IN GENERAL.—Except as provided in armed forces at the battalion, squadron, or ‘‘(28) the term ‘hearing examiner’ includes paragraph (2), no action may be taken before an equivalent level (or a higher level).’’. any medical or claims examiner.’’; October 1, 2013, that would result in a mili- (B) in section 1201 (42 U.S.C. 3796)— tary installation covered under paragraph (1) SA 2953. Mr. BEGICH submitted an (i) in subsection (a), by striking ‘‘follows:’’ of section 2687(a) or section 993 of title 10, amendment intended to be proposed by and all that follows and inserting the fol- United States Code, to no longer be covered him to the bill S. 3254, to authorize ap- lowing: ‘‘follows (if the payee indicated is by such paragraph (1) or such section 993. propriations for fiscal year 2013 for living on the date on which the determina- (2) NATIONAL SECURITY WAIVER.—The Sec- military activities of the Department tion is made)— retary of Defense may waive the prohibition of Defense, for military construction, ‘‘(1) if there is no child who survived the under paragraph (1) if the Secretary certifies and for defense activities of the De- public safety officer, to the surviving spouse to the congressional defense committees partment of Energy, to prescribe mili- of the public safety officer; that is in the national security interests of ‘‘(2) if there is at least 1 child who survived the United States. tary personnel strengths for such fiscal the public safety officer and a surviving (c) MODIFICATION OF NOTICE REQUIREMENTS year, and for other purposes; which was spouse of the public safety officer, 50 percent IN ADVANCE OF PERMANENT REDUCTION OF ordered to lie on the table; as follows: to the surviving child (or children, in equal SIZABLE NUMBERS OF MEMBERS OF THE ARMED At the end of subtitle H of title X, add the shares) and 50 percent to the surviving FORCES AT MILITARY INSTALLATIONS.— following: spouse; (1) CALCULATION OF NUMBER OF AFFECTED SEC. 1084. TREATMENT OF DEPARTMENT OF DE- ‘‘(3) if there is no surviving spouse of the MEMBERS.—Subsection (a) of section 993 of FENSE UTILITIES PRIVATIZATION public safety officer, to the surviving child title 10, United States Code, is amended by PROJECTS. (or children, in equal shares); adding at the end the following new sen- (a) IN GENERAL.—In the case of a contract ‘‘(4) if there is no surviving spouse of the tence: ‘‘In calculating the number of mem- awarded under section 2688 of title 10, United public safety officer and no surviving child— bers to be reduced, the Secretary shall take States Code, all conveyances, connections, or ‘‘(A) to the surviving individual (or indi- into consideration both direct reductions capital improvements made pursuant to such viduals, in shares per the designation, or, and indirect reductions.’’. contract shall be considered as contributions otherwise, in equal shares) designated by the (2) NOTICE REQUIREMENTS.—Subsection (b) to the capital of the taxpayer for purposes of public safety officer to receive benefits under of such section is amended by striking para- section 118 of the Internal Revenue Code of this subsection in the most recently exe- graphs (1) through (3) and inserting the fol- 1986. cuted designation of beneficiary of the public lowing new paragraphs: (b) EFFECTIVE DATE.—Subsection (a) shall safety officer on file at the time of death ‘‘(1) the Secretary of Defense or the Sec- apply to amounts received after the date of with the public safety agency, organization, retary of the military department con- the enactment of this Act, in taxable years or unit; or cerned— ending after such date. ‘‘(B) if there is no individual qualifying ‘‘(A) submits to Congress a notice of the Mr. BEGICH submitted an under subparagraph (A), to the surviving in- proposed reduction and the number of mili- SA 2954. dividual (or individuals, in equal shares) des- tary and civilian personnel assignments af- amendment intended to be proposed by ignated by the public safety officer to re- fected, including reductions in base oper- him to the bill S. 3254, to authorize ap- ceive benefits under the most recently exe- ations support services and personnel to propriations for fiscal year 2013 for cuted life insurance policy of the public safe- occur because of the proposed reduction; and military activities of the Department ty officer on file at the time of death with ‘‘(B) includes in the notice a justification of Defense, for military construction, the public safety agency, organization, or for the reduction and an evaluation of the and for defense activities of the De- unit; costs and benefits of the reduction and of the partment of Energy, to prescribe mili- ‘‘(5) if there is no individual qualifying local economic, environmental, strategic, tary personnel strengths for such fiscal under paragraph (1), (2), (3), or (4), to the sur- and operational consequences of the reduc- viving parent (or parents, in equal shares) of tion; and year, and for other purposes; which was the public safety officer; or ‘‘(2) a period of 90 days expires following ordered to lie on the table; as follows: ‘‘(6) if there is no individual qualifying the day on which the notice is submitted to On page 187, between lines 15 and 16, insert under paragraph (1), (2), (3), (4), or (5), to the Congress.’’. the following: surviving individual (or individuals, in equal (3) TIME AND FORM OF SUBMISSION OF NO- ‘‘(4) The unremarried spouses of members shares) who would qualify under the defini- TICE.—Such section is further amended— of the armed forces who were killed on active tion of the term ‘child’ under section 1204 (A) by redesignating subsection (c) as sub- duty or otherwise died in the line of duty, but for age.’’; section (d); and and the unremarried spouses of former mem- (ii) in subsection (b)— (B) by inserting after subsection (b) the bers of the armed forces who died of a com- (I) by striking ‘‘direct result of a cata- following new subsection: bat-related illness or injury, who hold a valid strophic’’ and inserting ‘‘direct and proxi- ‘‘(c) TIME AND FORM OF SUBMISSION OF NO- Uniformed Services Identification and Privi- mate result of a personal’’; TICE.—The notice required by subsections (a) lege Card. (II) by striking ‘‘pay,’’ and all that follows and (b) may be submitted to Congress only through ‘‘the same’’ and inserting ‘‘pay the as part of the budget justification materials SA 2955. Mr. LEAHY submitted an same’’; submitted by the Secretary of Defense to amendment intended to be proposed by (III) by striking ‘‘in any year’’ and insert- Congress in support of the budget for a fiscal him to the bill S. 3254, to authorize ap- ing ‘‘to the public safety officer (if living on year submitted under section 1105 of title propriations for fiscal year 2013 for the date on which the determination is 31.’’. military activities of the Department made)’’; (4) DEFINITIONS.—Such section is further of Defense, for military construction, (IV) by striking ‘‘in such year, adjusted’’ amended by adding at the end the following and for defense activities of the De- and inserting ‘‘with respect to the date on new subsection: which the catastrophic injury occurred, as ‘‘(e) DEFINITIONS.—In this section: partment of Energy, to prescribe mili- adjusted’’; ‘‘(1) The term ‘direct reduction’ means a tary personnel strengths for such fiscal (aa) by striking ‘‘, to such officer’’; reduction involving one or more members of year, and for other purposes; which was (V) by striking ‘‘the total’’ and all that fol- a unit. ordered to lie on the table; as follows: lows through ‘‘For’’ and inserting ‘‘for’’; and

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.037 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6953 (VI) by striking ‘‘That these’’ and all that (E) in section 1204 (42 U.S.C. 3796b)— (i) in subsection (a), by striking ‘‘each de- follows through the period, and inserting (i) in paragraph (1), by striking ‘‘con- pendent’’ each place it appears and inserting ‘‘That the amount payable under this sub- sequences of an injury that’’ and inserting ‘‘a spouse or child’’; and section shall be the amount payable as of the ‘‘an injury, the direct and proximate con- (ii) by striking ‘‘dependents’’ each place it date of catastrophic injury of such public sequences of which’’; appears and inserting ‘‘a person’’; and safety officer.’’; (ii) in paragraph (3)— (K) in section 1217(3)(A) (42 U.S.C. 3796d– (iii) in subsection (f)— (I) in the matter preceding clause (i)— 6(3)(A)), by striking ‘‘described in’’ and all (I) in paragraph (1), by striking ‘‘, as (aa) by inserting ‘‘or permanently and to- that follows and inserting ‘‘an institution of amended (D.C. Code, sec. 4–622); or’’ and in- tally disabled’’ after ‘‘deceased’’; and higher education, as defined in section 102 of serting a semicolon; (bb) by striking ‘‘death’’ and inserting the Higher Education Act of 1965 (20 U.S.C. (II) in paragraph (2)— ‘‘fatal or catastrophic injury’’; and 1002); and’’. (aa) by striking ‘‘. Such beneficiaries shall (II) by redesignating clauses (i), (ii), and (2) AMENDMENT RELATED TO EXPEDITED PAY- only receive benefits under such section 8191 (iii) as subparagraphs (A), (B), and (C), re- MENT FOR PUBLIC SAFETY OFFICERS INVOLVED that’’ and inserting ‘‘, such that bene- spectively; IN THE PREVENTION, INVESTIGATION, RESCUE, ficiaries shall receive only such benefits (iii) in paragraph (5)— OR RECOVERY EFFORTS RELATED TO A TER- under such section 8191 as’’; and (I) by striking ‘‘post-mortem’’ each place it RORIST ATTACK.—Section 611(a) of the Unit- (bb) by striking the period at the end and appears and inserting ‘‘post-injury’’; ing and Strengthening America by Providing inserting ‘‘; or’’; and (II) by redesignating clauses (i) and (ii) as Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. (III) by adding at the end the following: subparagraphs (A) and (B), respectively; and 3796c–1(a)) is amended by inserting ‘‘or an en- ‘‘(3) payments under the September 11th (III) in subparagraph (B), as so redesig- Victim Compensation Fund of 2001 (49 U.S.C. tity described in section 1204(7)(B) of the Om- nated, by striking ‘‘death’’ and inserting 40101 note; Public Law 107–42).’’; nibus Crime Control and Safe Streets Act of ‘‘fatal or catastrophic injury’’; (iv) by amending subsection (k) to read as 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed (iv) in paragraph (7), by striking ‘‘public follows: by such agency’’. employee member of a rescue squad or ambu- ‘‘(k) As determined by the Bureau, a heart (3) TECHNICAL AND CONFORMING AMEND- lance crew;’’ and inserting ‘‘employee or vol- attack, stroke, or vascular rupture suffered MENT.—Section 402(l)(4)(C) of the Internal unteer member of a rescue squad or ambu- by a public safety officer shall be presumed Revenue Code of 1986 is amended— lance crew (including a ground or air ambu- to constitute a personal injury within the (A) by striking ‘‘section 1204(9)(A)’’ and in- lance service) that— meaning of subsection (a), sustained in the serting ‘‘section 1204(10)(A)’’; and ‘‘(A) is a public agency; or line of duty by the officer and directly and (B) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and ‘‘(B) is (or is a part of) a nonprofit entity proximately resulting in death, if— inserting ‘‘42 U.S.C. 3796b(10)(A)’’. serving the public that— ‘‘(1) the public safety officer, while on (c) AUTHORIZATION OF APPROPRIATIONS; DE- ‘‘(i) is officially authorized or licensed to duty— TERMINATIONS; APPEALS.—The matter under engage in rescue activity or to provide emer- ‘‘(A) engages in a situation involving non- the heading ‘‘PUBLIC SAFETY OFFICERS BENE- routine stressful or strenuous physical law gency medical services; and FITS’’ under the heading ‘‘OFFICE OF JUSTICE enforcement, fire suppression, rescue, haz- ‘‘(ii) engages in rescue activities or pro- PROGRAMS’’ under title II of division B of the ardous material response, emergency med- vides emergency medical services as part of Consolidated Appropriations Act, 2008 (Pub- ical services, prison security, disaster relief, an official emergency response system;’’; and lic Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c– or other emergency response activity; or (v) in paragraph (9)— 2) is amended— ‘‘(B) participates in a training exercise in- (I) in subparagraph (A), by striking ‘‘as a (1) by striking ‘‘decisions’’ and inserting volving nonroutine stressful or strenuous chaplain, or as a member of a rescue squad ‘‘determinations’’; physical activity; or ambulance crew;’’ and inserting ‘‘or as a (2) by striking ‘‘(including those, and any ‘‘(2) the heart attack, stroke, or vascular chaplain;’’; related matters, pending)’’; and rupture commences— (II) in subparagraph (B)(ii), by striking (3) by striking the period at the end and in- ‘‘(A) while the officer is engaged or partici- ‘‘or’’ after the semicolon; serting the following: ‘‘: Provided further, pating as described in paragraph (1); (III) in subparagraph (C)(ii), by striking That, on and after the date of enactment of ‘‘(B) while the officer remains on that duty the period and inserting ‘‘; or’’; and the Public Safety Officers’ Benefits Improve- after being engaged or participating as de- (IV) by adding at the end the following: ments Act of 2012, as to each such statute— scribed in paragraph (1); or ‘‘(D) a member of a rescue squad or ambu- ‘‘(1) the provisions of section 1001(a)(4) of ‘‘(C) not later than 24 hours after the offi- lance crew who, as authorized or licensed by such title I (42 U.S.C. 3793(a)(4)) shall apply; cer is engaged or participating as described law and by the applicable agency or entity, ‘‘(2) payment (other than payment made in paragraph (1); and is engaging in rescue activity or in the provi- pursuant to section 611 of the Uniting and ‘‘(3) the heart attack, stroke, or vascular sion of emergency medical services.’’; Strengthening America by Providing Appro- rupture directly and proximately results in (F) in section 1205 (42 U.S.C. 3796c), by add- priate Tools Required to Intercept and Ob- the death of the public safety officer, ing at the end the following: struct Terrorism Act of 2001 (42 U.S.C. 3796c– unless competent medical evidence estab- ‘‘(d) Unless expressly provided otherwise, 1)) shall be made only upon a determination lishes that the heart attack, stroke, or vas- any reference in this part to any provision of by the Bureau that the facts legally warrant cular rupture was unrelated to the engage- law not in this part shall be understood to the payment; ‘‘(3) any reference to section 1202 of such ment or participation or was directly and constitute a general reference under the doc- proximately caused by something other than title I shall be deemed to be a reference to trine of incorporation by reference, and thus the mere presence of cardiovascular-disease paragraphs (2) and (3) of such section 1202; risk factors.’’; and to include any subsequent amendments to and (v) by adding at the end the following: the provision.’’; ‘‘(4) a certification submitted under any ‘‘(n) The public safety agency, organiza- (G) in each of subsections (a) and (b) of sec- such statute (other than a certification sub- tion, or unit responsible for maintaining on tion 1212 (42 U.S.C. 3796d–1), sections 1213 and mitted pursuant to section 611 of the Uniting file an executed designation of beneficiary or 1214 (42 U.S.C. 3796d–2 and 3796d–3), and sub- and Strengthening America by Providing Ap- executed life insurance policy for purposes of sections (b) and (c) of section 1216 (42 U.S.C. propriate Tools Required to Intercept and subsection (a)(4) shall maintain the confiden- 3796d–5), by striking ‘‘dependent’’ each place Obstruct Terrorism Act of 2001 (42 U.S.C. tiality of the designation or policy in the it appears and inserting ‘‘person’’; 3796c–1)) may be accepted by the Bureau as same manner as the agency, organization, or (H) in section 1212 (42 U.S.C. 3796d–1)— prima facie evidence of the facts asserted in unit maintains personnel or other similar (i) in subsection (a)— the certification: records of the public safety officer.’’; (I) in paragraph (1), in the matter pre- Provided further, That, on and after the date (C) in section 1202 (42 U.S.C. 3796a)— ceding subparagraph (A), by striking ‘‘Sub- of enactment of the Public Safety Officers’ (i) by striking ‘‘death’’, each place it ap- ject’’ and all that follows through ‘‘, the’’ Benefits Improvements Act of 2012, no appeal pears except the second place it appears, and and inserting ‘‘The’’; and shall bring any final determination of the inserting ‘‘fatal’’; and (II) in paragraph (3), by striking ‘‘reduced Bureau before any court for review unless (ii) in paragraph (1), by striking ‘‘or cata- by’’ and all that follows through ‘‘(B) the notice of appeal is filed (within the time strophic injury’’ the second place it appears amount’’ and inserting ‘‘reduced by the specified herein and in the manner pre- and inserting ‘‘, disability, or injury’’; amount’’; scribed for appeal to United States courts of (D) in section 1203 (42 U.S.C. 3796a–1)— (ii) in subsection (c)— appeals from United States district courts) (i) in the section heading, by striking ‘‘WHO (I) in the subsection heading, by striking not later than 90 days after the date on HAVE DIED IN THE LINE OF DUTY’’ and insert- ‘‘DEPENDENT’’; and which the Bureau serves notice of the final ing ‘‘WHO HAVE SUSTAINED FATAL OR CATA- (II) by striking ‘‘dependent’’; determination: Provided further, That any STROPHIC INJURY IN THE LINE OF DUTY’’; and (I) in paragraphs (2) and (3) of section regulations promulgated by the Bureau (ii) by striking ‘‘who have died in the line 1213(b) (42 U.S.C. 3796d–2(b)), by striking ‘‘de- under such part (or any such statute) before, of duty’’ and inserting ‘‘who have sustained pendent’s’’ each place it appears and insert- on, or after the date of enactment of the fatal or catastrophic injury in the line of ing ‘‘person’s’’; Public Safety Officers’ Benefits Improve- duty’’; (J) in section 1216 (42 U.S.C. 3796d–5)— ments Act of 2012 shall apply to any matter

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.038 S27NOPT1 jbell on DSK7SPTVN1PROD with S6954 CONGRESSIONAL RECORD — SENATE November 27, 2012 pending on, or filed or accruing after, the ef- tary personnel strengths for such fiscal ‘‘(i) state with specificity the requirements fective date specified in the regulations.’’. year, and for other purposes; which was of the institution with respect to graduation; (d) EFFECTIVE DATE.— ordered to lie on the table; as follows: ‘‘(ii) include the information required (1) IN GENERAL.—Except as provided in under paragraphs (6) and (7) of section 3676(b) At the end of subtitle F of title V, add the paragraph (1), the amendments made by this of this title; and following: section shall— ‘‘(iii) include any attendance standards of SEC. 561. ADDITIONAL REQUIREMENTS FOR AP- (A) take effect on the date of enactment of PROVAL OF EDUCATIONAL PRO- the institution, if the institution has and en- this Act; and GRAMS FOR PURPOSES OF EDU- forces such standards.’’. (B) apply to any matter pending, before the CATIONAL ASSISTANCE UNDER (2) CONFORMING AMENDMENTS.—Such title is Bureau of Justice Assistance or otherwise, LAWS ADMINISTERED BY SEC- amended— on the date of enactment of this Act, or filed RETARY OF DEFENSE AND SEC- (A) in section 3452(g), by striking ‘‘under or accruing after that date. RETARY OF VETERANS AFFAIRS. the provisions of section 3675 of this title’’; (2) EXCEPTIONS.— (a) AUTOMATIC APPROVAL BY SECRETARY OF (B) in section 3501(11), by striking ‘‘under (A) RESCUE SQUADS AND AMBULANCE VETERANS AFFAIRS OF DEGREE PROGRAMS AP- the provisions of section 3675 of this title’’; PROVED BY ECRETARY OF DUCATION CREWS.—For a member of a rescue squad or S E .— (C) in section 3672(b)(2)(A), by striking ambulance crew (as defined in section 1204(7) Clause (i) of section 3672(b)(2)(A) of title 38, ‘‘3675(b)(1) and (b)(2)’’ and inserting of title I of the Omnibus Crime Control and United States Code, is amended to read as ‘‘3675(c)(1) and (c)(2)’’; and follows: Safe Streets Act of 1968, as amended by this (D) in the heading for section 3675, by ‘‘(i) A course that is described by section section), the amendments made by this Act striking ‘‘accredited courses’’ and inserting 3675(a) of this title.’’. shall apply to injuries sustained on or after ‘‘courses approved by Secretary of Edu- (b) APPROVAL BY SECRETARY OF VETERANS June 1, 2009. ’’. AFFAIRS OF NON-DEGREE PROGRAMS AP- cation (B) HEART ATTACKS, STROKES, AND VAS- (3) CLERICAL AMENDMENT.—The table of PROVED BY SECRETARY OF EDUCATION.— CULAR RUPTURES.—Section 1201(k) of title I of (1) IN GENERAL.—Section 3675 of such title sections at the beginning of chapter 36 of the Omnibus Crime Control and Safe Streets is amended— such title is amended by striking the item Act of 1968, as amended by this section, shall (A) by redesignating subsections (b) and (c) relating to section 3675 and inserting the fol- apply to heart attacks, strokes, and vascular as subsections (c) and (d), respectively; lowing new item: ruptures sustained on or after December 15, (B) by striking subsection (a); and ‘‘3675. Approval of courses approved by Sec- 2003. (C) by inserting before subsection (c), as re- retary of Education.’’. designated by subparagraph (A), the fol- (c) APPROVAL BY SECRETARY OF VETERANS SA 2956. Mr. PORTMAN (for himself lowing new subsections: AFFAIRS OF NON-DEGREE PROGRAMS NOT AP- and Mr. AKAKA) submitted an amend- ‘‘(a) The Secretary or a State approving PROVED BY SECRETARY OF EDUCATION.— ment intended to be proposed by him agency may only approve a course that leads (1) IN GENERAL.—Subsection (a) of section to the bill S. 3254, to authorize appro- to an associate or higher degree when such 3676 of such title is amended to read as fol- priations for fiscal year 2013 for mili- course is an eligible program (as defined in lows: section 481 of the Higher Education Act of ‘‘(a) No course of education which has not tary activities of the Department of 1965 (20 U.S.C. 1088)) offered by an institution Defense, for military construction, and been approved by the Secretary or a State of higher education (as defined in section 102 approving agency under section 3675 of this for defense activities of the Depart- of such Act (20 U.S.C. 1002)) that has entered title shall be approved for the purposes of ment of Energy, to prescribe military into, and is complying with, a program par- this chapter unless— personnel strengths for such fiscal ticipation agreement under section 487 of ‘‘(1) the course— year, and for other purposes; which was such Act (20 U.S.C. 1094). ‘‘(A) does not lead to an associate or higher ‘‘(b)(1) The Secretary or a State approving degree; ordered to lie on the table; as follows: agency may approve a course that does not ‘‘(B) was not an eligible program (as de- At the end of subtitle F of title V, add the lead to an associate or higher degree when— fined in section 481 of the Higher Education following: ‘‘(A) such course— Act of 1965 (20 U.S.C. 1088)) at any time dur- ‘‘(i) is an eligible program (as defined in SEC. 561. REPORT ON DEPARTMENT OF DEFENSE ing the most recent two-year period; and EFFORTS TO STANDARDIZE EDU- section 481 of the Higher Education Act of ‘‘(C) is a course that the Secretary or State CATIONAL TRANSCRIPTS ISSUED TO 1965 (20 U.S.C. 1088)) offered by an institution approving agency determines, in accordance SEPARATING MEMBERS OF THE of higher education (as defined in section 102 with this section and such regulations as the ARMED FORCES. of such Act (20 U.S.C. 1002)) that has entered Secretary shall prescribe and on a case-by- (a) REPORT REQUIRED.—Not later than 90 into, and is complying with, a program par- case basis, that approval of which would fur- days after the date of the enactment of this ticipation agreement under section 487 of ther the purposes of this chapter or any of Act, the Secretary of Defense shall submit to such Act (20 U.S.C. 1094); chapters 30 through 35 of this title; and the Committees on Armed Services of the ‘‘(ii) in the case of a course designed to pre- ‘‘(2) the educational institution offering Senate and the House of Representatives a pare individuals for licensure or certifi- such course submits to the appropriate State report on the efforts of the Department of cation, meets the instructional curriculum approving agency a written application for Defense to standardize the educational tran- licensure or certification requirements of approval of such course in accordance with scripts issued to members of the Armed the State in which the institution is located; the provisions of this chapter.’’. Forces on their separation from the Armed and (2) ADDITIONAL REQUIREMENTS.—Subsection Forces. ‘‘(iii) in the case of a course designed to (c) of section 3676 of such title is amended— (b) ELEMENTS.—The report required by sub- prepare an individual for employment by a (A) by redesignating paragraph (14) as section (a) shall include the following: State board or agency in an occupation that paragraph (21); and (1) A description of the similarities and dif- requires approval or licensure for such em- (B) by inserting after paragraph (13) the ferences between the educational transcripts ployment, is approved or licensed by such following new paragraphs: issued to members separating from the var- State board or agency; ‘‘(14) Such courses providing less than 600 ious Armed Forces. ‘‘(B) such course is accepted by the State clock hours of instruction, or its equivalent, (2) A description of any assessments done department of education for credit for a have verified completion and placement by the Department, or in conjunction with teacher’s certificate; or rates of at least 70 percent. educational institutions, to identify short- ‘‘(C) such course is approved by the State ‘‘(15) Courses that prepare individuals for comings in the transcripts issued to sepa- as meeting the requirement of regulations licensure or certification have verified that rating members in connection with their prescribed by the Secretary of Health and the course’s instructional curriculum appro- ability to qualify for civilian educational Human Services under sections priately includes the licensure or certifi- credits. 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the So- cation requirements in the State in which (3) A description of the implementation cial Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i) the institution deems such curriculum does. plan for the Joint Services Transcript, in- and 1396r(f)(2)(A)(i)). cluding a schedule and the elements of exist- ‘‘(2)(A) An educational institution shall ‘‘(16) Courses for which a State board or ing educational transcripts to be incor- submit an application for approval of courses agency in the State in which the course is porated into the Transcript. to the appropriate State approving agency. designed to prepare a student requires ap- In making application for approval, the in- proval or licensure for employment in the SA 2957. Mr. WEBB submitted an stitution (other than an elementary school recognized occupation in the State is ap- amendment intended to be proposed by or secondary school) shall transmit to the proved or licensed by such State board or him to the bill S. 3254, to authorize ap- State approving agency copies of its catalog agency. propriations for fiscal year 2013 for or bulletin which must be certified as true ‘‘(17) In the case of an educational institu- tion that advertises job placement rates as a military activities of the Department and correct in content and policy by an au- thorized representative of the institution. means of attracting students to enroll in a of Defense, for military construction, ‘‘(B) Each catalog or bulletin transmitted course of education offered by the edu- and for defense activities of the De- by an institution under subparagraph (A) of cational institution, the application con- partment of Energy, to prescribe mili- this paragraph shall— tains any other information necessary to

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.038 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6955 substantiate the truthfulness of such adver- requires approval or licensure for such em- ‘‘2006a. Assistance for education and train- tisements. ployment, is approved or licensed by such ing: availability of certain as- ‘‘(18) The educational institution does not State board or agency. sistance for use only at Federal provide any commission, bonus, or other in- ‘‘(b) WAIVER.—The Secretary of Defense Direct Student Loan partici- centive payment based directly or indirectly may, by regulation, authorize the use of edu- pating institutions.’’. on success in securing enrollments or finan- cational assistance under a Department of (e) EFFECTIVE DATE.—The amendments cial aid to any persons or entities engaged in Defense educational assistance program or made by this section shall take effect on Au- any student recruiting or admission activi- authority covered by this chapter for edu- gust 1, 2013. ties or in making decisions regarding the cational expenses incurred for a program of award of student financial assistance, except education that is not described in subsection SEC. 562. MANDATORY COMPLIANCE REVIEWS. for the recruitment of foreign students resid- (a) if the program— (a) IN GENERAL.—Section 3693 of title 38, ing in foreign countries who are not eligible ‘‘(1) is accredited and approved by a na- United States Code, is amended by adding at to receive Federal student assistance. tionally recognized accrediting agency or as- the end the following new subsection: ‘‘(19) The educational institution does not sociation; ‘‘(c) In addition to the annual compliance make any misrepresentations (as defined in ‘‘(2) was not an eligible program described surveys conducted under subsection (a), the section 668.71 of title 34, Code of Federal Reg- in subsection (a) at any time during the Secretary shall also conduct a compliance ulations (or any corresponding similar regu- most recent two-year period; review, in accordance with such regulations lation or ruling)) regarding the nature of its ‘‘(3) is a program that the Secretary deter- as the Secretary shall prescribe, of an edu- educational program, the nature of its finan- mines would further the purposes of the edu- cational institution described in such sub- cial charges, or the employability of its cational assistance programs or authorities section whenever the Secretary finds any of graduates (as defined in sections 668.72 covered by this chapter, or would further the the following: through 668.74 of such title, respectively (or education interests of students eligible for ‘‘(1) The number of student enrollments at, any corresponding similar regulations or rul- assistance under the such programs or au- or the rate of student enrollments of, the ings)). thorities; educational institution has increased rap- ‘‘(20) The educational institution has pro- ‘‘(4) in the case of a program consisting of idly. vided information necessary to substantiate less than 600 clock hours of instruction, or ‘‘(2) The student dropout rate of the insti- that it complies with the requirements set its equivalent, has verified completion and tution has increased rapidly. forth under section 600.9 of title 34 Code of placement rates of at least 70 percent; ‘‘(3) The cohort default rate, as defined in Federal Regulations (or any corresponding ‘‘(5) in the case of a program that prepares section 435(m) of the Higher Education Act similar regulation or ruling).’’. individuals for licensure or certification, has of 1965 (20 U.S.C. 1085(m)), of the educational (3) REQUIREMENT THAT ADDITIONAL REQUIRE- instructional curriculum that appropriately institution has increased rapidly or is con- MENTS IMPOSED BY STATE APPROVING AGENCIES includes the licensure or certification re- sistently higher than the average of cohort BE APPROVED BY SECRETARY OF VETERANS AF- quirements in the State in which the institu- default rate of comparable educational insti- FAIRS.—Paragraph (21) of such subsection, as tion deems such curriculum does; tutions. redesignated by paragraph (2)(A), is amended ‘‘(6) in the case of a program designed to ‘‘(4) The number of substantiated com- by inserting ‘‘and approved by the Sec- prepare a student for employment in a recog- plaints filed under section 3697C(a)(1) of this retary’’ before the period at the end. nized occupation requiring approval or licen- title with respect to the educational institu- (4) CONFORMING AMENDMENTS.—Section 3676 sure for employment by a State board or tion have increased rapidly or is consistently of such title is amended— agency, the program is approved or licensed higher than the number of substantiated (A) in the heading for such section, by by such State board or agency; and complaints filed with respect to other com- striking ‘‘nonaccredited courses’’ and insert- ‘‘(7) the institution providing the program parable educational institutions. ing ‘‘courses not approved by Secretary of does not provide any commission, bonus, or ‘‘(5) The educational institution is the sub- Education’’; and other incentive payment based directly or ject of a civil lawsuit in Federal or State (B) in subsection (c), in the matter before indirectly on success in securing enrollments court, is charged with a crime under Federal paragraph (1), by striking ‘‘non-accredited’’. or financial aid to any persons or entities en- or State law, or is the subject of an official (5) CLERICAL AMENDMENT.—The table of gaged in any student recruiting or admission investigation of a State or Federal agency sections at the beginning of chapter 36 of activities or in making decisions regarding for misconduct. such title is amended by striking the item the award of student financial assistance, ex- ‘‘(6) The educational institution has sig- relating to section 3675 and inserting the fol- cept for the recruitment of foreign students nificant growth in revenue resulting from lowing new item: residing in foreign countries who are not eli- tuition, including tuition paid with assist- ‘‘3676. Approval of courses not approved by gible to receive Federal student assistance. ance provided under this chapter, chapters 30 Secretary of Education.’’. ‘‘(c) DEFINITIONS.—In this section: through 35 of this title, or the educational (d) ASSISTANCE UNDER CERTAIN DEPART- ‘‘(1) The term ‘Department of Defense edu- assistance programs or authorities specified MENT OF DEFENSE EDUCATIONAL ASSISTANCE cational assistance programs and authorities in section 2006a(c)(1) of title 10, which cannot PROGRAMS AVAILABLE FOR USE ONLY AT covered by this section’ means the programs be attributed to changes made to such chap- FDSL PARTICIPATING INSTITUTIONS.— and authorities as follows: ters by Acts of Congress or changes to the (1) IN GENERAL.—Chapter 101 of title 10, ‘‘(A) The programs to assist military administration of such chapters, programs, United States Code, is amended by inserting spouses in achieving education and training or authorities. after section 2006 the following new section: to expand employment and portable career ‘‘(7) Such other findings as the Secretary ‘‘§ 2006a. Assistance for education and train- opportunities under section 1784a of this considers warrant conducting a compliance ing: availability of certain assistance for title. survey under subsection (a).’’. use only at Federal Direct Student Loan ‘‘(B) The authority to pay tuition for off- (b) EFFECTIVE DATE.—Subsection (c) of participating institutions duty training or education of members of the such section, as added by subsection (a), ‘‘(a) IN GENERAL.—Effective as of August, armed forces under section 2007 of this title. shall take effect on August 1, 2013. 1, 2013, an individual eligible for assistance ‘‘(C) The program of educational assistance under a Department of Defense educational for members of the Selected Reserve under assistance program or authority covered by chapter 1606 of this title. SA 2958. Mr. WEBB submitted an this section may, except as provided in sub- ‘‘(D) The program of educational assist- amendment intended to be proposed by section (b), only use such assistance for edu- ance for reserve component members sup- him to the bill S. 3254, to authorize ap- cational expenses incurred for an eligible porting contingency operations and certain propriations for fiscal year 2013 for program (as defined in section 481 of the other operations under chapter 1607 of this military activities of the Department Higher Education Act of 1965 (20 U.S.C. 1088)) title. of Defense, for military construction, that— ‘‘(E) Any other program or authority of the ‘‘(1) is offered by an institution of higher Department of Defense for assistance in edu- and for defense activities of the De- education that has entered into, and is com- cation or training carried out under the laws partment of Energy, to prescribe mili- plying with, a program participation agree- administered by the Secretary of Defense tary personnel strengths for such fiscal ment under section 487 of such Act (20 U.S.C. that is designated by the Secretary, by regu- year, and for other purposes; which was 1094); lation, for purposes of this section. ordered to lie on the table; as follows: ‘‘(2) in the case of a program designed to ‘‘(2) The term ‘institution of higher edu- prepare individuals for licensure or certifi- cation’ has the meaning given that term in At the end of division A, add the following: cation, meets the instructional curriculum section 102 of the Higher Education Act for TITLE XVIII—MILITARY AND VETERANS licensure or certification requirements of 1965 (20 U.S.C. 1002).’’. EDUCATIONAL REFORM the State in which the institution is located; (2) CLERICAL AMENDMENT.—The table of and sections at the beginning of chapter 101 of SEC. 1801. SHORT TITLE. ‘‘(3) in the case of a program designed to such title is amended by inserting after the This title may be cited as the ‘‘Military prepare individuals for employment by a item relating to section 2006 the following and Veterans Educational Reform Act of State board or agency in an occupation that new item: 2012’’.

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.039 S27NOPT1 jbell on DSK7SPTVN1PROD with S6956 CONGRESSIONAL RECORD — SENATE November 27, 2012 SEC. 1802. ADDITIONAL REQUIREMENTS FOR AP- ‘‘(iii) include any attendance standards of on success in securing enrollments or finan- PROVAL OF EDUCATIONAL PRO- the institution, if the institution has and en- cial aid to any persons or entities engaged in GRAMS FOR PURPOSES OF EDU- forces such standards.’’. any student recruiting or admission activi- CATIONAL ASSISTANCE UNDER (2) CONFORMING AMENDMENTS.—Such title is ties or in making decisions regarding the LAWS ADMINISTERED BY SEC- RETARY OF VETERANS AFFAIRS AND amended— award of student financial assistance, except SECRETARY OF DEFENSE. (A) in section 3452(g), by striking ‘‘under for the recruitment of foreign students resid- (a) AUTOMATIC APPROVAL BY SECRETARY OF the provisions of section 3675 of this title’’; ing in foreign countries who are not eligible VETERANS AFFAIRS OF DEGREE PROGRAMS AP- (B) in section 3501(11), by striking ‘‘under to receive Federal student assistance. PROVED BY SECRETARY OF EDUCATION.— the provisions of section 3675 of this title’’; ‘‘(19) The educational institution does not Clause (i) of section 3672(b)(2)(A) of title 38, (C) in section 3672(b)(2)(A), by striking make any misrepresentations (as defined in United States Code, is amended to read as ‘‘3675(b)(1) and (b)(2)’’ and inserting section 668.71 of title 34, Code of Federal Reg- follows: ‘‘3675(c)(1) and (c)(2)’’; and ulations (or any corresponding similar regu- ‘‘(i) A course that is described by section (D) in the heading for section 3675, by lation or ruling)) regarding the nature of its 3675(a) of this title.’’. striking ‘‘accredited courses’’ and inserting educational program, the nature of its finan- (b) APPROVAL BY SECRETARY OF VETERANS ‘‘courses approved by Secretary of Edu- cial charges, or the employability of its AFFAIRS OF NON-DEGREE PROGRAMS AP- cation’’. graduates (as defined in sections 668.72 PROVED BY SECRETARY OF EDUCATION.— (3) CLERICAL AMENDMENT.—The table of through 668.74 of such title, respectively (or (1) IN GENERAL.—Section 3675 of such title sections at the beginning of chapter 36 of any corresponding similar regulations or rul- is amended— such title is amended by striking the item ings)). (A) by redesignating subsections (b) and (c) relating to section 3675 and inserting the fol- ‘‘(20) The educational institution has pro- as subsections (c) and (d), respectively; lowing new item: vided information necessary to substantiate that it complies with the requirements set (B) by striking subsection (a); and ‘‘3675. Approval of courses approved by Sec- forth under section 600.9 of title 34 Code of (C) by inserting before subsection (c), as re- retary of Education.’’. Federal Regulations (or any corresponding designated by subparagraph (A), the fol- (c) APPROVAL BY SECRETARY OF VETERANS similar regulation or ruling).’’. lowing new subsections: AFFAIRS OF NON-DEGREE PROGRAMS NOT AP- ‘‘(a) The Secretary or a State approving (3) REQUIREMENT THAT ADDITIONAL REQUIRE- PROVED BY SECRETARY OF EDUCATION.— agency may only approve a course that leads MENTS IMPOSED BY STATE APPROVING AGENCIES (1) IN GENERAL.—Subsection (a) of section BE APPROVED BY SECRETARY OF VETERANS AF- to an associate or higher degree when such 3676 of such title is amended to read as fol- course is an eligible program (as defined in FAIRS.—Paragraph (21) of such subsection, as lows: section 481 of the Higher Education Act of redesignated by paragraph (2)(A), is amended ‘‘(a) No course of education which has not 1965 (20 U.S.C. 1088)) offered by an institution by inserting ‘‘and approved by the Sec- been approved by the Secretary or a State of higher education (as defined in section 102 retary’’ before the period at the end. approving agency under section 3675 of this of such Act (20 U.S.C. 1002)) that has entered (4) CONFORMING AMENDMENTS.—Section 3676 title shall be approved for the purposes of into, and is complying with, a program par- of such title is amended— this chapter unless— ticipation agreement under section 487 of (A) in the heading for such section, by ‘‘(1) the course— such Act (20 U.S.C. 1094). striking ‘‘nonaccredited courses’’ and insert- ‘‘(b)(1) The Secretary or a State approving ‘‘(A) does not lead to an associate or higher ing ‘‘courses not approved by Secretary of agency may approve a course that does not degree; Education’’; and lead to an associate or higher degree when— ‘‘(B) was not an eligible program (as de- (B) in subsection (c), in the matter before ‘‘(A) such course— fined in section 481 of the Higher Education paragraph (1), by striking ‘‘non-accredited’’. ‘‘(i) is an eligible program (as defined in Act of 1965 (20 U.S.C. 1088)) at any time dur- (5) CLERICAL AMENDMENT.—The table of section 481 of the Higher Education Act of ing the most recent two-year period; and sections at the beginning of chapter 36 of 1965 (20 U.S.C. 1088)) offered by an institution ‘‘(C) is a course that the Secretary or State such title is amended by striking the item of higher education (as defined in section 102 approving agency determines, in accordance relating to section 3675 and inserting the fol- of such Act (20 U.S.C. 1002)) that has entered with this section and such regulations as the lowing new item: into, and is complying with, a program par- Secretary shall prescribe and on a case-by- ‘‘3676. Approval of courses not approved by ticipation agreement under section 487 of case basis, that approval of which would fur- Secretary of Education.’’. such Act (20 U.S.C. 1094); ther the purposes of this chapter or any of (d) ASSISTANCE UNDER CERTAIN DEPART- ‘‘(ii) in the case of a course designed to pre- chapters 30 through 35 of this title; and MENT OF DEFENSE EDUCATIONAL ASSISTANCE pare individuals for licensure or certifi- ‘‘(2) the educational institution offering PROGRAMS AVAILABLE FOR USE ONLY AT cation, meets the instructional curriculum such course submits to the appropriate State FDSL PARTICIPATING INSTITUTIONS.— licensure or certification requirements of approving agency a written application for (1) IN GENERAL.—Chapter 101 of title 10, the State in which the institution is located; approval of such course in accordance with United States Code, is amended by inserting and the provisions of this chapter.’’. after section 2006 the following new section: ‘‘(iii) in the case of a course designed to (2) ADDITIONAL REQUIREMENTS.—Subsection ‘‘§ 2006a. Assistance for education and train- prepare an individual for employment by a (c) of section 3676 of such title is amended— ing: availability of certain assistance for State board or agency in an occupation that (A) by redesignating paragraph (14) as use only at Federal Direct Student Loan requires approval or licensure for such em- paragraph (21); and participating institutions (B) by inserting after paragraph (13) the ployment, is approved or licensed by such ‘‘(a) IN GENERAL.—Effective as of August, State board or agency; following new paragraphs: 1, 2013, an individual eligible for assistance ‘‘(B) such course is accepted by the State ‘‘(14) Such courses providing less than 600 under a Department of Defense educational department of education for credit for a clock hours of instruction, or its equivalent, assistance program or authority covered by teacher’s certificate; or have verified completion and placement this section may, except as provided in sub- ‘‘(C) such course is approved by the State rates of at least 70 percent. section (b), only use such assistance for edu- as meeting the requirement of regulations ‘‘(15) Courses that prepare individuals for cational expenses incurred for an eligible prescribed by the Secretary of Health and licensure or certification have verified that program (as defined in section 481 of the Human Services under sections the course’s instructional curriculum appro- Higher Education Act of 1965 (20 U.S.C. 1088)) 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the So- priately includes the licensure or certifi- that— cial Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i) cation requirements in the State in which ‘‘(1) is offered by an institution of higher and 1396r(f)(2)(A)(i)). the institution deems such curriculum does. education that has entered into, and is com- ‘‘(2)(A) An educational institution shall ‘‘(16) Courses for which a State board or plying with, a program participation agree- submit an application for approval of courses agency in the State in which the course is ment under section 487 of such Act (20 U.S.C. to the appropriate State approving agency. designed to prepare a student requires ap- 1094); In making application for approval, the in- proval or licensure for employment in the ‘‘(2) in the case of a program designed to stitution (other than an elementary school recognized occupation in the State is ap- prepare individuals for licensure or certifi- or secondary school) shall transmit to the proved or licensed by such State board or cation, meets the instructional curriculum State approving agency copies of its catalog agency. licensure or certification requirements of or bulletin which must be certified as true ‘‘(17) In the case of an educational institu- the State in which the institution is located; and correct in content and policy by an au- tion that advertises job placement rates as a and thorized representative of the institution. means of attracting students to enroll in a ‘‘(3) in the case of a program designed to ‘‘(B) Each catalog or bulletin transmitted course of education offered by the edu- prepare individuals for employment by a by an institution under subparagraph (A) of cational institution, the application con- State board or agency in an occupation that this paragraph shall— tains any other information necessary to requires approval or licensure for such em- ‘‘(i) state with specificity the requirements substantiate the truthfulness of such adver- ployment, is approved or licensed by such of the institution with respect to graduation; tisements. State board or agency. ‘‘(ii) include the information required ‘‘(18) The educational institution does not ‘‘(b) WAIVER.—The Secretary of Defense under paragraphs (6) and (7) of section 3676(b) provide any commission, bonus, or other in- may, by regulation, authorize the use of edu- of this title; and centive payment based directly or indirectly cational assistance under a Department of

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Defense educational assistance program or (e) EFFECTIVE DATE.—The amendments compares with the averages of all public edu- authority covered by this chapter for edu- made by this section shall take effect on Au- cational institutions with similar courses of cational expenses incurred for a program of gust 1, 2013. education in the State in which the edu- education that is not described in subsection SEC. 1803. REQUIREMENT THAT EDUCATIONAL cational institution is located. (a) if the program— INSTITUTIONS INFORM STUDENTS ‘‘(L) A description of the procedures by ‘‘(1) is accredited and approved by a na- OF MATTERS RELATING TO ACCRED- which student may submit complaints re- tionally recognized accrediting agency or as- ITATION AND OUTCOMES AS CONDI- garding educational institutions to applica- TION OF APPROVAL FOR PURPOSES ble Federal and State agencies, including sociation; OF EDUCATIONAL ASSISTANCE ‘‘(2) was not an eligible program described UNDER LAWS ADMINISTERED BY State approving agencies and accrediting in subsection (a) at any time during the SECRETARY OF VETERANS AFFAIRS agencies or associations and such contact in- most recent two-year period; AND SECRETARY OF DEFENSE. formation as may be necessary to submit ‘‘(3) is a program that the Secretary deter- (a) EDUCATIONAL ASSISTANCE UNDER LAWS such complaints. mines would further the purposes of the edu- ADMINISTERED BY SECRETARY OF VETERANS ‘‘(M) A description of the process estab- cational assistance programs or authorities AFFAIRS.—Section 3672 of title 38, United lished under section 3697C(a) of this title and covered by this chapter, or would further the States Code, is amended— such contact information as may be nec- education interests of students eligible for (1) by adding at the end the following new essary to submit a complaint in accordance assistance under the such programs or au- subsection: with such process. thorities; ‘‘(f)(1) A course of education that is offered ‘‘(N) The policies established by the edu- ‘‘(4) in the case of a program consisting of by an educational institution may not be ap- cational institution regarding transfer of less than 600 clock hours of instruction, or proved under this chapter unless the edu- course credit, including the following: its equivalent, has verified completion and cational institution discloses and makes ‘‘(i) Any established criteria the edu- placement rates of at least 70 percent; readily available the information described cational institution uses regarding the ‘‘(5) in the case of a program that prepares in paragraph (2) to— transfer of course credit earned at another individuals for licensure or certification, has ‘‘(A) each individual considering enrolling educational institution. instructional curriculum that appropriately in the course of education at or before the ‘‘(ii) A list of educational institutions that includes the licensure or certification re- moment at which the individual applies for will accept transfer of course credit for spe- quirements in the State in which the institu- enrollment in such course of education; cific programs of education offered by the tion deems such curriculum does; ‘‘(B) each student who is enrolled in the educational institution. ‘‘(6) in the case of a program designed to course of education each year the student is ‘‘(iii) A list of educational institutions prepare a student for employment in a recog- so enrolled; and from which the educational institution will nized occupation requiring approval or licen- ‘‘(C) the public. accept transfer of course credit for specific sure for employment by a State board or ‘‘(2) The information described in this programs offered by that educational insti- agency, the program is approved or licensed paragraph with respect to an educational in- tution. by such State board or agency; and stitution or a course of education of the edu- ‘‘(iv) Any changes by the educational insti- ‘‘(7) the institution providing the program cational institution is the following: tution in such policies and established cri- does not provide any commission, bonus, or ‘‘(A) The names of associations, agencies, teria that first took effect in the most recent other incentive payment based directly or or governmental bodies which accredit, ap- one-year period. indirectly on success in securing enrollments prove, or license the educational institution ‘‘(O) A statement of the requirements of or financial aid to any persons or entities en- and its courses of education and the proce- any refund policies of the educational insti- gaged in any student recruiting or admission dures under which any current or prospec- tution. activities or in making decisions regarding tive student may obtain or review upon re- ‘‘(P) A statement of the requirements for the award of student financial assistance, ex- quest a copy of the documents describing the officially withdrawing from a course of edu- cept for the recruitment of foreign students educational institution’s accreditation, ap- cation at the educational institution. residing in foreign countries who are not eli- proval, or licensing. ‘‘(Q) The standards which a student must gible to receive Federal student assistance. ‘‘(B) Whether the educational institution is maintain in order to be considered to be ‘‘(c) DEFINITIONS.—In this section: a public educational institution, a private making satisfactory progress in a course of ‘‘(1) The term ‘Department of Defense edu- nonprofit educational institution, or a pri- education at the educational institution. cational assistance programs and authorities vate for-profit educational institution. ‘‘(R) A description of the services available covered by this section’ means the programs ‘‘(C) The rates of graduation of students at the educational institution that are tai- and authorities as follows: who enroll in the course of education and the lored specifically to meet the needs of indi- ‘‘(A) The programs to assist military average dropout rate of all students enrolled viduals receiving assistance under this chap- spouses in achieving education and training in the course of education. ter, any of chapters 30 through 35 of this to expand employment and portable career ‘‘(D) The percentage of students enrolled in title, or an educational assistance program opportunities under section 1784a of this the course of education who complete the or authority specified in section 2006a(c)(1) of title. course within— title 10, including services provided under ‘‘(B) The authority to pay tuition for off- ‘‘(i) the standard period for completion of section 3679A(a) of this title. such course of education; duty training or education of members of the ‘‘(S) In the case of an educational institu- ‘‘(ii) 150 percent of such period; and armed forces under section 2007 of this title. tion that advertises job placement rates as a ‘‘(iii) 200 percent of such period. ‘‘(C) The program of educational assistance means of attracting students to enroll in the ‘‘(E) The median educational debt incurred for members of the Selected Reserve under educational institution, such information as by students who complete the course of edu- chapter 1606 of this title. may be necessary to substantiate the truth- cation. ‘‘(D) The program of educational assist- fulness of the claims made in such adver- ‘‘(F) The cohort default rate, as defined in ance for reserve component members sup- tising. porting contingency operations and certain section 435(m) of the Higher Education Act other operations under chapter 1607 of this of 1965 (20 U.S.C. 1085(m)), of the educational ‘‘(3) The information disclosed and made title. institution. readily available under paragraph (1) to indi- ‘‘(E) Any other program or authority of the ‘‘(G) The rates of job placement of students viduals and students described in subpara- Department of Defense for assistance in edu- who complete the course of education, as ap- graphs (A) and (B) of such paragraph, respec- cation or training carried out under the laws plicable, and the types of employment ob- tively, shall be disclosed and made readily administered by the Secretary of Defense tained by such students. available— that is designated by the Secretary, by regu- ‘‘(H) For any job for which the course of ‘‘(A) in language that can be easily under- education is designed to prepare a student, lation, for purposes of this section. stood by such individuals and students; and the relevant licensing or certification re- ‘‘(2) The term ‘institution of higher edu- ‘‘(B) in a uniform manner that is appro- quirements for such job in the State for cation’ has the meaning given that term in priate for such individuals and students, in- which the course is designed to prepare the section 102 of the Higher Education Act for cluding by publications, mailings, and elec- student to obtain such license or certificate 1965 (20 U.S.C. 1002).’’. tronic media.’’; and and the examination and licensure test pass (2) CLERICAL AMENDMENT.—The table of (2) in subsection (b)(2)(A), as amended by rates, as applicable. sections at the beginning of chapter 101 of section 1802(b)(2), in the matter before clause ‘‘(I) The tuition and fees for programs of such title is amended by inserting after the (i), by inserting ‘‘subsection (f) and’’ after education at the educational institution. item relating to section 2006 the following ‘‘Subject to’’. new item: ‘‘(J) The percentage of students enrolled in programs of education at the educational in- (b) EDUCATIONAL ASSISTANCE UNDER LAWS ‘‘2006a. Assistance for education and train- stitution who have submitted a complaint ADMINISTERED BY SECRETARY OF DEFENSE.— ing: availability of certain as- under section 3697C(a) of this title. (1) IN GENERAL.—Chapter 101 of title 10, sistance for use only at Federal ‘‘(K) With respect to the information re- United States Code, is amended by inserting Direct Student Loan partici- ported under subparagraphs (C) through (J), after section 2006a, as added by section pating institutions.’’. indicators of how the educational institution 1802(d) of this Act, the following new section:

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Disclosure requirements of edu- education as are important to the edu- retary considers appropriate, including un- cational institutions cational success of covered individuals; and announced audits and audits using risk- ‘‘The Secretary may not provide a pay- ‘‘(3) is available to assist covered individ- based approaches, of educational institutions ment of educational expenses under an edu- uals on a full-time basis. in the State of the State approving agency cational assistance program or authority ‘‘(c) COVERED INDIVIDUAL DEFINED.—In this that have students enrolled in programs of specified in subsection (c)(1) of section 2006a section, the term ‘covered individual’, with education at the educational institutions of this title for instruction at an accredited respect to enrollment in a program of edu- who are receiving educational assistance institution of higher education (as defined in cation, means an individual who is receiving under this chapter or any of chapters 30 subsection (c)(2) of section 2006a of this title) educational assistance under this chapter or through 35 of this title (without regard to unless such institution discloses and makes any of chapters 30 through 35 of this title or whether the Secretary or the State approv- readily available the information described under the educational assistance programs ing agency approved the courses offered) in in paragraph (2) of section 3672(f) of title 38 and authorities specified in section such State— as described in paragraph (3) of such section 2006a(c)(1) of title 10 for such program of edu- ‘‘(A) to detect misrepresentation, fraud, 3672(f) to the following: cation.’’. waste, and abuse; ‘‘(1) Each individual considering enrolling (2) CLERICAL AMENDMENT.—The table of ‘‘(B) to ensure full compliance with the in the course of education at or before the sections at the beginning of chapter 36 of provisions of this chapter; and moment at which the individual applies for such title is amended by inserting after the ‘‘(C) for such other purposes as the Sec- enrollment in such course of education. item relating to section 3679 the following retary considers appropriate.’’. (c) REPORTS.—Section 3674(a)(3) of such ‘‘(2) Each student who is enrolled in the new item: title is amended— course of education each year the student is ‘‘3679A. Additional requirements.’’. (1) by inserting ‘‘(A)’’ before ‘‘Each State’’; so enrolled. (b) CONFORMING AMENDMENT.—Section and ‘‘(3) The public.’’. 3672(b)(2)(A) of such title (as amended by sec- (2) by adding at the end the following new (2) CLERICAL AMENDMENT.—The table of tion 1803(a)(2)) is further amended by strik- subparagraph: sections at the beginning of chapter 101 of ing ‘‘and 3696’’ and inserting ‘‘3696, and ‘‘(B) Each report submitted under subpara- such title, as amended by section 1802(d) of 3679A’’. graph (A) shall include the following: this Act, is further amended by inserting (c) EFFECTIVE DATE.—Section 3679A of such ‘‘(i) The number of visits made by the after the item relating to section 2006a the title, as added by paragraph (1), shall take agency to educational institutions, including following new item: effect on August 1, 2013. the number of such visits that were made ‘‘2006b. Disclosure requirements of edu- SEC. 1805. STATE APPROVING AGENCIES. without the prior knowledge of such edu- cational institutions.’’. (a) EDUCATION AND OUTREACH.— cational institution. (c) EFFECTIVE DATE.—Subsection (f) of sec- (1) IN GENERAL.—Subchapter I of chapter 36 ‘‘(ii) A description of the audits carried out tion 3672 of title 38, United States Code, as of title 38, United States Code, is amended by by the agency under section 3673(d)(2) of this added by subsection (a)(1), and section 2006b inserting after section 3674A the following title and the findings of the agency, includ- of title 10, United States Code, as added by new section: ing with respect to any substantiated find- subsection (b), shall take effect on August 1, ‘‘§ 3674B. Education and outreach ings of misrepresentation, fraud, waste, 2013. abuse, or failure to comply with an applica- ‘‘(a) EDUCATION AND OUTREACH REQUIRED.— SEC. 1804. ADDITIONAL REQUIREMENTS OF EDU- ble requirement of this chapter and the steps As a condition on receipt of reimbursement CATIONAL INSTITUTIONS FOR SUP- taken by the agency to address such fraud, expenses under section 3674 of this title, each PORT OF VETERANS AND MEMBERS waste, abuse, or failure to comply. OF ARMED FORCES. State approving agency shall conduct such ‘‘(iii) A description of the outreach and (a) REQUIREMENTS.— education and outreach activities for indi- training activities conducted by the agency (1) IN GENERAL.—Subchapter I of chapter 36 viduals who are eligible to receive or are re- under section 3674B of this title.’’. of title 38, United States Code, is amended by ceiving educational assistance under this (d) EFFECTIVE DATE.—The amendments adding at the end the following new section: chapter or any of chapters 30 through 35 of made by this section shall take effect on Au- ‘‘§ 3679A. Additional requirements this title as the Secretary considers appro- gust 1, 2013. priate to assist such individuals in making ‘‘(a) PROVISION OF COUNSELING AND SERV- SEC. 1806. MANDATORY COMPLIANCE REVIEWS. well-informed choices about their education ICES.—(1) An educational institution with 20 (a) IN GENERAL.—Section 3693 of title 38, and successfully transitioning into an edu- or more covered individuals enrolled in pro- United States Code, is amended by adding at grams of education at the educational insti- cational environment. the end the following new subsection: tution may not be approved under this chap- ‘‘(b) COORDINATION.—Each State approving ‘‘(c) In addition to the annual compliance ter unless the educational institution pro- agency conducting outreach activities under surveys conducted under subsection (a), the vides adequate academic and student support subsection (a) shall coordinate with the Sec- Secretary shall also conduct a compliance services (as determined by the Secretary), retary of Defense to ensure, as the Secretary review, in accordance with such regulations including remediation, tutoring, and career of Defense considers appropriate, that infor- as the Secretary shall prescribe, of an edu- and job placement counseling services to mation on educational assistance available cational institution described in such sub- such covered individuals. under this chapter and chapters 30 through section whenever the Secretary finds any of ‘‘(2) The Secretary may, on a case-by-case 35 of this title is made readily available as the following: basis, waive the requirement to provide serv- part of the Transition Assistance Program ‘‘(1) The number of student enrollments at, ices under paragraph (1) for an educational (TAP) of the Department of Defense in the or the rate of student enrollments of, the institution for an academic year if— State of the State approving agency. educational institution has increased rap- ‘‘(A) the Secretary determines that the ‘‘(c) MANNER.—Information made available idly. educational institution has demonstrated as part of education and outreach activities ‘‘(2) The student dropout rate of the insti- that providing such services during such aca- under this section shall be made— tution has increased rapidly. demic year would lead to severe financial ‘‘(1) in language that can be easily under- ‘‘(3) The cohort default rate, as defined in hardship; and stood by individuals described in paragraph section 435(m) of the Higher Education Act ‘‘(B) the educational institution submits to (1); of 1965 (20 U.S.C. 1085(m)), of the educational the Secretary a plan to provide such services ‘‘(2) in a uniform and easily accessible institution has increased rapidly or is con- during the following academic year. manner; and sistently higher than the average of cohort ‘‘(b) MINIMUM STANDARDS FOR EMPLOYMENT ‘‘(3) through such means as may be appro- default rate of comparable educational insti- OF POINTS OF CONTACT.—An educational in- priate and effective, including through publi- tutions. stitution may not be approved under this cations, mailings, and electronic media.’’. ‘‘(4) The number of substantiated com- chapter unless the educational institution (2) CLERICAL AMENDMENT.—The table of plaints filed under section 3697C(a)(1) of this employs a number of full-time equivalent sections at the beginning of chapter 36 of title with respect to the educational institu- employees that the Secretary considers ade- such title is amended by inserting after the tion have increased rapidly or is consistently quate, but not less than one full-time equiva- item relating to section 3674A the following higher than the number of substantiated lent employee, who— new item: complaints filed with respect to other com- ‘‘(1) acts as a point of contact for covered ‘‘3674B. Education and outreach.’’. parable educational institutions. individuals on matters relating to edu- (b) AUDITS.—Section 3673(d) of such title is ‘‘(5) The educational institution is the sub- cational assistance available to individuals amended— ject of a civil lawsuit in Federal or State under this chapter and chapters 30 through (1) by inserting ‘‘(1)’’ before ‘‘The Sec- court, is charged with a crime under Federal 35 of this title and under the educational as- retary’’; and or State law, or is the subject of an official sistance programs and authorities specified (2) by adding at the end the following new investigation of a State or Federal agency in section 2006a(c)(1) of title 10; paragraph: for misconduct. ‘‘(2) is knowledgeable about such edu- ‘‘(2) Each year, each State approving agen- ‘‘(6) The educational institution has sig- cational assistance and such other financial cy, as a condition of receiving reimburse- nificant growth in revenue resulting from aid, admissions, counseling and referral serv- ment of expenses under section 3674 of this tuition, including tuition paid with assist- ices, and matters relating to postsecondary title, shall conduct such audits as the Sec- ance provided under this chapter, chapters 30

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through 35 of this title, or the educational ‘‘(5) An introduction to the College Navi- ‘‘(b) INFORMATION SHARING BETWEEN SEC- assistance programs or authorities specified gator Internet website of the Department of RETARY OF VETERANS AFFAIRS, SECRETARY OF in section 2006a(c)(1) of title 10, which cannot Education. DEFENSE, AND SECRETARY OF EDUCATION.—(1) be attributed to changes made to such chap- ‘‘(d) QUALIFIED COUNSELORS.—Counseling Not later than 180 days after the date of the ters by Acts of Congress or changes to the provided under subsection (a) may only be enactment of the National Defense Author- administration of such chapters, programs, provided by properly trained counselors, as ization Act for Fiscal Year 2013, the Sec- or authorities. determined by the Secretary of Veterans Af- retary of Veterans Affairs and the Secretary ‘‘(7) Such other findings as the Secretary fairs and the Secretary of Defense. of Defense shall each establish, by regula- considers warrant conducting a compliance ‘‘(e) USE OF INFORMATION DISCLOSED BY tion, a process by which information may be survey under subsection (a).’’. EDUCATIONAL INSTITUTIONS.—In providing reported by their respective departments to (b) EFFECTIVE DATE.—Subsection (c) of educational assistance under this section, the Secretary of Education and each other such section, as added by subsection (a), the Secretary of Veterans Affairs and the regarding information with respect to sub- shall take effect on August 1, 2013. Secretary of Defense shall, to the degree stantiated acts by educational institutions practicable, use the information disclosed of misrepresentation, fraud, waste, or abuse SEC. 1807. TRAINING AND COUNSELING SO VET- ERANS AND MEMBERS OF THE and made readily available under section or failure to comply with an applicable re- ARMED FORCES CAN MAKE IN- 3672(f)(1) of this title. quirement of this chapter or other informa- FORMED DECISIONS ABOUT EDU- ‘‘(f) LINKS TO COLLEGE NAVIGATOR INTER- tion considered appropriate by the reporting CATION. NET WEBSITE OF DEPARTMENT OF EDU- Secretary by an educational institution at (a) IN GENERAL.—Subchapter II of chapter CATION.—The Secretary of Veterans Affairs which an individual is enrolled in a program 36 of title 38, United States Code, is amended and the Secretary of Defense shall provide of education for which the individual re- by adding at the end the following new sec- links on the Internet websites of the Depart- ceives educational assistance under this tion: ment of Veterans Affairs of the Department chapter, any of chapters 30 through 35 of this of Defense, respectively, to the College Navi- title, or an educational assistance program ‘‘§ 3697B. Required one-on-one educational gator Internet website of the Department of or authority specified in section 2006a(c)(1) of counseling Education in such a manner as the Secretary title 10 relevant to the purpose and effective ‘‘(a) PROVISION OF COUNSELING REQUIRED.— of Veterans Affairs and the Secretary of De- implementation of Federal programs of edu- (1) The Secretary of Veterans Affairs shall fense consider appropriate to inform vet- cational assistance provided under such provide individualized, one-on-one edu- erans and members of the Armed Forces of chapters, programs, or authorities. cational counseling to all individuals consid- the availability of and the benefits of using ‘‘(2) Not later than 180 days after the date ering pursuing a program of education with the College Navigator Internet website.’’. of the enactment of the National Defense assistance furnished under this chapter or (b) CLERICAL AMENDMENT.—The table of Authorization Act for Fiscal Year 2013, the any of chapters 30 through 35 of this title. sections for chapter 36 of such title is amend- Secretary of Education shall establish a ‘‘(2) The Secretary of Defense shall provide ed by adding at the end the following new process by which the Secretary of Education individualized, one-on-one educational coun- item: notifies the Secretary of Veterans Affairs seling to all individuals considering pursuing ‘‘3697B. Required one-on-one educational and the Secretary of Defense of the following a program of education with assistance fur- counseling.’’. with respect to educational institutions: nished under an educational assistance pro- (c) CLARIFICATION.— ‘‘(A) Substantiated acts by educational in- gram or authority specified in section (1) HEADING OF SECTION 3697A OF TITLE 38.— stitutions of misrepresentation, fraud, 2006a(c)(1) of title 10. Section 3697A of such title is amended, in the waste, or abuse. ‘‘(b) TIME AND MANNER OF COUNSELING.—(1) heading, by adding ‘‘by election’’ at the end. ‘‘(B) Loss of accreditation. Counseling provided under subsection (a) to (2) TABLE OF SECTIONS.—The table of sec- ‘‘(C) Loss of eligibility under title IV of the an individual described in such subsection tions for chapter 36 of such title is amended Higher Education Act of 1965 (20 U.S.C. 1070 considering a program of education shall be by amending the item relating to section et seq.). provided at or before the individual enrolls 3697A to read as follows: ‘‘(D) Has been reported by a Federal or State agency or a nationally recognized ac- in such program as follows: ‘‘3697A. Educational and vocational coun- crediting agency or association as failing to ‘‘(A) To such individuals who have received seling by election.’’. comply with, or has a significant risk of fail- fewer than 1⁄3 of the credits necessary to (d) EFFECTIVE DATE.—Section 3697B of such ing to comply with, a provision of Federal or complete the program of education, a com- title, as added by paragraph (1), shall take State law or a requirement that is a condi- plete version of such counseling. effect on August 1, 2013, and shall apply with tion for accreditation established by a na- ‘‘(B) To such individuals who have received respect to individuals considering pursuing tionally recognized accrediting agency or as- 1⁄3 or more of the credits necessary to com- programs of education as described in sub- sociation. plete the program of education, a condensed section (a) of such section after such date. version of such counseling as the Secretary ‘‘(E) Such other information as the Sec- SEC. 1808. COORDINATION AND OVERSIGHT OF retary of Education considers appropriate. of Veterans Affairs or the Secretary of De- EDUCATIONAL ASSISTANCE PRO- ‘‘(c) ANNUAL REPORT ON EDUCATIONAL AS- fense, as the case may be, considers appro- GRAMS. SISTANCE PROVIDED BY DEPARTMENT OF VET- priate. (a) IN GENERAL.—Subchapter II of chapter ERANS AFFAIRS AND DEPARTMENT OF DE- ‘‘(2) To the extent practicable, counseling 36 of title 38, United States Code, as amended FENSE.—(1) Not less frequently than once by section 1806, is further amended by adding provided under subsection (a) to an indi- each year, the Secretary of Veterans Affairs at the end the following new section: vidual described in paragraph (1)(A) of this and the Secretary of Defense shall each sub- subsection shall be provided in person. ‘‘§ 3697C. Coordination and oversight mit to Congress a report on the provision of ‘‘(3) The Secretary of Veterans Affairs and ‘‘(a) DEVELOPMENT OF CENTRALIZED COM- educational assistance under this chapter the Secretary of Defense shall each estab- PLAINTS PROCESS.—(1) Not later than 180 and chapters 30 through 35 of this title and lish, by regulation, procedures by which indi- days after the date of the enactment of the under the educational assistance programs viduals may receive counseling provided National Defense Authorization Act for Fis- and authorities specified in section under subsection (a) when receipt of such cal Year 2013, the Secretary of Veterans Af- 2006a(c)(1) of title 10, respectively. counseling in person is not practicable. fairs and the Secretary of Defense shall each ‘‘(2) Each report submitted under sub- ‘‘(c) ELEMENTS.—A complete version of establish, by regulation, a process whereby section (a) shall include, for the period cov- counseling provided under subsection (b)(1) persons are able to submit to the Secre- ered by the report and disaggregated by for- for an individual shall include the following: taries, including by submitting via State ap- profit and not-for-profit educational institu- ‘‘(1) An overview of educational assistance proving agencies, complaints regarding edu- tions, the following: available to the individual under this chap- cational institutions relevant to the provi- ‘‘(A) The number of individuals who re- ter and chapters 30 through 35 of this title or sion of educational assistance provided under ceived assistance under laws administered by under the educational assistance programs this chapter and chapters 30 through 35 of the respective Secretary. and authorities specified in section this title and under the educational assist- ‘‘(B) The amounts of assistance provided. 2006a(c)(1) of title 10, as the case may be. ance programs and authorities specified in ‘‘(C) A description of any complaints re- ‘‘(2) Development of a personalized aca- section 2006a(c)(1) of title 10, including com- ported under subsection (a) to the respective demic and career plan. plaints regarding misrepresentation, fraud, Secretary or State approving agencies by ‘‘(3) An overview of the information dis- waste, and abuse. such individuals with respect to the receipt closed and made readily available under sec- ‘‘(2) The process required by paragraph (1) or use of educational assistance under laws tion 3672(f)(1) of this title relevant to the shall include procedures to address com- administered by the respective Secretary. academic and career plan developed under plaints in a timely manner, including review ‘‘(D) All substantiated reports of misrepre- paragraph (2). and investigation of such complaints. sentation, waste, fraud, abuse, or other acts ‘‘(4) A discussion of how enrollment in the ‘‘(3) Each year, the Secretary of Veterans that are inconsistent with the requirements program of education at the educational in- Affairs and the Secretary of Defense shall of this chapter by an educational institution stitution will affect the individual’s aca- each compile the information they collect at which an individual is enrolled in a pro- demic and career plan and the financial im- under this subsection and share such infor- gram of education for which the individual is plications for such individual of such enroll- mation with each other and the Secretary of receiving educational assistance under a law ment. Education, as otherwise allowed under law. administered by the respective Secretary.

VerDate Mar 15 2010 01:28 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.040 S27NOPT1 jbell on DSK7SPTVN1PROD with S6960 CONGRESSIONAL RECORD — SENATE November 27, 2012 ‘‘(E) A list of educational institutions mittee on Appropriations of the House of and reserve components of the Armed which had courses of education that were ap- Representatives. Forces. proved under this chapter in the previous (c) REPORT.—Not later than 180 days after year but were found, in the year covered by SA 2960. Mr. WYDEN submitted an the date of the enactment of this Act, the the report, not in compliance with a require- amendment intended to be proposed by Secretary shall submit to the congressional ment of such chapter. him to the bill S. 3254, to authorize ap- defense committees a report on the study re- ‘‘(F) Such recommendations for legislative propriations for fiscal year 2013 for quired by subsection (a). The report shall set or regulatory action as the respective Sec- forth the results of the study, including the retary considers appropriate to improve the military activities of the Department matters specified in subsection (b), and in- provision of educational assistance under the of Defense, for military construction, clude such comments and recommendation laws administered by the respective Sec- and for defense activities of the De- in light of the study as the Secretary con- retary. partment of Energy, to prescribe mili- siders appropriate. ‘‘(G) An assessment of the academic per- tary personnel strengths for such fiscal formance of individuals who received edu- year, and for other purposes; which was SA 2961. Mr. WYDEN submitted an cational assistance described in paragraph ordered to lie on the table; as follows: amendment intended to be proposed by (1), including graduation rates and dropout him to the bill S. 3254, to authorize ap- At the end of subtitle B of title V, add the rates. propriations for fiscal year 2013 for ‘‘(H) A list of educational institutions that following: SEC. 513. REPORT ON MECHANISMS TO EASE THE military activities of the Department were approved under this chapter, of Defense, for military construction, disaggregated by educational institutions REINTEGRATION INTO CIVILIAN LIFE OF MEMBERS OF THE NA- approved under section 3676 of this title.’’. and for defense activities of the De- TIONAL GUARD AND THE RESERVES partment of Energy, to prescribe mili- (b) CLERICAL AMENDMENT.—The table of FOLLOWING A DEPLOYMENT ON AC- sections at the beginning of chapter 36 of TIVE DUTY. tary personnel strengths for such fiscal such title, as amended by section 1806, is fur- (a) STUDY REQUIRED.—The Secretary of De- year, and for other purposes; which was ther amended by adding at the end the fol- fense shall conduct a study of the adequacy ordered to lie on the table; as follows: lowing new item: of mechanisms for the reintegration into ci- At the end of subtitle F of title V, add the ‘‘3697C. Coordination and oversight.’’. vilian life of members of the National Guard following: and the Reserves following a deployment on SA 2959. Mr. WYDEN submitted an SEC. 561. REQUIREMENT TO USE HUMAN-BASED active duty in the Armed Forces, including METHODS FOR CERTAIN MEDICAL amendment intended to be proposed by whether permitting such members to remain TRAINING. him to the bill S. 3254, to authorize ap- on active duty for a limited period after such (a) IN GENERAL.—Chapter 101 of title 10, propriations for fiscal year 2013 for deployment (often referred to as a ‘‘soft United States Code, is amended by adding at military activities of the Department landing’’) is feasible and advisable for facili- the end the following new section: of Defense, for military construction, tating and easing that reintegration. ‘‘§ 2017. Requirement to use human-based and for defense activities of the De- (b) ELEMENTS.— methods for certain medical training partment of Energy, to prescribe mili- (1) IN GENERAL.—The study required by ‘‘(a) COMBAT TRAUMA INJURIES.—(1) Not tary personnel strengths for such fiscal subsection (a) shall address the unique chal- later than October 1, 2014, the Secretary of year, and for other purposes; which was lenges members of the National Guard and Defense shall develop, test, and validate the Reserves face when reintegrating into ci- ordered to lie on the table; as follows: human-based training methods for the pur- vilian life following a deployment on active pose of training members of the armed forces At the end of subtitle C of title VIII, add duty in the Armed Forces and the adequacy the following: in the treatment of combat trauma injuries of the policies, programs, and activities of with the goal of replacing live animal-based SEC. 847. REPORTS ON USE OF INDEMNIFICATION the Department of Defense to assist such training methods. AGREEMENTS. members in meeting such challenges. (a) IN GENERAL.—Not later than 90 days ‘‘(2) Not later than October 1, 2016, the Sec- (2) PARTICULAR ELEMENTS.—The study shall retary— after the end of each of fiscal years 2013 take into consideration the following: through 2016, the Secretary of Defense shall ‘‘(A) shall only use human-based training (A) Disparities in reintegration after de- submit to the appropriate committees of methods for the purpose of training members ployment between members of the regular Congress a report on any actions described in of the armed forces in the treatment of com- components of the Armed Forces and mem- subsection (b) which occurred during the pre- bat trauma injuries; and bers of the reserve components of the Armed ceding fiscal years. ‘‘(B) may not use animals for such purpose. Forces, including— (b) ACTIONS DESCRIBED.— ‘‘(b) EXCEPTION FOR PARTICULAR COMMANDS (i) disparities in access to services, includ- (1) IN GENERAL.—An action described in AND TRAINING METHODS.—(1) The Secretary this subsection is the Secretary of Defense— ing, but not limited to, health care, mental may exempt a particular command, par- (A) entering into a contract that includes health counseling, job counseling, and fam- ticular training method, or both, from the an indemnification provision relating to bod- ily counseling; requirement for human-based training meth- ily injury caused by negligence or relating to (ii) disparities in amounts of compensated ods under subsection (a)(2) if the Secretary wrongful death; or time provided to take care of personal af- determines that human-based training meth- (B) modifying an existing contract to in- fairs; ods will not provide an educationally equiva- clude a provision described in subparagraph (iii) disparities in amounts of time re- lent or superior substitute for live animal- (A) in a contract. quired to properly access services and to based training methods for such command or take care of personal affairs, including trav- (2) EXCLUDED CONTRACTS.—Paragraph (1) training method, as the case may be. shall not apply to any contract awarded in el time; and ‘‘(2) Any exemption under this subsection accordance with— (iv) disparities in costs of uncompensated shall be for such period, not more than one (A) section 2354 of title 10, United States events or requirements, including, but not year, as the Secretary shall specify in grant- Code; or limited to, travel costs and legal fees. ing the exemption. Any exemption may be (B) the Comprehensive Environmental Re- (B) Disparities in reintegration policies renewed (subject to the preceding sentence). sponse, Compensation, and Liability Act of and practices among the various Armed ‘‘(c) ANNUAL REPORTS.—(1) Not later than 1980 (42 U.S.C. 9601 et seq.). Forces and between the regular and reserve October 1, 2013, and each year thereafter, the (c) MATTERS INCLUDED.—For each action components of the Armed Forces. Secretary shall submit to the congressional covered in a report under subsection (a), the (C) Disparities in the lengths of time of de- defense committees a report on the develop- report shall include— ployment between the regular and reserve ment and implementation of human-based (1) the name of the contractor; components of the Armed Forces. training methods and replacement of live (2) a description of the indemnification (D) Applicable medical studies on re- animal-based training methods for the pur- provision included in the contract; and integration, including studies on the rest pose of training members of the armed forces (3) a justification for the contract includ- and recuperation needed to appropriately re- in the treatment of combat trauma injuries ing the indemnification provision. cover from combat and training stress. under this section. (d) FORM.—Each report under subsection (E) Other applicable studies on reintegra- ‘‘(2) Each report under this subsection on (a) shall be submitted in unclassified form, tion policies and practices, including the rec- or after October 1, 2016, shall include a de- but may include a classified annex. ommendations made by such studies. scription of any exemption under subsection (e) APPROPRIATE COMMITTEES OF CONGRESS (F) Appropriate recommendations for the (b) that is in force as of the time of such re- DEFINED.—In this section, the term ‘‘appro- elements of a program to assist members of port, and a current justification for such ex- priate committees of Congress’’ means— the National Guard and the Reserves fol- emption. (1) the Committee on Armed Services, the lowing a deployment on active duty in the ‘‘(d) DEFINITIONS.—In this section: Committee on the Budget, and the Com- Armed Forces in reintegrating into civilian ‘‘(1) The term ‘combat trauma injuries’ mittee on Appropriations of the Senate; and life, including means of ensuring that the means severe injuries likely to occur during (2) the Committee on Armed Services, the program applies uniformly across the Armed combat, including— Committee on the Budget, and the Com- Forces and between the regular components ‘‘(A) hemorrhage;

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He also testified that ‘‘Iran already propriations for fiscal year 2013 for ‘‘(D) compromises to the airway; and has the largest inventory of ballistic missiles military activities of the Department ‘‘(E) other injuries. in the Middle East, and it is expanding the ‘‘(2) The term ‘human-based training meth- scale, reach, and sophistication of its bal- of Defense, for military construction, ods’ means, with respect to training individ- listic missile forces, many of which are in- and for defense activities of the De- uals in medical treatment, the use of sys- herently capable of carrying a nuclear pay- partment of Energy, to prescribe mili- tems and devices that do not use animals, in- load’’. tary personnel strengths for such fiscal cluding— (7) The 2012 Annual Report to Congress on year, and for other purposes; which was ‘‘(A) simulators; the Military Power of Iran by the Depart- ordered to lie on the table; as follows: ‘‘(B) partial task trainers; ment of Defense states that, in addition to At the end of subtitle D of title VI, add the ‘‘(C) moulage; increasing its missile inventories, ‘‘Iran has following: ‘‘(D) simulated combat environments; boosted the lethality and effectiveness of its ‘‘(E) human cadavers; and existing missile systems with accuracy im- SEC. 643. MODIFICATION OF PER-FISCAL YEAR CALCULATION OF DAYS OF CERTAIN ‘‘(F) rotations in civilian and military provements and new submunitions pay- ACTIVE DUTY OR ACTIVE SERVICE trauma centers. loads’’, and that it continues to develop mis- TO REDUCE ELIGIBILITY AGE FOR ‘‘(3) The term ‘partial task trainers’ means siles that can strike Israel and Eastern Eu- RETIREMENT FOR NON-REGULAR training aids that allow individuals to learn rope. It also states that ‘‘Iran has launched SERVICE. or practice specific medical procedures.’’. multistage space launch vehicles that could (a) ACCUMULATION OF 90-DAY PERIODS OF (b) CLERICAL AMENDMENT.—The table of serve as a testbed for developing long-range SERVICE WITHIN ANY TWO CONSECUTIVE FIS- sections at the beginning of chapter 101 of ballistic missiles technologies’’, and that CAL YEARS.—Section 12731(f)(2)(A) of title 10, such title is amended by adding at the end ‘‘[w]ith sufficient foreign assistance, Iran United States Code, is amended by striking the following new item: may be technically capable of flight-testing ‘‘in any fiscal year’’ and inserting ‘‘in any ‘‘2017. Requirement to use human-based an intercontinental ballistic missile by two consecutive fiscal years’’. methods for certain medical 2015’’. (b) RETROACTIVE EFFECTIVE DATE AND AP- training.’’. (8) Despite the failure of its April 2012 sat- PLICABILITY.—The amendment made by sub- ellite launch attempt, North Korea warned section (a) shall take effect as of January 28, SA 2962. Mr. SESSIONS submitted an the United States in October 2012 that the 2008, as if included in the National Defense amendment intended to be proposed by United States mainland is within range of its Authorization Act for Fiscal Year 2008 (Pub- him to the bill S. 3254, to authorize ap- missiles. lic Law 110–181) as enacted, and shall apply with respect to service described by para- propriations for fiscal year 2013 for (9) The threat of limited ballistic missile attack against the United States homeland graph (2) of section 12731(f) of title 10, United military activities of the Department from countries such as North Korea and Iran States Code (as amended by Public Law 110– of Defense, for military construction, is increasing. 181 and subsection (a)), that occurs on or and for defense activities of the De- (b) SENSE OF CONGRESS.—It is the sense of after September 11, 2001. partment of Energy, to prescribe mili- the Congress that— tary personnel strengths for such fiscal (1) the homeland defense hedging policy SA 2965. Mr. HATCH (for himself and year, and for other purposes; which was and strategy report required by section 233 of Mr. LEE) submitted an amendment in- ordered to lie on the table; as follows: the National Defense Authorization Act for tended to be proposed by him to the Fiscal Year 2012 is necessary to inform Con- At the end of C subtitle of title II, add the bill S. 3254, to authorize appropriations gress on options to protect the United States for fiscal year 2013 for military activi- following: homeland against the evolving ballistic mis- SEC. 238. SENSE OF CONGRESS ON THE SUB- sile threat, including potential options prior ties of the Department of Defense, for MITTAL TO CONGRESS OF THE to the deployment of Phase 4 of the Euro- military construction, and for defense HOMELAND DEFENSE HEDGING POL- activities of the Department of Energy, ICY AND STRATEGY REPORT OF THE pean Phased Adaptive Approach to missile SECRETARY OF DEFENSE. defense; and to prescribe military personnel (a) FINDINGS.—Congress makes the fol- (2) the Secretary of Defense should comply strengths for such fiscal year, and for lowing findings: with the requirements of section 233 of the other purposes; which was ordered to (1) Section 233 of the National Defense Au- National Defense Authorization Act for Fis- lie on the table; as follows: cal Year 2012 by submitting the homeland de- thorization Act for Fiscal Year 2012 (Public At the end of title XI, add the following: Law 112–81; 125 Stat. 1340) requires a home- fense hedging policy and strategy report to Congress. SEC. 1104. FEDERAL EMPLOYEES RETIREMENT land defense hedging policy and strategy re- SYSTEM AGE AND RETIREMENT port from the Secretary of Defense. TREATMENT FOR CERTAIN RETIR- (2) The report was required to be submitted SA 2963. Mr. SESSIONS submitted an EES OF THE ARMED FORCES. not later than 75 days after the date of the amendment intended to be proposed by (a) INCREASE IN MAXIMUM AGE LIMIT FOR enactment of the National Defense Author- him to the bill S. 3254, to authorize ap- POSITIONS SUBJECT TO FERS.— ization Act for Fiscal Year 2012, namely by propriations for fiscal year 2013 for (1) LAW ENFORCEMENT OFFICERS.—Section March 16, 2012. military activities of the Department 3307(e) of title 5, United States Code, is (3) The Secretary of Defense has not yet of Defense, for military construction, amended— submitted the report as required. and for defense activities of the De- (A) in paragraph (1), by inserting ‘‘or (3)’’ (4) In March 2012, General Charles Jacoby, partment of Energy, to prescribe mili- after ‘‘paragraph (2)’’; and Jr., Commander of the United States North- (B) by adding at the end the following: ern Command, the combatant command re- tary personnel strengths for such fiscal ‘‘(3) The maximum age limit for an origi- sponsible for operation of the Ground-based year, and for other purposes; which was nal appointment to a position as a law en- Midcourse Defense system to defend the ordered to lie on the table; as follows: forcement officer (as defined in section homeland against ballistic missile threats, At the end of subtitle H of title V, add the 8401(17)) shall be 47 years of age, in the case testified before Congress that ‘‘I am con- following: of an individual who on the effective date of fident in my ability to successfully defend SEC. 585. POSTHUMOUS HONORARY PROMOTION such appointment is eligible to receive re- the homeland from the current set of limited OF SERGEANT PASCHAL CONLEY TO tired pay or retainer pay for military serv- long-range ballistic missile threats’’, and SECOND LIEUTENANT IN THE ARMY. ice, or pension or compensation from the De- that ‘‘[a]gainst current threats from the Notwithstanding the time limitation speci- partment of Veterans Affairs instead of such Middle East, I am confident we are well pos- fied in section 1521 of title 10, United States retired or retainer pay.’’. tured’’. Code, or any other time limitation with re- (2) OTHER POSITIONS.—The maximum age (5) Phase 4 of the European Phased Adapt- spect to posthumous promotions for persons limit for an original appointment to a posi- ive Approach (EPAA) is intended to augment who served in the Armed Forces, the Presi- tion as a member of the Capitol Police or Su- the currently deployed homeland defense ca- dent is authorized to issue an appropriate preme Court Police, nuclear materials cou- pability of the Ground-based Midcourse De- posthumous honorary commission promoting rier (as defined under section 8401(33) of such fense system against a potential future Ira- to second lieutenant in the Army under sec- title), or customs and border protection offi- nian long-range missile threat by deploying tion 1521 of such title Sergeant (retired) Pas- cer (as defined in section 8401(36) of such an additional layer of forward-deployed chal Conley, a distinguished Buffalo Soldier title) shall be 47 years of age, in the case of interceptors in Europe in the 2020 timeframe. who was recommended for promotion to sec- an individual who on the effective date of (6) The Director of National Intelligence, ond lieutenant under then-existing proce- such appointment is eligible to receive re- James Clapper, has testified to Congress dures by General John J. Pershing. tired pay or retainer pay for military serv- that, although the intelligence community ice, or pension or compensation from the De- does ‘‘not know if Iran will eventually decide SA 2964. Mr. CHAMBLISS (for him- partment of Veterans Affairs instead of such to build nuclear weapons’’, it judges ‘‘that self and Mr. TESTER) submitted an retired or retainer pay.

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(b) ELIGIBILITY FOR ANNUITY.—Section SEC. 322. EXPANSION AND REAUTHORIZATION OF 52), USS VANDEGRIFT (FFG-48), and USS 8412(d) of such title is amended— MULTI-TRADES DEMONSTRATION NICHOLAS (FFG-47) to the Taipei Economic (1) in paragraph (1), by striking ‘‘or’’ at the PROJECT. and Cultural Representative Office of the end; (a) EXPANSION.—Section 338 of the National United States (which is the Taiwan instru- (2) in paragraph (2), by adding ‘‘or’’ at the Defense Authorization Act for Fiscal Year mentality designated pursuant to section end; and 2004 (10 U.S.C. 5013 note) is amended— 10(a) of the Taiwan Relations Act (22 U.S.C. (3) by inserting after paragraph (2) the fol- (1) by striking subsection (a) and inserting 3309(a))) on a sale basis under section 21 of lowing: the following new subsection: the Arms Export Control Act (22 U.S.C. 2761). ‘‘(3) after becoming 57 years of age and ‘‘(a) DEMONSTRATION PROJECT AUTHOR- (b) ALTERNATIVE TRANSFER AUTHORITY.—In completing 10 years of service as a law en- IZED.—In accordance with section 4703 of the event that a recipient to which a vessel forcement officer, member of the Capitol Po- title 5, United States Code, the Secretary of transfer is authorized under subsection (a) lice or Supreme Court Police, nuclear mate- a military department may carry out a dem- declines to accept the transfer, the President rials courier, customs or border protection onstration project at facilities described in is authorized to transfer such vessel to an- officer, or any combination of such service subsection (b) under which workers who are other eligible recipient. Each such transfer totaling 10 years, if such employee— certified at the journey level as able to per- shall be on a sale basis under section 21 of ‘‘(A) is originally appointed to a position form multiple trades shall be promoted by the Arms Export Control Act (22 U.S.C. 2761), as a law enforcement officer, member of the one grade level.’’; and and shall be subject to the applicable con- Capitol Police or Supreme Court Police, nu- (2) in subsection (b), by striking ‘‘Logistics gressional notification requirements of that clear materials courier, or customs and bor- Center, Navy Fleet Readiness Center,’’ and Act. der protection officer on or after the effec- inserting ‘‘Logistics Complex, Navy Fleet (c) COSTS OF TRANSFERS.—Any expense in- tive date of this paragraph under section Readiness Center, Navy shipyard, Marine curred by the United States in connection 1104(e) of the National Defense Authorization Corps Logistics Base,’’. with a transfer authorized by this section Act for Fiscal Year 2013, and (b) REAUTHORIZATION.—Such section is fur- shall be charged to the recipient (notwith- ‘‘(B) on the date that original appointment ther amended— standing section 516(e)(1) of the Foreign As- met the requirements of section 3307(e)(2) of (1) in subsection (d), by striking ‘‘2013’’ and sistance Act of 1961 (22 U.S.C. 2321j(e)(1))). this title or section 1104(a)(2) of the National inserting ‘‘2018’’; and (d) REPAIR AND REFURBISHMENT IN UNITED Defense Authorization Act for Fiscal Year (2) in subsection (e), by striking ‘‘2014’’ and STATES SHIPYARDS.—To the maximum extent 2013,’’. inserting ‘‘2019’’. practicable, the President shall require, as a (c) MANDATORY SEPARATION.—Section 8425 condition of the transfer of a vessel under of such title is amended— SA 2967. Mr. HELLER submitted an this section, that the recipient to which the (1) in subsection (b)(1), in the first sen- amendment intended to be proposed by vessel is transferred have such repair or re- tence, by inserting ‘‘, except that a law en- him to the bill S. 3254, to authorize ap- furbishment of the vessel as is needed, before forcement officer, nuclear materials courier, the vessel joins the naval forces of that re- propriations for fiscal year 2013 for cipient, performed at a shipyard located in or customs and border protection officer eli- military activities of the Department gible for retirement under section 8412(d)(3) the United States, including a United States shall be separated from the service on the of Defense, for military construction, Navy shipyard. last day of the month in which that em- and for defense activities of the De- (e) EXPIRATION OF AUTHORITY.—The author- ployee becomes 57 years of age’’ before the partment of Energy, to prescribe mili- ity to transfer a vessel under this section period; tary personnel strengths for such fiscal shall expire at the end of the 3-year period (2) in subsection (c), in the first sentence, year, and for other purposes; which was beginning on the date of the enactment of this Act. by inserting ‘‘, except that a member of the ordered to lie on the table; as follows: Capitol Police eligible for retirement under At the end of subtitle H of title X, add the Mr. HELLER (for himself section 8412(d)(3) shall be separated from the SA 2969. following: service on the last day of the month in which and Mr. CHAMBLISS) submitted an that employee becomes 57 years of age’’ be- SEC. 1084. DETERMINATION OF CERTAIN SERV- amendment intended to be proposed by ICE IN PHILIPPINES DURING WORLD him to the bill S. 3254, to authorize ap- fore the period; and WAR II. (3) in subsection (d), in the first sentence, (a) IN GENERAL.—The Secretary of Defense, propriations for fiscal year 2013 for by inserting ‘‘, except that a member of the in consultation with the Secretary of Vet- military activities of the Department Supreme Court Police eligible for retirement erans Affairs and such military historians as of Defense, for military construction, under section 8412(d)(3) shall be separated the Secretary of Defense considers appro- and for defense activities of the De- from the service on the last day of the priate, shall establish a process to determine partment of Energy, to prescribe mili- month in which that employee becomes 57 whether a covered individual served as de- tary personnel strengths for such fiscal years of age’’ before the period. scribed in subsection (a) or (b) of section 107 (d) COMPUTATION OF BASIC ANNUITY.—Sec- year, and for other purposes; which was of title 38, United States Code, for purposes tion 8415(e) of such title is amended— ordered to lie on the table; as follows: of determining whether such covered indi- (1) in paragraph (1), by striking ‘‘total vidual is eligible for benefits described in At the end of subtitle A of title VII, add service as’’ and inserting ‘‘civilian service as such subsections. the following: a law enforcement officer, member of the (b) COVERED INDIVIDUALS.—For purposes of SEC. 704. REPORT ON THE FUTURE AVAILABILITY Capitol Police or Supreme Court Police, nu- this section, a covered individual is any indi- OF TRICARE PRIME THROUGHOUT clear materials courier, customs and border vidual who— THE UNITED STATES. (a) REPORT REQUIRED.—Not later than 120 protection officer, or air traffic controller (1) claims service described in subsection days after the date of the enactment of this that, in the aggregate,’’; and (a) or (b) of section 107 of title 38, United Act, the Secretary of Defense shall submit to (2) in paragraph (2), by striking ‘‘so much States Code; and the Committees on Armed Services of the of such individual’s total service as exceeds (2) is not included in the Approved Revised Senate and the House of Representatives a 20 years’’ and inserting ‘‘the remainder of Reconstructed Guerilla Roster of 1948, report setting forth the policy of the Depart- such individual’s total service’’. known as the ‘‘Missouri List’’. (e) EFFECTIVE DATE.—This section (includ- ment of Defense on the future availability of ing the amendments made by this section) SA 2968. Mr. COATS submitted an TRICARE Prime under the TRICARE pro- shall take effect 60 days after the date of en- gram for eligible beneficiaries in all actment of this Act and shall apply to ap- amendment intended to be proposed by TRICARE regions throughout the United pointments made on or after that effective him to the bill S. 3254, to authorize ap- States. date. propriations for fiscal year 2013 for (b) ELEMENTS.—The report required by sub- military activities of the Department section (a) shall include the following: SA 2966. Mr. HATCH (for himself and of Defense, for military construction, (1) A description, by region, of the dif- Mr. LEE) submitted an amendment in- and for defense activities of the De- ference in availability of TRICARE Prime tended to be proposed by him to the partment of Energy, to prescribe mili- for eligible beneficiaries (other than eligible bill S. 3254, to authorize appropriations tary personnel strengths for such fiscal beneficiaries on active duty in the Armed Forces) under newly-awarded TRICARE for fiscal year 2013 for military activi- year, and for other purposes; which was ties of the Department of Defense, for managed care contracts, including, in par- ordered to lie on the table; as follows: military construction, and for defense ticular, an identification of the regions or activities of the Department of Energy, At the end of subtitle C of title X, add the areas in which TRICARE Prime will no following: longer be available for such beneficiaries to prescribe military personnel SEC. 1024. TRANSFER OF CERTAIN NAVAL VES- under such contracts. strengths for such fiscal year, and for SELS TO TAIWAN. (2) A description of the transition and out- other purposes; which was ordered to (a) TRANSFER BY SALE.—The President is reach plans for eligible beneficiaries de- lie on the table; as follows: authorized to transfer the OLIVER HAZARD scribed in paragraph (1) who will no longer At the end of subtitle C of title III, add the PERRY class guided missile frigates USS have access to TRICARE Prime under the following: UNDERWOOD (FFG-36), USS CARR (FFG- contracts described in that paragraph.

VerDate Mar 15 2010 03:17 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.042 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6963 (3) An estimate of the increased costs to be SEC. 1084. SENSE OF CONGRESS THAT THE ed by inserting after ‘‘Code),’’ the following: incurred for healthcare under the TRICARE BUGLE CALL COMMONLY KNOWN AS ‘‘or any component of any such article, in- program for eligible beneficiaries described TAPS SHOULD BE DESIGNATED AS cluding, without limitation, shot, bullets THE NATIONAL SONG OF MILITARY and other projectiles, propellants, and prim- in paragraph (2). REMEMBRANCE. (4) An estimate of the saving to be It is the sense of Congress that the bugle ers,’’. achieved by the Department as a result of call commonly known as ‘‘Taps’’ should be Mr. INHOFE submitted an the contracts described in paragraph (1). designated as the National Song of Military SA 2976. (5) A description of the plans of the Depart- Remembrance. amendment intended to be proposed by ment to continue to assess the impact on ac- him to the bill S. 3254, to authorize ap- cess to healthcare for eligible beneficiaries SA 2973. Mr. INHOFE submitted an propriations for fiscal year 2013 for described in paragraph (2). amendment intended to be proposed by military activities of the Department him to the bill S. 3254, to authorize ap- of Defense, for military construction, SA 2970. Mr. INHOFE submitted an propriations for fiscal year 2013 for amendment intended to be proposed by and for defense activities of the De- military activities of the Department him to the bill S. 3254, to authorize ap- partment of Energy, to prescribe mili- of Defense, for military construction, propriations for fiscal year 2013 for tary personnel strengths for such fiscal and for defense activities of the De- military activities of the Department year, and for other purposes; which was partment of Energy, to prescribe mili- of Defense, for military construction, ordered to lie on the table; as follows: tary personnel strengths for such fiscal and for defense activities of the De- At the end of subtitle D of title X, add the year, and for other purposes; which was partment of Energy, to prescribe mili- following: ordered to lie on the table; as follows: SEC. 1032. REQUIREMENT FOR DETENTION AT tary personnel strengths for such fiscal UNITED STATES NAVAL STATION, year, and for other purposes; which was At the end of subtitle D of title VII, add the following: GUANTANAMO BAY, CUBA, OF HIGH- ordered to lie on the table; as follows: VALUE DETAINEES WHO WILL BE SEC. 735. SENSE OF SENATE ON MENTAL HEALTH DETAINED LONG-TERM. At the end of subtitle C of title XXVIII, COUNSELORS FOR MEMBERS OF (a) REQUIREMENT.—Each high-value enemy add the following: THE ARMED FORCES, VETERANS, combatant who is captured or otherwise SEC. 2824. DEFINITION OF RENEWABLE ENERGY AND THEIR FAMILIES. SOURCE FOR PURPOSES OF DEPART- It is the sense of the Senate that— taken into long-term custody or detention MENT OF DEFENSE ENERGY SECU- (1) the Secretary of Defense and the Sec- by the United States shall, while under such RITY. retary of Veterans Affairs should develop a detention of the United States, be detained Section 2924(7)(A) of title 10, Unites States plan to ensure a sustainable flow of qualified at the Guantanamo Bay Detention Facility Code, is amended by inserting ‘‘and direct counselors to meet the long-term needs of (GTMO) at United States Naval Station, solar renewable energy as defined in section members of the Armed Forces, veterans, and Guantanamo Bay, Cuba. 605(c) of the Energy Independence and Secu- their families for counselors; and (b) HIGH-VALUE ENEMY COMBATANT DE- rity Act of 2007 (42 U.S.C. 17173(c))’’ after (2) the plan should include the participa- FINED.—In this section, the term ‘‘high-value ‘‘Solar, including electricity’’. tion of accredited schools and universities, enemy combatant’’ means an enemy combat- health care providers, professional coun- ant who— SA 2971. Mr. INHOFE submitted an selors, family service or support centers, (1) is a senior member of al-Qaeda, the amendment intended to be proposed by chaplains, and other appropriate resources of Taliban, or any associated terrorist group; him to the bill S. 3254, to authorize ap- the Department of Defense and the Depart- (2) has knowledge of an imminent terrorist propriations for fiscal year 2013 for ment of Veterans Affairs. threat against the United States or its terri- military activities of the Department tories, the Armed Forces of the United of Defense, for military construction, SA 2974. Mr. INHOFE submitted an States, the people or organizations of the United States, or an ally of the United and for defense activities of the De- amendment intended to be proposed by him to the bill S. 3254, to authorize ap- States; partment of Energy, to prescribe mili- (3) has, or has had, direct involvement in tary personnel strengths for such fiscal propriations for fiscal year 2013 for planning or preparing a terrorist action year, and for other purposes; which was military activities of the Department against the United States or an ally of the ordered to lie on the table; as follows: of Defense, for military construction, United States or in assisting the leadership At the end of subtitle H of title X, add the and for defense activities of the De- of al-Qaeda, the Taliban, or any associated following: partment of Energy, to prescribe mili- terrorist group in planning or preparing such SEC. 1084. SENSE OF THE SENATE ON PROTEC- tary personnel strengths for such fiscal a terrorist action; or TION OF DEPARTMENT OF DEFENSE year, and for other purposes; which was (4) if released from detention, would con- AIRFIELDS, TRAINING AIRSPACE, ordered to lie on the table; as follows: stitute a clear and continuing threat to the AND AIR TRAINING ROUTES. At the end of subtitle E of title VIII, add United States or any ally of the United It is the sense of the Senate that— States. (1) Department of Defense airfields, train- the following: ing airspace, and air training routes are na- SEC. 888. INAPPLICABILITY TO DEPARTMENT OF SA 2977. Mr. INHOFE submitted an tional treasures that must be protected from DEFENSE OF CERTAIN ALTER- NATIVE FUEL PROCUREMENT RE- amendment intended to be proposed by encroachment; QUIREMENTS. him to the bill S. 3254, to authorize ap- (2) placement or emplacement of obstruc- Section 526 of the Energy Independence propriations for fiscal year 2013 for tions near or on Department of Defense air- and Security Act of 2007 (Public Law 110–140; military activities of the Department fields, training airspace, or air training 42 U.S.C. 17142) is amended— routes has the potential of increasing risk to of Defense, for military construction, (1) by inserting ‘‘(a) IN GENERAL.—’’ before and for defense activities of the De- military aircraft and personnel as well as ‘‘No Federal agency’’; and impacting training and readiness; and (2) by adding at the end the following new partment of Energy, to prescribe mili- (3) the Department of Defense should de- subsection: tary personnel strengths for such fiscal velop comprehensive rules and regulations to ‘‘(b) INAPPLICABILITY TO DEPARTMENT OF year, and for other purposes; which was address construction and use of land in close DEFENSE.—This section shall not apply to ordered to lie on the table; as follows: proximity to Department of Defense air- the Department of Defense.’’. At the end of subtitle B of title VIII, add fields, training areas, or air training routes the following: to ensure compatibility with military air- SA 2975. Mr. INHOFE submitted an SEC. 827. SECRETARY OF DEFENSE ASSESSMENT craft operations. amendment intended to be proposed by OF INDEPENDENT COMMISSION TO him to the bill S. 3254, to authorize ap- REFORM FEDERAL ACQUISITION SA 2972. Mr. INHOFE submitted an propriations for fiscal year 2013 for RULES. amendment intended to be proposed by military activities of the Department (a) ASSESSMENT.—The Secretary of Defense him to the bill S. 3254, to authorize ap- of Defense, for military construction, shall, in consultation with the other mem- propriations for fiscal year 2013 for and for defense activities of the De- bers of the Federal Acquisition Regulatory Council, conduct an assessment the feasi- military activities of the Department partment of Energy, to prescribe mili- of Defense, for military construction, bility and advisability of establishing an tary personnel strengths for such fiscal independent commission to streamline and and for defense activities of the De- year, and for other purposes; which was partment of Energy, to prescribe mili- simplify current Federal acquisition rules ordered to lie on the table; as follows: and guidance. The purpose of the commission tary personnel strengths for such fiscal At the end of subtitle B of title III, add the for purposes of the assessment shall be to re- year, and for other purposes; which was following: duce, consolidate, and update all Federal ac- ordered to lie on the table; as follows: SEC. 314. MODIFICATION OF DEFINITION. quisition rules in order to create an acquisi- At the end of subtitle H of title X, add the Section 3(2)(B)(v) of the Toxic Substances tion system that is more cost effective, effi- following: Control Act (15 U.S.C. 2602(2)(B)(v)) is amend- cient, and timely.

VerDate Mar 15 2010 03:17 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.043 S27NOPT1 jbell on DSK7SPTVN1PROD with S6964 CONGRESSIONAL RECORD — SENATE November 27, 2012 (b) ELEMENTS.—The assessment required of Defense, for military construction, of title 10, United States Code, as a result of by subsection (a) shall include, but not be and for defense activities of the De- the amendment made by section 803(a)(2) of limited to, the following: partment of Energy, to prescribe mili- the National Defense Authorization Act for (1) A comprehensive review of current Fed- tary personnel strengths for such fiscal Fiscal Year 2012. eral acquisition rules affecting defense ac- (5) An assessment whether the compensa- quisition. year, and for other purposes; which was tion amounts provided in fiscal year 2012 to (2) A consideration of the history, ration- ordered to lie on the table; as follows: employees who were characterized by their ale, and effects of the proliferation of the At the end of subtitle E of title II, add the employers as falling within a narrowly tar- documents, rules, and regulations relating to following: geted exception described in paragraph (4) the Federal acquisition process. SEC. 272. SENSE OF SENATE ON USE OF ARTIFI- were provided compensation amounts in that (3) The impact of current Federal acquisi- CIAL INTELLIGENCE IN TRAINING fiscal year in manner consistent with private tion rules on open competition, small busi- EXERCISES FOR MEMBERS OF THE sector practice. ness participation, and execution of con- ARMED FORCES. (6) The duties and services performed in tracts. It is the sense of the Senate that— fiscal year 2012 by employees who were char- (4) The impact of current Federal acquisi- (1) modeling and simulation will continue acterized by their employers as falling with- tion rules on warfighter access to the latest to play a critical role in the training of the in a narrowly targeted exception described in technologies and weapon systems. members of the Armed Forces; paragraph (4). (5) Such recommendations as the Secretary (2) while modeling and simulation has re- (7) An assessment whether there are Fed- considers appropriate regarding potential duced the overall costs of training of mem- eral civilian employees who perform duties changes to documents, rules, and procedures bers of the Armed Forces, there are signifi- and services comparable to the duties and relating to the Federal acquisition process. cant costs associated with contractor over- services described pursuant to paragraph (6). (6) An assessment of the feasibility and ad- head, including costs in connection with visability of establishing an independent playing the role of opposing forces, civilian SA 2981. Mrs. BOXER submitted an commission to reform Federal acquisition populations, government agencies, and non- amendment intended to be proposed by rules. government organizations during training her to the bill S. 3254, to authorize ap- exercises; (7) If such an independent commission is propriations for fiscal year 2013 for considered feasible and advisable, such rec- (3) advances in artificial intelligence could reduce the number of contractors required to military activities of the Department ommendation on the size, composition, and of Defense, for military construction, duration of the commission as the Secretary support training exercises for members of considers appropriate. the Armed Forces, and thereby reduce over- and for defense activities of the De- (c) REPORT.—Not later than 180 days after all cost of the exercises; and partment of Energy, to prescribe mili- the date of the enactment of this Act, the (4) the Secretary of Defense should develop tary personnel strengths for such fiscal Secretary shall submit to the congressional a plan to increase the use of artificial intel- year, and for other purposes; which was defense committees a report on the results of ligence during training exercises for mem- ordered to lie on the table; as follows: the assessment required by subsection (a). bers of the Armed Forces to increase train- ing effectiveness and reduce costs. At the end of subtitle C of title V, add the following: SA 2978. Mr. INHOFE submitted an SA 2980. Mrs. BOXER (for herself, Mr. SEC. 526. PROHIBITION ON WAIVER FOR COMMIS- amendment intended to be proposed by SIONING OR ENLISTMENT IN THE him to the bill S. 3254, to authorize ap- GRASSLEY, and Mr. MANCHIN) sub- ARMED FORCES FOR ANY INDI- propriations for fiscal year 2013 for mitted an amendment intended to be VIDUAL CONVICTED OF A FELONY military activities of the Department proposed by her to the bill S. 3254, to SEXUAL OFFENSE. authorize appropriations for fiscal year An individual may not be provided a waiv- of Defense, for military construction, er for commissioning or enlistment in the and for defense activities of the De- 2013 for military activities of the De- partment of Defense, for military con- Armed Forces if the individual has been con- partment of Energy, to prescribe mili- victed under Federal or State law of a felony tary personnel strengths for such fiscal struction, and for defense activities of offense of any of the following: year, and for other purposes; which was the Department of Energy, to prescribe (1) Rape. ordered to lie on the table; as follows: military personnel strengths for such (2) Sexual abuse. At the end of subtitle E of title VIII, add fiscal year, and for other purposes; (3) Sexual assault. the following: which was ordered to lie on the table; (4) Incest. (5) Any other sexual offense. SEC. 888. PLAN TO INCREASE NUMBER OF CON- as follows: TRACTORS ELIGIBLE FOR CON- On page 238. between lines 15 and 16, insert SA 2982. Mrs. BOXER submitted an TRACTS UNDER AIR FORCE the following: NETCENTS-2 CONTRACT. (c) REPORT ON ALLOWABLE COSTS OF EM- amendment intended to be proposed by (a) PLAN REQUIRED.—Not later than 180 PLOYEE COMPENSATION.—Not later than 120 her to the bill S. 3254, to authorize ap- days after the date of the enactment of this days after the date of the enactment of this propriations for fiscal year 2013 for Act, the Secretary of Defense shall submit to Act, the Inspector General of the Depart- military activities of the Department the congressional defense committees a plan ment of Defense shall submit to Congress a of Defense, for military construction, to increase the number of contractors eligi- report on the effect of the modification of al- and for defense activities of the De- ble to be awarded contracts under the Air lowable costs of contractor compensation of Force’s Network-Centric Solutions-2 partment of Energy, to prescribe mili- employees made by subsection (a). The re- tary personnel strengths for such fiscal (NETCENTS-2) indefinite-delivery, indefi- port shall include the following: nite-quantity (IDIQ) contract. (1) The total number of contractor employ- year, and for other purposes; which was (b) CONTENT.—The plan required under sub- ees whose allowable costs of compensation in ordered to lie on the table; as follows: section (a) shall include the following ele- fiscal year 2012 exceeded the amount of al- At the end of subtitle H of title X, add the ments: lowable costs under the modification made following: (1) A recommendation and rationale for a by subsection (a). SEC. 1084. PROHIBITIONS RELATING TO REF- maximum number of contractors to be eligi- (2) The total number of contractor employ- ERENCES TO GI BILL AND POST-9/11 ble for contract awards under NETCENTS-2 ees whose allowable costs of compensation in GI BILL. to foster competition and reduce overall each of fiscal years 2010, 2011, and 2012 would (a) IN GENERAL.—Subchapter II of chapter costs associated with hardware and oper- have exceeded the amount of allowable costs 36 of title 38, United States Code, is amended ation and maintenance of Air Networks. under section 2324(e)(1)(P) of title 10, United by adding at the end the following new sec- (2) The methodology used to periodically States Code, as amended by section 803(a) of tion: review existing eligible NETCENTS-2 con- the National Defense Authorization Act for ‘‘§ 3697B. Prohibition relating to references to tractors and contracts. Fiscal Year 2012 (Public Law 112–81; 125 Stat. GI Bill and Post-9/11 GI Bill (3) A timeline to increase the current num- 1485). ‘‘(a) PROHIBITION.—(1) No person may, ex- ber of eligible contractors under (3) The total number of contractor employ- cept with the written permission of the Sec- NETCENTS-2 and dates of future ‘‘on- ees whose allowable costs of compensation in retary, use the words and phrases covered by ramps’’ under NETCENTS-2 to assess current each of fiscal years 2010, 2011, and 2012 ex- this subsection in connection with any pro- eligible contractors and add additional eligi- ceeded the amount payable to the President motion, goods, services, or commercial ac- ble contractors. under section 102 of title 3, United States tivity in a manner reasonably and falsely Code. SA 2979. Mr. INHOFE submitted an tending to suggest that such use is approved, (4) The total number of contractor employ- endorsed, or authorized by the Department amendment intended to be proposed by ees in fiscal year 2012 that could have been or any component thereof. him to the bill S. 3254, to authorize ap- characterized as falling within a narrowly ‘‘(2) For purposes of this subsection, the propriations for fiscal year 2013 for targeted exception established by the Sec- words and phrases covered by this subsection military activities of the Department retary of Defense under section 2324(e)(1)(P) are as follows:

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.045 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6965 ‘‘(A) ‘GI Bill’. (A) entry, appropriation, and disposal military activities of the Department ‘‘(B) ‘Post-9/11 GI Bill’. under the public land laws; of Defense, for military construction, ‘‘(3) A determination that a use of one or (B) location, entry, and patent under the and for defense activities of the De- more words and phrases covered by this sub- mining laws; and partment of Energy, to prescribe mili- section in connection with a promotion, (C) operation of the mineral leasing, min- goods, services, or commercial activity is eral materials, and geothermal leasing laws. tary personnel strengths for such fiscal not a violation of this subsection may not be (2) DESCRIPTION OF FEDERAL LAND.—The year, and for other purposes; which was made solely on the ground that such pro- Federal land referred to in paragraph (1) con- ordered to lie on the table; as follows: motion, goods, services, or commercial ac- sists of— At the end of subtitle E of title VIII, add tivity includes a disclaimer of affiliation (A) the approximately 5,100 acres of land the following: with the Department or any component depicted as ‘‘Parcel 1’’ on the map entitled SEC. lll. SUBCONTRACTOR NOTIFICATIONS. thereof. ‘‘White Sands Missile Range/Fort Bliss/BLM Section 8(d) of the Small Business Act (15 ‘‘(b) ENFORCEMENT BY ATTORNEY GEN- Land Transfer and Withdrawal’’ and dated ERAL.—(1) Whenever it appears to the Attor- U.S.C. 637(d)) is amended by adding at the April 3, 2012 (referred to in this section as ney General of the United States that any end the following: the ‘‘map’’); person is engaged or is about to engage in an ‘‘(13) NOTIFICATION REQUIREMENT.—An of- (B) the approximately 37,600 acres of land act or practice which constitutes or will con- feror with respect to a contract let by a Fed- depicted as ‘‘Parcel 2’’, ‘‘Parcel 3’’, and ‘‘Par- stitute conduct prohibited by subsection (a), eral agency that is to be awarded pursuant cel 4’’ on the map; and the Attorney General may initiate a civil to the negotiated method of procurement (C) any land or interest in land that is ac- proceeding in a district court of the United that intends to identify a small business con- quired by the United States within the States to enjoin such act or practice. cern as a potential subcontractor in the offer boundaries of the parcels described in sub- ‘‘(2) Such court may, at any time before relating to the contract shall notify the paragraph (B). final determination, enter such restraining small business concern that the offeror in- (3) LIMITATION.—Notwithstanding para- orders or prohibitions, or take such other ac- tends to identify the small business concern graph (1), the land depicted as ‘‘Parcel 4’’ on tion as is warranted, to prevent injury to the as a potential subcontractor in the offer. the map is not withdrawn for purposes of the United States or to any person or class of ‘‘(14) REPORTING BY SUBCONTRACTORS.—The issuance of oil and gas pipeline rights-of- persons for whose protection the action is Administrator shall establish a reporting way. brought.’’. mechanism that allows a subcontractor to (b) CLERICAL AMENDMENT.—The table of (b) RESERVATION.—The Federal land de- scribed in subsection (a)(2)(A) is reserved for report fraudulent activity by a contractor sections at the beginning of chapter 36 of with respect to a subcontracting plan sub- such title is amended by inserting after the use by the Secretary of the Army for mili- tary purposes in accordance with Public mitted to a procurement authority under item relating to section 3697A the following paragraph (4)(B).’’. new item: Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822). ‘‘3697B. Prohibition relating to references to (c) TRANSFER OF ADMINISTRATIVE JURISDIC- SA 2987. Mr. BENNET submitted an GI Bill and Post-9/11 GI Bill.’’. TION.—Effective on the date of enactment of amendment intended to be proposed by SA 2983. Mrs. BOXER submitted an this Act, administrative jurisdiction over him to the bill S. 3254, to authorize ap- the approximately 2,050 acres of land gen- propriations for fiscal year 2013 for amendment intended to be proposed by erally depicted as ‘‘Parcel 2’’ on the map— her to the bill S. 3254, to authorize ap- military activities of the Department (1) is transferred from the Secretary of the of Defense, for military construction, propriations for fiscal year 2013 for Army to the Secretary of the Interior (act- military activities of the Department ing through the Director of the Bureau of and for defense activities of the De- of Defense, for military construction, Land Management); and partment of Energy, to prescribe mili- and for defense activities of the De- (2) shall be managed in accordance with— tary personnel strengths for such fiscal partment of Energy, to prescribe mili- (A) the Federal Land Policy and Manage- year, and for other purposes; which was tary personnel strengths for such fiscal ment Act of 1976 (43 U.S.C. 1701 et seq.); and ordered to lie on the table; as follows: year, and for other purposes; which was (B) any other applicable laws. At the end of subtitle F of title V, add the (d) LEGAL DESCRIPTION.— following: ordered to lie on the table; as follows: (1) IN GENERAL.—As soon as practicable At the end of subtitle H of title X, add the after the date of enactment of this Act, the SEC. 561. TROOPS-TO-TEACHERS PROGRAM EN- following: Secretary of the Interior shall publish in the HANCEMENTS. SEC. 10lll. DESIGNATION OF DISTINGUISHED Federal Register a legal description of the (a) FISCAL YEAR 2013 ADMINISTRATION.— FLYING CROSS NATIONAL MEMO- Federal land withdrawn by subsection (a). Notwithstanding section 2302(c) of the Ele- RIAL IN RIVERSIDE, CALIFORNIA. (2) FORCE OF LAW.—The legal description mentary and Secondary Education Act of (a) DESIGNATION.—The memorial to mem- published under paragraph (1) shall have the 1965 (20 U.S.C. 6672(c)), the Secretary of De- bers of the Armed Forces who have been same force and effect as if included in this fense may administer the Troops-to-Teach- awarded the Distinguished Flying Cross at Act, except that the Secretary of the Inte- ers Program during fiscal year 2013. Amounts March Field Air Museum in Riverside, Cali- rior may correct errors in the legal descrip- authorized to be appropriated for the Depart- fornia, is designated as the ‘‘Distinguished tion. ment of Defense by this Act shall be avail- Flying Cross National Memorial’’. (3) REIMBURSEMENT OF COSTS.—The Sec- able to the Secretary of Defense for that pur- (b) EFFECT OF DESIGNATION.—The national retary of the Army shall reimburse the Sec- pose. memorial designated by this section is not a retary of the Interior for any costs incurred (b) YEARS OF SERVICE REQUIREMENTS.—Sec- unit of the National Park System, and the tion 2303(a)(2)(A)(i) of the Elementary and designation of the national memorial shall by the Secretary of the Interior in imple- menting this subsection with regard to the Secondary Education Act of 1965 (20 U.S.C. not be construed to require or permit Fed- 6673(a)(2)(A)(i)) is amended by striking ‘‘6 or eral funds to be expended for any purpose re- Federal land described in subsection (a)(2)(A). more years’’ and inserting ‘‘4 or more years’’. lated to the national memorial. (c) DEFINITION OF LOCAL EDUCATIONAL AGENCY AND PUBLIC CHARTER SCHOOLS.— SA 2984. Mr. BINGAMAN (for himself SA 2985. Mr. UDALL of Colorado (for himself, Mrs. MURRAY, Mrs. SHAHEEN, (1) AMENDMENT.—Section 2304(a)(1)(B) of and Mr. UDALL of New Mexico) sub- the Elementary and Secondary Education mitted an amendment intended to be and Mr. BINGAMAN) submitted an amendment intended to be proposed by Act of 1965 (20 U.S.C. 6674(a)(1)(B)) is amend- proposed by him to the bill S. 3254, to ed to read as follows: authorize appropriations for fiscal year him to the bill S. 3254, to authorize ap- ‘‘(B) to accept an offer of full-time employ- 2013 for military activities of the De- propriations for fiscal year 2013 for ment as an elementary school teacher, sec- partment of Defense, for military con- military activities of the Department ondary school teacher, or career or technical struction, and for defense activities of of Defense, for military construction, education teacher for not less than 3 school the Department of Energy, to prescribe and for defense activities of the De- years with a local educational agency receiv- ing a grant under part A of title I, a public military personnel strengths for such partment of Energy, to prescribe mili- tary personnel strengths for such fiscal charter school (as such term is defined in fiscal year, and for other purposes; section 2102) residing in such a local edu- which was ordered to lie on the table; year, and for other purposes; which was ordered to lie on the table; as follows: cational agency, or a Bureau-funded school as follows: (as such term is defined in section 1141 of the At the end of title X, add the following: Strike section 313. Education Amendments of 1978 (25 U.S.C. 2021)), to begin the school year after obtain- SEC. 10ll. WHITE SANDS MISSILE RANGE AND SA 2986. Mr. CASEY (for himself, Mr. FORT BLISS. ing that certification or licensing.’’. (a) WITHDRAWAL.— ENZI, and Mrs. MCCASKILL) submitted (2) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—Subject to valid existing an amendment intended to be proposed made by paragraph (1) shall take effect 30 rights and paragraph (3), the Federal land de- by him to the bill S. 3254, to authorize days after the date of the enactment of this scribed in paragraph (2) is withdrawn from— appropriations for fiscal year 2013 for Act.

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.046 S27NOPT1 jbell on DSK7SPTVN1PROD with S6966 CONGRESSIONAL RECORD — SENATE November 27, 2012 SA 2988. Mr. KERRY submitted an Subtitle A—Safety of Maritime Navigation against toxic chemicals and to protection amendment intended to be proposed by SEC. ll11. AMENDMENT TO SECTION 2280 OF against chemical weapons; him to the bill S. 3254, to authorize ap- TITLE 18, UNITED STATES CODE. ‘‘(iii) military purposes not connected with propriations for fiscal year 2013 for Section 2280 of title 18, United States Code, the use of chemical weapons and not depend- is amended— ent on the use of the toxic properties of military activities of the Department (1) in subsection (b)(1)(A)— chemicals as a method of warfare; or of Defense, for military construction, (A) in clause (i), by striking ‘‘a ship flying ‘‘(iv) law enforcement, including domestic and for defense activities of the De- the flag of the United States’’ and inserting riot control purposes, if the types and quan- partment of Energy, to prescribe mili- ‘‘a vessel of the United States or a vessel tities are consistent with such purposes; tary personnel strengths for such fiscal subject to the jurisdiction of the United ‘‘(B) munitions and devices, specifically de- year, and for other purposes; which was States (as defined in section 70502 of title signed to cause death or other harm through ordered to lie on the table; as follows: 46)’’; the toxic properties of those toxic chemicals (B) in clause (ii), by inserting ‘‘, including specified in subparagraph (A), which would At the end of subtitle E of title X, add the the territorial seas’’ after ‘‘in the United be released as a result of the employment of following: States’’; and such munitions and devices; and SEC. 1048. MODIFICATION OF RULE OF CON- (C) in clause (iii), by inserting ‘‘, by a ‘‘(C) any equipment specifically designed STRUCTION OF PROHIBITION ON IN- United States corporation or legal entity,’’ for use directly in connection with the em- FRINGING THE INDIVIDUAL RIGHT ployment of munitions and devices specified TO LAWFULLY ACQUIRE, POSSESS, after ‘‘by a national of the United States’’; OWN, CARRY, AND USE PRIVATELY (2) in subsection (c), by striking ‘‘section in subparagraph (B). OWNED FIREARMS, AMMUNITION, 2(c)’’ and inserting ‘‘section 13(c)’’; and ‘‘(5) COVERED SHIP.—The term ‘covered AND OTHER WEAPONS. (3) by striking subsections (d) and (e) and ship’ means a ship that is navigating or is Section 1062(c) of the Ike Skelton National inserting the following: scheduled to navigate into, through or from Defense Authorization Act for Fiscal Year ‘‘(d) DEFINITIONS.—In this section and in waters beyond the outer limit of the terri- 2011 (Public Law 111–383; 124 Stat. 4363; 10 sections 2280a, 2281, and 2281a: torial sea of a single country or a lateral U.S.C. 1030 note prec.) is amended— ‘‘(1) APPLICABLE TREATY.—The term ‘appli- limit of that country’s territorial sea with (1) in paragraph (1)(B), by striking ‘‘or’’ at cable treaty’ means— an adjacent country. the end; ‘‘(A) the Convention for the Suppression of ‘‘(6) EXPLOSIVE MATERIALS.—The term ‘ex- (2) in paragraph (2), by striking the period Unlawful Seizure of Aircraft, done at The plosive materials’ has the meaning given the and inserting ‘‘; or’’; and Hague on 16 December 1970; term in section 841(c) and includes an explo- (3) by adding at the end the following new ‘‘(B) the Convention for the Suppression of sive (as defined in section 844(j)). paragraph: Unlawful Acts against the Safety of Civil ‘‘(7) INFRASTRUCTURE FACILITY.—The term ‘‘(3) make reasonable inquiries regarding Aviation, done at Montreal on 23 September ‘infrastructure facility’ has the meaning the conduct or plans of a member of the 1971; given the term in section 2332f(e)(5). Armed Forces for the purposes of suicide pre- ‘‘(C) the Convention on the Prevention and ‘‘(8) INTERNATIONAL ORGANIZATION.—The vention, prevention of domestic violence, Punishment of Crimes against Internation- term ‘international organization’ has the child protection, day care screening, sexual ally Protected Persons, including Diplomatic meaning given the term in section 831(f)(3). assault response, school counseling, and Agents, adopted by the General Assembly of ‘‘(9) MILITARY FORCES OF A STATE.—The similar activities, if the Secretary has rea- the United Nations on 14 December 1973; term ‘military forces of a state’ means the sonable grounds to believe that the member ‘‘(D) International Convention against the armed forces of a state which are organized, is at high risk for suicide or causing harm to Taking of Hostages, adopted by the General trained, and equipped under its internal law others.’’. Assembly of the United Nations on 17 De- for the primary purpose of national defense cember 1979; or security, and persons acting in support of SA 2989. Mrs. MURRAY (for herself ‘‘(E) the Convention on the Physical Pro- those armed forces who are under their for- and Mr. BURR) submitted an amend- tection of Nuclear Material, done at Vienna mal command, control, and responsibility. ment intended to be proposed by her to on 26 October 1979; ‘‘(10) NATIONAL OF THE UNITED STATES.—The ‘‘(F) the Protocol for the Suppression of term ‘national of the United States’ has the the bill S. 3254, to authorize appropria- Unlawful Acts of Violence at Airports Serv- meaning given the term in section 101(a)(22) tions for fiscal year 2013 for military ing International Civil Aviation, supple- of the Immigration and Nationality Act (8 activities of the Department of De- mentary to the Convention for the Suppres- U.S.C. 1101(a)(22)). fense, for military construction, and sion of Unlawful Acts against the Safety of ‘‘(11) NON-PROLIFERATION TREATY.—The for defense activities of the Depart- Civil Aviation, done at Montreal on 24 Feb- term ‘Non-Proliferation Treaty’ means the ment of Energy, to prescribe military ruary 1988; Treaty on the Non-Proliferation of Nuclear personnel strengths for such fiscal ‘‘(G) the Protocol for the Suppression of Weapons, done at Washington, London, and Unlawful Acts against the Safety of Fixed Moscow on 1 July 1968. year, and for other purposes; which was Platforms Located on the Continental Shelf, ‘‘(12) NON-PROLIFERATION STATE PARTY.— ordered to lie on the table; as follows: done at Rome on 10 March 1988; The term ‘Non-Proliferation Treaty State At the end of subtitle H of title X, add the ‘‘(H) International Convention for the Sup- Party’ means any State Party to the Non- following: pression of Terrorist Bombings, adopted by Proliferation Treaty, to include Taiwan, SEC. 1084. EXTENSION OF AUTHORITIES TO the General Assembly of the United Nations which shall be considered to have the obliga- CARRY OUT A PROGRAM OF REFER- on 15 December 1997; and tions under the Non-Proliferation Treaty of RAL AND COUNSELING SERVICES TO ‘‘(I) International Convention for the Sup- a party to that treaty other than a Nuclear VETERANS AT RISK OF HOMELESS- pression of the Financing of Terrorism, Weapon State Party to the Non-Proliferation NESS WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. adopted by the General Assembly of the Treaty. Section 2023(d) of title 38, United States United Nations on 9 December 1999. ‘‘(13) NUCLEAR WEAPON STATE PARTY TO THE Code, is amended by striking ‘‘September 30, ‘‘(2) ARMED CONFLICT.—The term ‘armed NON-PROLIFERATION TREATY.—The term ‘Nu- 2012’’ and inserting ‘‘September 30, 2013’’. conflict’ does not include internal disturb- clear Weapon State Party to the Non-Pro- ances and tensions, such as riots, isolated liferation Treaty’ means a State Party to SA 2990. Mr. GRASSLEY submitted and sporadic acts of violence, and other acts the Non-Proliferation Treaty that is a nu- an amendment intended to be proposed of a similar nature. clear-weapon State, as that term is defined by him to the bill S. 3254, to authorize ‘‘(3) BIOLOGICAL WEAPON.—The term ‘bio- in Article IX(3) of the Non-Proliferation logical weapon’ means— Treaty. appropriations for fiscal year 2013 for ‘‘(A) microbial or other biological agents, ‘‘(14) PLACE OF PUBLIC USE.—The term military activities of the Department or toxins whatever their origin or method of ‘place of public use’ has the meaning given of Defense, for military construction, production, of types and in quantities that the term in section 2332f(e)(6). and for defense activities of the De- have no justification for prophylactic, pro- ‘‘(15) PRECURSOR.—The term ‘precursor’ partment of Energy, to prescribe mili- tective, or other peaceful purposes; or has the meaning given the term in section tary personnel strengths for such fiscal ‘‘(B) weapons, equipment, or means of de- 229F(6)(A). year, and for other purposes; which was livery designed to use such agents or toxins ‘‘(16) PUBLIC TRANSPORTATION SYSTEM.—The ordered to lie on the table; as follows: for hostile purposes or in armed conflict. term ‘public transportation system’ has the ‘‘(4) CHEMICAL WEAPON.—The term ‘chem- meaning given the term in section 2332f(e)(7). At the appropriate place, insert the fol- ical weapon’ means, together or separately— ‘‘(17) SERIOUS INJURY OR DAMAGE.—The lowing: ‘‘(A) toxic chemicals and their precursors, term ‘serious injury or damage’ means— TITLE ll—NUCLEAR TERRORISM except if intended for— ‘‘(A) serious bodily injury, CONVENTIONS AND MARITIME SAFETY ‘‘(i) industrial, agricultural, research, med- ‘‘(B) extensive destruction of a place of SEC. ll01. SHORT TITLE. ical, pharmaceutical, or other peaceful pur- public use, State or government facility, in- This title may be cited as the ‘‘Nuclear poses; frastructure facility, or public transpor- Terrorism Conventions Implementation and ‘‘(ii) protective purposes, namely those tation system, resulting in major economic Safety of Maritime Navigation Act of 2012’’. purposes directly related to protection loss, or

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.048 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6967 ‘‘(C) substantial damage to the environ- governed by the provisions of chapter 46 of ‘‘(II) the resulting transfer or receipt (in- ment, including air, soil, water, fauna, or title 18, United States Code, relating to civil cluding internal to a country) is not con- flora. forfeitures, except that such duties as are trary to the obligations under the Non-Pro- ‘‘(18) SHIP.—The term ‘ship’ means a vessel imposed upon the Secretary of the Treasury liferation Treaty of a Non-Proliferation of any type whatsoever not permanently at- under the customs laws described in section Treaty State Party from which, to the terri- tached to the sea-bed, including dynamically 981(d) shall be performed by such officers, tory of which, or otherwise under the control supported craft, submersibles, or any other agents, and other persons as may be des- of which such item is transferred; floating craft, but does not include a war- ignated for that purpose by the Secretary of ‘‘(v) any equipment, materials, or software ship, a ship owned or operated by a govern- Homeland Security, the Attorney General, or related technology that significantly con- ment when being used as a naval auxiliary or or the Secretary of Defense.’’. tributes to the delivery of a nuclear weapon for customs or police purposes, or a ship SEC. ll12. VIOLENCE AGAINST MARITIME NAVI- or other nuclear explosive device, with the which has been withdrawn from navigation GATION. intention that it will be used for such pur- or laid up. (a) IN GENERAL.—Chapter 111 of title 18, pose, except where— ‘‘(19) SOURCE MATERIAL.—The term ‘source United States Code, is amended by adding ‘‘(I) such item is transported to or from the material’ has the meaning given that term after section 2280 the following: territory of, or otherwise under the control in the International Atomic Energy Agency ‘‘§ 2280a. Violence against maritime naviga- of, a Non-Proliferation Treaty State Party; Statute, done at New York on 26 October tion and maritime transport involving and 1956. weapons of mass destruction ‘‘(II) such item is intended for the delivery ‘‘(20) SPECIAL FISSIONABLE MATERIAL.—The ‘‘(a) OFFENSES.— system of a nuclear weapon or other nuclear term ‘special fissionable material’ has the ‘‘(1) IN GENERAL.—Subject to the excep- explosive device of a Nuclear Weapon State meaning given that term in the Inter- tions set forth in subsection (c), a person Party to the Non-Proliferation Treaty; or national Atomic Energy Agency Statute, who unlawfully and intentionally— ‘‘(vi) any equipment, materials, or soft- done at New York on 26 October 1956. ‘‘(A) when the purpose of the act, by its na- ware or related technology that significantly ‘‘(21) TERRITORIAL SEA OF THE UNITED ture or context, is to intimidate a popu- contributes to the design, manufacture, or STATES.—The term ‘territorial sea of the lation, or to compel a government or an delivery of a biological or chemical weapon, United States’ means all waters extending international organization to do or to ab- with the intention that it will be used for seaward to 12 nautical miles from the base- stain from doing any act— such purpose; lines of the United States determined in ac- ‘‘(i) uses against or on a ship or discharges ‘‘(C) transports another person on board a cordance with international law. from a ship any explosive or radioactive ma- ship knowing that the person has committed ‘‘(22) TOXIC CHEMICAL.—The term ‘toxic terial, biological, chemical, or nuclear weap- an act that constitutes an offense under sec- chemical’ has the meaning given the term in on or other nuclear explosive device in a tion 2280 or subparagraphs (A), (B), (D), or section 229F(8)(A). manner that causes or is likely to cause (E) of this paragraph or an offense set forth in an applicable treaty, as specified in sec- ‘‘(23) TRANSPORT.—The term ‘transport’ death to any person or serious injury or means to initiate, arrange or exercise effec- damage; tion 2280(d)(1), and intending to assist that tive control, including decision making au- ‘‘(ii) discharges from a ship oil, liquefied person to evade criminal prosecution; thority, over the movement of a person or natural gas, or another hazardous or noxious ‘‘(D) injures or kills any person in connec- tion with the commission or the attempted item. substance that is not covered by clause (i), in commission of any of the offenses set forth ‘‘(24) UNITED STATES.—The term ‘United such quantity or concentration that causes in subparagraphs (A) through (C), or sub- States’, when used in a geographical sense, or is likely to cause death to any person or section (a)(2), to the extent that the offense includes the Commonwealth of Puerto Rico, serious injury or damage; or set forth in subsection (a)(2) pertains to sub- the Commonwealth of the Northern Mariana ‘‘(iii) uses a ship in a manner that causes paragraph (A); Islands, and all territories and possessions of death to any person or serious injury or ‘‘(E) attempts to do any act prohibited the United States. damage; under subparagraph (A), (B), or (D); or ‘‘(e) EXCEPTIONS.—This section shall not ‘‘(B) transports on board a ship— apply to— ‘‘(i) any explosive or radioactive material, ‘‘(F) conspires to do any act prohibited under this subsection, ‘‘(1) the activities of armed forces during knowing that it is intended to be used to an armed conflict, as those terms are under- cause, or in a threat to cause, death to any shall be fined under this title, imprisoned stood under the law of war, which are gov- person or serious injury or damage for the not more than 20 years, or both; and if the erned by that law; or purpose of intimidating a population, or death of any person results from conduct ‘‘(2) activities undertaken by military compelling a government or an international prohibited by this paragraph, shall be pun- forces of a state in the exercise of their offi- organization to do or to abstain from doing ished by death or imprisoned for any term of cial duties. any act; years or for life. ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.— ‘‘(ii) any biological, chemical, or nuclear ‘‘(2) THREATS.—A person who threatens, The master of a covered ship flying the flag weapon or other nuclear explosive device, with apparent determination and will to of the United States who has reasonable knowing it to be a biological, chemical, or carry the threat into execution, to do any grounds to believe that there is on board nuclear weapon or other nuclear explosive act prohibited under paragraph (1)(A) shall that ship any person who has committed an device; be fined under this title, imprisoned not offense under section 2280 or section 2280a ‘‘(iii) any source material, special fission- more than 5 years, or both. may deliver such person to the authorities of able material, or equipment or material es- ‘‘(b) JURISDICTION.—There is jurisdiction a country that is a party to the Convention pecially designed or prepared for the proc- over the activity prohibited under subsection for the Suppression of Unlawful Acts against essing, use, or production of special fission- (a)— the Safety of Maritime Navigation. Before able material, knowing that it is intended to ‘‘(1) in the case of a covered ship, if— delivering such person to the authorities of be used in a nuclear explosive activity or in ‘‘(A) such activity is committed— another country, the master shall notify in any other nuclear activity not under safe- ‘‘(i) against or on board a vessel of the an appropriate manner the Attorney General guards pursuant to an International Atomic United States or a vessel subject to the juris- of the United States of the alleged offense Energy Agency comprehensive safeguards diction of the United States (as defined in and await instructions from the Attorney agreement, except where— section 70502 of title 46) at the time the pro- General as to what action to take. When de- ‘‘(I) such item is transported to or from the hibited activity is committed; livering the person to a country which is a territory of, or otherwise under the control ‘‘(ii) in the United States, including the state party to the Convention, the master of, a Non-Proliferation Treaty State Party; territorial seas; or shall, whenever practicable, and if possible and ‘‘(iii) by a national of the United States, by before entering the territorial sea of such ‘‘(II) the resulting transfer or receipt (in- a United States corporation or legal entity, country, notify the authorities of such coun- cluding internal to a country) is not con- or by a stateless person whose habitual resi- try of the master’s intention to deliver such trary to the obligations under the Non-Pro- dence is in the United States; person and the reasons therefor. If the mas- liferation Treaty of the Non-Proliferation ‘‘(B) during the commission of such activ- ter delivers such person, the master shall Treaty State Party from which, to the terri- ity, a national of the United States is seized, furnish to the authorities of such country tory of which, or otherwise under the control threatened, injured, or killed; or the evidence in the master’s possession that of which such item is transferred; ‘‘(C) the offender is later found in the pertains to the alleged offense. ‘‘(iv) any equipment, materials, or soft- United States after such activity is com- ‘‘(g)(1) CIVIL FORFEITURE.—Any real or per- ware or related technology that significantly mitted; sonal property used or intended to be used to contributes to the design or manufacture of ‘‘(2) in the case of a ship navigating or commit or to facilitate the commission of a a nuclear weapon or other nuclear explosive scheduled to navigate solely within the terri- violation of this section, the gross proceeds device, with the intention that it will be torial sea or internal waters of a country of such violation, and any real or personal used for such purpose, unless— other than the United States, if the offender property traceable to such property or pro- ‘‘(I) the country to the territory of which is later found in the United States after such ceeds, shall be subject to forfeiture. or under the control of which such item is activity is committed; or ‘‘(2) APPLICABLE PROCEDURES.—Seizures transferred is a Nuclear Weapon State Party ‘‘(3) in the case of any vessel, if such activ- and forfeitures under this section shall be to the Non-Proliferation Treaty; and ity is committed in an attempt to compel

VerDate Mar 15 2010 03:17 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.049 S27NOPT1 jbell on DSK7SPTVN1PROD with S6968 CONGRESSIONAL RECORD — SENATE November 27, 2012 the United States to do or abstain from commission of any of the offenses set forth Subtitle B—Prevention of Nuclear Terrorism doing any act. in subparagraph (A); or SEC. ll21. ACTS OF NUCLEAR TERRORISM. ‘‘(c) EXCEPTIONS.—This section shall not ‘‘(C) attempts or conspires to do anything (a) IN GENERAL.—Chapter 113B of title 18, apply to— prohibited under subparagraph (A) or (B), United States Code, is amended by adding ‘‘(1) the activities of armed forces during shall be fined under this title, imprisoned after section 2332h the following: an armed conflict, as those terms are under- not more than 20 years, or both; and if death stood under the law of war, which are gov- results to any person from conduct prohib- ‘‘§ 2332i. Acts of nuclear terrorism erned by that law; or ited by this paragraph, shall be punished by ‘‘(a) OFFENSES.— ‘‘(2) activities undertaken by military death or imprisoned for any term of years or ‘‘(1) IN GENERAL.—Any person who know- forces of a state in the exercise of their offi- for life. ingly and unlawfully— cial duties. ‘‘(2) THREAT TO SAFETY.—A person who ‘‘(A) possesses radioactive material or ‘‘(d)(1) CIVIL FORFEITURE.—Any real or per- threatens, with apparent determination and makes or possesses a device— sonal property used or intended to be used to will to carry the threat into execution, to do ‘‘(i) with the intent to cause death or seri- commit or to facilitate the commission of a any act prohibited under paragraph (1)(A), ous bodily injury; or violation of this section, the gross proceeds shall be fined under this title, imprisoned ‘‘(ii) with the intent to cause substantial of such violation, and any real or personal not more than 5 years, or both. damage to property or the environment; or property traceable to such property or pro- ‘‘(b) JURISDICTION.—There is jurisdiction ‘‘(B) uses in any way radioactive material ceeds, shall be subject to forfeiture. or a device, or uses or damages or interferes ‘‘(2) APPLICABLE PROCEDURES.—Seizures over the activity prohibited under subsection with the operation of a nuclear facility in a and forfeitures under this section shall be (a) if— manner that causes the release of or in- governed by the provisions of chapter 46 re- ‘‘(1) such activity is committed against or creases the risk of the release of radioactive lating to civil forfeitures, except that such on board a fixed platform— material, or causes radioactive contamina- duties as are imposed upon the Secretary of ‘‘(A) that is located on the continental tion or exposure to radiation— the Treasury under the customs laws de- shelf of the United States; ‘‘(i) with the intent to cause death or seri- scribed in section 981(d) shall be performed ‘‘(B) that is located on the continental ous bodily injury or with the knowledge that by such officers, agents, and other persons as shelf of another country, by a national of the may be designated for that purpose by the United States or by a stateless person whose such act is likely to cause death or serious Secretary of Homeland Security, the Attor- habitual residence is in the United States; or bodily injury; ney General, or the Secretary of Defense.’’. ‘‘(C) in an attempt to compel the United ‘‘(ii) with the intent to cause substantial (b) CONFORMING AMENDMENT.—The table of States to do or abstain from doing any act; damage to property or the environment or sections at the beginning of chapter 111 of ‘‘(2) during the commission of such activ- with the knowledge that such act is likely to title 18, United States Code, is amended by ity against or on board a fixed platform lo- cause substantial damage to property or the adding after the item relating to section 2280 cated on a continental shelf, a national of environment; or the following: the United States is seized, threatened, in- ‘‘(iii) with the intent to compel a person, ‘‘2280a. Violence against maritime naviga- jured, or killed; or an international organization or a country tion and maritime transport in- ‘‘(3) such activity is committed against or to do or refrain from doing an act, volving weapons of mass de- on board a fixed platform located outside the shall be punished as prescribed in subsection struction.’’. United States and beyond the continental (c). SEC. ll13. EXCEPTIONS TO LAW PROHIBITING shelf of the United States and the offender is ‘‘(2) THREATS.—Any person who, under cir- VIOLENCE AGAINST MARITIME later found in the United States. cumstances in which the threat may reason- FIXED PLATFORMS. ‘‘(c) EXCEPTIONS.—This section shall not ably be believed, threatens to commit an of- Section 2281 of title 18, United States Code, apply to— fense under paragraph (1) shall be punished is amended— ‘‘(1) the activities of armed forces during as prescribed in subsection (c). Whoever de- (1) in subsection (c), by striking ‘‘section an armed conflict, as those terms are under- mands possession of or access to radioactive 2(c)’’ and inserting ‘‘section 13(c)’’; stood under the law of war, which are gov- material, a device or a nuclear facility by (2) in subsection (d), by striking the defini- erned by that law; or threat or by use of force shall be punished as tions of ‘‘national of the United States,’’ ‘‘(2) activities undertaken by military prescribed in subsection (c). ‘‘territorial sea of the United States,’’ and forces of a state in the exercise of their offi- ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Any ‘‘United States’’; and cial duties. person who attempts to commit an offense (3) by adding at the end the following: under paragraph (1) or conspires to commit ‘‘(d) DEFINITIONS.—In this section: ‘‘(e) EXCEPTIONS.—This section shall not an offense under paragraphs (1) or (2) shall be ‘‘(1) CONTINENTAL SHELF.—The term ‘conti- apply to— nental shelf’ means the sea-bed and subsoil punished as prescribed in subsection (c). ‘‘(1) the activities of armed forces during of the submarine areas that extend beyond a ‘‘(b) JURISDICTION.—Conduct prohibited by an armed conflict, as those terms are under- country’s territorial sea to the limits pro- subsection (a) is within the jurisdiction of stood under the law of war, which are gov- vided by customary international law as re- the United States if— erned by that law; or flected in Article 76 of the 1982 Convention ‘‘(1) the prohibited conduct takes place in ‘‘(2) activities undertaken by military on the Law of the Sea. the United States or the special aircraft ju- forces of a state in the exercise of their offi- risdiction of the United States; ‘‘(2) FIXED PLATFORM.—The term ‘fixed cial duties.’’. platform’ means an artificial island, instal- ‘‘(2) the prohibited conduct takes place SEC. ll14. ADDITIONAL OFFENSES AGAINST outside of the United States and— MARITIME FIXED PLATFORMS. lation, or structure permanently attached to the sea-bed for the purpose of exploration or ‘‘(A) is committed by a national of the (a) IN GENERAL.—Chapter 111 of title 18, United States, a United States corporation United States Code, is amended by adding exploitation of resources or for other eco- nomic purposes.’’. or legal entity or a stateless person whose after section 2281 the following: habitual residence is in the United States; ‘‘§ 2281a. Additional offenses against maritime (b) CONFORMING AMENDMENT.—The table of ‘‘(B) is committed on board a vessel of the fixed platforms sections at the beginning of chapter 111 of United States or a vessel subject to the juris- title 18, United States Code, is amended by ‘‘(a) OFFENSES.— diction of the United States (as defined in adding after the item relating to section 2281 ‘‘(1) IN GENERAL.—A person who unlawfully section 70502 of title 46) or on board an air- the following: and intentionally— craft that is registered under United States ‘‘(A) when the purpose of the act, by its na- ‘‘2281a. Additional offenses against maritime law, at the time the offense is committed; or ture or context, is to intimidate a popu- fixed platforms.’’. ‘‘(C) is committed in an attempt to compel lation, or to compel a government or an SEC. ll15. ANCILLARY MEASURES. the United States to do or abstain from international organization to do or to ab- doing any act, or constitutes a threat di- stain from doing any act— (a) FEDERAL CRIME OF TERRORISM.—Section rected at the United States; ‘‘(i) uses against or on a fixed platform or 2332b(g)(5)(B) of title 18, United States Code, ‘‘(3) the prohibited conduct takes place discharges from a fixed platform any explo- is amended, by striking ‘‘2281’’ and inserting outside of the United States and a victim or sive or radioactive material, biological, ‘‘2280a (relating to maritime safety), 2281 an intended victim is a national of the chemical, or nuclear weapon in a manner through 2281a’’. United States or a United States corporation that causes or is likely to cause death or se- (b) PROVIDING MATERIAL SUPPORT TO TER- or legal entity, or the offense is committed rious injury or damage; or RORISTS PREDICATE.—Section 2339A(a) of title against any state or government facility of ‘‘(ii) discharges from a fixed platform oil, 18, United States Code, is amended by strik- the United States; or liquefied natural gas, or another hazardous ing, ‘‘2280, 2281’’ and inserting, ‘‘2280, 2280a, ‘‘(4) a perpetrator of the prohibited con- or noxious substance that is not covered by 2281, 2281a’’ duct is found in the United States. clause (i), in such quantity or concentration (c) WIRETAP PREDICATES.—Section ‘‘(c) PENALTIES.—Any person who violates that causes or is likely to cause death or se- 2516(1)(q) of title 18, United States Code, is this section shall be punished by death or rious injury or damage; amended by striking ‘‘or section’’ and insert- imprisoned for any term of years or for life. ‘‘(B) injures or kills any person in connec- ing ‘‘, section 2280, 2280a, 2281, or 2281(a) (re- ‘‘(d) NONAPPLICABILITY.—This section does tion with the commission or the attempted lating to maritime safety), or section’’. not apply to—

VerDate Mar 15 2010 03:17 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.049 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6969 ‘‘(1) the activities of armed forces during meaning given the term in section 70502 of ternal law for the primary purpose of na- an armed conflict, as those terms are under- title 46.’’. tional defense or security and persons acting stood under the law of war, which are gov- (b) CLERICAL AMENDMENT.—The table of in support of those armed forces who are erned by that law; or sections at the beginning of chapter 113B of under their formal command, control and re- ‘‘(2) activities undertaken by military title 18, United States Code, is amended by sponsibility; forces of a state in the exercise of their offi- inserting after section 2332h the following: ‘‘(10) the term ‘state’ has the meaning cial duties. ‘‘2332i. Acts of nuclear terrorism.’’. given the term under international law, and ‘‘(e) DEFINITIONS.—In this section: (c) DISCLAIMER.—Nothing contained in this includes all political subdivisions of the ‘‘(1) ARMED CONFLICT.—The term ‘armed section is intended to affect the applicability state; conflict’ has the meaning given that term in of any other Federal or State law that might ‘‘(11) the term ‘state or government facil- section 2332f(e)(11). pertain to the underlying conduct. ity’ has the meaning given the term in sec- ‘‘(2) DEVICE.—The term ‘device’ means— tion 2332f(e)(3); and ‘‘(A) any nuclear explosive device; or SEC. ll22. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES CODE. ‘‘(12) the term ‘vessel of the United States’ ‘‘(B) any radioactive material dispersal or has the meaning given the term in section radiation-emitting device that may, owing Section 831 of title 18, United States Code, is amended— 70502 of title 46.’’. to its radiological properties, cause death, SEC. ll23. ANCILLARY MEASURES. serious bodily injury or substantial damage (a) in subsection (a)— (a) FEDERAL CRIME OF TERRORISM.—Section to property or the environment. (1) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respec- 2332b(g)(5)(B) of title 18, United States Code, NTERNATIONAL ORGANIZATION.—The ‘‘(3) I is amended by inserting ‘‘2332i (relating to term ‘international organization’ has the tively; acts of nuclear terrorism),’’ before ‘‘2339 (re- meaning given the term in section 831(f)(3). (2) by inserting after paragraph (2) the fol- lating to harboring terrorists),’’. ‘‘(4) MILITARY FORCES OF A STATE.—The lowing: (b) PROVIDING MATERIAL SUPPORT TO TER- term ‘military forces of a state’ means the ‘‘(3) without lawful authority, inten- RORISTS PREDICATE.—Section 2339A(a) of title armed forces of a country that are organized, tionally carries, sends or moves nuclear ma- 18, United States Code, is amended by insert- trained and equipped under its internal law terial into or out of a country;’’; ing ‘‘2332i,’’ before ‘‘2340A,’’. for the primary purpose of national defense (3) in paragraph (8), as redesignated, by (c) WIRETAP PREDICATES.—Section or security and persons acting in support of striking ‘‘an offense under paragraph (1), (2), (3), or (4)’’ and inserting ‘‘any act prohibited 2516(1)(q) of title 18, United States Code, is those armed forces who are under their for- amended by inserting ‘‘, 2332i,’’ after ‘‘2332h’’. mal command, control and responsibility. under paragraphs (1) through (5)’’; and (4) in paragraph (9), as redesignated, by ‘‘(5) NATIONAL OF THE UNITED STATES.—The SA 2991. Mr. HOEVEN (for himself, term ‘national of the United States’ has the striking ‘‘an offense under paragraph (1), (2), meaning given the term in section 101(a)(22) (3), or (4)’’ and inserting ‘‘any act prohibited Mr. TESTER, and Mr. HATCH) submitted of the Immigration and Nationality Act (8 under paragraphs (1) through (7)’’; an amendment intended to be proposed U.S.C. 1101(a)(22)). (b) in subsection (b)— by him to the bill S. 3254, to authorize ‘‘(6) NUCLEAR FACILITY.—The term ‘nuclear (1) in paragraph (1), by striking ‘‘(7)’’ and appropriations for fiscal year 2013 for facility’ means— inserting ‘‘(8)’’; and military activities of the Department ‘‘(A) any nuclear reactor, including reac- (2) in paragraph (2), by striking ‘‘(8)’’ and of Defense, for military construction, tors on vessels, vehicles, aircraft or space ob- inserting ‘‘(9)’’; (c) in subsection (c)— and for defense activities of the De- jects for use as an energy source in order to partment of Energy, to prescribe mili- propel such vessels, vehicles, aircraft or (1) in subparagraph (2)(A), by inserting ‘‘or space objects or for any other purpose; a stateless person whose habitual residence tary personnel strengths for such fiscal ‘‘(B) any plant or conveyance being used is in the United States’’ after ‘‘United year, and for other purposes; which was for the production, storage, processing or States’’; ordered to lie on the table; as follows: transport of radioactive material; or (2) in paragraph (4), by striking ‘‘or’’ at the At the end of subtitle H of title X, add the ‘‘(C) a facility (including associated build- end; and following: ings and equipment) in which nuclear mate- (3) by striking paragraph (5) and inserting SEC. 1084. SENSE OF SENATE ON THE MAINTE- rial is produced, processed, used, handled, the following: NANCE BY THE UNITED STATES OF A stored or disposed of, if damage to or inter- ‘‘(5) the offense is committed on board a TRIAD OF STRATEGIC NUCLEAR DE- ference with such facility could lead to the vessel of the United States or a vessel sub- LIVERY SYSTEMS. release of significant amounts of radiation or ject to the jurisdiction of the United States (a) FINDINGS.—The Senate finds the fol- radioactive material. (as defined in section 70502 of title 46) or on lowing: ‘‘(7) NUCLEAR MATERIAL.—The term ‘nu- board an aircraft that is registered under (1) The April 2010 Nuclear Posture Review clear material’ has the meaning given the United States law, at the time the offense is concluded that even with the reductions term in section 831(f)(1). committed; specified in the New START Treaty, the ‘‘(8) RADIOACTIVE MATERIAL.—The term ‘ra- ‘‘(6) the offense is committed outside the United States should retain a nuclear dioactive material’ means nuclear material United States and against any state or gov- ‘‘Triad’’ of land-based intercontinental bal- and other radioactive substances that con- ernment facility of the United States; or listic missiles, submarine-launched ballistic tain nuclides that undergo spontaneous dis- ‘‘(7) the offense is committed in an attempt missiles and nuclear capable heavy bombers, integration (a process accompanied by emis- to compel the United States to do or abstain noting that ‘‘[r]etaining all three Triad legs sion of one or more types of ionizing radi- from doing any act, or constitutes a threat will best maintain strategic stability at rea- ation, such as alpha-, beta-, neutron par- directed at the United States.’’; sonable cost, while hedging against potential ticles and gamma rays) and that may, owing (d) by redesignating subsections (d), (e), technical problems or vulnerabilities’’. to their radiological or fissile properties, and (f) as subsections (e), (f), and (g), respec- (2) The resolution of ratification for the cause death, serious bodily injury or sub- tively; New START Treaty, which the Senate ap- stantial damage to property or to the envi- (e) by inserting after subsection (c) the fol- proved on December 22, 2010, stated that ‘‘it ronment. lowing: is the sense of the Senate that United States ‘‘(9) SERIOUS BODILY INJURY.—The term ‘se- ‘‘(d) NONAPPLICABILITY.—This section shall deterrence and flexibility is assured by a ro- rious bodily injury’ has the meaning given not apply to— bust triad of strategic delivery vehicles. To the term in section 831(f)(4). ‘‘(1) the activities of armed forces during this end, the United States is committed to ‘‘(10) STATE.—The term ‘state’ has the an armed conflict, as those terms are under- accomplishing the modernization and re- meaning given the term under international stood under the law of war, which are gov- placement of its strategic nuclear delivery law, and includes all political subdivisions of erned by that law; or vehicles, and to ensuring the continued flexi- the state. ‘‘(2) activities undertaken by military bility of United States conventional and nu- ‘‘(11) STATE OR GOVERNMENT FACILITY.—The forces of a state in the exercise of their offi- clear delivery systems’’. term ‘state or government facility’ has the cial duties.’’; and (3) In a message to the Senate on February meaning given the term in section 2332f(e)(3). (f) in subsection (g), as redesignated— 2, 2011, President Obama certified that he in- ‘‘(12) UNITED STATES CORPORATION OR LEGAL (1) in paragraph (6), by striking ‘‘and’’ at tended to ‘‘modernize or replace the triad of ENTITY.—The term ‘United States corpora- the end; strategic nuclear delivery systems: a heavy tion or legal entity’ means any corporation (2) in paragraph (7), by striking the period bomber and air-launched cruise missile, an or other entity organized under the laws of at the end and inserting a semicolon; and ICBM, and a nuclear-powered ballistic mis- the United States or any State, Common- (3) by inserting after paragraph (7), the fol- sile submarine (SSBN) and SLBM’’ and to wealth, territory, possession or district of lowing: ‘‘maintain the United States rocket motor the United States. ‘‘(8) the term ‘armed conflict’ has the industrial base’’. ‘‘(13) VESSEL.—The term ‘vessel’ has the meaning given the term in section (b) SENSE OF SENATE.—It is the sense of the meaning given the term in section 1502(19) of 2332f(e)(11); Senate that— title 33. ‘‘(9) the term ‘military forces of a state’ (1) the United States should maintain a ‘‘(14) VESSEL OF THE UNITED STATES.—The means the armed forces of a country that are triad of strategic nuclear delivery systems; term ‘vessel of the United States’ has the organized, trained and equipped under its in- and

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.049 S27NOPT1 jbell on DSK7SPTVN1PROD with S6970 CONGRESSIONAL RECORD — SENATE November 27, 2012 (2) the United States is committed to mod- ‘‘(iv) being a dependent of a member cov- process, and reuse some of the rare earth ele- ernizing the component weapons and deliv- ered by clause (i) or of a member of a service ments contained in them; ery systems of that triad. covered by clause (ii) or (iii). (2) fluorescent lighting materials could ‘‘(B) Nothing in this subsection shall be prove to be a promising recyclable source of SA 2992. Mr. HOEVEN submitted an construed as limiting or otherwise affecting heavy rare earth elements; amendment intended to be proposed by the benefits otherwise provided under this (3) a cost-benefit analysis would be helpful him to the bill S. 3254, to authorize ap- chapter to a covered beneficiary who is a in determining the viability of a Department propriations for fiscal year 2013 for beneficiary by virtue of— of Defense program to recycle fluorescent military activities of the Department ‘‘(i) service in the Coast Guard, the Com- lighting waste in order to increase its sup- of Defense, for military construction, missioned Corp of the National Oceanic and plies of heavy rare earth elements; and and for defense activities of the De- Atmospheric Administration, or the Com- (4) the recycling of heavy rare earth ele- missioned Corp of the Public Health Service; ments may be one component of a long term partment of Energy, to prescribe mili- or strategic plan to address the global demand tary personnel strengths for such fiscal ‘‘(ii) being a dependent of a member of a for such elements, without which such ele- year, and for other purposes; which was service described in clause (i). ments could be unnecessarily lost. ordered to lie on the table; as follows: ‘‘(C) This subsection shall not apply to a (c) REPORT REQUIRED.— At the end of subtitle G of title X, add the medicare-eligible beneficiary (as defined in (1) IN GENERAL.—Not later than March 1, following: section 1111(b) of this title). 2013, the Secretary of Defense shall submit SEC. 1074. MAINTENANCE OF ICBM LAUNCH FA- ‘‘(D) Except as provided in subparagraph to the congressional defense committees a CILITY INVENTORY. (C), nothing in this subsection shall be con- report on the results of a cost-benefit anal- Consistent with the treaty obligations of strued as limiting or otherwise affecting the ysis on, and on recommendations con- the United States, the Secretary of Defense benefits provided to a medicare-eligible ben- cerning, the feasibility and advisability of shall maintain an inventory of 450 oper- eficiary under— establishing a program within the Depart- ational intercontinental ballistic missile ‘‘(i) this chapter; ment of Defense to— launch facilities whether in deployed or non- ‘‘(ii) part A of title XVIII of the Social Se- (A) recapture fluorescent lighting waste; deployed status. curity Act (42 U.S.C. 1395c et seq.); or and ‘‘(iii) any other law.’’. (B) make such waste available to entities SA 2993. Mrs. GILLIBRAND (for her- (b) FUNDING.— that have the ability to extract rare earth self, Mr. LIEBERMAN, Mr. BLUMENTHAL, (1) INCREASE.—The amount authorized to phosphors, reprocess and separate them in an Mr. KERRY, Mr. BROWN of Massachu- be appropriated for fiscal year 2013 by sec- environmentally safe manner, and return setts, Mr. BEGICH, and Mr. MENENDEZ) tion 1406 and available for the Defense them to the domestic rare earth supply submitted an amendment intended to Health Program for Private Sector Care as chain. be proposed by her to the bill S. 3254, to specified in the funding table in section 4501 (2) ELEMENTS.—The report required by is hereby increased by $30,000,000, with the paragraph (1) shall include analysis of meas- authorize appropriations for fiscal year amount of the increase to be available for 2013 for military activities of the De- ures that could be taken to— the provision of care in accordance with sub- (A) provide for the disposal and mitigation partment of Defense, for military con- section (g) of section 1077 of title 10, United of residual mercury and other hazardous by- struction, and for defense activities of States Code (as added by subsection (a) of products to be produced by the recycling the Department of Energy, to prescribe this section). process; and military personnel strengths for such (2) OFFSET.—The amount authorized to be (B) address concerns regarding the poten- fiscal year, and for other purposes; appropriated for fiscal year 2013 by section tial export of heavy rare earth materials ob- which was ordered to lie on the table; 301 for Operation and Maintenance and avail- tained from United States Government as follows: able as specified in the funding table in sec- sources to non-allied nations. tion 4301 is hereby reduced by $30,000,000. At the end of subtitle A of title VII, add SA 2995. Mr. PORTMAN submitted an the following: SA 2994. Mr. CASEY (for himself and SEC. 704. CERTAIN TREATMENT OF AUTISM amendment intended to be proposed by Mr. BEGICH) submitted an amendment UNDER THE TRICARE PROGRAM. him to the bill S. 3254, to authorize ap- intended to be proposed by him to the (a) IN GENERAL.—Section 1077 of title 10, propriations for fiscal year 2013 for bill S. 3254, to authorize appropriations United States Code, is amended by adding at military activities of the Department for fiscal year 2013 for military activi- the end the following new subsection: of Defense, for military construction, ‘‘(g)(1) In providing health care under sub- ties of the Department of Defense, for and for defense activities of the De- section (a) to a covered beneficiary described military construction, and for defense partment of Energy, to prescribe mili- in paragraph (3)(A), the treatment of autism activities of the Department of Energy, spectrum disorders shall include behavioral tary personnel strengths for such fiscal to prescribe military personnel health treatment, including applied behavior year, and for other purposes; which was strengths for such fiscal year, and for analysis, when prescribed by a physician. ordered to lie on the table; as follows: ‘‘(2) In carrying out this subsection, the other purposes; which was ordered to Secretary shall ensure that— lie on the table; as follows: At the end of subtitle E of title X, add the following: ‘‘(A) except as provided by subparagraph At the end of subtitle F of title X, add the (B), a person who is authorized to provide be- following: SEC. 1048. ENHANCEMENT OF AUTHORITIES ON havioral health treatment is licensed or cer- ADMISSION OF DEFENSE INDUSTRY SEC. 1064. REPORT ON PROGRAM ON RETURN OF CIVILIANS TO CERTAIN DEPART- tified by a State or accredited national cer- RARE EARTH PHOSPHORS FROM DE- tification board; and MENT OF DEFENSE EDUCATIONAL PARTMENT OF DEFENSE FLUORES- INSTITUTIONS AND PROGRAMS. ‘‘(B) if applied behavior analysis or other CENT LIGHTING WASTE TO THE DO- behavioral health treatment is provided by MESTIC RARE EARTH SUPPLY (a) NAVY DEFENSE PRODUCT DEVELOPMENT an employee or contractor of a person de- CHAIN. PROGRAM.—Section 7049(a) of title 10, United scribed in subparagraph (A), the employee or (a) FINDINGS.—Congress makes the fol- States Code, is amended— contractor shall meet minimum qualifica- lowing findings: (1) in the second sentence, by inserting ‘‘or tions, training, and supervision requirements (1) In its December 2011 report entitled professional continuing education certifi- as set forth by the Secretary who shall en- ‘‘Critical Materials Strategy’’, the Depart- cate’’ after ‘‘master’s degree’’; sure that covered beneficiaries have appro- ment of Energy states that the heavy rare (2) in the third sentence, by striking ‘‘125 priate access to care in accordance with best earth phosphors, dysprosium, europium, ter- such defense industry employees’’ and insert- practice guidelines. bium, and yttrium, are particularly impor- ing ‘‘250 such defense industry employees’’; ‘‘(3)(A) A covered beneficiary described in tant given their relative scarcity and their and this subparagraph is a covered beneficiary importance to clean energy, energy effi- (3) in the last sentence, by inserting before who is a beneficiary by virtue of— ciency, hybrid and electric vehicles, and ad- the period at the end the following: ‘‘or an ‘‘(i) service in the armed forces (not includ- vanced defense systems, among other key appropriate professional continuing edu- ing the Coast Guard); technologies. cation certificate, as applicable’’. ‘‘(ii) current service on active duty in the (2) While new sources of production of rare (b) UNITED STATES AIR FORCE INSTITUTE OF Coast Guard, or those members of the Coast earth elements show promise, these are fo- TECHNOLOGY.—Section 9314a(a) of such title Guard Reserve who are enrolled in the cused primarily on the light rare earth ele- is amended— TRICARE program; ments. (1) in paragraph (1), by inserting ‘‘or pro- ‘‘(iii) current service on active duty in the (b) SENSE OF SENATE.—It is the sense of the fessional continuing education certificate’’ Commissioned Corps of the National Oceanic Senate that— after ‘‘graduate degree’’; and Atmospheric Administration or the (1) the recycling of end-use technologies (2) in paragraph (2), by striking ‘‘125 de- Commissioned Corps of the Public Health that use rare earth elements can provide fense industry employees’’ and inserting ‘‘250 Service; or near-term opportunities to recapture, re- defense industry employees’’; and

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(3) in paragraph (3), by inserting before the matter preceding paragraph (1) by striking ‘‘(3) NOTICE TO CONGRESS.— period at the end the following: ‘‘or an ap- ‘‘by vessel’’ and inserting ‘‘by a documented ‘‘(A) IN GENERAL.—The head of an agency propriate professional continuing education vessel’’. referred to in paragraph (1) shall notify the certificate, as applicable’’. SEC. 3504. MARITIME ENVIRONMENTAL AND Committee on Transportation and Infra- TECHNICAL ASSISTANCE. structure of the House of Representatives SA 2996. Mr. ROCKEFELLER sub- (a) IN GENERAL.—Chapter 503 of title 46, and the Committee on Commerce, Science, mitted an amendment intended to be United States Code, is amended by adding at and Transportation of the Senate— proposed by him to the bill S. 3254, to the end the following: ‘‘(i) of any request for a waiver of the navi- authorize appropriations for fiscal year ‘‘§ 50307. Maritime environmental and tech- gation or vessel-inspection laws under this 2013 for military activities of the De- nical assistance section not later than 48 hours after receiv- ing such a request; and partment of Defense, for military con- ‘‘(a) IN GENERAL.—The Secretary of Trans- portation may engage in the environmental ‘‘(ii) of the issuance of any such waiver not struction, and for defense activities of study, research, development, assessment, later than 48 hours after such issuance. the Department of Energy, to prescribe and deployment of emerging marine tech- ‘‘(B) CONTENTS.—Such head of an agency military personnel strengths for such nologies and practices related to the marine shall include in each notification under sub- fiscal year, and for other purposes; transportation system through the use of paragraph (A)(ii) an explanation of— which was ordered to lie on the table; public vessels under the control of the Mari- ‘‘(i) the reasons the waiver is necessary; as follows: time Administration or private vessels under and Untied States registry, and through partner- ‘‘(ii) the reasons actions referred to in Beginning on page 590, strike line 11 and ships and cooperative efforts with academic, paragraph (2)(A) are not feasible.’’. all that follows through page 595, line 7, and public, private, and non-governmental enti- SEC. 3506. MARITIME WORKFORCE STUDY. insert the following: ties and facilities. (a) TRAINING STUDY.—The Comptroller SEC. 3501. SHORT TITLE. ‘‘(b) REQUIREMENTS.—The Secretary of General of the United States shall conduct a This title may be cited as the ‘‘Maritime Transportation may— study on the training needs of the maritime Administration Authorization Act for Fiscal ‘‘(1) identify, study, evaluate, test, dem- workforce. Year 2013’’. onstrate, or improve emerging marine tech- (b) STUDY COMPONENTS.—The study shall— SEC. 3502. CONTAINER-ON-BARGE TRANSPOR- nologies and practices that are likely to (1) analyze the impact of maritime train- TATION. achieve environmental improvements by— ing requirements imposed by domestic and (a) ASSESSMENT.—The Administrator of the ‘‘(A) reducing air emissions, water emis- international regulations and conventions, Maritime Administration shall assess the po- sions, or other ship discharges; companies, and government agencies that tential for using container-on-barge trans- ‘‘(B) increasing fuel economy or the use of charter or operate vessels; portation in short sea transportation (as alternative fuels and alternative energy (in- (2) evaluate the ability of the United such term is defined in section 55605 of title cluding the use of shore power); or States maritime training infrastructure to 46, United States Code). ‘‘(C) controlling aquatic invasive species; meet the needs of the maritime industry; (b) FACTORS.—In conducting the assess- and (3) identify trends in maritime training; ment under subsection (a), the Adminis- ‘‘(2) coordinate with the Environmental (4) compare the training needs of United trator shall consider— Protection Agency, the United States Coast States mariners with the vocational training (1) the environmental benefits of increas- Guard, and other Federal, State, local, or and educational assistance programs avail- ing container-on-barge movements in short tribal agencies, as appropriate. able from Federal agencies to evaluate the sea transportation; ‘‘(c) COORDINATION.—Coordination under ability of Federal programs to meet the (2) the regional differences in the use of subsection (b)(2) may include— training needs of United States mariners; short sea transportation; ‘‘(1) activities that are associated with the (5) include recommendations to enhance (3) the existing programs established at development or approval of validation and the capabilities of the United States mari- coastal and Great Lakes ports for estab- testing regimes; and time training infrastructure; and lishing awareness of deep sea shipping oper- ‘‘(2) certification or validation of emerging (6) include recommendations to assist ations; technologies or practices that demonstrate United States mariners and those entering (4) the mechanisms necessary to ensure significant environmental benefits. the maritime profession to achieve the re- that implementation of a plan under sub- ‘‘(d) ASSISTANCE.—The Secretary of Trans- quired training. section (c) will not be inconsistent with anti- portation may accept gifts, or enter into co- (c) FINAL REPORT.—Not later than 1 year trust laws; and operative agreements, contracts, or other after the date of enactment of this title, the (5) the potential frequency of container-on- agreements with academic, public, private, Comptroller General shall submit a report on barge service at short sea transportation and non-governmental entities to carry out the results of the study to the Committee on ports. the activities authorized under subsection Commerce, Science, and Transportation of (a).’’. (c) RECOMMENDATIONS.—The assessment the Senate and the Committee on Transpor- (b) CONFORMING AMENDMENT.—The table of under subsection (a) may include rec- tation and Infrastructure of the House of contents for chapter 503 of title 46, United ommendations for a plan to increase aware- Representatives. States Code, is amended by inserting after ness of the potential for use of container-on- SEC. 3507. MARITIME ADMINISTRATION VESSEL the item relating to section 50306 the fol- barge transportation. RECYCLING CONTRACT AWARD lowing: PRACTICES. (d) DEADLINE.—Not later than 180 days (a) IN GENERAL.—Not later than 12 months after the date of enactment of this title, the ‘‘50307. Maritime environmental and tech- after the date of enactment of this title, the Administrator shall submit the assessment nical assistance.’’. Comptroller General of the Government Ac- required under this section to the Committee SEC. 3505. IDENTIFICATION OF ACTIONS TO EN- countability Office shall conduct an assess- on Commerce, Science, and Transportation ABLE QUALIFIED UNITED STATES FLAG CAPACITY TO MEET NATIONAL ment of the source selection procedures and of the Senate and the Committee on Trans- DEFENSE REQUIREMENTS. practices used to award the Maritime Ad- portation and Infrastructure of the House of Section 501(b) of title 46, United States ministration’s National Defense Reserve Representatives. Code, is amended— Fleet vessel recycling contracts. The Comp- SEC. 3503. SHORT SEA TRANSPORTATION. (1) by striking ‘‘When the head’’ and in- troller General shall assess the process, pro- (a) PURPOSE.—Section 55601 of title 46, serting the following: cedures, and practices used for the Maritime United States Code, is amended— ‘‘(1) IN GENERAL.—When the head’’; and Administration’s qualification of vessel re- (1) in subsection (a), by striking ‘‘landside (2) by adding at the end the following: cycling facilities. The Comptroller General congestion.’’ and inserting ‘‘landside conges- ‘‘(2) DETERMINATIONS.—The Maritime Ad- shall report the findings to the Committee tion or to promote short sea transpor- ministrator shall— on Commerce, Science, and Transportation tation.’’; ‘‘(A) for each determination referred to in and the Committee on Armed Services of the (2) in subsection (c), by striking ‘‘coastal paragraph (1), identify any actions that Senate, and the Committee on Transpor- corridors’’ and inserting ‘‘coastal corridors could be taken to enable qualified United tation and Infrastructure and the Committee or to promote short sea transportation’’; States flag capacity to meet national de- on Armed Services of the House of Rep- (3) in subsection (d), by striking ‘‘that the fense requirements; resentatives. project may’’ and all that follows through ‘‘(B) provide notice of each such deter- (b) ASSESSMENT.—The assessment under the end of the subsection and inserting ‘‘that mination to the Secretary of Transportation subsection (a) shall include a review of the project uses documented vessels and— and the head of the agency referred to in whether the Maritime Administration’s con- ‘‘(1) mitigates landside congestion; or paragraph (1) for which the determination is tract source selection procedures and prac- ‘‘(2) promotes short sea transportation.’’; made; and tices are consistent with law, the Federal and ‘‘(C) publish each such determination on Acquisition Regulations (FAR), and Federal (4) in subsection (f), by striking ‘‘shall’’ the Internet Web site of the Department of best practices associated with making source each place it appears and inserting ‘‘may’’. Transportation not later than 48 hours after selection decisions. (b) DOCUMENTATION.—Section 55605 of title notice of the determination is provided to (c) CONSIDERATIONS.—In making the assess- 46, United States Code, is amended in the the Secretary of Transportation. ment under subsection (a), the Comptroller

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.051 S27NOPT1 jbell on DSK7SPTVN1PROD with S6972 CONGRESSIONAL RECORD — SENATE November 27, 2012 General may consider any other aspect of ‘‘(A) in the case of a State with fewer than requirements of section 1144A of title 10, the Maritime Administration’s vessel recy- 5,000 members of the Army National Guard United States Code, as added by subsection cling process that the Comptroller General of the United States and the Air National (a)(1). deems appropriate to review. Guard of the United States residing in the SEC. 3508. REQUIREMENT FOR BARGE DESIGN. State, not less than one Transition Assist- SA 2998. Ms. AYOTTE (for herself, Not later than 270 days after the date of ance Advisor; and Mr. INHOFE, and Mr. CHAMBLISS) sub- enactment of this title, the Administrator of ‘‘(B) in the case of a State with 5,000 or mitted an amendment intended to be the Maritime Administration shall complete more members of the Army National Guard proposed by her to the bill S. 3254, to the design for a containerized, articulated of the United States and the Air National authorize appropriations for fiscal year barge, as identified in the dual-use vessel Guard of the United States who reside in 2013 for military activities of the De- such State, not less than one Transition As- study carried out by the Administrator and partment of Defense, for military con- the Secretary of Defense, that is able to uti- sistance Advisor for each 1,500 members of lize roll-on/roll-off or load-on/load-off tech- the Army National Guard of the United struction, and for defense activities of nology in marine highway maritime com- States and the Air National Guard of the the Department of Energy, to prescribe merce. United States who reside in such State. military personnel strengths for such SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS ‘‘(c) DUTIES.—The duties of a Transition fiscal year, and for other purposes; TRAINING EQUIPMENT. Assistance Advisor includes the following: which was ordered to lie on the table; Section 51103(b)(2)(C) of title 46, United ‘‘(1) To assist with the creation and execu- as follows: tion of individual transition plans for mem- States Code, is amended by inserting ‘‘or a At the end of subtitle D of title X, add the bers of the National Guard described in sub- training institution that is an instrumen- following: tality of a State, Territory, or Common- section (d)(2) and their families for the re- integration of such members into civilian SEC. 1032. PROHIBITION ON USE OF FUNDS FOR wealth of the United States or District of Co- THE TRANSFER OR RELEASE OF IN- lumbia or a unit of local government there- life. DIVIDUALS FROM UNITED STATES of’’ after ‘‘a non-profit training institution’’. ‘‘(2) To provide employment support serv- NAVAL STATION, GUANTANAMO BAY, ices to members of the National Guard and CUBA. SA 2997. Mr. CASEY (for himself and their families, including assistance with dis- None of the funds authorized to be appro- Mr. BLUMENTHAL) submitted an amend- covering employment opportunities and priated by this Act for fiscal year 2013 may ment intended to be proposed by him identifying and obtaining assistance from be used to transfer, release, or assist in the programs within and outside of the Federal to the bill S. 3254, to authorize appro- transfer or release to or within the United Government. States, its territories, or possessions of priations for fiscal year 2013 for mili- ‘‘(3) Provide information on relocation, Khalid Sheikh Mohammed or any other de- tary activities of the Department of health care, mental health care, and finan- tainee who— Defense, for military construction, and cial support services available to members of (1) is not a United States citizen or a mem- for defense activities of the Depart- the National Guard or their families from ber of the Armed Forces of the United ment of Energy, to prescribe military the Department of Defense, the Department States; and personnel strengths for such fiscal of Veterans Affairs, and other Federal, (2) is or was held on or after January 20, year, and for other purposes; which was State, and local agencies. 2009, at United States Naval Station, Guan- ‘‘(4) Provide information on educational ordered to lie on the table; as follows: tanamo Bay, Cuba, by the Department of De- support services available to members of the fense. At the end of subtitle E of title X, add the National Guard, including Post-9/11 Edu- following: cational Assistance under chapter 33 of title SA 2999. Ms. AYOTTE (for herself, SEC. 1048. TRANSITION ASSISTANCE ADVISOR 38. Mr. LIEBERMAN, Mr. INHOFE, and Mr. PROGRAM. ‘‘(d) TRANSITION PLANS.—(1) Each indi- CHAMBLISS) submitted an amendment (a) PROGRAM AUTHORIZED.— vidual plan created under subsection (c)(1) intended to be proposed by her to the (1) IN GENERAL.—Chapter 58 of title 10, for a member of the National Guard de- United States Code, is amended by inserting scribed in paragraph (2) shall include the fol- bill S. 3254, to authorize appropriations after section 1144 the following new section: lowing: for fiscal year 2013 for military activi- ‘‘§ 1144A. Transition Assistance Advisors ‘‘(A) A plan for the transition of the mem- ties of the Department of Defense, for ‘‘(a) IN GENERAL.—The Secretary of De- ber to life in the civilian world, including military construction, and for defense fense shall establish as part of the Transi- with respect to employment, education, and activities of the Department of Energy, tion Assistance Program (TAP) a Transition health care. to prescribe military personnel Assistance Advisor (TAA) program to pro- ‘‘(B) A description of the transition serv- strengths for such fiscal year, and for vide professionals in each State to serve as ices that the member and the member’s fam- other purposes; which was ordered to ily will need to achieve their transition ob- statewide points of contact to assist mem- lie on the table; as follows: bers of the armed forces in accessing benefits jectives, including information on any forms At the end of subtitle D of title X, add the and health care furnished under laws admin- that such member will need to fill out to be following: istered by the Secretary of Defense and bene- eligible for such services. fits and health care furnished under laws ad- ‘‘(C) A point of contact for each agency or SEC. 1032. PLAN FOR LONG-TERM DETENTION FA- CILITY OUTSIDE THE UNITED ministered by the Secretary of Veterans Af- entity that can provide the transition serv- ices described in subparagraph (B). STATES FOR DETENTION OF INDI- fairs. VIDUALS DETAINED IN THE GLOBAL ‘‘(b) NUMBER OF ADVISORS.—The Secretary ‘‘(2) A member of the National Guard de- WAR ON TERRORISM. of Defense shall ensure that the minimum scribed in this paragraph is any member of (a) PLAN REQUIRED.—Not later than 60 days number of Transition Assistance Advisors in the National Guard who has served on active after the date of the enactment of this Act, each State is as follows: duty in the armed forces for a period of more the Secretary of Defense and the Director of ‘‘(1) During the period beginning 180 days than 180 days. National Intelligence shall jointly submit to before the commencement of a contingency ‘‘(e) STATE DEFINED.—In this section, the the appropriate committees of Congress a operation (or, if later, as soon before as is term ‘State’ means each of the several plan for the identification or establishment otherwise practicable) and ending 180 days States of the United States, the District of of a facility outside the United States as the after the conclusion of such contingency op- Columbia, and any territory of the United location for the long-term detention by the eration— States. United States, consistent with the laws of ‘‘(A) in the case of a State with fewer than ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— war, of foreign members of al Qaeda and as- 1,500 members of the Army National Guard There is authorized to be appropriated to the sociated forces who are captured outside Af- of the United States and the Air National Secretary to carry out this section— ghanistan. The location of the long-term de- Guard of the United States residing in the ‘‘(1) $10,000,000 for fiscal year 2013; and tention shall be identified or established by State, not less than one Transition Assist- ‘‘(2) such sums as may be necessary for not later than 180 days after the date of the ance Advisor; and each fiscal year thereafter.’’. enactment of this Act. ‘‘(B) in the case of a State with 1,500 or (2) CLERICAL AMENDMENT.—The table of (b) APPROPRIATE COMMITTEES OF CONGRESS more members of the Army National Guard sections at the beginning of chapter 58 of DEFINED.—In this section, the term ‘‘appro- of the United States and the Air National such title is amended by inserting after the priate committees of Congress’’ means— Guard of the United States who reside in item relating to section 1144 the following (1) the Committee on Armed Services, the such State, not less than one Transition As- new item: Committee on Appropriations, and the Se- sistance Advisor for each 1,500 members of ‘‘1144A. Transition Assistance Advisors.’’. lect Committee on Intelligence of the Sen- the Army National Guard of the United (b) REPORT.—Not later than 90 days after ate; and States and the Air National Guard of the the date of the enactment of this Act, the (2) the Committee on Armed Services, the United States who reside in such State. Secretary of Defense shall submit to Con- Committee on Appropriations, and the Per- ‘‘(2) At any time not covered by paragraph gress a report setting forth a description of manent Select Committee on Intelligence of (1)— the efforts of the Secretary to implement the the House of Representatives.

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.052 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6973 SA 3000. Mr. WICKER submitted an (B) are approved as American National SA 3004. Ms. AYOTTE (for herself, amendment intended to be proposed by Standards; or Mr. CHAMBLISS, and Mr. INHOFE) sub- him to the bill S. 3254, to authorize ap- (2) incorporate and document the use of mitted an amendment intended to be propriations for fiscal year 2013 for lifecycle assessment in the evaluation of proposed by her to the bill S. 3254, to building materials. military activities of the Department authorize appropriations for fiscal year of Defense, for military construction, SA 3003. Ms. AYOTTE (for herself, 2013 for military activities of the De- and for defense activities of the De- Mr. LIEBERMAN, and Ms. COLLINS) sub- partment of Defense, for military con- partment of Energy, to prescribe mili- mitted an amendment intended to be struction, and for defense activities of tary personnel strengths for such fiscal proposed by her to the bill S. 3254, to the Department of Energy, to prescribe year, and for other purposes; which was authorize appropriations for fiscal year military personnel strengths for such ordered to lie on the table; as follows: 2013 for military activities of the De- fiscal year, and for other purposes; At the end of subtitle E of title VIII, add partment of Defense, for military con- which was ordered to lie on the table; the following: struction, and for defense activities of as follows: SEC. 888. ASSESSMENT OF EFFECTS OF FOREIGN the Department of Energy, to prescribe At the end of subtitle D of title X, insert BOYCOTTS ON INDUSTRIAL BASE. military personnel strengths for such the following: Section 2505 of title 10, United States Code, fiscal year, and for other purposes; is amended— SEC. 1032. REQUIRED NOTIFICATION OF CON- (1) by redesignating subsection (d) as sub- which was ordered to lie on the table; GRESS WITH RESPECT TO THE INI- as follows: TIAL CUSTODY AND FURTHER DIS- section (e); and POSITION OF MEMBERS AL-QAEDA (2) by inserting after subsection (c) the fol- At the end of subtitle C of title II, add the AND ASSOCIATED FORCES. lowing new subsection (d): following: (a) REQUIRED NOTIFICATION WITH RESPECT ‘‘(d) ASSESSMENT OF EXTENT OF EFFECTS OF SEC. 238. MISSILE DEFENSE SITE ON THE EAST TO INITIAL CUSTODY.— FOREIGN BOYCOTTS.—Each assessment under COAST OF THE UNITED STATES. (1) IN GENERAL.—When a covered person, as subsection (a) shall include a separate dis- (a) CONSIDERATION OF LOCATION.— defined in section 1022(a)(2) of the National cussion and presentation regarding the ex- (1) STUDY.—Not later than December 31, Defense Authorization Act for Fiscal Year tent to which the national technology and 2013, the Secretary of Defense shall conduct 2012 (Public Law 112–81; 10 U.S.C. 801 note), is industrial base is affected by foreign boy- a study evaluating three possible locations taken into the custody of the United States cotts. The discussion and presentation re- selected by the Director of the Missile De- Government, the Secretary of Defense and garding foreign boycotts shall— fense Agency for a covered missile defense the Director of National Intelligence shall ‘‘(1) identify sectors of the national tech- site on the East Coast of the United States. notify the specified congressional commit- nology and industrial base being affected by (2) EIS.—The Secretary shall prepare an tees, as defined in subsection (c), within 10 foreign boycotts; environmental impact statement in accord- days. ‘‘(2) assess the harm to the national tech- ance with the National Environmental Pol- (2) REPORTING REQUIREMENT.—The notifica- nology and industrial base as a result of such icy Act of 1969 (42 U.S.C. 4321 et seq.) for each tion submitted pursuant to paragraph (1) boycotts; and location evaluated under paragraph (1). shall include, at a minimum, the suspect’s ‘‘(3) identify actions necessary to minimize (3) LOCATION.—In selecting the three pos- name, nationality, date of capture or trans- the effects of foreign boycotts on the na- sible locations for a covered missile defense fer to the United States, location of capture, tional technology and industrial base.’’. site under paragraph (1), the Secretary should— places of custody since capture or transfer, SA 3001. Mr. WICKER submitted an (A) take into consideration— suspected terrorist affiliation and activities, and agency responsible for interrogation. amendment intended to be proposed by (i) the strategic location of the proposed (b) REQUIRED NOTIFICATION WITH RESPECT him to the bill S. 3254, to authorize ap- site; and TO FURTHER DISPOSITION.— propriations for fiscal year 2013 for (ii) the proximity of the proposed site to major population centers; and (1) IN GENERAL.—Not later than 10 days military activities of the Department (B) give priority to a proposed site that— after the United States Government makes a of Defense, for military construction, (i) is operated or supported by the Depart- determination regarding the intended dis- and for defense activities of the De- ment of Defense; position of a covered person under section partment of Energy, to prescribe mili- (ii) lacks encroachment issues; and 1021(c) of the National Defense Authorization tary personnel strengths for such fiscal (iii) has a controlled airspace. Act for Fiscal Year 2012 (10 U.S.C. 801 note), year, and for other purposes; which was (b) PLAN.— the Secretary of Defense and the Director of National Intelligence shall notify and inform ordered to lie on the table; as follows: (1) IN GENERAL.—The Director of the Mis- sile Defense Agency shall develop a plan to the specified congressional committees of On page 550, beginning on line 15, strike ‘‘; deploy an appropriate missile defense inter- the intended disposition of the covered per- and’’ and all that follows through line 16 and ceptor for a missile defense site on the East son. insert the following: ‘‘; Coast. (2) REPORTING REQUIREMENT.—The notifica- (2) by inserting ‘‘or fiscal year 2013’’ after (2) MATTERS INCLUDED.—In developing the tion submitted pursuant to paragraph (1) ‘‘fiscal year 2012’’; and plan under paragraph (1), the Director— shall include the relevant facts, justifica- (3) by inserting before the period at the end (A) shall evaluate the use of— tion, and rationale that serves as the basis the (i) two-stage or three-stage Ground-Based for the disposition option chosen. Interceptors (GBIs); (c) SPECIFIED CONGRESSIONAL COMMIT- Mr. WICKER submitted an SA 3002. (ii) Standard Missile-3 interceptors, includ- TEES.—In this section, the term ‘‘specified amendment intended to be proposed by ing block IA, block IB, and for a later de- congressional committees’’ means— him to the bill S. 3254, to authorize ap- ployment, block IIA or block IIB intercep- (1) the Committee on Armed Services of propriations for fiscal year 2013 for tors; and the Senate; military activities of the Department (iii) any other system the Director deter- (2) the Committee on Armed Services of of Defense, for military construction, mines to be better suited to defend against the House of Representatives; and for defense activities of the De- future long-range missile threats; (3) the Select Committee on Intelligence of partment of Energy, to prescribe mili- (B) should consider both land and sea-based the Senate; and options; and (4) the Permanent Select Committee on In- tary personnel strengths for such fiscal (C) shall develop cost estimates for each telligence of the House of Representatives. year, and for other purposes; which was option considered. (d) EFFECTIVE DATE.—This section shall ordered to lie on the table; as follows: (3) SUBMITTAL.—The plan shall be sub- take effect 60 days after the date of the en- At the end of subtitle C of title XXVIII, mitted to Congress together with the budget actment of this Act, and shall apply with re- add the following: of the President for fiscal year 2014, as sub- spect to persons described in section SEC. 2824. PROHIBITION ON USE OF FUNDS FOR mitted to Congress under section 1105(a) of 1022(a)(2) of the National Defense Authoriza- IMPLEMENTATION OF CERTAIN title 31, United States Code. tion Act for Fiscal Year 2012 who are taken GREEN BUILDING STANDARDS. (c) COVERED MISSILE DEFENSE SITE DE- into the custody or brought under the con- No funds authorized to be appropriated by FINED.—In this section, the term ‘‘covered trol of the United States on or after that this Act or otherwise made available for the missile defense site’’ means a missile defense date. Department of Defense for fiscal year 2013 site that uses— may be obligated or expended to implement (1) Ground-Based Interceptors; Ms. AYOTTE (for herself, or use green building rating standards unless (2) Standard Missile-3 interceptors; or SA 3005. the standards— (3) any other system the Director of the Mr. CHAMBLISS, and Mr. INHOFE) sub- (1)(A) are developed in accordance with Missile Defense Agency determines to be bet- mitted an amendment intended to be rules accredited by the American National ter suited to defend against future long- proposed by her to the bill S. 3254, to Standards Institute; and range missile threats. authorize appropriations for fiscal year

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.053 S27NOPT1 jbell on DSK7SPTVN1PROD with S6974 CONGRESSIONAL RECORD — SENATE November 27, 2012 2013 for military activities of the De- asserted that the Department of Defense (v) by inserting after subparagraph (B), as partment of Defense, for military con- would close military installations using non- so redesignated, the following new subpara- struction, and for defense activities of BRAC authorities, stating that ‘‘if Congress graph: does not authorize additional BRAC rounds ‘‘(C) a description of the alternatives con- the Department of Energy, to prescribe the department will be forced to use its ex- sidered;’’; military personnel strengths for such isting authorities to begin to realign and (vi) in clause (ii) of subparagraph (D), as so fiscal year, and for other purposes; close bases’’. redesignated, by striking ‘‘; and’’ and insert- which was ordered to lie on the table; (7) The Department of Defense may close ing a semicolon; and as follows: or realign bases only if a round of defense (vii) by inserting after subparagraph (D), At the end of subtitle D of title X, add the base closure and realignment is carried out as so redesignated, the following new sub- following: in compliance with sections 2687 and 993 of paragraphs: title 10, United States Code. ‘‘(E) an estimate of the number of mili- SEC. 1032. PROHIBITION ON USE OF FUNDS TO PURCHASE FACILITIES IN THE (8) Section 2687 of title 10, United States tary, civilian, and contractor personnel af- UNITED STATES TO HOUSE DETAIN- Code, contains ambiguous language, leading fected by the proposed action; and EES TRANSFERRED FROM UNITED the Department of Defense to pursue signifi- ‘‘(F) a plan to provide support for affected STATES NAVAL STATION, GUANTA- cant closures and realignments without con- communities; and’’; and NAMO BAY, CUBA. gressional approval or an authorization for a (C) by amending paragraph (2) to read as (a) PROHIBITION.—Subsection (a) of section round of defense base closure and realign- follows: 1026 of the National Defense Authorization ment. ‘‘(2) Congress has enacted legislation ex- Act for Fiscal Year 2012, as amended by sec- (9) Sections 2687 and 993 of title 10, United pressly authorizing the action.’’; tion 1031(a) of this Act, is further amended States Code, contain single action limits on (3) in subsection (c)— by striking ‘‘or modify’’ and inserting ‘‘, reductions that are too easily circumvented (A) by striking ‘‘shall not apply to the clo- modify, or purchase’’. by cumulative actions. sure’’ and inserting the following: ‘‘shall not (b) FUNDS COVERED BY PROHIBITION.—Such (10) As demonstrated by BRAC and other apply— subsection is further amended by striking closure and realignment actions, base clo- ‘‘(1) to the closure’’; ‘‘to the Department of Defense’’. sures and realignments can have significant (B) by striking ‘‘or a military emergency.’’ (c) CONFORMING AMENDMENT.—The heading effects on Department of Defense functions, and inserting ‘‘or a military emergency; or’’; of such section 1026 is amended by striking current and future operational capabilities, and ‘‘OR MODIFY’’ and inserting ‘‘, MODIFY, OR and on host communities and States. (C) by adding at the end the following new PURCHASE’’. (11) Recommendations for closures and re- paragraph: (d) EFFECTIVE DATE.—The amendments alignments should be carried out only with ‘‘(2) to the relocation from a military in- made by this section shall take effect on the the consent of Congress, which has the con- stallation of personnel or functions that are date of the enactment of this Act. stitutional responsibility to ‘‘raise and sup- required to support the deployment of mem- port Armies,’’ ‘‘provide and maintain a bers of the armed forces, provided that such SA 3006. Ms. SNOWE (for herself, and Navy,’’ ‘‘make Rules for the Government and personnel and functions are returned to the Mr. BEGICH,) submitted an amendment Regulation of the land and naval Forces,’’ military installation after the deployment.’’; intended to be proposed by her to the and ‘‘provide for organizing, arming, and dis- (4) in subsection (d), by striking ‘‘(1) After ciplining, the Militia, and for governing such bill S. 3254, to authorize appropriations the expiration’’ and all that follows through Part of them as may be employed in the ‘‘(2) Nothing in this section’’ and inserting for fiscal year 2013 for military activi- Service of the United States’’. ‘‘Nothing in this section’’; ties of the Department of Defense, for (b) LIMITATIONS ON BASE CLOSURE AND RE- (5) in subsection (e)— military construction, and for defense ALIGNMENT ACTIVITIES.—Section 2687 of title 10, United States Code, is amended— (A) in paragraph (1), by inserting ‘‘and any activities of the Department of Energy, public land under Bureau of Land Manage- to prescribe military personnel (1) in subsection (a)— (A) in paragraph (1), by striking ‘‘at which ment control that is withdrawn and reserved strengths for such fiscal year, and for at least 300 civilian personnel are authorized for military training and testing’’ after ‘‘in- other purposes; which was ordered to to be employed’’; cluding any leased facility’’; lie on the table; as follows: (B) by amending paragraph (2) to read as (B) by amending paragraph (3) to read as follows: Beginning on page 542, strike line 3 and all follows: ‘‘(3) The term ‘realignment’ includes any that follows through page 543, line 2, and in- ‘‘(2) any realignment with respect to any action or combination of actions within a 4- sert the following: military installation involving a reduction in the number of military and civilian per- year period that reduces or relocates func- SEC. 2704. LIMITATIONS ON BASE CLOSURE AND tions and military or civilian personnel posi- REALIGNMENT ACTIVITIES AND CRI- sonnel authorized to be employed at such TERIA FOR CERTAIN DECISIONS IN- military installation at the time the Sec- tions, but does not include a reduction in VOLVING SUCH ACTIVITIES. retary of Defense notifies Congress under force resulting from a reduction in military (a) FINDINGS.—Congress makes the fol- subsection (b) of the Secretary’s proposal to end strength levels or a reduction in total ci- lowing findings: close or realign such installation by more vilian personnel levels.’’; (1) In 2012, the Department of Defense re- than the lesser of— (C) by striking paragraph (4); and quested additional rounds of defense base ‘‘(A) 100; or (D) by adding at the end the following new closure and realignment in 2013 and 2015. ‘‘(B) 50 percent of the highest number of paragraph: (2) There have been five rounds of defense military and civilian personnel assigned to ‘‘(4) The term ‘closure’ includes any action base closure and realignment (BRAC) in the such installation during any of the previous or combination of actions that results in the last 25 years (1988, 1991, 1993, 1995, and 2005). 4 years; or’’; and elimination of all active functions at a mili- (3) Congress has not approved additional (C) in paragraph (3)— tary installation, the elimination of all mili- rounds of base closure and realignment to (i) by striking ‘‘other than a military in- tary and civilian personnel positions at a occur after 2005, and recognizes that the 2005 stallation referred to in clause (1) or (2)’’; military installation, or the placement of a round incurred substantial costs that will (ii) by inserting ‘‘military or’’ before ‘‘ci- military installation into non-active sta- not be offset by savings for nearly two dec- vilian personnel’’; and tus.’’; and ades. (iii) by striking ‘‘to which clause (1) or (2)’’ (6) by adding at the end the following new (4) According to the Government Account- and inserting ‘‘to which paragraph (1) or (2)’’; subsections: ability Office, implementation of the 2005 and ‘‘(g) For purposes of this section, the com- round of defense base closure and realign- (2) in subsection (b)— ponent bases of a joint base shall be consid- ered as independent military installations, ment cost $35,100,000,000, or approximately (A) by striking ‘‘referred to in such sub- and not collectively as a single military in- $14,100,000,000 more than was estimated by section’’; stallation. the 2005 Base Closure and Realignment Com- (B) in paragraph (1)— ‘‘(h) For purposes of this section, any mission. (i) by striking ‘‘or the Secretary of the leased space in which more than 300 com- (5) Furthermore, the Government Account- military department concerned’’; bined military and civilian personnel are ability Office has determined that the 2005 (ii) by redesignating subparagraphs (A) and housed shall be considered to be an inde- round of defense base closure and realign- (B) as subparagraphs (B) and (D), respec- pendent military installation, and shall not ment will take 17 years before taxpayers re- tively; be considered part of a larger military in- alize net savings from the round. (iii) by inserting before subparagraph (B), stallation. Functions and personnel located (6) On March 8, 2012, defending the Presi- as redesignated by clause (ii), the following at a leased space may be transferred to an- dent’s request for additional rounds of de- new subparagraph: other leased space located within 50 miles or fense base closure and realignment in testi- ‘‘(A) a justification for the proposed ac- to the nearest military installation located mony before the Committee on Armed Serv- tion;’’; within 50 miles notwithstanding any limita- ices of the House of Representatives, Dr. (iv) in subparagraph (B), as so redesig- tions in this section.’’. Dorothy Robyn, Deputy Undersecretary of nated, by striking ‘‘; and’’ and inserting a (c) CRITERIA.—Not later than March 31, Defense for Installations and Environment, semicolon; 2013, the Comptroller General of the United

VerDate Mar 15 2010 02:52 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.056 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6975 States shall submit to the congressional de- (5) On January 20, 1986, President Ronald clude any direct or indirect negotiation with fense committees a report including objec- Reagan issued National Security Decision any person or organization that — tive criteria to be used by the Department of Directive Number 207, which prohibits nego- (A) has been designated by the United Defense to make decisions relating to re- tiations with terrorist organizations regard- States, including any department or agency alignments of units employed at military in- ing the release of hostages. of the United States, as a person or organiza- stallations that are not covered by the re- (6) National Security Decision Directive tion that commits, threatens to commit, or quirements of section 2687 of title 10, United 207 sets forth in unequivocal terms the supports terrorism; States Code, and closures of military instal- United States’ ‘‘firm opposition to terrorism (B) has engaged in any activity that would lations that are not covered by such require- in all its forms’’ and makes clear the govern- render the person or the organization inad- ments. ment’s ‘‘conviction that to accede to ter- missible under section 212(a)(3)(B) of the Im- (d) ONE-YEAR MORATORIUM ON CERTAIN AC- rorist demands places more American citi- migration and Nationality Act (8 U.S.C. TIONS RESULTING IN PERSONNEL REDUC- zens at risk. This no-concessions policy is 1182(a)(3)(B)); or TIONS.— the best way of protecting the greatest num- (C) is part of al Qaeda or affiliated with al (1) IN GENERAL.—Except as provided in ber of people and ensuring their safety.’’ Qaeda through any council or activity. paragraph (2), no action may be taken before (7) National Security Decision Directive (b) REPORTING REQUIREMENT.— October 1, 2013, that would result in a mili- 207 continues to say: ‘‘The [United States (1) INITIAL REPORT.—Not later than 60 days tary installation covered under paragraph (1) Government] will pay no ransoms, nor per- after the date of the date of the enactment of of section 2687(a) of title 10, United States mit releases of prisoners or agree to other this Act, the Secretary of Defense and the Code, to no longer be covered by such para- conditions that could serve to encourage ad- Secretary of State shall submit to the appro- graph. ditional terrorism. We will make no changes priate congressional committees a report (2) NATIONAL SECURITY WAIVER.—The Sec- in our policy because of terrorist threats or that identifies any instance within the pre- retary of Defense may waive the prohibition acts.’’ vious 300 days in which the United States en- under paragraph (1) if the Secretary certifies (8) Department of State Publication 10217, gaged in negotiations with terrorists regard- to the congressional defense committees which was released in similar formats by the ing any person held in the custody of the that is in the national security interests of administrations of George H.W. Bush in 1991 United States or allied forces. the United States. and Bill Clinton in 1994, espouses the same (2) PERIODIC REPORTS.—If any employee, (e) RULE OF CONSTRUCTION.—Nothing in no-concessions policy and makes clear the agent, or representative of the Department this Act or the amendments made by this United States ‘‘will not support the freeing of Defense or the Department of State en- Act may be construed to authorize a round of prisoners from incarceration in response gages in, authorizes, or cooperates in any of defense base closure and realignment. to terrorist demands’’. way with negotiations with terrorists re- (f) PROHIBITION ON USE OF FUNDS.—None of (9) On April 4, 2002, President George W. garding any person held in the custody of the the amounts authorized to be appropriated Bush said, ‘‘Terror must be stopped. No na- United States or allied forces, the Secretary by this Act may be obligated or expended to tion can negotiate with terrorists, for there of Defense or the Secretary of State, as the consider a round of defense base closure and is no way to make peace with those whose case may be, shall submit a report to the ap- realignment. only goal is death.’’ propriate committees of Congress within 30 (10) Secretary of State Hillary Clinton, days. SA 3007. Mr. SESSIONS submitted an while serving in the United States Senate, (3) CONTENT.—A report under this sub- amendment intended to be proposed by wrote in 2007 that the United States ‘‘cannot section shall include all relevant facts, in- him to the bill S. 3254, to authorize ap- negotiate with individual terrorists; they cluding— propriations for fiscal year 2013 for must be hunted down and captured or (A) the name of each terrorist person or or- military activities of the Department killed’’. ganization at issue; of Defense, for military construction, (b) SENSE OF THE SENATE.—It is the sense (B) the name of any prisoner, detainee, or and for defense activities of the De- of the Senate that— hostage who was the subject of such negotia- (1) the United States Government should partment of Energy, to prescribe mili- tions; firmly maintain its longstanding policy (C) the concessions demanded or discussed tary personnel strengths for such fiscal against negotiating with terrorists and ter- during the negotiations; year, and for other purposes; which was rorist organizations on any concession or de- (D) the name of any government or third ordered to lie on the table; as follows: mand; and party involved in the negotiations; and At the end of subtitle H of title X, add the (2) any abandonment or weakening of this (E) the outcome of the negotiations. following: policy would endanger the safety of United (4) FORM.—The report shall be submitted in SEC. 1084. SENSE OF THE SENATE ON NEGOTI- States citizens, including members of the unclassified form, but may include a classi- ATING CONCESSIONS WITH TERROR- Armed Forces, and increase terrorist fied annex. ISTS. kidnappings, hostage demands, and murders. (a) FINDINGS.—The Senate makes the fol- SA 3009. Mr. SESSIONS submitted an lowing findings: SA 3008. Mr. SESSIONS submitted an amendment intended to be proposed by (1) The United States has a longstanding amendment intended to be proposed by him to the bill S. 3254, to authorize ap- policy of opposing negotiations with terror- him to the bill S. 3254, to authorize ap- propriations for fiscal year 2013 for ists and terrorist organizations on conces- propriations for fiscal year 2013 for military activities of the Department sions of any kind, including ransom de- military activities of the Department of Defense, for military construction, mands, prisoner releases, and hostage ex- of Defense, for military construction, changes. This longstanding policy has been and for defense activities of the De- repeated by numerous administrations over and for defense activities of the De- partment of Energy, to prescribe mili- the past four decades. partment of Energy, to prescribe mili- tary personnel strengths for such fiscal (2) For example, at an August 4, 1975, meet- tary personnel strengths for such fiscal year, and for other purposes; which was ing between President Gerald Ford and Sec- year, and for other purposes; which was ordered to lie on the table; as follows: retary of State Henry Kissinger and Presi- ordered to lie on the table; as follows: At the end of subtitle B of title XII, add dent of Yugoslavia Josip Tito, Secretary Kis- At the end of subtitle F of title X, add the the following: singer explained that the United States’ ‘‘po- following: SEC. 1221. CONGRESSIONAL REVIEW OF BILAT- sition is, as it has always been, that we SEC. 1064. REPORTING ON NEGOTIATIONS WITH ERAL SECURITY AGREEMENT WITH refuse to negotiate and to pay ransom in TERRORISTS. AFGHANISTAN. these cases. We do this in order not to en- (a) DEFINITIONS.—In this section: (a) FINDINGS.—Congress makes the fol- courage the capture of other Americans for (1) APPROPRIATE CONGRESSIONAL COMMIT- lowing findings: the same purpose.’’ TEES.—The term ‘‘appropriate congressional (1) The Authorization for the Use of Mili- (3) In his comments to President Tito, Sec- committees’’ means— tary Force (Public Law 107–40; 115 Stat. 224) retary Kissinger explained the basis for the (A) the Select Committee on Intelligence authorizes the President to use all necessary United States’ policy, as well as his expecta- and the Committee on Armed Services of the and appropriate force against those nations, tion that the United States would never Senate; and organizations, or persons the President de- change this no-negotiation policy: ‘‘The (B) the Permanent Select Committee on termines planned, authorized, committed, or American Government will always refuse to Intelligence and the Committee on Armed aided the terrorist attacks that occurred on negotiate because that is the only way we Services of the House of Representatives. September 11, 2001, or harbored such organi- can keep demands from being made upon (2) CONCESSION.—The term ‘‘concession’’ zations or persons, in order to prevent any us.’’ shall include any discussion or demand for future acts of international terrorism (4) In the same conversation, President payment or ransom, the withdrawal of against the United States by such nations, Ford said, ‘‘It’s our strong feeling that if we United States military or diplomatic pres- organizations, or persons. were to breach this hard line that we take ence, or the release of any prisoner or de- (2) President Barack Obama and Secretary there would be no end to the demands being tainee held by the United States. of Defense Leon Panetta have stated that made upon us. We have to be tough and that (3) NEGOTIATIONS WITH TERRORISTS.—The the United States continues to fight in Af- is right in the long run.’’ term ‘‘negotiations with terrorists’’ shall in- ghanistan to defeat the al Qaeda threat and

VerDate Mar 15 2010 02:52 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.056 S27NOPT1 jbell on DSK7SPTVN1PROD with S6976 CONGRESSIONAL RECORD — SENATE November 27, 2012 the Taliban, which harbored al Qaeda in Af- Defense shall submit to the Committees on stan, a certification that an assessment has ghanistan, where the attacks of September Armed Services of the Senate and the House been conducted regarding the capacity, will- 11, 2001, were planned and where the of Representatives a notice of the detention. ingness, and historical track record of the attackers received training. (b) REPORT.— country for reintegrating or rehabilitating (3) On May 1, 2012, the United States en- (1) IN GENERAL.—Not later than 90 days similar individuals. tered into the ‘‘Enduring Strategic Partner- after the date of the enactment of this Act, (4) In the case of the proposed transfer of ship Agreement Between the United States the Secretary of Defense shall submit to the such an individual to the custody of the gov- of America and the Islamic Republic of Af- Committees on Armed Services of the Senate ernment of Afghanistan for prosecution or ghanistan’’, which establishes an enduring and the House of Representatives a report on detention, a certification that an assessment strategic partnership between the United the use of naval vessels for the detention has been conducted regarding the capacity, States and the Islamic Republic of Afghani- outside the United States of any individual willingness, and historical track record of stan. who is captured pursuant to the Authoriza- Afghanistan to prosecute or detain long- (4) The Agreement reaffirms the presence tion for Use of Military Force. Such report term such individuals. and operations of United States Armed shall include— (c) APPROPRIATE CONGRESSIONAL COMMIT- Forces in Afghanistan, and establishes long- (A) procedures and any limitations on de- TEES DEFINED.—In this section, the term term commitments between the two coun- taining such individuals at sea on board ‘‘appropriate congressional committees’’ tries, including the continued commitment United States naval vessels; means the Committee on Armed Services of United States forces and political and fi- (B) an assessment of any force protection and the Committee on Foreign Affairs of the nancial support to the Government of Af- issues associated with detaining such indi- House of Representatives and the Committee ghanistan. viduals on such vessels; on Armed Services and the Committee on (5) The Agreement also commits the (C) an assessment of the likely effect of Foreign Relations of the Senate. United States to establishing a long-term Bi- such detentions on the original mission of lateral Security Agreement, with the goal of the naval vessel; and SA 3012. Mr. SESSIONS submitted an concluding a Bilateral Security Agreement (D) any restrictions on long-term deten- amendment intended to be proposed by within one year to supersede the present tion of individuals on United States naval him to the bill S. 3254, to authorize ap- Status of Forces agreements with the Is- vessels. propriations for fiscal year 2013 for lamic Republic of Afghanistan. (2) FORM OF REPORT.—The report required military activities of the Department (6) Congress was not consulted regarding under paragraph (1) shall be submitted in un- of Defense, for military construction, the framework or substance of the Agree- classified form, but may contain a classified ment. annex. and for defense activities of the De- (7) In the past, Congress has been con- partment of Energy, to prescribe mili- sulted, and, in some cases, has provided its SA 3011. Mr. SESSIONS submitted an tary personnel strengths for such fiscal advice and consent to ratification of such amendment intended to be proposed by year, and for other purposes; which was agreements, including those where the use of him to the bill S. 3254, to authorize ap- ordered to lie on the table; as follows: force was not authorized nor required in the propriations for fiscal year 2013 for At the end of subtitle D of title X, add the country. military activities of the Department following: (b) NOTIFICATION REQUIREMENT.—Not later SEC. 1032. PROHIBITION ON USE OF FUNDS FOR than 30 days before entering into any Bilat- of Defense, for military construction, and for defense activities of the De- THE TRANSFER OR RELEASE OF IN- eral Security Agreement or other agreement DIVIDUALS DETAINED AT UNITED with the Islamic Republic of Afghanistan partment of Energy, to prescribe mili- STATES NAVAL STATION, GUANTA- that will affect the Status of Forces agree- tary personnel strengths for such fiscal NAMO BAY, CUBA. ments and long-term commitments between year, and for other purposes; which was None of the funds authorized to be appro- the United States and the Islamic Republic ordered to lie on the table; as follows: priated by this Act for fiscal year 2013 may of Afghanistan, the President shall submit be used to transfer, release, or assist in the At the end of subtitle D of title X, add the the agreement to the appropriate congres- transfer or release to or within the United following: sional committees for review. If the Presi- States, its territories, or possessions of dent fails to comply with such requirement, SEC. 1032. NOTICE REQUIRED PRIOR TO TRANS- Khalid Sheikh Mohammed or any other de- FER OF CERTAIN INDIVIDUALS DE- 50 percent of the unobligated balance of the TAINED AT THE DETENTION FACIL- tainee who— amounts appropriated or otherwise made ITY AT PARWAN, AFGHANISTAN. (1) is not a United States citizen or a mem- available for the Executive Office of the (a) NOTICE REQUIRED.—The Secretary of ber of the Armed Forces of the United President shall be withheld. Defense shall submit to the appropriate con- States; and (c) APPROPRIATE CONGRESSIONAL COMMIT- gressional committees notice in writing of (2) is or was held on or after January 20, TEES DEFINED.—In this section, the term the proposed transfer of any individual de- 2009, at United States Naval Station, Guan- ‘‘appropriate congressional committees’’ tained pursuant to the Authorization for Use tanamo Bay, Cuba, by the Department of De- means— of Military Force (Public Law 107–40; 50 fense. (1) the Committee on Armed Services and U.S.C. 1541 note) who is a national of a coun- the Committee on Foreign Relations of the try other than the United States or Afghani- SA 3013. Mr. SESSIONS submitted an Senate; and stan from detention at the Detention Facil- amendment intended to be proposed by (2) the Committee on Armed Services and ity at Parwan, Afghanistan, to the custody him to the bill S. 3254, to authorize ap- the Committee on Foreign Affairs of the of the Government of Afghanistan or of any propriations for fiscal year 2013 for House of Representatives. other country. Such notice shall be provided military activities of the Department not later than 10 days before such a transfer of Defense, for military construction, SA 3010. Mr. SESSIONS submitted an may take place. amendment intended to be proposed by and for defense activities of the De- (b) ADDITIONAL ASSESSMENTS AND CERTIFI- partment of Energy, to prescribe mili- him to the bill S. 3254, to authorize ap- CATIONS.—As part of the notice required propriations for fiscal year 2013 for under subsection (a), the Secretary shall in- tary personnel strengths for such fiscal military activities of the Department clude the following: year, and for other purposes; which was of Defense, for military construction, (1) In the case of the proposed transfer of ordered to lie on the table; as follows: and for defense activities of the De- such an individual by reason of the indi- At the end of subtitle D of title X, add the vidual being released, an assessment of the partment of Energy, to prescribe mili- following: threat posed by the individual and the secu- SEC. 1032. MILITARY CUSTODY FOR NON-UNITED tary personnel strengths for such fiscal rity environment of the country to which STATES CITIZEN MEMBERS OF AL- year, and for other purposes; which was the individual is to be transferred. QAEDA AND AFFILIATED ENTITIES. ordered to lie on the table; as follows: (2) In the case of the proposed transfer of (a) CUSTODY PENDING DISPOSITION UNDER At the end of subtitle D of title X, add the such an individual to a country other than LAW OF WAR.— following: Afghanistan for the purpose of the prosecu- (1) IN GENERAL.—Except as provided in tion of the individual, a certification that an paragraph (4), the Armed Forces of the SEC. 1032. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR DETENTION OF assessment has been conducted regarding the United States shall hold a person described INDIVIDUALS CAPTURED PURSUANT capacity, willingness, and historical track in paragraph (2) who is captured in the TO THE AUTHORIZATION FOR USE record of the country with respect to pros- course of hostilities authorized by the Au- OF MILITARY FORCE. ecuting similar cases, including a descrip- thorization for Use of Military Force (Public (a) NOTICE TO CONGRESS.—Not later than tion of the evidence against the individual Law 107–40) in military custody pending dis- five days after first detaining an individual that is likely to be admissible as part of the position under the law of war. who is captured pursuant to the Authoriza- prosecution. (2) COVERED PERSONS.—The requirement in tion for Use of Military Force (Public Law (3) In the case of the proposed transfer of paragraph (1) shall apply to any person 107–40; 50 U.S.C. 1541 note) on a naval vessel such an individual for reintegration or reha- whose detention is authorized by section 1021 outside the United States, the Secretary of bilitation in a country other than Afghani- of the National Defense Authorization Act

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.055 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6977 for Fiscal Year 2012 (Public Law 112–81; 125 military personnel strengths for such (2) The term ‘‘special victim offenses’’ Stat. 1562; 10 U.S.C. 801 note) who is deter- fiscal year, and for other purposes; means offenses involving allegations of any mined— which was ordered to lie on the table; of the following: (A) to be a member of, or part of, al-Qaeda as follows: (A) Child abuse. or an associated force that acts in coordina- (B) Rape, sexual assault, or forcible sod- tion with or pursuant to the direction of al- At the end of subtitle H of title X, add the omy. Qaeda; and following: (C) Domestic violence involving aggra- (B) to have participated in the course of SEC. 1084. PROTECTION OF VETERANS’ MEMO- vated assault. planning or carrying out an attack or at- RIALS. (a) TRANSPORTATION OF STOLEN MEMO- tempted attack against the United States or SA 3017. Mr. REED (for himself, Mr. RIALS.—Section 2314 of title 18, United States its coalition partners. Code, is amended by adding at the end the RUBIO, and Mrs. MCCASKILL) submitted (3) DISPOSITION UNDER LAW OF WAR.—For following: an amendment intended to be proposed purposes of this subsection, the disposition ‘‘In the case of an offense under the first by him to the bill S. 3254, to authorize of a person under the law of war has the paragraph of this section, if the goods, appropriations for fiscal year 2013 for meaning given in section 1021(c) of the Na- wares, or merchandise consist of or include a military activities of the Department tional Defense Authorization Act for Fiscal veterans’ memorial, the requirement of that Year 2012, except that no transfer otherwise of Defense, for military construction, paragraph that the goods, wares, or mer- and for defense activities of the De- described in paragraph (4) of that section chandise have a value of $5,000 or more does shall be made unless consistent with the re- not apply. In this paragraph, the term ‘vet- partment of Energy, to prescribe mili- quirements of section 1028 of the National erans’ memorial’ means a grave marker, tary personnel strengths for such fiscal Defense Authorization Act for Fiscal Year headstone, monument, or other object, in- year, and for other purposes; which was 2012 (125 Stat. 1567; 10 U.S.C. 801 note). tended to permanently honor a veteran or ordered to lie on the table; as follows: (4) WAIVER FOR NATIONAL SECURITY.—The mark a veteran’s grave, or any monument At the end of subtitle A of title VII, add Secretary of Defense may, in consultation that signifies an event of national military the following: with the Secretary of State and the Director historical significance.’’. of National Intelligence, waive, on a case-by- SEC. 704. COST-SHARING RATES FOR THE PHAR- (b) SALE OR RECEIPT OF STOLEN MEMO- MACY BENEFITS PROGRAM OF THE case basis, the requirement of paragraph (1) RIALS.—Section 2315 of such title is amended TRICARE PROGRAM. if the Secretary of Defense submits to Con- by adding at the end the following: (a) IN GENERAL.—Section 1074g(a)(6) of title gress a certification in writing that such a ‘‘In the case of an offense under the first 10, United States Code, is amended— waiver in the particular case is in the na- paragraph of this section, if the goods, (1) by striking subparagraph (A) and in- wares, or merchandise consist of or include a tional security interests of the United serting the following new sub paragraph (A): States. veterans’ memorial, the requirement of that ‘‘(A) The Secretary, in the regulations pre- (b) INAPPLICABILITY TO UNITED STATES CITI- paragraph that the goods, wares, or mer- scribed under subsection (h), shall establish ZENS.—The requirement to detain a person in chandise have a value of $5,000 or more does cost-sharing requirements under the phar- military custody under this section does not not apply. In this paragraph, the term ‘vet- macy benefits program. In accordance with extend to citizens of the United States. erans’ memorial’ means a grave marker, subparagraph (C), such cost-sharing require- (c) EFFECTIVE DATE.—This section shall headstone, monument, or other object, in- ments shall consist of the following: take effect on the date of the enactment of tended to permanently honor a veteran or ‘‘(i) With respect to each supply of a pre- this Act, and shall apply with respect to per- mark a veteran’s grave, or any monument scription covering not more than 30 days sons described in subsection (a)(2) who are that signifies an event of national military that is obtained by a covered beneficiary taken into the custody or brought under the historical significance.’’. control of the United States on or after ef- under the TRICARE retail pharmacy pro- fective date. SA 3016. Mrs. GILLIBRAND (for her- gram— ‘‘(I) in the case of generic agents, $5; self, Ms. COLLINS, and Ms. SNOWE) sub- ‘‘(II) in the case of formulary agents, $17; SA 3014. Mr. REED submitted an mitted an amendment intended to be amendment intended to be proposed by and proposed by her to the bill S. 3254, to ‘‘(III) in the case of nonformulary agents, him to the bill S. 3254, to authorize ap- authorize appropriations for fiscal year propriations for fiscal year 2013 for $44. 2013 for military activities of the De- ‘‘(ii) With respect to each supply of a pre- military activities of the Department partment of Defense, for military con- scription covering not more than 90 days of Defense, for military construction, struction, and for defense activities of that is obtained by a covered beneficiary and for defense activities of the De- the Department of Energy, to prescribe under the national mail-order pharmacy pro- partment of Energy, to prescribe mili- military personnel strengths for such gram— tary personnel strengths for such fiscal ‘‘(I) in the case of generic agents, $0; fiscal year, and for other purposes; year, and for other purposes; which was ‘‘(II) in the case of formulary agents, $13; which was ordered to lie on the table; ordered to lie on the table; as follows: and as follows: ‘‘(III) in the case of nonformulary agents, At the end of subtitle E of title VI, add the On page 138, strike lines 14 through 20 and $43.’’; and following: insert the following: (2) by adding at the end the following new SEC. 655. ENFORCEMENT OF PROTECTIONS ON (8) A requirement that each Secretary of a subparagraph: CONSUMER CREDIT FOR MEMBERS OF THE ARMED FORCES AND THEIR military department establish policies that ‘‘(C)(i) Beginning October 1, 2013, the DEPENDENTS. require that each member of the Armed amount of any increase in a cost-sharing Section 987(f) of title 10, United States Forces under the jurisdiction of such Sec- amount specified in subparagraph (A) in a Code, as amended by section 653 of this Act, retary whose conviction for a covered offense year may not exceed the amount equal to is further amended by adding at the end the is final and who is not punitively discharged the percentage of such cost-sharing amount following new paragraph: from the Armed Forces in connection with at the time of such increase equal to the per- ‘‘(6) ENFORCEMENT.—The provisions of this such conviction be processed for administra- centage by which retired pay is increased section (other than paragraph (1) of this sub- tive separation from the Armed Forces, under section 1401a of this title in that year. section) shall be enforced as follows: which requirement shall not be interpreted ‘‘(ii) If the amount of the increase other- ‘‘(A) By the agencies specified in section to limit or alter the authority of such Sec- wise provided for a year by clause (i) is less 108 of the Truth in Lending Act (15 U.S.C. retary to process members of the Armed than $1, the increase shall not be made for 1607) in the manner set forth in that section Forces for administrative separation for such year, but shall be carried over to, and or as set forth under any other applicable au- other offenses or under other provisions of accumulated with, the amount of the in- thorities available to such agencies by law. law. crease for the subsequent year or years and ‘‘(B) By the attorneys general of the States (b) DEFINITIONS.—In this section: made when the aggregate amount of in- or State regulators in accordance with sec- (1) The term ‘‘covered offense’’ means the creases carried over under this clause for a tion 1042 of the Consumer Financial Protec- following: year is $1 or more.’’. tion Act (12 U.S.C. 5552).’’. (A) Rape or sexual assault under sub- (b) EFFECTIVE DATE.— section (a) or (b) of section 920 of title 10, (1) IN GENERAL.—The cost-sharing require- SA 3015. Mr. BLUMENTHAL sub- United States Code (article 120 of the Uni- ments under subparagraph (A) of section mitted an amendment intended to be form Code of Military Justice). 1074g(a)(6) of title 10, United States Code (as proposed by him to the bill S. 3254, to (B) Forcible sodomy under section 925 of amended by subsection (a)(1)), shall apply authorize appropriations for fiscal year title 10, United States Code (article 125 of the with respect to prescriptions obtained under Uniform Code of Military Justice). the TRICARE pharmacy benefits program on 2013 for military activities of the De- (C) An attempt to commit an offense speci- or after such date as the Secretary of De- partment of Defense, for military con- fied in subparagraph (A) or (B) under section fense shall specify, but not later than the struction, and for defense activities of 880 of title 10, United States Code (article 80 date that is 45 days after the date of the en- the Department of Energy, to prescribe of the Uniform Code of Military Justice). actment of this Act.

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.057 S27NOPT1 jbell on DSK7SPTVN1PROD with S6978 CONGRESSIONAL RECORD — SENATE November 27, 2012 (2) FEDERAL REGISTER.—The Secretary Mr. PAUL, Mr. LAUTENBERG, Mrs. GILLI- low in her office, be granted floor privi- shall publish notice of the effective date of BRAND, and Mr. KIRK) submitted an leges for the remainder of the 112th the cost-sharing requirements specified amendment intended to be proposed by Congress. under paragraph (1) in the Federal Register. her to the bill S. 3254, to authorize ap- The PRESIDING OFFICER. Without SEC. 705. PILOT PROGRAM ON REFILLS OF MAIN- TENANCE MEDICATIONS THROUGH propriations for fiscal year 2013 for objection, it is so ordered. THE TRICARE MAIL-ORDER PHAR- military activities of the Department f MACY PROGRAM. of Defense, for military construction, THEFT OF TRADE SECRETS (a) IN GENERAL.—The Secretary of Defense and for defense activities of the De- CLARIFICATION ACT OF 2012 shall conduct a pilot program to refill pre- partment of Energy, to prescribe mili- scription maintenance medications for each Mr. REID. Mr. President, I ask unan- TRICARE for Life beneficiary through the tary personnel strengths for such fiscal year, and for other purposes; which was imous consent that the Senate proceed national mail-order pharmacy program to the immediate consideration of S. under section 1074g(a)(2)(E)(iii) of title 10, ordered to lie on the table. United States Code. At the end of subtitle D of title X, add the 3642. (b) MEDICATIONS COVERED.— following: The PRESIDING OFFICER. The (1) DETERMINATION.—The Secretary shall SEC. 1032. PROHIBITION ON THE INDEFINITE DE- clerk will report the bill by title. determine the prescription maintenance TENTION OF CITIZENS AND LAWFUL The legislative clerk read as follows: medications included in the pilot program PERMANENT RESIDENTS. A bill (S. 3642) to clarify the scope of the under subsection (a). Section 4001 of title 18, United States Code, Economic Espionage Act of 1996. (2) SUPPLY.—In carrying out the pilot pro- is amended— There being no objection, the Senate gram, the Secretary shall ensure that the (1) by redesignating subsection (b) as sub- proceeded to consider the bill. medications included in the program are— section (c); and (A) generally available through retail (2) by inserting after subsection (a) the fol- Mr. LEAHY. Mr. President, I am pharmacies for an initial filling of a 30-day lowing: pleased that the Senate today will pass or less supply; and ‘‘(b)(1) An authorization to use military this simple, commonsense legislation (B) obtained by refill through the national force, a declaration of war, or any similar to clarify a provision of the Economic mail-order pharmacy program. authority shall not authorize the detention Espionage Act and thereby help protect (3) NO DENIAL.—In the instance when a re- without charge or trial of a citizen or lawful American businesses and American fill of such maintenance medication is not permanent resident of the United States ap- jobs. obtained through a national mail-order phar- prehended in the United States, unless an The Economic Espionage Act makes macy program, the Secretary shall ensure Act of Congress expressly authorizes such de- it a crime to, among other things, steal that beneficiaries are provided a supply at a tention. retail pharmacy for a limited period of time. ‘‘(2) Paragraph (1) applies to an authoriza- a trade secret knowing that the theft The Secretary may impose a cost-sharing re- tion to use military force, a declaration of will hurt the owner. This is an impor- quirement on beneficiaries accessing such war, or any similar authority enacted before, tant protection for American busi- supply. on, or after the date of the enactment of the nesses, which often choose trade secret (4) EXEMPTION.—The Secretary may ex- National Defense Authorization Act For Fis- protection over other forms of intellec- empt the following prescription maintenance cal Year 2013. tual property protection. medications from the requirements in para- ‘‘(3) Paragraph (1) shall not be construed to A recent decision of the Second Cir- graph (2): authorize the detention of a citizen of the cuit in United States v. Aleynikov (A) Medications for acute care needs. United States, a lawful permanent resident (B) Medications dispensed to patients in of the United States, or any other person casts doubt on the reach of the statute. long-term care facilities. who is apprehended in the United States.’’. A jury in that case found the defendant (C) Such other medications as the Sec- guilty of stealing computer code from retary considers appropriate. f his employer. The court overturned the (c) NONPARTICIPATION.— AUTHORITY FOR COMMITTEES TO conviction, holding among other things (1) OPT OUT.—The Secretary shall give MEET that the trade secret did not meet the beneficiaries who have been covered by the interstate commerce prong of the stat- pilot program under subsection (a) for a pe- COMMITTEE ON FOREIGN RELATIONS ute, even though the defendant had riod of at least one year an opportunity to Mr. HARKIN. Mr. President, I ask copied the stolen code from his office opt out of continuing to participate in the unanimous consent that the Com- in New York to a server in Germany; pilot program. mittee on Foreign Relations be author- (2) WAIVER.—The Secretary may waive the downloaded the code to his home com- ized to meet during the session of the requirement for a beneficiary to participate puter in New Jersey; then flew to his Senate on November 27, 2012, at 10 a.m., in the pilot program if the Secretary deter- new job in Illinois with the stolen to hold a hearing entitled, ‘‘Update on mines, on an individual basis, that the waiv- source code in his possession; and the er is appropriate. Arms Control Matters’’. code was used in interstate commerce. (d) OPERATION OF PROGRAM.—In carrying The PRESIDING OFFICER. Without The court held that the Economic Es- out the pilot program, the Secretary shall objection, it is so ordered. ensure that the operational responsibilities pionage Act provision applies only to for the national mail-order pharmacy pro- SELECT COMMITTEE ON INTELLIGENCE trade secrets that are part of a product gram for purposes of the pilot program are Mr. HARKIN. Mr. President, I ask that is produced to be placed in inter- awarded through full and open competition. unanimous consent that the Select state commerce. Because the com- (e) REPORTS.—Not later than March 31 of Committee on Intelligence be author- pany’s proprietary software was nei- each year beginning in 2014 and ending in ized to meet during the session of the ther placed in interstate commerce, 2018, the Secretary shall submit to the con- Senate on November 27, 2012, at 2:30 gressional defense committees a report on nor produced to be placed in interstate the pilot program under subsection (a), in- p.m. commerce, the law did not apply—even cluding the effects of offering incentives for The PRESIDING OFFICER. Without though the stolen source code was part the use of mail-order pharmacies by objection, it is so ordered. of a financial trading system that was TRICARE for Life beneficiaries, access to f used in interstate commerce every day. maintenance medications, and the effect on The clarifying legislation that the retail pharmacies. PRIVILEGES OF THE FLOOR Senate will pass today corrects the (f) TRICARE FOR LIFE BENEFICIARY DE- Mr. REID. Mr. President, I ask unan- court’s narrow reading to ensure that FINED.—In this section, the term ‘‘TRICARE for Life beneficiary’’ means a beneficiary imous consent that John Daley, a our federal criminal laws adequately under the TRICARE program who is enrolled State Department detailee to the For- address the theft of trade secrets re- in the Medicare wraparound coverage option eign Relations Committee, be given lated to a product or service used in of the TRICARE program made available to floor privileges during the debate on interstate commerce. It is a straight- the beneficiary by reason of section 1086(d) of the disabilities treaty. forward fix, but an important one, as title 10, United States Code. The ACTING PRESIDENT pro tem- we work to ensure that American com- (g) SUNSET.—The Secretary may not carry pore. Without objection, it is so or- panies can protect the products they out the pilot program under subsection (a) after December 31, 2017. dered. work so hard to develop, so they may Mr. KERRY. Mr. President, I ask continue to grow and thrive. I urge the SA 3018. Mrs. FEINSTEIN (for her- unanimous consent, on behalf of Sen- House to act quickly to pass this com- self, Mr. LEE, Mr. COONS, Ms. COLLINS, ator MURRAY, that Jake Cornett, a fel- monsense legislation.

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.058 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6979 Mr. REID. Mr. President, I ask unan- Whereas Korean War veterans deserve to the Senate stand adjourned under the imous consent that the bill be read be recognized by the people of the United previous order. three times, passed, the motion to re- States for their honorable and courageous There being no objection, the Senate, consider be laid upon the table, with no service in defense of democracy and freedom at 6:47 p.m., adjourned until Wednes- intervening action or debate, and any during the Korean War; day, November 28, 2012, at 10 a.m. Whereas the tide of communism on the statements related to the bill be print- southern 1⁄2 of the Korean Peninsula was f ed in the RECORD. halted, liberty triumphed over tyranny, and NOMINATIONS The PRESIDING OFFICER. Without the Republic of Korea has developed into a objection, it is so ordered. modern and prosperous democracy because of Executive nominations received by The bill (S. 3642) was ordered to be the selfless sacrifice of the Korean War vet- the Senate: engrossed for a third reading, was read erans; THE JUDICIARY the third time, and passed, as follows: Whereas the people of the United States NITZA I. QUINONES ALEJANDRO, OF PENNSYLVANIA, S. 3642 and the Republic of Korea are eternally TO BE UNITED STATES DISTRICT JUDGE FOR THE EAST- ERN DISTRICT OF PENNSYLVANIA, VICE RICHARD BAR- Be it enacted by the Senate and House of Rep- grateful to the Korean War veterans; Whereas the history of the Korean War CLAY SURRICK, RETIRED. resentatives of the United States of America in LUIS FELIPE RESTREPO, OF PENNSYLVANIA, TO BE Congress assembled, should be included in the curriculum of UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA, VICE ANITA B. BRODY, RE- SECTION 1. SHORT TITLE. schools in the United States so that future generations never forget the sacrifices of the TIRED. This Act may be cited as the ‘‘Theft of JEFFREY L. SCHMEHL, OF PENNSYLVANIA, TO BE Trade Secrets Clarification Act of 2012’’. Korean War veterans and what those vet- UNITED STATES DISTRICT JUDGE FOR THE EASTERN erans accomplished; DISTRICT OF PENNSYLVANIA, VICE THOMAS M. GOLDEN, SEC. 2. AMENDMENT. Whereas the Department of Defense 60th DECEASED. Section 1832(a) of title 18, United States FOREIGN SERVICE Code, is amended in the matter preceding Anniversary of the Korean War Commemora- paragraph (1), by striking ‘‘or included in a tion Committee will implement a national THE FOLLOWING-NAMED CAREER MEMBER OF THE campaign to honor the Korean War veterans, FOREIGN SERVICE OF THE INTERNATIONAL BROAD- product that is produced for or placed in’’ CASTING BUREAU FOR PROMOTION INTO THE SENIOR and inserting ‘‘a product or service used in remember those Korean War veterans still FOREIGN SERVICE TO THE CLASS INDICATED: or intended for use in’’. counted among the missing in action, and CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, educate the people of the United States con- CLASS OF COUNSELOR, AND CONSULAR OFFICER AND f SECRETARY IN THE DIPLOMATIC SERVICE OF THE cerning the ongoing relevance of the Korean UNITED STATES OF AMERICA: YEAR OF THE KOREAN WAR War; and MICHAEL R. HARDEGEN, OF FLORIDA VETERAN Whereas the commemorative campaign THE FOLLOWING-NAMED CAREER MEMBERS OF THE will include ceremonies in the United States SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- Mr. REID. I ask unanimous consent and the Republic of Korea in recognition of RICULTURE FOR PROMOTION INTO THE SENIOR FOREIGN that the Senate proceed to the imme- SERVICE TO THE CLASSES INDICATED: the beginning (June 25, 1950) and the armi- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, diate consideration of S. Res. 602. stice ending hostilities (July 27, 1953), as well CLASS OF CAREER MINISTER: The PRESIDING OFFICER. The as a national media and outreach campaign GEOFFREY W. WIGGIN, OF SOUTH DAKOTA clerk will report the resolution by for Veterans Day 2012 to honor the Korean CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, title. War veterans: Now, therefore, be it CLASS OF MINISTER COUNSELOR: Resolved, That the Senate— JAMES J. HIGGISTON, OF MARYLAND The legislative clerk read as follows: DAVID C. MILLER, OF WASHINGTON A resolution (S. Res. 602) designating 2012– (1) designates 2012–2013 as the ‘‘Year of the ELIA P. VANECHANOS, OF NEW JERSEY 2013 as the ‘‘Year of the Korean War Vet- Korean War Veteran’’; CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, eran’’ and recognizing the 60th anniversary (2) recognizes the 60th anniversary of the CLASS OF COUNSELOR: of the Korean War. Korean War; and GARY W. MEYER, OF WISCONSIN (3) honors the contributions and sacrifices ERIC A. WENBERG, OF WYOMING There being no objection, the Senate made by the Korean War veterans. THE FOLLOWING-NAMED PERSONS OF THE UNITED proceeded to consider the resolution. STATES AGENCY FOR INTERNATIONAL DEVELOPMENT f FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF Mr. REID. I ask unanimous consent THE CLASSES STATED. that the resolution be agreed to, the FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ORDERS FOR WEDNESDAY, CLASS TWO, CONSULAR OFFICER AND SECRETARY IN preamble be agreed to, the motion to NOVEMBER 28, 2012 THE DIPLOMATIC SERVICE OF THE UNITED STATES OF reconsider be laid upon the table, with AMERICA, no intervening action or debate, and Mr. REID. I ask unanimous consent STEPHEN J. GONYEA, OF FLORIDA any related statements be printed in that when the Senate completes its RITU K. TARIYAL, OF CALIFORNIA business today, it adjourn until 10 a.m. ALEXIS MARIA TAYLOR, OF NEW YORK the RECORD. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF The PRESIDING OFFICER. Without tomorrow, Wednesday, November 28, CLASS THREE, CONSULAR OFFICER AND SECRETARY IN 2012; that following the prayer and THE DIPLOMATIC SERVICE OF THE UNITED STATES OF objection, it is so ordered. AMERICA, The resolution (S. Res. 602) was pledge, the Journal of proceedings be SARAH MAXWELL BANASHEK, OF CALIFORNIA agreed to. approved to date, the morning hour be ROBERT B. BARTON, OF PENNSYLVANIA AARON J. BISHOP, OF CALIFORNIA The preamble was agreed to. deemed expired, the time for the two ANA ISABEL BODIPO—MEMBA, OF THE DISTRICT OF CO- The resolution, with its preamble, leaders be reserved for their use later LUMBIA reads as follows: KEVIN MAURICE BROWN, OF FLORIDA in the day; that the majority leader be ELIZABETH ANN CALLENDER, OF VIRGINIA S. RES. 602 recognized at that time, and the first SCOTT S. CAMERON, OF CALIFORNIA MONICA DORE CARLSON, OF VIRGINIA Whereas, on June 25, 1950, the Communist hour be equally divided and controlled ELIZABETH DAVNIE-EASTON, OF VIRGINIA Democratic People’s Republic of Korea between the two leaders or their des- CRISTINA M. DROST, OF NEVADA began the Korean War by invading the Re- CHARLES OGORCHUKWU EGU, OF MARYLAND ignees, with the majority controlling SUSAN FENNO, OF MAINE public of Korea with approximately 135,000 the first half and the Republicans con- CHRISTOPHER TODD FOLEY, OF NEW YORK troops; trolling the final half. CHRISTINE D. GANDOMI, OF ARIZONA Whereas nearly 1,800,000 members of the ANYA GLENN, OF CALIFORNIA The PRESIDING OFFICER. Without ALEXANDRA ISABEL HUERTA, OF WASHINGTON United States Armed Forces served along DEBORAH L. JOHNSTON, OF VIRGINIA with the forces of the Republic of Korea and objection, it is so ordered. MELANIE A. LUICK-MARTINS, OF IOWA 20 other Allied nations in the Korean theater STEVEN M. MAJORS, OF MISSOURI f MARK A. MITCHELL, OF OREGON of operations to defend freedom and democ- CHRISTINE M. OBESTER, OF VIRGINIA racy in the Korean Peninsula; PROGRAM AMY MICHELLE PARTIDA, OF TEXAS ALLYSON L. PHELPS, OF ARIZONA Whereas, during the Korean War, 36,574 Mr. REID. We hope to begin consider- people from the United States died and ANDREW ARI REBOLD, OF NEW YORK ation of the Defense authorization bill SHANNON MARAE ROGERS, OF COLORADO 103,284 people from the United States were ANDREA SAWKA, OF FLORIDA wounded in some of the most horrific combat tomorrow. We will also work on an JASON LEE SMITH, OF THE DISTRICT OF COLUMBIA agreement for amendments to the dis- RICHARD E. SPENCER, OF VIRGINIA and weather conditions in the history of war- MATTHEW EARL SUMPTER, OF CALIFORNIA fare; abilities treaty. GREG M. SWARIN, OF MICHIGAN CORINA CHENTZE WARFIELD, OF CALIFORNIA Whereas almost 60 years have passed since f the signing of the cease-fire agreement at KATHARINE ANTONIA WEBER, OF ALASKA THE FOLLOWING-NAMED CAREER MEMBERS OF THE Panmunjom on July 27, 1953, and the Korean ADJOURNMENT UNTIL 10 A.M. SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- Peninsula still technically remains in a TOMORROW NATIONAL DEVELOPMENT FOR PROMOTION WITHIN AND state of war; INTO THE SENIOR FOREIGN SERVICE TO THE CLASSES Mr. REID. Mr. President, if there is INDICATED: Whereas the Korean War has for many CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, years been a ‘‘Forgotten War’’ for people in no further business to come before the CLASS OF CAREER MINISTER: the United States; Senate, I ask unanimous consent that SHARON LEE CROMER, OF NEW YORK

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 9801 E:\CR\FM\G27NO6.063 S27NOPT1 jbell on DSK7SPTVN1PROD with S6980 CONGRESSIONAL RECORD — SENATE November 27, 2012

DAVID E. ECKERSON, OF VIRGINIA SHANNON M. RITCHIE, OF VIRGINIA SUTTON ADELL MEAGHER, OF THE DISTRICT OF COLUM- EARL W. GAST, OF CALIFORNIA GEORGE RIVAS, JR., OF TEXAS BIA WILLIAM HAMMINK, OF THE DISTRICT OF COLUMBIA JENNIFER WELLS ROBERTSON, OF VIRGINIA ANNE-MARIE G. MELANSON, OF VIRGINIA SUSUMU KEN YAMASHITA, OF FLORIDA DUSTIN SALVESON, OF NEW YORK RONALD MENDEZ, OF TEXAS CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, JONATHAN CHARLES SCOTT, OF CALIFORNIA VICTORIA S. MEURET, OF VIRGINIA CLASS OF MINISTER COUNSELOR: MIHAIL DAVID SEROKA, OF ALABAMA CAMERON SCOTT MILLARD, OF WASHINGTON TRAVIS MARK SEVY, OF UTAH JARED R. MILTON, OF VIRGINIA ROBERT F. CUNNANE, OF FLORIDA MUHAMMAD R. SHAHBAZ, OF NEW YORK AMY RACHEL MONSARRAT, OF VIRGINIA ALEXANDER DICKIE IV, OF TEXAS GEORGE BRANDON SHERWOOD, OF NORTH CAROLINA JOSEPH J. MOTYLESKI, OF VIRGINIA SUSAN FRENCH FINE, OF VIRGINIA MICHAEL AARON SHULMAN, OF THE DISTRICT OF CO- JONATHAN G. NADZAM, OF VIRGINIA BROOKE ANDREA ISHAM, OF WASHINGTON LUMBIA EMMA MARISKA NAGY, OF CALIFORNIA KEVIN J. MULLALLY, OF ARIZONA GWENDOLYNNE M. SIMMONS, OF FLORIDA BRANDON K. NOLEN, OF THE DISTRICT OF COLUMBIA CHARLES ERIC NORTH, OF VIRGINIA NATHAN R. SIMMONS, OF IDAHO MARK W. OKIISHI, OF VIRGINIA DENISE ANNETTE ROLLINS, OF THE DISTRICT OF COLUM- NISHA DILIP SINGH, OF CALIFORNIA HANEEF L. OMAR, OF MARYLAND BIA JEREMY DANIEL SLEZAK, OF TEXAS STEPHEN J. OSULLIVAN, OF VIRGINIA THOMAS H. STAAL, OF MARYLAND ALAN JOSEPH SMITH, OF THE DISTRICT OF COLUMBIA BENJAMIN OVERBY, OF NEVADA DENNIS JAMES WELLER, OF ILLINOIS ERIC ANTHONY SMITH, OF CALIFORNIA JANE JIHYE PARK, OF VIRGINIA MELISSA A. WILLIAMS, OF VIRGINIA VE´ RONIQUE ELISABETH SMITH, OF CALIFORNIA JULIANNE NICOLE PARKER, OF FLORIDA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, KRISTEN MARIE STOLT, OF ILLINOIS GREGORY PARNELL, OF VIRGINIA CLASS OF COUNSELOR: MICHAEL JAMES WAUTLET, OF COLORADO SAPNA K. PATEL, OF TEXAS JIM NELSON BARNHART, JR., OF GEORGIA ERIN RAMSEY WILHELM, OF THE DISTRICT OF COLUMBIA THOMAS BENJAMIN PERKOWSKI, OF THE DISTRICT OF SHERRY F. CARLIN, OF FLORIDA GARRETT E. WILKERSON, OF OREGON COLUMBIA KIMBERLY J. DELANEY, OF CALIFORNIA AMANDA L. WILLIAMS-FORD, OF NORTH CAROLINA RYAN EVAN PETERSON, OF VIRGINIA CELESTINA M. DOOLEY-JONES, OF SOUTH DAKOTA NELSON H. WU, OF VIRGINIA JEFFREY PRENGER, OF MARYLAND LISA ROSE FRANCHETT, OF CALIFORNIA MARGARET ANNE YOUNG, OF MISSOURI DAVID A. RASMUSSEN, OF VIRGINIA MICHELLE ALLISON GODETTE, OF FLORIDA MICHAEL JOSEPH YOUNG, OF COLORADO MICHAEL F. RENEHAN, OF MARYLAND DEBORAH LYNN GRIESER, OF ILLINOIS THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN KELLI A. RETTINGER, OF VIRGINIA NANCY L. HOFFMAN, OF FLORIDA SERVICE TO BE SECRETARIES OR CONSULAR OFFICERS MICHAEL CLINTON RILEY, OF NORTH CAROLINA JAMES M. HOPE, OF TEXAS AND SECRETARIES IN THE DIPLOMATIC SERVICE OF THE BRADY E. ROBERTS, OF TEXAS MARK S. HUNTER, OF VIRGINIA UNITED STATES OF AMERICA: SCOTT N. ROFFMAN, OF MICHIGAN REBECCA A. LATORRACA, OF WEST VIRGINIA CARRIE M. ROMOSER, OF VIRGINIA SARAH AHMED, OF VIRGINIA TERESA L. MCGHIE, OF NEVADA VANESSA N. ROZIER, OF CONNECTICUT ZAKHAR AMCHISLAVSKY, OF THE DISTRICT OF COLUM- ELIZABETH E. PALMER, OF ARIZONA ANDREA L. RUSCHENBERG, OF VIRGINIA BIA JOAKIM ERIC PARKER, OF CALIFORNIA ANASTASIA J. SADOWSKI, OF VIRGINIA MOSES AN, OF CALIFORNIA ANDREW WILLIAM PLITT, OF MARYLAND PATRICK SALZWEDEL, OF NORTH CAROLINA BRIAN I. APEL, OF VIRGINIA ROY PLUCKNETT, OF VIRGINIA ALEKSEY SANCHEZ, OF FLORIDA LESLIE K. REED, OF CALIFORNIA TOBEI B. ARAI, OF GEORGIA DAVID M. SCHORR, OF IDAHO MARIA RENDON LABADAN, OF FLORIDA HARRY J. BETHKE, OF VIRGINIA LEAH J. SEVERINO, OF CALIFORNIA ALLEN F. VARGAS, OF FLORIDA LITTANE BIEN-AIME, OF MASSACHUSETTS AHMED SHAMA, OF NEW YORK CLINTON DAVID WHITE, OF FLORIDA KEONDRA S. BILLS, OF NEW YORK JEFFRY HOWARD SHELDON, OF MONTANA RYAN P. BLANTON, OF MISSOURI THE FOLLOWING—NAMED PERSONS OF THE DEPART- MARK T. SHEN, OF VIRGINIA JACKSON BLOOM, OF CALIFORNIA ANDREW TODD SHEPARD, OF FLORIDA MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- MICHAEL C. BLUE, OF PENNSYLVANIA ICE OFFICERS OF THE CLASSES STATED. CHRISTINA TERRILL SKIPPER, OF VIRGINIA PREN-TSILYA BOA-GUEHE, OF MARYLAND KEVIN W. SMITH, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ELIZABETH BONIFACE, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ALESIA L. SOURINE, OF MICHIGAN DOUGLAS L. BRADY, OF VIRGINIA CRYSTAL SPEARMAN, OF TEXAS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ALAIN C. BRAINOS, OF VIRGINIA AMERICA, MAX JOSEPH STEINER, OF CALIFORNIA PATRICK BRANCO, OF HAWAII WILLIAM JOHN STEINMETZ, OF VIRGINIA KARL MILLER ADAM, OF TEXAS JOSEPH A. BRANDIFINO, OF VIRGINIA ALEX STEWART, OF VIRGINIA ANDREW L. ARMSTRONG, OF FLORIDA ADAM MATTHEW BROWN, OF FLORIDA REBECCA JOY STEWART, OF THE DISTRICT OF COLUMBIA DINA A. BADAWY, OF VIRGINIA AMY B. BROWN, OF THE DISTRICT OF COLUMBIA RAEJEAN K. STOKES, OF CONNECTICUT FRANC¸ OISE I. BARAMDYKA, OF CALIFORNIA TRAVIS S. BROWN, OF THE DISTRICT OF COLUMBIA WILLIAM STROUD, OF VIRGINIA BRIAN PAUL BECKMANN, OF MINNESOTA AMANDA ROSE BUESCHER, OF CALIFORNIA MICHAEL JOHN SULESKI, OF VIRGINIA FRITZ W. BERGGREN, OF WASHINGTON PAUL R. BULLARD, OF NEW YORK IVAN SUSAK, OF VIRGINIA MARIE MARGUERITE BLANCHARD, OF MASSACHUSETTS JOSE E. CAMPOY, OF ARIZONA ROBERT T. SUTTER, OF THE DISTRICT OF COLUMBIA KATHRYN W. BONDY, OF GEORGIA VIRGIL WILLIAM CARSTENS, OF TEXAS PAMELA M. TADKEN, OF MARYLAND MELANIE LYNETTE BONNER, OF THE DISTRICT OF CO- MARK R. CARTER, OF CONNECTICUT KARLA THOMAS, OF WASHINGTON LUMBIA RYAN W. CASSELBERRY, OF FLORIDA MARKUS A. THOMI, OF NEW YORK MATTHEW J. BRITTON, OF CALIFORNIA TUSEEF CHAUDHRY, OF VIRGINIA SAMUEL H. THOMPSON, OF VIRGINIA BIANCA M. COLLINS, OF MICHIGAN DOREEN A. CIAVARELLI, OF VIRGINIA LEAH THORNSTENSON, OF TEXAS ANTON MARK COOPER, OF WASHINGTON PAM S. COBB, OF THE DISTRICT OF COLUMBIA NICHOLAS J. UNGER, OF CALIFORNIA MELISSA ELMORE COTTON, OF MASSACHUSETTS ANITA C. COCHRAN, OF NEW YORK TODD WILLIAM UNTERSEHER, OF LOUISIANA ANDREW JOSEPH CURIEL, OF CALIFORNIA LINDSAY COLDWELL, OF VIRGINIA JENNIFER L. VANWINKLE, OF IOWA HANNAH A. DRAPER, OF ARKANSAS PATRICIA CONNOR, OF VIRGINIA JUAN MANUEL VAZQUEZ, OF WASHINGTON THOMAS ANTHONY DUVAL, OF MASSACHUSETTS MARLO SALAITA CROSS-DURRANT, OF THE DISTRICT OF SUSAN RIVERS VESEL, OF VIRGINIA JAMES P. DUVERNAY, OF NEW JERSEY COLUMBIA VANESSA LISBETH VIDAL CASTELLANOS, OF CALI- AMY E. EAGLEBURGER, OF CALIFORNIA DANIEL WILLIAM CUNNANE, OF VIRGINIA FORNIA JONATHAN EDWARD EARLE, OF MISSOURI CHRISTINE E. CUOCO, OF VIRGINIA ANN MARIE WARMENHOVEN, OF FLORIDA JEREMY EDWARDS, OF TEXAS MARY C. CYPRESSI, OF PENNSYLVANIA BRYAN D. WEISBARD, OF VIRGINIA JEFFREY EDWARD ELLIS, OF WASHINGTON JOHN P. DAVIES, OF VIRGINIA ROBERT C. WHEELER, OF VIRGINIA JOHN C. ETCHEVERRY, OF CALIFORNIA MARIA C. DEC, OF VIRGINIA LEE VINCENT WILBUR, OF SOUTH DAKOTA DYLAN THOMAS FISHER, OF VIRGINIA ANTHONY DELLADONNA, OF VIRGINIA JACQUELINE K. WILSON, OF OREGON THEODORE JOSEPH FISHER, OF CALIFORNIA DAN DEMING, OF VIRGINIA PETER BRENNER WINTER, OF NEW MEXICO REBECCA V. GARDNER, OF OHIO ELIZABETH A. DREELAND, OF ARIZONA KEVIN WONG, OF VIRGINIA ROBERT RICHARD GATEHOUSE, JR., OF CONNECTICUT ELISABETH F. EL-KHODARY, OF MARYLAND WILLIAM H. WYCHE, OF VIRGINIA JOSEPH MARTIN GERAGHTY, OF PENNSYLVANIA MARK C. ELLIOTT, OF MARYLAND MARK K. YANG, OF VIRGINIA JOHN DREW GIBLIN, OF GEORGIA ANTHONY L. ETTISON, OF MARYLAND STEPHANIE SNOW GILBERT, OF OKLAHOMA JOHN V. FAZIO, OF ILLINOIS THE FOLLOWING NAMED CAREER MEMBER OF THE MARK THOMAS GOLDRUP, OF CALIFORNIA BENJAMIN MICHAEL FEHRMAN, OF NORTH CAROLINA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR MICHAEL GORMAN, OF VIRGINIA JOSEPH P. FERGUSON, OF FLORIDA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE CATHERINE A. HALLOCK, OF NEW YORK PAUL I. FISHBEIN, OF CALIFORNIA CLASS INDICATED: JESSICA AMY HARTMAN, OF CALIFORNIA PAUL R. FLEMING, OF MICHIGAN CAREER MEMBER OF THE SENIOR FOREIGN SERVICE STEPHANIE M. HAUSER, OF FLORIDA JENNIFER R. GARCIA, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- JEFFREY M. HAY, OF VIRGINIA KARINA GABRIELA GARCIA, OF CALIFORNIA SELOR, EFFECTIVE JANUARY 1, 2012: MARK HERNANDEZ, OF VIRGINIA COURTNEY L. GATES, OF CALIFORNIA DANIEL MENCO HIRSCH, OF MARYLAND BENJAMIN GEORGE HESS, OF NORTH CAROLINA JOHN HUNTER GRAY, OF CALIFORNIA KATHRYN L. HOLMGAARD, OF VIRGINIA MARINA VISHNEVETSKY GRAYSON, OF TEXAS IN THE AIR FORCE JONATHAN PAUL HOWARD, OF VIRGINIA COLIN GUARD, OF WASHINGTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRENT W. ISRAELSEN, OF NEVADA NATHANIEL SHERMAN HAFT, OF OHIO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ERIC RYAN JACOBS, OF FLORIDA ALLYSON HAMILTON-MCINTIRE, OF KENTUCKY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE NICHIREN RASHAD JONES, OF GEORGIA ANNE LOUISE M. HANSON, OF VIRGINIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RACHEL YNYR KALLAS, OF WISCONSIN KAYLEA J. HAPPELL, OF THE DISTRICT OF COLUMBIA 601: ALLEN L. KRAUSE, OF MICHIGAN MARK W. HARDY, OF VIRGINIA DAWSON LAW, OF FLORIDA BYRON CLEMENT HARTMAN, OF VIRGINIA To be lieutenant general KATHERINE MAUREEN LEAHY, OF NEW JERSEY TYSON P. HINDS, OF VIRGINIA MAJ. GEN. LORI J. ROBINSON ADAM JOSEPH LEFF, OF THE DISTRICT OF COLUMBIA THEODORE HO, OF CALIFORNIA RONG RONG, LI, OF MAINE ALEXIS J. HUFF, OF CALIFORNIA THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ELIZABETH ANGELA LITCHFIELD, OF ILLINOIS KENNETH H. ILGENFRITZ, OF VIRGINIA UNITED STATES OFFICERS FOR APPOINTMENT TO THE JENNIFER L. MCANDREW, OF TEXAS DANIELA STEFANOVA IONOVA-SWIDER, OF FLORIDA GRADE INDICATED IN THE RESERVE OF THE AIR FORCE DANIEL CRAIG MCCANDLESS, OF PENNSYLVANIA KENDALL D. JACKSON, OF WEST VIRGINIA UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JULIA P. MCKAY, OF SOUTH CAROLINA BRIANA NICOLE JONES, OF THE DISTRICT OF COLUMBIA To be colonel ELIZABETH ALBIN MEZA, OF TEXAS JEFF JUNG, OF CALIFORNIA ERIC C. MOORE, OF OREGON HIRAM K. KELIIPIO, OF VIRGINIA MATTHEW W. ALLINSON KRISTY M. MORDHORST, OF TEXAS AKBAR KHALID, OF VIRGINIA JULIE A. ANDERSON WALKER PAUL MURRAY, OF WASHINGTON WALID N. KILDANI, OF VIRGINIA DOUGLAS W. ARENDSEE SCOTT A. NORRIS, OF TEXAS YUKI KONDO-SHAH, OF ARIZONA BORIS R. ARMSTRONG SARAH OH, OF NEW YORK PATRICK E. KOUCHERAVY, OF VIRGINIA JOHN P. ASCHERL JAMES PAUL O’MEALIA II, OF NEW JERSEY LAURIE ANNE KURIAKOSE, OF ILLINOIS PETER M. BALOGH IRENE IJEOMA ONYEAGBAKO, OF NEVADA JESSIE MARIE KUYKENDALL, OF OKLAHOMA STEVEN H. BENDEN ERIK GRAHAM PAGE, OF SOUTH CAROLINA REBECCA A. LARSON, OF THE DISTRICT OF COLUMBIA JOHN WALLACE BRADLEY III JENNIFER LEIGH PALMER, OF CALIFORNIA JAIME FAYE LEBLANC-HADLEY, OF TEXAS TODD MARLYN BRANDEN NEIL M. PHILLIPS, OF MARYLAND ALEX VLADICHAK LITICHEVSKY, OF NEW JERSEY KRISTIN KENDALL BRAWLEY JAY LANNING PORTER, OF UTAH AMY L. LOPRETE, OF MARYLAND PETER JAMES BROWNING A. LARISSA PROCTOR, OF VIRGINIA CESAR MARINES, OF VIRGINIA BRIAN TAYLOR BURGER MARGARET S. RAMSAY, OF NEW YORK JAMES MCDONNELL, OF THE DISTRICT OF COLUMBIA ROBERT A. BURRIS JERAMEE C. RICE, OF TENNESSEE MONTY RUSHMOORE MCGEE, OF VIRGINIA SHAWN R. BURRUS JAMES THOMAS RIDER, OF MICHIGAN SEAN P. MCGUIRE, OF VIRGINIA JAMES D. BYERLY

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MARK COLIN CARRIER ROBERT E. BARNSBY MICHAEL T. MCTIGUE CHRISTOPHER SCOTT CROXTON BRIAN J. CHAPURAN DEAN A. MEINERT KEVIN ROBERT CURLEY CHRISTOPHER C. COX MATT G. MELVIN MARK T. DOLL LAWRENCE A. EDELL II RICHARD L. MENHART TIMOTHY A. DONOFRIO TIMOTHY A. FURIN ANDREW T. MERGENS KEVIN M. DONOVAN STEVEN A. GARIEPY MICHAEL W. MILNER DOUGLAS C. EOUTE, JR. BRIAN P. GAVULA JEFFREY S. MURRAY SCOTT PHILIP FEDERICO PAUL E. GOLDEN, JR. JOSEPH A. MYRDA, JR. MICHAEL K. FIELDS DANIEL D. GRIESER KEVIN M. NASH JOHN E. FLOWERS BENJAMIN K. GRIMES BRIAN P. ONEIL VINCENT RAY FRANKLIN MATTHEW R. HOVER MARC A. ORR JARROD KEITH FRANTZ ELLEN S. JENNINGS ROBIN E. PARSONS MARSHAL S. FURR DANYELE M. JORDAN TAMATHA A. PATTERSON SCOTT A. GRAHAM JOHN L. KIEL, JR. TIMOTHY U. PHILLIPS WILLIAM ROBERT GRIFFIN JOSEPH B. MACKEY RICHARD M. PIERCE BRUCE P. HAMILTON SEAN F. MANGAN DOUGLAS P. PIETROWSKI PAIGE E. INSCOE CHRISTOPHER E. MARTIN LEON G. PLUMMER BRADLEY ALLEN JACKSON STEPHEN W. MCGAHA DAVID J. PRESTON CHARLES G. JEFFRIES WILLIAM E. MULLEE RONALD R. RAGIN EDWARD S. JONES KRISTIAN W. MURRAY MELINDA S. A. ROMERO MARTIN KEINER STEVEN C. NEILL JAMES P. ROSS JOHN M. KELLY AMY J. NELSON MATTHEW H. RUEDI HEIDI L. KJOS ALEXANDER N. PICKANDS WILLIAM M. RUSSELL ROBERT D. KOSCIUSKO DEBORAH E. PIKE ANTHONY J. SANCHEZ TERRENCE LEONARD KOUDELKA KAREN W. RIDDLE RYAN E. SAW GREGORY WILLIS LAIR SARA M. ROOT JAMES W. SCHIRMER RONALD S. LAMBE YVONNE L. SALLIS MATTHEW P. SHATZKIN MICHELE KIM LAMONTAGNE SHAWN D. SMITH ERIC P. SHIRLEY THOMAS S. LILLY ROBERT C. STELLE CRAIG A. SIMONSGAARD JEFFREY E. MAPLE JOHN H. STEPHENSON II STANLEY J. SLIWINSKI, JR. TIMOTHY WILLIAM MARKOWITZ JEFFREY S. THURNHER SYDNEY A. SMITH CHRISTOPHER MARTIN MAUK SCOTT T. VANSWERINGEN THOMAS M. SPENARD ROBERT PETER MCCLOY SEAN M. WILSON CHARLES M. STEIN MICHAEL E. MCDONALD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MAURICE H. STEWART CHRISTOPHER G. MCGRAW MARVIN M. THORNTON, JR. DONALD V. MCGUIRE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: STACY S. TOWNSEND KEITH G. MILLER CAROL M. TSCHIDA JAMES E. MOLLET To be colonel JOHN S. H. TURNER, JR. RODNEY E. NEELY SCOTT A. TYLER ERICK A. OLSEN RONALD L. BAKER DOUGLAS M. VALLEJO DUKE A. PIRAK JAMES R. BECKER REID E. VANDERSCHAAF FRANCIS P. POLLOCK MICHAEL J. BELL ROBERT M. VILLALOBOS CRAIG A. REZAC MARK S. BENNETT ERIK C. WEBB JAMES PAUL ROWLETT VANESSA N. BENSON JOSEPH C. WELLER JON STEWART SAFSTROM TODD S. BERTULIS TIMOTHY P. WHITE STEPHANIE S. SAMENUS CHRISTOPHER J. BEVERIDGE JAMAL E. WIGGLESWORTH DOMENICO SARNATARO MORRIS L. BODRICK HOPE F. WILLIAMS MICHAEL JAY SHENK, JR. SHAWN M. BOLAND LISA M. WILSON WILLIAM L. SHERRILL, JR. ROBERT J. BRINKMANN LITONYA J. WILSON MARC ALLEN SICARD RONALD D. BROWN, JR. ANTHONY M. WIZNER JUSTIN BOWDLE SMITH LESLIE F. CABALLERO DONALD K. WOLS WENDEL ALAN SMITH JEFFERY A. CARTER MICHAEL T. WRIGHT LISA K. SNYDER ALLEN T. CASSELL MICHAEL PATRICK STEINDL RILEY J. CHERAMIE, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GARY SCOTT STERE RONALD CHILDRESS, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTAN L. STEWART STEVEN B. CLARK UNDER TITLE 10, U.S.C., SECTION 624: SCOTT WELDON STRATTON ALTON B. CLOWERS, JR. To be colonel JOHN D. SULLIVAN ANTHONY S. COLE KATHLEEN M. SULLIVAN ROBERT M. COLLINS TERRY L. ANDERSON TODD E. SWASS MICHAEL A. CORTEZ, JR. KRIS A. ARNOLD RICHARD A. TAITO COURTNEY P. COTE JAMES M. ASHFORD ELENA GAIL THOMPSON JASON T. CRAFT DONALD R. BAKER JOHN A. TRAUTMAN HUBERT D. DAVIS JAMES W. BAKER BLAKE PAUL UHL ROBERT J. DAVIS, JR. HASHEM BAYATPOOR RONALD JAY VESTMAN ROBERT A. DAWSON RAUL C. BENITEZ APRIL D. VOGEL CHARLES DEMERY DAVID M. BENNETT DAVID BRYANT WALKER GEOFFREY C. DETINGO NANCY E. BLACKER GENT WELSH, JR. WILLIAM T. DRAPER, JR. CHRISTINA M. BLOSS WALLY MARK WERNER LAYTON G. DUNBAR, JR. JOHN J. BONIN JEFFREY D. YOUNG THOMAS C. ELLIS THOMAS A. BOONE IN THE ARMY EDWARD L. ENGLISH DONALD L. BRAY PAUL R. FISCUS JACQUELINE D. BROWN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- RHONDA L. FISHER LAWRENCE T. BROWN MENT TO THE GRADE INDICATED IN THE RESERVE OF MARK A. FITCH TIMOTHY W. BUCHEN THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ERIC B. FLEMING EDWARD F. BUCK, JR. To be colonel KAREN G. FLEMING ROBERT M. BURRELL DARWIN A. FRETT DYLAN M. W. CARLSON ROBERT W. HANDY ROLAND M. GADDY, JR. MICHAEL D. CHANDLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOE D. GANN JEFFREY D. CHURCH AS PERMANENT PROFESSOR AT THE UNITED STATES GARY E. GILLON, JR. THOMAS J. CLANCY, JR. MILITARY ACADEMY IN THE GRADE INDICATED UNDER THOMAS B. GLOOR WILLIAM D. CONNER TITLE 10, U.S.C., SECTIONS 4333(B) AND 4336(A): KATHERINE J. GRAEF THOMAS W. COOK LANCE B. GREEN ROBERT A. CULP II To be colonel ELIZABETH R. GRIFFIN ABBAS K. DAHOUK JAMES T. SEIDULE BRANDON L. GRUBBS CHARLES P. DALY WILLIAM E. HAAS KETTI C. DAVISON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTINE A. HACKETT PAUL L. DECECCO TO THE GRADE INDICATED IN THE RESERVE OF THE FRANCES A. HARDISON GARY M. DEFORE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TERRECE B. HARRIS JAMES D. DENARDO To be colonel CHRISTOPHER S. HART EDWARD V. DESHIELDS, JR. SEAN M. HERRON DWAYNE A. DICKENS MARK A. NOZAKI TOMMIE HEWITT, JR. THOMAS E. DILLINGHAM MATTHEW D. RAMSEY JOHN J. HICKEY III MATTHEW A. DIMMICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELIA K. HOLBROOK ROBERT S. DIXON TO THE GRADE INDICATED IN THE RESERVE OF THE JANET R. HOLLIDAY PATRICK O. DOYLE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ANGELA M. HOLMES MICHAEL F. DUPRA RODNEY H. HONEYCUTT JOHN F. ELLIS To be colonel KAROLYN I. HOOPER DOUGLAS M. FAHERTY DAVID J. HOSNA ROBERT L. FANELLI, JR. CHRISTOPHER J. CUMMINGS HEIDI J. HOYLE ROBYN E. FERGUSON CRAIG DENNEY REED E. HUDGINS BARBARA R. FICK JERE G. DIERSING FREDERICK J. HUGHES IV DAVID P. FILER DUANE M. DREESEN HARRY H. HUNGERFORD III KENNETH S. FU CHARLES E. FEBUS KEITH E. IGYARTO PATRICK W. GINN JACQUELINE J. JACKSON JAMES JENNINGS MARK S. GORAK WILLIAM J. KOON STEVEN J. KELLER DUANE K. GREEN PATRICK N. LEDUC KENNETH C. KELLEY ANDREW O. HALL GREGORY E. MAGGS ALAN G. KELLOGG BRIAN S. HALLORAN JAMES J. MESKILL, JR. STUART A. KIDDER JEFFERY A. HANNON RANDOLPH O. PETGRAVE PATRICK A. LAMB DAN R. HANSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONG H. LEE LORENZO HARRIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY TIMOTHY D. LUEDECKING THOMAS W. HAUSER JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, CHRISTOPHER S. LUEKENGA GARRETT D. HEATH U.S.C., SECTIONS 624 AND 3064: EDWARD D. MADDOX CHARLES J. HEIMANN To be lieutenant colonel MARY L. MARTIN ERIC T. HEIST CHARLES H. MAY JOSEPH L. HILFIKER ANTHONY C. ADOLPH WILLIAM H. MCCAULEY V EDWARD J. HUNTER

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RYAN M. JANOVIC DANIEL G. BEATTY MICHAEL J. LOOS JEFFREY L. JENNETTE CHRISTOPHER G. BECK JAMES P. LOWE DOUGLAS D. JONES ERSKINE R. BENTLEY II STEPHEN J. LUTSKY SOMPORT JONGWATANA SEAN C. BERNABE JAMES W. MACGREGOR PATRICK A. KELLEY CRAIG BERRYMAN KYLE J. MARSH JOHN W. KENNEDY III GEORGE M. BOND CHARLES J. MASARACCHIA RANDALL R. KLINGAMAN GERALD A. BOSTON NICK S. MAULDIN BRIAN T. LAMSON DAVID W. BOTTCHER MICHAEL C. MCCURRY II ERIC J. LARSON MICHAEL A. BOTTIGLIERI ERIC M. MCFADDEN SCOTT D. LATHROP FRANK W. BREWSTER II JAMES M. MCGOVERN KELLY S. LAURITZEN DETRICK L. BRISCOE RICHARD J. MCNORTON JOHN C. LEE DOUGLAS L. BROCKHARD, JR. WILLIAM A. MEDINA STEVEN M. LEONARD MARTHA K. BROOKS JOHN V. MEYER III GEORGE E. LEWIS III DONALD M. BROWN PATRICK R. MICHAELIS VINCENT R. LINDENMEYER EDMOND M. BROWN DUANE R. MILLER BRIAN E. LINVILL ERIK M. BROWN JEREMY B. MILLER TERRY L. LOVE TIMOTHY D. BROWN CHARLES D. MILLS LYNN A. LUBIAK JOHN G. BUCK KENNETH J. MINTZ STEPHEN C. MA MICHAEL F. BURNS III ANTHONY P. MITCHELL ROBERT S. MATHERS DEAN E. BUSHNELL CHARLES S. MITCHELL DANIEL J. MCCARTHY CURTIS A. BUZZARD ROBERT J. MOLINARI WILLIAM G. MCDONOUGH III DAVID S. CANNON JEFFREY B. MULLINS JAMES G. MCFADDEN CAMERON M. CANTLON ANTONIO V. MUNERA ROLLIN L. MILLER CHRISTOPHER J. CARDONI THOMAS E. MUNSEY CHRISTOPHER C. MITCHINER WILLIAM J. CARTY RICHARD R. NAVARRO, JR. IVAN MONTANEZ PHILLIP A. CHAMBERS ERICA C. NELSON CRAIG D. MORROW JANICE H. CHEN JOHN S. NELSON PATRICK D. MORROW CHRIS W. CHRONIS QUINCY E. NORMAN MATTHEW D. MORTON KEVIN F. CIOCCA WILLIAM T. NUCKOLS, JR. PATRICK J. MULLIN RALPH L. CLAYTON III JOHN W. NUTT JAMES M. MYERS RICHARD E. CLEVELAND BRYAN W. OBARR EARL S. NAKATA MARK A. COLBROOK MORGAN D. OROURKE LANDY T. NELSON, JR. JOHN R. COOK CARL J. PACKER MARK D. NELSON GERY B. CUMMINGS DONALD C. PADGETT TIMOTHY P. NORTON JOHN M. CYRULIK JOHN M. PAGANINI MARK E. ORWAT BARRY E. DANIELS, JR. DAVID H. PATTERSON, JR. JAMES S. OVERBYE MICHAEL J. DANIELS SHANA E. PECK JAMES A. DAVEL MICHAEL E. PANKO MICHAEL D. PELOQUIN JOHNNY K. DAVIS WILLIAM B. PENLAND CHARLES R. PARKER JOHN P. DELANEY KRIS N. PERKINS JACQUELINE L. PATTEN ANTHONY G. DEMARTINO MICHAEL P. PETERS, JR. CHRISTOPHER A. PATTON THOMAS A. DENZLER MICHAEL J. PHILBIN FADI J. PETRO JOHN P. DIGIAMBATTISTA FREDERICK E. PRINS JENNIFER B. PIOLO BRIAN E. DILLON KEVIN J. QUARLES GEORGE A. PIVIK CHRISTOPHER M. DONESKI PAUL P. REESE TIMOTHY D. PRESBY DAVID S. DOYLE ANDREW T. RENDON JOHN D. PRICE CHRISTOPHER T. DREW IAN C. RICE DAVID M. PURSLEY JOSEPH M. DUNCAN THOMAS S. RICKARD RICHARD J. QUIRK IV MATTHEW L. EICHBURG LEONARD ROSANOFF TROY A. RADER MARCUS S. EVANS THOMAS G. ROWELL, JR. GREGORY E. RAWLINGS JERRY L. FARNSWORTH II MICHAEL D. RUNEY MICHAEL D. RAYBURN CEDRICK A. FARRIOR JOSEPH A. RYAN MARCUS A. REESE DAVID G. FIVECOAT MARK E. SCHMITT MICHAEL J. REPETSKI LEE A. FLEMMING, JR. DONALD P. SCHURR GARY G. RIDENHOUR DAVID S. FLYNN THOMAS J. SHEEHAN KEITH M. RIVERS MITCHELL D. FRANKS JEFFREY M. SHOEMAKER ARVESTA P. ROBERSON II ANNA R. FRIEDERICHMAGGARD ALAN B. SHOREY STEPHEN C. ROGERS RICHARD A. FROMM II HUGH D. SHOULTS TRAVIS E. ROOMS PATRICK L. GAYDON MICHAEL J. SIMMERING TRACY L. ROOU JAMES E. GAYLORD, JR. DAVID G. SINK MARK E. ROSENSTEIN SCOTT R. GERBER CHAD D. SKAGGS JOHN P. RUEDISUELI DARREN S. GERBLICK JASON L. SMALLFIELD LEE R. SALMON ERIK O. GILBERT DALE R. SMITH PETER J. SCAMMELL JAYSON C. GILBERTI JOHN L. SMITH SWILLING W. SCOTT, JR. LYNDA M. GRANFIELD FRANK K. SOBCHAK GEORGE H. SEAWARD SCOTT A. GREEN JEFF R. STEWART DOVER SEAWRIGHT ROSENDO T. GUIEB ALBERT H. STILLER MICHAEL E. SENN THOMAS B. GUKEISEN CHRISTOPHER STONE KRAIG E. SHEETZ JOHN W. HAEFNER ALAN C. STREETER KRISTIAN E. SMITH SCOTT W. HALSTEAD FLEMING T. SULLIVAN FRANK J. SNYDER SCOTT J. HALVERSON BRETT G. SYLVIA MATTHEW V. SOUSA BRIAN J. HAMMER KENNETH J. TAUKE MICHAEL P. STELZIG THOMAS E. HANSON GRADY S. TAYLOR BRIAN J. STOKES DAVID W. HARDY WILLIAM D. TAYLOR DEREK L. STREETER ROBERT J. HARMAN, JR. MATTHEW T. TEDESCO CRAIG J. TIPPINS JOHN T. HARRIS MAXWELL S. THIBODEAUX THOMAS E. TOLER PATRICK L. HARVEY WILLIAM L. THIGPEN TUAN T. TON ANTHONY J. HEALEY JEFFERY B. THOMPSON JAMES D. TURINETTI IV ROGER P. HEDGEPETH RONALD L. TUCKER, JR. BRETT M. TURNER MICHAEL B. HEDGES JERRY A. TURNER JASON J. TURNER JOHN C. HERMELING MATTHEW R. TYLER STEPHANIE J. TUTTON SALOME HERRERA, JR. RICHARD P. ULLIAN MARTHA S. VANDRIEL JOHN M. HINCK ANDREW C. ULRICH STEPHANIE D. VAUGHN KELLY E. HINES ROBERT V. URQUHART, JR. GERARD A. VAVRINA BRYAN J. HOFF SHAWN M. VAIL SHELLEY L. VOLKWEIN JOSEPH C. HOLLAND MATTHEW J. VANWAGENEN PATRICK L. WALDEN TIMOTHY W. HOLMAN DOUGLAS C. VANWEELDEN III CHARLES A. WALTERS, JR. SCOTT G. HOOPER DOUGLAS G. VINCENT GERALD S. WELLS, JR. WOODARD B. HOPKINS THOMAS VONESCHENBACH DAVID R. WILLS MICHAEL P. HOSIE CAREY M. WAGEN JAMES L. WILMETH IV EDWARD B. HOUSTON JOHN P. WANAT JOHN F. WINTERS CALVIN C. HUDSON II JAMES A. WANOVICH RAY P. WOJCIK TIMOTHY D. HUENING HEATHER J. WARDEN JEFFREY T. WYATT, SR. KELLY W. IVANOFF STEVEN H. WARREN HAROLD P. XENITELIS ISAAC O. JOHNSON TODD R. WASMUND PAUL B. ZEPERNICK STEVEN R. JOHNSON JEFFREY W. WHITE FRANCESCA ZIEMBA WILLIAM B. JOHNSON ALAN A. WIERNICKI D005130 GUY M. JONES THOMAS M. WILLIAMS D005382 MONROE C. JONES CHRISTOPHER R. WILLIS G001036 ANTHONY G. JUDGE DANIEL B. WILSON G001094 MICHAEL A. JUNOT ROBERT L. WILSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES W. KAINE ROBERT C. WITTIG TO THE GRADE INDICATED IN THE UNITED STATES ARMY DANIEL F. KELLEY, JR. DAVID B. WOMACK UNDER TITLE 10, U.S.C., SECTION 624: ROBERT M. KIRILA DAVID M. WOOD To be colonel HOWARD C. KIRK IV HARRY T. WOODMANSEE III JASON A. KIRK MATTHEW C. ZIMMERMAN JOSE L. AGUILAR JAY F. KLAUS D010875 BLACE C. ALBERT KENNETH J. KLIETHERMES D002780 CHRISTOPHER E. ALBUS JOHN D. KLINE D002807 GREGORY K. ANDERSON CHARLES D. KRUMWIEDE D006212 DAVID R. APPLEGATE KEVIN P. LANDERS, SR. D002977 NICHOLAS D. ARATA KEVIN C. LEAHY D005615 GREGORY A. BAKER DAVID S. LEE IN THE NAVY MICHAEL A. BALL RODGER S. LEMONS MARTIN J. BARR MARK S. LEVINE THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- CHRISTOPHER J. BARRON VERNON F. LIGHTNER MENT TO THE GRADES INDICATED IN THE REGULAR DANIEL J. BARZYK OTTO K. LILLER NAVY UNDER TITLE 10, U.S.C., SECTION 531:

VerDate Mar 15 2010 02:08 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 9801 E:\CR\FM\A27NO6.010 S27NOPT1 jbell on DSK7SPTVN1PROD with November 27, 2012 CONGRESSIONAL RECORD — SENATE S6983 To be commander DAVID E. BYRNE DEVINE JOHNSON ADAM R. CADOVIUS JAMES H. KEPPER IV DAVID SAMMETT JOSEPH A. CAMPBELL ROBERT W. KULISAN To be lieutenant commander MICHAEL G. CHARNOTA JOHNNY R. LYKINS, JR. SHANE V. COOK AARON P. MALE CENDIE R. CRAWLEY AARON D. COUDRAY JEREMY C. MEDLIN TIMOTHY R. DURKIN CHON B. DAREING ERIK A. NYHEIM JAMES P. DUVALL MICHAEL P. QUARG THE FOLLOWING NAMED OFFICERS FOR TEMPORARY JAMES M. ELMORE II ROBERT RAGON APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD R. EMERSON UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION SHANE M. FOX JEFFREY W. RANSOM 5721: ROBERT L. FRANKLIN III GRANT H. RIEDL To be lieutenant commander JASON R. HARR CHRISTOPHER W. ROSE NEAL HEATON MICHAEL SARRAILLE TIMOTHY R. ANDERSON MICHAEL J. HELLARD SAMUEL M. SCOVILL CARICE J. BRANTLEY ROBERT INMAN JOSEPH F. WALTER MATTHEW P. BROUILLARD JEREMY L. JAMES GEORGE B. WATKINS

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